<DOC>
[Cannon's Precedents -- Volume XI]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:index-p.wais]
Index-Digest P
Page Page
------------------------------------------------------------------------
Pacheco....................... 57 Parliamentary law..... 76
Pacific Railroads, Committee 57 Parnell............... 79
on.
Packing boxes................. 58 Parrett............... 79
Packing plants................ 58 Parsons............... 79
Page, C. H.................... 58 Parties. See also 79
``Caucus''.
Page, election case of........ 58 Party organization.
See ``Caucus''.
Page, H. F., Speaker pro 58 Passage of bills...... 80
tempore.
Page, J., Chairman............ 58 Passed over without 80
prejudice.
Page, R. N., Chairman......... 58 Passports............. 81
Page, W. T., Clerk............ 58 Patents, Committee on. 81
Pages......................... 58 Patronage............. 81
Paintings..................... 58 Patterson, David T.... 81
Pairs......................... 58 Patterson, election 81
cases of.
Palmer, A. M., Attorney 60 Patton................ 82
General.
Palmisano..................... 60 Paul.................. 82
Panama Canal.................. 60 Paupers............... 82
Panama Congress............... 61 Pay................... 82
Papers........................ 61 Pay rolls............. 84
Paragraphs.................... 70 Payne, election case 84
of.
Parcel post................... 74 Payne, S. E., Speaker
pro tempore and
Parchment..................... 74 Chairman............ 84
Pardons....................... 74 Payson, L. E., Speaker
pro tempore and
Parillo....................... 74 Chairman.............. 85
Parity........................ 75 Peace................. 85
Parks......................... 75 Pearce................ 85
Parliament. See ``English.'' Pearson............... 85
Parliamentary inquiry......... 75 Peck.................. 86
Page Page
------------------------------------------------------------------------
Peddy......................... 86 Police................ 111
Peelle........................ 86 Police court.......... 111
Penalties..................... 86 Political disabilities 111
Pending amendments............ 86 Political divisions... 111
Pendleton..................... 86 Polk, J. K., President 111
Penitentiaries................ 86 Polk, J. K., Speaker.. 111
Pennington, W., Speaker....... 87 Polk, T............... 112
Pennsylvania.................. 87 Poll books. See
``Elections of Repre-
Pensioner..................... 88 sentatives.''
Pensions...................... 88 Poll tax. See
``Elections of
Represent-
Pensions, Committee on........ 89 atives.''
People........................ 89 Pollard............... 112
Perea......................... 89 Polling booth. See
``Elections of Repre-
Perfecting.................... 89 sentatives.''
Perjury....................... 91 Polling places. See
``Elections of Repre-
Perkins, B. W., Speaker pro 91 sentatives.''
tempore.
Perkins, J. B., Chairman...... 91 Polls. See ``Elections
of Representa-
Perkins, election case of..... 91 tives.''............
Perlman....................... 91 Pollution............. 112
Pershing...................... 91 Pomeroy............... 112
Personal explanation.......... 91 Pool.................. 113
Personal interest............. 92 Population............ 113
Persons....................... 94 Porterfield........... 113
Pests......................... 94 Porto Rico............ 113
Peters, election case of...... 95 Portraits............. 113
Peters, R..................... 95 Ports of entry........ 113
Peters, S. R., Speaker pro 95 Posey................. 114
tempore.
Petitions..................... 95 Post.................. 114
Petroleum reserve............. 97 Post office........... 114
Pettit, J. U., Chairman....... 97 Post Offices and Post
Roads, Committee
Peyote........................ 98 on.................. 114
Phelps, election cases of..... 98 Post roads............ 115
Phelps, J. S., Speaker pro Postage............... 115
tempore and
Chairman.................... 98 Postal savings bank... 115
Philippines................... 98 Postal telegraph...... 115
Pickering..................... 98 Postmaster............ 115
Pictures...................... 98 Postpone, motion to... 116
Pigott........................ 98 Potomac River......... 118
Pile.......................... 98 Potter, C. N., Speaker 118
pro tempore.
Pilotage...................... 99 Potter, E. D., 118
Chairman.
Pinchback..................... 99 Poultry............... 118
Pirce......................... 99 Powell................ 118
Places........................ 99 Power Commission...... 119
Platt, election case of....... 99 Power, election case 119
of.
Platt, O. H., Presiding Power plant........... 119
Officer at an im-
peachment trial............. 99 Power of Speaker...... 119
Playgrounds................... 100 Power, usurpation of.. 119
Pleadings..................... 100 Powers, L., Speaker
pro tempore and
Plowman....................... 100 Chairman............ 119
Plurality..................... 100 Prall, A. S., Chairman 119
Pneumatice tube mail service.. 100 Prayer................ 119
Pocket veto................... 100 Preamble.............. 119
Points of order............... 100 Precedents............ 120
Page Page
------------------------------------------------------------------------
Precincts, election. ``See Procedure............. 226
Elections of
Representatives.'' Processes............. 226
Preemption.................... 121 Processions........... 227
Prehistoric ruins............. 121 Proclamations......... 227
Prentiss...................... 121 Producer of 227
agricultural products.
Preparations.................. 121 Pro forma amendment... 227
Prerogatives.................. 122 Prohibition laws...... 228
Present....................... 134 Proof................. 228
Presentations................. 134 Property.............. 228
Present....................... 134 Proposer.............. 229
President of the Senate....... 134 Proposition........... 229
President of the United States Prosecution........... 229
See also
``Election of President,'' Protection of citizens 229
``Electoral
count,'' ``Inquiry,'' and Protests.............. 229
``Vetoed
bills''..................... 134 Public bills.......... 231
President pro tempore of the 152 Public buildings and 232
Senate. grounds.
Presiding Officer of the 153 Public ceremonies..... 235
Senate.
Press......................... 154 Public credit......... 235
Preston....................... 155 Public defense........ 235
Previous question............. 155 Public documents...... 235
Price......................... 169 Public domain......... 235
Print, leave to............... 169 Public enemies........ 235
Printing...................... 170 Public health......... 235
Printing, Joint Committee on.. 173 Public interest....... 235
Prioleau...................... 174 Public lands.......... 236
Prisoner...................... 174 Public moneys......... 238
Prisons....................... 175 Public office......... 238
Private affairs............... 175 Public officers....... 238
Private bills................. 175 Public order.......... 238
Private business.............. 178 Public Printer........ 238
Private Calendar.............. 179 Public resolutions.... 238
Private citizen............... 180 Public schools........ 238
Private claims................ 180 Public service........ 239
Private Land Claims, Committee 181 Public work........... 239
on.
Privilege. See also 181 Purchase. See also 239
``Contempts''. ``Appropriations''.
Privileged questions.......... 212 Purviance............. 239
Privileges of floor........... 224 Putting the question.
See ``Question.''
Probable cause................ 226
-------------------------------------------------------------------
PACHECO.
The California election case of Wigginton v. Pacheco in the Forty-fifth
Congress. Volume II, sections 927-930.
PACIFIC RAILROADS, COMMITTEE ON.
The creation and history of the Commitee on Pacific Railroads. Section
23 of Rule XI. Volume IV, section 4239.
The rule gives to the Committee on Pacific Railroads jurisdiction of
subjects relating ``to the railroads and telegraph lines between the
Mississippi River and the Pacific coast.'' Volume IV, section 4239.
The rule gives to the Committee on Railways and Canals jurisdiction of
subjects relating ``to railways and canals, other than Pacific
railroads.'' Volume IV, section 4217.
PACKING BOXES.
The committee, overruling the Chairman, decided that an appropriation
for packing boxes was authorized by law. Volume VII, section 1230.
PACKING PLANTS.
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.
PAGE, CHARLES H.
The question relating to the compensation and term of service of
Charles H. Page in the Forty-ninth Congress. Volume II, section 1206.
PAGE, ELECTION CASE OF.
The Rhode Island election case of Page v. Pirce in the Forty-ninth
Congress. Volume II, sections 1003, 1004.
PAGE, HORACE F., of California, Speaker Pro Tempore.
Decision on question of order relating to --
Journal. Volume IV, section 2927.
PAGE, JOHN, of Virginia, Chairman.
Decision on question of order relating to--
Committee of the Whole. Volume IV, section 4710.
PAGE, ROBERT N., of North Carolina, Chairman.
Decisions on questions of order relating to--
Amendment, germaneness of. Volume VIII, section 3057.
PAGE, WILLIAM TYLER, of Maryland, Clerk.
Decisions on questions of order relating to--
Bills. Volume VII, section 1027.
Franking privilege. Volume VI, section 219.
Journal. Volume VI, section 623.
Members elect credentials. Volume VI, section 2.
PAGES.
No page, except chief pages and riding pages, shall be under 12 or more
than 18 years of age. Volume V, section 7233.
PAINTINGS.
The purchase of paintings and portraits has been within the
jurisdiction of the Joint Committee on the Library. Volume IV, section
4343.
Bills relating to statues, paintings, and other works of art have been
reported by the House branch of the Joint Committee on the Library.
Volume VII, section 2082.
PAIRS.
Pairs which are announced but once during the legislative day are
announced after the completion of a roll call and are published in the
Congressional Record. Volume V, section 5981.
Pairs are not announced in Committee of the Whole. Volume V, section
5984.
The Speaker is forbidden to entertain a request for the announcement of
a pair at a time other than that in which such announcements are in
order. Volume V, section 6046.
A suggestion being made that a pair had been disregarded, the Speaker
held that this was not a question for the House. Volume V, sections
5982, 5983.
Growth of the practice of pairing in the House. Volume V, section 5981.
Discussion of the origin of the practice of pairing in the House and
Senate. Volume VIII, section 3076.
PAIRS--Continued.
The rules of the Senate do not recognize pairs. Volume VIII, section
3095.
In the early days of the Congress the practice of pairing was the
subject of severe adverse criticism. Volume VIII, section 3076.
Discussion of the practice of the pair clerks in pairing without
authorization all Members failing to vote. Volume VIII, section 3078.
Under a long-established practice the pair clerks, unless otherwise
instructed, pair all absent Members. Volume VIII, section 3086.
Following a long-established custom the pair clerks, unless otherwise
instructed, ordinarily pair all Members absent and not voting. Volume
VIII, section 3092.
It is not permissible to entertain the request of a Member to record
his vote after he has , on the call of his name, refrained from voting
because of a misunderstanding as to a pair. Volume V, section 6081.
The fact that a Member responded under an erroneous belief as to a pair
does not justify the Speaker in entertaining a request to change the
record after a vote is declared. Volume V, section 6080.
The record of a yea-and-nay vote may not be impeached by showing that
Members voted who were recorded as paired. Volume V, section 6095.
The motion to reconsider a yea-and-nay vote may not be made by a Member
who, not voting, was paired in favor of the majority's contention.
Volume V, section 5614.
General pairs may be arranged for Members desiring to be recorded as
absent without leave, and it is customary for the pair clerks to
arrange such pairs without specific authorization from Members. Volume
VIII, section 3085.
The House exercises no jurisdiction over pairs. Volume VIII, section
3082.
Neither the Speaker nor the House exercises jurisdiction over pairs,
and the only cognizance of them taken by the rules is the provision for
their announcement and publication. Volume VIII, section 3089.
The House takes no cognizance of questions relating to pairs as such.
Volume VIII, sections 3088, 3093.
Neither the House nor the Speaker takes cognizance of complaints
relating to pairs. Volume VIII, sections 3085, 3087.
The pairing of a Member without his authorization gives rise to a
question of personal privilege. Volume VIII, section 3093.
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.
Inadvertent violation of a pair agreement does not give rise to a
question of personal privilege. Volume VIII, section 3094.
Discussion of an alleged violation of a pair made in a statement issued
by the pair clerk and printed in the Record. Volume VIII, section 3088.
Pairs do not excuse from attendance or exempt from arrest under a call
of the House. Volume VIII, section 3081.
After a vote has been announced by the Speaker it is not in order for a
Member to change or withdraw his vote even though inadvertently cast in
violation of a pair. Volume VIII, section 3069.
The pair clerks decline to alter a pair unless authorized to do so by
all Members signatory thereto. Volume VIII, section 3088.
An instance wherein the House declined to interfere with the custom of
pairing Members without signed requests from the Members proposed to be
paired. Volume VIII, section 3087.
Unless specifically provided, a pair does not indicate the attitude of
a Member on the pending question. Volume VIII, sections 3085, 3089.
The ordinary announcement of pairs in the Record does not indicate the
attitude of Members on the question on which paired. Volume VIII,
section 3092.
PAIRS--Continued.
The practice requires that pairs be reduced to writing and be signed by
the contracting Members. Volume VIII, section 3089.
Pairs are personal contracts the terms of which are determined by the
contracting Members who may provide for commencement and termination of
the pair on definite dates or for exceptions thereto, and may indicate
if desired the attitude of each Member on questions on which paired.
Volume VIII, section 3077.
Reservations may be appended in signing for a pair and when so made are
announced by the Clerk and appear in the Record. Volume VIII, section
3084.
A pair may be made ``until further notice'' and unless abrogated
remains in force during the entire session. Volume VIII, section 3092.
It frequently happens that on account of the large majority vote on the
pending question the pair clerks are unable to secure regular pairs and
are forced to pair Members favoring the same side of the question. For
this reason some Members instruct the clerks not to pair them during
their absence without explicit instructions. Volume VIII, section 3092.
Members favoring the same side of the question having been paired
without their authorization under the practice of pairing all Members
known to be absent, permission was asked and secured for a correction
of the Record in accordance with the facts. Volume VIII, section 3087.
An instance wherein a Member, being unable to secure a pair, explained
his attitude on the vote through an extension of remarks in the Record.
Volume VIII, section 3090.
Correction of errors in the recording of pairs as reported in the
Congressional Record are made by Members without action on the part of
the House. Volume VIII, section 3080.
Failure of the Congressional Record to record a pair is subject to
correction as any other error in the Record. Volume VIII, section 3079.
Questions relating to a pair have been discussed in the House under a
request for correction of the Record. Volume VIII, section 3092.
Instance wherein pairs were not published in the Record because of the
unanimity of the vote on the question. Volume VIII, section 3078.
An instance in which the record of pairs was revised on a day
subsequent to that on which the vote was taken. Volume VIII, section
3091.
On questions requiring a two-thirds majority Members are paired two in
the affirmative against one in the negative. Volume VIII, section 3088.
PALMER, A. MITCHELL, of Pennsylvania, Attorney General.
Decisions on questions of order relating to--
President to approve bills after adjournment. Volume VII, section 1088.
PALMISANO.
The Maryland election case of Hill v. Palmisano, in the Seventy-first
Congress. Volume VI, section 182.
PANAMA CANAL.
The subject of a canal between the Atlantic and Pacific, and to a
limited extent the general subject of canals in the United States, have
been considered by the Committee on Interstate and Foreign Commerce.
Volume IV, section 4103.
Preliminary jurisdiction of the Committee on Foreign Affairs as to the
canal between the Atlantic and Pacific oceans. Volume IV, section 4176.
Treaty stipulations providing for protection of the Panama Canal and
enactments in conformity therewith were held to authorize
appropriations for canal fortifications. Volume VII, section 1137.
Construction of the Panama Canal and government of the Canal Zone,
subjects formerly within the jurisdiction of the Committee on
Interstate and Foreign Commerce, are now referred to the Committee on
Merchant Marine and Fisheries. Volume VII, section 1807.
PANAMA CONGRESS.
In 1825 the House after long debate made an unconditional appropriation
for the expenses of the minister to the Panama Congress. Volume II,
sections 1546, 1547.
PAPERS.
(1) In conferences.--Custody of.
(2) In conferences.--Possession of, necessary for action.
(3) In conferences.--Reading of.
(4) Compelling the production of.--General power.
(5) Compelling the production of.--The subpoena duces tecum.
(6) Calling for, from the Executive.
(7) Calling for, from the departments.
(8) Compelling production of, in election cases.
(9) Before committees.
(10) Reading of.--Right to demand, when a vote depends.
(11) Reading of.--Authority of House as to, when no vote depends.
(12) Reading of.--Reports.
(13) Reading of.--President's message.
(14) Reading of.--When criticism of the other House is involved.
(15) In the files.--Custody of.
(16) In the files.--Leave to withdraw.
(17) In the files.--Relation to pending business.
(18) In the files.--Relation to the other House.
(19) In the files.--Restriction on officers and employees in
furnishing.
(20) In the files.--Attempts to obtain, by subpoena.
(21) At the electoral count.
(22) At an impeachment trial.
(23) Presentation of, to the House.
(24) In general.
(1) In Conferences.--Custody of.
At the conclusion of an effective conference, after a vote of
disagreement, the managers of the House which asked the conference
leave the papers with the managers of the other House. Volume V,
section 6254.
When a conference occurs before a vote of disagreement, the managers of
the House asking the conference retain the papers and bring them back
to their House. Volume V, section 6254.
When a conference breaks up without reaching any agreement the managers
of the House asking the conference do not necessarily surrender the
papers to the managers of the other House, as in the case where a
report is agreed to. Volume V, sections 6571-6584.
An instance where, after the failure of a conference, the papers were
brought first to the House that had asked the conference (footnote).
Volume IV, section 3905. Volume V, section 6246.
An instance where, after the failure of a conference, the papers were
brought first to the House agreeing to the conference (footnote).
Volume V, section 6239.
An instance where, after a conference asked before a disagreement, the
report was made first in the House agreeing to the conference. Volume
V, section 6585.
While a conference is in progress the House which asks it may alone
discharge the conferees, and, having possession of the papers, may act
on the amendments in disagreement. Volume V, sections 6526, 6527.
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.
PAPERS--Continued.
(1) In Conferences.--Custody of--Continued.
Formerly announcement of the recommitment of a conference report was
messaged to the Senate, but under the modern practice the other House
is not notified, and managers on the part of the House carry the paper
back to conference, and a new report is formulated. Volume VIII,
section 3321.
In an exceptional instance the Senate transmitted a message to the
House announcing recommitment of a conference report, but did not
transmit the papers. Volume VIII, section 3323.
Overruling a decision of the Chair, the Senate held it was not in order
to request the House to return papers in possession of the conferees.
Volume VIII, section 3324.
A conference report having been recommitted to the committee of
conference, the papers are no longer before the House, and no motion
for disposition of the amendments in disagreement is in order. Volume
VIII, section 3328.
At the close of an effective conference the papers change hands and the
managers on the part of the House agreeing to the conference submit the
papers and the report to their House, which acts first on the report,
but in exceptional cases where managers on the part of the House
agreeing to conference have surrendered the papers, inadvertently or
otherwise, the report has been first received by the other House.
Volume VIII, section 3330.
A conference having failed to reach a result, the papers are not
surrendered, but remain with the managers of the House asking
conference and that House first receives the report and first takes
action on the matters in disagreement. Volume VIII, section 3332.
(2) In Conferences.--Possession of, Necessary for Action.
The request for a conference must come from the House in possession of
the papers. Volume V, section 6254.
A conference having failed to reach a result, the two Houses
successively, as they come into possession of the papers, act on the
amendments in disagreement, further insisting or receding and
concurring. Volume V, section 6322.
The reports of managers of a conference goes first to one House and
then to the other, neither House acting until it is in possession of
the papers. Volume V, section 6322.
A report from a conference committee may not be presented for action or
request for another conference be made unless the House be in
possession of the papers, i.e., the original bill and Senate
amendments. Volume V, section 6586.
A conference report may not be considered when the original bill and
amendments are not before the House. Volume V, section 6518-6522.
A conference report may not be considered when the original bill and
accompanying papers are not before the House. Volume VIII, section
3301.
While a conference report may not be considered when the original
papers are not before the House, the failure of the Clerk to certify to
their authenticity may be remedied when the question is raised, and
does not invalidate proceedings relating to them. Volume III, section
3302.
(3) In Conferences.--Reading of.
The consideration of a conference report may be interrupted, even in
the midst of the reading of the statement, by the arrival of the hour
previously fixed for a recess. Volume V, section 6524.
(4) Compelling the Production of.--General Power.
Witnesses are summoned in pursuance and by virtue of the authority
conferred on a committee to send for persons and papers. Volume III,
section 1750. Volume VI, section 394.
A motion to refer may specify that the reference be to a select
committee of a stated number of Members, and may endow this committee
with power to send for persons and papers. Volume IV, section 4402.
PAPERS--Continued.
(4) Compelling the Production of.--General Power--Continued.
The House sometimes confers upon subcommittees the power to send for
persons and papers. Volume VI, section 376.
The House may confer upon the subcommittees of a committee the power to
send for persons and papers. Volume III, section 1801.
The House may empower a subcommittee to send for persons and papers and
conduct an investigation. Volume III, section 2029.
A subcommittee, with power to send for persons and papers, was sent to
Georgia to investigate the conduct of Judge Speer. Volume VI, section
527.
The House has by resolution demanded of certain of its Members the
production of papers and information. Volume III, section 1811.
Instance wherein the House empowered the Ways and Means Committee to
send for persons and papers in any matter arising out of business
referred to the committee. Volume III, section 1813.
A committee of the Whole, charged with an investigation in 1792, was
given the power to send for persons and papers. Volume III, section
1804.
The Kansas Committee of 1856 was empowered to send for persons and
papers and to arrest and bring before the House any witnesses in
contempt. Volume III, section 1752.
In 1877 the Senate, after discussion, decided that certain telegrams
relating to the Presidential election should be produced by a witness.
Volume III, section 1723.
An official of a telegraph company not being in actual possession of
dispatches demanded by the House, proceedings for contempt were
discontinued. Volume III, section 1697.
In 1877 the House, in the course of an investigation of the recent
Presidential election, compelled the production of telegrams by an
employee of the company having actual custody of them. Volume III,
section 1696.
A subject being within the power of the House to investigate, it was
held that State officers might not decline to produce records on the
plea that they possessed them in their official capacities. Volume III,
section 1698.
The two Houses, by concurrent resolution, constituted a joint select
committee of investigation, with power to send for persons and papers
and sit during the recess of Congress. Volume III, sections 1763, 1764.
Volume VI, section 380.
The general authority of the House to compel testimony and the
production of papers in an investigation, and the relation of this
right to the rights of individuals to privacy in business affairs, were
discussed in 1837. Volume III, section 1733.
A committee was authorized to send for persons and papers and to
administer oaths in an investigation delegated to it by the House.
Volume VI, section 536.
Instance wherein a committee of investigation after being authorized to
send for persons and papers was further empowered to require witnesses
to testify. Volume VI, section 394.
Instance wherein the House investigated delay in the reference and
transmission of paper to a committee. Volume VI, section 371.
Decision of the district court on the right of the Senate to compel
testimony and the production of papers and records. Volume VI, section
337.
Discussion of the extent of the House's power to compel testimony and
the production of books and papers. Volume VI, section 400.
In 1834 the directors of the Bank of the United States resisted the
authority of the House to compel the production of books of the bank
before an investigating committee. Volume III, section 1732.
(5) Compelling the Production of.--The Subpoena Duces Tecum.
In 1876, after examination and discussion, the House declared its right
through a subpoena duces tecum to compel the production of books,
papers, and especially telegrams. Volume III, section 1812.
PAPERS--Continued.
(5) Compelling the Production of.--The Subpoena Duces Tecum--Continued.
Forms of subpoena and compulsory process issued by House committee to
produce persons and papers for Blount impeachment. Volume III, sections
2038, 2039.
In 1877 the House imprisoned Members of a State canvassing board for
contempt in refusing to obey a subpoena duces tecum for the production
of certain papers relating to the election of Presidential electors.
Volume III, section 1698.
Form of subpoena duces tecum used for compelling production of
telegrams in 1877, but criticised as too general and verbally
defective. Volume III, section 1695.
Instance wherein the House authorized a subpoena duces tecum by
registered letter. Volume I, section 731.
Discussion as to the use of the subpoena duces tecum in procuring
papers from public officers. Volume III, section 1700.
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.
Discussion of the use of the subpoena duces tecum in procuring books
and papers from a private person. Volume VI, section 400.
(6) Calling for, From the Executive.
In 1837 a committee discussed the authority of the House in calling for
papers from the Executive Departments, and the kind of papers properly
subject to its demand. Volume III, section 1738.
Discussion of the right of the house to demand papers from a public
officer. Volume III, section 1700.
Discussion as to the use of the subpoena duces tecum in procuring
papers from public officers. Volume III, section 1700.
In 1842 the House vigorously asserted and President Tyler as vigorously
denied the right of the House to all papers and information in
possession of the Executive relating to subjects over which the
jurisdiction of the House extended. Volume III, sections 1884, 1885.
A discussion in the Senate as to its powers in calling for papers from
the President. Volume III, sections 1902, 1903.
In 1860 a proposition to arrest a Government official for refusing to
produce a paper which he declared to be entirely private in its nature,
was abandoned after discussion. Volume III, section 1683.
After consideration, a committee concluded that an official threatened
with impeachment was not in contempt for declining to be sworn as a
witness or to produce documentary evidence. Volume III, section 1699.
A committee of the House declined to prefer any charge against a public
officer before requiring him to furnish certain records of his office.
Volume III, section 1739.
A resolution addressed to the President requesting the transmission of
papers having been offered, the Senate modified it by incorporation of
the clause ``if not incompatible with the public interest.'' Volume
III, section 433.
The President declined to submit to the Senate in response to its
request certain papers touching the London Naval Treaty of 1930 on the
ground that such compliance would be incompatible with the public
interest. Volume VI, section 433.
In response to a resolution of the House, the President transmitted to
the Judiciary Committee of the House charges filed against Judge
Archbald and all papers relating thereto with a message suggesting that
they be not laid before the House until examined by the committee.
Volume VI, section 498.
(7) Calling for, From the Departments.
Discussion of the right of the House to send for original papers from
the files of the department. Volume VI, section 435.
PAPERS--Continued.
(8) Compelling Production of, in Election Cases.
The officer presiding at the taking of testimony in an election case
has the power to require the production of papers. Volume I, section
703.
The ballots are among the papers of which the officer taking testimony
in an election case may demand the production. Volume II, section 1044.
May a notary, acting under the authority of the law of 1851, require
the production of ballots against the injunction of the State court?
Volume II, section 1070.
Form of resolution by which the House ordered the production of ballots
as evidence in an election case. Volume II, section 1070.
Instance wherein the House directed the issue of a subpoena duces tecum
to procure the ballots for examination in an election case. Volume I,
section 731.
Form of resolution returning to State authorities ballots that had been
examined in an election case. Volume I, section 733.
The House has issued a subpoena duces tecum in order to procure
election returns to be used in determining election cases. Volume I,
section 710.
A question as to whether certain copies of election papers certified to
by public officers were actually evidence or not. Volume I, section
720.
Instance wherein an unsuccessful contestant for a seat in the Senate
was permitted to withdraw his credentials. Volume I, section 352.
In 1791 the House declined to admit as evidence in an election case
official State papers under seal. Volume I, section 709.
An election committee, while authorized to subpoena witnesses and
compel the production of papers in an election case, is without such
authority in proceedings for expulsion unless authorized by the House.
Volume VI, section 77.
Authority conferred by a statute ``To require the production of
papers'' was construed to confer authority to require the production of
ballots, in an election held under the Australian ballot system. Volume
VI, section 186.
(9) Before Committees.
At the time of final adjournment of a Congress the clerks of committees
are required to deliver to the Clerk of the House the bills and other
papers referred to the committee. Volume V, section 7260.
A committee sometimes makes its clerk custodian of its papers, allowing
possession to Members only by permission of the committee. Volume IV,
section 4578.
Rights of a member of a committee in relation to papers referred to one
of its subcommittees. Volume IV, section 4577.
Certain papers being sent to a committee as the basis of a decision and
report, the committee does not take into account other pertinent papers
in possession of the House. Volume I, section 559.
(10) Reading of.--Right to Demand When a Vote Depends.
Under the parliamentary law every Member has the right to have a paper
once read before he is called to vote on it. Volume V, section 5258.
The right of a Member to demand the reading of a paper on which he is
called to vote is recognized in the rules of the House. Volume V,
section 5257.
When a paper on which the House is to vote has been read once, the
reading may not be required again unless the House shall order it read.
Volume V, section 5260.
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.
The early practice was not uniform as to the right of a Member to
demand the reading of a paper which it was proposed to print. Volume V,
sections 5263-5265.
The right of the Member to have read a paper on which the House is to
vote may be abrogated by a suspension of the rules. Volume V, sections
5278-5284.
PAPERS--Continued.
(10) Reading of.--Right to Demand When a Vote Depends--Continued.
It has generally, but not uniformly, been held that the right of a
Member to have read the paper on which he is called to vote is not
changed by the fact that the procedure is by suspension of the rules.
Volume V, sections 5273-5277.
Under the later decisions it is held that the right of a Member to have
read a paper on which the House is to vote may not be abrogated by a
suspension of the rules. Volume VIII, section 3400.
An amendment being offered and the reading having begun, a point of
order may interrupt the reading and the Chair may rule the amendment
out if enough has been read to show that it is out of order. Volume V,
sections 6886-6887.
(11) Reading of.--Authority of House as to, When No Vote Depends.
The reading of papers other than the ones on which the vote is taken is
usually permitted under the parliamentary law without question, but if
objection is made the Speaker must take the sense of the House. Volume
V, section 5258.
If there is an evident abuse of the patient 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.
If objection is made a Member must have leave of the House to read a
paper in his place, even though it be his own written speech. Volume
VIII, section 2598.
A paper not before the House for action but related to the pending
matter may be read by order of the House if there is objection to the
request of a Member. Volume V, section 5260.
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.
A Member may not as a matter of right require the reading of a book or
paper or suggesting that it contains matter infringing on the
privileges of the House. Volume V, section 5258.
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.
Instances wherein the request of a Member to have read a paper not
before the House for action has encountered objection and been referred
to the House. Volume V, sections 5289-5291. Volume VIII, section 2603.
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 previous question being ordered, a Member may not ask a decision of
the House on his request for the reading of a paper not before the
House (Speaker overruled). Volume V, section 5296.
It has been held in the Senate that when the reading of a paper is
objected to it must be determined by vote of the Senate. Volume V,
section 5299.
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.
A Member may object to the reading of a paper on which the House is not
required to vote at any time after reading has begun, and demand that
the question of its reading be referred to the House for decision.
Volume VIII, section 2596.
If objection is made a Member may not read excerpts from the
Congressional Record save by leave of the House. Volume VIII, section
2597.
A Member proposing to read in his own time a paper on which a vote was
not to be taken, objection was made, and the Speaker submitted the
question to the House. Volume VIII, section 2597.
PAPERS--Continued.
(11) Reading of.--Authority of House as to, When No Vote Depends--
Continued.
A motion to authorize the reading of a paper is not debatable. Volume
VIII, section 2598.
A Member may read as a matter of right a paper which has been held to
constitute a question of privilege. Volume VIII, section 2599.
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
caluminiator. Volume VIII, section 2601.
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.
A motion that a Member having the floor be permitted to read a paper
objected to in debate is privileged. Volume VIII, section 2605.
Rule XXX, providing for taking the sense of the House on the reading of
a paper in debate, applies also to proceedings in the Committee of the
Whole. Volume VIII, section 2605.
The reading of papers other than the one on which the vote is taken are
subject to the will of the House and any Member may object. Volume
VIII, section 2605.
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.
(12) Reading of.--Reports.
The reading of a report is in the nature of a 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.
The reading of a report, being in the nature of debate, is not in order
after the previous question is ordered. Volume V, sections 5294-5295.
On a motion to refer a report the reading of it may be demanded as a
matter of right by a Member, but the latest ruling leaves to the House
to decide whether or not an accompanying record of testimony shall be
read. Volume V, sections 5261, 5262.
Instance wherein a privileged report which presented facts and
conclusions but no legislative proposition was read to the House.
Volume IV, section 4663.
Pending consideration of a conference report it is not in order to
demand the reading of the amendments to which it relates. Volume V,
section 5298.
The previous question having been demanded on a resolution adopting
rules for the House, a demand for the reading of the rules, which were
not a part of the resolution, was overruled. Volume V, section 5297.
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.
(13) Reading of.--President's Message.
The documents which are a part of the President of a message are not
read before the message is disposed of. Volume V, section 5272.
While a message of the President is always read in full and entered on
the Journal, the latest rulings may have not permitted the reading of
the accompanying documents to be demanded as a matter of right. Volume
V, sections 5267-5271.
(14) Reading of.--When Criticism of the Other House Is Involved.
A Member may not in the course of debate read a paper criticising a
Member of the Senate. Volume V, section 5127.
A Member may not in debate in the House read the record of speeches and
votes of Senators in such connection of comment or criticism as might
be expected to lead to recriminations. Volume V, sections 5107-5111.
Papers--Continued.
(14) Reading of.--When Criticism of the Other House Is Involved--
Continued.
Instance wherein the Senate declined to have read the record of the
proceeding of the House, even as the basis of a question of order
relating to the rights of the Senate. Volume V, section 6406.
Discussion as to the extent to which the proceedings of one House may
be read in the other. Volume V, sections 5107-5111.
(15) In the Files.--Custody of.
The statutes provide that so much of the files of the House as are not
required for immediate use shall be kept in the custody of the
Librarian of Congress. Volume V, section 7256.
(16) In the Files.--Leave to Withdraw.
Except in certain cases no paper presented to the House shall be
withdrawn from its files without its leave. Volume V, sections 7256-
7258.
The House usually allows the withdrawal of papers only in cases where
there has been no adverse report. Volume V, section 7259.
The rules for the order of business give no place to a motion to
withdraw papers, and hence it is made by unanimous consent. Volume V,
section 7259.
The House has found the necessity of strictness in the rule relating to
the withdrawal of papers form the files. Volume V, sections 7257, 7258.
When leave is given for the withdrawal of a paper from the files of the
House a certified copy of it is to be left in the office of the Clerk.
Volume V, section 7256.
The House declined to allow the testimony in an election case to be
withdrawn from its files. Volume V, section 7262.
(17) In the Files.--Relation to Pending Business.
The House may take from its files papers of a preceding Congress and
refer them to a committee with instructions. Volume V, section 7261.
The House may refer to a committee a report made in a preceding
Congress. Volume IV, section 4679.
A proposition to refer to a committee the papers and testimony in an
impeachment of the preceding Congress was admitted as a matter of
privilege. Volume V, section 7261.
An investigating committee sometimes reports testimony to the House
with the recommendation that it be sealed and so kept in the files
until further order of the House. Volume III, section 1782.
A Member may not offer as an amendment a paper already offered by
another Member and in possession of the Clerk. Volume V, sections 7266,
7267.
A Member may not offer as an amendment a paper already in possession of
the House and consequently a part of the files of the House. Volume V,
section 7265.
(18) In the Files.--Relation to the Other House.
One House requiring papers from the files of the other asks for them by
resolution. Volume V, sections 7263, 7264.
Papers accompanying bills from the other House are restored to the
House when the bills pass, or at the final adjournment if the bills do
not pass (footnote). Volume V, section 7259.
The House by resolution authorized its Clerk to produce papers and its
Members to give testimony before a court of impeachment. Volume III,
section 1796.
(19) In the Files.--Restriction on Officers and Employees in
Furnishing.
No officer or employee of the House should furnish, except by authority
of the House or a statute, any copy of any paper belonging to the files
of the House. Volume III, section 2663.
No officer or employee should furnish any copy of any testimony given
or paper filed on any investigation before the House or any of its
committees. Volume III, section 2663.
PAPERS--Continued.
(19) In the Files.--Restriction on Officers and Employees in
Furnishing--Continued.
When an act passes for the settlement of a claim the Clerk may transmit
the papers relating thereto to the officer charged with the settlement.
Volume V, section 7256.
The Clerk may loan to officers or bureaus of the Executive Departments
papers from the files of the House, taking a receipt therefor. Volume
V, section 7256.
The charge that the minority views of a committee had been abstracted
from the Clerk's office by a Member was investigated as a question of
privilege. Volume III, section 2603.
(20) In the Files.--Attempts to Obtain, by Subpoena.
The House, in maintenance of its privilege, has refused to permit the
Clerk to produce in court, in obedience to a summons, an original paper
from the files, but has given the court facilities for making certified
copies. Volume III, section 2664.
No officer or employee of the House may produce any paper belonging to
the files of the House before a court without permission of the House.
Volume III, section 2663.
No officer or employee of the House may produce before a court, either
voluntarily or in obedience to a subpoena duces tecum, any paper from
the files without permission of the House first obtained. Volume VI,
section 587.
The Clerk of the House having been subpoenaed to produce before the
Supreme Court of the District of Columbia certain papers from the
files, reported to the House, and failing to receive permission
disregarded the order of the court. Volume VI, section 587.
The Secretary of the Senate being subpoenaed to appear before a
committee of the House with certain papers from the files the Senate,
after a discussion as to privilege, empowered him to attend with the
papers in his custody. Volume III, section 2665.
The Secretary of the Senate being subpoenaed to produce a paper from
the files of the Senate, permission was given him to do so after a
discussion as to whether or not he was exempted by privilege from the
process. Volume III, section 2666.
A resolution authorizing the Clerk of the House to produce papers
requested in a subpoena duces tecum is presented as a matter of
privilege, but such privilege is destroyed by incorporation in the
resolution of extraneous and unprivileged matter. Volume VI, section
587.
(21) At the Electoral Count.
When, during the electoral count of 1873, the two Houses separated to
consider objections, the Vice-President, who had custody of the
documents, left with the House duplicates of the electoral
certificates. Volume III, section 1951.
When an objection is raised to the counting of the electoral vote of a
State in joint meeting, two copies are made of the objection--one for
use of the House and the other for the Senate. Volume III, section
1951.
(22) At an Impeachment Trial.
The Senate sitting for an impeachment trail has commanded a reluctant
witness to produce certain papers in its presence. Volume III, section
2160.
According to the best considered practice, the Senate sitting for an
impeachment trial does not obtain the use of the Senate archives
without an order made in legislative session. Volume III, sections
2111, 2112.
The House may take official cognizance of a paper listened to by the
Committee of the Whole in attendance on an impeachment trial. Volume
III, section 2042.
The House having attended when respondent's answer was read, it was
held that the answer might not as of right be read again in the House
during consideration of the replication. Volume III, section 2042.
In the Belknap trial the Presiding Officer, on request of respondent's
counsel, required the reading in full of letters presented in evidence.
Volume III, section 2201.
PAPERS--Continued
(22) At an Impeachment Trial--Continued.
The Chief Justice held in the Johnson tried at 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 correcting testimony previously given in an impeachment trial a
witness was not permitted to put in a paper made up in part from the
recollections of other persons. Volume III, section 2205.
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.
(23) Presentation of, to the House.
Petitions, memorials, and other papers addressed to the House may be
presented by the Speaker as well as by a Member. Volume IV, section
3312.
Papers general or descriptive in form may not be presented to the House
as memorials. Volume IV, section 3325.
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.
The Clerk, while presiding at the organization, declined to open a
paper addressed to the Speaker, although it was supposed to inclose a
missing credential. Volume I, section 47.
A paper presented in the House by a Member is response to the order of
the House is mentioned in the Journal, but not printed in full. Volume
III, section 1811.
A Member may not be required to give the authority of any respectful
statement which he may quote a debate. Volume V, section 5172.
A portion of a petition may be referred to one committee and the
remainder to another. Volume IV, sections 3359, 3360.
(24) In General.
The President was allowed to withdraw papers included with a message by
inadvertence. Volume V, section 6651.
A motion to reconsider may be entertained, although the bill or
resolution to which it applies may have gone to the other House or the
President. Volume V, sections 5666-5668.
Stationery, blank books, and other papers necessary to legislation are
furnished to the House and Senate and their committees on requisition
of the Clerk of the House and Secretary of the Senate, respectively.
Volume V, section 7322.
The statutes provide for 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. Volume VII, sections
2100, 2166.
The rule gives to the Joint Committee on Disposition of Useless
Executive Papers jurisdiction over ``all proposed legislation
concerning the disposition of useless executive papers.'' Volume VII,
section 2100.
PARAGRAPHS:
(1) Reading bills for amendments by.
(2) Offering amendments to.
(3) Points of order as to.
(4) In general.
(1) Reading Bills for Amendments by:
Appropriation and revenue bills are considered in Committee of the
Whole by paragraphs, other bills by sections. Volume IV, sections 4739,
4740.
In consideration under the five-minute rule a paragraph is not passed
until the next one is read, although the Committee of the Whole may in
the meantime have risen. Volume IV, section 3833.
PARAGRAPHS--Continued.
(1) Reading Bills for Amendments by--Continued.
When, in considering a bill by paragraphs or sections, the Committee of
the whole has passed a particular paragraph or section, it is not in
order to return thereto. Volume IV, sections 4742, 4743. Volume VIII,
section 2354.
In considering a bill for amendment under the five-minute rule it is in
order to return to a paragraph already passed only by unanimous
consent. Volume IV, sections 4746, 4747.
Whether a bill shall be read for amendment by sections or paragraphs is
in recent practice a matter of convenience and rests largely within the
discretion of the Chairman. Volume VIII, section 2341.
Whether a bill shall be read by paragraphs, sections, or subsections
when read for amendment in the Committee of the Whole is not governed
by arbitrary rule but by practical considerations of convenience as
determined by the Chairman. Volume VIII, section 2346.
The question as to whether bills shall be considered in the Committee
of the Whole by paragraphs or sections is within the determination of
the Chairman subject to the will of the committee on appeal. Volume
VIII, section 2348.
While under the practice of the House appropriation bills and revenue
bills are read for amendment by paragraphs and other bills by sections,
the Chairman has on occasion authorized the reading of such other bills
by paragraphs where the text of the bill was such as to warrant it.
Volume VIII, section 2340.
Instance wherein the Committee of the Whole, disregarding the
suggestion of the Chairman, determined to read a revenue bill by
paragraphs and not by sections. Volume VIII, section 2350.
While the manner of reading a bill is within the determination of the
Committee, tariff bills are ordinarily read by paragraphs rather than
by sections. Volume VIII, section 2349.
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.
Bills are read for amendment in Committee of the Whole by sections or
paragraphs and amendments are not in order until the reading of the
section or paragraph has been completed. Volume VIII, section 2686.
In reading a bill for amendment it is not in order to return to a
paragraph already acted on. Volume VIII, section 2898.
During the reading of a bill for amendment, a paragraph or amendment
when once reported may not be read a second time except by order of the
committee. Volume VIII, section 2870.
The motion to return to a portion of a bill passed in reading for
amendment is not privileged and a paragraph or section so passed may be
again taken up by unanimous consent only. Volume VIII, section 2930.
A paragraph passed over by unanimous consent during the reading of a
bill for amendment in the Committee of the Whole is returned to when
reading of the bill has been concluded, and an earlier motion to return
to it is not in order. Volume VIII, section 2336.
A special order making committee amendments to any part of the bill in
order at any time was construed to permit the offering of amendments to
paragraphs already passed in reading for amendment. Volume VII, section
792.
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.
In reading a bill for amendment under the five-minute rule a paragraph
is passed when an amendment proposing the adoption of a new section is
entertained, but if such amendment is ruled out on a point of order,
the paragraph last read is still pending. Volume VIII, section 2867.
PARAGRAPHS--Continued.
(1) Reading Bills for Amendments by--Continued.
As the motion to strike out the enacting clause is not in order until
the first section of a bill has been read, or after reading for
amendment has been concluded, where a bill contained but one paragraph
the motion was entertained at the conclusion of the reading of the
bill. Volume VIII, section 2618.
An exceptional instance wherein the Chair entertained a motion that the
Clerk be directed to read a pending paragraph as it would read if
modified by a proposed amendment. Volume VII, section 1050.
(2) Offering Amendments to.
Under the later decisions the principal has been established that an
amendment should be germane to the particular paragraph or section to
which it is offered. Volume V, section 5811-5820.
An amendment in the form of a new and separate paragraph may be offered
to any part of the bill to which it is germane. Volume V, section 5777.
An amendment must be germane to the section or paragraph to which it is
offered. Volume VIII, sections 2922, 2925.
An amendment must be germane to the portion of the bill to which
offered but when proposed as a separate paragraph is not acquired to be
germane to the paragraph immediately preceding it. Volume VIII, section
2934.
While an amendment offered as a new paragraph must be germane to that
portion of the bill to which offered, it is not required to be germane
to the preceding paragraph. Volume VII, section 1162.
While an amendment offered as a new paragraph must be germane to that
portion of the bill to which offered, its relative order with other
paragraphs is not otherwise prescribed. Volume VII, section 1224.
While an amendment offered as a separate paragraph must be germane to
that portion of the bill to which proposed, it is sufficient if offered
to that portion of the bill relating to the department of government
under which it properly belongs and the fact that it is not intimately
related to the paragraphs immediately preceding or immediately
following does not render it subject to a point of order. Volume VIII,
section 2932.
Amendments proposing new paragraphs should conform in germaneness to
the section of the bill to which proposed. Volume VIII, section 2933.
A special order having been agreed to providing for consideration of a
paragraph proposing legislation or an appropriation bill, germane
amendments were held in order but amendments proposing additional
legislation were not admitted. Volume VII, section 1397.
It is in order to insert, by way of amendment, a paragraph similar (if
not actually identical) to one already stricken out by amendment Volume
V, section 5760.
While not in order to insert by way of amendment a paragraph similar to
one already stricken out, an amendment will not be ruled out for that
reason unless practically identical. Volume VIII, section 2839.
When a bill is considered by sections or paragraphs an amendment in the
nature of a substitute is properly offered after the reading for
amendment is concluded. Volume V, section 5788.
When it is proposed to offer a single substitute for several paragraphs
of a bill which is being considered by paragraphs, the substitute may
be moved to the first paragraph with notice that if it be agreed to
motions will be made to strike out the remaining paragraphs. Volume V,
section 5795. Volume VIII, section 2898.
When it is proposed to offer a single substitute for the entire bill,
the substitute may be moved to the first paragraph with notice that if
it be agreed to, motions will be made to strike out the remaining
paragraphs. Volume VIII, section 2902.
PARAGRAPHS--Continued.
(2) Offering Amendments to--Continued.
When it is proposed to offer a substitute for the entire bill the
substitute may be moved to the first paragraph with notice that if
adopted motions will be made to strike out subsequent sections as
reached, but the motion to strike out all after the enacting clause is
not in order until the entire bill has been read. Volume VIII, section
2903.
When it is proposed to offer an amendment to strike out a section
consisting of several paragraphs, of a bill which is being considered
by paragraphs, the amendments may be moved to the first paragraph with
notice that if it be agreed to, a similar motion will be made to strike
out the succeeding paragraphs as they are reached. Volume VIII, section
2901.
A substitute for an entire bill may be offered only after the first
paragraph has been read or after the reading of the bill for amendment
has been concluded. Volume VIII, section 2905.
An amendment in the nature of a substitute for the entire bill may be
offered either at the end of the bill or after the reading of the first
paragraph with notice that if agreed to motions will be made to strike
out the remaining paragraphs. Volume VIII, section 2426.
Under exceptional circumstances a substitute amendment to a bill which
was being considered by paragraphs was once voted on before all the
paragraphs had been read. Volume V, section 5789.
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.
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.
Amendments to the pending section or paragraph have been disposed of.
Volume VIII, section 2358.
An amendment to perfect the pending section takes precedence of an
amendment offered as a new paragraph. Volume VIII, section 2868.
A motion to strike out a paragraph being pending, and the paragraph
then being perfected by an amendment in the nature of substitute, the
motion to strike out necessarily falls. Volume VIII, sections 2846,
2854.
A negative vote on a amendment offered to a preceding paragraph does
not prevent the offering of a similar amendment as a new section.
Volume VIII, section 2845.
An amendment may not be offered to a paragraph in a bill while a point
of order against the paragraph is pending. Volume VIII, section 3452.
In the consideration of a bill in the Committee of the Whole, the
committee in charge of a bill was authorized to return to any section
or paragraph which has been passed for the purpose of offering
amendments. Volume VII, section 1067.
It is in order, by a motion to insert, to effect a transfer of
paragraphs from the latter to the first portion of a bill. Volume VIII,
section 2875.
When it is proposed to strike out certain words in a paragraph, it is
not in order to amend by adding to them other words of the paragraph.
Volume VIII, section 2848.
(3) Points of Order as to.
A bill being considered under the five-minute rule, a point of order
against a paragraph should be made before the next paragraph is read.
Volume V, section 6931.
Points of order may be to the whole or to a part only of a paragraph.
Volume IV, section 4739. Volume V, section 6881.
The fact that a point of order is made against a portion of a paragraph
does not prevent another point against the whole paragraph. Volume V,
section 6882.
A point of order being made against an entire paragraph, the whole of
it must go out if a portion merely is subject to the objection. Volume
V, section 6883.
PARAGRAPHS--Continued.
(3) Points of Order as to--Continued.
A point of order being made against an entire paragraph and being
sustained because a portion only is out of order, the entire paragraph
goes out, but it is otherwise if the point is made only against the
portion out of order. Volume V, sections 6884 6885.
If a part of a paragraph is out of order, the entire paragraph is
subject to a point of order. Volume VII, sections 1172, 1246, 1283.
If a portion of a paragraph is out of order the entire paragraph may be
stricken from the bill, but after that portion has been ruled out it is
too late to lodge the point of order against the paragraph as a whole
as if the objectionable matter had not been stricken from the bill.
Volume VIII, section 3436.
If the point of order is directed to the item of appropriation that
item only is eliminated, but if made against the paragraph or section
containing the item the entire paragraph or section goes out. Volume
VII, section 2143.
A point of order being made against an entire paragraph, the whole of
it must go out, although a portion only is subject to the objection.
Volume VII, section 1276.
It is not in order to strike out a paragraph previously inserted by
amendment. Volume VIII, section 2854.
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 paragraph in an appropriation bill reenacting a provision of existing
law properly limiting an appropriation previously made for the same
purpose is not subject to a point of order; therefore germane
amendments to such paragraphs which do not propose additional
legislation are in order. Volume VII, section 1393.
Paragraphs ruled out in Committee of the Whole on points or order are
not reported to the House. Volume VIII, section 2428.
A paragraph includes headings or subheadings and when stricken out on a
point of order carries with it such titles or subtitles. Volume VIII,
section 2353.
(4) In General.
The extent of a paragraph is indicated by the printed indentation in
the bill and not by the substance of the text. Volume VIII, section
2351.
What the question of authorization is raised against a paragraph in an
appropriation bill it is incumbent upon the committee reporting the
bill to cite the law sanctioning the appropriation. Volume VII, section
1233.
Where one paragraph of a speech inserted in the Record under leave to
print contained unparliamentary language, the entire speech was
stricken out. Volume VIII, section 3472.
PARCEL POST.
A bill relating to the method of packing dutiable tobacco for parcel-
post shipment was held not to be a revenue bill within the meaning of
the rule giving such bills privilege. Volume VIII, section 2280.
PARCHMENT.
When enrolled bills are printed on parchment in accordance with the
provisions of joint rules confirmed by statute. Volume IV, sections
3433-3437.
PARDONS.
Cases of impeachment are excluded by the Constitution from the offenses
for which the President may grant reprieves and pardons. Volume III,
section 2003.
The respondent in an impeachment case may not under the English law
plead in his answer a pardon as bar to the impeachment. Volume III,
section 2121.
PARILLO.
The Illinois election case of Parillo v. Kunz in the Sixty-seventh
Congress. Volume VI, section 116.
PARITY.
A legislative proposition to maintain the parity of the money of the
United States was reported by the Committee on Banking and Currency.
Volume IV, section 4089.
The Banking and Currency Committee exercises jurisdiction of bills
establishing legal tender, stabilizing currency and maintaining parity
of moneys issued. Volume VII, section 1792.
PARKS.
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.
The Committee on Public Lands has jurisdiction over subjects relating
to those national parks created out of the public domain. Volume IV,
section 4198.
Legislation relating to military parks and battlefields is within the
jurisdiction of the Committee on Military Affairs. Volume IV, section
4187.
The dedication of public land to be forever used as a public park was
held to be such an appropriation of public property as would require
consideration in Committee of the Whole. Volume IV, sections 4837,
4838.
An appropriation for increased cost in park maintenance was held to be
in order on an appropriation bill. Volume VII, section 1181.
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.
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 acceptance, acquisition, and exchange of lands for park purposes in
the District of Columbia re subjects within the jurisdiction of the
Committee on Public Buildings and Grounds. Volume VII, section 1967.
PARLIAMENT. See ``English.''
PARLIAMENTARY INQUIRY
The Journal does not record the response of the Speaker to a
parliamentary inquiry. Volume IV, section 2842.
An appeal may not be taken from a response of the Speaker to a
parliamentary inquiry. Volume V, section 6955, Volume VIII, section
3457.
Recognition to propound a parliamentary inquiry is within the
discretion of the Chair and may interrupt proceedings of high
privilege. Volume VI, section 541.
The reading of the Journal may be interrupted by a parliamentary
inquiry. Volume VI, section 624.
The roll call may not be interrupted for a parliamentary inquiry.
Volume VIII, section 3132.
During the reading of a bill for amendment in Committee of the Whole,
it is not in order to interrupt the reading of a paragraph or section
with a parliamentary inquiry. Volume VIII, section 2873.
A Member may not prefer a parliamentary inquiry while another Member is
in possession of the floor. Volume VIII, section 2455.
A Member who had risen and was demanding recognition is not precluded
from making the point of no quorum by the fact that the Speaker had in
the meantime declared the result and recognized him for a parliamentary
inquiry. Volume VI, section 698.
A Member is rising to make a parliamentary inquiry may not under that
guise offer a motion to strike out the enacting clause, but must have
the floor in his own right for that purpose. Volume VIII, section 2625.
PARLIAMENTARY INQUIRY--Continued.
A point of order as to the competency or meaning of an amendment does
not constitute a parliamentary question. Volume VI, section 254.
PARLIAMENTARY LAW.
(1) References to, as a guide.
(2) Procedure under, before adoption of rules.--In general.
(3) Procedure under, before adoption of rules.--Motion for previous
question.
(4) Procedure under, before adoption of rules.--Motion to lay on the
table.
(5) Procedure under, before adoption of rules.--Motion to fix the day
to which the House shall adjourn.
(6) Procedure under, before adoption of rules.--Motion to rescind.
(7) Procedure under, before adoption of rules.--Special orders.
(8) Procedure under, before adoption of rules.--In debate.
(9) As to contempts and investigations.
(10) In general.
(1) References to, as a Guide.
References to the precedents of Parliament. Volume II, sections 1622,
1633, Volume IV, section 3334. Volume V, section 6120.
An instance wherein the precedents of Parliament were invoked and
discussed. Volume III, section 1727.
Reference to the parliamentary law as a guide, not as a rule. Volume
III, section 2660.
Reference to the force which should be given to the law of Parliament
by the House of Representatives. Volume I, section 757.
Instance wherein the House has abandoned a usage of Parliament as
inapplicable to exiting conditions. Volume V, section 6727.
The House very early found the law of Parliament inapplicable in the
case of a resignation. Volume II, section 1230.
The House has long since discarded the use of the parliamentary motion
to proceed to the orders of the day. Volume V, section 5301.
The old rule of Parliament that none but those friendly to a bill
should be of the committee and the practice of party representation on
the standing committees of the House (foot-note). Volume IV, section
4477.
Jefferson's summary of the privileges of members of Parliament. Volume
III. section 2668.
The House is governed by the rules of Jefferson's Manual in all cases
in which they are applicable and in which they are not inconsistent
with the standing rules and orders of the House. Volume V, section
6757. Volume VII, section 1029.
Jefferson's Manual and Hinds' Precedents are cited by the Supreme Court
as authorities in parliamentary procedure. Volume VI, section 343.
Discussion of the authority and importance of Jefferson's Manual in the
law of the House. Volume VII, section 1049.
Although not formally adopted as a part of the rules of the Senate,
Jefferson's Manual has been cited as authoritative in Senate decisions
on parliamentary procedure. Volume, VIII, section 2517.
Discussion of the importance of Jefferson's Manual as an authority in
congressional procedure. Volume VIII, section 2518.
(2) Procedure Under, Before Adoption of Rules.--In General.
Before the adoption of rules the House proceeds under general
parliamentary law. Volume VIII, section 3383.
Before the adoption of rules, the House proceeds under general
parliamentary law, founded on Jefferson's Manual and modified by the
practice of American legislative assemblies, especially of the House of
Representatives. Volume V, sections 6761-6763.
PARLIAMENTARY LAW--Continued.
(2) Procedure Under, Before Adoption of Rules.--In General--Continued.
Before the adoption of rules, while the House is proceeding under
general parliamentary law, the provisions of the House's accustomed
rules are not necessarily followed. Volume V, section 5509.
Before rules are adopted the House is governed by general,
parliamentary law, but the Speakers have been inclined to give weight
to the precedents of the House in modifying the usual constructions of
that law. Volume V, sections 6758-6760.
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.
Reference to the rules and practices of the House as persuasive
authority on general parliamentary law. Volume V, section 5604.
Under the common parliamentary law amendments need not be germane.
Volume V, section 5825.
Before the adoption of rules, while the House was acting under the
general parliamentary law, it was held that the right to demand tellers
did not exist. Volume V, section 6002.
A call of the House is in order, both under the general parliamentary
law and the Constitution. Volume IV, section 2981.
A motion to reconsider the vote by which the House had a question of
parliamentary procedure was held not to be in order. Volume VIII,
section 2776.
When the House is proceeding under general parliamentary law the
Speaker is constrained to recognize any Member presenting a privileged
motion. Volume VIII, section 3383.
While the House is governed by general parliamentary usage prior to the
adoption of rules, the Speakers have been inclined to give weight to
the precedents of the House in the interpretation of that usage. Volume
VIII, section 3384.
Prior to the adoption of rules the House proceeds under general
parliamentary law, but the Speaker has followed as closely as
practicable the customs and practices of the House under former rules.
Volume VIII, section 3386.
(3) Procedure Under, Before Adoption of Rules.--Motion for Previous
Question.
Before the adoption of rules, while the House proceeds under general
parliamentary law, the motion for the previous question is admissible.
Volume V, section 5450.
Before the adoption of rules the previous question has been admitted,
although in the earlier practice it was conceived to differ somewhat
from the previous question of the rules. Volume V, sections 5451-5455.
Before the adoption of rules the motion to commit has been admitted
after the ordering of the previous question. Volume V, section 6758.
While the House was proceeding under general parliamentary law a motion
to commit a pending resolution was admitted after the previous
questions had been ordered on the adoption of the resolution. Volume
VIII, section 3384.
Before the adoption of rules, while the House was acting under general
parliamentary law, it was held that the motion to commit was in order
pending the motion for the previous question or after it had been
ordered on a resolution. Volume V, section 5604. Volume VIII, section
2755.
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.
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.
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 matter. Volume V, section 5445.
PARLIAMENTARY LAW--Continued.
(4) Procedure Under, Before Adoption of Rules.--Motion to Lay on the
Table.
The motion to lay on the table is admitted under general parliamentary
law. Volume V, section 5390.
Under the general parliamentary law the motion to lay on the table is
used merely to put aside a matter which may be called for at any time.
Volume V, section 5389.
The motion to lay on the table an appeal from a decision of the Chair
may be made under general parliamentary law before the adoption of
rules. Volume V, section 5440.
(5) Procedure Under, Before Adoption of Rules.--Motion to Fix the Day
to Which the House Shall Adjourn.
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.
(6) Procedure Under, Before Adoption of Rules.--Motion to Rescind.
Under the general parliamentary law, before the adoption of rules, the
motion to rescind is used. Volume V, section 5324.
As to the repetition of the motion to rescind under general
parliamentary law. Volume V, section 5325.
(7) Procedure Under, Before Adoption of Rules.--Special Orders.
Before the adoption of rules, and consequently before there is a rule
prescribing an order of business, a Member may offer for immediate
consideration a special order. Volume V, section 5450.
While the House was proceeding under general parliamentary law, before
rules had been adopted, a Member offered from the floor a special order
for the consideration of a bill. Volume V, section 4971.
(8) Procedure Under, Before Adoption of Rules.--In Debate.
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.
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.
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.
(9) As to Contempts and Investigations.
Discussion of the right of the House to punish for contempt, with
references to English precedents. Volume III, section 1667.
Reference to English precedents as to power to punish for contempts.
Volume II, section 1627.
Argument that the parliamentary law as to contempt does not apply to
the House. Volume II, section 1619.
References to English precedents in the Kilbourn case. Volume II,
section 1611.
In a debate as to the right of the House to compel the attendance of
witnesses for a legislative inquiry the precedents of Parliament were
considered. Volume III, sections 1816-1820.
The parliamentary law as to the examination of witnesses. Volume III,
section 1768.
The rule of Parliament relating to members implicated by testimony
discussed, but not applied. Volume III, section 1844.
A modification of the rule of Parliament in reference to the
communication of testimony. Volume III, section 1851.
PARLIAMENTARY LAW--Continued.
(10) In General.
The parliamentary method of raising a committee to investigate an
alleged error in the Journal has not been utilized. Volume IV, section
2809.
A motion to suspend the rules applies to the parliamentary law of
Jefferson's Manual as well as to the rules of the House. Volume V,
section 6796.
The object of a parliamentary body is action, not stoppage of action,
and the methods of procedure may not be used to stop legislation.
Volume V, section 5713.
The rights and prerogatives of a Delegate in parliamentary matters are
not limited to legislation affecting his own territory. Volume VI,
section 240.
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.
It is permissible, however, in discussing questions of order to refer
to parliamentary decisions of the Senate. Volume VIII, section 2518.
PARNELL.
At a special session of the House Charles Stuart Parnell was introduced
by the Speaker and addressed the House. Volume V, section 7084.
PARRETT
The Indiana election case of Posey v. Parrett in the Fifty-first
Congress. Volume II, section 1029.
PARSONS.
The Virginia election case of Parsons v. Saunders, in the Sixty-first
Congress. Volume VI, section 53.
PARTIES. See also ``Caucus.''
(1) In the House.--Seating of.
(2) In the House.--Member of minority rarely called to the chair.
(3) In the House.--Representation on Committees.
(1) In the House.--Seating of.
Precedents as to drawing of seats where a large portion of the majority
is to be accommodated on the minority side of the main aisle. Volume I,
section 121.
(2) In the House.--Member of Minority Rarely Called to the Chair.
In rare instances Members of the minority party have been called to the
chair by the Speaker. Volume III, section 2596.
In rare instances in the later practice Members of the minority party
have been called to preside in the Committee of the Whole or as Speaker
pro tempore. Volume II, section 1382.
Instance wherein a Member of the minority party was designated as
Speaker pro tempore for an occasion of ceremony. Volume II, section
1383.
A Member of the minority party is sometimes designated as Speaker pro
tempore on formal occasions. Volume VI, section 270.
In the earlier practice a Member of the minority party was sometimes
named as Speaker pro tempore. Volume II, sections 1390, 1391.
Instance where in one not a member of the majority party was called to
preside in the Committee of the Whole. Volume VI, section 264.
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.
(3) In the House.--Representation on Committees.
The old rule of Parliament that none but those friendly to a bill
should be of the committee, and the practice of party representation on
the standing committees of the House (footnote). Volume IV, section
4477.
PARTIES--Continued.
(3) In the House.--Representation on Committees--Continued.
The ratios of majority and minority representation on the committees is
determined by the Speaker (footnote). Volume IV, section 4477.
The ratio between the majority and minority parties on the standing
committees varies with the respective membership of the parties in the
House, and is fixed by the majority committee on committees. Volume
VIII, section 2187.
It is the usage to carry out the principle of majority and minority
representation in appointing subcommittees. Volume VI, section 4551.
A Member of the minority party offered the resolution relating to the
death of President Taylor. Volume V, section 7177.
In appointing a committee to officiate at the administration of the
oath to President Fillmore the Speaker selected the majority, including
the chairman, from the political party of the President, which was the
minority part of the House. Volume III, section 1997.
The Senate constituted its committee to officiate at the administration
of the oath to President Fillmore with a majority from the minority
side of the Chamber. Volume III, section 1997.
In the allotment of committee assignments the party in control is
termed the majority and all the other parties constitute the minority.
Volume VIII, section 2184.
A Member of the minority party on a committee is sometimes ordered to
make the report. Volume IV, section 4672. Volume VIII, section 2314.
Instance in the Senate wherein a member of the minority portion of a
committee was directed by major vote of the committee to report a bill.
Volume IV, section 4673.
Instance wherein the Senate managers of a conference were appointed
entirely from the majority party, members of the minority having
declined to serve. Volume V, section 6337.
PARTY ORGANIZATION. See ``Caucus.''
PASSAGE OF BILLS.
The rule for the reading, engrossment, and passage of bills. Volume IV,
section 3391.
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 VIII, section 3172.
The Clerk is required to certify to the passage of all bills and joint
resolutions. Volume I, section 251.
When one House recedes from its amendment to a bill of the other, the
bill is thereby passed, if there be no other point of difference as to
the bill. Volume V, section 6312.
Where one House recedes from its amendment to a bill after the other
has concurred in the amendment with an amendment, agreement has not
been reached and the bill is not psssed. Volume VIII, section 3177.
A bill passed by both Houses during an interim session and presented to
the President less than 10 days before adjournment of the session, but
neither signed by the President nor returned without his signature,
does not become a law. Volume VII, section 1115.
PASSED OVER WITHOUT PREJUDICE.
Interpretation of the term ``without prejudice'' with reference to
bills passed over on a call of the calendar. Volume VI, section 755.
The House has decided that requests to have a bill ``passed over
without prejudice'' may be entertained before debate has begun but not
thereafter. Volume VII, section 996.
A bill on the Consent Calendar, ``passed over without prejudice,'' goes
to the foot of the calendar. Volume VII, section 997.
A bill passed over without prejudice on a call of the Consent Calendar
requires but one objection when next reached. Volume VII, section 1000.
A bill passed over ``without prejudice'' on call of committees retains
its status on the calendar and is in order for consideration when the
committee reporting it is again called. Volume VI, section 755.
PASSPORTS.
Mere authority conferred by law to issue passports was held not to
authorize creation of a bureau for that purpose. Volume VII, section
1249.
PATENTS, COMMITTEE ON.
The creation and history of the Committee on Patents. Section 28 of
Rule XI. Volume IV, section 4254.
Recent history of the Committee on Patents, section 23 of Rule XI.
Volume VII, section 1983.
The rule gives to the Committee on Patents jurisdiction of subjects
relating ``to patents, copyrights, and trade-marks.'' Volume IV,
section 4254.
The subjects of patent law, jurisdiction of courts in patent cases, the
Patent Office, including a building therefor, have been considered by
the Committee on Patents. Volume IV, section 4255. Volume VII, section
1984.
The subject of an international patent conference was considered by the
Committee on Patents. Volume IV, section 4255.
Bills relating to the general subject of trade-marks, including
punishment for the counterfeiting thereof, have been considered by the
Committee on Patents. Volume IV, section 4256. Volume VII, section
1985.
The Committee on Patents has jurisdiction of general and special
legislation relating to copyright. Volume VII, section 1986.
The Committee on Patents has jurisdiction of general and special
legislation relating to copyrights, although its title to the
jurisdiction of international copyright is not entirely clear. Volume
IV, section 4257.
The Committee on the Judiciary has exercised jurisdiction over the
subject of international copyright, although the clearest title seems
to be with the Committee on Patents. Volume IV, section 4075.
The subject of a court of patent appeals has been within the
jurisdiction of the Committee on the Judiciary. Volume IV, section
4075.
PATRONAGE.
The patronage of the House is distributed through a patronage committee
nominated by the committee on committees and elected by the majority
caucus. Volume VIII, section 3627.
The patronage of the House, exclusive of the committee assignments, is
divided as equitably as may be among the majority members exclusive of
chairmen, the amount assigned to the individuals member varying with
the size of the party majority. Volume VIII, section 3627.
The patronage of the House is distributed through a patronage committee
nominated by the committee on committees and elected by the majority
caucus. Volume VIII, section 3627.
Chairmen of committees control the patronage of their respective
committees and do not participate in the general distribution. Volume
VIII, section 3627.
PATTERSON, David T.
Question as to qualifications of. Volume I, section 453.
PATTERSON, ELECTION CASES OF.
The Colorado election case of Patterson and Belford in the Forty-fifth
Congress. Volume I, sections 523, 524.
The Tennessee election case of Patterson v. Carmack in the Fifty-fifth
Congress. Volume II, sections 1104, 1105.
The South Carolina election case of Myers v. Patterson in the Fifty-
ninth Congress. Volume II, section 1135.
The South Carolina election cases of Dantzler v. Lever, Prioleau v.
Legare, and Myers v. Patterson in the Sixtieth Congress. Volume VI,
section 122.
PATTERSON, ELECTION CASES OF--Continued.
The South Carolina election cases of Richardson v. Lever, Prioleau v.
Legare, and Myers v. Patterson, in the Sixty-first Congress. Volume VI,
section 128.
PATTON.
The Delaware election case of Latimer v. Patton in the Third Congress.
Volume I, section 758.
PAUL.
The Virginia election case of O'Ferrall v. Paul in the Forty-eighth
Congress. Volume II, section 985.
The Virginia election case of Paul v. Harrison in the Sixty-seventh
Congress. Volume VI, section 158.
PAUPERS.
The study of criminal, pauper, and defective classes is a subject under
jurisdiction of the Committee on the Judiciary. Volume VII, section
1756.
PAY.
(1) Of Members.--Rate of, mileage, and stationery.
(2) Of Members.--Certification and disbursement of.
(3) Of Members.--Deductions of absence.
(4) Of Members.--Questions arising as to vacancies and terms of
service.
(5) Of Officers and employees.
(6) In general.
(1) Of Members.--Rate of, Mileage, and Stationery.
Rate and method of payment of compensation and mileage of Speaker and
Members. Volume II, section 1148.
The statutes provide for Members a mileage of 20 cents a mile going to
and coming from each regular session of Congress. Volume II, section
1158.
The law relating to Mileage of Members applies only to the regular
sessions of Congress. Volume II, section 1159.
An appropriation for mileage of Members at a regular session is
authorized by law, although mileage may have been appropriated for a
preceding special session. Volume II, section 1160.
Citation of statutes relating to the pay and mileage of Members. Volume
II, section 1160.
Each Member is allowed $125 annually for stationery and the Clerk
maintains a stationery room for supplying articles. Volume II, sections
1161, 1162.
Passage by the House of resolution authorizing payments of salaries of
Members accepting commissions in the Army. Volume VI, section 61.
(2) Of Members.--Certification and Disbursement of.
The Speaker during sessions and the Clerks during recess of Congress
certifies to the compensation of Members and the Speaker certifies as
to mileage. Volume II, section 1156.
Certificates of salary and mileage of Members may be signed for the
Speaker by a designated employee. Volume II, section 1157.
The Sergeant-at-Arms disburses the pay and mileage of Members and
delegates. Volume I, section 257.
(3) Of Members.--Deductions for Absence.
The statutes provide for deductions by the Sergeant-at-Arms from the
pay of a Member or Delegate who is absent from his seat without a
sufficient excuse. Volume II, section 1150.
The pay of a Member may be deducted on account of absence. Volume II,
section 1153.
The statutes provide that a Member of Delegate withdrawing from his
seat before the adjournment of a Congress shall suffer deductions from
his compensation. Volume II, section 1149.
PAY--Continued.
(3) Of Members.--Deductions for Absence--Continued.
Instance wherein deductions were made from the salaries of Members
because of absence (footnote). Volume IV, section 3011.
The House has decided that the law relating to deductions from the pay
of Members applies only to those who have taken the oath. Volume II,
section 1154.
The House has by resolution directed the enforcement of the statutes
providing for deductions by the Sergeant-at-Arms from the pay of
Members and Delegates absenting themselves without leave. Volume VI,
section 30.
A quorum not being present, a resolution directing the enforcement of
the statute relating to deductions from the pay of Members is not in
order as a measure to compel the attendance of absentees. Volume IV,
section 3011.
It was held in 1894 that the act of the Sergeant-at-Arms, in pursuance
of the law for deductions of Members' salaries for absence, might not
be renewed on the floor as a question of privilege. Volume III, section
2690.
(4) Of Members.--Questions Arising as to Vacancies and Terms of
Service.
Conclusion of law as to the time of beginning of compensation of a
Member elected to fill a vacancy. Volume I, section 500.
A Member-elect who held a commission in the Army and had not taken the
oath or his seat in the House having resigned, a question arose as to
when the compensation of his successor should begin. Volume I, section
500.
The question relating to the compensation and term of service of
Charles H. Page in the Forty-ninth Congress. Volume II, section 1206.
The question relating to the compensation of Ernest M. Pollard in the
Fifth-ninth Congress. Volume II, section 1155.
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.
(5) Of Officers and Employees.
The Clerk is required to pay the officers and employees of the House on
the last secular day of each month. Volume I, section 251.
The Clerk is required to pay the officers and employees of the House on
the first secular day of each month. Volume VI, section 27.
The House has insisted on its right to determine the compensation of
its own officers and employees. Volume V, sections 7241, 7242.
Extra services of employees are properly compensated under authority of
a resolution agreed to by the House. Volume V, section 7238.
In case of a month's extra pay an employee having an annual salary is
entitled to one-twelfth of the sum of that salary. Volume V, section
7229.
An appropriation to give employees of the House a month's pay in
addition to the annual salary is not in order on an appropriation bill.
Volume VII, section 1310.
An ordinary appropriation for session employees is not available at an
extra session. Volume V, section 7231.
Decision as to per diem employees in case of an appropriation for a
longer time than their actual employment. Volume V, section 7230.
The representatives of an employee deceased before the passage of an
act granting a month's extra pay are not entitled to what would be paid
to the employee were he alive. Volume V, section 7228.
Reference to statutes fixing the pay of session clerks of committees
(footnote). Volume IV, section 4535.
A session clerk is entitled to compensation only from the date when he
enters upon the discharge of his duties with the committee. Volume IV,
section 4536.
PAY--Continued.
(5) Of Officers and Employees--Continued.
A clerk of a committee who ceased to hold office on December 21 was
held not to be entitled to the salary for the remainder of the month
under the terms of a resolution directing the payment of salaries of
employees for that month on the 20th. Volume IV, section 4537.
The clerk of a committee being appointed a postmaster was held to be
entitled to his salary as clerk until his successor was appointed,
although his salary as postmaster had already begun. Volume IV, section
4538.
The statute prohibiting payment of two or more salaries exceeding
$2,000 per annum in the aggregate applies to clerks to members. Volume
VI, section 210.
Payment of clerk hire from lump sum appropriations to persons carried
on the rolls in another capacity is additional compensation and
prohibited by law. Volume VI, section 210.
(6) In General.
A resolution providing compensation for a Territorial agent not having
a seat on the floor does not present a question of privilege. Volume
III, section 2596.
The rule gives to the several committees on expenditures jurisdiction
of the pay of officers, abolition of useless offices, and the economy
and accountability of officers. Volume IV, section 4315.
The Committee on Printing has exercised an infrequent jurisdiction as
to the pay of employees at the Government Printing Office. Volume IV,
section 4348.
The rules provide for the rate of compensation of witnesses summoned to
appear before the House or either of its committees. Volume III,
section 1825.
PAY ROLLS
The officers of the House, except the Speaker, are required to make
monthly certificates as to the presence of the employees on their pay
rolls. Volume V, section 7233.
PAYNE, ELECTION, CASE OF.
The Senate election case of Henry B. Payne, from Ohio, in the Forty-
ninth Congress. Volume I, section 691.
PAYNE, SERENO E., Of New York, Speaker Pro Tempore and Chairman.
Decisions on questions of order relating to--
Amendments between the Houses. Volume V, section 6171.
Amendments germane. Volume V, sections 5902, 5910, 5914.
Amendments not germane. Volume V, sections 5830, 5850, 5907.
Appeals. Volume V, section 5239.
Appropriation bills. Volume IV, section 4035.
Appropriations for salaries. Volume IV, sections 3676, 3681, 3699,
3878.
Authorization of appropriations. Volume IV, sections 3600, 3614, 3624,
3643, 3654, 3655.
Call of the House. Volume IV, sections 3001, 3012, 3028, 3051.
Committee of the Whole. Volume IV, sections 3139, 4711, 4755, 4759,
4765, 4775, 4776, 4777.
Continuation of a public work. Volume IV, sections 3702, 3719, 3738,
3745, 3806.
Debate. Volume V, sections 5109, 5141.
Deficiency appropriations. Volume IV, section 3564.
Dilatory motions. Volume V, section 5725.
Division of the question. Volume VIII, section 2275.
Enacting clause, motion to strike out. Volume V, section 5332.
Five-minute debate. Volume V, sections 5245, 5247, 5248, 5250, 5253.
General debate. Volume V, sections 5212, 5239.
Jurisdiction of committees. Volume IV, sections 4037, 4384, 4385.
Legislation on appropriation bills. Volume IV, section 3812, 3861,
3863, 3876, 3883, 3932, 3938.
PAYNE, SERENO E., of New York, Speaker Pro Tempore and Chairman--
Continued.
Decisions on questions of order relating to--Continued.
Limitations on appropriation bills. Volume IV, sections 3939-3941,
3942, 3989, 3991, 3995, 4006, 4015.
Motion to recede. Volume V, section 6223.
Order of business. Volume IV, section 4735.
Pairs. Volume V, section 5984.
Previous question. Volume V, section 5476.
Points of order. Volume IV, section 3284. Volume V, sections 6886,
6895, 6906, 6908, 6925.
Quorum. Volume IV, section 2928.
Reading of papers. Volume V, section 5291.
Recognition. Volume V, section 6946.
Rules. Volume IV, section 4908.
Yeas and nays. Volume IV, section 2907. Volume V, section 6025.
PAYSON, LEWIS E., of Illinois, Speaker Pro Tempore and Chairman.
Decisions on questions of order relating to--
Appropriations for salaries. Volume IV, sections 3677-3679.
Authorization of appropriations. Volume IV, sections 3635, 3781.
Call of the House. Volume IV, sections 2993, 3015.
Committee of the Whole. Volume IV, sections 3131, 4815.
Committees on appropriations. Volume IV, section 4042.
Continuation of a public work. Volume IV, section 3709.
Engrossed bills. Volume IV, section 3428.
Five-minute debate. Volume V, section 5243.
Journal. Volume III, section 2620.
Jurisdiction of committees. Volume IV, section 4372.
Leave of absence. Volume IV, section 3004.
Limitations on appropriations (footnote). Volume IV, section 3936.
Personal privilege. Volume V, section 5075.
Point of order. Volume V, section 6907.
Privilege. Volume III, section 2540.
Privileged reports. Volume IV, section 4636.
Quorum. Volume IV, sections 2908, 2976, 2994, 3011.
Refer, motion to. Volume V, section 5532.
Yeas and nays. Volume V, section 6023.
Yielding the floor. Volume V, section 5039.
PEACE.
After their affray on the floor Messrs. Lyon and Griswold were required
to pledge themselves before the Speaker to keep the peace during the
session. Volume II, section 1643.
Resolutions of intervention abroad and declarations of war and peace
are within the jurisdiction of the Committee on Foreign Affairs. Volume
VII, section 1880.
Legislation tending to promote peace and discourage war has been
considered by the Committee on Military Affairs. Volume VII, section
1894.
PEARCE.
The Colorado election case of Pearce v. Bell in the Fifty-fourth
Congress. Volume II, section 1073.
PEARSON.
The North Carolina election case of Pearson v. Crawford in the Fifty-
sixth Congress. Volume II, sections 1112, 1113.
PECK.
The impeachment and trial of James H. Peck, United States Judge for the
district of Missouri. Volume III, sections 2364-2384.
Instance wherein during an impeachment trial the respondent personally
examined a witness. Volume III, section 2280.
During the Peck impeachment trial the respondent assisted his counsel
in examining witnesses, in argument on incidental questions, etc.
Volume III, section 2149.
PEDDY.
The Senate election case of Peddy v. Mayfield in the Sixty-eight
Congress. Volume VI, section 165.
PEELLE.
The Indiana election case of English v. Peelle in the Forty-eight
Congress. Volume II, section 990.
PENALTIES.
The subjects of tonnage taxes and fines and penalties on vessels are
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4131.
The subjects of criminals, crimes, penalties, and extradition are
within the jurisdiction of the Committee on the Judiciary. Volume IV,
section 4069.
Jurisdiction of legislation providing penalties for commercial bribery
and other corrupt trade practices belongs to the Committee on the
Judiciary. Volume VII, section 1754.
Legislation relating to national banks, including bills granting
charters to such banks, and providing penalties for their
mismanagement, is within the jurisdiction of the Committee on Banking
and Currency. Volume VII, section 1790.
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.
Provisions for assessment and remission of punishments and penalties in
connection with crimes and offenses against the mail service have been
reported by the Committee on the Post Office and Post Roads, Volume
VII, section 1920.
Bills authorizing punishments and penalties when provided for offenses
relating to the administration of the lands of the public domain have
been reported by the Committee on the Public Lands. Volume VII, section
1929.
The relief of Government employees for losses sustained by reason of
unmerited discharge or the undeserved infliction of penalties is a
subject within the jurisdiction of Committee on Claims. Volume VII,
section 1995.
PENDING AMENDMENTS.
A committee of the whole ordinarily reports only such amendments as it
has agreed to, but posed of when it rises. Volume IV, section 3225-
3228.
When a special order directs a committee of the whole to report
``pending amendments,'' this does not include an amendment only
partially read when the Committee of the Whole rises. Volume IV,
section 3229.
Where a special order provided for a vote on an amendment at a
designated time the Chairman at the time put the question, and pending
amendments to the amendment were not acted upon. Volume VI, section
795.
PENDLETON.
The West Virginia election case of Atkinson v. Pendleton in the Fifty-
first Congress. Volume II, section a1020, 1021.
PENITENTIARIES.
The management of national penitentiaries and the authorization of
buildings therefor are within the jurisdiction of the Committee on the
Judiciary. Volume IV, section 4070.
PENNINGTON, WILLIAM, of New Jersey, Speaker.
Decisions on questions of order relating to--
Adjournment. Volume V, section 6702.
Amendment not germane. Volume V, section 5876.
Committee service. Volume IV, section 4493.
Communications. Volume V, section 6656.
Disorder. Volume II, section 1351.
Division of question. Volume V, section 6109.
Electoral vote. Volume III, section 2574.
Instructions to committees. Volume V, section 5544.
Organization. Volume I, sections 240, 243.
Personal privilege. Volume III, section 2724.
Point of order. Volume V, section 6918.
Privileged reports. Volume IV, section 3144.
Reading of papers. Volume V, section 5284.
Recognition. Volume II, section 1433, 1434.
Rules. Volume I, section 245.
Suspension of the rules. Volume V, section 6855.
Voting. Volume IV, section 2830.
PENNSYLVANIA.
In 1877 an objection was made that one of the electors of Pennsylvania
was illegally appointed, but the vote was counted. Volume III, section
1976.
Interpretation of the corrupt practices at Pennsylvania. Volume VI,
section 98.
House election cases from:
Fourth Congress.--David Bard. Volume I, section 764.
Fourth Congress.--Morris v. Richards. Volume I, section 554.
Eighth Congress.--John Hoge. Volume I, section 517.
Nineteenth Congress.--John Sergeant. Volume I, section 555.
Twenty-sixth Congress.--Ingersoll v. Naylor. Volume I, section 803,
804.
Thirty-first Congress.--Little v. Robbins, jr. Volume I, section 820.
Thirty-second Congress.--Wright v. Fuller. Volume I, sections 821, 822.
Thirty-seventh Congress.--Kline v. Verree. Volume I, section 727.
Thirty-seventh Congress.--Kline v. Verree. Volume II, section 848.
Thirty-seventh--Butler v. Lehman. Volume II, section 847.
Thirty-eighth Congress.--Carrigan v. Thayer. Volume I, section 712.
Thirty-eighth Congress--Kline v. Myers. Volume I, section 723.
Thirty-ninth Congress.--Koontz v. Coffroth and Fuller v. Dawson. Volume
I, sections 556-558.
Forty-first Congress.--Covode v. Foster. Volume I, sections 559-562.
Forty-first Congress.--Myers v. Moffet. Volume II, section 874.
Forty-first Congress.--Taylor v. Reading. Volume II, section 876.
Forty-second Congress.--Cessna v. Myers. Volume II, sections 885, 886.
Forty-sixth Congress.--Curtin v. Yocum. Volume II, sections 939-941.
Fifty-second Congress.--Craig v. Stewart. Volume II, section 1041.
Fifty-second Congress.--Greevy v. Scull. Volume II, section 1044.
Fifty-second Congress.--Reynolds v. Shonk. Volume I, section 682.
Fifty-fifth Congress.--Hudson v. McAleer. Volume I, section 722.
Fifty-eighth Congress.--Connell v. Howell. Volume II, sections 1130,
1131.
Sixty-second Congress.--Mclean v. Bowman. Volume VI, section 98.
Sixty-second Congress--Wise v. Crago. Volume VI, section 99.
Sixty-second Congress--Hawkins v. McCreary. Volume VI, section 111.
Sixty-second Congress--Bonniwell v. Butler,. Volume VI, section 136.
Sixty-sixth Congress.--Farr v. McLane. Volume VI, section 75.
PENNSYLVANIA--Continued.
House election cases from--Continued.
Sixty-seventh Congress.--John P. Bracken. Volume VI, section 152.
Sixty-ninth Congress.--Bailey v. Walters. Volume VI, section 166.
Seventieth Congress.--James M. Beck. Volume VI, section 174.
Seventy-second Congress.--Kent v. Coyle. Volume VI, section 187.
Senate election case from:
Thirty-fourth Congress.--Simon Cameron. Volume I, section 688.
Seventieth Congress.--William B. Wilson v. Williams S. Vare. Volume VI,
section 180.
PENSIONER.
A Member having been a pensioner of a foreign government, the House
considered his case and declared him entitled to his seat, but declined
to affirm that he was qualified. Volume I, section 442.
PENSIONS.
The rule gives to the Committee on Pensions jurisdiction of matters
relating ``to the pensions of all the wars of the United States other
than the civil war.'' Volume IV, section 4260.
The rule gives to the Committee on Invalid Pensions jurisdiction as
``to the pensions of the civil war.'' Volume IV, section 4258.
A bill for the payment or adjudication of any private claim against the
Government must be referred to one of these committees--Claims, War
Crimes, Private Land Claims, Pensions, Invalid Pensions, Accounts.
Volume IV, section 4380.
A bill for the payment or adjudication of any private claim against the
Government must be referred to one of these committees: Invalid
Pensions, Pensions, Claims, War Claims, Public Lands, Accounts. Volume
VII, section 2129.
Bills relating to pensioners' oaths and fraudulent claims have been
reported by the Judiciary Committee. Volume IV, section 4074.
The Committee on Invalid Pensions reports general and special bills
authorizing payments of pensions to soldiers of the civil war, but the
actual appropriations therefor are reported by the Committee on
Appropriations. Volume IV, section 4259. Volume VII, section 1988.
The Committee on Pensions reports general and special bills authorizing
the payment of pensions, but the actual appropriations are reported by
the Committee on Appropriations. Volume IV, section 4261. Volume VII,
section 1990.
The Appropriations Committee reports the appropriations for
fortifications and coast defenses, the District of Columbia, and
pensions. Volume IV, section 4032.
Revenue and general appropriation bills, river and harbor bills,
certain bills relating to the public lands, for the admission of new
States, and general pension bills may be reported at any time. Volume
IV, section 4621. Volume VIII, section 2251.
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.
A provision increasing the number of persons who would be entitled to
receive pensions should receive consideration in Committee of the
Whole. Volume IV, section 4849.
The Committee of the Whole has decided that a bill to pension a
battalion of soldiers should be treated as a private bill. Volume IV,
section 3293.
A bill indirectly conferring a pensionable status is in order on a day
set apart under the rule for the consideration of private pension
bills. Volume VII, section 850.
Private bills and joint resolutions, and amendments thereto, carrying
appropriations within the limits of the jurisdiction of the Committees
on Invalid Pensions, Pensions, Claims, War Claims, Public Lands and
Accounts, do not fall within the rule forbidding consideration of items
proposing appropriations in connection with bills reported by non-
appropriating committees. Volume VII, section 2134.
PENSIONS--Continued.
The term ``general pension bills'' is construed to refer to bills or
legislation general in character as distinguished from bills or
legislation of a private character or bills restricted in their purpose
or effect. Volume VIII, section 2291.
General pension bills reported by the Committee on Invalid Pensions are
privileged for consideration at any time. Volume VIII, section 2291.
A bill authorizing monthly payment of pensions in lieu of quarterly
payments was classified as a general pension bill and held to be within
the privilege accorded the Committee on Invalid Pensions to report at
any time. Volume VIII, section 2291.
A privileged motion to proceed to the consideration of a general
pension bill reported by the Committee on Invalid Pensions is in order
on Friday as on other days. Volume VIII, section 2292.
A ``general'' pension bill was defined as a pension bill affecting a
class of proposed beneficiaries and not certain specific individuals.
Volume VIII, section 2292.
A bill to extend the provisions of pension law to State militia was
held to be a general pension bill and privileged when reported by the
Committee on Invalid Pensions. Volume VIII, section 2292.
While the Committee on Invalid Pensions is privileged to report at any
time on general pension bills, this right does not extend to the
Committee on Pensions. Volume VIII, section 2293.
PENSIONS, COMMITTEE ON.
The creation and history of the Committee on Pensions, section 29 of
Rule XI. Volume IV, section 4260.
Recent history of the Committee on Pensions, section 25 of Rule XI.
Volume VII, section 1989.
The rule gives to the Committee on Pensions jurisdiction of matters
relating ``to the pensions of all the wars of the United States other
than the civil war.'' Volume IV, section 4260.
The Committee on Pensions reports general and special bills authorizing
the payment of pensions, but the actual appropriations are reported by
the Committee on Appropriations. Volume IV, section 4261.
PEOPLE.
Resolutions of State legislatures and of primary assemblies of the
people are received as memorials. Volume IV, sections 3326, 3327.
On the occasion of the death of George Washington Congress requested
the people to hold public memorial meetings. Volume V, section 7181.
PEREA.
The election case of Gallegos v. Perea, from the Territory of New
Mexico, in the Thirty-eighth Congress. Volume I, section 728.
PERFECTING.
When it is proposed to amend by inserting a paragraph it should be
perfected by amendment before the question is put on inserting. Volume
V, section 5758.
When it is proposed to strike out a paragraph it should be perfected by
amendment before the question is put on striking out, although if the
motion to strike out fails amendments may still be offered. Volume V,
section 5758.
When it is proposed to perfect a paragraph the motions to insert or
strike out, if already pending, must remain in abeyance until the
amendments to perfect have been moved and voted on. Volume V, section
5758.
Both an original proposition and a proposed amendment in the nature of
a substitute may be perfected by amendments before the vote is taken on
the substitute. Volume V, section 5786.
PERFECTING--Continued.
An amendment in the nature of a substitute may be proposed before
amendments to the original text have been acted on, but may not be
voted on until such amendments have been disposed of. Volume V, section
5787.
A paragraph which proposes legislation in a general appropriation bill,
being permitted to remain, may be perfected by a germane amendment.
Volume VII, sections 1405. 1413, 1414, 1415, 1416.
A paragraph which proposes legislation in a general appropriation bill,
being permitted to remain, may be perfected in a germane amendment. But
this does not permit a amendment which adds additional legislation.
Volume VII, section 1425.
A paragraph changing existing law, being permitted to remain by general
consent, may be perfected by germane amendments which do not provide
additional legislation. Volume VII, section 1420.
An amendment perfecting a paragraph in an appropriation bill proposing
legislation but unobjected to is not in order if not germane or if
providing additional legislation. Volume VII, section 1435.
Paragraphs subject to a point of order and permitted to remain in the
bill may be perfected by germane amendment, but not by amendments
proposing additional legislation. Volume VII, section 1600.
It is not in order to demand a separate vote on perfecting amendments
incorporated in amendments adopted by the Committee of the Whole and
reported to the House. Volume VIII, section 2422.
If the Committee of the Whole perfect a bill by amendment and then
adopt a substitute for the entire bill, only the substitute is reported
to the House, and if the House rejects the substitute the original bill
without amendment is before the House. Volume VIII, section 2426.
A separate vote in the House on a perfecting amendment offered in the
Committee of the Whole and incorporated in an amendment reported to the
House is not in order and may be had only by unanimous consent. Volume
VIII, section 2427.
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.
While a motion to recommit with instructions to strike out an amendment
adopted by the House is not in order, a motion is admissible
accompanied by instructions striking out the text perfected by such an
amendment. Volume VIII, section 2698.
It is not in order to propose to recommit with instructions to perfect
an amendment previously agreed to by the House. Volume VIII, section
2724.
A motion to strike out a paragraph being pending, and the paragraph
then being perfected by an amendment in the nature of substitute, the
motion to strike out necessarily falls. Volume VIII, sections 2846,
2854.
After a vote to insert a proposition in a bill it is too late to
perfect the proposition by amendment. Volume VIII, sections 2852, 2857.
The motion to strike out and insert is a perfecting amendment and takes
precedence of a simple motion to strike out. Volume VIII, section 2849.
A perfecting amendment has precedence of a motion to strike out and
must be first voted on when both are pending, but a member recognized
on a motion to strike out may not be deprived of the floor by another
member proposing a perfecting amendment. Volume VIII, section 2860.
An amendment to perfect the pending section takes precedence of an
amendment offered as a new paragraph. Volume VIII, section 2868.
A motion proposing a substitute for a Senate amendment yields to a
motion for a perfecting amendment. Volume VIII, section 3184.
PERFECTING--Continued.
It is in order to perfect words proposed to be stricken out and a
perfecting amendment is admissible after debate on the motion to strike
out has begun. Volume VIII, section 2861.
An original proposition may be perfected by amendments before the vote
is taken on the substitute. Volume VIII, section 2894.
PERJURY.
Testimony given before a House or its committee may not be evidence
against the witness in any court, except in case of alleged perjury.
Volume III, section 1769.
The willful making of a false oath to statements required by the
corrupt practices act constitutes perjury. Volume VI, section 76.
In order to support a charge of perjury it must be shown that a quorum
of the committee of investigation was present at the time the offense
was committed. Volume VI, section 345.
PERKINS, BISHOP W., of Kansas, Speaker Pro Tempore.
Decision of question of order relating to privilege motions. Volume IV,
section 3073.
PERKINS, JAMES B., of New York, Chairman.
Decision on question of order relating to--
Amendment, germaneness of. Volume VIII, section 2927.
Appropriations. Volume VII, sections 1202, 1294, 1340, 1354, 1360,
1374, 1628. Volume VIII, section 2878.
Authorization for appropriations. Volume IV, section 3592.
PERKINS, ELECTION CASE OF.
The New Hampshire election case of Perkins v. Morrison in the Thirty-
first Congress. Volume I, section 311.
PERLMAN.
The New York election case of Sirovich v. Perlman, in the Sixty-ninth
Congress. Volume VI, section 169.
PERSHING.
Ceremonies at the joint session to receive General Pershing. Volume
VIII, section 3535.
PERSONAL EXPLANATION.
Personal explanations are allowed only by unanimous consent. Volume V,
section 5064. Volume VIII, section 2484.
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 having the floor to make a personal explanation may not be
interrupted while he keeps within parliamentary bounds. Volume V,
section 5066.
In the earlier practice of the House a Member having the floor for a
personal explanation was allowed the largest latitude in debate. Volume
V, sections 5067-5070.
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 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.
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.
The refusal of leave to make a personal explanation is not recorded in
the Journal, but as to the granting of such leave the practice is not
uniform. Volume IV, sections 2863, 2864.
PERSONAL INTEREST.
(1) Parliamentary law as to conduct of Member on question of.
(2) As affecting the right to vote.--In general.
(3) As affecting the right to vote.--In cases of censure or arrest.
(4) As affecting the right to vote.--On questions relating to title to
a seat.
(5) As affecting the right to vote.--In an impeachment trial.
(6) As affecting the right to vote.--Authority of Speaker in deciding
as to.
(2) As affecting the Speaker in presiding.
(1) Parliamentary Law as to Conduct of Member on Question of.
Provisions of the parliamentary law in cases when charges arise against
a Member from report of a committee or examination of witnesses in the
House. Volume II, section 1237.
The old parliamentary law as to withdrawal of a Member when business
concerning himself is debated or decided. Volume II, section 1237.
Instance wherein a Senator participated in debate on credentials of a
claimant for his seat. Volume I, section 491.
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.
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.
(2) As Affecting the Right to Vote.--In General.
Every Member shall be present and vote unless he have a direct personal
or pecuniary interest in the question. Volume V, section 5941.
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.
The House excused one of its Members from voting on any question
connected with the impeachment of a brother. Volume III, section 2294.
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.
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.
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.
The rule prohibiting Members from voting on questions affecting their
direct personal interest was held not to apply to votes on propositions
increasing the salaries of Members elect. Volume VIII, section 3073.
Instance wherein a Member submitted his resignation from a committee on
grounds of disqualifying personal interest. Volume VIII, section 3074.
(3) As Affecting the Right to Vote.--In Cases of Censure or Arrest.
On a resolution in the Senate censuring two Senators, the names of both
were called but neither voted. Volume II, section 1665.
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.
PERSONAL INTEREST--Continued.
(3) As Affecting the Right to Vote.--In Cases of Censure or Arrest--
Continued.
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 V, sections 5937-5940.
(4) As Affecting the Right to Vote.--On Questions Relating to Title to
a Seat.
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.
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.
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.
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.
(5) As Affecting the Right to Vote.--In an Impeachment Trial.
The doctrine of disqualifying personal interest as applied to a Senator
sitting in an impeachment trial. Volume III, section 2061.
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.
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.
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 Senator excused himself from participation in impeachment proceedings
on the ground of close personal relations with one of the managers for
the House, but on suggestion took the oath as a member of the court of
impeachment. Volume VI, section 546.
(6) As Affecting the Right to Vote.--Authority of Speaker in Deciding
as to.
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.
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.
An instance wherein the Speaker decided that a Member should not vote
because of disqualifying personal interest. Volume V, section 5958.
(7) As Affecting the Speaker in Presiding.
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.
PERSONAL INTEREST--Continued.
(7) As Affecting the Speaker in Presiding--Continued.
The Speaker of the House, being the Vice-Presidnet-elect, called a
Member to the chair durign discussion of a question relating to the
electoral count. Volume II, section 1365.
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.
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.
A newspaper having made certain charges against the official character
of the Speaker, he called a Member to the chair and moved an
investigation, which was voted. Volume II, section 1364.
The seat ofthe 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.
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 criticising his conduct as Speaker. Volume V, section 5158.
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.
PERSONS.
Witnesses are summoned in pursuance and by virtue of the authority
conferred on a committee to send for persons and papers. Volume III,
section 1750. Volume VI, section 394.
The House may confer upon the subcommittees of a committee the power to
send for persons and papers. Volume III, sections 1801, 2029. Volume
VI, section 376.
Forms of subpoena and compulsory process issued by House committee to
produce persons and papers for Blount impeachment. Volume III, sections
2038, 2039.
A committee of the whole charged with an investigation in 1792 was
given the power to send for persons and papers. Volume III, section
1804.
The Kansas Committee of 1856 was empowered to send for persons and
papers and to arrest and bring before the House any witnesses in
contempt. Volume II, section 1752.
A private bill is a bill for the relief of one or several specified
persons, corporations, institutions, etc., and is distinguished from a
public bill, which relates to public matters and deals with individuals
only by classes. Volume IV, section 3285.
The two Houses, by concurrent resolution, constituted a joint select
committee of investigation, with power to send for persons and papers
and sit during the recess of Congress. Volume VII, section 380.
Instance wherein a committee of investigation after being authorized to
send for persons and papers was further empowered to require witnesses
to testify. Volume VI, section 394.
Discussion of the power of the House to punish persons other than
Members for offenses affecting the dignity, orderly procedure, or
integrity of the House. Volume VI, section 398.
A subcommittee, with power to send for persons and papers, was sent to
Georgia to investigate the conduct of Judge Speer. Volume VI, section
527.
A committee was authorized to send for persons and papers and to
administer oaths in an investigation delegated to it by the House.
Volume VI, section 536.
PESTS.
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.
PETERS, ELECTION CASE OF.
The Kansas election case of Wood v. Peters in the Forty-eigth Congress.
Volume I, section 417.
PETERS, RICHARD
The investigation of the conduct of Richard Peters, United States
district judge for Pennsylvania, in 1804. Volume III, section 2342.
The House found that Judge Richard Peters had not so acted as to
require impeachment. Volume III, section 2343.
PETERS, SAMUEL R., of Kansas, Speaker Pro Tempore.
Decision on question of order relating to--
Recess. Volume V, section 6666.
PETITIONS.
(1) Right of petition.
(2) Who may be petitioners.
(3) Form of.
(4) Presentation of.--By Members.
(5) Presentation of.--By the Speaker.
(6) Reception or rejection of.
(7) Reference of.
(8) Journal entries as to.
(9) In general.
(1) Right of Petition.
References to discussions of the right of petition. Volume IV, section
3343.
Incidental discussion of the right of the House to decline to receive a
petition. Volume V, section 4964.
An attempt to censure a Member for presenting a petition alleged to be
treasonable failed after long debate. Volume II, section 1255.
The rule requiring petitions to be sent to the Clerk's desk is no
invasion of the constitutional right of petition. Volume IV, section
3314.
(2) Who May Be Petitioners.
A Member may himself be a petitioner. Volume IV, section 3329.
Petitions from Indians within the limits of the United States have been
received. Volume IV, section 3341.
Petitions from foreigners are properly transmitted through the
Executive. Volume IV, sections 3336-3340.
The House has usually refused to receive the petitions of the subjects
of a foreign power not residing in the United States. Volume IV,
sections 3330-3335.
Reference to Senate rule that no alien may offer a petition directly to
the Senate. Volume IV, section 3328.
While slavery existed the House declared that slaves did not posses the
right of petition. Volume IV, section 3342.
A proposition to censure a Member for presenting a petition purporting
to come from slaves failed after long discussion. Volume IV, section
3342.
(3) Form of.
Papers in the nature of petitions or memorials should be addressed to
the House, but may be received if addressed to the Representative when
the subject is already before the House. Volume IV, sections 3321,
3322.
An early requirement of the House was that a claimant should present a
petition signed by himself as the foundation for his claim. Volume IV,
section 3324.
The rule relating to the signing of petitions was formerly enforced
strictly by the Senate. Volume IV, section 3323.
PETITIONS--Continued.
(3) Form of--Continued.
Papers general or descriptive in form may not be presented to the House
as memorials. Volume IV, section 3325.
Resolutions of State legislatures and of primary assemblies of the
people are received as memorials. Volume IV, sections 3326, 3327.
A petitioner who preferred charges against a Federal judge furnished
the certificate of a notary to his signature (footnote). Volume III,
section 2030.
A question has arisen in the Senate as to whether or not a telegraphic
dispatch might be received as a memorial. Volume IV, section 3328.
(4) Presentation of.--By Members.
Petitions, memorials, and bills are introduced by the Member delivering
them to the Clerk. Volume IV, section 3364.
Petitions, memorials, and bills referred by delivery to the Clerk are
entered on the Journal and Record. Volume IV, section 3364.
A Member may present a petition from the people of a State other than
his own. Volume IV, sections 3315, 3316.
Origin of the order for the former call of States for petitions. Volume
IV, section 3313.
Two or more Members may not jointly introduce a bill, petition, or
resolution. Volume VII, section 1029.
(5) Presentation of.--By the Speaker.
Petitions, memorials, and other papers addressed to the House may be
presented by the Speaker as well as by a Member. Volume IV, section
3312.
The Speaker presents petitions from the country at large in the method
prescribed by the rule. Volume IV, section 3318.
Instance wherein the Speaker presented a petition in which were
preferred charges against a Federal judge. Volume III, section 2030.
Discussion of the duty of a presiding officer in relation to the
presentation of communications. Volume IV, section 3320.
The presentation of memorials addressed to the Speaker is within the
discretion of the Chair. Volume VII, section 1025.
(6) Reception or Rejection of.
Any petition or memorial of an obscene or insulting nature may be
returned by the Speaker to the Member presenting it for reference.
Volume IV, section 3364.
When petitions were presented in open House it was held that the
question of reception was at once pending. Volume IV, section 3350.
The question on reception being put, the House has frequently declined
to receive petitions which did not meet its approval. Volume IV,
sections 3351-3356.
For a time a rule was in force providing that no petition on a certain
subject should ``be received by the House or entertained in any way
whatever.'' Volume IV, sections 3347, 3348.
For a series of years the House adopted orders that all petitions on a
certain subject should be at once laid on the table without being read
or debated. Volume IV, sections 3344-3346.
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 portion of a petition, being in contravention of a rule, was laid on
the table, while the remainder was referred. Volume II, section 3358.
A motion to receive a petition being laid on the table, the petition
itself does not go to the table. Volume V, sections 5431-5433.
An instance wherein a memorial was returned to the memorialists. Volume
IV, section 3349.
The proper method of rejecting a petition is by refusal to refer rather
than by use of the question of consideration. Volume V, section 4964.
PETITIONS--Continued.
(7) Reference of.
A portion of a petition may be referred to one committee and the
remainder to another. Volume IV, sections 3359, 3360.
A bill may be originated by a committee having jurisdiction of the
subject by reference of a petition or by order of the house. Volume IV,
section 3365.
A committee may receive a petition only through the House. Volume IV,
section 4557.
Errors in the reference of petitions and private bills are corrected at
the Clerk's table, without action by the House, at the suggestion of
the committee having possession. Volume IV, section 4379.
A petition properly referred to a committee gives jurisdiction for
reporting a bill. Volume IV, section 4361.
(8) Journal Entries as to.
The Journal should record the name of the first signer of a petition,
the number of other signers, and the general place of their residences.
Volume IV, section 2857.
Memorials of State legislatures were for a time spread on the Journal
in full, but the practice has ceased. Volume IV, sections 2855, 2856.
Where a vote is recorded by yeas and nays the nature of the question on
which they are taken should be clearly stated in the Journal, even
though thereby the summary of an exceptionable petition be printed.
Volume IV, section 2826.
State memorials and petitions may be printed in full in the Record of
the House proceedings only by leave of the House as extension of
remarks. Volume VII, section 1024.
While it is the practice to print memorials from State legislatures in
the Senate proceedings, it is not the custom in the House, and such
memorials are presented by filing with the Clerk, and are noted by
title in the Record and the Journal. Volume VII, section 1024.
Blanks for briefing petitions for the Record and the Journal may be
obtained from the Clerk at the desk. Volume VII, section 1026.
In briefing petitions for the Record and the Journal, the full list of
petitioners is not given, and Members indorse on the back, or on slips
attached, the name of the first petitioner only or the locality from
which received. Volume VII, section 1026.
(9) In General.
Instance wherein the Senate referred papers in the nature of petitions
to the managers of a conference. Volume V, section 6263.
In the earlier practice, the House endeavored to pass, either favorably
or unfavorably, on all petitions presented. Volume IV, sections 3361,
3362.
A Member having presented a memorial for reference under a rule, and a
ruling and appeal having been made as to that reference, it was held
that the memorial might not be withdrawn. Volume IV, section 3363.
An allegation that a committee had refused either to give hearings or
allow petitions to be read before it was held to involve no question of
privilege. Volume III, section 2607.
By request of the House the Speaker has named himself as one of the
Members of a commission authorized by law. Volume II, section 1342.
Instance of the presentation in the Senate of a petition for the
expulsion of a Senator. Volume II, section 1241.
PETROLEUM RESERVE.
A provision in a general appropriation bill authorizing the expenditure
of money therein appropriated for the protection of the naval petroleum
reserve was held to be authorized by the holding status. Volume VII,
section 1246.
PETTIT, JOHN U., of Indiana, Chairman.
Decision on question of order relating to quorum. Volume IV, section
2899.
PEYOTE.
An appropriation for the suppression of the traffic in peyote was held
to be in order on an appropriation bill. Volume VII, section 1212.
PHELPS, ELECTION CASES OF.
The Minnesota election case of Phelps, Cavanaugh, and Becker in the
Thirty-fifth Congress. Volume I, section 519.
The Maryland election case of Steward v. Phelps in the Fortieth
Congress. Volume I, section 739.
The Senate election cases of Smith, Winthrop, Phelps, and Cass. Volume
I, sections 787-790.
PHELPS, JOHN S., of Missouri, Speaker Pro Tempore and Chairman.
Decisions on questions of order relating to--
Amendments germane. Volume V, section 5822.
Enacting clause, motion to strike out. Volume V, section 5334.
General debate. Volume V, section 5236.
Previous question. Volume V, section 5464.
Reconsider, motion to. Volume V, section 5675.
PHILIPPINES.
The Committee on Insular Affairs has general jurisdiction of subjects
relating to the Philippine Islands. Volume VII, section 1948.
The Committee on Insular Affairs exercises practically an exclusive
jurisdiction over the affairs of the islands ceded by the treaty of
1899, except as to matters of revenue and appropriations. Volume IV,
section 4214.
The rule gives to the Committee on Insular Affairs jurisdiction of all
subjects, other than revenue and appropriations, relating to the
islands which came to the United States by the Spanish treaty of 1899.
Volume IV, section 4213.
The revenue relations of the United States with Porto Rico and the
Philippines are within the jurisdiction of the Committee on Ways and
Means. Volume IV, section 4024.
The subjects of navigation and the navigation laws and regulation of
shipping in Hawaii and even in the Philippines have been considered by
the Committee on Merchant Marine and Fisheries. Volume IV, section
4130.
A proposition to establish a system for dealing with a certain class of
claims in the Philippines was referred by the House to the Committee on
Insular Affairs. Volume IV, section 4216.
By order of the House the Resident Commissioners of the Philippine
Islands were granted the right of debate, and assigned to offices in
the House Office Building. Volume VI, section 245.
By general acquiescence the Resident Commissioners of the Philippine
Islands have been permitted the privilege of debating. Volume VI,
section 246.
The Resident Commissioners to the United States from Porto Rico and the
Philippine Islands have the privilege of the floor. Volume VIII,
section 3634.
PICKERING.
The impeachment and trial of John Pickering, judge of the United States
district court for New Hampshire, in 1803. Volume III, sections 2319-
2341.
PICTURES.
The rule gives to the Joint Committee on the Library jurisdiction
``touching the Library of Congress, statuary, and pictures.'' Volume
IV, section 4337.
PIGOTT.
The North Carolina election case of Jennings Pigott in the Thirty-
seventh Congress. Volume I, section 369.
PILE.
The Missouri election case of Hogan v. Pile in the Fortieth Congress.
Volume II, sections 871, 872.
PILOTAGE.
The Committee on Merchant Marine and Fisheries has jurisdiction of the
subject of pilotage. Volume IV, section 4136.
PINCHBACK.
The Louisiana election cases of Sheridan v. Pinchback and Lawrence v.
Sypher in the Forty-third Congress. Volume I, sections 623-626.
The Senate election case of Pinchback, McMillan, Marr, and Eustis, from
Louisiana, in the Forty-third, Forty-fourth, and Forty-fifth
Congresses. Volume I, sections 347-353.
PIRCE.
The Rhode Island election case of Page v. Pirce in the Forty-ninth
Congress. Volume II, sections 1003, 1004.
PLACES.
(1) Of meeting of Congress.
(2) Of meetings of Committees.
(1) Of Meeting of Congress.
Neither House during a session of Congress may, without the consent of
the other, adjourn for more than three days or to another place. Volume
V, section 6672.
The District of Columbia is the seat of government (footnote). Volume
I, section 2.
In certain exigencies the President may convene Congress at a place
other than the seat of government. Volume I, section 2.
(2) Of Meetings of Committees.
The House has denied to subcommittees the right granted to the
committee as a whole to sit at such places as it might deem necessary.
Volume VI, section 374.
Pursuant to authorization to ``meet at such places as said committee
deems advisable.'' sub-committees of a select committee held hearings
in various States of the Union and in Europe. Volume VI, section 376.
Standing committees fix the time and place of their meetings, and in
the absence of such provision meet on the call of the chairman. Volume
VIII, section 2213.
In the absence of direction by the House, committees designate the time
and place of their meetings. Volume VIII, section 2214.
PLATT, ELECTION CASE OF.
The Virginia election case of Platt v. Goode in the Forty-fourth
Congress. Volume II, sections 921-923.
PLATT, ORVILLE H., of Connecticut, Presiding Officer at an Impeachment
Trial.
Decisions questions of order relating to--
Admission of evidence. Volume III, sections 2193, 2223, 2225, 2253--
2255, 2259, 2264, 2270, 2277, 2283, 2292, 2293.
Appeals. Volume III, section 2194.
Arguments as to evidence. Volume III, section 2197.
Attachment of witnesses. Volume III, sections 2152, 2153.
Cross-examination. Volume III, sections 2210, 2211.
Debate. Volume III, section 2196.
Direction of trial. Volume III, section 2151.
Documents as evidence. Volume III, section 2212.
Form of question. Volume III, section 2191.
Objection to evidence. Volume III, section 2184.
Opening address. Volume III, sections 2133, 2134.
Quorum. Volume III, section 2063.
Submits question of evidence. Volume III, sections 2230, 2239, 2264,
2267.
Relation of evidence to pleadings. Volume III, section 2224.
PLAYGROUNDS.
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 continuations of work in progress.
Volume VII, section 1378.
PLEADINGS.
Summary of protest against Reed Smoot as a Senator and his answer
thereto. Volume I, section 482.
PLOWMAN.
The Alabama election case of Aldrich v. Plowman in the Fifty-Fifth
Congress. Volume II, section 1097.
PLURALITY.
The House by special rule chose a Speaker by a plurality of votes, but
confirmed the choice by a majority vote. Volume I, sections 221, 222.
The House, by special rule, chose a Speaker by plurality of votes, but
confirmed the choice by a majority vote on a resolution declarative of
the result. Volume I, section 222.
The House declined to permit any announcement but its own declaration
in a case wherein a Speaker was chosen by plurality of votes. Volume I,
section 222.
The House overruled the Speaker and decided that a manager of an
impeachment should be elected by a majority and not by a plurality.
Volume III, section 2345.
Discussion of complications arising as to the choice by majority when
ballots, each bearing several names, are cast (footnote). Volume V,
section 6003.
PNEUMATIC TUBE MAIL SERVICE.
The jurisdiction of the Committee on Post-Office and Post-Roads extends
to the railway mail service, ocean mail service, pneumatic tubes
service, etc. Volume IV, section 4192.
POCKET VETO.
The pocket-veto case decided by the Supreme Court in 1929. Volume VII,
section 1115.
POINTS OF ORDER.
(1) Making of.--As related to other points of order.
(2) Making of.--Time of.--In general.
(3) Making of.--Time of.--In relation to debate.
(4) Making of.--As to the validity of a report.
(5) Making of.--Relation to question of consideration.
(6) Making of.--In relation to conference reports.
(7) Making of.--Against the whole or a part of a proposition.
(8) Reserving of.--In general procedure.
(9) Reserving of.--On general appropriation bills.
(10) Debate on.
(11) Duty of Speaker as to.--Decisions of. See also ``Speaker.''
(12) Duty of Speaker as to.--May submit questions to the House.
(13) Duty of Speaker as to.--In relation to Committee of the Whole.
(14) Duty of Speaker as to.--Does not construe Constitution.
(15) Duty of Speaker as to.--In general.
(16) Appeals.--In general. See also ``Appeals.''
(17) Appeals.--Debate on.
(18) Appeals.--Vote on.
(19) As to matters presented as of privilege.
(20) The call to order in debate. See also ``Debate.''
(21) That a quorum is not present. See also ``Quorum.''
POINTS OF ORDER--Continued.
(22) In Committee of the Whole, See also ``Committee of the Whole.''
(23) During organization of the House.
(24) Record of, in the Journal.
(25) When not made.
(26) During the electoral count.
(27) During impeachment trails.
(28) In general.
(1) Making of.--As related to Other Points of Order.
All points of order should be stated before a decision is made as to
any. Volume IV, section 3716, Volume V, section 6866.
A point of order having been made, all points of order on the same
proposition should be submitted before decision on any. Volume VIII,
section 2310.
The alleged lateness of a point of order may not be urged after the
Chair has ruled. Volume V, section 6916.
One point of order against a resolution having been made and decided,
and the previous question having been demanded, it was held to be too
late to raise a second question of order. Volume V, section 6918.
A question of order just decided on appeal may not be renewed on the
suggestion of additional reasons. Volume V, section 6877.
The principle that one point of order may not be made while another is
pending has necessarily some limitations. Volume II, section 1322.
(2) Making of.--Time of.--In general.
Discussion as to time at which the point of order may be made. Volume
VII, section 2149.
A question of order arising out of any other question must be decided
before that question. Volume V, section 6864.
A point of order should be made when a matter is presented and not
after consideration and on a succeeding day. Volume V, section 6888.
A point of order against a proposition must be made before an amendment
is offered to it. Volume V, sections 6907-6911. Volume VIII, section
3443.
A point of order may not be raised against a proposition after an
amendment is offered and even a pro forma amendment precludes a
question of order. Volume VIII, section 3445.
An amendment being offered and the reading having begun, a point of
order may interrupt the reading and the Chair may rule the amendment
out if enough has been read to show that it is out of order. Volume V,
sections 6886-6887. Volume VIII, sections 2912. 3378, 3437.
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 point of order relating to the manner in which a resolution should be
considered may be made at any time before the consideration begins.
Volume V, section 6890.
After a motion to suspend the rules has been seconded and debate has
begun it is too late to make the point of order that the motion has not
been authorized by a committee. Volume V, section 6808.
If on a committee suspension day an individual motion to suspend the
rules is made and seconded, it is then too late to make a point of
order. Volume V, section 6809.
If the terms of a special order seem to abrogate a rule for a recess
and an evening session for special business, the question of order
should be raised before the House goes into recess and not after the
House has met in evening session. Volume IV, section 3284.
As to time of making points of order on constitutional questions.
Volume II, section 1322.
The question of the constitutional right of the House to originate
revenue measures is properly raised at any time after the measure
infringing the right has been messaged to the House, Volume VI, section
318.
An action having been completed, it is too late to make the point of
order that a quorum was not present when it was taken. Volume VI,
section 655.
POINTS OF ORDER--Continued.
(2) Making of.--Time of.--In general.--Continued.
After a motion has been agreed to it is too late to raise the question
that the motion was not in order. Volume VIII, section 2611.
A point of no quorum may be made at any time, even though another
Member have the floor. Volume VI, section 653.
Points of order against conference reports should be made after the
reading of the report and before the reading of the statement, and, if
the statement is read in lieu of the report, should be made or reserved
before the reading of the statement. Volume VIII, section 3285.
Points of order against conference reports should be made before the
statement is read, and come too late after the reading of the statement
has been concluded, even where the reading of the report has been
waived. Volume VIII, section 3287.
The reference of a bill, or a change in the reference of a bill, by the
Speaker does not preclude the point of order, when called up for
consideration, that it has been improperly referred. Volume VII,
section 863.
A point of order against the reference of a bill to the Private
Calendar is properly made after the bill is read and before
consideration begins in the Committee of the Whole. Volume VIII,
section 2373.
Leave having been given to file a report while the House is not in
session a point of order that the bill so reported is not privileged is
properly raised when the motion is made to go into Committee of the
whole for its consideration. Volume VIII, section 2252.
A point of order against taking from the Speaker's table a Senate bill
substantially the same as a House bill already reported favorably and
on the House Calendar, comes too late after actual consideration has
begun. Volume VIII, section 2438.
While in order ``at any time,'' it has been held that a point of order
under section 4 of Rule XXI should be raised at a time consistent with
the orderly consideration of the bill to which applied. Volume VII,
section 2138.
A point of order against an appropriation reported by a committee
without authority to report appropriations is in order at any time.
Volume VII, section 2148.
One point of order against a resolution having been made and decided,
and the previous question having been demanded, it was held to be too
late to raise a second question of order. Volume V, section 6918.
(3) Making of.--Time of.--In Relation to Debate.
Under the later 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.
It is too late to raise a question of order against the consideration
of a proposition after debate on it has begun. Volume VIII, section
3440.
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.
A point of order against the motion to strike out the enacting clause
must be made before debate has begun. Volume V, section 6902.
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.
Submission of a question of order precludes further consideration until
disposed of. Volume VIII, section 3432.
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.
The point of order that a bill is on the wrong calendar may be raised
at any time before consideration begins. Volume VII, sections 856, 863,
869.
POINTS OF ORDER--Continued.
(3) Making of.--Time of.--In Relation to Debate--Continued.
A point of order as to a conference report should be made before debate
begins. Volume VIII, section 3286.
A point of order against the motion to strike out the enacting clause
must be made before debate has begun. Volume VIII, section 3442.
Making of.--As to the Validity of a Report.
After the House has actually entered upon the consideration of a bill
it is too late to make a point of order that it is not properly
reported from the committee. Volume V, section 6889.
The validity of a committee's action in reporting a bill may not be
questioned after actual consideration of the bill has begun in the
House. Volume IV, section 4599.
The House having voted to consider a report, it is too late to question
whether or not the report has been made properly. Volume IV, section
4598.
The erroneous reference of a private House bill to a committee not
entitled to jurisdiction does not confer it, and a point of order is
good when the bill comes up for consideration either in the House or in
Committee of the Whole. Volume IV, sections 4382-4389.
A committee having reported a private bill grouping together a series
of claims, each belonging to the jurisdiction of the committee, it was
held that no point of order could be sustained when the bill came up in
Committee of the Whole. Volume IV, section 4784.
It is too late to raise a question of order against a conference report
after the statement is read, whether after the reading of the report or
in lieu of the report. Volume VIII, section 3289.
Points of order are properly raised or reserved against a conference
report after it is read, and before the statement is read, and whether
the statement is read in lieu of the report or after the report. It is
too late to raise a question of order after the reading of the
statement. Volume VIII, section 3265.
Where the statement is read in lieu of the conference report, points of
order should be made or reserved before the statement is read. Volume
VIII, section 3256.
When the reading of the conference report is dispensed with, points of
order must be made before the statement is read. Volume VIII, section
3288.
The practice of the House does not countenance the reservation of
points of order against a conference report when presented for
printing, and questions of order are not entertained until the report
has been read for consideration. Volume VIII, section 3271.
Contrary to the practice in the House, questions of order against
conference reports may be raised in the Senate at any time before the
report is agreed to. Volume VIII, section 3280.
(5) Making of.--Relation to Question of Consideration.
The House having voted to consider a matter, a point of order against
it comes too late. Volume V, sections 6912-6914.
A point of order relating to a proposition against which the question
of consideration has been demanded was held in abeyance until the House
had decided the question of consideration. Volume VIII, section 2439.
A point of order relating merely to the manner of considering a bill
should be passed on after the House has decided the question of
consideration. Volume V, section 4950.
A point of order which if sustained might prevent the consideration of
a bill should be made and decided before the question of consideration
is put. Volume V, sections 4950, 4951.
The House having given unanimous consent for the consideration of a
bill with a proposed committee amendment, this action was held to be in
effect an affirmative decision of the question of consideration, thus
precluding a point of order against the amendment. Volume V, section
4952.
POINTS OF ORDER--Continued.
(6) Making of.--In Relation to Conference Reports.
While conference reports were formerly considered in Committee of the
Whole, they may not be sent there on suggestion of the point of order
that they contain matter ordinarily requiring consideration therein.
Volume V, sections 6559-6561.
A point of order as to a conference report should be made before the
consideration of the report has begun. Volume V, section 6440.
Points of order against a conference report should be made or reserved
before discussion begins. Volume V, sections 6903-6905.
A point of order against a conference report should be made or reserved
after the report is read and before the reading of the statement.
Volume V, section 6424.
A point of order against a conference report should be made before the
statement is read. Volume V, section 6441.
A conference report having been agreed to, it is too late to raise, as
a matter of privilege, a question as to whether or not the managers
have exceeded their authority. Volume V, section 6442.
In the later but not the earlier practice the Speaker rules a
conference report out of order on a question being raised. Volume V,
sections 6409, 6410.
When a conference report is ruled out on a point of order it is
equivalent to a negative vote on the report. Volume V, section 6419.
Although a conference report may be in disregard of the instructions
given the managers, yet it may not be ruled out on a point of order.
Volume V, section 6395.
(7) Making of.--Against the Whole or a Part of a Proposition.
If a part of a paragraph is out of order, the entire paragraph is
subject to a point of order. Volume VII, sections 1172, 1246, 1276,
1283.
If a portion of a paragraph is out of order the entire paragraph may be
stricken from the bill, but after that portion has been ruled out it is
too late to lodge the point of order against the paragraph as a whole
as if the objectionable matter had not been stricken from the bill.
Volume VIII, section 3436.
Points of order may be made to the whole or to a part only of a
paragraph. Volume IV, section 4739. Volume V, section 6881.
The point of order against unauthorized appropriations or legislation
in general appropriation bills may be made against a portion of a
paragraph, even though it be not more than two words. Volume IV,
section 3652.
If the point of order is directed to the item of appropriation that
item only is eliminated, but if made against the paragraph or section
containing the item the entire paragraph or section goes out. Volume
VII, section 2143.
Points of order against appropriations in bills from committees without
authority to report appropriations are properly directed against the
appropriating language only, and when sustained do not affect the
remainder of the bill. Volume VII, section 2148.
The fact that a point of order is made against a portion of a paragraph
does not prevent another point against the whole paragraph. Volume V,
section 6882.
If a portion of a proposed amendment be out of order the whole of it
must be ruled out. Volume V, section 5784.
Where any portion of a proposed amendment is out of order it is
sufficient ground for the rejection of the whole amendment. Volume V,
section 6878-6880. Volume VIII, sections 2970, 2980.
A point of order being made against an entire paragraph the whole of it
must go out if a portion merely is subject to the objection. Volume V,
section 6883.
A point of order being made against an entire paragraph, and being
sustained because a portion only is out of order, the entire paragraph
goes out; but it is otherwise if the point is made only against the
portion out of order. Volume V, sections 6884, 6885.
POINTS OF ORDER--Continued.
(7) Making of.--Against the Whole or a Part of a Proposition--
Continued.
A question of order may not be sustained against a portion of a
conference report without affecting the entire report, and modification
can only be effected by rejection of the report and instruction of a
new conference or, when the managers on the part of the Senate have not
been discharged, by a motion to recommit with instructions. Volume
VIII, section 3307.
(8) Reserving of.--In General Procedure.
A point of order may be reserved but must be decided or withdrawn on
the demand of any Member for the regular order. Volume VIII, section
3430.
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.
A point of order when reserved is not subject to debate. Volume VIII,
section 3429.
Debate under reservation of a point of order is by unanimous consent
and may be terminated any time by a demand for the regular order.
Volume VIII, section 3430.
The reservation of a point of order must be made publicly and not by
private arrangement with the Member in charge of the bill. Volume V,
section 6867.
When a member who has reserved a point withdrawns it, another Member
may renew it immediately. Volume V, section 6906.
A reserved point of order being withdawn another Member may at once
renew it. Volume V, section 6875. Volume VIII, section 3430.
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.
A point of order may not be reserved by a Member if another Member
insists on an immediate decision. Volume V, sections 6869-6871.
When a point of order is reserved the pending proposition may be
debated on its merits, unless some Member demands a decision 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.
An amendment may not be offered to a paragraph in a bill until a point
of order reserved against the paragraph has been disposed of. Volume V,
sections 6872, 6873.
An amendment read for information is not pending and reservation of
points of order is not required to preserve rights thereon. Volume
VIII, section 3434.
(9) Reserving of.--On General Appropriation Bills.
The Committee of the Whole must report in its entirety a bill committed
to it, unless the House by a reservation of points of order sanctions
the striking out of portions against order. Volume V, sections 6921-
6925.
Points of order are usually reserved when appropriation bills are
referred to the Committee of the Whole in order that portions in
violation of rule may be eliminated by raising points of order in
committee. Volume V, sections 6921-6925. Volume VIII, section 3450.
Where points of order are reserved on an appropriation bill, a portion
not germane and not within the jurisdiction of the Committee may be
stricken out on a point of order in Committee of the Whole. Volume IV,
section 4219.
Points of order are reserved at the time of reference to Committee of
the Whole only on general appropriation bills. Volume V, section 6926.
(10) Debate on.
Debate on a point of order is for the information of the Chair and
therefore within his discretion. Volume V, sections 6919, 6920. Volume
VIII, section 3446.
Debate on a point of order is at the discretion of the Chair and
Members may speak as often as recognized. Volume VIII, sections 3448.
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.
POINTS OF ORDER--Continued.
(10) Debate on--Continued.
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.
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 Chair having used his descretion in recognizing a Member for debate
on a point of order, declined to entertain an appeal from this
recognition. Volume V, section 6946.
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.
Time consumed in discussion of incidental points of order is not taken
from time allotted for debate under the rule. Volume VI, section 606.
Time consumed in the discussion of points of order is not chargeable to
time fixed by special order for debate. Volume VIII, section 2556.
Time consumed in presentation of a point of order is not taken from
time allotted in debate. Volume VIII, section 2505.
It is permissible in discussing questions of order to refer to
parliamentary decisions of the Senate. Volume VIII, section 2518.
(11) Duty of Speaker as to.--Decisions of. see also ``Speaker.''
The Speaker decides questions of order. Volume V, section 6863.
The Speaker decides all questions of order, subject to appeal. Volume
II, section 1313.
The Speaker may require that a question of order be presented in
writing. Volume V, section 6865.
Questions of order arising during a division are decided peremptorily
by the Speaker. Volume V, section 5926.
The Speaker sits while rendering decisions on points of order or when
participating in debate thereon (footnote). Volume II, section 1367.
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 Chair to decide hypothetical points of order
or to anticipate questions which may be suggested in advance of their
regular order. Volume VI, section 249.
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.
The Speaker may on a difficult question of order decline to rule until
he has taken time for examination of the question. Volume III, section
2725.
(12) Duty of speaker as to.--May submit Question to the House.
The Speaker of his own initiative has submitted to the House for
decision a question as to procedure. Volume II, section 1315, 1316.
The Speaker sometimes refers a question of order to the House. Volume
IV, section 3173.
Instance wherein the Speaker submitted to the House a question as to
the order of disposing of several unapproved Journals. Volume IV,
section 2771.
Instances wherein the Speaker submitted the decision of questions of
order to the House. Volume IV, sections 3282, 4930. Volume V, sections
5014, 5323, 5855, 6701.
(13) Duty of Speaker as to.--In Relation to Committee of the Whole.
The Speaker can not rule in regard to what occurs in Committee of the
Whole unless the point of order is reported to the House for decision.
Volume V, section 6987.
The Speaker declines to entertain points of order as to conditions
alleged to have existed in Committee of the Whole when the report has
made no mention thereof. Volume V, sections 6932, 6937.
POINTS OF ORDER--Continued.
(14) Duty of Speaker as to.--Does Not Construe Constitution.
It is not the duty of the Speaker to construe the Constitution as
affecting proposed legislation. Volume II, sections 1255, 1318-1320.
Volume VIII;, section 3427.
It is for the House and not the Speaker to decide whether or not a
Senate amendment on the subject of revenue violates the privileges of
the House. Volume II, section 1320.
(15) Duty of Speaker as to.--In General.
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.
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.
Discussion of instances in which Speakers have reserved rulings on
points of order. Volume VII, section 2106.
An instance wherein the Speaker by unanimous consent reserved his
decision on a point of order. Volume VIII, section 2396.
An instance in which the Speaker deferred ruling on an unusual point of
order until time could be had to consult the precedents. Volume VIII,
section 3475.
Instance wherein the Speaker, desiring further time for consideration
of a point of order, reserved his decision until the following day.
Volume VI, section 432.
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.
A question of order arising out of any other question must be decided
before that question. Volume V, section 6864.
The Speaker having remained in the chair while a question relating to
himself was pending was excused from deciding a question of order.
Volume II, section 1358.
The Speaker may require that a question of order be presented in
writing. Volume V, section 6865.
(16) Appeals.--In General. See also ``Appeals.''
The decision of a question of order by the Chair is subject to appeal
by any Member. Volume V, section 6938.
A Member may not submit a question of order to the House except by
appeal. Volume IV, section 4930.
An appeal may not be entertained on a question of order on which an
appeal has just been taken and decided. Volume IV, section 3036.
While one appeal is pending another may not be taken. Volume V,
sections 5709, 6939-6941.
Under certain circumstances Speakers have admitted one appeal while
another was pending. Volume V, sections 6942, 6943.
An appeal may not be taken from a response of the Speaker to a
parliamentary inquiry. Volume V, section 6955.
The House has overruled a decision of a Speaker admitting an appeal.
Volume V, section 6953.
An appeal pending at an adjournment on Friday, but related to public
and not private business, does not go over to the next Friday, but
comes up on the next legislative day. Volume V, section 6945.
A motion having been withdrawn pending an appeal from a decision that
it was in order, it was held that the appeal did not thereby fall.
Volume V, section 6854.
A motion being withdrawn, all proceedings on an appeal arising from a
point of order related to it fell thereby. Volume V, section 5356.
POINTS OF ORDER--Continued.
Appeals.--In General.--Continued.
The motion to lay on the table an appeal from a decision of a question
of order does not, when decided in the affirmative, carry to the table
the original matter as to which the question of order has arisen.
Volume V, section 5434.
An appeal from the decision of the Chair is in order during a call of
the House. Volume VI, section 681.
A question of order just decided on appeal may not be renewed on the
suggestion of additional reasons. Volume V, section 6877.
(17) Appeals.--Debate on.
In Committee of the Whole, as well as in the House, a Member may speak
but once on an appeal. Volume V, section 6951.
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.
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.
Discretion as to recognition must be lodged with the Presiding Officer.
Volume II, section 1456.
(18) Appeals.--Vote on.
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.
Instance wherein, on a tie vote on an appeal, the Speaker voted in the
affirmative. Volume V, section 5686.
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.
(19) As to Matters Presented as of Privilege.
The Speaker may pass on a question presented as of privilege instead of
submitting it directly to the House. Volume III, section 2641.
Early instances wherein the Speaker passed on questions presented as of
privilege instead of submitting them directly to the House. Volume III,
sections 2649, 2650.
A paper offered as involving a question of privilege should be read to
the House rather than privately by the Speaker before a decision is
made regarding its privilege. Volume III, section 2546.
A point of order may be raised against a substitute reported by
committee, although the original resolution may have been privileged.
Volume VI, section 418.
A motion for disposition of a resolution is not admissible while a
point of order against the privilege of its consideration is pending.
Volume VIII, section 2316.
(20) The Call to Order in Debate. See also ``Debate.''
The Speaker sometimes interposes to prevent breach of order in debate
without waiting for a question to be raised by a Member. Volume V,
sections 5163, 5169.
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.
(21) That a Quorum Is Not Present. See also ``Quorum.''
The point of order must be that no quorum is present--not that no
quorum has voted. Volume IV, section 2917.
The Journal having been read and approved, it is too late to make the
point of order that a quorum was not present when it was done. Volume
IV, section 2927.
The point of no quorum may be made while the Journal is being read.
Volume VI, section 624.
POINTS OF ORDER.--Continued.
(21) That a Quorum Is Not Present--Continued.
The point of no quorum may not be withdrawn after the absence of a
quorum has been ascertained and announced by the Chair. Volume IV,
sections 2928-2931.
(22) In Committee of the Whole. See also ``Committee of the Whole.''
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.
An instance wherein the Committee of the Whole rose and reported a
question of order to the House for decision. Volume V, section 5955.
The Chairman of the Committee of the Whole has declined to consider a
question of order arising in the House just before the committee began
to sit. Volume IV, sections 4725, 4726.
The Committee of the Whole declined to heed an appeal that it overrule
its Chairman in order to place legislation urged as desirable on an
appropriation bill. Volume IV, section 3820.
A committee having reported a public bill grouping together the
authorization of several distinct works, all within the jurisdiction of
the committee, it was held that no point of order could be sustained
when the bill came up in Committee of the Whole. Volume IV, sections
4656, 4657.
Paragraphs ruled out in Committee of the Whole on points of order are
not reported to the House. Volume IV, section 4906.
In Committee of the Whole points of order against the germaneness of a
section of a bill are made when the bill is read by sections. Volume V,
section 6929.
A bill being considered under the five-minute rule, a point of order
against a paragraph should be made before the next paragraph is read.
Volume V, section 6931.
An instance in which the Chairman recalled a decision sustaining a
point of order against an amendment and submitted the amendment for
consideration. Volume VII, section 1580.
The Chairman of the Committee of the Whole having taken an active in
the discussion of a point of order, the question was by unanimous
consent passed over to be later raised in the House. Volume VII,
section 1527.
(23) During Organization of the House.
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.
In earlier days the Clerk of the last House presiding at the
organization declined to decide questions of order and referred them to
the House. Volume I, sections 68-72.
In 1855, the Clerk decided questions of order at the organization.
Volume I, section 91.
In 1855, while the Clerk was presiding at the organization of the
House, a question of order was decided by him and the decision
sustained. Volume I, section 75.
Clerk Forney, presiding before the organization of the House in 1856,
declined to decide points of order when there was a division of opinion
among Members. Volume V, section 5325.
In 1869 the hold-over Clerk, basing his authority on the law of 1863,
declined to entertain a question of order or an appeal pending the
motion to proceed to election of Speaker. Volume I, section 79.
In 1863, at the organization of the House, the hold-over Clerk
disclaimed authority to enforce the rules, but decided points of order
as authorized by a rule of the last House. Volume I, section 77.
Instance wherein during the organization the Clerk of the preceding
House declined to entertain an appeal from his decision. Volume I,
sections 22-24.
In 1867 the Clerk, acting under the law of 1863, declined to entertain
any proposition not consistent with the organization of the House.
Volume I, section 80.
POINTS OF ORDER--Continued.
(24) Record of, in the Journal.
The Clerk is required to note all questions of order and the decisions
thereon and print the record thereof as an appendix to the Journal.
Volume I, section 251.
It was the early (but is not the present) practice that a decision on a
point of order should not be recorded in the Journal unless an appeal
had been taken. Volume IV, section 2847.
It is the usual practice that motions, points of order, and appeals not
entertained by the Speaker shall not appear in the Journal. Volume IV,
sections 2844-2846.
The demand of a Member for an alleged constitutional right was held to
be sufficiently journalized as a point or order. Volume IV, section
2852.
(25) When Not Made.
Where a motion not in order under the rules is made without objection
and agreed to by the House by major vote the action is binding on the
House and the Speaker. Volume IV, section 3177.
A motion once made and carried is binding, although in the first
instance it might have been ruled out had a point of order been made in
time. Volume V, section 6917.
A roll call may not be interrupted even by a point of order. Volume
VIII, section 3131.
(26) During the Electoral Count.
During the electoral count of 1869 the President pro tempore used his
discretion about entertaining points of order but declined absolutely
to entertain appeals. Volume III, section 1949.
(27) During Impeachment Trials.
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 preliminary rulings of the Presiding Officer on an impeachment
trial stand as the judgments of the Senate unless some Senator requires
a vote. Volume III, section 2084.
At the Johnson trial the Chief Justice ruled that one point of order
might not be made while another was pending. Volume III, sections 2100-
2102.
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.
At the Johnson trial the Chief Justice felt constrained to submit to
the Senate for decision a question of order affecting the organization.
Volume III, sections 2100-2102.
(28) In General.
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.
By offering a pro forma amendment in Committee of the Whole a Member
does not lose the right to insist on his pending point of order. Volume
V, section 6874.
A point of order being withdrawn, any Member may renew it. Volume VIII,
section 3429.
A special order may provide that all points of order against a
proposition be considered as waived. Volume VII, section 769.
Submission of a question of order precludes further consideration until
disposed of. Volume VIII, section 3432.
An amendment may not be offered to a motion against which a point of
order is pending. Volume VIII, section 2824.
A paragraph includes headings or subheadings and when stricken out on a
point of order carries with it such titles or subtitles. Volume VIII,
section 2353.
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.
POINTS OF ORDER--Continued.
(28) In General.--Continued.
A point of order as to the competency or meaning of an amendment does
not constitute a parliamentary question. Volume VI, section 254.
The question as to the pertinency of court decisions predicated on
legislation subject to points of order at the time of enactment. Volume
VII, section 1151.
The previous question may not be demanded on a proposition against
which a point of order is pending. Volume VIII, sections 2681, 3433.
A Delegate may make a point of order but may not vote. Volume VI,
section 240.
POLICE.
The statutes place on the Sergeants-at-Arms of two Houses the duty of
preserving the peace and security of the Capital and the appointment
and control of the Capitol police. Volume I, section 258.
By concurrent resolution the two Houses authorized their Sergeants-at-
Arms to appoint special police for an important occasion. Volume V,
section 7243.
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.
POLICE COURT.
The Committee for the District of Columbia has exercised jurisdiction
as to the police and juvenile courts and justices of peace in the
District. Volume IV, section 4290.
POLITICAL DISABILITIES.
Bills for the removal of political disabilities have been within the
jurisdiction of the Committee on the Judiciary. Volume IV, section
4058.
A standing order of the House, superseding the exiting 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.
POLITICAL DIVISIONS.
Recognitions are alternated according to differences on the pending
question rather than on account of political differences. Volume II,
section 1444.
POLK, JAMES K., PRESIDENT.
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.
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.
POLK, JAMES K., of Tennessee, Speaker.
Decisions on questions of order relating to--
Adjournment, Volume V, section 6728.
Amendments. Volume V, section 5765.
Appeals. Volume V, sections 5055, 6942.
Appointment of committees. Volume IV, section 4487.
Censure. Volume V, section 5195.
Committee of the Whole, Volume IV, sections 4825, 4911.
Contempt. Volume III, section 1668.
Debate. Volume V, sections 5090, 5105, 5132, 5146, 5157, 5162, 5200.
Divison of the question. Volume V, sections 6108, 6147.
Disorder. Volume II, sections 1648, 1653.
Instructions of committees. Volume II, section 1338.
POLK, JAMES X., of Tennessee, Speaker--Continued.
Decisions on questions of order relating to--Continued.
Journal. Volume IV, sections 2775, 2776, 2817, 2874.
Lay on the table. Volume V, sections 5431, 5432.
Messages. Volume V, section 6640.
Minority views. Volume IV, section 4601.
Petitions. Volume IV, sections 3315, 3316.
Points of order. Volume V, section 5014.
Postpone, motion to. Volume V, sections 5313, 5316.
Previous question. Volume V, sections 5467, 5477.
Privilege. Volume III, section 2523.
Protests. Volume IV, section 2802.
Question of order. Volume V, section 6927.
Reading of papers. Volume V, sections 5287, 5441.
Recognition. Volume II, sections 1435, 1436.
Reconsider, motion to. Volume V, section 5695.
Reports. Volume IV, sections 4587.
Rules. Volume V, section 6779.
Speaker's explanation. Volume II, section 1369.
Substitute amendment. Volume V, section 5793.
Sundays. Volume V, section 6728.
Suspension of rules. Volume V, section 6831.
Suspension of joint rules. Volume V, section 6788.
Voting. Volume V, sections 5946, 5947.
Withdrawal of memorials. Volume IV, sections 3363.
Yielding the floor. Volume V, section 5014.
POLK, TRUSTEN.
For expressions hostile to the Government, absence from his seat,
presence within the lines of the enemy, Trusten Polk was expelled from
the Senate. Volume II, section 1270.
POLL BOOKS. See ``Elections of Representatives.''
POLL TAX. See ``Elections of Representatives.''
POLLARD.
The question relating to the compensation of Ernest M. Pollard in the
Fifty-ninth Congress. Volume II, section 1155.
POLLING BOOTH. See ``Elections of Representatives.''
POLLING PLACES. See ``Elections of Representatives.''
POLLS. See ``Elections of Representatives.''
POLLUTION.
The Committee on Interstate and Foreign Commerce's former jurisdiction
over legislation relating to the navigation, commerce, shipping
facilities, and pollution of the Great Lakes, and the survey and
improvement of navigation therefrom to the Sea via the St. Lawrence
River has been transferred to the Committee on Merchant Marine and
Fisheries. Volume VII, section 1809.
The pollution of navigable waters is a subject within the jurisdiction
of the Committee on Rivers and Harbors. Volume VII, section 1839.
POMEROY.
The Senate election case relating to S.C. Pomeroy, of Kansas, in the
Forty-second Congress. Volume I, section 689.
POOL.
The North Carolina election case of Pool v. Skinner in the Forty-eighth
Congress. Volume I, section 312.
POPULATION.
Under the law of 1929 the President transmits to each fifth Congress a
statement of population and apportionment of existing number of
Representatives among the several States thereunder. Volume VI, section
41.
Statement of population and apportionment thereunder submitted to the
Seventy-first Congress, and form of message transmitting it. Volume VI,
section 42.
A reapportionment by a State legislature which rendered congressional
districts of the State less compact and contiguous as to territory and
more disproportionate as to population was not disturbed. Volume VI,
section 53.
PORTERFIELD.
The Virginia election case of Porterfield v. McCoy in the Fourteenth
Congress. Volume I, sections 770, 771.
PORTO RICO.
The revenue relations to the United States with Porto Rico and the
Philippines are within the jurisdiction of the Committee on Ways and
Means. Volume IV, section 4024.
The rule gives to the Committee on Insular Affairs jurisdiction of all
subjects other than revenue and appropriations relating to the islands
which came to the United States by the Spanish treaty of 1899. Volume
IV, section 4213.
The Committee on Insular Affairs exercises practically an exclusive
jurisdiction over the affairs of the islands ceded by the treaty of
1899, except as to matters of revenue and appropriations. Volume IV,
section 4214.
The Resident Commissioner to the United States from Porto Rico has the
privilege of the floor. Volume V, section 7283. Volume VIII, section
3634.
The rules give to the Resident Commissioner of Porto Rico the status of
a Delegate in the House and assign to him an additional place on the
Committee on Insular Affairs. Volume II, section 1306.
Legislation relating to Porto Rico, with the exception of matters of
revenue and appropriations, are within the jurisdiction of the
Committee on Insular Affairs. Volume VII, section 1949.
The immigration of aliens to Hawaii and Porto Rico is a subject within
the jurisdiction of the Committee on Immigration and Naturalization.
Volume VII, section 2040.
PORTRAITS.
The purchase of paintings and portrails has been within the
jurisdiction of the Joint Committee on the Library. Volume IV, sections
4343.
Ceremonies at the presentation of portrails of ex-Speakers. Volume V,
sections 7065-7069.
Under the later practice portrails of the Speakers are painted by order
of the House in the course of their incumbency and are hung without
ceremony. Volume VIII, section 3530.
In 1910 provision was made by resolution for the painting of portrails
of all former Speakers of whom no acceptable portrait was in possession
of the House. Volume VIII, section 3530.
PORTS OF ENTRY.
In the later practice of the House subjects relating to transportation
of duitable goods, ports of entry and delivery, and customs collection
districts have been reported by the Committee on Ways and Means. Volume
IV, section 4026.
POSEY.
The Indiana election case of Posey v. Parrott in the Fifty-first
Congress. Volume II, section 1029.
POST.
The Illinois election case of Worthington v. Post in the Fiftieth
Congress. Volume II, sections 1009, 1010.
POSTOFFICE.
The Postmaster superintends the post office in the Capitol and is
responsible for the prompt and safe delivery of mail. Volume I, section
270.
The Postmaster superintends the post office in the Capitol and House
Office Building and is responsible for the prompt and safe delivery of
mail. Volume VI, section 34.
The rule gives to the Committee on Post Office and Post Roads
jurisdiction of subjects relating ``to the post office and post roads,
including appropriations for their support.'' Volume IV, section 4190.
POST OFFICE AND POST ROADS, COMMITTEE ON.
The creation and history of the Committee on Post Office and Post
Roads. Section 14 of Rule XI. Volume IV, section 4190.
Recent history of the Committee on Post Office and Post Roads, section
14 of Rule XI. Volume VII, section 1914.
The rule gives to the Committee on Post Office and Post Roads
jurisdiction of subjects relating ``to the post office and post roads,
including appropriations for their support.'' Volume IV, section 4190.
Subjects relating to postal savings banks and postal telegraphy are
within the jurisdiction of the Committee on Post Office and Post Roads.
Volume IV, section 4193.
The jurisdiction of the Committee on Post Office and Post Roads extends
to the railway mail service, ocean mail service, pneumatic tube
service, etc. Volume IV, section 4192.
The appropriation for officers and clerks in the railway mail service
belongs to the jurisdiction of the Committee on Post Office and Post
Roads. Volume IV, section 4191.
The Committee on the Post Office and Post Roads exercise jurisdiction
over proposed legislation relating to the carrying of mails both
foreign and domestic, including Rural Free Delivery and the Air Mail
Service, and over the Postal Savings System. Volume VII, section 1915.
The acquisition lease, or transfer of realty or other facilities for
post office purposes are subjects within the jurisdiction of the
Committee on the Post Office and Post Roads. Volume VII, section 1916.
Exclusion from the mails of dangerous, fraudulent, gambling, or
otherwise objectionable commodities, devices or paraphernalis is a
subject within the juridiction of the Committee on the Post Office and
Post Roads. Volume VI, section 1918.
Provisions for assessment and remission of punishments and penalties in
connection with crimes and offenses against the mail service have been
reported by the Committee on the Post Office and Post Roads. Volume VI,
section 1920.
By decision of the House, bills to increase the efficiency of the
postal service through the retirement of superannuated employees were
referred to the Committee on the Post Office and Post Roads. Volume
VII, section 1921.
Bills relating to the classification of salaries of postal employees
are within the jurisdiction of the Committee on the Post Office and
Post Roads. Volume VII, section 1922.
Bills providing for the purchase of post-office sites and the erection
of buildings thereon are within the jurisdiction of the Committee on
Public Buildings and Grounds rather than that of the Committee on the
Post Office and Post Roads. Volume VII, section 1966.
The covering of post office departmental positions into the classified
service is a subject within the jurisdiction of the Committee on the
Civil Service and not the Committee on the Post Office and Post Roads.
Volume VII, section 2019.
POST OFFICE AND POST ROADS, COMMITTEE ON--Continued.
The construction and maintenance of post roads are subjects within the
jurisdiction of the Committee on Roads and not the Committee on the
Post Office and Post Roads. Volume VII, section 2067.
The granting of indefinite leaves of absence to superannuated employees
of the Post Office Department is a subject within the jurisdiction of
the Committee on the Post Office and Post Roads and not the Committee
on the Civil Services. Volume VII, section 2106.
POST ROADS.
The rule gives to the Committee on Post Office and Post Roads
jurisdiction of subjects relating ``to the post office and post roads,
including appropriations for their support.'' Volume IV, section 4190.
Legislation authorizing Federal aid to the States in the construction
of rural post roads and Federal highways is within the jurisdiction of
the Committee on Roads. Volume VII, section 2066.
The construction and maintenance of post roads are subjects within the
jurisdiction to the Committee on Roads and not the Committee on the
Post Office and Post Roads. Volume VII, section 2067.
POSTAGE.
A bill increasing the rate of postage has been held to affect the
revenues and therefore to require consideration in Committee of the
Whole. Volume IV, section 4861.
POSTAL SAVINGS BANK.
Subjects relating to postal savings banks and postal telegraphy are
within the jurisdiction of the Committee on Post Office and Post Roads.
Volume IV, section 4193.
POSTAL TELEGRAPH.
Subjects relating to postal savings banks and postal telegraphy are
within the jurisdiction of the Committee on Post Office and Post Roads.
Volume IV, section 4193.
The Committee on the Post Office and Post Roads has jurisdiction over
subjects relating to Government control of telephone in the District of
Columbia. Volume VII, section 1919.
POSTMASTER.
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.
Creation of the office of Postmaster. Volume I, section 269.
The Postmaster superintends the post-office in the Capitol and is
responsible for the prompt and safe delivery of mail. Volume I, section
270.
The Postmaster superintends the post office in the Capitol and House
Office Building and is responsible for the prompt and safe delivery of
mail. Volume VI, section 34.
Directions to the Postmaster of the House specifying the number of mail
deliveries was held to destroy the privilege of a resolution reported
by the Committee on Accounts. Volume VIII, section 2299.
The Postmaster accounts for the Government property in his possession.
Volume I, section 271.
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 Postmaster having died, it was held that contracts for carrying the
mails must be made by the Clerk and not by the Assistant Postmaster.
Volume V, section 7235.
Instance wherein the House failed to elect a Doorkeeper and Postmaster,
the officers of the preceding House continuing to serve. Volume I,
section 193.
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.
An appropriation for examination of presidential postmasters was held
to be authorized by law. Volume VII, section 1198.
POSTMASTER--Continued.
While bills relating to individual claims of postmasters for
reimbursement for unavoidable losses belong to the jurisdiction of the
Committee on Claims, general legislation providing for disposition of
such claims has been reported by the Committee on the Post Office and
Post Roads. Volume VII, section 1917.
Bills relating to claims of Postmasters for unavoidable losses are
within the jurisdiction of the Committee on Claims and not of the
Committee on the Post Office and Post Roads. Volume VII, section 1999.
POSTPONE, MOTION TO.
(1) General conditions of.
(2) Relation to the previous question.
(3) Relation to special orders.
(4) In relation to Committee of the Whole.
(5) To a day certain.
(6) Indefinitely.
(1) General Conditions of.
Precedence of the motions to postpone as related to other motions.
Volume V, section 5301.
A motion to postpone to a day certain, refer, or postpone indefinitely,
being decided, is not again in order on the same day at the same stage
of the question. Volume V, section 5301.
Interpretation of the rule which forbids the repetition of the motions
to postpone or refer at the same stage of the question. Volume V,
section 5591.
A motion to postpone must include the whole of a pending resolution and
may not apply to a portion only. Volume V, section 5306.
The motions to postpone, refer, amend, for a recess, and to fix the day
to which the House shall adjourn may be amended. Volume V, section
5754.
Laying on the table the motion to postpone consideration of Senate
amendments was held not to carry to the table pending motions for their
disposition. Volume VIII, section 2657.
(2) Relation to the Previous Question.
The motion to postpone may not be entertained after the previous
question has been ordered. Volume V, sections 5320, 5321. Volume VIII,
section 2617.
After the previous question is ordered on a bill a motion to postpone
the bill is not in order. Volume V, section 5319. Volume VIII, section
2616.
A motion to reconsider the vote on the engrossment of a bill may be
admitted after the previous question has been moved on a motion to
postpone. Volume V, section 5663.
A motion for the previous question takes precedence of the motion to
postpone. Volume VI, section 400.
(3) Relation to Special Orders.
A bill which comes before the House by the terms of a special order
merely assigning the day for its consideration may be postponed by a
majority vote. Volume IV, sections 3177-3182.
It is not in order to move to propose a special order providing for the
consideration of a class of bills. Volume V, section 4958.
A special order was held in abeyance, no objection having been offered.
Volume VII, section 791.
(4) In Relation to Committee of the Whole.
It is not in order in the House to move to postpone or otherwise
consider, a bill which is still in the Committee of the Whole. Volume
IV, section 4915. Volume VIII, section 2436.
A motion that a bill be reported with a recommendation to postpone is
in order in Committee of the Whole. Volume IV, section 4765.
POSTPONE, MOTION TO--Continued.
(4) In Relation to Committee of the Whole--Continued.
It is not in order to move to postpone consideration of pending
business to Calendar Wednesday. Volume VIII, section 2614.
The motion to go into the Committee of the Whole may not be laid on the
table or indefinitely postponed. Volume VI, section 726.
The motion to rise and report with the recommendation that
consideration be postponed to a day certain is in order in the
Committee of the Whole and is preferential. Volume VIII, section 2372.
A motion to report a bill from the Committee of the Whole with a
recommendation that it do pass has precedence of a motion recommending
postponement. Volume IV, section 4765.
In Committee of the Whole a motion to report a bill with the
recommendation that it lie on the table has precedence of motions
recommending postponement or recommittal. Volume IV, section 4777.
(5) To a Day Certain.
The motion to postpone may specify the day but not the hour of that
day. Volume V, section 5307.
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 motion to postpone to a day certain is within narrow
limits only and is confined to the question of postponement. Volume
VIII, section 2615.
The motion to postpone 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.
The motion to postpone to a day certain does not admit debate on the
merits of the pending proposition. Volume VIII, section 2616.
Debate on the motion 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, section 2372.
The constitutional mandate that the House ``shall proceed to
reconsider'' a vetoed bill has been held not to preclude a motion to
postpone consideration to a day certain. Volume IV, sections 3542-3547.
Volume VII, section 1101.
The constitutional mandate that the House ``shall proceed to
reconsider'' a vetoed bill is complied with by laying it on the table,
referring it to a committee, postponing consideration to a day certain,
or immediately voting on reconsideration. Volume VII, section 1105.
Reconsideration of a bill returned with the President's objections may
be postponed to a day certain by a majority vote. Volume VII, section
1112.
A bill called up in the morning hour may not be made a special order by
a motion to postpone to a day certain. Volume IV, section 3164.
A 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.
It is in order to reconsider a vote postponing a bill to a day certain,
even on a later day. Volume V, section 5643.
The election of certain officers of the House having been postponed to
a day certain, the Speaker ruled out a motion providing for their
earlier election. Volume V, section 5308.
A veto message having been read, only three motions are in order: to
lay on the table, to postpone to a day certain, or to refer, which
motions take precedence in the order named. Volume VII, section 1100.
POSTPONE, MOTION TO--Continued.
(5) To a Day Certain--Continued.
The motion for the previous question takes precedence of the motion to
postpone to a day certain. Volume VIII, section 2609.
A motion to postpone to a day certain the consideration of a pending
resolution was held to include in its application all related
propositions. Volume VIII, section 2613.
The motion to postpone to a day certain was held to be applicable to an
appeal from the decision of the Chair. Volume VIII, section 2613.
In Committee of the Whole the motion to recommend postponement to a day
certain has precedence of the motion to amend. Volume VIII, section
2615.
The motion to postpone to a day certain is subject to amendment. Volume
VIII, section 2824.
It is in order to lay on the table a motion to postpone to a day
certain. Volume VIII, sections 2654, 2657.
The motion to postpone to ``the next legislative day'' was construed as
a motion to postpone to a day certain. Volume VIII, section 2657.
(6) Indefinitely.
A motion to postpone indefinitely opens to debate all the merits of the
proposition. Volume V, section 5316.
It has been held in order to move to postpone indefinitely the further
execution of an order relating to the election of officers of the
House. Volume V, section 5318.
It is not in order to move to postpone indefinitely the consideration
of a veto message of the President. Volume IV, section 3548.
The motion to postpone indefinitely may not be applied to the motion to
refer. Volume V, section 5317.
The motion to postpone indefinitely may not be applied to a motion to
suspend the rules. Volume V, section 5322.
Instance where a House bill returned with Senate amendments adhered to
was postponed indefinitely. Volume V, section 6200.
Early instances where one House postponed to an indefinite time bills
returned from the other with amendments disagreed to and requests for a
conference. Volume V, section 6199.
POTOMAC RIVER.
The construction of a memorial bridge across the Potomac River is a
subject which has been considered by the Committee on Public Buildings
and Grounds. Volume VII, section 1968.
POTTER, CLARKSON N., of New York, Speaker Pro Tempore.
Decision on question of order relating to quorum. Volume IV, section
2951.
POTTER, EMERY D., of Ohio, Chairman.
Decision on question of order relating to withdrawal of motion. Volume
V, section 5348.
POULTRY.
Bills for the stimulation of production, sale, and distribution of
livestock and livestock products and the authorization of
appropriations for international conferences on poultry and poultry
products have been reported by the Committee on Agriculture. Volume
VII, section 1867.
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.
POWELL.
The Senate did not consider Lazarus W. Powell worthy of expulsion
because he had formerly counseled his State to be neutral between the
Government and its enemies. Volume II, section 1271.
POWER COMMISSION.
The investigation of water resources, the creation of a Federal power
Commission, the leasing of power sites, and the supervision and
development of water power are subjects which have been committed to
the Committee on Interstate and Foreign Commerce. Volume VII, section
1808.
POWER, ELECTION CASE OF.
The Senate case of Sanders, Power, Clark, and Maginnis, from Montana,
in the Fifty-first Congress. Volume I, section 358.
POWER PLANT.
The Capitol power plant and its service, like the House Office
Building, are under the control of the Architect of the Capitol subject
to the approval of the House Office Building Commission. Volume VIII,
section 3656.
The House Office Building Commission is charged with control of the
Capitol power plant. Volume VIII, section 3657.
POWER OF SPEAKER.
Mr. Speaker Reed in a ruling referred to the power of the Speaker in
relation to the House itself. Volume IV, section 4452.
POWER, USURPATION OF.
Discussion of usurpation of power as a ground for impeachment. Volume
III, section 2509.
The first attempt to impeach President Johnson was based on the salient
charge of usurpation of power, with many specifications. Volume III,
section 2404.
A majority of the Judiciary Committee reported in favor of impeaching
Judge Durell, principally for usurpation of power. Volume III, section
2508.
POWERS, LLEWELLYN, of Maine, Speaker pro tempore and Chairman.
Decisions on questions of order relating to--
Authorization of appropriations. Volume IV, section 3649.
Continuation of a public work. Volume IV, sections 3754, 3772.
Legislation on appropriation bills. Volume IV, section 3814.
Limitations on appropriations. Volume IV, section 3896.
PRALL, ANNING S., of New York, Chairman.
Decisions on questions of order relating to--
Amendment, germaneness of. Volume VIII, section 2928.
Appropriations. Volume VII, section 1485.
PRAYER.
The Chaplain opens each day's sitting with prayer. Volume I, section
272.
Prayer by the Chaplain at the opening of the daily session is not
business requiring the presence of a quorum, and the Speaker declines
to entertain a point of no quorum before prayer is offered. Volume VI,
section 663.
PREAMBLE.
A bill sometimes has a preamble. Volume IV, sections 3412, 3413.
Reference to illustration of mode of disposing of a preamble
(footnote). Volume IV, section 3411.
When a bill is considered for amendment the preamble is taken up after
the body of the bill has been gone through. Volume IV, section 3411.
The preamble of a bill or joint resolution may be agreed to most
conveniently after the engrossment and before the third reading. Volume
IV, section 3414. Volume V, sections 5469, 5470.
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 the preamble a separate vote
may not be demanded on the preamble. Volume V, section 6148.
PREAMBLE--Continued.
An early decision, since reversed, held that the previous question,
when ordered on a resolution with a preamble, did not apply to the
preamble (footnote). Volume V, sections 5469, 5470.
The privilege of a resolution of inquiry may be destroyed by a
preamble. Volume VI, section 422.
The privilege of a resolution is destroyed by a preamble reciting an
assertion of fact. Volume VI, section 427.
Dicta to the effect that a resolution and preamble proposing
investigation of charges of corruption against the membership of a
committee or a Member of the House is privileged. Volume VIII, section
2316.
The privilege of a resolution of inquiry may be destroyed by a
preamble, although the matter therein recited may be germane to the
subject of inquiry. Volume III, sections 1877, 1878.
The previous question having been ordered and a motion to recommit
having been made in the form of a resolution with a preamble, the
preamble was ruled out of order. Volume V, section 5589.
A preamble may be laid on the table without affecting the status of
accompanying resolutions already agreed to by the House. Volume V,
section 5430.
A resolution may be laid on the table without carrying with it a
connected resolution already agreed to or a preamble not yet acted on.
Volume V, section 5428.
In the Committee of the Whole an amendment to the preamble of a bill or
joint resolution is considered after the bill has been read for
amendment. Volume VII, section 1065.
After an amendment to the preamble of a bill has been considered it is
too late to propose amendment to the text of the bill. Volume VII,
section 1065.
It is not in order to preface a motion to adjourn with preamble or
argument touching reason or purpose of the proposed adjournment. Volume
VIII, section 2647.
PRECEDENTS.
The Chair is constrained in his rulings to give precedent its proper
influence. Volume II, section 1317.
Mr. Speaker Henderson on the advantage of following precedents. Volume
IV, section 4045.
In 1860 the Senate looked to House precedents in dealing with a witness
in contempt. Volume III, section 1724.
The Clerk is required to not all questions of order and the decisions
thereon and print the record thereof as an appendix to the Journal.
Volume I, section 251.
Reference to the precedents of Parliament. Volume I, section 251.
Reference to the procedure of Parliament. Volume IV, section 3334.
Reference to the parliamentary law. Volume II, section 1633.
Reference to English precedents in the Kilbourn case. Volume II,
section 1611.
An instance wherein the precedents of Parliament were invoked and
discussed. Volume III, section 1727.
Discussion of the right of the House to punish for contempt, with
reference to English precedents. Volume III, section 1667.
A modification of the rule of Parliament in reference to the
communication of testimony. Volume III, section 1851.
The rule of Parliament relating to members implicated by testimony
discussed, but not applied. Volume III, section 1844.
In a debate as to the right of the House to compel the attendance of
witnesses for a legislative inquiry the precedents of Parliament were
considered. Volume III, sections 1816-1820.
The parliamentary law as to the examination of witnesses. Volume III,
section 1768.
The parliamentary method of raising a committee to investigate an
alleged error in the Journal has not been utilized. Volume IV, section
2809.
PRECEDENTS--Continued.
In 1868 the Senate ceased in its rules to describe the House of
Representatives, while acting in impeachment cases, as the grant
inquest of the nation. Volume III, section 2981.
A call of the House is in order both under the general parliamentary
law and the Constitution. Volume IV, section 2981.
The Chair in his ruling is constrained to follow precedent and to obey
a well-established rule even if unreasonable, but one precedent alone
when unsupported by others is not necessarily conclusive. Volume VI,
section 48.
The opinion of one Member of the Elections Committee, not necessarily
approved by the House, is insufficient to establish a precedent. Volume
VI, section 58.
According to the precedents of the House of Representatives, official
returns may be invalidated only in event of fraud in conducting the
election, or want of authority in the election board, or irregularities
rendering the result uncertain. Volume VI, section 144.
The Senate recognizes no precedents save those established by itself in
analogous cases. Volume VI, section 109.
When precedents conflict, the Chair is constrained to give greatest
weight to the latest decisions. Volume VI, section 248.
Jefferson's Manual and Hinds' Precedents are cited by the Supreme Court
as authorities in parliamentary procedure. Volume VI, section 343.
While the precedents are not uniform, the practice of the Senate is to
permit the withdrawal of suggestions that a quorum is not present prior
to ascertainment and announcement by the Chair. Volume VI, section 644.
Discussion as to the influence of precedent upon the rulings of the
Chair. Volume VII, section 1363.
Discussion as to the importance of observing precedent. Volume VIII,
section 2424.
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.
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.
While the House is governed by general parliamentary usage prior to the
adoption of rules, the Speakers have been inclined to give weight to
the precedents of the House in the interpretation of that usage. Volume
VIII, section 3384.
An instance in which the Speaker deferred ruling on an unusual point of
order until time could be had to consult the precedents. Volume VIII,
section 3475.
PRECINCTS, ELECTION. See ``Elections of Representatives.''
PREEMPTION.
Preemption and disposition of lands on reclaimed and irrigated projects
are subjects within the jurisdiction of the Committee on Irrigation and
Reclamation. Volume VII, section 2032.
PREHISTORIC RUINS.
Bills relating to the preservation of prehistoric ruins and national
objects of interest on the public lands have been reported by the
Committee on Public Lands. Volume IV, section 4199.
PRENTISS.
The Mississippi election cases of Gholson, Claiborne, Prentiss, and
Ward in the Twenty-fifth Congress. Volume I, section 518.
PREPARATIONS.
The preparations in the Senate Chamber for an impeachment trial are
directed by the Presiding Officer of the Senate. Volume III, section
2084.
PREROGATIVES.
(1) Of the House of Representatives.--Questions of privilege.
(2) Of the House of Representatives.--As to organization.
(3) Of the House of Representatives.--As to rules.
(4) Of the House of Representatives.--Rules as related to law.
(5) Of the House of Representatives.--GFor the decision of the House
rather than the Speaker.
(6) Of the House of Representatives.--As to contempts.--General
discussion.
(7) Of the House of Representatives.--As to contempts.--Decisions of
the courts.
(8) Of the House of Representatives.--GAs to contempts.--Relations to
authority of the courts.
(9) Of the House of Representatives.--Members summoned as witnesses.
(10) Of the House of Representatives.--Demand of the court for papers
from the files.
(11) Of the House of Representatives.--As to appropriation bills.
(12) Of the House of Representatives.--As to revenue legislation.
(13) Of the House of Representatives.--Power of investigation.
(14) Of the House of Representatives.--Inquires of the Executive.
(15) Of the House of Representatives.--As to Executive appointments.
(16) Of the House of Representatives.--As to treaty-making power in
general.
(17) Of the House of Representatives.--As to revenue treaties.
(18) Of the House of Representatives.--As to foreign relations in
general.
(19) Of the House of Representatives.--GAs to the election of President
and Vice-President.
(20) Of the House of Representatives.--Declarations by.
(21) Of the House of Representatives.--Administration of oaths.
(22) Of the House of Representatives.--Conferences as to.
(23) Of the House of Representatives.--In general.
(24) Of the Chief Justice presiding at an impeachment trial.
(25) Of Congress as to meeting and adjourning.
(26) Of State legislatures.--As related to Congress.
(27) Of State legislatures.--As related to State constitutions.
(28) Of State legislatures.--In electing Senators.
(29) Of the President of the United States.
(1) Of the House of Representatives.--Questions of Privilege.
A resolution relating to an alleged invasion of the prerogatives of the
House presents a question of privilege. Volume II, sections 1487, 1488.
A proposition relating to the constitutional prerogatives of the House
has always been considered a question of privilege. Volume II, section
1529.
To justify a question of privilege an invasion of the prerogatives of
the House must be alleged to be actual, not prospective. Volume III,
section 2556.
It being alleged that the constitutional prerogatives of the House were
invaded by certain Senate amendments to a bill the question of
privilege was raised before the bill came up for consideration. Volume
II, section 1491.
A resolution that the rights and dignity of the House have been invaded
by the Executive presents a question of privilege. Volume III, section
2565.
A resolution implying that the constitutional rights of the House may
have been invaded by the Executive presents a question of privilege.
Volume III, section 2563.
The ordinary rights and functions of the House under the Constitution
are exercised in accordance with the rules, without precedence as
matters of privilege. Volume III, section 2567.
An appeal of a Member to the President for protection was considered
derogatory to the privilege of the House. Volume III, section 2680.
A letter from an executive officer of the Government criticizing the
Senate was condemned in debate as a breach of privilege and withdrawn.
Volume III, section 2566.
PREROGATIVES--Continued.
(1) Of the House of Representatives.--Questions of Privilege--
Continued.
Question as to the right of the House to interfere for the protection
of Members who without the Hall get into difficulties disconnected with
their official duties (footnote). Volume III, section 2678.
The President having transmitted to the House a message reflecting on
the integrity of its membership, the House declared it a breach of
privilege and ordered it laid on the table. Volume VI, section 330.
(2) Of the House of Representatives.--As to Organization.
A discussion as to whether or not the House is a House before its
organization. Volume, I, section 82.
Effect of a provision of law as related to the constitutional right of
the House to choose its own officers. Volume IV, section 3819.
Reference to discussion of the permanent and temporary conditions of
Senate and House respectively, as organized bodies (footnote). Volume
IV, section 4445.
A question has arisen as to whether or not the House, in the face of
the provision of law, may proceed to business before the election of a
Clerk. Volume I, section 243.
In 1867 the law of 1789 was considered as binding the House to elect a
Clerk before proceeding to business. Volume I, section 241.
It has been decided that, notwithstanding the requirements of the act
of 1789, the House may proceed to business before the election of a
Clerk. Volume I, section 242.
In one or two cases it has been held that the Clerk may not entertain a
motion to correct the roll, which he makes up under the law. Volume I,
sections 22-24.
The constitutional power of the House to compel the attendance of
absent Members is not confined to cases wherein there is a lack of a
quorum. Volume IV, sections 2985-2987.
(3) Of the House of Representatives.--As to Rules.
The Constitution confers on the House the power to determine the rules
of its proceedings. Volume V, section 6741.
Discussion by the Supreme Court of the power of the House to make its
own rules. Volume V, section 6755.
The rules of one House of Representatives are not binding on a
succeeding House, directly or indirectly, unless adopted by the latter
House. Volume V, section 6002.
The theory that a House might make its rules binding on the succeeding
House was at one time much discussed and even followed. Volume V,
sections 6744-6747.
The House, in a rule continuing the Clerk in office until the election
of his successor, assumed to perpetuate its authority beyond its own
existence. Volume I, section 235.
The House has made rules which have been followed through other
Congresses by the Executive Departments, although the authority for the
rules has been considered doubtful. Volume V, sections 6752-6754.
The two Houses by concurrent resolution have assumed to extend the
powers of a joint committee beyond the adjournment of Congress, but
later action seems to recognize a law as the proper instrumentality for
such purpose. Volume IV, sections 4437-4444.
Instance wherein a joint rule provided a joint committee for the next
Congress. Volume IV, section 4445.
(4) Of the House of Representatives.--Rules, as Related to Law.
A law passed by the then existing Congress was recognized by the House
as of binding force in matters of procedure. Volume V, sections 6767,
6768.
The Speaker held it his duty to proceed in accordance with the
mandatory provision of a law in the enactment of which the then
existing House had concurred. Volume II, section 1341.
Congress may not by law interfere with the constitutional right of a
future House to make its own rules. Volume I, section 82.
PREROGATIVES--Continued.
(4) Of the House of Representatives.--Rules, as Related to Law--
Continued.
The validity of a law passed by a preceding Congress which proposes to
govern the House as to its rules or its organization is doubtful.
Volume V, sections 6765, 6766.
The question as to whether or not the House, in its procedure, is bound
by a law passed by a former Congress. Volume IV, section 3298.
The House has held, notwithstanding the law of 1789, that it may adopt
rules before electing a Clerk. Volume I, section 245.
The constitutional right of the House ``to determine the rules of its
proceeding'' may not be impaired or destroyed by the indefinite
repetition of dilatory motions. Volume V, sections 5707, 5708.
(5) Of the House of Representatives.--For the Decision of the House
Rather than the Speaker.
It is for the House and not the Speaker to pass on a question relating
to the constitutional prerogatives of the House. Volume II, section
1490.
It is for the House and not the Speaker to decide whether or not the
constitutional prerogatives of the House have been invaded. Volume II,
section 1491.
(6) Of the House of Representatives.--As to Contempts--General
Discussion.
Discussion of the power of the House to punish for a breach of its
privileges. Volume II, section 1606.
Discussion of the power of the House to issue a general warrant. Volume
II, section 1606.
Discussion of the right of the House to punish for contempt, with
references to English precedents. Volume III, section 1667.
Argument that the parliamentary law as to contempt does not apply to
the House. Volume II, section 1619.
Discussion of the theory that the House has the inherent power to
punish for contempts wherever committed. Volume II, section 1615.
Each House possesses the inherent power of self-protection. Volume II,
section 1614.
Discussion as to the right of the House to punish for a contempt not
committed in its actual presence. Volume II, section 1619.
The House ordered spread on its Journal a paper in which Samuel Houston
protested against the right of the House to punish him for contempt.
Volume II, section 1619.
In the Irwin case the House asserted its authority, as grand inquest of
the nation, to investigate, with the attendant right of punishment for
contempt, in case of offenses in a preceding Congress. Volume III,
section 1690.
In 1877 the House imprisoned members of a State canvassing board for
contempt in refusing to obey a subpoena duces tecum for the production
of certain papers relating to the election of Presidential electors.
Volume III, section 1698.
(7) Of the House of Representatives.--As to Contempts.--Decisions of
the Courts.
Decision of the Supreme Court affirming the right of the House to
punish John Anderson for contempt. Volume II, section 1607.
In the Chapman case the Supreme Court held that the power to punish for
contempt remains with each House in cases to which its power properly
extends. Volume II, section 1614.
The power of the House to punish for contempt is limited to the cases
expressly defined by the Constitution. Volume II, section 1611.
In the Kilbourn case the court held that no witness could be punished
for contumacy except in an inquiry which the House has power to make.
Volume II, section 1611.
The attempt, in 1876, to punish Hallet Kilbourn for declining to
testify before a committee resulted in a decision of the Supreme Court
denying that the House has an unlimited power to punish for contempt of
its authority. Volume II, section 1611.
PREROGATIVES--Continued.
(8) Of the House of Representatives.--As to Contempts.--Relations to
Authority of the Courts.
In a case where the House has the right to punish for contempt its
officers may not be held liable for the proper discharge of ministerial
functions in connection therewith. Volume III, section 1713.
A writ of habeas corpus being served on the Sergeant-at-Arms, who held
the witness Irwin in custody for contempt, the House, after
consideration, prescribed the form and manner of return. Volume II,
section 1691.
While confined in jail for contempt the witness Kilbourn was released
by habeas corpus proceedings, the court intimating that the punishment
of law superseded the right of the House to punish. Volume II, section
1610.
(9) Of the House of Representatives.--Members Summoned as Witnesses.
The House decided that the summons of a court to Members to attend and
testify constituted a breach of privilege and directed them to
disregard the mandate. Volume III, section 2691.
Members having informed the House, as a matter of privilege, that they
had been summoned before the grand jury of the District of Columbia,
the House authorized them to respond to the summons. Volume III,
section 2662.
(10) Of the House of Representatives.--Demand of the Court for Papers
from the Files.
No officer or employee of the House may produce any paper belonging to
the files of the House before a court without permission of the House.
Volume III, section 2663.
No officer or employee of the House should furnish, except by authority
of the House or a statute, any copy of any paper belonging to the files
of the House. Volume III, section 2663.
The House, in maintenance of its privilege, has refused to permit the
Clerk to produce in court, in obedience to a summons, an original paper
from the files, but has given the court facilities for making certified
copies. Volume II, section 2664.
(11) Of the House of Representatives.--As to Appropriation Bills.
It being alleged that the Senate had invaded the constitutional
prerogative of the House to originate appropriation bills, the Speaker
entertained the matter as of privilege. Volume III, section 2558.
Discussion by a committee of the House of the constitutional right of
the Senate to originate bills appropriating money from the Treasury.
Volume II, section 1500.
In 1885 the House, after learned debate, declined to investigate the
power of the Senate to originate bills appropriating money. Volume II,
section 1501.
(12) Of the House of Representatives.--As to Revenue Legislation.
Revenue bills must originate in the House, but the Senate may concur
with amendments. Volume II, section 1480.
Discussion of the privilege of the House and Senate, respectively, in
relation to revenue bills. Volume II, section 1488.
After a full but inconclusive conference with the Senate the House
reaffirmed its own exclusive right to originate revenue measures.
Volume II, sections 1487, 1488.
The Senate having insisted on its right to add a revenue amendment to
an appropriation bill, the House declined to proceed further with the
bill. Volume II, section 1485.
The Senate having added a revenue amendment to an appropriation bill
the House returned the bill to the Senate, which reconsidered and
struck out the amendment. Volume II, section 1493.
The Senate having added certain revenue amendments to a nonrevenue
House bill, the House ordered the bill to be returned to the Senate.
Volume II, section 1495.
In 1874 the House declined to take issue with the Senate over an
amendment of that body authorizing certain Government obligations.
Volume II, section 1490.
PREROGATIVES--Continued.
(12) Of the House of Representatives.--As to Revenue Legislation--
Continued.
The House having questioned a Senate amendment providing a tax on
incomes on a non-revenue bill, the Senate withdrew the amendment.
Volume II, section 1486.
In 8130 a bill affecting the revenue was presented in the Senate and
withdrawn after a discussion of the constitutional question. Volume II,
section 1482.
A bill to abolish a duty was refused consideration in the Senate, one
objection being that the Senate had no right to originate such a
measure. Volume II, section 1483.
Every instances of Senate and House participation in revenue
legislation. Volume II, section 1484.
Instances wherein the Senate has acquiesced in the constitutional
requirement as to revenue bills while holding to a broad power of
amendment. Volume II, sections 1497-1499.
In 1872 the House and Senate, after discussion, disagreed as to
limitations of Senate amendments to a revenue bill of the House. Volume
II, section 1489.
In 1807 the House refused to agree to Senate amendments enlarging the
scope of a revenue bill. Volume II, section 1481.
In 1889 Senate amendments to a House revenue bill were questioned in
the House as an infringement of the House's privilege. Volume II,
section 1496.
Instance wherein a Senate amendment affecting the revenue was not
objected to until the stage of conference. Volume II, section 1492.
Volume VI, section 314.
In 1883 the House raised but did not press a question as to certain
Senate amendments relating to the revenue. Volume II, section 1491.
Instance wherein the House referred to the managers of a conference the
examination of the question whether or not the Senate amendments in
disagreement invaded the House's prerogative of originating revenue
bills. Volume V, section 6405.
In 1883 the House did into inform the Senate of the Act that it had
instructed its managers of a conference to consider an alleged invasion
of the House's prerogatives by the Senate amendments in disagreement.
Volume V, section 6406.
It is for the House and not the Speaker to decide whether or not a
Senate amendment on the subject of revenue violates the privileges of
the House. Volume II, section 1320.
An alleged invasion by the Senate of the House's constitutional
prerogative of originating revenue legislation has been held in the
later practice to present a question of privilege. Volume III, sections
2559-2562.
A question relating to the invasion of the constitutional prerogatives
of the House by a Senate amendment comes too late after the bill has
been sent to conference. Volume VI, section 314.
Discussion of differentiation between bills for the purpose of raising
revenue and bills which incidentally raise revenue. Volume VI, section
315.
A bill raising revenue incidentally was hold not to infringe upon the
constitutional prerogative of the House to originate revenue
legislation. Volume VI, section 315.
Decision by the Senate holding a bill proposing a gasoline tax in the
District of Columbia to be a revenue producing measure and that under
the Constitution it should originate in the House. Volume VI, section
316.
A bill proposing an increase in rates of postage is a revenue bill
within the constitutional requirement as to revenue bills. Volume VI,
section 317.
The Senate having passed a bill with incidental provisions relating to
revenue, the House returned the bill, holding it to be an invasion of
constitutional prerogative. Volume VI, section 317.
A point of order that a Senate bill proposing an increase to postage
rates contravened the prerogative of the House was not sustained by the
Senate. Volume VI, section 317.
The question of the constitutional right of the House to originate
revenue measures in properly raised at any time after the measure
infringing the right has been messaged to the House. Volume VI, section
318.
PREROGATIVES--Continued.
(12) Of the House of Representatives.--As to Revenue Legislation--
Continued.
The House, while disclaiming the establishment of a precedent, sent to
conference a bill declared to involve a question of infringement of the
constitutional prerogative of the House in the origination of revenue
legislation. Volume VI, section 318.
In 1930 the House insisted on its exclusive right to originate revenue
measures and returned to the Senate a Senate concurrent resolution
characterized as an infringement on its constitutional prerogative.
Volume VI, section 319.
Instance wherein the Senate declined to consider a bill consider a bill
challenged as an infringement on the right of the House to originate
revenue measures. Volume VI, section 320.
Discussion of the right of the House to originate revenue legislation.
Volume VI, section 321.
Instance wherein proposed Senate amendments to a revenue bill were
questioned in the House as an invasion of the constitutional
prerogatives in relation to revenue legislation. Volume VI, section
322.
(13) Of the House of Representatives.--Power of Investigation.
The power of inquiry as related to the power of impeachment. Volume II,
section 1596.
Having the constitutional right to concur in appropriating the public
money, the House has exercised also the right to examine the
application of those appropriation. Volume III, section 1730.
The House of Representatives having appointed a committee to inquire
into the conduct of the President of the United States, and the
President having protested, the House insisted on its right so to do.
Volume II, section 1596.
The House very early overruled the objection that its inquiry into the
conduct of clerks in the Executive Departments would be an infringement
on the Executive power. Volume III, section 1729.
In 1810 the House, after mature consideration, determined that it had
the right to investigate the conduct of General Wilkinson, although he
was not an officer within the impeaching power of the House. Volume
III, section 1727.
In 1861 the two House by concurrent action assumed without question the
right to investigate the conduct of the war. Volume III, section 1728.
The right to coerce the attendance of witnesses in an inquiry for
legislative purposes was discussed in the Hyatt case. Volume III,
section 1722.
In 1876, after examination and discussion, the House declared its right
through a subpoena duces tecum to compel the production of books,
papers, and especially telegrams. Volume III, section 1812.
A subject being within the power of the House to investigate, it was
held that State officers might not decline to produce records on the
pea that they possessed them in their official capacities. Volume III,
section 1698.
Discussion of the effect of a State law as a limitation on the right of
the House to investigate. Volume III, section 1696.
Reference to inquiry as to existence of a republican form of government
in a State. Volume I, section 346.
The House does not possess the general power to inquire into the
private affairs of the citizen. Volume II, section 1611.
The general authority of the House to compel testimony and the
production of papers in an investigation and the relation of this right
to the rights of individuals to privacy in business affairs were
discussed in 1837. Volume III, section 1733.
In authorizing an investigation of the Bank of the United States in
1832 a distinction was drawn between the public relations of the bank
to the Government and its dealings with private individuals. Volume
III, section 1731.
In 1834 the directors of the Bank of the United States resisted the
authority of the House to compel the production of books of the bank
before an investigating committee. Volume III, section 1732.
PREROGATIVES--Continued.
(13) Of the House of Representatives.--Power of Investigation--
Continued.
An inquiry as to the integrity of Senators was held to be within the
power of the Senate, and questions relating thereto were not
unreasonable intrusions into the affairs of the citizen. Volume II,
section 1614.
Discussion of the extent of the Senate's power of investigation. Volume
III, section 1722.
(14) Of the House of Representatives.--Inquiries of the Executive.
The House declared in 1796 that its constitutional requests of the
Executive for information need not be accompanied by a statement of
purposes. Volume II, section 1509.
The House has requested the President to lay before it information as
to the carrying out and the violation of treaties, and the information
has been furnished. Volume II, sections 1510, 1511.
In 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.
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 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.
President Grant declined to answer an inquiry of the House as to
whether or not he had performed any executive acts at a distance from
the seat of government. Volume III, section 1889.
President Jackson declined to furnish to the Senate a copy of a paper
purporting to have been read by him to the heads of the Executive
Departments. Volume III, section 1887.
In 1886 the refusal of the Attorney-General to transmit certain papers
called for by the Senate led to a discussion of prerogatives and a
declaration by the Senate. Volume III, section 1894.
The House having asserted its right to direct the heads of the
Executive Departments to furnish information, the Secretary of War
returned an answer to a portion of the inquiry, declining to respond to
the remainder. Volume III, section 1886.
In 1842 the House vigorously asserted and President Tyler as vigorously
denied the right of the House to all papers and information in
possession of the Executive relating to subjects over which the
jurisdiction of the House extended. Volume III, sections 1884, 1885.
The Postmaster-General having responded to an inquiry in a manner
considered is respectful, the Senate referred the matter to the
President, whereat an explanation was forthcoming. Volume III, section
1906.
The Senate returned to the Secretary of the Navy an impertinent
document transmitted in response to an inquiry. Volume III, section
1907.
Even in the case of an application for papers relating to an Indian
treaty President Jackson asserted the Executive prerogative as opposed
to the contention of the House. Volume II, section 1534.
(15) Of the House of Representatives.--As to Executive Appointments
The power of appointment to office belongs to the President, and
Congress by law may not declare one an officer who is not such in fact.
Volume II, section 1595.
PREROGATIVES--Continued.
(15) Of the House of Representatives.--As to Executive Appointments--
Continued.
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.
(16) Of the House of Representatives.--As to Treaty-making Power in
General.
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 constitutional
intrusted to Congress. Volume II, section 1506.
In 1820 the House considered, but without result, its constitutional
right to a vote 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, section 1508.
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.
Discussion of the right of the House to share in the treaty-making
power. Volume II, section 1509. Volume VI, section 324.
Discussion of the prerogatives of the House in relation to treaties,
commercial and otherwise. Volume II, sections 1546, 1547.
Discussion of the prerogatives of the House as to treaties.--On May 16,
1922, Mr. Theodore E. Burton, of Ohio, discussed at length the
constitutional prerogatives of the House as to international treaties.
Volume VI, section 325.
Discussion of the prerogatives of the House as to treaties, commercial
and otherwise, and its obligation in the enactment of supplementary
legislation. Volume VI, section 326.
Instances of the action of the House in carrying into effect,
terminating, enforcing, and suggesting treaties. Volume II, sections
1502-1505.
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 1909 the House originated and the Senate agreed to, a resolution
requesting the President to negotiate by treaty or otherwise with a
foreign government. Volume VI, section 323.
In 1881 the House Committee on Foreign Affairs, discussing the treaty-
making power, concluded that the House had no share in it. Volume II,
section 1525.
After long discussion the House, in 1871, successful asserted its right
to a voice in approving Indian treaties. Volume II, sections 1535,
1536.
(17) Of the House of Representatives.--As to Revenue Treaties
After long and careful consideration the Judiciary Committee of the
House decided, in 1887, that the executive branch of the Government
might not conclude a treaty affecting the revenue without the assent of
the House. Volume II, sections 1528-1530.
The question raised in the House as to whether a treaty modifying or
repealing laws providing for revenue may be negotiated without action
on the part of the House. Volume VI, section 324.
In 1884 and 1886 the Ways and Means Committee assumed that the right of
the House to a voice in making treaties affecting the revenue had been
conceded. Volume II, sections, 1526, 1527.
In 1880 the House declared that the negotiation of a treaty affecting
the revenues was an invasion of its prerogatives. Volume II, section
1524.
PREROGATIVES--Continued.
(17) Of the House of Representatives.--As to Revenue Treaties--
Continued.
The House has at times advised the Executive in regard to treaties
affecting the revenue. Volume II, sections 1520-1522.
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.
Argument that the treaty-making power is subject to the authority and
power to originate revenue legislation specifically delegated by the
Constitution to the House. Volume VI, section 324.
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.
Discussion of the prerogatives of the Senate as to treaties affecting
customs duties. Volume II, section 1531.
Discussion by a Senate committee as to the jurisdiction of the Senate
over revenue treaties. Volume II, section 1533.
Reference to discussion in the Senate over right of the House to a
voice in making treaties affecting the revenue (footnote). Volume II
section 1528.
Alleged infringement by the treaty-making power on the constitutional
right of the House to originate revenue measures presents a question of
privilege. Volume III, section 2564.
(18) Of the House of Representatives.--As to Foreign Relations in
General.
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 in the recognition of new powers as in other matters.''
Volume II, section 1539.
Arguments in the Senate that the power of recognizing foreign
governments is vested in the President. Volume II, section 1545.
The joint resolution of 1898 declaring the intervention of the United
States to remedy conditions existing in the island of Cuba originated
in the House. Volume II, section 1540.
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, 1647.
An authorization of diplomatic relations with a foreign nation
originated in the House in 1882. Volume II, section 1549.
Congratulations of the House on the adoption of a republican form of
government by Brazil. Volume II, section 1550.
In 1868 the House declined to assert that no purchase of foreign
territory might be made without the sanction of a previously enacted
law. Volume II, section 1508.
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.
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.
The participation by the United States in a World Court of
International Justice is a subject within the jurisdiction of the
Committee on Foreign Affairs. Volume VI, section 326.
PREROGATIVES--Continued.
(18) Of the House of Representatives.--As to Foreign Relations in
General--Continued.
Instance wherein the House declared its attitude on a question of
foreign policy and expressed its readiness to participate in the
enactment of legislation relative thereto. Volume VI, section 326.
While conceding that its prerogative relative to participation in
foreign relations has not been definitely established, the House
asserted its right to originate legislation relating to foreign affairs
upon which the injunction of secrecy is not imposed and questions
appertaining to an international judiciary in particular. Volume VI,
section 326.
In 1920 the Senate requested that concurrence of the House in a
resolution proposing to restrict the power of the President in the
negotiation of foreign affairs. Volume VI, section 327.
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.
In 1916 the House originated and the Senate agreed to a measure
authorizing the President to invite a conference of Governments of the
world to consider the establishment of a Court of Arbitration. Volume
VI, section 329.
(19) Of the House of Representatives.--As to the Election of President
and Vice-President.
Provisions of the Constitution governing proceedings of the House in
electing a President. Volume III, section 1981.
Precedents of the House and Senate in relation to notifying the
President-elect and Vice-President-elect of their elections. Volume
III, section 2000.
In 1877 the privileges, powers, and duties of the two Houses,
respectively, in connection with the electoral count were carefully
examined. Volume III, section 1953.
The House by formal resolutions declared that there was no power in
Congress or elsewhere to revise or change the result arrived at in the
joint meeting for counting the electoral vote of 1877. Volume III,
sections 1924, 1925.
A bill related to the constitutional functions of the House in the
counting the electoral vote was held to be highly privileged. Volume
II, section 2578.
References to the early agitation in the House for a voice in making
arrangements for the inauguration of President. Volume III, section
1996.
(20) Of the House of Representatives.--Declarations by.
Declaration of the House as to third term of a President. Volume II,
section 1568.
An opinion of the Attorney-General that neither House may by resolution
give a construction to an existing law which would be of binding effect
on an executive officer. Volume II, section 1580.
(21) Of the House of Representatives.--Administration of Oaths.
In the Blount impeachment case the House seems to have distrusted its
power to authorize the Speaker to administer oaths. Volume III, section
2294.
Discussion as to the competency of the Senate to empower one of its
officers to administer oaths. Volume III, section 2162.
(22) Of the House of Representatives.--Conferences as to.
The two Houses being at variance over a question of constitutional
prerogative, the differences were submitted to a committee of
conference. Volume II, section 1495.
There being a difference between the two Houses as to the right of the
Senate to originate a revenue bill, the subject was committed to a
conference. Volume II, sections 1487, 1488.
Instance of a conference over the prerogatives of the two Houses
respecting revenue legislation. Volume II, section 1485.
On a conference relating to the prerogatives of the two Houses, all the
conferees were selected to represented the attitude of the majority of
the House. Volume V, section 6338.
PREROGATIVES--Continued.
(23) Of the House of Representatives.--In General.
It is for the House and not the speaker to determine whether or not a
proposed action is within the constitutional power of the House. Volume
IV, section 3507.
As to time of making points of order on constitutional questions.
Volume II, section 1322.
The House has insisted on its right to determine the compensation of
its own officers and employees. Volume V, sections 7241, 7242.
Neither House may exercise any authority over a Member or officer of
the other, but may complain to the other House. Volume V, section 5095.
Discussion as to the clause of the Constitution under which Federal
supervisors of elections acted. Volume II, section 931.
The Constitution requires election of Representatives by the people,
and State authorities may not determine a tie by lot. Volume I, section
775.
(24) Of the Chief Justice Presiding at an Impeachment Trial.
When the President of the United States is impeached the Chief Justice
of the Supreme Court presides. Volume III, section 2082.
The Senate, in its rules, has refrained from prescribing an oath for
the Chief Justice when he presides at an impeachment trial. Volume III,
section 2079.
Written dissent of the Chief Justice from views taken by the Senate as
to its constitutional functions at an impeachment trial. Volume III,
section 2057.
In the Johnson trial the articles of impeachment were presented before
the Chief Justice had taken his seat, although he had filed his written
dissent from such procedure. Volume III, section 2057.
Discussion as to whether or not the Chief Justice presiding at an
impeachment trial is entitled to vote. Volume III, section 2098.
During the Johnson trial Chief Justice Chase gave a casting vote on
incidental questions, and the Senate declined to declare his incapacity
to vote. Volume III, section 2067.
An anxiety lest the Chief Justice might have a vote seems to have led
the Senate to drop the words ``high court of impeachment'' from its
rules. Volume III, section 2057.
Discussion of the functions of the Chief Justice in decisions as to
evidence in an impeachment trial. Volume III, section 2084.
(25) Of Congress as to Meeting and Adjourning.
Instances wherein Congress has been convened by proclamation or by law.
Volume I, sections 10, 11.
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.
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 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.
The First Congress having met once in each of its two years of
existence, a doubt existed as to whether or not it would legally meet
again on the day appointed by the Constitution. Volume I, section 5.
In 1797 the Congress assembled on the day constitutionally provided by
law, although it had already held a session that year. Volume I,
sections 6-9.
Instance wherein Congress in adjourning fixed by resolution the time of
meeting of the next session on the constitutional day. Volume I,
section 5.
The First Congress by law appointed for its second meeting a day later
than the day fixed by the Constitution. Volume I, section 5.
In the later view an existing session ends with the day appointed by
the Constitution for the regular annual session. Volume II, section
1160.
PREROGATIVES--Continued.
(25) Of Congress as to Meeting and Adjourning--Continued.
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.
Reference to discussion of the constitutional power of the President to
adjourn Congress in a certain contingency (footnote). Volume I, section
12.
Discussion as to whether or not there is a distinction between a
session called by the President and other sessions of Congress
(footnote). Volume I, section 12.
(26) Of State Legislatures.--As Related to Congress.
Discussion of the powers of Congress and the States as to fixing the
times, places, and manner of elections. Volume I, sections 311, 313.
Discussion of the respective powers of Congress and the States in
establishing Congressional districts. Volume I, section 310.
Is the establishing of districts an exercise of the power of regulating
the times, places, and manner of elections? Volume I, section 310.
The House declined to interfere with the act of a State in changing the
boundaries of a Congressional district. Volume I, section 313.
(27) Of State Legislatures.--As Related to State Constitutions.
Argument that right of a State to regulate time, place, and manner is
derived from the Federal and not the State constitution. Volume II,
section 947.
Reference to the principle that in exercise of the powers conferred by
the Federal Constitution the State legislature is not controlled by the
State constitution. Volume II, section 1133.
The constitution of a State may not control its legislature in fixing,
under the Federal Constitution, the time of election of Congressmen.
Volume I, section 525.
A legislature being in existence, a constitutional convention may not
fix the times, etc., of elections of Representatives. Volume I,
sections 363, 367.
Discussion as to the power of a State convention to fix the time for
election of Representatives in Congress when the legislature had
already acted. Volume I, section 522.
(28) Of State Legislatures.--In Electing Senators.
A State legislature may not revise a decision of the United States
Senate that two persons have been duly elected Senators. Volume I,
section 546.
No State may prescribe qualifications for a United States Senator in
addition to those prescribed by the Federal Constitution. Volume I,
section 632.
A legislature is not precluded from its constitutional power to elect a
Senator by the fact that it may not do so on the date fixed by law.
Volume II, section 955.
In electing a Senator the State legislature acts under authority of the
Federal Constitution, and a State constitution and laws conflicting
therewith are void. Volume I, section 632.
(29) Of the President of the United States.
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.
Reference to questions arising in the Senate as to recess appointments
in a case wherein one session followed its predecessor immediately.
Volume V, section 6693.
At the time of President Johnson's impeachment it was agreed that he
should be described as President and not as Acting President. Volume
III, section 2415.
At the time of the impeachment of President Johnson it was conceded
that he was entitled to exercise the duties of the office until
convicted by the Senate. Volume III, section 2407.
Reference to argument of Senator Charles Sumner that President Johnson
should be suspended during impeachment proceedings. Volume III, section
2407.
PREROGATIVES--Continued.
(29) Of the President of the United States--Continued.
The Senate having adopted a resolution advising the Executive as to
matters within the sphere of his duties, the latter in a statement to
the press announced that no official recognition would be accorded it.
Volume VI, section 331.
In cases where its investigations have suggested the culpability of
executive officers, the Senate has by resolution submitted advice or
suggestions to the Executive. Volume VI, section 331.
PRESENT.
A Member who has answered ``present'' on a roll call may change the
answer to ``yea'' or ``nay,'' but the Speaker may not entertain the
request of a Member who has not answered at all to record his vote.
Volume V, section 6060.
PRESENTATIONS.
Ceremonies at the presentation of various gifts to Congress. Volume V,
sections 7101-7104.
Ceremonies at the presentation of portraits of ex-Speakers. Volume V,
sections 7065-7069.
The sword of Washington and the staff of Franklin were presented to
Congress with addresses by Members. Volume V, section 7100.
The House, by resolution, accepted the gift of a flag made of American
silk. Volume V, section 7105.
A letter from a foreign artist, presenting to Congress a bust of
Lafayette, was communicated to the House by message from the President
and with that message appears in the Journal. Volume V, section 7106.
Instances wherein Members of the House, by private subscription, made
presentations to colleagues and others. Volume VIII, section 3519.
PRESENTS.
Presents to the President or other officers were formerly placed at the
disposal of Congress. Volume II, sections 1588, 1589.
PRESIDENT OF THE SENATE.
A bill passed notwithstanding the objections of the President is sent
by the Presiding Officer in the House which last acts on it to the
Secretary of State for preservation. Volume IV, section 3524.
The Speaker and President of the Senate have discretion as to the use
of the Capitol grounds for processions, assemblies, music, and speeches
on occasions of national interest. Volume V, section 7312.
The statutes provide for transmitting the certificates of the action of
the electors in each State to the President of the Senate. Volume VIII,
section 1916.
The President of the Senate is the Presiding Officer of the joint
meeting for the count of the electoral votes. Volume VIII, section
1918.
The President of the Senate preserves order in the joint meeting for
the count of the electoral votes. Volume VIII, section 1921.
Certificates of the votes of the electors in the several States for
President and Vice-President are transmitted to the President of the
Senate, who may, in case of delay, send for them. Volume VIII, section
1917.
At the conclusion of the electoral count the President of the Senate
merely announces the state of the vote, which, with the list of the
votes, is entered on the Journals of the two Houses. Volume VIII,
section 1918.
PRESIDENT OF THE UNITED STATES. See also ``Election of President,''
``Electoral Count,'' ``Inquiry,'' and ``Vetoed bills.''
(1) Messages of.--Transmittal of, a constitutional function.
(2) Messages of.--Confidential.
(3) Messages of.--Reception of.
PRESIDENT OF THE UNITED STATES--Continued.
(4) Messages of.--Laying before the House, reading, and printing.
(5) Messages of.--Distribution and reference of an annual or general
message.
(6) Messages of.--Reference of an ordinary or special message.
(7) Messages of.--In general.
(8) Communications with.--Old practice of the annual speech.
(9) Communications with.--Old practice of addresses to.
(10) Communications with.--Cabinet officers not called to the House.
(11) Communications with.--Cabinet officers before committees.
(12) Communications with.--General principles as to inquiries.
(13) Communications with.--Refusal to respond to inquiries.
(14) Communications with.--Inquiries as to treaties and foreign
relations.
(15) Bills.--Requirements as to presentation to.
(16) Bills.--Manner of presentation to.
(17) Bills.--Approval of.
(18) Bills.--Recall and correction of bills already transmitted.
(19) Convening of Congress by.
(20) Adjourning of Congress.
(21) Notification of, as to organization of the House.
(22) Notification of, as to adjournments.
(23) Requests of or directions to.
(24) Advice to, by the House.
(25) Praise or censure of.
(26) Prerogatives of.--Power of appointment to office.
(27) Prerogatives of.--Appointment of Members to office.
(28) Prerogatives of.--As to treaties in general.
(29) Prerogatives of.--As to revenue treaties.
(30) Prerogatives of.--As to other foreign relations.
(31) Investigations as related to authority of.
(32) Impeachment of.
(33) Questions of privilege relating to.
(34) References to, in debate.
(35) Inauguration of.
(36) Decease of.
(37) In general.
(1) Messages of.--Transmittal of, a Constitutional Function.
The Constitution provides that the President shall from time to time
give Congress information of the state of the Union and make
recommendations. Volume V, section 6612.
A message from the President is usually communicated to both Houses on
the same day when its nature permits. Volume V, section 6590.
A message from the President is usually communicated to both Houses on
the same day, but an original document accompanying can of course be
sent to but one House. Volume V, sections 6616, 6617.
Origin of the practice as to the transmission and reception of messages
from the President of the United States. Volume V, section 6613.
(2) Messages of.--Confidential.
As late as 1843 the President transmitted a message in part
confidential. Volume V, section 7255.
When messages of a confidential nature were received from the President
or Senate the House went into secret session. Volume V, sections 7251,
7252.
A rule, not invoked for many years, provides for secret sessions of the
House whenever the President may and send a confidential message or the
Speaker or any Member may announce that he has a confidential
communication to present. Volume V, sections 7247, 7248.
PRESIDENT OF THE UNITED STATES--Continued.
(2) Messages of.--Confidential--Continued.
The Speaker may not treat as confidential official communications
received from the heads of executive departments. Volume VI, section
434.
(3) Messages of.--Reception of.
The ceremony of receiving a messenger from the President of the United
States in the House. Volume V, section 6591.
A message from the President is received during consideration of a
question of privilege, but does not displace the pending business.
Volume V, sections 6640-6642.
Messages sent to the House by the President before its organization
have been retained in custody of the Clerk, but have not been read.
Volume V, sections 6647-6649.
No officer or agent of either House has authority to receive returned
bills or messages from the President for delivery at the next session.
Volume VII, section 1115.
The reception of a message from the President or the other house is not
the transactions of business and does not require the presence of a
quorum. Volume VIII, section 3339.
The reception of a message from the President or the Senate is not the
transaction of business. Volume V, section 6600.
The President was allowed to withdraw papers included with a message by
inadvertence. Volume V, section 6651.
An instance wherein a message from the President to the House of one
Congress was received by the House of the next and laid on the table.
Volume V, section 6645.
(4) Messages of.--Laying Before the House, Reading, and Printing.
Messages of the President are regularly laid before the House only at
the time prescribed by the order of business. Volume V, sections 6635-
6638.
Messages from the President are laid before the House on the day on
which received at a convenient time within the discretion of the
Speaker. Volume VIII, section 3341.
Under the later practice message from the President are laid before the
Hose on Calendar Wednesday by unanimous consent or on motion to
dispense with proceedings in order on that day. Volume VII, section
913.
The laying before the House of a message from the President was held
not to be business within the terms of a special order restricting the
transaction of business, but being objected to, was no insisted upon.
Volume VII, section 761.
At an informal rising of the Committee of the Whole a message from the
President of the United States may be laid before the House only by
unanimous consent. Volume IV, section 4787.
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.
While a question of privilege is pending the reading of a message of
the President is in order only by unanimous consent. Volume V, section
6639.
The reading of a message from the President having been presented in
the closing hours of a session, it was read at the beginning of the
next session of the same Congress. Volume V, section 6646.
Messages from the Senate and President giving notice of bills passed or
approved are entered in the Journal and published in the Record. Volume
V, section 6593.
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.
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.
While a message of the President is always printed in the Congressional
Record the accompanying documents are not printed. Volume V, section
6963.
PRESIDENT OF THE UNITED STATES--Continued.
(5) Messages of.--Distrubtion and Reference of an Annual or General
Message.
The President's annual message is usually referred by the House to the
Committee of the Whole House on the state of the Union. Volume V,
section 6631.
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,
section 3348.
A message from the President dealing with questions within the
jurisdiction of several committees may be divided for reference and
each subject referred to its appropriate committee. Volume VIII,
section 3349.
Formerly the annual message of the President was distributed by
resolution to the committees having jurisdiction, but since he first
session of the Sixty-fourth Congress the practices has been
discontinued. Volume VIII, section 3350.
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.
While the President's annual message is usually referred entire to the
Committee of the Whole at once, yet a portion of it has been referred
to a select committee. Volume V, section 6628.
The Committee of the Whole, in distributing the President's message,
may refer portions to a standing or select committee with instruction.
Volume V, sections 6626, 6627.
The Committee of the Whole, having under consideration the President's
message, may report in part recommending a resolution for adoption.
Volume V, section 6625.
Form of resolutions for the distribution of the President's annual
message. Volume V, sections 6621, 6622.
The resolutions distributing the President's annual message are within
the jurisdiction of the Committee on Ways and Means. Volume IV, section
4030.
The resolutions distributing the President's annual message are
reported by the Committee on Ways and Means. Volume V, section 6621,
6622.
The reference of a message from the President to committees may be
changed by unanimous consent. Volume VIII, section 3351.
(6) Messages of.--Reference of an Ordinary or Special Message.
Messages from the President and communications from the heads of
Departments and from other sources are referred from the Speaker's
table. Volume IV, section 3089.
Messages of the President other than the annual messages are usually
referred to standing committees at once, even in matters of great
importance (footnote). Volume V, section 6621.
A motion to refer a presidential message is privileged. Volume VIII,
section 3348.
While the annual message of the President is customarily referred by
the House, special message usually are referred by the Speaker, but it
has been held that any Member may object and offer a motion for a
different reference. Volume VIII, section 3348.
Messages of the President when not referred on motion from the floor
are referred to the appropriate committee by the Speaker. Volume VIII,
section 3347.
Special messages from the President touching on one subject only are
referred ordinarily by the Speaker without motion from the floor.
Volume VIII, section 3346.
Ordinary messages of the President are referred without debate, usually
by the Speaker, but sometimes by the House itself. Volume V, section
6631.
A message of the President is usually referred by direction of the
Speaker, but a Member may move a reference. Volume IV, section 4053.
The House may refer a message of the President to a select committee,
and may specify its number, instruct it, and give it power to send for
persons and papers. Volume V, sections 6633, 6634.
PRESIDENT OF THE UNITED STATES--Continued.
(6) Messages of.--Reference of an Ordinary or Special Message--
Continued.
Instance wherein the House referred a message of the President. Volume
IV, section 4216.
In 1858 the House declined to refer a message of the President relating
to Kansas to the Committee on Territories, and referred it to a select
committee, with instructions, Volume IV, section 4518.
A message from President Monroe asking for an adjustment of certain
personal claims was referred to a select committee, with instructions.
Volume V, section 6632.
(7) Messages of.--In General.
It has ordinarily been considered a mark of disapprobation to lay a
message of the President on the table. Volume V, sections 6643, 6644.
The President may notify Congress by message of the promulgation of the
ratification of a constitutional amendment. Volume V, section 7044.
A communication from a foreigner to the House is properly transmitted
through the Executive. Volume V, section 6662.
Petitions from foreigners are properly transmitted through the
Executive. Volume IV, sections 3336-3340.
The President having transmitted to the House a message reflecting on
the integrity of its membership, the House declared it a breach of
privilege and ordered it laid on the table. Volume IV, section 330.
The President of the United States transmitted to the Senate a letter
impeaching the conduct of a Senator. Volume II, section 1263.
The impeachment proceedings against Judge Pickering were set in motion
by a message from the President. Volume III, section 2319.
A concurrent resolution providing for a joint session to receive the
President's message was held to be of the highest privilege. Volume
VIII, section 3335.
Ceremonies at the delivery of a speech of the President of the United
States to Congress. Volume VIII, section 3333.
A member rising to interrogate the President during the delivery of a
message before a joint session of the two Houses would address the
President and not the Speaker. Volume VIII, section 3337.
(8) Communications With.--Old Practice of the Annual Speech.
In early years the President made a speech to the Congress, and the
House attended the Speaker in presenting the address in reply. Volume
II, section 1139.
Ceremonies at the delivery of an annual speech of the President of the
United States to Congress. Volume V, section 6629.
In 1801 President Jefferson discontinued the custom of making an annual
speech to Congress and transmitted the first annual message. Volume V,
section 6629.
President Madison declined a conference with a committee of the Senate.
Volume V, section 6630.
(9) Communications With.--Old Practice of Addresses to.
Form decided on by the two Houses for addressing the President of the
United States (footnote). Volume V, section 6629.
In response to the President's annual speech the Speaker, attended by
the House, used to deliver an address. Volume V, section 6629.
A joint rule formerly prescribed the method of presenting a joint
address of the two Houses to the President. Volume V, section 6630.
(10) Communications With.--Cabinet Officers not Called to the House.
The House decided early in its history that the Secretaries of the
President's Cabinet should not be called to give information personally
on the floor of the House. Volume III, section 1880.
The proposition to have the heads of the Executive Departments occupy
seats on the floor and participate in the proceedings. Volume II,
section 1587.
PRESIDENT OF THE UNITED STATES--Continued.
(11) Communications With.--Cabinet Officers Before Committees.
Members of the President's Cabinet appear before committees of the
House and give testimony. Volume III, sections 1881-1883.
(12) Communications With.--General Principles as to Inquiries.
The privilege of resolutions of inquiry applies to those addressed to
the President of the United States. Volume III, section 1864.
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.
The clause ``if not, in his judgment, incompatible with the public
interest,'' is generally used by the Senate in resolutions of inquiry
directed to the President. Volume III, sections 1902, 1903.
It has been considered proper to use the word ``request'' in asking for
information from the President, and ``direct'' in addressing the heads
of Departments. Volume III, section 1895.
An early instance wherein a resolution making inquiry of the President
of the United States contained the condition ``if not incompatible with
the public interest.'' Volume V, section 5759.
As to the use of the words ``request'' and ``direct'' in resolutions of
inquiry addressed to the Executive (footnote). Volume III, section
1856.
In some instances the House has made its inquiries of the President
without condition, and has even made the inquiry imperative. Volume
III, sections 1896-1901.
The House declared in 1796 that its constitutional requests of the
Executive for information need not be accompanied by a statement of
purposes. Volume VII, section 1509.
The President having failed to respond to a resolution of inquiry, the
House respectfully reminded him of the fact. Volume III, section 1890.
A demand that the head of an Executive Department transmit a more
complete reply to a resolution of inquiry may not be presented as a
matter of privilege. Volume III, section 1892.
A proposition to investigate whether or not the head of an Executive
Department had failed or declined to respond to an inquiry of the House
was held not to be a matter of privilege. Volume III, section 1893.
The House, after debate, called on the President for a list of
appointments of Members of Congress to offices (footnote). Volume III,
section 1864.
A letter from the head of an Executive Department responding to a
resolution of inquiry is not printed in full in the Journal, but a
brief summary of its contents is printed. Volume IV, section 2858.
A discussion in the Senate as to its powers in calling for papers from
the President. Volume III, sections 1902, 1903.
Discussion in the Senate as to the practice of requiring information
from the heads of Departments and requesting it of the President.
Volume III, section 1904.
Discussion of the status of the Department of State in relation to
resolutions of inquiry. Volume III, section 1905.
(13) Communications With.--Refusal to Respond to Inquiries.
The head of a Department having declined to respond to an inquiry of
the House, a demand for a further answer was entertained as a matter of
privilege. Volume III, section 1891.
The House having asserted its right to direct the heads of the
Executive Departments to furnish information, the Secretary of War
returned an answer to a portion of the inquiry, declining to respond to
the remainder. Volume III, section 1886.
In 1842 the House vigorously asserted and President Tyler as vigorously
denied the right of the House to all papers and information in
possession of the Executive relating to subjects over which the
jurisdiction of the House extended. Volume III, sections 1884, 1885.
PRESIDENT OF THE UNITED STATES--Continued.
(13) Communications With.--Refusal to Respond to Inquiries--Continued.
President Grant declined to answer an inquiry of the House as to
whether or not he had performed any executive acts at a distance from
the seat of government. Volume III, section 1889.
On request President Johnson furnished to the House the minutes of a
meeting of the Cabinet. Volume III, section 1888.
President Jackson declined to furnish to the Senate a copy of a paper
purporting to have been read by him to the heads of the Executive
Departments. Volume III, section 1887.
In 1886 the refusal of the Attorney-General to transmit certain papers
called for by the Senate led to a discussion of prerogatives and a
declaration by the Senate. Volume III, section 1894.
The Postmaster-General having responded to an inquiry in a manner
considered disrespectful, the Senate referred the matter to the
President, whereat an explanation was forthcoming. Volume III, section
1906.
In 1837 a committee discussed the authority of the House in calling for
papers from the Executive Departments and the kind of papers properly
subject to its demand. Volume III, section 1738.
Discussion of the right of the House to demand papers from a public
officer. Volume III, section 1700.
Discussion as to the use of the subpoena duces tecum in procuring
papers from public officers. Volume III, section 1700.
(14) Communications With.--Inquiries as to Treaties and Foreign
Relations.
The House has requested the President to lay before it information as
to the carrying out and the violation of treaties and the information
has been furnished. Volume II, sections 1510, 1511.
In 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.
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 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.
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.
Even in the case of an application for papers relating to an Indian
treaty President Jackson asserted the Executive prerogative as opposed
to the contention of the House. Volume II, section 1534.
After full discussion of its relations to the Executive, the House
inserted a qualifying clause in its request for information as to
certain foreign relations. Volume II, section 1547.
(15) Bills.--Requirements as to Presentation to.
Every bill which has passed the two Houses is presented to the
President for his signature if he approve. Volume IV, section 3482.
In general orders, resolutions, and votes in which the concurrence of
the two Houses is necessary must be presented to the President on the
same condition as bills. Volume IV, section 3482.
The question as to whether or not concurrent resolutions should be sent
to the President for his signature. Volume IV, section 3484. Volume
VII, section 1084.
Although the requirement of the Constitution seems specific, the
practice of Congress has been to present to the President for approval
only such concurrent resolutions as are legislative in effect. Volume
IV, section 3483.
PRESIDENT OF THE UNITED STATES--Continued.
(15) Bills.--Requirements as to Presentation to--Continued.
A concurrent resolution providing for final adjournment of the two
Houses is not presented to the President for approval. Volume IV,
section 3482.
It has been conclusively settled that a joint resolution proposing an
amendment to the Constitution should not be presented to the President
for his approval. Volume V, section 7040.
Joint resolutions proposing amendments to the Constitution, although
not requiring the approval of the President, have their several
readings and are enrolled and signed by the Speaker (footnote). Volume
V, section 7029.
The President requested a duplicate copy of a bill, lost after
transmission to him, by a message addressed to the House in which the
bill originated. Volume VII, section 1093.
(16) Bills.--Manner of Presentation to.
The rule and practice as to the enrolling and signing of bills and
their presentation to the President. Volume IV, section 3429.
The certification and presentation of enrolled bills to the President
is governed by usage founded on former joint rules. Volume IV, section
3430.
The method of presenting bills to the President of the United States
has been considered but not settled by either law or rule. Volume IV,
section 3494.
The old rule prohibiting the sending of bills from one House to the
other and to the President in the last hours of a Congress did not
operate well in practice (footnote). Volume IV, section 3487.
Enrolled bills are presented to the President by the Committee of
Enrollment. Volume IV, section 3429.
It has long been the practice for the chairman of the Committee on
Enrolled Bills to present bills to the President of the United States
for his signature. Volume IV, section 3493.
In early days a joint committee took enrolled bills to the President of
the United States. Volume IV, section 3432.
The Committee on Enrolled Bills reports, for entry on the Journal, the
date of presentation of bills to the President. Volume IV, section
3430.
The chairman of the Committee on Enrolled Bills reports daily the
enrolled bills presented to the President of the United States for
approval. Volume IV, section 3431.
Instance wherein a bill enrolled and signed by the Presiding Officers
of the two Houses of one session was sent to the President and approved
at the next session. Volume IV, section 3486.
There having been no unreasonable delay in transmitting an enrolled
bill to the President, a resolution relating thereto was decided not to
present a question of privilege. Volume III, section 2601.
(17) Bills.--Approval of.
The approval of a bill by the President of the United States is valid
only with his signature. Volume IV, section 3490.
An instance where the President, in announcing his approval of a bill,
gave his reasons for so doing. Volume IV, section 3491.
In 1842 a committee of the House discussed the act of President Jackson
in writing above his signature of approval a memorandum as to his
construction of the bill. Volume IV, section 3492.
The act of President Tyler in filing with a bill an exposition of his
reasons for signing it was examined and severely criticised by a
committee of the House. Volume IV, section 3492.
At the close of the Fifty-ninth Congress the President approved bills
as to the hour and minute of the calendar day instead as of the
legislative day. Volume IV, section 3489.
A bill not returned by the President within ten days (Sundays excepted)
becomes a law as if signed, unless Congress by adjournment prevents its
return. Volume IV, section 3520.
PRESIDENT OF THE UNITED STATES--Continued.
(17) Bills.--Approval of--Continued.
The President, in the opinion of the Attorney-General, may sign a bill
at any time within ten days after Congress has adjourned for a recess.
Volume IV, section 3496.
The Supreme Court affirmed the validity of an act presented to the
President while Congress was sitting and signed by him within ten days,
but after the Congress had adjourned for a recess. Volume IV, section
3495.
President Johnson contended that he might not approve bills during a
recess of Congress. Volume IV, sections 3493, 3494.
There is much doubt as to whether a bill which remains with the
President ten days without his signature, Congress having meanwhile
adjourned for a recess, becomes a law. Volume IV, section 3493.
An instance wherein the President signed a bill after the adjournment
of Congress. Volume IV, section 3497.
A bill passed by both Houses during an interim session and presented to
the President less than 10 days before adjournment of the session, but
neither signed by the President nor returned without his signature,
does not become a law. Volume VII, section 1115.
An instance where the President signed bills after Congress had
adjourned for a recess. Volume VII, section 1087.
The President, in the opinion of the Attorney General, has the power to
approve bills after adjournment sine die of the Congress which has
passed them, but within 10 days (Sundays excepted) after they have been
presented to him. Volume VII, section 1088.
An enrolled bill, when signed by the President, is deposited in the
Office of the Secretary of State. Volume IV, section 3429.
A statute requires that bills signed by the President shall be received
by the Secretary of State from the President. Volume IV, section 3485.
Notice of the signature of a bill by the President is sent by message
to the House in which it originated, and that House informs the other.
Volume IV, section 3429.
The President usually informs the House of his signature to a bill, but
this is not necessary to the validity of the act. Volume IV, section
3495.
It is usual for the President to inform the House by message of such
bills as he has approved and of such as have become laws without his
approval. Volume V, sections 6614, 6615.
The President sometimes, at the close of a Congress, informs the House
as to both the bills he has signed and those he has allowed to fail.
Volume IV, sections 3499-3502.
An instance where the President communicated his omission to sign a
bill through the committee appointed to notify him that Congress was
about to adjourn. Volume IV, section 3504.
The President usually notifies the House of bills that have become laws
without his approval. Volume IV, section 3503.
Announcement of approval of a bill by the President is transmitted to
the House in which the bill originated. Volume VII, section 1089.
A concurrent resolution to send to the President for approval bills
which had passed both Houses in the previous session of the same
Congress but which for want of time failed to reach him was treated as
privileged. Volume VII, section 1086.
(18) Bills--Recall and Correction of Bills Already Transmitted.
Bills sent to the President but not yet signed by him are sometimes
recalled by concurrent resolution of the two Houses. Volume IV,
sections 3507-3509.
The process of recalling from the President and amending an enrolled
bill. Volume IV, sections 3510-3518
A bill wrongly enrolled was recalled from the President, who erased his
signature, and recommitted to the Committee on Enrolled Bills with
instructions. Volume IV, section 3506.
A bill sent to the President but not yet signed by him was recalled by
concurrent resolution. Volume VII, section 1091.
PRESIDENT OF THE UNITED STATES--Continued.
(18) Bills.--Recall and Correction of Bills Already Transmitted.--
Continued.
An instance where a joint committee asked of the President the return
of a bill. Volume IV, section 3505.
Instance wherein an enrolled bill recalled from the President was
afterwards amended. Volume IV, section 3508. Volume VII, section 1091.
A bill that had not actually passed, having been enrolled and signed by
the President of the United States, was disregarded by the Executive
and Congress passed another bill. Volume IV, section 3498.
An error in a bill that has gone to the President of the United States
may be corrected by a joint resolution. Volume IV, section 3519. Volume
VII, section 1092.
An instance where the President returned a bill already signed by him,
in order that the enrollment might be corrected. Volume IV, section
3505.
A resolution for the reenrollment and signing of a bill which the
President had declined to sign for constitutional reasons was held to
be privileged. Volume IV, section 3493.
(19) Convening of Congress by.
In early days extra sessions were held on dates fixed by law rather
than at the call of the President. Volume VIII, section 3371.
The President may on extraordinary occasions convene both or either of
the Houses of Congress. Volume I, section 1.
One Congress having by law provided a time for the meeting of the next
Congress, that Congress nevertheless met at an earlier day on call of
the President. Volume I, section 12.
Instances wherein Congress has been convened by proclamation or by law.
Volume I, sections 10, 11.
In certain exigencies the President may convene Congress at a place
other than the seat of government. Volume I, section 2.
The statutes provide that in case of the removal, death, resignation,
or inability of both President and Vice-President during a recess of
Congress the Secretary who acts as President shall convene Congress in
extraordinary session. Volume I, section 13.
Discussion as to whether or not there is a distinction between a
session called by the President and other sessions of Congress
(footnote). Volume I, section 12.
(20) Adjourning of Congress.
When the two houses disagree as to adjournment the President may
adjourn them. Volume V, section 6672.
The Executive has successfully opposed as unconstitutional an effort of
the two Houses to fix by law the time of adjournment of Congress.
Volume V, section 6688.
Reference to discussion of the constitutional power of the President to
adjourn Congress in a certain contingency (footnote). Volume I, section
12.
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.
(21) Notification of, as to Organization of the House.
The Senate and President are informed of the presence of a quorum and
the organization of the House. Volume I, sections 198-203.
In recent years all the officers have been elected before the President
and Senate have been informed of the organization. Volume I, sections
194-196.
In the earlier practice the messages announcing the organization were
sent immediately after the election of Speaker and did not refer to the
election of Clerk. Volume I, sections 198-203.
In 1860 the House decided that it might inform the Senate and President
of its organization and election of a Speaker before it had elected a
Clerk. Volume I, section 240.
PRESIDENT OF THE UNITED STATES--Continued.
(21) Notification of, as to Organization of the House--Continued.
A Speaker pro tempore being elected, the Senate and President are
informed. Volume II, section 1401. Volume VI, section 275.
The Speaker being elected to fill a vacancy caused by resignation, the
Senate, but not the President, was notified of the fact. Volume I,
sections 231, 232.
When the House elects a Speaker pro tempore for any considerable time
it is usual to notify the Senate, and sometimes the President of the
United States also. Volume II, sections 1406-1412.
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, sections 266, 277, 280.
(22) Notification of, as to Adjournments.
Form of resolution authorizing a joint committee to notify the
President of the approaching adjournment of Congress. Volume V, section
6723.
At the adjournment of the last session of a Congress, even at the
expiration of the constitutional term of the House, the two Houses send
a joint committee to inform the President. Volume V, section 6724.
Instance wherein the President of the United States was not notified of
the expiration of a session of Congress. Volume V, section 6692.
The resolution notifying the President that the House is ready to
adjourn sine die is usual, but has sometimes been omitted. Volume V,
sections 6725, 6726.
The two Houses do not notify the President when they are about to
adjourn for the holiday recess (footnote). Volume V, section 6680.
(23) Requests of or Directions to.
The House has requested the Executive authority to prosecute one of the
officers of the House. Volume I, section 287.
The Senate requested the Executive to prosecute William Duane for
defamation of the Senate. Volume II, section 1604.
The House declined to ask of the Executive the removal of an officer
whom a committee had found delinquent. Volume III, section 2501.
The House requested the President, if necessary, to afford military
protection to the Kansas Committee of 1856. Volume III, section 1752.
In 1807 the House, after mature consideration, declined to investigate
charges against the chief of the Army, but requested the President to
make such an inquiry. Volume III, section 1726.
The House once passed a resolution requesting the President to cause a
reduction of the executive estimates to be made. Volume IV, section
3577.
The two Houses requested the President to transmit to the States
forthwith certain proposed amendments to the Constitution. Volume V,
section 7043.
On one occasion at least the two Houses have requested the President to
transmit to the States a joint resolution proposing an amendment to the
Constitution. Volume V, section 7041.
Congress, by concurrent resolution, directs executive officers to make
investigations in river and harbor matters. Volume II, section 1593.
In the early practice of the House a resolution making a request of the
President was taken to him by a committee of Members. Volume III,
section 1726.
In 1909 the House originated, and the Senate agreed to, a resolution
requesting the President to negotiate by treaty or otherwise with a
foreign government. Volume VI, section 323.
In cases where its investigations have suggested the culpability of
executive officers, the Senate has by resolution submitted advice or
suggestions to the Executive. Volume VI, section 331.
PRESIDENT OF THE UNITED STATES--Continued.
(23) Requests of or Directions to--Continued.
The Senate having adopted a resolution advising the Executive as to
matters within the sphere of his duties, the latter in a statement to
the press announced that no official recognition would be accorded it.
Volume VI, section 331.
A resolution addressed to the President requesting the transmission of
papers having been offered, the Senate modified it by incorporation of
the clause ``if not incompatible with the public interest.'' Volume VI,
section 433.
The President declined to submit to the Senate in response to its
request certain papers touching the London Naval Treaty of 1930 on the
ground that such compliance would be incompatible with the public
interest. Volume VI, section 433.
(24) Advice to, by the House.
The House, either alone or in concurrence with the Senate, has by
resolution expressed opinions or determinations on important public
questions. Volume II, sections 1562-1568.
The House has at times adopted resolutions requesting or advising the
Executive as to matters within the sphere of his duties. Volume II,
sections 1573-1578.
Declaration of the House as to third term of a President. Volume II,
section 1568.
In cases where its investigations have suggested the culpability of
executive officers, the House has by resolution submitted advice, or
requests, to the Executive. Volume II, sections 1581-1584.
An opinion of the Attorney-General that neither House may by resolution
give a construction to an existing law which would be of binding effect
on an executive officer. Volume II, section 1580.
Under the early practice resolutions embodying opinions of the House
were presented to the President of the United States by a committee.
Volume II, section 1542.
(25) Praise or Censure of.
While the House in some cases has bestowed praise or censure on the
President or a member of his Cabinet, such action has at other times
been held to be improper. Volume II, sections 1569-1572.
A formal protest by the President against certain proceedings of the
House was declared a breach of privilege. Volume II, section 1590.
President Jackson having sent to the Senate a protest against its
censure of his acts, the Senate declared the protest a breach of
privilege and refused it entry on the Journal. Volume II, section 1591.
(26) Prerogatives of.--Power of Appointment to Office.
The power of appointment to office belongs to the President, and
Congress by law may not declare one an officer who is not such in fact.
Volume II, section 1595.
Reference to President's protest against assumption by the House of the
right to designate the officers who should disburse appropriations
(footnote). Volume IV, section 4032.
In 1842 the House, after discussion, abandoned a proposition to pass on
the authority of the President to appoint commissions of investigations
without the sanction of law. Volume II, section 1585.
Secretary Stanton communicated directly to the House the fact of the
President's attempt to remove him. Volume III, section 2408.
Discussion as to whether President Johnson was justified in attempting
to test the constitutionality of the tenure of office law. Volume III,
section 2411.
Discussion of the term ``recess of the Senate'', as related to the
President's power of appointment. Volume V, section 6687.
Reference to questions arising in the Senate as to recess appointments
in a case wherein one session followed its predecessor immediately.
Volume V, section 6693.
PRESIDENT OF THE UNITED STATES--Continued.
(27) Prerogatives of.--Appointment of Members to Office.
No Member may during the term for which he was elected be appointed to
any office which shall have been created or the emoluments of which
shall have been increased during such term. Volume I, section 485.
Summary of instances wherein Members of the House and Senate have been
appointed by the Executive to commissions (footnote). Volume I, section
493.
A Member who had been appointed a militia officer in the District of
Columbia by the President was deprived of his seat in the House. Volume
I, section 486.
(28) Prerogatives of.--As to Treaties in General.
The House sometimes requests the Executive to negotiate a treaty,
although the propriety of the act has been questioned. Volume II,
sections 1514-1517.
Discussion of the right of the House to share in the treaty-making
power. Volume II, sections 1509.
Discussion of the prerogatives of the House in relation to treaties,
commercial and otherwise. Volume II, sections 1546, 1547.
Instances of the action of the House in carrying into effect,
terminating, enforcing, and suggesting treaties. Volume II, sections
1502-1505.
In 1796 the House affirmed that when a treaty related to subjects
within the power of Congress it was the constitutional duty of the
House to deliberate on the expediency of carrying such treaty into
effect. Volume II, section 1509.
In 1816 the House, after discussion with the Senate, maintained its
position that a treaty must depend on a law of Congress for its
execution as to such stipulations as relate to subjects
constitutionally intrusted to Congress. Volume II, section 1506.
In 1868, after discussion with the Senate, the House's assertion of
right to a voice in carrying out the stipulations of certain treaties
was conceded in a modified form. Volume II, section 1508.
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.
After long discussion the House, in 1871, successfully asserted its
right to a voice in approving Indian treaties. Volume II, sections
1535, 1536.
In 1881 the House Committee on Foreign Affairs, discussing the treaty-
making power, concluded that the House had no share in it. Volume II,
section 1525.
In 1868 the House declined to assert that no purchase of foreign
territory might be made without the sanction of a previously enacted
law. Volume II, section 1508.
In 1820 the House considered, but without result, its constitutional
right to a voice in any treaty ceding territory. Volume II, section
1507.
(29) Prerogatives of.--As to Revenue Treaties.
The House has at times advised the Executive in regard to treaties
affecting the revenue. Volume II, sections 1520-1522.
In 1880 the House declared that the negotiation of a treaty affecting
the revenues was an invasion of its prerogatives. Volume II, section
1534.
In 1884 and 1886 the Ways and Means Committee assumed that the right of
the House to a voice in making treaties affecting the revenue had been
conceded. Volume II, sections 1526, 1527.
After long and careful consideration, the Judiciary Committee of the
House decided, in 1887, that the executive branch of the Government
might not conclude a treaty affecting the revenue without the assent of
the House. Volume II, sections 1528-1530.
Argument that duties are more properly regulated with the publicity of
Congressional action than by treaties negotiated by the Executive and
ratified by the Senate in secrecy. Volume II, section 1532.
Reference to discussion in the Senate over right of the House to a
voice in making treaties affecting the revenue (footnote). Volume II,
section 1528.
PRESIDENT OF THE UNITED STATES--Continued.
(30) Prerogatives of.--As to Other Foreign Relations.
The House has declared its ``constitutional right to an authoritative
voice in declaring and prescribing the foreign policy of the United
States, as well in the recognition of new powers, as in other
matters.'' Volume II, section 1539.
The House has usually had a voice in the recognition of the
independence of a foreign nation when such recognition has affected
relations with another power. Volume II, sections 1541-1544.
An authorization of diplomatic relations with a foreign nation
originated in the House in 1882. Volume II, section 1549.
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.
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.
In 1825 the House, after long debate, made an unconditional
appropriations for the expenses of the ministers to the Panama
Congress. Volume II, sections 1546, 1547.
While not questioning the right of the House to decline to appropriate
for a diplomatic office, President Grant protested against its
assumption that it might give directions as to that service. Volume II,
section 1548.
Congratulations of the House on the adoption of a republican form of
government by Brazil. Volume II, section 1550.
The House has, by resolution, extended its sympathy to foreign peoples
desirous of greater liberty. Volume II, sections 1553-1555.
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.
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.
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.
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.
In 1920 the Senate requested the concurrence of the House in a
resolution proposing to restrict the power of the President in the
negotiations of foreign affairs. Volume VI, section 327.
In 1916 the House originated and the Senate agreed to a measure
authorizing the President to invite a conference of Governments of the
world to consider the establishment of a Court of Arbitration. Volume
VI, section 329.
PRESIDENT OF THE UNITED STATES--Continued
(31) Investigations as Related to Authority of.
The House of Representatives having appointed a committee to inquire
into the conduct of the President of the United States, and the
President having protested, the House insisted on its right so to do.
Volume II, section 1598.
President Jackson resisted with vigor the attempt of a committee of the
House to secure his assistance in an investigation of this
administration. Volume III, section 1737.
In 1837 a committee took the view that the House might inquire into
alleged corrupt violations of duty by the Executive only with
impeachment in view. Volume III, section 1740.
The right and duty of the House to inquire into the manner of
expenditure of public money by the executive branch was early asserted.
Volume III, section 1726.
The House very early overruled the objection that its inquiry into the
conduct of clerks in the Executive Departments would be an infringement
on the Executive power. Volume III, section 1729.
The House in 1824 investigated, on application of the United States
minister to Mexico, a controversy on a public matter between him and
the Secretary of the Treasury. Volume III, section 1741.
Members of the President's Cabinet whose reputations and conduct have
been assailed on the floor of the House have sometimes asked for an
investigation. Volume III, sections 1734, 1735.
Vice-President Calhoun asked the House, as the grand inquest of the
nation, to investigate certain charges made against his conduct as
Secretary of War, and the House granted the request. Volume III,
section 1736.
In 1792 the House declined to request the President to inquire into the
causes of the defeat of General St. Clair's army and asserted its own
right to make the investigation. Volume III, section 1725.
In 1810 the House, after mature consideration, determined that it had
the right to investigate the conduct of General Wilkinson, although he
was not an officer within the impeaching power of the House. Volume
III, section 1727.
At the first investigation of charges against General Wilkinson the
proceedings were ex parte, but at the second inquiry the House voted
that he should be heard in his defense. Volume III, section 1727.
The House having investigated charges against General Wilkinson, of the
Army, the results were transmitted to the President by the hands of a
committee. Volume III, section 1727.
In 1861 the two Houses, by concurrent action, without question the
right to investigate the conduct of the war. Volume III, section 1728.
While a committee of the House reported it inexpedient for the House to
investigate the charges of a subordinate against a captain in the Navy,
they expressly asserted the power of the House so to do. Volume III,
section 1738.
(32) Impeachment of.
Treason, bribery, or other high crimes and misdemeanors require removal
of President, Vice-President, or other civil officers on conviction by
impeachment. Volume III, section 2001.
The Constitution requires the Chief Justice to preside when the
President of the United States is tried before the Senate. Volume III,
section 2055.
When the President of the United States is impeached the Chief Justice
of the Supreme Court presides. Volume III, section 2082.
The first attempt to impeach Andrew Johnson, President of the United
States. Volume III, sections 2399-2407.
In the first inquiry the House decided not to impeach President
Johnson. Volume III, section 2407.
PRESIDENT OF THE UNITED STATES--Continued
(32) Impeachment of--Continued
The impeachment and trial of Andrew Johnson, President of the United
States. Volume III, sections 2408-2443.
At the time President Johnson's impeachment it was agreed that he
should be described as President and not as Acting President. Volume
III, section 2415.
At the time of the impeachment of President Johnson it was conceded
that he was entitled to exercise the duties of the office until
convicted by the Senate. Volume III, section 2407.
Reference to argument of Senator Charles Sumner that President Johnson
should be suspended during impeachment proceedings. Volume III, section
2407.
On the report from the Committee on Reconstruction the House voted the
impeachment of President Johnson. Volume III, section 2412.
It does not appear that President Johnson sought to be represented
before the committee making the first investigation. Volume III,
section 2403.
A proposal to investigate the official conduct of the President of the
United States with a view to impeachment was laid on the table. Volume
III, section 541.
(33) Questions of Privilege Relating to.
A resolution that the rights and dignity of the House have been invaded
by the Executive presents a question of privilege. Volume III, section
2563.
A resolution implying that the constitutional rights of the House may
have been invaded by the Executive presents a question of privilege.
Volume III, section 2563.
An appeal of a Member to the President for protection was considered
derogratory to the privilege of the House. Volume III, section 2680.
A newspaper charge that a Member of the House had been influenced by
Executive patronage was submitted as privileged, but the House declined
to investigate. Volume III, section 2701.
An alleged corrupt combination between Members of the House and
Executive was investigated as a question of privilege. Volume III,
section 2538.
The House declined to entertain as a question of privilege a resolution
to investigate a charge made by a Cabinet officer that Members of
Congress, not named, had made a corrupt proposition to the Executive.
Volume III, section 2654.
The President, by message, complained to the House that his Secretary,
immediately after delivering a message to the House had been assaulted
in the Capitol. Volume II, section 1615.
(34) References to, in Debate.
It is in order in debate to refer to the President of the United States
or his opinions either with approval or critisim, 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.
It has been held in order to refer in debate to the President of the
United States in terms of criticism provided such reference be in
language conformable to the rules of the House. Volume VIII, section
2500.
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.
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.
The right to criticize official acts and policies of the President in
debate in the House should not be denied or abridged but such debate is
subject to proper rules requiring decorum in debate. 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.
It is a breach of order in debate to refer to the President
disrespectfully. Volume VIII, section 2498.
PRESIDENT OF THE UNITED STATES--Continued.
(34) References to, in Debate--continued.
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.
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.
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.
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.
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 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.
In debating a proposition to impeach the President of the United States
a wide latitude was permitted to a Member in preferring charges. Volume
V, section 5093.
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.
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.
(35) Inauguration of.
When March 4 falls on Sunday the inauguration of the President of the
United States occurs at noon, March 5. Volume III, section 1996.
When the inauguration date falls on Sunday the inauguration of the
President of the United States occurs at noon, the following day.
Volume VI, section 449.
Review of procedure at the several inaugurations of the Presidents,
with record of the participation of the House therein. Volume III,
sections 1986-1995. Volume VI, sections 447-453.
Arrangements for the inauguration of the President of the United States
(but not the Vice-President) made by a joint committee of the two
Houses. Volume III, sections 1998, 1999.
References to the early agitation in the House for a voice in making
arrangements for the inauguration of the President. Volume III, section
1996.
Ceremonies at the administration of the oath of office to Millard
Fillmore, President of the United States. Volume III, section 1997.
A proposition that the House cooperate with the Senate in the conduct
of the ceremonies of the President's inauguration was held not to
present a question of privilege. Volume III, section 2622.
Arrangements for the inauguration of the President elect and Vice
President of the United States made by a joint committee of the two
Houses. Volume VI, section 451.
An instance wherein, owing to inclemency of the weather, the President
elect took the oath and delivered his inaugural address in the Senate
Chamber. Volume VI, section 447.
The concurrent resolution creating a joint committee authorized to
arrange for the quadrennial inauguration ceremonies is considered
sufficient authorization for the necessary appropriations for that
purpose. Volume VI, section 452.
(36) Decease of.
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.
PRESIDENT OF THE UNITED STATES--Continued.
(36) Decease of--Continued.
Ceremonies in memory of President James A. Garfield. Volume V, section
7179.
Proceedings and exercises in memory of the late President McKinley.
Volume V, section 7180.
Ceremonies and exercises in memory of President Warren G. Harding.
Volume VIII, section 3575.
Proceedings and exercises in memory of former President Theodore
Roosevelt. Volume VIII, section 3579.
Ceremonies in memory of Woodrow Wilson. Volume VIII, section 3578.
Ceremonies in memory of Calvin Coolidge. Volume VIII, section 3574.
The House waited on the President of the United States on the occasion
of the death of George Washington. Volume V, section 7181.
Ceremonies on the occasion of the deaths of members of the President's
Cabinet. Volume V, sections 7198-7200.
In rare instances the House has noticed the decease of a member of a
member of the family of a President or ex-President. Volume V, sections
7182-7184.
By joint resolution Congress has expressed its condolence with the
widow of a deceased President. Volume V, section 7176.
In rare instances the House has noticed the decease of a member of the
family of a President or ex-President. Volume VIII, section 3580.
In conformity with custom, widows of former Presidents of the United
States are granted the franking privilege. Volume VIII, section 3581.
(37) In General.
The House has decided that a Vice-President succeeding to the
Presidency should be called ``the President'' without qualification.
Volume II, section 1586.
The President and Vice-President of the United States and their
secretaries have the privilege of the floor. Volume V, section 7283.
Volume VIII, section 3634.
The House formally extended the privileges of the floor to the widow of
President Madison. Volume V, section 7081.
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, section 7302.
Presents to the President or other officers were formerly placed at the
disposal of Congress. Volume II, sections 1588, 1589.
Cases of impeachment are excluded by the Constitution from the offenses
for which the President may grant reprieves and pardons. Volume III,
section 2003.
A question as to the expediency of impeaching an officer removable by
the Executive. Volume III, section 2501.
The Senate ordered an attested copy of the court's decisions in the
Humphreys case to be sent to the President of the United States. Volume
III, section 2397.
Bills providing for the protection of the President and relating to the
office and its duties have been reported by the Committee on the
Judiciary. Volume IV, section 4077.
Subjects relating to the succession of the office of President in case
of his death, disability, etc., have been within the jurisdictions of
the Committee on Election of President, Vice-President, and
Representatives in Congress. Volume IV, section 4304.
Changes in the law regarding the electoral count and resolutions
regulating the actual count by the House and Senate are within the
jurisdiction of the Committee on Election of President, Vice-President,
and Representatives in Congress. Volume IV, section 4303.
Proposed changes of the Constitution as to the term of Congress and the
President and the time of annual meeting of Congress have been
considered by the Committee on Election of President, Vice-President,
and Representatives in Congress. Volume IV, section 4302.
PRESIDENT OF THE UNITED STATES--Continued.
(37) In General--Continued.
The rule gives to the Committee on Election of President, Vice-
President, and Representatives in Congress jurisdiction of subjects
relating to the election of the officials enumerated in the
designation. Volume IV, section 4299.
A proposition to pay the traveling express of the President of the
United States by a paragraph in an appropriation bill was held to be
authorized by law. Volume IV, section 3610.
Reference to principles governing recognition of a State government by
the President of the United States. Volume I, section 349.
The House accepted an invitation to attend and participate in
ceremonies in celebration of the first inauguration of George
Washington as President of the United States without making provision
for adjournment or representation. Volume VIII, section 3531.
By concurrent action an invitation was extended to the President of the
United States to address a joint session of the two Houses on the
subject of the birth of George Washington. Volume VIII, section 3532.
PRESIDENT PRO TEMPORE OF THE SENATE.
(1) Nature and tenure of the office.
(2) General powers and duties of.
(3) Choice of.
(4) By designation.
(5) At the electoral count.
(1) Nature and Tenure of the Office.
Nature of the office of President pro tempore of the Senate and its
relation to the Vice-President. Volume II, section 1417.
The President pro tempore of the Senate holds the office at the
pleasure of that body. Volume II, section 1417.
A Member of the Senate elected President pro tempore was excused from
serving by vote of the Senate. Volume II, section 1418.
(2) General Powers and Duties of.
Discussion and ruling in the Senate as to decisions of questions of
order by the Presiding Officer. Volume II, section 1340.
The Senate, by resolution, empowered its acting President pro tempore
to sign enrolled bills. Volume II, section 1402.
The Senate, by rule, empowers a Presiding Officer by designation to
sign enrolled bills. Volume II, section 1403.
The President pro tempore of the Senate declined to take the
responsibility of directing the Secretary to omit from the call of the
yeas and nays the name of two Senators who had been declared in
contempt. Volume II, section 1665.
(3) Choice of.
The Senate, following the act of 1789, declined to administer the oath
to Members-elect until it had chosen a President pro tempore, although
a precedent for the proposed action was cited. Volume I, section 118.
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.
The election of an officer of the Senate may be by ballot, by roll
call, or by resolution. Volume VI, section 282.
The instance wherein the Senate elected a number of Presidents pro
tempore to serve seriatim for stated terms. Volume VI, section 282.
(4) By Designation.
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.
PRESIDENT PRO TEMPORE OF THE SENATE--Continued.
(4) By Designation--Continued.
In the Senate a temporary President pro tempore sometimes designates
another. Volume II, section 1385.
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.
(5) At the Electoral Count.
At the first electoral count the Senate elected a President pro tempore
solely for that occasion. Volume III, section 1928.
In a case where the Vice-President was also the Vice-President-elect
the Senate announced the election of a President pro tempore for the
sole purpose of opening the certificates and counting the votes, but it
does not appear certain that he acted. Volume III, section 1929.
During the electoral count of 1869 the President pro tempore used his
discretion about entertaining points of order, but declined absolutely
to entertain appeals. Volume III, section 1949.
During the electoral count of 1869 the President pro tempore declined
to entertain a resolution offered by a Member of the House. Volume III,
section 1949.
In 1877 the President pro tempore declined to receive an unofficial
certificate of the electoral vote of Vermont presented in the joint
meeting by a Member of the House. Volume III, section 1956.
At the electoral count of 1885 the President pro tempore, in announcing
the result, disclaimed any authority in law to declare any legal
conclusion whatever. Volume III, section 1958.
In 1881, the Senate determined that its President had no authority to
decide on the reception or rejection of electoral votes. Volume III,
section 1957.
PRESIDING OFFICER OF THE SENATE.
Reference to discussions of the powers of the Vice-President as
presiding officer of the Senate and as to calling to order. Volume II,
section 1340.
Discussion and ruling in the Senate as to decisions of questions of
order by the Presiding Officer. Volume II, section 1340.
An instance wherein a President pro tempore presiding at an impeachment
trial declined to entertain an appeal from his decision on a point of
order. Volume III, section 2088.
The Senate having assembled and there being no Presiding Officer, by
mutual consent one of the older Members took the chair. Volume I,
section 118.
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.
The Senate by rule empowers a Presiding Officer by designation to sign
enrolled bills. Volume II, section 1403.
Enrolled bills are signed first by the Speaker, then by the President
of the Senate. Volume IV, section 3429.
A concurrent resolution authorized the presiding officers of the two
House to cancel their signature to an enrolled bill failing to conform
to recommendations of the Secretary of War. Volume VII, section 1077.
Forms for addressing the Vice-President or President pro tempore while
presiding at an impeachment trial. Volume III, section 2066.
The Presiding Officer of the Senate sitting in an impeachment trial
directed the counting of the Senate to ascertain the presence of a
quorum. Volume III, section 2107.
The Presiding Officer at an impeachment trial exercises authority to
call to order counsel using improper language. Volume III, sections
2140, 2141.
Instance during an impeachment trial wherein the Presiding Officer
admonished managers and counsel not to waste time. Volume III, section
2151.
The Senate and not the Presiding Officer decides on a motion for
attachment of a witness. Volume III, sections 2152, 2153.
PRESIDING OFFICER OF THE SENATE--Continued.
The two Houses have the power to provide that their presiding officers
shall declare an adjournment sine die in case that after a recess a
quorum shall be lacking in either House. Volume V, section 6686.
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.
While the precedents are not uniform, the practice of the Senate is to
permit the withdrawal of suggestions that a quorum is not present prior
to ascertainment and announcement by the Chair. Volume VI, section 644.
At joint sessions of the two Houses the presiding officer of the House
extending the invitation occupies the Chair. Volume VIII, section 3333.
PRESS.
(1) Representatives of.--Admitted to floor and gallery.
(2) Representatives of.--Expelled for improper publications.
(3) Representatives of.--Expelled for improper conduct.
(4) In general.
(1) Representatives of, Admitted to the Floor and Gallery.
Representatives of certain specified news associations are admitted to
the floor of the House under regulations prescribed by the Speaker.
Volume V, section 7304. Volume VIII, section 3642.
Stenographers and reporters other than the official reporters are
admitted by the Speaker to the gallery over the Speaker's chair under
such regulations as he may prescribe. Volume V, section 7304.
At first the representatives of the press were admitted to the floor,
but later the present practice of assigning to them the use of a
gallery under certain regulations was adopted. Volume V, sections 7305-
7310.
Representatives of the press have been admitted by permission of the
Speaker. Volume V, sections 7305-7310.
Accredited members of the press having seats in the gallery and
employees of the House may go upon the floor of the House until within
fifteen minutes of the hour of meeting. Volume V, section 7346.
Supervision of the press gallery, including designation of its
employees, is vested in the standing committee of correspondents,
subject to the direction and control of the Speaker. Volume VIII,
section 3642.
(2) Representatives of, Expelled for Improper Publications.
For publications affecting the reputations of Members, reporters have
been expelled from the House. Volume II, sections 1636, 1637.
The House arrested and arraigned at the bar a newspaper reporter for
alleged statements reflecting on the integrity of a Member. Volume II,
section 1635.
Reference to debate in the Senate on freedom of the press (footnote).
Volume III, section 2640.
(3) Representatives of, Expelled for Improper Conduct.
For improper conduct in connection with legislation reporters have been
expelled from the House. Volume II, sections 1638, 1639.
In 1855 the House expelled from the floor William B. Chase, a reporter
who refused to testify before a committee. Volume II, section 1632.
Expulsion of a reporter from the floor for improper conduct. Volume II,
section 1634.
(4) In General.
Alleged misconduct of an occupant of the press gallery, although
occurring during a former Congress, brought before the House as a
matter of privilege. Volume III, section 2627.
PRESS--Continued.
(4) In General.--Continued.
The committee investigating charges made by a Member of the House
against a member of the press gallery allowed the member to be
represented by counsel. Volume III, section 1846.
Instance wherein the Senate proceeded to an investigation of charges
made in general term against its membership by newspapers. Volume II,
section 1612.
Wide latitude is allowed the press in the criticism of Members of
Congress, and such criticisms unless reflecting on a Member in his
representative capacity, does not present a question of privilege.
Volume VI, section 611.
PRESTON.
The Virginia election case of Trigg v. Preston in the Third Congress.
Volume I, section 760.
The Maryland election case of Preston v. Harris in the Thirty-sixth
Congress. Volume II, section 845.
PREVIOUS QUESTION.
(1) The motion, its precedence, etc.
(2) Evolution by which the motion has been perfected.
(3) The motion under general parliamentary law.
(4) In relation to the quorum.
(5) By whom moved.
(6) Application of.--In general.
(7) Application of.--To bills.
(8) Application of.--To resolutions.
(9) Application of.--To questions of privilege.
(10) Relation to other motions.--To lay on the table.
(11) Relation to other motions.--To postpone.
(12) Relation to other motions.--To reconsider.
(13) Relation to other motions.--To refer.--The ordinary motion.
(14) Relation to other motions.--To refer.--GThe special motion
provided by rule. See also ``Recommit.''
(15) Relation to other motions.--To refer.--Application of the special
motion.
(16) Relation to other motions.--To refer.--Time of making the special
motion.
(17) Relation to other motions.--To refer.--GThe special motion not
debatable but amendable.
(18) Relation to other motions.--To refer.--In general.
(19) Relation to other motions.--To amend.
(20) Relation to other motions.--To suspend the rules.
(21) Relation to other motions.--Question of consideration.
(22) Questions of order pending.
(23) Questions of privilege pending.
(24) The forty minutes of debate after the ordering of.
(25) In relation to division of the question.
(26) Effect of.--On debate and the reading of papers.
(27) Effect of.--Further amendment precluded.
(28) Effect of.--On the withdrawal of motions.
(29) Effect of.--As to the motion to recede.
(30) Effect of.--As to conference reports.
(31) Effect of.--When a bill goes over to another day. See also
``Unfinished Business.''
(32) As related to reports from Committee of the Whole.
(33) In general.
PREVIOUS QUESTION--Continued.
(1) The Motion, Its Precedence, etc.
The rule for the motion. Volume V, sections 5445, 5446.
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 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 motions to reconsider, for the previous question, and to adjourn
are not in order in Committee of the Whole. Volume IV, section 4716.
The House, while acting ``in the House as in Committee of the Whole,''
may refer to a committee, use the previous question, deal with
disorder, take the yeas and nays, or adjourn. Volume IV, section 4923.
The motion for the previous question may not include a provision that
it shall take effect at a certain time. Volume V, section 5457.
The older and the modern forms for putting the previous question
(footnote). Volume V, sections 5443, 5754.
Construction of the law providing for putting the main question without
debate during the electoral count. Volume III, section 1956.
Discussion of the relative privilege of the motions to adjourn, to lay
on the table and for the previous question. Volume VIII, section 2651.
The motion for the previous question is not admitted in the Senate.
Volume VIII, section 2663.
(2) Evolution by Which the Motion has Been Perfected.
History of the process by which the House changed the previous question
of Parliament into an instrument for closing debate and brining a vote
on the pending matter. Volume V, section 5445. Volume VIII, section
2661.
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.
(3) The Motion Under General Parliamentary Law.
Before the adoption of rules, while the House proceeds under general
parliamentary law, the motion for the previous question is admissible.
Volume V, section 5450.
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.
Before the adoption of rules the previous question has been admitted,
although in the earlier practice it was conceived to differ somewhat
from the previous question of the rules. Volume V, sections 5451-5455.
Before the adoption of rules, while the House was acting under general
parliamentary law, it was held that the motion to commit was in order
pending the motion for the previous question or after it had been
ordered on a resolution. Volume V, section 5604. Volume VIII, section
2755.
Before the adoption of rules the motion to commit has been admitted
after the ordering of the previous question. Volume V, section 6758.
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.
While the House was proceeding under general parliamentary law a motion
to commit a pending resolution was admitted after the previous question
had been ordered on the adoption of the resolution. Volume VIII,
section 3384.
PREVIOUS QUESTION--Continued.
(4) In Relation to the Quorum.
Less than a quorum may order the previous question on a motion incident
to a call of the House. Volume V, section 5458.
A call of the house is not in order after the previous question is
ordered unless it appears on an actual count by the Speaker that a
quorum is not present. Volume V, section 5447.
The previous question having been ordered on a bill by unanimous
consent in the absence of a quorum, the Speaker on the next day ruled
that the action was null and void. Volume IV, section 2964.
(5) By Whom Moved.
The Member in charge of the bill and having the floor may demand the
previous question, although another Member may propose to offer a
motion of higher privilege, but the motion of higher privilege must be
put before the previous question. Volume V, section 5480.
A Member having the floor to offer a motion may move the previous
question thereon although another claims recognition to offer a motion
of higher privilege, but the motion of higher privilege must be put
before the previous question. Volume VIII, section 2684.
The Member in charge of the bill is entitled to prior recognition to
move the previous question even after he has surrendered the floor for
debate. Volume III, section 2682.
In the House the Member reporting a measure is entitled to recognition
for one hour during which he may yield to others 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 alternatively, preference being given Members of
the committee reporting the measure. Volume VIII, section 2460.
The Member in charge of the bill is entitled to prior recognition to
move the previous question. Volume VIII, section 2748.
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 Member in charge of the bill may not be demanding the previous
question take a Member from the floor. Volume VIII, section 2609.
The proponent of a motion is entitled to the floor against all save the
Member in charge, who has prior right to recognition and may move the
previous question at any time during the hour allotted him. Volume
VIII, section 3231.
A demand for the previous question by the Member in charge of a bill
does not preclude consideration of a preferential motion. Volume VIII,
section 3204.
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.
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.
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 having obtained the floor to make a preferential motion may
not thereupon demand the previous question to the exclusion of the
Member in charge of the bill. Volume II, section 1459.
A Member having the floor may not exclude a privileged motion by
offering a motion of lower privilege and demanding the previous
question thereon. Volume VIII, section 2609.
If, after debate, the Member in charge of the bill does not move the
previous question, another Member having the floor may do so. Volume V,
section 5475.
PREVIOUS QUESTION--Continued.
(5) By Whom Moved--Continued.
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. Volume VIII, section 2685.
It is in order for a member to make a motion and thereupon to demand
the previous question on the motion. Volume V, sections 5477-5479.
A demand for the previous question having been withdrawn, any Member is
entitled to recognition to renew the motion, although a member of the
committee reporting the bill demands the floor. Volume VIII, section
2683.
(6) Application of.--In General.
The previous question may be moved on a single motion or a series of
allowable motions, on an amendment or amendments, and on a bill to its
final passage or rejection. Volume V, section 5443.
The previous question covers the main question, but does not apply to
incidental questions arising therefrom. Volume V, section 5467. Volume
VIII, section 2687.
The previous question may be moved on both the motion to refer and on
the pending resolution. Volume V, section 5466.
A single motion for the previous question may not apply to a motion to
agree to a conference report and also to a motion to ask a further
conference on amendments not included in the report. Volume V, section
5465.
In order to prevent amendments, the previous question is sometimes
ordered on undebatable motions. Volume V, section 5490.
The motion to go into committee of the Whole to consider a general
appropriation bill may not be amended by a nonprivileged proposition,
and the previous question may not be demanded on it. Volume IV, section
3077.
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.
The motion to close general debate in Committee of the Whole is made
pending the motion that the House resolve itself into committee, and
though not debatable, the previous question is sometimes asked to
prevent attempts at amendment of the motion. Volume V, section 5203.
The motion for the previous question is in order in the House as in
Committee of the Whole and operates as in the House. Volume VI, section
639.
A demand for the previous question made at conclusion of debate on a
bill without specific designation of question on which moved was held
to apply to final passage of the bill and all intervening questions.
Volume VIII, section 2674.
In the consideration of Senate amendments a simple motion for the
previous question applies to the immediate question only and does not
include other pending questions. Volume VIII, section 2676.
The previous question when ordered on a motion to send to conference
applies to that motion alone and does not extend to a subsequent motion
to instruct conferees. Volume VIII, section 2675.
After the previous question has been ordered on a conference report,
the motion to recommit with instructions is privileged, if the other
House has not discharged its conferees. Volume VIII, section 3312.
It is in order to move the previous question on motions or resolutions
providing for the election of Members to standing committees. Volume
VIII, section 2174.
The previous question when ordered on a bill and amendments to final
passage continues in force until final disposition of the bill and is
not vitiated by recommitment with instructions to report amendments.
Volume VIII, section 2677.
PREVIOUS QUESTION--Continued.
(7) Application of.--To Bills.
A single motion for the previous question may be applied only to one
bill, and only by unanimous consent may the previous question be moved
on several bills at one motion. Volume V, sections 5461-5464.
During consideration ``in the House as in Committee of the Whole'' the
previous question may not be moved on a single section of a bill.
Volume IV, section 4930.
During consideration of a bill ``in the House as in Committee of the
Whole'' the previous question may be demanded while Members yet desire
to offer amendments. Volume IV, sections 4926-4929.
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.
Instance wherein a substitute amendment was offered to a bill reported
from the Committee of the Whole with amendments and the previous
question was ordered on all the amendments and the bill to a final
passage. Volume V, section 5472.
A bill being reported from the Committee of the Whole with the
recommendation that the enacting words be stricken out, the previous
question may be moved on a motion to concur without applying also to
further action on the bill. Volume V, section 5342.
The previous question when ordered on a bill and amendments to final
passage continues in force until final disposition of the bill and is
not vitiated by recommitment with instructions to report amendments.
Volume VIII, section 2677.
When the previous question is moved on a bill without designating the
particular question on which demanded the Speaker construes it as a
motion for the previous question on the bill to final passage. Volume
VIII, section 2673.
(8) Application of.--To Resolutions.
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 early decision, since reversed, held that the previous question,
when ordered on a resolution with a preamble, did not apply to the
preamble (footnote). Volume V, sections 5469, 5470.
The previous question may be moved on a resolution while a motion to
recommit it is pending. Volume VIII, section 2678.
although previous question had been ordered on a pending resolution, it
was held that a question of privilege might be debated. Volume VI,
section 561.
(9) Application of.--To Questions of Privilege.
The previous question applies to a question of privielge as to any
other question. Volume II, section 1256. Volume V, section 5460. Volume
VIII, section 2672.
The previous question may be moved on a proposition to censure a
Member, although the effect of it might be to prevent him from making
explanation or defense. Volume V, section 5459.
(10) Relation to Other Motions.--To Lay on the Table.
The motion to lay on the table may not be applied to the motion for the
previous question. Volume V, sections 5410, 5411.
The motion to lay on the table has precedence of the motion for the
previous question. Volume VIII, sections 2658, 2660.
The previous question being demanded on a resolution, a motion to lay
the resolution on the table was held to be in order and to take
precedence. Volume VIII, section 2651.
The previous question being ordered on a bill to final passage a motion
to lay the bill on the table was not entertained. Volume VIII, section
2655.
Under both the earliest and latest practice the motion to lay on the
table is not in order after the previous question is ordered. Volume V,
sections 5415-5422.
PREVIOUS QUESTION--Continued.
(10) Relation to Other Motions.--To Lay on the Table--Continued.
The previous question being demanded on a resolution, and the yeas and
nays ordered on that demand, a motion to lay the resolution on the
table was held not in order. Volume V, sections 5408, 5409.
The ordering of the previous question on a resolution does not carry
the business to such new stage as to justify the repetition of a motion
to lay on the table. Volume V, section 5709.
The motion to lay on the table may not be applied to the motion to
commit authorized after the previous question is ordered. Volume V,
sections 5412-5414.
(11) Relation to Other Motions.--To Postpone.
The motion to postpone may not be entertained after the previous
question has been ordered. Volume V, sections 5320, 5321. Volume VIII,
section 2617.
After the previous question is ordered on a bill a motion to postpone
the bill is not in order. Volume V, section 5319. Volume VIII, section
2616.
A motion for the previous question takes precedence of the motion to
postpone. Volume VI, section 400.
The motion for the previous question takes precedence of the motion to
postpone to a day certain. Volume VIII, section 2609.
(12) Relation to Other Motions.--To Reconsider.
Relation of the motion for the previous question to the motion to
reconsider (footnote). Volume V, section 5656.
The motion to reconsider and the motion to lay that motion on the table
are admitted while the previous question is operated. Volume VIII,
section 2784.
A motion to reconsider is debatable if the motion proposed to be
reconsidered was debatable and the previous question is not operating.
Volume VIII, section 2437.
A motion to reconsider may be made after a motion for the previous
question has been made. Volume V, section 5656.
The motion to reconsider and the motion to lay that motion on the table
are admitted while the previous question is operating. Volume V,
sections 5657-5662.
While the motion to reconsider may be entered at any time during the
two days prescribed by the rule, even after the previous question is
ordered or when a question of the highest privilege is pending, it may
not be considered while another question is before the House. Volume V,
sections 5673-5676.
The vote whereby the previous question is ordered may be reconsidered
once only. Volume V, section 5655.
The motion to reconsider may not be applied to a vote for the previous
question which has been partially executed (Speaker overruled). Volume
V, sections 5653, 5654.
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.
The vote whereby the previous question was ordered having been
reconsidered, it was held in order to withdraw the motion for the
previous question, the ``decision'' having been nullified. Volume V,
section 5357.
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.
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.
A motion to reconsider the vote on the engrossment of a bill may be
admitted after the previous question has been moved on a motion to
postpone. Volume V, section 5663.
PREVIOUS QUESTION--Continued.
(12) Relation to Other Motions.--To Reconsider--Continued.
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.
(13) Relation to Other Motions.--To Refer.--The Ordinary Motion.
The motion to recommit with instructions may be made before the
engrossment of a bill and is debatable, but a demand for the previous
question, if sustained, cuts if off. Volume V, section 5561.
The previous question may be moved on both the motion to refer and on
the pending proposition. Volume VI, section 373.
While the ordinary motion to refer may be applied to a vetoed bill, it
is not in order to move to commit it pending the demand for the
previous question or after the previous question is ordered on the
constitutional question of reconsideration. Volume VII, section 1102.
The motion to refer is in order before the previous question is
demanded, but after the previous question has been ordered on a bill to
final passage, the motion to refer is not admissible until after the
third reading. Volume VIII, section 2746.
(14) Relations to Other Motions.--To Refer.--The Special Motion
Provided by Rule. See also ``Recommit.''
The motion to refer provided for in the rule for the previous question.
Volume V, section 5569.
Pending the vote on the passage of a bill under the operation of the
previous question a motion to commit to a standing or select committee,
with or without instructions, is in order. Volume V, section 5443.
The opponents of a bill have no claim to prior recognition to make the
motion to refer under Rule XVII. Volume II, section 1456.
Under the rule for the previous question but one motion to commit is in
order. Volume V, sections 5577, 5580, 5582, 5885. Volume VIII, sections
2760, 2770.
The previous question having been ordered, a motion to recommit
embodying argument is not in order. Volume VIII, section 2749.
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.
A special order to lay before the House a bill on the Speaker's table
with the previous question ordered on a motion to concur in Senate
amendments, does not prevent submission of a motion to recommit. Volume
VII, section 778.
The previous question having been ordered on a motion to agree to a
Senate amendment to a House bill, a motion to recommit is in order.
Volume VIII, section 2744.
The Committee on Rules may not report any order of business under which
it shall not be in order to offer the motion to recommit after the
previous question is ordered on the passage of the bill. Volume VIII,
sections 2260, 2262-2264.
The limitation on the Committee on Rules in reporting orders of
business operating to prevent the motion to recommit while the previous
question is pending, applies to resolutions for the consideration of
bills only and not to a resolution designating a day to be devoted to
motions to suspend the rules. Volume VIII, section 2265.
While the Committee on Rules in forbidden to report special orders
abrogating the Calendar Wednesday rule or excluding the motion to
recommit after ordering the previous question, a resolution making
possible that ultimate result was on one occasion held in order. Volume
VIII, section 2267.
A rule provides that after the previous question is ordered on the
passage of a bill preference in recognition to move to recommit shall
be given a Member opposed to the bill. Volume VIII, section 2757.
PREVIOUS QUESTION--Continued.
(14) Relations to Other Motions.--To Refer.--The Special Motion
Provided by Rule--Continued.
One proper motion to recommit is in order under operation of the
previous question, and one motion being ruled out, another motion to
recommit is in order. Volume VIII, section 2763.
The House having determined in the negative the question on the
engrossment and third reading of a bill a motion to commit is not in
order under the rule for the previous question. Volume V, sections
5602, 5603.
Where a special order declares that at a certain time the previous
question shall be considered as ordered on a bill to the final passage,
it has usually but not always been held that the motion to commit is
precluded. Volume IV, sections 3207-3209.
The previous question having been ordered and a motion to recommit
having been made in the form of a resolution with a preamble, the
preamble was ruled out of order. Volume V, section 5589.
The Committee of the Whole having decided between two propositions and
the House having agreed to the amendment embodying that decision, it
was held to be in order in the House to move to recommit with
instructions that in effect brought the two propositions to the
decision of the House. Volume V, section 5592.
After the previous question had been ordered it was once held in order
to move to commit with instructions to strike out a portion of an
amendment already agreed to, although such a purpose might not be
accomplished directly by a motion to amend. Volume V, section 5542.
The motion to recommit is not in order after the previous question has
been ordered on a report from the Committee on Rules. Volume VIII,
sections 2270, 2750.
(15) Relation to Other Motions.--To Refer.--Application of the Special
Motion.
The motion to commit after the previous question is ordered applies to
resolutions, the word ``bill'' in the rule being a generic term
applying to all legislative propositions. Volume V, section 5572.
Volume VIII, section 2742.
The motion to commit provided for in the rule for the previous question
applies not only to bills, but to resolutions of the House alone.
Volume V, section 5573.
An opinion of the Speaker that the motion to commit is not in order
when the previous question has been ordered simply on a pending
amendment. Volume V, section 5573.
The previous question having been ordered on a motion to agree to a
Senate amendment to a House bill, a motion to commit is in order.
Volume V, section 5575.
The motion to commit provided for in the rule for the previous question
may be applied to a motion to amend the Journal. Volume V, section
5574.
Although the decisions conflict, those last made do not admit the
motion to commit after the previous question has been ordered on a
report from the Committee on Rules. Volume V, sections 5593-5601.
While the ordinary motion to refer may be applied to a vetoed bill, it
is not in order to move to commit it pending the demand for the
previous question or after it is ordered on the constitutional question
of reconsideration. Volume IV, section 3551.
(16) Relation to Other Motions.--To Refer.--Time of Making the Special
Motion.
Where separate motions for the previous question are made,
respectively, on the third reading and on the passage of a bill, the
motion to commit should be made only after the previous question is
ordered on the passage. Volume V, section 5577.
Where the motion for the previous question covers all stages of the
bill to the final passage, the motion to commit is made after the third
reading, and is not in order before engrossment or third reading or
pending the motion for the previous question. Volume V, sections 5578-
5581.
Where the motion for the previous question covers all stages of the
bill to final passage the motion to recommit is made after the third
reading, and is not in order after the question has been put on the
passage of the bill. Volume VIII, section 2747.
PREVIOUS QUESTION--Continued.
(16) Relation to Other Motions.--To Refer.--Time of Making the Special
Motion--Con.
The motion to refer under Rule XVII may be made pending the demand for
the previous question on the passage whether a bill or resolution be
under consideration. Volume V, section 5576.
The motion to commit has been admitted pending a demand for the
previous question on agreeing to a concurrent resolution. Volume V,
section 6698.
When the previous question has been ordered on a simple resolution (as
distinguished from a joint resolution) and a pending amendment, the
motion to commit should be made after the vote on the amendment. Volume
V, sections 5585-5588.
(17) Relation to Other Motions.--To Refer.--The Special Motion Not
Debatable But Amendable.
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. Volume VIII, sections 2698, 2699, 2738, 2762.
After the previous question is ordered the motion to commit may be
amended, as by adding instructions, unless such amendment be precluded
by moving the previous question on the motion to commit. Volume V,
sections 5582-5584.
A special order providing that the previous question be considered as
ordered ``without intervening motion except one motion to recommit''
was held to preclude both amendment and debate on the motion to
recommit. Volume VII, section 776.
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 ordinary motion to recommit may be amended, as by adding
instructions, unless such amendment is prevented by moving the previous
question. Volume VIII, section 2695.
Unless the previous question has been ordered, instructions offered in
connection with a motion to recommit may be amended. Volume VIII,
section 2712.
Unless the previous question is ordered, a motion to recommit with
instructions is open to amendment, and a substitute striking out all
proposed instructions and substituting others can not be ruled out as
interfering with the right of the minority to move recommitment. Volume
VIII, section 2759.
(18) Relation to Other Motions.--To Refer.--In General.
The vote whereby a bill was passed having been reconsidered, amendments
having been made, and the third reading ordered again under operation
of the previous question, a motion to recommit was held to be in order,
although such a motion had previously been rejected. Volume V, section
5590.
A bill recommitted under Rule XVII, with instructions that it be
reported ``forthwith,'' was, when reported again, passed to be
engrossed and read a third time. Volume V, section 5551.
A bill recommitted under section 1 of Rule XVII (rule of the previous
question) and reported back to the House must again be put on its
passage to be engrossed for a third reading. Volume V, section 5591.
A bill recommitted under the rule relating to the previous question and
on which when it is again reported and considered the previous question
is again ordered, may again be subjected to the motion to commit.
Volume V, section 5591.
The previous question may be moved on a resolution while a motion to
recommit it is pending. Volume VIII, section 2678.
PREVIOUS QUESTION--Continued.
(19) Relation to Other Motions.--To Amend.
An amendment may not attach to the motion for the previous question or
the motions to lay on the table and adjourn when used in the House.
Volume V, section 5754.
A demand for the previous question takes precedence of a motion to
amend. Volume VIII, section 2660.
A motion to instruct conferees is subject to amendment unless the
previous question is ordered. Volume VIII, section 3231.
(20) Relation to Other Motions.--To Suspend the Rules.
A motion to suspend the rules may be entertained, although a bill on
which the previous question has been ordered may be pending. Volume V,
section 6827. Volume VIII, section 3418.
In the later but not the earlier practice the motion to suspend the
rules has been admitted after the previous question has been moved.
Volume V, sections 6831-6833.
While the previous question was operating on a series of Senate
amendments to a House bill it was held not in order to move to suspend
the rules to admit a motion to take the vote on the amendments in
gross. Volume V, sections 6828-6830.
(21) Relation to Other Motions.-Question of Consideration.
The demand for the question of consideration may not be prevented by a
motion for the previous question. Volume V, section 5478.
The question of consideration may not be raised against a bill on which
the previous question has been ordered. Volume V, sections 4965-4966.
The question of consideration has been admitted where other business
has intervened between the ordering and execution of the previous
question, but not after an adjournment merely. Volume V, sections 4967-
4968.
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 similar way. Volume V, sections 4944-
4945.
(22) Questions of Order Pending.
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.
The previous question may not be demanded on a proposition against
which a point of order is pending. Volume VIII, section 3433.
The previous question may not be moved on a motion against which a
point of order is pending. Volume VIII, section 2681.
(23) Questions of Privilege Pending.
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.
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.
(24) The Forty Minutes of Debate After the Ordering of.
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.
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.
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.
PREVIOUS QUESTION--Continued.
(24) The Forty Minutes of Debate After the Ordering of--Continued.
The forty minute 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.
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 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 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.
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 rule permitting forty minutes 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 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 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.
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.
(25) In Relation to Division of the 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.
(26) Effect of.--On Debate and the Reading of Papers.
The motion for the previous question, when agreed to, has the effect of
cutting off 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 debate is not in order
after the previous question is ordered. Volume V, sections 5294, 5295.
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 previous question having been demanded on a resolution adopting
rules for the House, a demand for the reading of the rules, which were
not a part of the resolution, was overruled. Volume V, section 5297.
PREVIOUS QUESTION--Continued.
(26) Effect of.--On Debate and the Reading of Papers--Continued.
The previous question being ordered, a Member may not ask a decision of
the House on his request for the reading of a paper not before the
House (Speaker overruled). Volume V, section 5296.
A Member may demand the reading in full of the actual engrossed copy of
a bill, and although the previous question be ordered the bill, on
demand, is laid aside until engrossed. Volume IV, sections 3395-3399.
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 may continue, the previous question not having been ordered,
until the Speaker has put the negative side of the question. Volume
VIII, section 3065.
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.
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 VIII, section 2662.
(27) Effect of.--Further Amendment Precluded.
After the previous question has been moved or ordered on a bill and
pending amendments further amendments may not be offered. Volume V,
sections 5486, 5487.
After the previous question is ordered on a pending proposition
modifications or amendments may be made only by unanimous consent.
Volume V, sections 5482-5485.
A modification of a proposition being dependent on the right of
withdrawal may not be made after the previous question is ordered
(Speaker overruled). Volume V, section 5484.
The previous question being demanded or ordered on a motion to concur
in a Senate amendment, a motion to amend is not in order. Volume V,
section 5488.
The ordering of the previous question to the final passage of a bill
was held to exclude a motion to strike out the title. Volume V, section
5471.
The motion to amend the Journal takes precedence of the motion to
approve it, but the motion to amend is not admitted after the previous
question has been demanded on the motion to approve. Volume VI, section
633.
The motion to amend the Journal may not be admitted after the previous
question is demanded on the motion to approve. Volume VIII, section
2684.
The ordering of the previous question after a resolution had been read
and before committee amendments had been reported was held to preclude
reading or consideration of such amendments. Volume VIII, section 2686.
(28) Effect of.--On the Withdrawal of Motions.
A motion may not be withdrawn after the previous question has been
ordered on it. Volume V, section 5355.
The previous question having been demanded on a motion to recommit, it
was held to be not in order to withdraw the latter motion. Volume V,
section 5489.
While the House was dividing on a second of the previous question on a
motion to refer a proposition, a Member was permitted to withdraw it,
the House having made no decision. Volume V, section 5350.
Instance of the withdrawal of a motion after the previous question has
been ordered on an appeal from a decision on a point of order as to the
motion. Volume V, section 5356.
(29) Effect of.--As to the Motion to Recede.
After the previous question has been moved on a motion to adhere, a
motion to recede may not be made. Volume V, section 6310.
A motion to recede and concur is in order even after the previous
question has been demanded on a motion to insist. Volume V, section
6208.
PREVIOUS QUESTION--Continued.
(29) Effect of.--As to the Motion to Recede--Continued.
Although the previous question may have been demanded on a motion to
insist, it has been held that a motion to recede and concur might be
admitted to precedence. Volume V, section 6321a.
(30) Effect of.--As to Conference Reports.
A conference report is in order pending a demand for the previous
question. Volume V, section 6450.
A conference report has precedence of a report from the Committee on
Rules on which the yeas and nays and the previous question have been
ordered. Volume V, section 6449.
The motion to recommit a conference report with instructions to the
House conferees is subject to amendment unless the previous question is
ordered. Volume VIII, section 3241.
It is in order to recommit a conference report, if the other House by
action on the report has not discharged its managers, and after the
previous question is ordered on agreement, the motion to recommit with
or without instructions is privileged. Volume VIII, section 3311.
(31) Effect of.--When a Bill Goes Over to Another Day. See also
``Unfinished Business.''
When the House adjourns before voting on a proposition on which the
previous question has been ordered the question comes up the next day
immediately after the reading of the Journal, superseding the order of
business. Volume V, sections 5510-5517.
The highly privileged status of a bill on which the previous question
has been ordered is not impaired by delays in calling the bill up for
action. Volume IV, section 3277.
The precedence which belongs to a bill coming over from a previous day
with the previous question ordered is not destroyed by the fact that
the allowable motion to commit may be pending with amendments thereto.
Volume V, section 5519.
When several bills come over from a previous day with the previous
question ordered they have precedence in the order in which the several
motions for the previous question were made. Volume V, section 5518.
A bill on which the previous question has been ordered takes precedence
of a special order, although the latter may provide for immediate
consideration. Volume V, section 5520.
When the terms of a special order are such as in effect to order the
previous question, business unfinished with the day set apart by the
order does not fall, but is in order the next day after the reading of
the Journal. Volume IV, section 3185.
When the House adjourns on days set apart for special business without
ordering the previous question, the pending measure comes up as the
unfinished business on the next day on which that class of business is
again in order. Volume VIII, section 2694.
Business in order on Friday and on which the previous question was
pending at adjournment on that day comes up as the unfinished business
on the next legislative day. Volume VIII, section 2694.
A resolution coming over from the preceding day with the previous
question ordered was held to take precedence of a motion for
disposition of a veto message from the President. Volume VIII, section
2693.
A bill on which the previous question has been ordered at adjournment
on Wednesday was taken up as the unfinished business on Thursday and
took precedence of a motion to go into the Committee of the Whole for
the consideration of a bill privileged by special order. Volume VIII,
section 2674.
When the House adjourns on Tuesday without voting on a proposition on
which the previous question has been ordered, the question does not
come up on Wednesday but on the following Thursday. Volume VII, section
890.
If the House adjourn without voting on a proposition on which the
previous question has been ordered, the question comes up as unfinished
business on the next legislative day, Wednesday excepted. Volume VIII,
section 2691.
PREVIOUS QUESTION--Continued.
(31) Effect of.--When a Bill Goes Over to Another Day.--Continued.
In the absence of an order for the previous question, business
undisposed of at adjournment comes up as unfinished business only on
the next day when that class of business is again in order and not on
the next legislative day. Volume VII, section 854.
The consideration of a bill under special order takes precedence of
reading of engrossed copy of bill on which the previous question has
been ordered. Volume VII, section 764.
The previous question having been ordered on a bill, the reading of the
engrossed copy of which has been demanded after order for reading has
been agreed to but deferred pending arrival of the actual engrossed
copy, is privileged when the engrossed copy is received in the House.
Volume VII, section 1062.
A bill under consideration on Calendar Wednesday, and on which the
previous question had been ordered but no disposed of at adjournment,
comes up as unfinished business on the next legislative day. Volume
VII, section 967.
While holding unfinished business on which the previous question was
pending at adjournment on the previous day to be of equal privilege,
the Speaker directed the call of the Consent Calendar. Volume VII,
section 990.
(32) As Related to Reports From Committee of the Whole.
Amendments reported to the House by the Committee of the Whole are
subject to amendment and the bill itself is open to amendment in the
House unless the previous question is ordered. Volume VIII, section
2419.
A recommendation from the Committee of the Whole to recommit a bill on
which the previous question had been ordered by special rule, being
rejected, the question recurs on the passage of the bill. Volume VII,
section 777.
A special rule, ordering the previous question on a pending bill and
amendments to final passage when reported from the Committee of the
Whole, was held not to preclude a recommendation by the Committee of
the Whole that the bill be recommitted. Volume VII, section 777.
A special order providing that the Committee of the Whole rise at the
conclusion of the reading of a bill and report it to the House and that
the previous question operate to final passage was held not to
interfere with the right of the committee to report with recommendation
to recommit. Volume VIII, section 2375.
The recommendation of the Committee of the Whole to recommit a bill
being decided in the negative, the question was held to recur on the
amendments and bill under a special rule ordering the previous question
on the bill and amendments to final passage. Volume VIII, section 2375.
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 Committee of the Whole having reported back Senate amendments to a
bill with recommendations for their disposition, it was held that a
motion to recommit properly applied to the bill and not to the
amendments. Volume VIII, section 2743.
The vote having been taken on agreeing to a report of the Committee of
the Whole on which the previous question had been ordered, it was held
that the operation of the previous question had been consummated and
did not apply to related questions again brought before the House.
Volume VIII, section 2687.
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.
If the Committee of the Whole reports to the House a substitute for the
entire bill the substitute is subject to amendment in the House unless
the previous question is operating. Volume VIII, section 2419.
PREVIOUS QUESTION.--Continued.
(32) As Related to Reports From Committee of the Whole.--Continued.
When a Senate bill is reported by the Committee of the Whole with an
amendment in the nature of a substitute and the House rejects the
substitute, and the previous question is operating, the vote recurs on
the Senate bill without amendment. Volume VIII, section 2427.
(33) In General.
The motion for the previous question is not admitted in the Senate.
Volume VIII, section 2663.
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.
An order for the previous question does not preclude the demand for a
separate vote on component substantive propositions. Volume VIII,
section 3173.
When the House adjourns on Wednesday without voting on a proposition on
which the previous question has been ordered the question does not go
over to the following Wednesday but comes up on the next legislative
day. Volume VII, section 895.
The previous question may be ordered on a bill on the House Calendar
Wednesday prior to the expiration of debate allotted under the rule.
Volume VIII, section 2680.
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.
PRICE.
The Missouri election case of Price v. McClurg in the Thirty-eighth
Congress. Volume I, section 377.
The Louisiana election case of Beattie v. Price, in the Fifty-fourth
Congress. Volume I, section 341.
PRINT, LEAVE TO.
General leave to print may be granted only by the House, although in
Committee of the Whole a Member, by unanimous consent, is sometimes
given leave to extend his remarks. Volume V, sections 7009, 7010.
Volume VIII, section 3488.
Rules governing the furnishing of copy under leave to print in the
Congressional Record. Volume V, section 7024. Volume VIII, section
3500.
General leave to print extended at the close of a session authorizes
Members to extend remarks without restriction as to the number of
extensions. Volume VIII, section 3478.
Leave to print authorizes extensions of the Member's remarks only and
other matter may not be included without specific permission. Volume
VII, section 3480.
Authorizations to extend remarks in the Record are strictly construed
and it is not in order under leave to print to insert other material
than that designated in the request. Volume VIII, section 3479.
Instance wherein it was stipulated that matter inserted under leave to
print should be limited to the Member's own remarks and should not
include newspaper articles or other extraneous matter. Volume VIII,
section 3481.
For abuse of the leave to print, the House censured a Member after a
motion to expel him had failed. Volume VI, section 236.
An abuse of the leave to print in the Congressional Record gives rise
to a question of privilege. Volume VIII, section 3495.
Where one paragraph of a speech inserted in the Record under leave to
print contained unparliamentary language, the entire speech was
stricken out. Volume VIII, section 3472.
A Member, having inserted articles from a magazine under leave to
extend his own remarks, was given unanimous consent to expunge the
unauthorized matter on condition that it not be reprinted by the Public
Printer as frankable. Volume VIII, section 3475.
PRINT, LEAVE TO--Continued.
A resolution to expunge from the Record a speech alleged to be an abuse
of the leave to print must be entertained as a matter of privilege.
Volume VIII, section 3475.
A motion to expunge unparliamentary language inserted under leave to
print was entertained as privileged. Volume VIII, section 3491.
A resolution providing for the appointment of a committee to consider
the propriety of remarks inserted under leave to print was entertained
as privileged. Volume VIII, section 3493.
A resolution providing for an investigation of the propriety of
remarks, alleged to be an abuse of the leave to print, is entertained
as a matter of privilege. Volume VIII, section 3495.
When a Member, under leave to print, places in the Congressional Record
that which would not have been in order if uttered on the floor, the
House may exclude the language. Volume VIII, section 3495.
Insertion of improper language under leave to print was held to sustain
a question of the privilege of the House. Volume VIII, section 3491.
The period within which Members may extend remarks under leave to print
begins with the day on which permission is granted. Volume VIII,
section 3476.
Remarks extended in the Record under leave to print are inserted as of
the date on which permission is granted. Volume VIII, section 3483.
Matter inserted in the Record under leave to print, if in continuation
of remarks actually delivered on the floor, appears in connection with
the speech in the body of the Record, but where the Member has not
actually occupied the floor such extensions of remarks are printed in
the Appendix. Volume VIII, section 3485.
It is for the House and not the Speaker to determine whether matter
inserted in the Congressional Record under leave to print is in
violation of the rules. Volume VIII, section 3475.
PRINTING.
(1) Rules and law as to bills and documents.
(2) Regulations as to numbers of bills, documents, etc.
(3) Documents and illustrations therein.
(4) Of record in election contest.
(5) The Committee on.
(1) Rules and Law as to Bills and Documents.
The printing, enrolling, signing, and certification of bills on their
passage between the two Houses are governed by usages founded on former
joint rules. Volume IV, section 3430.
The Journal does not record in full a conference report presented
merely for printing in the Record under the rule. Volume IV, section
2860.
A bill on its introduction is entered on the Journal by its number and
title, but is not printed therein in full. Volume IV, section 2854.
The rules contemplate that a committee may report a matter to the House
for printing and recommitment. Volume V, section 5647.
Privileged reports are sometimes printed and recommitted. Volume IV,
section 4651.
It was held under the former practice that a proposition on the table
might be printed. Volume V, section 5427.
The early practice was not uniform as to the right of a Member to
demand the reading of a paper which it was proposed to print. Volume V,
sections 5263-5265.
All documents referred to committees or otherwise disposed of are
printed, unless otherwise specially ordered. Volume V, section 7315.
All bills, petitions or memorials, or resolutions reported from a
committee shall be accompanied by reports in writing, which shall be
printed. Volume V, section 5647.
Unless ordered by the House no bill, resolution, or other proposition
reported by a committee shall be printed unless placed on the Calendar.
Volume V, section 7315.
A statute provides for the printing and distribution of documents.
Volume VI, section 371.
PRINTING--Continued.
(1) Rules and Law as to Bills and Documents--Continued.
Discussion of practices of the committees in ordering printing of
hearings. Volume VI, section 374.
The calendars are printed daily. Volume VI, section 743.
The printing of hearings before a committee of the House was held to be
``printing for the use of the House,'' and a resolution authorizing
such printing was construed to come within the privilege of the
Committee on Printing to report at any time. Volume VIII, section 2296.
Bills reported from committees shall be accompanied by reports which
shall be printed. Volume VIII, section 2783.
A conference report and the accompanying statement must be correctly
printed in the Record, and although the original report and statement
are correct, an error in printing either renders it subject to the
point of order that it does not comply with the rule. Volume VIII,
section 3298.
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.
Committee hearings may be printed as Congressional documents only when
specifically ordered by Congress or either House thereof. Volume VIII,
section 3664.
The printing of documents is governed by statute, and motions to
authorize such printing are not in order. Volume VIII, section 3665.
A committee of the House may order printed 1,000 copies of its hearings
irrespective of cost. Volume VIII, section 3666.
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.
(2) Regulations as to Numbers of Bills, Documents, etc.
The statutes limit the printing of documents and reports. Volume V,
section 7320.
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.
Extra copies of bills may be ordered printed by simple resolution of
the House if the cost does not exceed $500, or by concurrent resolution
if the cost exceeds that sum. Volume V, section 7319.
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 Joint Committee on Printing have power to regulate the printing of
documents to the demand, within certain limits. Volume V, section 7327.
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.
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.
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.
Self-appropriating orders for printing extra copies of bills,
documents, etc., are required to be by joint resolution. Volume V,
section 7319.
Limitation on the power of committees to order printing of hearings,
etc. Volume V, section 7319.
(3) Documents and Illustrations Therein.
The statutes define the term ``public document,'' and provide for the
division of documents among Members and the distribution thereof.
Volume V, section 7316.
PRINTING--Continued.
(3) Documents and Illustrations Therein--Continued.
The printing and distribution of documents and reports are specifically
regulated by statute. Volume V, section 7318.
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.
General provision of the statutes relating to printing of memorial
addresses, drawings, maps, etc., and editing of documents. Volume V,
section 7317.
Illustrations of the general jurisdiction exercised by the House branch
of the Joint Committee on Printing. Volume VII, section 209.
The statute requires that requests for permission to insert
illustrations in the Record be submitted to the Joint Committee on
Printing through the chairman of the respective House in which the
speech desired to be illustrated may be delivered, and motions for the
insertion of illustrations are not in order in the House. Volume VIII,
section 3501.
(4) Of Record in Election Contest.
Law governing the duty of the Clerk of the House as to the printing of
testimony in an election case. Volume I, section 705.
The law governing the filing of contestant's and contestee's briefs in
an election case and the printing thereof. Volume I, section 705.
A point of order being raised challenging the validity of a report on a
contested-election case presented for filing, the Speaker directed that
the report be printed with a reservation of the point of order. Volume
VI, section 182.
(5) The Committee on.
The Committee on Rules, Elections, Ways and Means, Rivers and Harbors,
Public Lands, Territories, Enrolled Bills, Invalid Pensions, Printing,
and Accounts may report at any time on certain matters. Volume IV,
section 4621.
The Committee on Rules, Elections, Ways and Means, Appropriations,
Rivers and Harbors, Public Lands, Territories, Enrolled Bills, Invalid
Pensions, Printing, and Accounts may report at any time on certain
matters. Volume VIII, section 2251.
The privilege of the Committee on Printing is confined to printing for
the two Houses and of Accounts to expenditures from the contingent
fund. Volume IV, section 4621. Volume VIII, section 2251.
A report from the Committee on Printing relating to printing for the
use of the two Houses does not require consideration in Committee of
the Whole. Volume VI, section 4868.
Construction of the rule granting privilege to the Committee on
Printing. Volume VIII, section 2294.
In passing upon the privilege of resolutions reported by the Committee
on Printing the number of copies specified cannot be considered in
determining the question as to whether such copies are for the use of
the House. Volume VIII, section 2294.
While reports from the Committee on Printing pertaining to ``printing
for the House or two Houses'' are privileged, that privilege does not
extend to a bill providing for revision of the printing laws. Volume
VIII, section 2295.
Privilege conferred on bills reported by the Committee on Printing is
confined to provisions for printing for the two Houses, and an
appropriation for such purpose destroys the privileged character of the
bill. Volume VIII, section 2297.
Reports from the Committee on Printing when on provisions for printing
for the use of the Congress are privileged. Volume VIII, section 2298.
Authorization of publications in connection with the service of the
House is a subject belonging to the jurisdiction of the Committee on
Printing and not the Committee on Accounts. Volume VIII, section 2300.
PRINTING, JOINT COMMITTEE ON.
(1) Creation of.
(2) Legislative jurisdiction of.
(3) Executive duties of.
(4) In general.
(1) Creation of.
The Creation and history of the Joint Committee on Printing. Section 57
of Rule XI. Volume IV, section 4347.
Recent history of the Joint Committee on Printing, section 42 of Rule
XI. Volume VII, section 2092.
The Joint Committee on Printing, while recognized by the rules, was
created by the statutes. Volume IV, section 4347.
The statutes empower either branch of the Joint Committee on Printing
to act in case of the nonexistence of the other. Volume IV, section
4347.
The Senate has specially empowered its Committees on Printing, Enrolled
Bills, and Library to act in conjunction with similar House committees.
Volume IV, section 4416.
(2) Legislative Jurisdiction of.
The rules give to the ``Joint Committee on Printing on the part of the
House'' jurisdiction of ``all proposed legislation or orders touching
printing.'' Volume IV, section 4347.
A proposition to make corrections in remarks printed in the
Congressional Record was reported by the Committee on Printing. Volume
IV, section 4349.
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.
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.
The Committee on Printing have exercised an infrequent jurisdiction as
to the pay of employees at the Government Printing Office. Volume IV,
section 4348.
The Joint Committee on Printing has exercised an infrequent
jurisdiction as to the pay of employees at the Government Printing
Office. Volume VII, section 2096.
It was held in order to refer a matter to a joint committee, although a
law directed that such matters be referred to the House members of the
said joint committee. Volume IV, section 4433.
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.
The printing of reports by the Board of Engineers relating to rivers
and harbors is a subject within the jurisdiction of the Joint Committee
on Printing and not the Committee on Rivers and Harbors. Volume VII,
section 2095.
Neither House may by order or simple resolution infringe upon the
prerogatives vested by law in the Joint Committee on Printing. Volume
VII, section 2097.
(3) Executive Duties of.
The Joint Committee on Printing has executive duties conferred by
statute. Volume IV, section 4347.
The arrangement, style, etc., of the Congressional Record is prescribed
by the Joint Committee on Printing. Volume V, section 7024. Volume
VIII, section 3500.
The insertion of maps and diagrams in the Congressional Record is
within the control of the Joint Committee on Printing. Volume V,
section 7024. Volume VIII, section 3500.
The 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.
PRINTING, JOINT COMMITTEE ON--Continued.
(3) Executive Duties of--Continued.
The Joint Committee on Printing have power to regulate the printing of
documents to the demand within certain limits. Volume V, section 7327.
The Congressional Directory is compiled under direction of the Joint
Committee on Printing, Volume V, section 7342.
Discussion of the functions of the Joint Committee on Printing. Volume
VI, section 371.
While the Joint Committee on Printing is empowered by law to discharge
certain executive duties when Congress is not in session, this
committee may not be authorized to perform legislative functions prior
to its election in an ensuing Congress. Volume VII, section 2098.
(4) In General.
The privilege of the Committee on Printing is confined to printing for
use of the two Houses, and the presence of matter not privileged
destroys the privileged character of the report, Volume IV, sections
4647-4649.
A report from the Committee on Printing relating to printing for the
use of the two Houses does not require consideration in Committee of
the Whole. Volume IV, section 4868.
State memorials and petitions may be printed in full in the Record of
the House proceedings only by leave of the House as extension of
remarks. Volume VII, section 1024.
A proposition to print Government publications outside the Government
Printing Office was held to be a change of law. Volume VII, section
1465.
Provisions for the printing of the Congressional Record is statutory
and motions amendatory thereto are not in order. Volume VIII, section
3499.
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.
The standing committees and the floor leaders are ordinarily authorized
by resolution to order necessary official printing, including printing
for party conferences. Volume VIII, section 3660.
The approved form of resolutions authorizing printing begin ``Resolved,
That there shall be printed.'' Volume VIII, section 3361.
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.
PRIOLEAU.
The South Carolina election cases of Jacobs v. Lever, Myers v.
Patterson, and Prioleau vs. Legare in the Fifty-ninth Congress. Volume
II, section 1135.
The South Carolina election cases of Dantzler v. Lever, Prioleau v.
Legare, and Myers v. Patterson in the Sixtieth Congress. Volume VI,
section 122.
The South Carolina election cases of Richardson v. Lever, Prioleau v.
Legare, and Myers v. Patterson, in the Sixty-first Congress. Volume VI,
section 128.
The South Carolina election case of Prioleau v. Legare in the Sixty-
second Congress. Volume VI, section 130.
The South Carolina election case of Prioleau v. Whaley in the Sixty-
fourth Congress. Volume VI, section 142.
PRISONER.
A prisoner of the House was taken, by its order and in custody of the
Sergeant-at-Arms, to testify in the court of a State. Volume II,
section 1627.
Members are not permitted to communicate with a prisoner arraigned at
the bar of the House. Volume II, section 1626.
In a contempt case tried at the bar of the House the prisoner and
counsel withdrew during deliberations of the House. Volume II, section
1602.
PRISONS.
The management of national penitentiaries and the authorization of
buildings therefore are within the jurisdiction of the Committee on the
Judiciary. Volume IV, section 4070.
PRIVATE AFFAIRS.
Discussion of the power of investigation possessed by Congress in
relation to the individual's right of privacy. Volume III, section
1766.
The general authority of the House to compel testimony and the
production of papers in an investigation and the relation of this right
to the rights of individuals to privacy in business affairs were
discussed in 1837. Volume III, section 1733.
In authorizing an investigation of the Bank of the United States in
1832 a distinction was drawn between the public relations of the banks
to the Government and its dealings with private individuals. Volume
III, section 1731.
The investigation of the Bank of the United States in 1834 was objected
to on the ground that it involved a general search of the affairs of
private individuals. Volume III, section 1732.
In 1860 a proposition to arrest a Government official for refusing to
produce a paper which he declared to be entirely private in its nature
was abandoned after discussion. Volume III, section 1683.
An inquiry as to the integrity of Senators was held to be within the
power of the Senate and questions relating thereto were not
unreasonable intrusions into the affairs of the citizen. Volume III,
section 1614.
In 1858 the House imprisoned John W. Wolcott for contempt in refusing
as a witness to answer a question which he contended was inquisitorial
but which the House held to be pertinent. Volume III, section 1671.
In 1873 Joseph B. Stewart was imprisoned for contempt of the House in
refusing as a witness to answer a question which he claimed related to
the relations of attorney and client and therefore was inquisitorial.
Volume III, section 1689.
In 1874 the House imprisoned in the common jail a contumacious witness,
Richard B. Irwin, who contended that the inquiry proposed by the House
committee was unauthorized and exceeded the power of the House. Volume
III, sections 1690, 1691.
In 1868 a contumacious witness, Charles W. Woolley, who declined to
answer for the alleged reason that the examination was inquisitorial,
was imprisoned for contempt. Volume III, section 1686.
Form of subpoena duces tecum used for compelling production of
telegrams in 1877, but criticized as too general and verbally
defective. Volume III, section 1695.
The case of Harry F. Sinclair, continued. While emphasizing the
importance of protecting the individual from unreasonable and arbitrary
disclosures of his private affairs, the court holds that either House
of Congress is authorized to require testimony in aid of legislation.
Volume VI, section 338.
At the suggestion of a committee charged with an investigation its
authority to inspect private and secret archives was canceled. Volume
VI, section 370.
Discussion of the use of the subpoena duces tecum in procuring books
and papers from a private person. Volume VI, section 400.
The House is not bound by private agreement between Members even when
entered into on the floor in course of debate. Volume VII, section 927.
PRIVATE BILLS.
(1) As distinguished from public.
(2) May not be made general by amendment.
(3) Relating to claims.
(4) Introduction and reference of.
(5) The Calendar and Committee of the Whole House.
PRIVATE BILLS--Continued.
(1) As Distinguished From Public.
A private bill is a bill for the relief of one or several specified
persons, corporations, institutions, etc. and is distinguished from a
public bill, which relates to public matters and deals with individuals
only by classes. Volume IV, section 3285.
A bill which applies to a class and not to individuals as such as a
public bill. Volume III, section 2614.
A bill for the advantage of private individuals, even in connection
with a public object, has been treated as a private bill. Volume IV,
section 3289.
A bill for the benefit of individuals, but which includes also
provisions of general legislation, is classed as a public bill. Volume
IV, section 3286.
A bill containing among provisions for the relief of private persons
one item to pay a claim of a foreign nation was classed as a public
bill. Volume IV, section 3287.
A bill granting American registry to a foreign-built vessel is classed
as a private bill. Volume IV, section 3292.
A bill prescribing the form of oath to be taken by a Member-elect of
the House was held to be a private bill. Volume IV, section 3291.
A bill authorizing one tribe of Indians to sue another in the Court of
Claims was held to be a private bill. Volume IV, section 3290.
A bill to create a corporation in the District of Columbia was held to
be a public bill. Volume IV, section 3294.
The Committee of the Whole has decided that a bill to pension a
battalion of soldiers should be treated as a private bill. Volume IV,
section 3293.
A bill, the beneficiaries of which, though readily ascertainable, were
designated as a class, was classed as a private bill. Volume VII,
section 857.
A bill for the relief of a tribe of Indians was classed as a private
bill. Volume VII, section 858.
A bill for the benefit of an individual, though dealing with Government
property, is classed as a private bill. Volume VII, section 859.
A bill transferring title of public lands to a private corporation was
classed as a private bill. Volume VII, section 861.
A bill authorizing a credit in the accounts of a Federal official was
classed as a private bill. Volume VII, section 863.
Discussion and distinction between public and private bills and method
of introduction and reference. Volume VII, section 864.
A bill to refund money to a municipality was classed as a private bill.
Volume VII, section 867.
A bill providing for individuals, corporations, or private institutions
is classed as a private bill. Volume VII, section 869.
A bill authorizing payment for services rendered a Government bureau by
a private agency was held to be a private bill. Volume VII, section
869.
A bill transferring to a water users' association the operation and
maintenance of an irrigation project financed by the Government,
without relinquishing the lien of the Government for funds expended,
was held to be a private bill. Volume VII, section 871.
Bills providing for preliminary surveys of rivers and harbors are
classed as private bills. Volume VII, section 1027.
(2) May Not Be Made General by Amendment.
It is not in order to amend a private bill by adding provisions general
and public in character. Volume IV, section 3292.
To a bill for the benefit of a single individual or corporation, an
amendment embodying general provisions applicable to the class
represented by the individual is not germane. Volume V, sections 5843-
5846.
A private bill for the relief of one individual may not be amended so
as to extend its provisions to another individual even indirectly,
through a motion to recommit with instructions. Volume IV, section
3296.
PRIVATE BILLS--Continued.
(2) May Not Be Made General by Amendment--Continued.
It is not in order to move to commit a private bill with instructions
that the committee report a general bill relating to subjects of the
same class. Volume IV, section 3295.
To a bill for the relief of one individual an amendment providing a
similar relief for another individual is not germane. Volume V,
sections 5826-5829.
A private bill of the House, returned from the Senate with a substitute
amendment of a public nature, was held to be a private bill still.
Volume IV, section 3288.
A private bill for the benefit of a collection of individuals,
ascertainable by name, may not be amended so as to extend its
provisions to a class of individuals not definitely ascertainable.
Volume VII, section 860.
An amendment, which adopted would constitute a public bill, is not
germane to a private bill. Volume VII, section 860.
(3) Relating to Claims.
A committee having reported a private bill grouping together a series
of claims, each belonging to the jurisdiction of the committee, it was
held that no point of order would be sustained when the bill came up in
Committee of the Whole. Volume IV, section 4784.
The right of a Claims Committee to report with the status of a private
bill a resolution providing for sending a series of specified claims to
the Court has been affirmed. Volume IV, section 3297.
(4) Introduction and Reference of.
The reference of a private bill is indorsed on it by the Member
introducing it, while the reference of a public bill is made by the
Speaker. Volume IV, section 3364.
The reference of private bills to committees is indicated by the
Member. Volume VII, section 1027.
Members introducing private bills indorse upon them the name of the
committee to which referred under the rule. Volume VII, section 1032.
Rules for correction of erroneous reference of private and public
bills. Volume IV, section 3364.
The erroneous reference of a private House bill to a committee not
entitled to jurisdiction does not confer it, and a point of order is
good when the bill comes up for consideration either in the House or in
Committee of the Whole. Volume IV, sections 4382-4389. Volume VII,
section 2132.
When the House itself refers a private House bill to a committee, the
point of order as to jurisdiction does not avail. Volume IV, section
4391. Volume VII, section 2131.
The House having changed the reference of a private Senate bill from
one committee to another, a point of order as to the jurisdiction of
the latter committee made after the bill was reported was overruled.
Volume IV, section 4390.
Appropriations for payment of French spoliation claims being included
in a private bill reported by the Committee on War Claims, the Chairman
of the Committee of the Whole House ordered them stricken out as
belonging to the jurisdiction of the Committee on Claims. Volume IV,
section 4265.
The 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 erroneous reference of a petition or private bill referred by the
Member under the rule does not confer jurisdiction on the committee
receiving it. Volume IV, section 3364.
The reference of a bill, or a change in the reference of a bill, by the
Speaker, does not preclude the point of order, when called up for
consideration, that it has been improperly referred. Volume VII,
section 863.
PRIVATE BILLS--Continued.
(5) The Calendar and Committee of the Whole House.
The rule providing for consideration of Senate bills on the Speaker's
table applies to private as well as public bills. Volume IV, section
3101.
Description of the House, Union, and Private Calendars. Volume IV,
section 3115.
Under the present practice reports from the Court of Claims under the
Bowman act, which are also reported by a House committee and sent to
the Private Calendar, do not remain on that Calendar during a
succeeding Congress. Volume IV, sections 3299-3302.
Distinction between the Committee of the Whole House on the state of
the Union and the Committee of the Whole House. Volume IV, section
4705.
PRIVATE BUSINESS.
(1) Friday set apart for.
(2) Motions to go into Committee of the Whole House to consider.
(1) Friday Set Apart for.
Friday of each week is set apart for private business, unless otherwise
determined by the House. Volume IV, section 3266.
By a standing order long in force private business from the Committees
on Claims and War Claims, alternates on all Fridays devoted to private
business, except the second and fourth of each month. Volume IV,
section 3266.
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.
A motion to lay aside private business is in order on Friday and may be
agreed to by majority vote. Volume IV, sections 3270-3272.
A question has arisen as to the class of business in order when the
Friday evening session, provided for by the rules, has been prolonged
to the next day by a recess. Volume V, section 6668.
An appeal pending at an adjournment on Friday, but related to public
and not private business, does not go over to the next Friday, but
comes up on the next legislative day. Volume V, section 6945.
When the House by special order devotes Friday entirely to business
other than private business the special rules governing the use of the
day are thereby suspended. Volume IV, section 3282.
A special order which provides for the consideration of a bill from day
to day until disposed of includes, unless exception be made, a day such
as Friday set apart by the rules for a class of business. Volume IV,
sections 3201, 3202.
A privileged motion to proceed to the consideration of a general
pension bill reported by the Committee on Invalid Pensions is in order
on Friday as on other days. Volume VIII, section 2292.
Business in order on Friday and on which the previous question was
pending at adjournment on that day comes up as the unfinished business
on the next legislative day. Volume VIII, section 2694.
A motion to reconsider the vote by which recommendation of the
Committee of the Whole House that the enacting clause of a bill on the
Private Calendar to stricken out was agreed to, may be entered on any
day on which recognition is had for that purpose, but the motion may be
taken up for consideration on private calendar Friday only. Volume
VIII, section 2786.
(2) Motions to Go Into Committee of the Whole to consider.
Each Friday, after the unfinished business is disposed of, the motion
to go into Committee of the Whole House to consider business on the
Private Calendar is in order. Volume IV, section 3267.
PRIVATE BUSINESS--Continued.
(2) Motions to Go Into Committee of the Whole to Consider--Continued.
On a Friday devoted to private business the unfinished private business
must be considered before a motion to go into Committee of the Whole
House is in order. Volume IV, sections 3276-3280.
The motion to go into Committee of the Whole House to consider business
on the Private Calendar being decided in the negative may not be
repeated on the same day. Volume IV, section 3275.
If the House on a Friday votes down a motion to go into Committee of
the Whole House to consider the Private Calendar, public business is
then in order as on other days. Volume IV, section 3267.
On 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.
The motion to go into Committee of the Whole House on the state of the
Union to consider a bill other than a revenue or general appropriation
bill is not privileged on Friday as against private business. Volume
IV, sections 3273, 3274.
The motion to go into Committee of the Whole House to consider business
on the Private Calendar may not include a designation of the bills to
be considered by the committee. Volume IV, sections 3268, 3269.
A motion to go into Committee of the Whole to consider general
appropriation bills is in order Friday as on other days. Volume IV,
section 3081.
The motion to go into Committee of the Whole to consider general
appropriation bills has precedence on a Friday of a motion to go into
Committee of the Whole to consider the Private Calendar. Volume IV,
sections 3082-3085. Volume VI, section 719.
The motion to go into the Committee of the Whole to consider general
appropriation bills on Friday takes precedence of a motion to go into
the Committee of the Whole to consider the Private Calendar only when
authorized by the committee having jurisdiction. Volume VI, section
721.
PRIVATE CALENDAR.
On a Friday set aside for the consideration of business on the Private
Calendar it is in order to call up business privileged under the rule
authorizing certain committees to report at any time. Volume VIII,
section 2291.
On Saturday of each week it is in order to move to resolve into the
Committee of the Whole House to consider business on the Private
Calendar. Volume VII, section 846.
The 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.
The objection by three Members when a bill is first called on Private
Calendar Saturday precludes debates thereon and the bill is referred to
the deferred list forthwith. Volume VII, section 849.
Interpretation of a special order providing for consideration of Senate
bills on the Private Calendar in the closing days of a session. Volume
VII, section 796.
The proceedings observed on the first consideration of the Private
Calendar under the new rule. Volume VII, section 847.
At the conclusion of the debate on a bill called up from the Private
Calendar, a motion is in order to lay it aside with favorable or
adverse recommendation. Volume VII, section 847.
A Member may not yield time allotted under the rule providing for the
consideration of the Private Calendar. Volume VII, section 848.
In the absence of an order for the previous question, business
undisposed of at adjournment comes up as unfinished business only on
the next day when that class of business is again in order and not on
the next legislative day. Volume VII, section 854.
PRIVATE CALENDAR--Continued.
When the House resolves into the Committee of the Whole House for the
consideration of bills on the Private Calendar, a bill unfinished at
adjournment on a previous day takes precedence of other bills on the
Private Calendar. Volume VII, section 855.
Bills erroneously referred to calendars are transferred to the proper
calendar by direction of the Speaker. Volume VII, section 859.
The point of order that a bill is on the wrong calendar may be raised
at any time before consideration begins. Volume VII, section 863.
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 bill reported by the Committee of the Whole to be improperly on the
Private Calendar was thereupon referred by the Speaker without action
on the part of the House to the proper calendar as of the date of
original reference. Volume VIII, section 2373.
A bill for reimbursement of bank depositors not severally specified was
held to refer to a class and not a collection of individuals, and
therefore to constitute a public bill and to be improperly on the
Private Calendar. Volume VIII, section 2573.
A point of order against the reference of a bill to the Private
Calendar is properly made after the bill is read and before
consideration begins in the Committee of the Whole. Volume VIII,
section 2373.
The vote by which the enacting clause of a bill on the private calendar
was stricken out being reconsidered, the question is pending on
agreeing to the recommendation of the Committee of the Whole and being
decided in the negative, sends the bill back to the private calendar.
Volume VIII, section 2786.
PRIVATE CITIZEN.
In the Belknap trial the managers and counsel for respondent agreed
that a private citizen, apart from offense in an office, might not be
impeached. Volume VIII, section 2007.
PRIVATE CLAIMS.
The rule gives to the Committee on Claims jurisdiction of subjects
relating ``to private and domestic claims and demands, other than war
claims, against the United States.'' Volume IV, section 4262.
A bill for the payment or adjudication of any private claims against
the Government must be referred to one of these committees: Claims, War
Claims, Private Land Claims, Pensions, Invalid Pensions, Accounts.
Volume IV, section 4380. Volume VII, section 2129.
A bill to provide a commission to settle claims against the Government
does not fall within the rule requiring private claims to be referred
only to certain specified committees. Volume IV, section 4381.
Reference to the statute providing for taking testimony in private
claims pending before a committee. Volume III, section 1826.
An appropriation to reimburse officials for services and expenses,
however valid, is an appropriation for a private claim and is not in
order on an appropriation bill. Volume VII, section 1184.
Committees having jurisdiction of bills for the payment of private
claims may report bills making appropriations within the limits of
their jurisdiction. Volume VII, section 1992.
Legislative propositions relating to private claims against the
Government are within the exclusive jurisdiction of the Committee on
Claims and items in bills reported by the Committee on Appropriations
providing for reimbursement for such claims are subject to a point of
order. Volume VII, section 1994.
An instance wherein, by unanimous consent, bills relating to private
claims were transferred from the Committee on Claims to the Committee
on Ways and Means, thereby conferring jurisdiction. Volume VII, section
2107.
Although proposing a direct appropriation, a bill for the adjudication
of any private claim against the Government must be referred to the
Committee on Claims. Volume VII, section 2130.
PRIVATE LAND CLAIMS, COMMITTEE ON.
The creation and history of the Committee on Private Land Claims.
Section 33 of Rule XI. Volume IV, section 4273.
The rule gives to the Committee on Private Land Claims jurisdiction as
``to private claims to land.'' Volume IV, section 4273.
A bill for the payment or adjudication of any private claims against
the Government must be referred to one of these committees: Claims, War
Claims, Private Land Claims, Pensions, Invalid Pensions, Accounts.
Volume IV, section 4380.
The Committee on Private Land Claims has exercised jurisdiction over
general as well as special bills relating to the adjudication and
settlement of private claims to land. Volume IV, section 4275.
A bill for the establishment of a land court was reported by the
Committee on Private Land Claims. Volume IV, section 4274.
PRIVILEGE. See also ``Contempts.''
(1) Definition of questions of.
(2) Of the House.--Questions relating to organization.
(3) Of the House.--As to membership.--Right of the Member to a seat.
(4) Of the House.--As to membership.--Disposition of contests over
seats.
(5) Of the House.--As to membership.--GTitle to seat as related to
status of constitutuency.
(6) Of the House.--As to membership.--Vacancies, etc.
(7) Of the House.--Questions as to conduct of officers and employees.
(8) Of the House.--Relating to admission to the floor.
(9) Of the House.--Comfort and convenience of Members and employees.
(10) Of the House.--Enforcement of orders of House on Members and
others.
(11) Of the House.--Prerogatives.--Invasion of, in general.
(12) Of the House.--Invasion of, in respect to revenue legislation.
(13) Of the House.--Invasion of, in respect to revenue treaties.
(14) Of the House.--Invasion of, in respect to appropriation bills.
(15) Of the House.--In relation to demands of the courts for testimony.
(16) Of the House.--In relation to demands of House or Senate for
testimony.
(17) Of the House.--General relations to the Senate.
(18) Of the House.--Questions as to the Congressional Record.
(19) Of the House.--Questions as to conduct of representatives of the
press.
(20) Of the House.--As to procedure.--In general.
(21) Of the House.--As to procedure.--In relation to bills.
(22) Of the House.--As to procedure.--In relation to committees.
(23) Of the House.--In general.
(24) Of the Member.--Jefferson's summary.
(25) Of the Member.--As to speech or debate. See also ``Debate.''
(26) Of the Member.--From arrest or interference in going or returning.
(27) Of the Member.--Menace of.
(28) Of the Member.--Offenses within the House and without.
(29) Of the Member.--Charges against.--In general.
(30) Of the Member.--Charges against.--As to offenses prior to the
election.
(31) Of the Member.--Charges against.--By one Member against another.
(32) Of the Member.--Charges against.--Newspaper charges held to
involve.
(33) Of the Member.--Charges against.--Newspaper charges held not to
involve.
(34) Of the Member.--Charges against.--In relation to the Executive.
(35) Of the Member.--Charges against.--Of disloyalty.
(36) Of the Member.--Personal privilege.--Basis for question of.
(37) Of the Member.--Personal privilege.--Limitations of the Member in
stating.
PRIVILEGE--Continued.
(38) Constitutional.--General principles.
(39) Constitutional.--Relating to adjournment and recess.
(40) Constitutional.--Vetoed bills.
(41) Constitutional.--Census and apportionment.
(42) Constitutional.--Electoral count.
(43) Constitutional.--Impeachments.--As distinguished from mere
investigations.
(44) Constitutional.--Impeachments.--In general.
(45) Raising questions of.--Manner and conditions of.
(46) Raising questions of.--General principles as to precedence.
(47) Raising questions of.--Personal privilege as related to certain
conditions.
(48) Raising questions of.--Precedence of one question of privilege
over another.
(49) Raising questions of.--Effect of nonprivileged matter.
(50) Raising questions of.--As distinguished from privileged questions.
(51) Raising questions of.--Respective duties of Speaker and House in
determining.
(52) Raising questions of.--During proceedings to secure a quorum.
(52) Raising questions of.--In Committee of the Whole.
(54) Consideration of questions of.
(55) Franking.
(1) Definition of Questions of.
Definition and precedence of questions of privilege. Volume III,
section 2521.
A definition of questions of privilege. Volume III, section 2567.
Definition of questions of privilege affecting the House. Volume III,
section 2557.
Definition of questions of privilege affecting the Member individually.
Volume III, section 2667.
The House, in 1795, declined to take action that would seem to imply a
definition of its privileges. Volume II, section 1603.
It was found inexpedient to define the offense of contempt of the House
by law and provide a punishment. Volume II, section 1598.
Privilege of Parliament takes place by force of election and may not be
waived by the member without leave. Volume III, section 2669.
No member may waive the privileges of the House except by express
consent thereof. Volume VII, section 2164.
There is a distinction between a question of privilege and a privileged
question. Volume III, section 2654.
(2) Of the House.--Questions Relating to Organization.
A resolution that the House proceed to the election of an officer
presents a question of privilege. Volume I, section 189.
A proposition to elect a Speaker is in order at any time and presents a
question of the highest privilege. Volume VIII, section 3383.
A resolution affecting the organization of the House is privileged, and
takes precedence of a motion that the House resolve itself into the
Committee of the Whole to consider a revenue bill. Volume VI, section
3.
A motion to proceed to the election of an officer is privileged, but it
is not so with a resolution naming a certain person to fill the office.
Volume I, section 290.
The election of an officer of the Senate is privileged and unless
otherwise ordered by the Senate, balloting continues until a majority
is obtained. Volume VI, section 281.
At the organization of the House the motion to proceed to the election
of a Speaker is of the highest privilege. Volume I, section 212.
A resolution to proceed to the election of a Speaker presents a
question of privilege, and pending the decision another question of
privilege may not be presented. Volume I, section 214.
A motion to proceed to the election of Speaker has been held to be of
higher privilege than a motion to correct the Clerk's roll. Volume I,
sections 22-24.
PRIVILEGE--Continued.
(2) Of the House.--Questions Relating to Organzation--Continued.
The election of the Clerk of the House presents a question of
privilege. Volume I, section 237.
Although in earlier years the Chaplain was not strictly an officer of
the House, his election was held to constitute a question of privilege.
Volume I, section 273.
A question as to whether or not a resolution placing the duties of one
officer of the House on another involves a question of privilege
(Speaker overruled). Volume I, section 263.
In the earlier practice a motion establishing certain committees was
held to be privileged at the time or organization of the House. Volume
IV, section 4407.
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.
A resolution assigning a room to a committee presents a question of
privilege. Volume V, section 7273.
Pending consideration of a question of contempt the Speaker admitted as
privileged a resolution relating to the existence of the committee
which suggested the proceedings. Volume III, section 1685.
At the time of the organization of the House the motion relating to the
drawing of seats is privileged. Volume I, section 120.
A proposition to amend the rules is not privileged for consideration as
against a demand that business proceed in the regular order. Volume
VIII, section 3376.
Resolutions providing for election of standing committees are
privileged. Volume VIII, section 2182.
Motions and resolutions for the election of standing committees have
been presented as privileged. Volume VIII, section 2179.
A resolution providing for the election of a select committee
previously authorized is privileged as affecting the organization of
the House. Volume VI, section 373.
(3) Of the House.--As to Membership.--Right of a Member to a Seat.
The right of a Member to his seat presents a question of privilege and
takes precedence of other business. Volume III, sections 2579, 2580.
A resolution determining title to a seat in the Senate raises a
question of the highest privilege and takes precedence over any other
order. Volume VI, section 173.
The oath having been administered to other members elect, a resolution
relating to the election of a Member elect temporarily denied
administration of the oath was entertained as a matter of highest
privilege. Volume VI, section 174.
The claim of a person to a seat may be presented as a question of
privilege, although the Clerk may have enrolled another person as
entitled to the seat. Volume III, section 2593.
A resolution providing for an investigation of the election of a Member
presents a question of privilege. Volume III, section 2586.
The right of a Member to his seat may come up at any time as a question
of privilege, even though the subject may have been referred to a
committee. Volume III, section 2584. Volume VIII, section 2307.
The latest ruling estabishes the principle that a proposition relating
to the right of a Member to his seat may be acted on at once, without
reference to a committee. Volume III, sections 2582, 2583.
A claimant to a seat with papers indicating his election is entitled to
have them presented as a question of privilege. Volume III, section
2587.
(4) Of the House.--As to Membership.--Disposition of Contests Over
Seats.
Overruling the Speaker, the House, in 1840, decided to receive as a
matter of privilege a report in an election case (footnote). Volume I,
section 794.
Resolutions to seat a contestant are privileged, even though the case
may still be pending in committee. Volume I, section 742.
PRIVILEGE--Continued.
(4) Of the House.--As to Membership.--Disposition of Contests Over
Seats--Continued.
A resolution for the investigation of the right of a claimant to a seat
presents a question of privilege. Volume I, section 328.
A resolution relating to the prosecution of an election case was held
to involve a question of privilege. Volume II, section 1018.
A resolution providing for the prosecution of an election case is
presented as a question of privilege. Volume I, section 322.
A resolution for the employment of a handwriting expert in an election
case was admitted as privileged. Volume I, section 673.
A resolution granting further time for taking testimony in an election
case was admitted as privileged. Volume II, section 956.
Instance wherein a returned Member presented as a question of privilege
a proposition to reopen his election case for further testimony. Volume
II, section 1062.
An instance wherein the House decided on its own initiative an election
case pending before the Committee on Elections. Volume I, section 462.
A motion to discharge a committee from the consideration of a contested
election case presented a question of the highest privilege. Volume
III, section 2585.
A resolution directing the Elections Committee to report an election
case may not have precedence as a question of privilege. Volume III,
section 2584.
Before the completion of the organization of the House in 1869 the
Clerk refused to entertain a motion referring to a committee a subject
relating to the election of a Member. Volume I, section 78.
A paper in the nature of a memorial condemning the decision of the
House in an election case was held not to involve a question of
privilege. Volume III, section 2591.
A proposition relating to the pay of a contestant for a seat is not a
question of privilege. Volume I, sections 674-675.
(5) Of the House.--As to Membership.--Title to Seat as Related to
Status of Constituency.
Credentials regular in form have been presented as a matter of
privilege, although the status of the constituency was, by reason of
civil war, in doubt. Volume I, section 361.
No question of privilege is involved in the claim of a person to a seat
in pursuance of the demand of a State for a representation greater than
that allowed by law. Volume III, section 2592.
A proposition relating to the admission of a Delegate from an
unorganized Territory was held not to be a question of privilege.
Volume I, section 411.
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.
(6) Of the House.--As to Membership.--Vacancies, etc.
A resolution relating to the status of one borne on the roll of
membership of the House was held to be privileged. Volume II, section
1207.
A question relating to the existence of a vacancy in the membership of
the House was held to be of privilege. Volume III, section 2588.
The House declined to consider as privileged a resolution that a former
Member be permitted to withdraw his letter announcing his resignation
and resume his seat. Volume II, section 41213.
A resolution notifying the governor of a State of a vacancy in the
representation of a district is presented as a question of privilege.
Volume III, section 2589.
A Member having resigned, a question as to his right to his seat was
not entertained as a question of privilege. Volume III, section 2590.
A resolution proposing the exclusion of a Delegate from his seat
presents a question of privilege. Volume III, section 2594.
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.
PRIVILEGE--Continued.
(7) Of the House.--Questions as to Conduct of Officers and Employees.
A charge affecting the character of an elected officer of the House was
held to involve a question of privilege. Volume III, section 2644.
A matter affecting the character of an officer of the House involves a
questions of privilege (footnote). Volume I, section 288.
A proposition to remove an officer of the House is a question of
privilege. Volume I, sections 284-285. Volume IV, section 35.
A proposition to investigate the conduct of certain officers of the
House while they were officers of the preceding House was presented as
a matter of privilege. Volume III, section 2647.
The request of an officer of the House for an investigation of
newspaper charges against his administration is presented as a question
of privilege. Volume III, section 2645.
A resolution for the investigation of the conduct of an employee of the
House may be presented as a matter of privilege. Volume III, section
2646.
Charges being made by a Member against the official conduct of Mr.
Speaker Clay he appealed to the House for an investigation, which was
granted. Volume II, section 1362.
A newspaper charge that an officer of the House had conspired to
influence legislation was considered as a question of privilege. Volume
III, section 2628.
The Clerk being arraigned to answer charges, leave was given him to
address the House. Volume I, section 287.
The Clerk being arraigned and addressing the House in his defense, the
Journal merely records the fact. Volume I, section 287.
For permitting a Member under arrest to escape the Doorkeeper was
arraigned at the bar of the House. Volume I, section 291.
An officer of the House being arraigned for neglect of duty it was
voted that he might answer orally. Volume I, section 291.
The Journal recorded the substance of the oral answer of an officer of
the House arraigned at the bar for neglect of duty. Volume I, section
291.
A resolution relating to the dismissal of an employee was held not to
involve a question of privilege. Volume III, section 2634.
A proposition to investigate alleged unnecessary violence of policemen
toward citizens on the Capitol grounds was ruled not to present a
question of privilege. Volume III, section 2643.
(8) Of the House.--Relating to Admission to the Floor.
An alleged violation of the rule relating to admission to the floor
presents a question of privilege. Volume III, sections 2624, 2625.
A resolution relating to an alleged abuse of the privileges of the
floor does not present a question of higher privilege than an election
case. Volume III, section 2626.
(9) Of the House.--Comfort and Convenience of Members and Employees.
A proposition relating to the comfort or convenience of Members is
presented as a question of privilege. Volume III, sections 2630, 2631.
A subject relating to the convenience of Members and comfort of
employees presents a question of privilege. Volume III, section 2632.
A resolution from the Committee on Ventilation and Acoustics relating
to the comfort of Members in the Hall was received as a question of
privilege. Volume III, section 2629.
A resolution reported from the Committee on Ventilation and Acoustics
and relating to the sanitary conditions surrounding certain employees
was held to be privileged. Volume III, section 2633.
Subjects relating to the convenience of Members are not necessarily
entertained as matters of privilege. Volume III, section 2635.
A resolution from the Committee on Accounts relating to management of
the House restaurant was not received as a matter of privilege. Volume
III, section 2636.
PRIVILEGE--Continued.
(10) Of the House.--Enforcement of Orders of House on Members and
Others.
The deputy sergeant-at-arms having attempted, without the mace, to
enforce an order of the Speaker on a Member, a question of privilege
arose therefrom. Volume II, section 1347.
It was held in 1894 that the act of the Sergeant-at-Arms in pursuance
of the law for deductions of Members' salaries for absence might not be
reviewed on the floor as a question of privilege. Volume III, section
2690.
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.
(11) Of the House.--Prerogatives.--Invasion of, in General.
A resolution relating to an alleged invasion of the prerogatives of the
House presents a question of privilege. Volume II, sections 1487, 1488.
A proposition relating to the constitutional prerogatives of the House
has always been considered a question of privilege. Volume II, section
1529.
A resolution implying that the constitutional rights of the House may
have been invaded by the Executive presents a question of privilege.
Volume III, section 2563.
A resolution that the rights and dignity of the House have been invaded
by the Executive presents a question of privilege. Volume III, section
2565.
An alleged invasion by the Senate of the House's constitutional
prerogative of originating revenue legislation has been held in the
later practice to present a question of privilege. Volume III, sections
2559-2562.
Alleged infringement by the treaty-making power on the constitutional
right of the House to originate revenue measures presents a question of
privilege. Volume III, section 2564.
It being alleged that the Senate had invaded the constitutional
prerogative of the House to originate appropriation bills, the Speaker
entertained the matter as of privilege. Volume III, section 2558.
To justify a question of privilege an invasion of the prerogatives of
the House must be alleged to be actual, not prospective. Volume III,
section 2556.
The two Houses being at variance over a question of constitutional
prerogative, the differences were submitted to a committee on
conference. Volume II, section 1495.
(12) Of the House.--Prerogatives.--Invasion of, in Respect to Revenue
Legislation.
The House having questioned a Senate amendment providing a tax on
incomes on a non-revenue bill the Senate withdrew the amendment. Volume
II, section 1486.
The Senate having added a revenue amendment to an appropriation bill,
the House returned the bill to the Senate, which reconsidered and
struck out the amendment. Volume II, section 1493.
The Senate having insisted on its right to add a revenue amendment to
an appropriation bill, the House declined to proceed further with the
bill. Volume II, section 1485.
The Senate having added certain revenue amendments to a nonrevenue
House bill, the House ordered the bill to be returned to the Senate.
Volume II, section 1495.
There being a difference between the two Houses as to the right of the
Senate to originate a revenue bill, the subject was committed to a
conference. Volume II, sections 1487, 1488.
After a full but inconclusive conference with the Senate the House
reaffirmed its own exclusive right to originate revenue measures.
Volume II, sections 1487, 1488.
In 1883 the House raised, but did not press, a question as to certain
Senate amendments relating to the revenue. Volume II, section 1491.
A bill to abolish a duty was refused consideration in the Senate, one
objection being that the Senate had no right to originate such a
measure. Volume II, section 1483.
In 1830 a bill affecting the revenue was presented in the Senate and
withdrawn after a discussion of the constitutional question. Volume II,
section 1482.
PRIVILEGE--Continued.
(12) Of the House.--Prerogatives.--Invasion of, in Respect to Revenue
Legislation--Con.
In 1872 the House and Senate, after discussion, disagreed as to
limitations of Senate amendments to a revenue bill of the House. Volume
II, section 1489.
In 1807 the House refused to agree to Senate amendments enlarging the
scope of a revenue bill. Volume II, section 1481.
Discussion of the privilege of the House and Senate, respectively, in
relation to revenue bills. Volume II, section 1488.
In 1874 the House declined to take issue with the Senate over an
amendment of that body authorizing certain Government obligations.
Volume II, section 1490.
Early instances of Senate and House participation in revenue
legislation. Volume II, section 1484.
(13) Of the House.--Prerogatives.--Invasion of, in Respect to Revenue
Treaties.
After long and careful consideration, the Judiciary Committee of the
House decided, in 1887 that the Executive branch of the Government
might not conclude a treaty affecting the revenue without the assent of
the House. Volume II, sections 1528-1530.
In 1884 and 1886 the Ways and Means Committee assumed that the right of
the House to a voice in making treaties affecting the revenue had been
conceded. Volume II, sections 1526, 1527.
In 1880 the House declared that the negotiation of a treaty affecting
the revenues was an invasion of its prerogatives. Volume II, section
1524.
The House has at times advised the Executive in regard to treaties
affecting the revenues, Volume II, sections 1520-1522.
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.
Reference to discussion in the Senate over right of the House to a
voice in making treaties affecting the revenue (footnote). Volume II,
section 1528.
In 1881 the House Committee on Foreign Affairs, discussing the treaty-
making power, concluded that the House had no share in it. Volume II,
section 1525.
(14) Of the House.--Prerogatives.--Invasion of, in Respect to
Appropriation Bills.
Discussion by a committee of the House of the constitutional right of
the Senate to originate bills appropriating money from the Treasury.
Volume II, section 1500.
In 1885 the House, after learned debate, declined to investigate the
power of the Senate to originate bills appropriating money. Volume II,
section 1501.
(15) Of the House.--In Relation to Demands of the Courts for Testimony.
The House decided that the summons of a court to Members to attend and
testify constituted a breach of privilege, and directed them to
disregard the mandate. Volume III, section 2661.
The House, after discussion, declined to make a general rule permitting
Members to waive their privilege in attending court as witnesses, but
gave the permission asked on behalf of a single Member. Volume III,
section 2660.
Members having informed the House, as a matter of privilege, that they
had been summoned before the grand jury of the District of Columbia,
the House authorized them to respond to the summons. Volume III,
section 2662.
A Member, being summoned before a Federal grand jury, presented the
matter to the House as a question of personal privilege, expressing
readiness to respond in event formal permission was granted by the
House. Volume VI, section 586.
A Senator being subpoenaed to appear before the grand jury of the
District of Columbia announced in the Senate that he would disregard
it. Volume VI, section 588.
A Senator declining to heed a summons to appear and testify before a
Federal grand jury, the court held that if he failed to obey the
subpoena voluntarily the court was without power to compel his
attendance. Volume VI, section 588.
PRIVILEGE--Continued.
(15) Of the House.--In Relation to Demands of the Courts for
Testimony--Continued.
Suit having been filed against members of a joint committee, the House
granted permission to the members on the part of the House to enter
appearance in response to judicial process, while the Senate declared
it to be an invasion of constitutional privilege and directed the
Senate members of the committee to make no appearance in response
thereto. Volume VII, section 2164.
The House, in maintenance of its privilege, has refused to permit the
Clerk to produce in court, in obedience to a summons, an original paper
from the files, but has given the court facilities for making certified
copies. Volume III, section 2664.
No officer or employee of the House may produce any paper belonging to
the files of the House before a court without permission of the House.
Volume III, section 2663.
No officer or employee of the House should furnish, except by authority
of the House or a statute, any copy of any paper belonging to the files
of the House. Volume III, section 2663.
No officer or employee of the House may produce before a court, either
voluntarily or in obedience to a subpoena duces tecum, any paper from
the files without permission of the House first obtained. Volume VI,
section 587.
The Clerk of the House having been subpoenaed to produce before the
Supreme Court of the District of Columbia certain papers from the
files, reported to the House, and failing to receive permission
disregarded the order of the court. Volume VI, section 587.
A resolution authorizing the Clerk of the House to produce papers
requested in a subpoena duces tecum is presented as a matter of
privilege. Volume VI, section 587.
Instance wherein permission was given the clerk of a committee and the
Clerk of the House, to respond to subpoena or subpoena duces tecum and
to make deposition with proviso that they should take with them none of
the files. Volume VI, section 585.
(16) Of the House.--In Relation to Demands of House or Senate for
Testimony.
The House gives leave to its managers to examine Members as witnesses
in an impeachment trial and leave to its Members to attend for that
purpose. Volume III, section 2033.
Members have been summoned before committees to testify as to
statements made by them in debate, but in one case a Member formally
protested that it was an invasion of his constitutional privilege.
Volume III, sections 1777, 1778.
A Senator having neglected to accept an invitation or respond to a
subpoena requesting him to testify before a House committee, the House,
by message, requested that the Senate give him leave to attend. Volume
III, section 1794.
The Senate neglected to respond to a request of the House that a
Senator be permitted to attend a House committee. Volume III, section
1794.
The Senate has not considered that its privilege forbade the House to
summon one of its officers as a witness. Volume III, section 1798.
The Secretary of the Senate being subpoenaed to appear before a
committee of the House with certain papers from the files, the Senate,
after a discussion as to privilege, empowered him to attend with the
papers in his custody. Volume III, section 2665.
The Secretary of the Senate being subpoenaed to produce a paper from
the files of the Senate, permission was given him to do so after a
discussion as to whether or not he was exempted by privilege from the
process. Volume III, section 2666.
(17) Of the House.--General Relations to the Senate.
Neither House may exercise any authority over a Member or officer of
the other, but may complain to the other House. Volume V, section 5095.
The Senate did not attempt to exercise any authority over a Member of
the House who had committed a breach of the Senate's privilege. Volume
II, section 1622.
A Member of the House having assaulted a Senator for words spoken in
debate, the Senate examined the breach of privilege and transmitted the
report to the House for action. Volume II, section 1622.
PRIVILEGE--Continued.
(17) Of the House.--General Relations to the Senate--Continued.
A proposition relating to an assault on a Senator by a Member was held
in order as a question of privilege. Volume II, section 1621.
The Senate having communicated the report of a breach of the Senate's
privilege by a Member of the House, the House Journal records the fact
but not the report. Volume II, section 1622.
Certain Members of the House having, in a published letter sought to
influence the vote of a Senator from their State in an impeachment
case, it was held that no question of privilege arose thereby in the
House. Volume III, section 2657.
A letter from a Member of the House disclaiming any intention of
invading the privileges of the Senate in assaulting a Senator was,
after some discussion, read to the Senate. Volume II, section 1623.
One House should not take notice of bills or other matters depending in
the other, or votes or speeches, until they be communicated. Volume
III, section 2656.
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.
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 5225, 5126.
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.
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.
While it is in order to discuss proceedings of conference committees,
it has been held improper to criticize the conferees of the other House
in such a manner as to reflect on them in their official capacity.
Volume VI, section 568.
Proceedings in the Senate reflecting on the dignity of the House or
affecting the comity between the Houses were held to justify a
resolution calling the attention of the Senate to the infringement of
the rule. Volume VI, section 568.
A Senator having assailed a Member in debate, the House messaged to the
Senate a resolution declaring the language a breach of privilege.
Volume VIII, section 2516.
A communication from the Senate designating as ``untrue'' statements
made by a Member of the House in debate and requesting action upon the
part of the House relative thereto, was respectfully returned to the
Senate with a message characterizing it as a breach of privilege.
Volume VIII, section 2514.
(18) Of the House.--Questions as to the Congressional Record.
Since the reporters of debates have become officers of the House, a
correction of the Congressional Record has been held to be a question
of privilege. Volume V, sections 7014-7016.
A question as to the accuracy or propriety of the report of proceedings
as printed in the Record may be submitted to the House as a matter of
privilege. Volume V, sections 7017, 7018. Volume VIII, section 3464.
A question of privilege as to an alleged error in the Record may not be
raised until the Record has appeared. Volume V, section 7020.
A resolution to omit from the manuscript copy of the Congressional
Record certain remarks declared out of order does not present a
question of privilege. Volume V, section 7021.
PRIVILEGE--Continued.
(18) Of the House.--Questions as to the Congressional Record--
Continued.
A resolution to correct the Congressional Record is privileged, and
such correction is not within control of the Speaker. Volume V, section
7019.
A motion to correct the Congressional Record is entertained as a matter
of privilege. Volume VIII, sections 3463, 3499.
A motion to expunge unparliamentary language inserted under leave to
print was entertained as privileged. Volume VIII, section 3491.
An abuse of the leave to print in the Congressional Record gives rise
to a question of privilege Volume V, sections 7005-7008, 7011. Volume
VIII, section 3495.
An inquiry by the House as to an alleged abuse of the leave to print
does not necessarily entitle the Member implicated to the floor on a
question of personal privilege. Volume V, section 7012.
A resolution to expunge from the Record a speech alleged to be an abuse
of the leave to print must be entertained as a matter of privilege.
Volume V, section 7012. Volume VIII, section 3475.
A Member having announced his intention to publish in the Record
certain extracts, but not having obtained leave of the House, the
refusal of the proposed insertion violates no privilege. Volume III,
section 2623.
Offensive words having already been stricken from the Congressional
Record, a question of privilege may not arise therefrom. Volume V,
section 7023.
It has been the practice to allow a Member, with the approval of the
Speaker, to revise his remarks in the Record, provided such revision
does not affect the remarks of another Member. Volume V, section 6971.
A resolution relating to the distribution of the Congressional Record
to persons other than Members was held not to present a question of
privilege. Volume V, section 7022.
A resolution providing for the appointment of a committee to consider
the propriety of remarks inserted under leave to print was entertained
as privileged. Volume VIII, section 3493.
A resolution providing for an investigation of the propriety of
remarks, alleged to be an abuse of the leave to print, is entertained
as a matter of privilege. Volume VIII, section 3495.
While a motion to correct the Record is privileged, a motion to strike
from the Record words in order, actually spoken in debate, is not
admissible. Volume VIII, section 3498.
A question of privilege may not be predicated on words which have been
stricken from the Record. Volume VI, section 596.
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.
An error in the printing of the Record, attributing to a Member remarks
which he did not make , was held to sustain a question of personal
privilege. Volume VI, section 620.
(19) Of the House.--Questions as to Conduct of Representatives of the
Press.
A resolution as to an alleged false and scandalous report of the
proceedings of the House by one of its reporters presented as a matter
of privilege. Volume II, section 1631.
Alleged misconduct of an occupant of the press gallery, although
occurring during a former Congress, brought before the House as a
matter of privilege. Volume III, section 2627.
The House arrested and arraigned at the bar a newspaper reporter for
alleged statements reflecting on the integrity of a Member. Volume II,
section 1635.
The supposed author of an anonymous newspaper charge against a Member
not named was arrested and interrogated at the bar of the House. Volume
II, section 1633.
For publications affecting the reputations of Members reporters have
been expelled from the House. Volume II, sections 1636, 1637.
For improper conduct in connection with legislation reporters have been
expelled from the House. Volume II, sections 1638, 1639.
Expulsion of a reporter from the floor for improper conduct. Volume II,
section 1634.
PRIVILEGE--Continued.
(19) Of the House.--Questions as to Conduct of Representatives of the
Press--Continued.
One reporter having assaulted another in the presence of the House,
punishment for breach of privilege was inflicted. Volume II, section
1630.
A newspaper correspondent who violated the privileges of the House was,
by resolution, excluded from that portion of the Capitol under the
jurisdiction of the House for a period of 10 days. Volume VI, section
553.
In 1929 a Senate committee recommended the denial of the privilege of
the floor to a newspaper reporter charged with publication of
proceedings of an executive session. Volume VI, section 334.
(20) Of the House.--As to Procedure.--In General.
A charge by a Member that the Journal of the House had been mutilated
by the Speaker was made a question of privilege. Volume II, section
1363.
A proposition to correct an error in a message to the Senate presents a
question of privilege. Volume III, section 2613.
The falsification of a House document was made the subject of
examination by a select committee. Volume V, section 7329.
A resolution relating to the protection of the records of the House
presents a question of privilege. Volume III, section 2659.
The House ordered the investigation as a question of privilege of a
newspaper report of certain proceedings of the House. Volume III,
section 2640.
A newspaper article making general charges concerning the proceedings
of the House was held not to involve a question of privilege. Volume
III, section 2639.
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.
The demand of a Member that a protest against certain parliamentary
practices of the House be placed on the Journal does not present a
question of privilege. Volume IV, sections 2799, 2800.
The House having approved the Journal of the preceding day, a
resolution to correct an alleged error in a vote of that day, which had
been discussed before the vote of approval was held not to be of
privilege. Volume III, section 2620.
A mere clerical error in the Calendar does not give rise to a question
of privilege. Volume III, section 2616.
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.
A conference report having been agreed to, it is too late to raise, as
a matter of privilege, a question as to whether or not the managers
have exceeded their authority. Volume V, section 6442.
An alleged error in the Congressional Director relating to the
representation of a district in the next Congress does not present a
question of privilege. Volume III, section 2619.
(21) Of the House.--As to Procedure.--In Relation to Bills.
The fraudulent introduction of a bill was held to involve a question of
privilege. Volume IV, section 3388.
The printing of an argument with the text of a bill was held to involve
a question of privilege, and the House ordered the objectionable
portions stricken out. Volume III, section 2599.
Alleged improper alteration of a bill presents a question of privilege.
Volume III, section 2598.
The correction of the reference of a public bill was held, at a time
when the rules did not provide any other mode of correction, to present
a question of privilege. Volume III, section 2602.
PRIVILEGE--Continued.
(21) Of the House.--As to Procedure.--In Relation to Bills--Continued.
A motion to correct an error in referring a bill to the proper Calendar
presents a question of privilege. Volume III, sections 2614, 2615.
A protest against the method by which a bill had been passed, no error
or infraction of the rules being alleged, was decided by the House not
to present a question of privilege. Volume III, section 2597.
The House having been misled in regard to the nature of a bill which it
passed, a report on the subject was received as privileged. Volume IV,
section 3383.
A Senate bill having been lost in the House, a resolution requesting of
the Senate a duplicate copy was entertained as a matter of privilege,
although the earlier practice had been otherwise. Volume IV, sections
3470-3472.
A bill which had not in fact passed the House having been sent to the
Senate by error, a resolution requesting its return was entertained as
a matter of privilege. Volume IV, section 3478.
There having been no unreasonable delay in transmitting an enrolled
bill to the President, a resolution relating thereto was decided not to
present a question of privilege. Volume III, section 2601.
A resolution for the reenrollment and signing of a bill which the
President had declined to sign for constitutional reasons was held to
be privileged. Volume IV, section 3493.
A proposition to correct an enrolled bill that has become a law may not
be presented as privileged. Volume III, section 2600.
(22) Of the House.--As to Procedure.--In Relation to Committees.
A report having been ordered to be made by a committee, but not being
made within a reasonable time, a resolution directing the report to be
made was decided to be privileged. Volume III, section 2609.
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.
A charge that the chairman of an investigating committee had suppressed
evidence was presented as a matter privilege. Volume III, section 1786.
A charge of unfair and improper action on the part of a committee has
been held to involve a question of privilege. Volume III, section 2605.
The charge that a committee has reported a bill containing items of
appropriation not order under the rule does not present a question of
privilege. Volume III, section 2608.
A charge that a committee has reported a bill containing items of
appropriation not to constitute a question of privilege. Volume III,
section 2610.
A minority of a committee, as a question of privilege, having charged
the committee with neglect of duty, it was held that the minority, not
being competent to make a report, might not thus present a question of
privilege. Volume IV, section 4619.
A allegation that a committee had refused either to give hearings or
allow petitions to be read before it was held to involve no question of
privilege. Volume III, section 2607.
(23) Of the House.--In General.
Subjects relating to the relations of the United States with other
nations or peoples do not constitute questions of privilege. Volume
III, section 2568-2571.
A resolution relating to the recognition of a foreign State, no
invasion of the House's prerogatives being alleged, does not present a
question of privilege. Volume III, section 2567.
A resolution recommending the recall of a foreign minister of the
United States does not present a question of privilege. Volume III,
section 2572.
A proposition that the House cooperate with the Senate in the conduct
of the ceremonies of the President's inauguration was held not to
present a question of privilege. Volume III, section 2622.
PRIVILEGE--Continued.
(23) Of the House.--In General--Continued.
Lack of authority to convene a committee in the absence of the chairman
having prevented the consideration of legislation, a resolution
directing the committee to meet at a designated time was held to
involve a question of the privilege of the House. Volume VI, section
577.
Charges published as newspaper advertising that ``Bad bills pass
without reading'' and ``Steals are attempted'' were held so to reflect
upon the integrity of the proceeding of the House as to support a
question of privilege. Volume VI, section 576.
A resolution alleging that the rights and dignity of the House have
been invaded by the Executive presents a question of privilege. Volume
VI, section 571.
A resolution condemning an official act of the Speaker was decided by
the House not to involve a question of privilege. Volume VI, section
565.
The President having transmitted to the House a message reflecting on
the integrity of its membership, the House declared it a breach of
privilege and ordered it laid on the table. Volume VI, section 330.
A resolution directing return of a bill to the Senate, with notice of
refusal of the House to grant the Senate's request relating thereto,
was held not to present a question involving the privilege of the
House. Volume VII, section 1083.
The investigation of a breach of the privilege of the House was
committed to a select committee appointed by the Speaker. Volume VI,
section 332.
On the evidence of Members who in their places gave information of
attempts to bribe them the House issued an order for the arrest of the
person charged with the offense. Volume II, section 1599.
A resolution proposing an investigation of improper reporting of bills
by a committee of the House was entertained as raising a question of
privilege. Volume VI, section 575.
A resolution authorizing an investigation of the propriety of
introducing bills in the name of more than one Member was held to
involve a question of privilege. Volume VI, section 574.
(24) Of the Member.--Jefferson's Summary.
Jefferson's summary of the privileges of members of Parliament. Volume
III, section 2668.
(25) Of the Member.--As to Speech or Debate. See also ``Debate.''
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.
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.
For assaulting a Member for words spoken in debate Samuel Houston was
censured by the House in 1832. Volume II, sections 1616-1619.
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.
An assault by one Member on another for words spoken in debate was made
the subject of an investigation by a select committee. Volume II,
section 1655.
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.
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.
PRIVILEGE--Continued.
(25) Of the Member.--As to Speech or Debate--Continued.
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 House, in 1836, neglected to punish by expulsion or censure the
surviving principal and his seconds in a duel arising over words spoken
in debate. Volume II, section 1644.
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.
A communication addressed to the House by an official in an Executive
Department calling in question words uttered by a Member in debate was
criticized as disrespectful and a breach of privilege 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.
A pamphlet charging falsehood in connection with statements made in
debate was held to support a question of personal privilege. Volume VI,
section 618.
Statements charging falsehood in debate involve a question of
privilege. Volume VI, section 607.
The making of mere misstatements does not give rise to a question of
privilege. Volume VI, section 591.
Structures 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.
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.
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 be unparliamentary. Volume VIII, section 2465.
A committee having summoned a Member to testify as to statements made
by him in debate, he protested that it was an invasion of his
constitutional privilege. Volume VI, section 537.
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 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 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.
Statements on the floor reflecting on the conduct of a Member in
official capacity, whether made directly or in quotation, involve a
question of privilege. Volume VI, section 594.
Expression of opinion reflecting on a Member or his State, however
offensive, if not directed against the Member in his representative
capacity, do not involve a question of privilege. Volume VI, section
593.
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.
Instance wherein references to a colleague in an extension of remarks
were held to give rise to a question of privilege. Volume VIII, section
3163.
The reading on the floor of a newspaper interview and a letter written
by another Member, the authenticity of which was not denied, was held
not to present a question of privilege. Volume VI, section 590.
PRIVILEGE--Continued.
(25) Of the Member.--As to Speech or Debate--Continued.
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.
The House has declared that a communication from a person not a Member
criticizing words spoken in debate by a Member should not be received.
Volume III, section 2683.
A member, questioned because of words spoken in debate, rose to a
question of privilege and submitted the matter to the House for
consideration and disposition. Volume VI, section 553.
(26) Of the Member.--From Arrest or Interference in Going or Returning.
The Constitution grants to Members privilege from arrest under certain
conditions. Volume III, section 2670.
Interpretation of word ``felony'' as related to the privilege of a
Member from arrest. Volume III, section 2676.
The words ``treason, felony, and breach of the peace'' in the
constitutional guarantee of privilege have been construed to mean all
indictable crimes. Volume III, section 2673.
The words ``treason, felony, and breach of the peach,'' as applied to
the parliamentary privilege is construed as understood in England and
as excluding from the privilege all arrests and prosecutions for
criminal offenses, and confining the privilege alone to arrests in
civil cases. Volume VI, section 589.
All criminal offenses are comprehended by the terms ``treason, felony,
and breach of the peace,'' as used in the Constitution, excepting these
cases from the operation of the privilege from arrest therein conferred
upon Senators and Representatives during their attendance at the
sessions of thee respective Houses, and in going to and returning from
the same. Volume VI, section 589.
On suggestion based on a newspaper report the House investigated the
arrest and detention of a Member by authority of a court. Volume III,
section 2676.
Jefferson's discussion of the privilege conferred on Members by the
Constitution, especially as to arrest, summons, etc. Volume III,
section 2672.
Instance wherein the courts discussed and sustained the privilege of
the Member in going to and returning from the sessions of the House.
Volume III, section 2674.
A Member having been arrested and detained under mesne process in a
civil suit, the House liberated him and restored him to his seat by the
hands of its own office. Volume III, section 2676.
The House has decided that a Member arrested during vacation was
entitled to discharge from arrest and imprisonment on the assembling of
Congress. Volume III, section 2676.
A Member having in a letter to the Speaker complained that he had been
assaulted on his way to attend the House, the matter was held to be a
question of privilege. Volume II, section 1626.
A violation of the personal security of a Member on his way to the
House to attend a session was considered by a committee of the House a
breach of privilege. Volume II, section 1645.
A person who had assaulted a Member on his way to the House, but at a
place distant therefrom, was arrested on warrant of the Speaker and
arraigned at the bar. Volume II, section 1626.
For assaulting a Member returning to the House from an absence on
leave, Patrick Woods was committed for a term extending beyond the
adjournment of the session, but not beyond the term of the existing
House. Volume II, section 1628.
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.
The constitutional privilege of Members in the matter of arrest has
been construed to exempt from subpoena during sessions of Congress.
Volume VI, section 588.
PRIVILEGE--Continued.
(26) Of the Member.--From Arrest or Interference in Going or
Returning--Continued.
Decision of Federal court maintaining jurisdiction of suit brought
against Members in their official capacity. Volume VII, section 2164.
Writ of error has been sustained for arrest of a Member while Congress
was not in session. Volume VI, section 589.
Writ of error not dismissed because the Congress of which defendant was
a Member has ceased to exist. Volume VI, section 589.
The issuance of legal process against Members of the Congress gives
rise to a question of high privilege in their respective Houses. Volume
VII, section 2164.
The court in which a Member is challenged was held by the House to be
the proper forum in which to plead constitutional exemption and
privilege. Volume VII, section 2164.
(27) Of the Member.--Menace of.
A menace to the personal safety of Members involves a question of the
highest privilege. Volume III, section 2685.
An appeal of a Member to the President for protection was considered
derogatory to the privileges of the House. Volume III, section 2680.
Question as to the right of the House to interfere for the protection
of Members who without the Hall get into difficulties disconnected with
their official duties (footnote). Volume III, section 2678.
An assault upon a Member within the walls of the Capitol when the House
was not in session was deemed a breach of privilege, although it arose
from a cause not connected with the Member's representative capacity.
Volume II, section 1624.
For attempted intimidation and assault upon a Member, A. P. Field was
arrested and censured at the bar of the House for breach of privilege.
Volume II, section 1625.
A Member having stated upon the authority of ``common rumor'' that
another Member had been menaced, there was held to be ground for
action. Volume III, section 2678.
(28) Of the Member.--Offenses Within the House and Without.
Parliamentary law as to offenses committed by a Member in the House,
especially in debate, Volume II, section 1244.
A Member indicted for felony remains a Member of the House until
convicted. Volume II, section 1260.
Prior rights of the House when a Member is accused of treason, felony,
or breach of the peace. Volume II, section 1260.
A Member being charged with the crime of manslaughter, the House
declined to determine whether or not a question of privilege was
raised, and did not investigate. Volume II, section 1277.
(29) Of the Member.--Charges Against.--In General.
Propositions to investigate charges against Members have been presented
as questions of privilege. Volume III, sections 1828-1830.
Charges alleged to have been made against Members in the report of an
agent of a foreign power and presented by a Member was held to involve
a question of privilege. Volume III, section 2716.
A Member being charged with a crime entirely disconnected with his
representative capacity, the House declined to hold that a question of
privilege was involved. Volume I, section 466.
One Member having, in a newspaper article, made charges against another
Member in the latter's individual and not his representative capacity,
a committee of the House found no question of privilege involved.
Volume III, section 2691.
Charges against a Member having developed during examination by a
committee, a resolution directing the committee to report them was
offered as of privilege and agreed to by the House. Volume III, section
1843.
PRIVILEGE--Continued.
(29) Of the Member.--Charges Against.--In General--Continued.
A general charge of violation of law by Members, although not
specifying the offense as within the existing term of service, was held
to present a question of privilege. Volume III, section 2710.
Charges against a Member not connected with his representative capacity
do not involve a question of privilege. Volume VI, section 612.
Charge that a Member has used his immunity as Representative to
circulate libels was held to constitute a question of privilege. Volume
VI, section 606.
Charges that a Member serves interests conflicting with his official
duties involves a question of privilege. Volume VI, section 603.
Statements in the Record that a Member charged with absenteeism was
thereby ``defrauding the Government'' were held to present a question
of privilege. Volume VI, section 602.
A resolution that a Member has violated a promise relating to the
transaction of official business presents a question of privilege.
Volume VI, section 601.
Intimation of lack of veracity on the part of a Member was held to give
rise to a question of privilege. Volume VI, section 600.
Interference that a Member is actuated by ulterior motives in official
conduct presents a question of privilege. Volume VI, section 598.
A statement in the Record charging a Member with class discrimination
was held to present a question of privilege. Volume VI, section 597.
Charges that a Member has employed unworthy men without intimation that
he did no knowingly do not give rise to a question of privilege. Volume
VI, section 592.
A Member assailed outside the House may reply outside the House without
limitation and may reply from the floor of the House if personalities
are avoided. Volume VI, section 584.
Charges that Members do not vote in accordance with their personal
views do not present a question of privilege. Volume VI, section 583.
A resolution charging that a Member's action in his representative
capacity had been influenced by support received in his election to the
House was presented as a question of privilege. Volume VI, section 582.
A resolution reflecting on the official conduct of a Member of the
House was expunged from the Record. Volume VI, section 582.
A resolution charging conspiracy to influence Members of Congress
improperly was considered as a matter of privilege. Volume VI, section
580.
Mere criticism of a Member, even though in his representative capacity,
does not present a question of privilege. Volume VI, section 580.
Charges that Members of a committee were holding secret meetings or
excluding other Members from the committee conferences were held not to
involve a question of privilege. Volume VI, section 578.
Assertions in a circular letter that a Member has broken faith with his
constituents involve a question of privilege. Volume VI, section 562.
The application of epithets which subject a Member to ridicule give
rise to a question of privilege. Volume VI, section 562.
Intimation that Members were influenced by mercenary considerations in
the exercise of their official duties was held to give rise to a
question of privilege. Volume VIII, section 3495.
A charge that a Member has ``violated the rules of the House'' was held
not to give rise to a question of privilege. Volume VIII, section 3469.
Dicta to the effect that a resolution and preamble proposing
investigation of charges of corruption against the membership of a
committee or a Member of the House is privileged. Volume VIII, section
2316.
A charge that a committee has been inactive in regard to a subject
committed to it does not constitute a question of privilege. Volume
VIII, section 2316.
PRIVILEGE--Continued.
(29) Of the Member.--Charges Against.--In General--Continued.
The charge that a Member introduced a resolution for the purpose of
gratifying revenge was held to present a question of privilege. Volume
VIII, section 2216.
Statements in published hearings of a committee attributing unworthy
motives to a Member for acts in representative capacity give rise to a
question of privilege even though not noted at the time nor reported by
the committee. Volume VIII, section 2216.
Statements impugning motives prompting Members in the discharge of
their official duties sustain a question of personal privilege. Volume
VI, section 617.
A resolution providing for an investigation of charges that Members of
the House and Senate had profited in the stock market by the use of
official information was held to involve a question of privilege.
Volume VI, section 394.
A proposition to investigate charges against Members was presented as a
question of privilege. Volume VI, section 403.
(30) Of the Member.--Charges Against.--As to Offenses Prior to the
Election.
A Member may not bring before the House as a question of privilege
charges of disreputable conduct on his part before he became a Member.
Volume III, section 2723.
The Speaker has questioned the right of a Member to discuss as
privileged charges relating to his conduct at a period before he became
a member. Volume II, section 1287.
A charge made outside the House of disreputable conduct on the part of
a Member before he became a Member has been held not to involve a
question of privilege. Volume III, section 2691.
A proposition to investigate the propriety merely a citizen's conduct
at a time before he became a Member may not be presented as a question
of privilege. Volume III, section 2725.
Review of precedents relating to investigations of charges in regard to
conduct of a Member at a time preceding the existing term of service.
Volume III, section 2725.
(31) Of the Member.--Charges Against--By One Member Against Another.
A Member on his own responsibility presenting a statement of a charge
against another Member, a resolution of investigation was held to be
privileged. Volume III, section 1827.
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.
A declaration in a newspaper interview by one Member that another
Member had broken a party agreement was held to involve no question of
personal privilege. Volume III, section 2715.
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.
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.
Charges made through the newspapers by a Member reflecting on the
efficiency of another Member in his representative capacity do not
support a question of privilege. Volume VI, section 605.
(32) Of the Member.--Charges Against.--Newspaper Charges Held to
Involve.
The House has entertained as a question of privilege and ordered the
investigation of newspaper charges against a Member in his
representative capacity. Volume III, sections 2696-2699.
A Member who had been defamed in his reputation as a Representative by
a newspaper article presented the case as one of privilege, and the
House ordered an investigation. Volume III, section 1832.
A newspaper article charging certain Members by name with conspiracy to
defraud the Government was presented as a matter of privilege. Volume
III, section 2703.
PRIVILEGE--Continued.
(32) Of the Member.--Charges Against.--Newspaper Charges Held to
Involve-- Continued.
A newspaper article charging Members of the House generally with abuse
of the franking, privilege was held to involve a question of privilege.
Volume III, section 2705.
An accusation in a newspaper that certain Members had received an
excess of mileage pay was held to involve a question of privilege.
Volume III, section 2704.
A newspaper allegation that a certain number of Representatives, whose
names were not given, had entered into a corrupt speculation was held
to involve a question of privilege. Volume III, section 2709.
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.
A newspaper article charging that an unnamed member of a certain
committee of the House was corrupt in his Representative capacity was
held to involve a question of privilege. Volume III, section 1831.
A newspaper charge that a Member had been influenced in his action as a
Representative by the Speaker was held to involve a question of
privilege. Volume III, section 2694.
A telegram reprinted in a newspaper charging that a Member had been
influenced in his official acts by unworthy motives was held to involve
a question of personal privilege. Volume VI, section 576.
The statement in a telegram, published in a newspaper, that a
resolution introduced by a Member was ``a tissue of misrepresentation''
was held to involve a question of personal privilege. Volume VI,
section 563.
A telegram reprinted in a newspaper charging that a Member had been
influenced in his official acts by unworthy motives was held to involve
a question of personal privilege. Volume VI, section 576.
A newspaper reference to ``Rascally Leadership'' as attributed to a
Member was held to justify recognition on a question of personal
privilege. Volume VI, section 621.
A newspaper characterization of a Member as alien in mind and lacking
in loyalty to our form of government was held to give rise to a
question of personal privilege. Volume VI, section 622.
Reference in a newspaper article to a Member as a ``congressional
slacker'' was held to present a question of personal privilege. Volume
VIII, section 2479.
Newspaper charges attributing to a Member dishonorable action in
connection with matters not related to his official duties were held to
sustain a question of personal privilege. Volume VI, section 619.
Newspaper charges that a Member had used departmental employees while
in the service of the Government in a political campaign were held to
reflect on him in his representative capacity. Volume VI, section 615.
Newspaper charges impugning the veracity of a Member in statements made
on the floor support a question of privilege. Volume VI, section 613.
A Member who had been defamed in his reputation as a Representative by
a newspaper article presented the case as one of privilege and the
House ordered an investigation. Volume VI, section 396.
It is essential that a newspaper editorial mention a Member's name in
order to present a question of privilege and it is sufficient if the
reference is accurate enough to identify him. Volume VI, section 617.
Although a newspaper article reflecting on a Member may not mention him
by name, yet if from the implication the identity of the Member
referred to is unmistakable it is sufficient to warrant recognition on
a question of privilege. Volume VI, section 616.
In discussing a question of personal privilege based upon newspaper
charges personal letters refuting such charges were admitted as
relevant. Volume VIII, section 2479.
A Member may read in full a newspaper article which has been held to
sustain a question of privilege. Volume VI, section 606.
PRIVILEGE--Continued.
(33) Of the Member.--Charges Against.--Newspaper Charges Held Not to
Involve.
A newspaper article vaguely charging Members of Congress generally with
corruption may not be brought before the House as involving a question
of privilege. Volume III, section 2711.
It was held that a newspaper report of a Member's speech might not be
examined as a matter of privilege. Volume III, section 2706.
A newspaper article in the nature of criticism of a Member's acts in
the House does not present a question of personal privilege. Volume
III, sections 2712, 2713.
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 publication stating that a certain Member would unite with
others in a certain legitimate course of action was held not to involve
a question of personal privilege. Volume III, section 2707.
A newspaper article criticizing Members generally involves no question
of privilege. Volume III, section 2714.
A newspaper article criticizing a Member personally and not in his
representative capacity does not present a question of privilege.
Volume VI, section 569.
Vague charges in newspaper articles have not been entertained as
questions of privilege. Volume VI, section 570.
Quotations by newspapers of statements made on the floor may not be
made the basis of a question of privilege. Volume VI, section 607.
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.
Strictures in newspaper articles, however severe, do not present a
question of privilege unless directed against a Member in his
representative capacity. Volume VI, section 566.
A newspaper statement that a Member obstructed legislation, without
implying moral turpitude, does not sustain a question of privilege.
Volume VI, section 614.
Newspaper assertions that statements made on the floor are false do not
give rise to a question of privilege unless imputing dishonorable
motive. Volume VI, section 616.
Newspaper statements that a Member voted for or against certain
measures, although false, do not give rise to a question of privilege.
Volume VI, section 608.
Newspaper articles misstating or misconstruing the purport or effect of
legislative measures supported by a Member do not give rise to a
question of privilege. Volume VI, section 609.
Misrepresentations in newspaper reports of remarks in the House do not
maintain a question of privilege. Volume VI, section 612.
A newspaper reference to Members as ``demagogues'' does not warrant the
raising of a question of privilege. Volume VI, section 566.
Newspaper statements that Cabinet members regard the official acts of a
Member as a nuisance do not present a question of privilege. Volume VI,
section 562.
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.
One Member having in a newspaper article made charges against another
Member in the latter's individual and not his representative capacity,
a committee of the House found no question of privilege involved.
Volume III, section 2691.
(34) Of the Member.--Charges Against.--In Relation to the Executive.
A newspaper charge that a Member of the House had been influenced by
Executive patronage was submitted as privileged, but the House declined
to investigate. Volume III, section 2701.
PRIVILEGE--Continued.
(34) Of the Member.--Charges Against.--In Relation to the Executive.--
Continued.
A resolution to investigate the charge that a Member had improperly
abstracted papers from the files of an Executive Department was
entertained as privilege (Speaker overruled). Volume III, section 2655.
An officer of the Army having written a letter, which was read in the
House, falsely impugning the honor of a Member, the House condemned the
action as a gross violation of privilege. Volume III, section 2686.
The house declined to entertain as a question of privilege a resolution
to investigate a charge made by a Cabinet officer that Members of
Congress, not named, had made a corrupt proposition to the Executive.
Volume III, section 2654.
A resolution to investigate the failure of the Post-Office Department
to remove a postmaster charged with an attempt to influence a Member
corruptly was held not to present a question of privilege. Volume III,
section 2688.
An alleged corrupt combination between Members of the House and the
Executive was investigated as a question of privilege. Volume III,
section 2538.
A Member being criticized by the President for instituting impeachment
proceedings, rose to a question of personal privilege. Volume VI,
section 525.
(35) Of the Member.--Charges Against.--Of Disloyalty.
A charge that a Member had been holding intercourse with the foes of
the Government was investigated as a question of privilege. Volume III,
section 2652.
A resolution directing an inquiry into alleged treasonable conduct on
the part of a Member was admitted as a question of privilege. Volume
III, section 2653.
Charges implying disloyalty were held to involve a question of
privilege. Volume VI, section 608.
Inferences charging treason present a question of privilege. Volume VI,
section596.
(36) Of the Member.--Personal Privilege.--Basis for Question of.
A Member is not entitled to the floor on a question of personal
privilege unless the subject which he proposes to present relates to
himself in his representative capacity. Volume III, section 2689.
Language which may be replied to as a matter of personal privilege must
reflect on the Member in his representative capacity. Volume III,
section 2700.
In order to afford a basis for a question of personal privilege a
newspaper charge against a Member should present a specific and serious
attack upon his representative character. Volume III, sections 2692,
2693.
A Member is not entitled to raise a question of personal privilege on
account of a newspaper charge relating to his conduct while a Member
but not as a Member. Volume III, section 2724.
A Member may not present as involving a question of personal privilege
a newspaper criticism of his relations with other Members or the
Speaker. Volume III, section 2695.
A mere difference between two Members in debate as to matters of fact
involves no question of privilege. Volume III, section 2720.
Reference in debate to a Member as a source of information gives the
Member no claim to the floor for a question of personal privilege.
Volume III, section 2722.
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 controversy between a Member and the officials of one of the
Executive Departments as to a question of the administration of the
duties of that Department was held to involve no question of personal
privilege. Volume III, section 2687.
One Member having charged another with perverting facts in a debate,
the Speaker allowed the latter to raise a question of personal
privilege. Volume III, section 2719.
PRIVILEGE--Continued.
(36) Of the Member.--Personal Privilege.--Basis for Question of--
Continued.
A committee of the House having been charged with improper conduct, a
member of the committee was recognized on a question of personal
privilege. Volume III, section 2606.
Matters transpiring in committee were held to relate to a Member in his
representative capacity. Volume VI, section 610.
Asperations upon a member unnamed may be made the basis of a question
of privilege if it is obvious to whom application was intended. Volume
VI, section 607.
To come within the rule, a question of privilege must relate to the
conduct of Members in their representative capacity. Volume VI, section
604.
An expression of opinion characterizing actions of a Member without
reflecting upon him in his representative capacity do not give rise to
a question of privilege. Volume VI, section 595.
To sustain a question of privilege it is not necessary that the Member
referred to be designated by name. It is sufficient if the description
is such as to be generally recognized. Volume VI, section 602.
A Member may present a question of privilege involving words spoken in
debate notwithstanding the rule affording another method of procedure
under such circumstances. Volume VI, section 561.
A general indictment of the House does not give rise to a question of
personal privilege. Volume VI, section 621.
Inadvertent violation of a pair agreement does not give rise to a
question of personal privilege. Volume VIII, section 3094.
The pairing of a Member without his authorization gives rise to a
question of personal privilege. Volume VIII, section 3093.
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.
Statments which, if published in a newspaper, would give rise to a
question of privilege do not present a question of privilege when read
from a private letter. Volume VI, section 591.
A question of privilege relating to the conduct of several Members
being before the House, one of them may not claim the floor by
asserting a question of personal privilege. Volume III, section 2534.
A motion relating to the introduction of bills without authorization
was entertained as a question of privilege. Volume VI, section 573.
(37) Of the Member.--Personal Privilege.--Limitations of the Member in
Stating.
A Member making a statement in a matter of personal privilege should
confine his remarks to the matter which concerns himself personally.
Volume V, section 5078.
In presenting a question of privilege the Member is required to submit
the exact language on which he bases the question and not a statement
as to its nature or import. Volume VI, section 600.
A Member addressing the House on a question of personal privilege is
required to confine himself to the question of privilege. Volume VI,
section 621.
In speaking to a question of privilege, a Member is restricted to
discussion of those specific charges on which his question is based and
may not discuss collateral issues. Volume VI, section 608.
In discussing a question of privilege a Member is confined to charges
reflecting on him in his capacity as a Representative and may not
digress to charges reflecting on him in a business capacity. Volume VI,
section 606.
In debating a question of personal privilege a Member may not discuss
extraneous or irrelevant matters. Volume VI, section 576.
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.
PRIVILEGE--Continued.
(37) Of the Member.--Personal Privilege.--Limitations of the Member in
Stating--Con.
The hour rule applies to debate on a question of privilege as to debate
on other questions. Volume VIII, section 2448.
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 VIII, section 2459.
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.
In presenting a case of personal privilege, arising out of charges made
against him, the Member must confine himself to the charges. Volume V,
seciton 5077.
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 the presentation of a question of privilege a Member is restricted
to a defense of himself and may not attack another. Volume VI, section
600.
In presenting a case of personal privilege arising out of charges made
against him, the Member must confined himself to the charges and may
not take advantage of the privilege to prefer charges against others.
Volume VIII, section 2481.
In addressing himself to a question of personal privilege the Member
may not under guise of defending himself against accusations introduce
matter attacking another even though relevant to the matter under
discussion. Volume VIII, section 2482.
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.
A Member recognized to debate a question of personal privilege may not
yield to another to propound irrelevant questions or inject extraneous
subjects. Volume VI, section 617.
In speaking to a question of personal privilege a Member is required to
confine his remarks to the question involved, but is entitled to enter
into a discussion of related matters showing motives which prompted the
charges giving rise to the question of privilege. Volume VI, section
619.
Instance in which a Member rising to a question of privilege was
permitted in refutation of charges made against him to detail
happenings in committee not reported to the House. Volume VIII, section
2495.
(38) Constitutional.--General Principles.
The ordinary rights and functions of the House under the Constitution
are exercised to accordance with the rules without precedence as
matters of privilege. Volume III, section 2567.
A legislative proposition presented in obedience to a mandatory
provision of the Constitution was held to involve a question of
privilege. Volume I, section 2852.
While the House gives priority to the consideration of business made
privilege by constitutional mandate, it determines by its rules the
procedure of such consideration. Volume VI, section 48.
In exercising its constitutional privilege to change its rules the
House has confined itself within certain limitations. Volume VIII,
section 3376.
(39) Constitutional.--Relating to Adjournment and Recess.
A concurrent resolution providing for an adjournment of the two Houses
for more than three days is privileged. Volume V, section 6701.
The privilege of a resolution providing for an adjournment of more than
three days is limited in its exercise. Volume V, section 6704.
A concurrent resolution extending the time of a recess of Congress
already determined on is privileged. Volume V, section 6705.
PRIVILEGE--Continued.
(39) Constitutional.--Relating to Adjournment and Recess--Continued.
A simple resolution providing for an adjournment of the House for more
than three days and for asking the consent of the Senate thereto has
been ruled to be privileged. Volume V, sections 6702, 6703.
A concurrent resolutions fixing the day for final adjournment may be
offered from the floor as privileged, even through a similar resolution
may have been offered and considered. Volume V, section 6698.
A concurrent resolution fixing the time of final adjournment is offered
as a matter of constitutional privilege. Volume VIII, section 3365.
Adoption of a resolution requesting consent of the Senate to
adjournment for more than three days was held not to confer privilege
on a motion to adjourn to a certain day. 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.
Priviledge has been given to a resolution providing for a recess of
Congress, the length of which might be fixed by the President or the
Presiding Officers of two Houses. Volume V, section 6706.
(40) Constitutional.--Vetoed Bills.
A bill returned with the President's objections is privileged, but the
same is not true of a bill reported in lieu of it. Volume IV, section
3531.
A bill returned with the President's objections is privileged when
reported by the committee to which referred. Volume VII, section 1096.
Dicta relating to the privilege accorded by the Constitution to the
consideration of a measure returned with the President's veto. Volume
VI, section 48.
Resolutions relating to the disposition of bills passed over the veto
of the President have been treated as privileged. Volume IV, section
3530.
A motion to discharge a committee from the consideration of a vetoed
bill presents a question of constitutional privilege, and is in order
at any time. Volume IV, section 3532.
A vetoed bill, being privileged, may be taken from the table. Volume V,
section 5439.
A vetoed bill when laid on the table is still highly privileged and
thus justifies a motion to take it from the table and action thereon by
majority vote (footnote). Volume IV, section 3550.
A vetoed bill received in the House by way of the Senate is considered
as if received directly from the President, and supersedes the regular
order of business. Volume IV, section 3537.
It is the usual but not invariable rule that a bill returned with the
objections of the President shall be read and considered at once.
Volume IV, sections 3534-3536.
A veto message received in the House by way of the Senate is considered
as if received directly from the President and supersedes the regular
order of business. Volume VII, section 1109.
(41) Constitutional.--Census and Apportionment.
A bill relating to the taking of the census was formerly held to be
privileged because of the constitutional requirement. Volume I, section
306. Volume VI, section 49.
A bill making an apportionment of Representatives presents a question
of constitutional privilege. Volume I, sections 307, 308. Volume VI,
section 51.
Bills relating to the census or apportionment, though privileged, held
subject to the rules of the House providing for the consideration of
privileged questions. Volume VI, section 48.
(42) Constitutional.--Electoral Count.
A proposition relating to the counting of the electoral vote presents a
question of constitutional privilege. Volume III, sections 2573-2575.
A bill related to the constitutional functions of the House in counting
the electoral vote was held to be highly privileged. Volume III,
section 2578.
PRIVILEGE--Continued.
(42) Constitutional.--Electoral Count--Continued.
A resolution relating to alleged fraud in connection with the electoral
count has been presented as a matter of privilege. Volume III, section
2577.
A resolution declaring that the counting of the electoral vote of a
certain State by direction of the Presiding Officer of the Senate was
an invasion of the privileges of the House was held in order in the
House. Volume III, section 2576.
(43) Constitutional--Impeachments.--As Distinguished From Mere
Investigations.
A proposition to impeach a civil officer of the United States is
presented as a question of constitutional privilege. Volume III,
section 2045-2048. Volume VI, section 468, 469.
Dicta relating to the Constitutional privilege of a question of
impeachment. Volume VI, section 48.
A proposition to impeach a civil officer of the United States is
received in the House as a question of privilege. Volume III, section
2398.
A Member having impeached the President and presented a resolution of
investigation, the Speaker admitted it as a question of privilege.
Volume III, section 2400.
Mr. Speaker Colfax held that in order to be received as privileged a
resolution must positively propose impeachment. Volume III, section
2502.
A resolution directly proposing impeachment is privileged, but the same
is not true of one proposing investigation with a view to impeachment.
Volume III, sections 2501, 2052.
A mere proposition to investigate the conduct of a civil officer is not
presented as a matter of constitutional privilege, even though
impeachment may be contemplated as a possibility. Volume III, section
2050.
A mere proposition to investigate, even though impeachment may be a
possible consequence, does not involve a question of privilege. Volume
III, section 2546.
Discusson distinguishing a case of impeachment from the ordinary
investigation for legislative purposes. Volume III, section 1700.
A proposition to investigate the conduct of an officer and prepare
articles of impeachment was held to be privileged. Volume III, section
2510.
Impeachment is a question of constitutional privilege which may be
presented at any time irrespective of previous action of the House.
Volume III, section 2053.
A proposition to impeach President Johnson was held to be privileged,
although at this session a similar resolution had been considered and
negatived. Volume III, section 2408.
A special committee having been created to investigate charges, a
member supplemented the proceedings by rising to a question of
privilege in the House and proposing impeachment. Volume VI, section
550.
Propositions relating to impeachment are privileged and a resolution
authorizing the taking of testimony and defrayment of expenses of
investigations in connection with impeachment proceedings was
entertained as privileged. Volume VI, section 549.
A resolution directly proposing impeachment is privileged but the same
is not true of one proposing investigation with a view to impeachment.
Volume VI, section 468.
(44) Constitutional.--Impeachments.--In General.
A proposition to refer to a committee the papers and testimony is an
impeachment of the preceding Congress was admitted as a matter of
privilege. Volume V, section 7261.
A motion to refer impeachment charges was entertained as a matter of
constitutional privilege. Volume VI, section 549.
Instance wherein a Member rising to a question of privilege, impeached
the Attorney General on his responsibility as a Member of the House.
Volume VI, section 536.
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.
A Member submitting a privileged resolution proposing impeachment is
entitled to recognition for one hour in which to debate it. Volume VI,
section 468.
PRIVILEGE--Continued.
(44) Constitutional.--Impeachments.--In General--Continued.
A resolution empowering managers of an impeachment to take the
testimony of Members was presented as a question of privilege. Volume
III, section 2034.
It was held in the Johnson impeachment that the managers or any Member
of the House might propose an additional article as a question of
privilege. Volume III, section 2418.
A verbal report as to progress made by a committee in an impeachment
investigation was offered as privileged. Volume III, section 2402.
A proposition to instruct a committee to investigate new charges in an
impeachment case was held to privileged. Volume III, section 2402.
A resolution directing the Judiciary Committee to resume as
investigation with a view to an impeachment was held to privileged.
Volume III, section 2401.
A resolution providing for the selection of managers of an impeachment
was admitted as a matter of privilege. Volume VI, section 517.
A resolution proposing abatement of impeachment proceedings was held to
be high privilege. Volume VI, section 514.
A question affecting the integrity of the managers of an impeachment is
a matter privilege. Volume III, section 2612.
A resolution for discontinuing impeachment proceedings, but not
respectful to the House, was ruled not be privileged. Volume III,
section 2054.
It appears that a report impeaching a civil officer was not considered
in 1856 privileged to be made at any time (footnote). Volume III,
section 2496.
During the Johnson trial the House considered matters pertinent thereto
under suspension of the rules. Volume III, section 2043.
(45) Raising Questions of.--Manner and Conditions of.
Whenever it is asserted on the floor that the privileges of the House
are invaded the Speaker entertains the question. Volume III, section
1501.
While a question relating to the privilege of the House may be raised
by any Member, a question of personal privilege may be raised only by
the Member to who it relates. Volume VI, section 569.
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, sections 86, 568, 569,
578, 580. Volume III, section 2497.
In presenting a question of personal privilege the Member is not
required in the first instance to make a motion or offer a resolution,
but such is not the rule in presenting a case involving the privileges
of the House. Volume III, sections 2546, 2547.
In presenting a question of personal privilege a Member is not required
to offer a motion or resolution, but must take this preliminary step in
rising a question involving the privilege of the House. Volume VI,
sections 565, 566.
A paper offered as involving a question of privilege should be read to
the House rather than privately by the Speaker before a decision is
made regarding its privilege. Volume III, section 2546.
A Member may not, as a matter or right, require the reading of a book
or paper on suggesting that it contain matter infringing on the
privileges of the House. Volume V, section 5258.
A Member may read as a matter of right a paper which has been held to
constitute a question of privilege. Volume III, section 2599.
A resolution presented as a mater of privilege relating to the rights
of a Member should show on its face an invasion of those rights. Volume
III, section 2548.
An early instance wherein a Member in secret session informed the House
of a breach of privilege occurring on the floor between two other
Members. Volume III, section 1642.
The statement by a Member that a certain thing ``is rumored'' is
sufficient basis for raising a question of privilege. Volume III,
section 2538.
PRIVILEGE--Continued.
(45) Raising Questions of.--Manner and Conditions of--Continued.
A contention that common fame was sufficient basis for the House to
entertain a proposition relating to its privileges. Volume III, section
2701.
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 question of privilege may be based on a communication received by
telegraph. Volume III, section 2539.
Only one question of privilege may be pending at a time. Volume III,
section 2533.
It being alleged that the constitutional prerogatives of the House was
invaded by certain Senate amendments to a bill, the question of
privilege was raised before the bill came up for consideration. Volume
II, section 1491.
(46) Raising Questions of.--General Principles as to Precedence.
Questions of privilege have precedence of all motions except the motion
to adjourn. Volume III, section 2521.
A question of privilege supersedes consideration of the original and
must first be disposed of. Volume III, section 2522. Volume VI, section
595.
An early instance in which a question of constitutional privilege was
held to supersede the business in order under the rules. Volume VII,
section 912.
It has long been the practice of the House to give a question of
privilege precedence over all other business. Volume III, section 2523.
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.
In 1838 the principle that a question of privilege might be introduced
at any time was not fully developed (footnote). Volume II, section
1644.
Previous to 1840 the principle that the order of business might be
interrupted by a question of privilege was not fully reorganized.
Volume III, sections 2579, 2580.
A breach of privilege which occurred during the reading of the Journal
was at once disposed of, after which the reading of the Journal was
concluded. Volume II, section 1630.
A message from the President is received during consideration of
question of privilege, but does not displace the pending business.
Volume V, sections 6640-6642.
While a question of privilege is pending the reading of a message of
the President is in order only by unanimous consent. Volume V, section
6639.
While the motion to reconsider may be entered at any time during the
two days prescribed by the rule, even after the previous question is
ordered or when a question of the highest privilege is pending, it may
not be considered while another question is before the House. Volume V,
sections 5673-5676.
Although the previous question has been ordered on a motion to
reconsider, it was held that a question of privilege might be debated.
Volume III, section 2532.
It is in order to debate a question of personal privilege after the
previous question has been order a pending question. Volume VIII,
section 2688.
Although the previous question has been ordered on a pending
resolution, it was held that a question of privilege might be debated.
Volume VI, section 561.
A question of privilege has precedence at a time set apart by a special
order for other business. Volume III, sections 2524, 2525. Volume VI,
sections 395, 560.
A matter of constitutional privilege takes precedence of a special
order. Volume III, section 2554.
A motion raising a question relating to the privilege of the House was
held to take precedence over a special order. Volume VI, section 558.
A question of privilege takes precedence of a report from the Committee
on Rules. Volume VIII, section 3491.
PRIVILEGE--Continued.
(46) Raising Questions of.--General Principles as to Precedence--
Continued.
A Member proposing a resolution relating to the privilege of the House
was recognized in perference to a Member requesting recognition to call
up a conference report. Volume VI, section 559.
A resolution relating to the privilege of the House takes precedence
over a conference report. Volume VI, section 403.
A Member rising to a question of privilege was recognized in preference
to the Member in charge without inquiry as to the purpose for which the
latter rose. Volume VI, section 556.
A question of privilege takes precedence of business in order on
Calendar Wednesday, Volume VI, sections 394, 613. Volume VII, section
908.
A question of privilege takes precedence over business in order under
the rule on ``suspension day.'' Volume VI, sections 553, 565.
A question of high privilege being before the House, the Speaker held
that a motion to suspend the rules and pass a bill was not in order.
Volume V, sections 6825, 6826.
A question of privilege is in order after the House has voted to
resolve into the Committee of the Whole, the Speaker being still in the
chair. Volume VI, section 554. Volume VIII, section 3465.
A question of personal privilege takes precedence over matters merely
privileged under the rules and is in order following the adoption of a
resolution granting privilege to motions to resolve into the Committee
of the Whole. Volume VI, section 557.
A question of privilege takes precedence of a motion to resolve into
the Committee of the Whole. Volume VIII, section 3461.
A proposition involving a question of constitutional privilege may
supersede a pending motion to suspend the rules. Volume III, section
2553.
A question of privilege (as distinguished from a privileged question)
does not lose its privilege through informality in the manner of
reporting it. Volume III, section 2555.
A question of privilege may not interrupt a roll call. Volume VI,
sections 554, 564.
A Member may not be taken from the floor by a question of privilege.
Volume VIII, section 2528.
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 VIII, section 2459.
(47) Raising Questions of.--Personal Privilege as Related to Certain
Conditions.
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.
The House having devoted a time to debate only, the Speaker hesitated
to recognize a Member for a question of personal privilege. Volume III,
section 2549.
After the call of the yeas and nays has begun it may not be interrupted
even for a question of personal privilege. Volume V, sections 6051,
6052..
The roll call may not be interrupted either for a parliamentary inquiry
or a question of personal privilege. Volume V, sections 6058, 6059.
A question of personal privilege has been given precedence over
privileged Senate amendments remaining to be disposed of after the
rejection of a conference report. Volume III, section 2531.
A 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 recognized to discuss a question of privilege may not yield
for debate. Volume VI, section 563.
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.
PRIVILEGE--Continued.
(48) Raising Questions of.--Precedence of One Question of Privilege
Over Another.
A question of privilege relating to the conduct of several Members
being before the House, one of them may not claim the floor by
asserting a question of personal privilege. Volume III, section 2534.
In general a question of constitutional privilege may not be displaced
by other privileged matters. Volume III, section 2552.
It has been held that an election case may not supersede the
consideration of a proposition of impeachment. Volume III, section
2581.
Consideration of a contested-election case presents a question of high
privilege which takes precedence of a question involving the privilege
of the House generally. Volume VI, section, 572.
(49) Raising Questions of.--Effect of Nonprivileged Matter.
A resolution relating to matters undoubtedly involving privilege, but
also relating to other matters not of privilege, may not be entertained
as of precedence over the ordinary business in regular order. Volume
III, section 2551.
A privileged proposition may not be amended by adding thereto matter
not privileged or germane to the original question. Volume V, section
5890.
(50) Raising Questions of.--As Distinguished From Privileged Questions.
Priority of a question of privilege over a merely privileged question.
Volume III, section 2718.
A question of privilege takes precedence of a motion merely privileged
under the rules. Volume III, sections 2526, 2527.
The latest decision does not admit the soundness of earlier rulings
that a matter merely privileged by a rule relating to the order of
business may supersede an actual question of privilege. Volume III,
sections 2528-2530.
The priority of a question of privilege which relates to the integrity
of the House as an agency for action evidently may not be disputed by a
question entitled to priority merely by the rules relating to the order
of business. Volume V, section 6454.
(51) Raising Questions of.--Respective Duties of Speaker and House in
Determining.
While the Speaker should not entertain every motion which may be
offered as a matter of privilege, he should submit to the House
whatever relates to the privileges of the House of a Member. Volume
III, sections 2536, 2537.
The validity of a question of privilege is determined by the Speaker,
and newspaper articles upon which the alleged question is based are not
necessarily laid before the House. Volume VI, section 604.
The Speakers have been accustomed for many years to give a preliminary
determination as to questions presented as involving privilege. Volume
III, section 2678.
In 1855 the Speaker held it the right of the Chair to decide whether or
not a question alleged to be of privilege should be submitted to the
House. Volume IV, section 2799.
In 1842 the Speaker could find no precedent for deciding as to a
question offered as of privilege. Volume III, section 2654.
The Speaker may pass on a question presented as of privilege instead of
submitting it directly to the House. Volume III, section 2641.
Early instance wherein the Speaker and not the House decided whether or
not a question was one of privilege. Volume III, section 2642.
Early instances wherein the Speaker passed on questions presented as of
privilege instead of submitting them directly to the House. Volume III,
sections 2649, 2650.
It has been decided that it was for the House and not the Speaker to
decide whether or not question of privilege was involved. Volume III,
section 2527.
Early custom of the Speakers to leave the House to decide whether or
not a proposition involved privilege. Volume III, section 2718.
PRIVILEGE--Continued.
(51) Raising Questions of.--Respective Duties of Speaker and House in
Determining--Continued.
Instances in which the Speaker submitted to the House the decision as
to whether or not a question involved privilege. Volume III, sections
2597, 2648, 2709.
It being claimed that a charge of crime against a Member involved a
question of privilege, the Speaker submitted the question to the House.
Volume II, section 1277.
It is for the House and not the Speaker to decide whether or not a
Senate amendment to a revenue bill violates the privileges the House.
Volume II, section 1322,
It is for the House and not the Speaker to decide whether or not the
constitutional prerogatives of the House have been invaded. Volume II,
section 1491.
It is for the House and not the Speaker to pass on a question relating
to the constitutional prerogatives of the House. Volume II, section
1490.
(52) Raising Questions of.--During Proceedings to Secure a Quorum.
During a call of the House, when a quorum is not present, a question of
privileged may not be presented unless it be something connected
immediately with the proceedings. Volume III, section 2545.
The Sergeant-at-Arms having made no report of his execution of an order
of arrest, and no excessive delay appearing, a motion summoning him to
report was held not to be of privilege. Volume III, section 2618.
A question as to the constitutionality and propriety of a continuing
order of arrest was held not to supersede a motion to discharge the
Sergeant-at-Arms from further execution of the order. Volume III,
section 2617.
(53) Raising Questions of.--In Committee of the Whole.
While questions of privilege rising in the committee should properly be
noted there and reported by the committee to the House, they may
subsequently be raised in the House itself if authenticated by official
documents or committee publications. Volume VIII, section 2216.
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.
Under the rulings a question of privilege may be raised in Committee of
the Whole as to a matter then occurring in that committee. Volume III,
sections 2540-2544.
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.
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.
A matter alleged to have arisen in Committee of the Whole, but not
reported by the Chairman, may not be brought to the attention of the
House, even on the claim that a question of privilege is involved.
Volume IV, section 4912.
A Committee of the Whole has directed its Chairman to report not only
the bill under consideration, but a resolution describing the proposing
action in relation to an alleged breach of privilege. Volume V, section
6986.
(54) Consideration of Questions of.
Whenever a question of privilege is pending it may be called by any
Member, but may be postponed by a vote of the House. Volume III,
section 2535.
Time consumed in discussion of incidental points of order is not taken
from time allotted for debate under the rule. Volume VI, section 606.
A Member has the right to withdraw a resolution before a decision
thereon, and may modify the proposition in the House, but not in the
committee. Volume VI, section 570.
The question of consideration may be raised on a question involving the
privilege of the House. Volume VI, section 560.
PRIVILEGE--Continued.
(54) Consideration of Questions of--Continued.
The previous question applies to a question of privilege as to any
other question. Volume VIII, section 2672.
A resolution presenting a question of privilege may be laid on the
table. Volume VI, section 560.
In 1836 the House committed the examination of a breach of privilege to
a select committee. Volume II, section 1630.
In 1870 the investigation of a breach of privilege was committed to a
standing committee. Volume II, section 1627.
A committee being intrusted with the examination of a question of high
privilege, a broad construction was given in favor of the privileged
character of its reports. Volume III, section 2550.
The hour rule applies to debate on a question of privilege as well as
to debate on other questions. Volume V, section 4990.
The previous question applies to a question a privilege as to any other
question. Volume II, section 1256. Volume V, section 5460.
The question of consideration may be demanded against a question of the
highest privilege, such as the right of a member to his seat. Volume V,
section 4941.
Although the House may vote not to consider a matter of privilege, it
may be called up again on the same legislative day and the question of
consideration may be damanded again. Volume V, section 4942.
A proposition involving a question of privilege being laid on the
table, may be taken up at any time by a vote of the House. Volume V,
section 5438.
The Speaker has spoken briefly from the chair on a question of
privilege relating to himself. Volume II, section 1370.
(55) Franking.
Conditions under which the franking privilege is exercised by the
Member. Volume II, section 1163. Volume VI, section 217.
Subject matter eligible to the franking privilege. Application of the
law governing the franking privilege. Volume VI, section 222.
Limit of weight of matter mailed under frank is specified by law.
Volume VI, section 217.
There is no statutory provision for the mailing of matter under the
frank of a decease. Member. Volume VI, section 224.
There is no provision of law under which the frank may be used for
return reply. Volume VI, sections 217, 219.
Instance wherein a Member delegated to another not in the service of
the house the use of his frank and occupancy of a room in the Capitol.
Volume VI, section 397.
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.
Boxes are provided for the mailing of frankable matter. Volume VI,
section 215.
While speeches or reports printed in the Congressional Record are
frankable, the addition of price lists, indices, or any other matter,
written, printed, or stamped, destroys the privilege. Volume VI,
section 221.
A Member, having inserted articles from a magazine under leave to
extend his own remarks, was given unanimous consent to expunge the
unauthorized matter on condition that it not be reprinted by the Public
Printer as frankable. Volume VIII, section 3475.
The franking privilege does not extend to air mail, or with certain
exceptions to foreign mails unless forwarded by Department of State.
Volume VI, section 217.
Ex-Members of Congress are entitled to the franking privilege until the
first day of December following expiration of their term of office.
Volume VI, section 217.
PRIVILEGE--Continued.
(55) Franking--Continued.
The franking privilege is authorized by statute, and denial or
curtailment of the privilege to any particular Member may not be made
by simple resolution. Volume VI, section 223.
The franking privilege extends to telegraph service relating to
official business. Volume VI, section 217.
The Committee on Accounts reserves the right to limit the franking
privilege on telegrams and declines to authorize the franking of
cablegrams. Volume VI, section 220.
In conformity with custom, widows of former Presidents of the United
States are granted the franking privilege. Volume VIII, section 3581.
PRIVILEGED QUESTIONS.
(1) Distinguished from questions of privilege.
(2) As related to the order of business.
(3) Nonprivileged matter not permitted in.
(4) Special orders. See also ``Special Orders.''
(5) Motions.--In general. See also ``Adjourn,'' ``Committee of the
Whole, motions to go in'' ``Recommit,'' ``Refer,'' etc.
(6) Motions.--Certain, not privileged.
(7) Reports.--Rule and practice.
(8) Reports.--From the Committee on Rules.
(9) Reports.--Committees on Accounts and Printing.
(11) Reports.--From the Committee on Ways and Means.
(12) Reports.--From the Committee on Appropriations.
(13) Reports.--From the Committee on Public Lands, Invalid Pensions,
and Rivers and Habors.
(14) Senate bills and amendments.--GGeneral appropriation bills. See
also ``Appropriations.''
(15) Senate bills and amendments.--Senate bills and amendments.--In
general.
(16) Senate bills and amendments.--Request for a conference. See also
``Conference.''
(17) Senate bills and amendments.--Conference reports. See also
``Conference.''
(18) Resolutions of inquiry. See also ``Inquiry.''
(19) Resignations, leaves of absence, etc.
(20) Recall of bills.
(21) Adjounments.
(22) In general.
(1) Distinguished from Questions of Privilege.
There is a distinction between a question of privilege and a privileged
question. Volume III, section 2654.
Priority of a question of privilege over a merely privileged question.
Volume III, section 2718.
A question of privilege takes precedence of a motion merely privileged
under the rules. Volume III, sections 2526, 2527.
The latest decision does not admit the soundness of earlier rulings
that a matter merely privileged by a rule relating to the order of
business may supersede an actual question of privilege. Volume III,
sections 2528-2530.
The priority of a question of privilege which relates to the integrity
of the House as an agency for action evidently may not be disputed by a
question entitled to priority merely by the rules relating to the order
of business. Volume V, section 6454.
(2) As Related to the Order of Business.
Privileged questions often interrupt the regular order of business, but
when they are disposed of it continues on from the point of
interruption. Volume VI, section 3071.
PRIVILEGED QUESTIONS--Continued.
(2) As Related to the Order of Business--Continued.
Business on the Speaker's table and the call of committees, although in
order early in the day, may be deferred by privileged questions. Volume
IV, sections 3070, 3071.
The call of committees may be interrupted at the end of sixty minutes
by a privileged report as well as by a motion to go into the Committee
of the Whole. Volume IV, sections 3131, 3132.
A report which is privileged to be reported as be reported at any time
is also privileged for consideration at any time, irrespective of the
rule for the order of business. Volume IV, sections 3131, 3132.
The right of a committee to report at any time carries with it the
right to have the matter reported considered. Volume IV, sections 3142-
3144.
A bill reported by a committee under its right to report at any time
remains privileged for consideration until disposed of. Volume IV,
section 3145.
The House may dispense with business in order under the rule by voting
affirmative on a privileged motion to resolve into the Committee of the
Whole to consider appropriation or revenue bills. Volume VII, section
853.
Business postponed to a day certain is in order on that day immediately
after the approval of the Journal and the disposition of business on
the Speaker's table, unless displaced by more highly privileged
business. Volume VIII, section 2614.
(3) Nonprivileged Matter Not Permitted in.
A privileged motion loses precedence if other matter be connected
therewith. Volume V, section 5305.
The insertion of matter not privileged matter destroys the privileged
character of a bill. Volume IV, sections 4624, 4633-4636, 4640, 4641,
4643. Volume VIII, section 2289.
The inclusion of matters not privilege destroys the privileged
character of a resolution. Volume VI, sections 395, 468. Volume VIII,
sections 2299, 2300.
A privileged proposition may not be amended by adding thereto matter
not privileged or germane to the original question. Volume V, section
5890. Volume VI, section 723.
It is not in order to amend a pending proposition by adding a matter
not privileged and not germane to the original proposition. Volume V,
sections 5809, 5810.
The text of a bill containing nonprivileged matter, privilege may not
be created by committee amendment in the nature of a substitute not
containing the nonprivileged matter. Volume IV, section 4623.
A point of order may be raised against a substitute reported by
committee, although the original resolution may have been privileged.
Volume VI, section 418.
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.
Directions to the Postmaster of the House specifying the number of mail
deliveries was held to destroy the privilege of a resolution reported
by the Committee on Accounts. Volume VIII, section 2299.
Authorization to appoint a clerk is a subject with the jurisdiction of
the Committee on Accounts and not the Committee on Rules, and its
inclusion by the latter committee in a resolution providing for an
order of business renders the resolution ineligible for report under
the rule giving that committee the right to report at any time. Volume
VIII, section 2256.
(4) Special Orders. See also ``Special Orders.''
Form of special order conferring a privileged status on a bill. Volume
IV, section 3264. Volume VII, section 837.
PRIVILEGED QUESTIONS--Continued.
(4) Special Orders.--Continued.
Form of special order for the consideration, successively, of a number
of bills in designated order in the Committee of the Whole and in the
House, excepting days set apart by the rules for certain classes of
business and providing against interference with other business
privileged under the rules. Volume VII, section 817.
Form of special order conferring privileged status on a number of bills
not to interfere with the consideration of privileged business. Volume
VII, section 840.
Form of special order authorizing a committee to call up a bill for
consideration with reservations as to certain privileged business.
Volume VII, section 842.
On a District of Columbia day a motion to go into the Committee on 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.
The privilege conferred on a bill by a special rule making in order a
motion to resolve into the Committee of the Whole for its consideration
is equivalent to that enjoyed by revenue and appropriation bills under
clause 9 of Rule XVI. Volume VIII, section 2259.
A special order providing certain business ``Shall be in order for
consideration'' does not preclude consideration of other privileged
business which the House may prefer to consider. Volume VI, section
413.
A motion to rescind a special order is not privileged under the rules
regulating the order of business. Volume IV, sections 3173, 3174.
(5) MoGtions.--In General. See also ``Adjourn of the Whole, Motions to
go in,'' ``Recommit,''``Refer,'' ``Committee,'' etc.
When a question is under debate certain motions only are reserved and
their precedence is governed by rule. Volume V, section 5301.
Discussion of the relative privilege of the motions to adjourn, to lay
on the table and for the previous question. Volume VIII, section 2651.
The motion to adjourn was held to have precedence of a motion
privileged under the Constitution. Volume VIII, section 2641.
The rules of the House gives the motion to adjourn the place of highest
privilege when a question is under debate. Volume V, section 5359.
A motion to reconsider takes precedence of all other questions except a
conference report or a motion to adjourn. Volume V, section 5605.
A motion for the correction of the Congressional Record may be made
properly after the reading and approval of the Journal. Volume V,
section 7013.
A motion to suspend the rules may be entertained, although the yeas and
nays may have been demanded on a motion highly privileged under the
rules. Volume V, section 6835.
When a bill has been made a special order its consideration has
precedence over reports made privileged by the rules. Volume IV,
sections 3175, 3176.
A motion to refer a presidential message is privileged. Volume VIII,
section 3348.
Motion to change the reference of a public bill, to come within the
privilege, must be offered immediately after the reading of the
Journal, and if the floor is yielded for other business the motion is
not again privileged on that day. Volume VII, section 2119.
Motions to change the reference of public bills are privileged only
when formally authorized by the committee to which referred or the
committee claiming jurisdiction. Volume VII, section 2121.
Motions to change the reference of public bills, when privileged under
the rule, take precedence of conference reports. Volume VII, section
2124.
Privileged motions to change the reference of public bills have
precedence of motions to go into the Committee of the Whole to consider
general appropriation bills. Volume VII, section 2124.
In order to come within the privilege of the rule, motions to change
the reference of public bills must apply to a single bill and not a
class of bills. Volume VII, section 2125.
PRIVILEGED QUESTIONS--Continued.
(5) Motions.--In General--Continued.
The motion for a change of reference of a public bill is not privileged
under the rule when the original reference was not erroneous. Volume
VII, section 2125.
When the Committee of the Whole finds itself without a quorum, the
motion to rise is privileged. Volume VI, section 671.
A motion to fill vacancies on standing committees was offered as
privileged. Volume VIII, section 2172.
Contrary to the procedure of the House, the motion to adjourn from day
to day is of high privilege in the committees. Volume VIII, section
2215.
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.
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.
A motion that a Member having the floor be permitted to read a paper
objected to in debate is privileged. Volume VIII, section 2605.
During the last six days of a session motions to instruct or discharge
are privileged if conferees fail to report within 36 hours after
appointment. Volume VIII, section 3225.
Conferees failing to report within 20 calendar days after appointment
may be instructed or discharged, and motions to instruct, or to
discharge and appoint successors, are of the highest privilege. Volume
VIII, section 3225.
With some exceptions an amendment may attach itself to secondary and
privileged motions. Volume V, section 5754.
A motion which was by the rules more highly privileged than the motion
to adjourn was not entertained after an affirmative vote on a motion to
adjoun. Volume IV, section 2954.
A motion fixing the hour as well as the day to which the House shall
adjourn was held not privileged when the simple motion to fix the day
was privileged. Volume V, section 5388.
By special order the motion for a recess has been given temporary
privilege. Volume IV, section 3250.
(6) Motions.--Certain, Not Privileged.
The motion for a recess is not, under the present rules, privileged as
against a demand that business proceed in the regular order. Volume V,
section 6663.
The motions to fix the day to which the House shall adjourn and for a
recess are no longer in the list of privileged motions. Volume V,
section 5301.
A motion for a recess is without privilege under the rules. Volume
VIII, section 3354.
The motion for a recess has been given temporary privilege by a
resolution reported from the Committee on Rules. Volume VIII, section
3359.
While the motion to recess is not privileged against a demand for the
regular order, it is frequently entertained by consent. Volume VIII,
section 3356.
The motion to fix the day to which the House shall adjourn is not
privileged against a demand for the regular order, but if no objection
is made may be entertained and agreed to by the House. Volume VIII,
section 2611.
No question being under debate and a motion to adjourn having been
made, motions for a recess and to fix the day to which the House should
adjourn were not entertained. Volume V, section 5302.
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 rescind is not privileged and may be entertained only by
unanimous consent. Volume IV, section 3383.
PRIVILEGED QUESTIONS--Continued.
(6) Motions.--Certain, Not Privileged--Continued.
A motion to rescind a special order was decided by the House not to be
privileged under the rules. Volume V, section 5323.
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, sections 3533, 4693.
The ordinary motion to discharge a committee from the consideration of
an unprivileged legislative proposition is not privileged. Volume VIII,
section 2316.
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.
The motion to return to a portion of a bill passed in reading for
amendment is not privileged and a paragraph or section so passed may be
again taken up by unanimous consent only, Volume VIII, section 2930.
The motion that a vote be recapitulated is not privileged. Volume VIII,
section 3126.
A proposition to amend the rules is not privileged for immediate
consideration. Volume VIII, section 3378.
A motion to strike from the Record remarks made in order is not
privileged. Volume VI, section 583.
The motion to print, even when applied to a privileged report, is not
privileged. Volume VIII, section 2610.
(7) Reports.--Rule and Practice.
The Committee on Rules, Elections, Ways and Means, Rivers and Harbors,
Public Lands, Territories, Enrolled Bills, Invalid Pensions, Printing,
and Accounts may report at any time on certain matters. Volume IV,
section 4621.
The Committees on Rules, Elections, Ways and Means, Appropriations,
Rivers and Harbors, Public Lands, Territories, Enrolled Bills, Invalid
Pensions, Printing, and Accounts may report at any time on certain
matters. Volume VIII, section 2251.
Revenue and general appropriation bills, river and harbor bills,
certain bills relating to the public lands, for the admission of new
States, and general pension bills may be reported at any time. Volume
VIII, section 2251.
Ordinarily the House proceeds to the consideration of a privileged
question only on motion authorized by the Committee reporting thereon.
Volume VIII, section 2310.
A report when presented is not debatable unless privileged for
immediate consideration. Volume VIII, section 2312.
On a motion to commit with instructions the instructions may not
authorize a committee to report at any time, as such authorization
would constitute a change of the rules. Volume V, sections 5543, 5544.
The report of a select committee appointed to ``examine and report'' on
a certain subject is not privileged. Volume IV, section 3147.
The report of a committee authorized to report ``during the present
session'' is privileged. Volume VI, section 370.
The report of a committee of investigation, as such, is without
privilege. Volume VI, section 385.
The House may empower a committee of investigation to examine
witnesses, but may not give it leave to report at any time except by a
special order changing the rules. Volume III, section 1770.
Bills from the committee having leave to report at any time must be
reported from the floor of the House, and not by filing them with the
Clerk. Volume IV, section 3146.
Privileged reports may not be submitted by filing with the Clerk
through the basket but must be presented from the floor. Volume VIII,
section 2230.
PRIVILEGED QUESTIONS--Continued.
(7) Reports.--Rule and Practice--Continued.
A privileged resolution is reported from the floor and not by filing
with the Clerk. Volume VI, section 404.
The privilege of a bill is not affected by the method by which reported
and delivery of a privileged bill to the Clerk does not thereby destroy
its privilege so as to render it eligible for consideration under call
of committees on Wednesday. Volume VII, section 936.
While a privileged bill reported by delivery to the Clerk through the
basket thereby forfeita its privilege, 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 question is not affected by the nature of the report
thereon and a resolution privileged under the rule occupies the same
status when reported adversely as when reported favorably. Volume VIII,
section 2310.
A privileged resolution should be reported from the floor and, if
reported through the basket, loses its privilege, but if ruled out of
order on that ground may be immediately submitted from the floor
without loss of privilege. Volume VI, section 419.
Although a privileged matter may lose its privilege by an informal
manner of making the report, the injury may be repaired by a new
report. Volume IV, section 3146.
In exercising the right to report at any time committees may not
include matters not specified by the rule as within the privilege.
Volume IV, section 4622.
Privileged reports are sometimes printed and recommitted. Volume IV,
section 4651.
The Speaker has declined to allow the call of committees to be
interrupted by a privileged report. Volume IV, section 3132.
A Member presenting a privileged report and Members submitting minority
views are entitled to recognition to read in full the report or views
respectively although no question may be pending. Volume VI, section
379.
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.
In passing upon the privilege of a bill for report at any time the
Speaker does not take into consideration his personal knowledge and
estimate of the probable effects of the passage of the bill. Volume
VIII, section 2280.
Leave having been given to file a report while the House is not in
session a point of order that the bill so reported is not privileged is
properly raised when the motion is made to go into Committee of the
Whole for its consideration. Volume VIII, section 2252.
(8) Reports.--From the Committee on Rules.
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.
A report by the Committee on Rules on matters within its jurisdiction
is in order at any time. Volume VIII, section 2253.
A resolution which does not relate to rules, joint rules, or order of
business is not privileged when reported by the Committee on Rules.
Volume VII, section 1044. Volume VIII, sections 2255, 2256, 2257.
The right of the Committee on Rules to report at any time is confined
strictly to reports pertaining to the rules, joint rules, and order of
business. Volume VIII, section 2254.
A report from the Committee on Rules, though highly privileged, is not
in order after the House has voted to go into Committee of the Whole.
Volume V, section 6781.
Subjects relating to the rules are referred to the Committee on Rules,
which has high privilege for its reports. Volume V, section 6770.
A special order fixing a day for particular business has been held to
be so far in the nature of a change of rules as to permit the Committee
on Rules to report it under its leave to report it at any time. Volume
V, section 6774.
PRIVILEGED QUESTIONS--Continued.
(8) Reports.--From the Committee on Rules.--Continued.
In 1841 it was held that, as the House had given the Committee on Rules
leave to report at all times, it might report in part at different
times. Volume V, section 6780.
In the early practice the privilege of the Committee on Rules was
specially given for each Congress. Volume IV, section 4650.
A resolution authorizing the offering of an amendment otherwise not in
order during consideration of a bill pending in Committee of the Whole
was held to be privileged when reported by the Committee on Rules.
Volume VIII, section 2258.
A rule requires the presentation of privileged reports from the
Committee on Rules within three legislative days from the time ordered
to be reported by the committee. Volume VIII, section 2269.
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.
(9) Reports.--Committee on Accounts and Printing.
The privilege of the Committee on Printing is confined to printing for
the two Houses, and of Accounts to expenditures from the contingent
fund. Volume IV, section 4621.
The privilege of the Committee on Printing is confined to printing for
the two Houses, and of the Committee on Accounts to expenditures from
the contingent fund. Volume VIII, section 2251.
Construction of the rule granting privilege to the Committee on
Printing. Volume VIII, section 2294.
Reports from the Committee on Printing when on provisions for printing
for the use of the Congress are privileged. Volume VIII, section 2298.
In passing upon the privilege of resolutions reported by the Committee
on Printing the number of copies specified can not be considered in
determining the question as to whether such copies are for the use of
the House. Volume VIII, section 2294.
While reports from the Committee on Printing pertaining to ``printing
for the House or two Houses'' are privileged, that privilege does not
extend to a bill providing for revision of the printing laws. Volume
VIII, section 2295.
The printing of hearings before a committee of the House was held to be
``printing for the use of the House,'' and a resolution authorizing
such printing was construed to come within the privilege of the
Committee on Printing to report at any time. Volume VIII, section 2296.
Privilege conferred on bills reported by the Committee on Printing is
confined to provisions for printing for the two Houses, and an
appropriation for such purpose destroys the privileged character of the
bill. Volume VIII, section 2297.
A resolution from the Committee on Accounts providing for payment from
the contingent fund is privileged, although the House on the merits may
decline to approve the expenditure. Volume IV, section 4644.
The privilege of the Committee on Accounts is confined to resolutions
making expenditures from the contingent fund. Volume IV, sections 4640-
4643. Volume VIII, section 2299.
The fact that a resolution reported by the Committee on Accounts
authorizes an expenditure from the contingent fund does not necessarily
render it privileged. Volume VIII, section 2300.
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.
PRIVILEGED QUESTIONS--Continued.
(9) Reports.--Committees on Accounts and Printing--Continued.
A resolution providing for the employment of a designated individual at
a stated salary to be paid out of the contingent fund was held to be
privileged when reported by the Committee on Accounts. Volume VIII,
section 2303.
A resolution providing additional compensation for employees of the
House to be paid from the contingent fund, when reported by the
Committee on Accounts, was held to come within the privilege given that
committee to report at any time. Volume VIII, section 2305.
The jurisdiction of the Committee on Accounts does not extend to the
contingent fund of the Senate and a resolution providing for joint
payment from the contingent funds of the two Houses was held not to be
privileged for report at any time. Volume VIII, section 2306.
A resolution enlarging the powers and increasing the duties of a
standing committee through the employment of a clerk to be paid from
the contingent fund was held not to be within the privilege given the
Committee on Accounts to report at any time. Volume VIII, section 2304.
A resolution fixing salaries of House employees was held not privileged
when reported by the Committee on Accounts. Volume VIII, section 2302.
Legislative propositions related 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.
A resolution from the Committee on Accounts to authorize an
appropriation for extra compensation to an employee is not privileged.
Volume IV, section 4645.
The privilege of the Committee on Printing is confined to printing for
use of the two Houses, and the presence of matter not privileged
destroys the privileged character of the report. Volume IV, sections
4647-4649.
(10) Reports.--From the Committee on Enrolled Bills.
The privilege of the Committee on Enrolled Bills to report at any time
has been long confined to the reporting of enrolled bills. Volume IV,
section 4646.
(11) Reports.--From the Committee on Ways and Means.
The right to report at any time a bill raising revenue belongs only to
the Ways and Means Committee. Volume IV, section 4628.
To come within the privilege given the Committee on Ways and means to
report at any time a bill must show on its face that it relates to the
raising of revenue. Volume VIII, section 2280.
Where the major feature of a bill relates to the raising of revenue,
lesser provisions incidental thereto but not strictly revenue producing
do not destroy its privilege when reported by the Committee on Ways and
Means. Volume VIII, section 2280.
A bill relating to the method of packing dutiable tobacco for parcel-
post shipment was held not to be a revenue bill within the meaning of
the rule giving such bills privilege. Volume VIII, section 2280.
A bill reported by the Committee on Ways and Means exempting profits on
Treasury bills from taxation was held to be privileged. Volume VIII,
section 2281.
A bill relating to the number of internal-revenue collectors and
collection districts was held to be a revenue bill within the meaning
of the rule giving such bills privilege. Volume VIII, section 2233.
A bill merely affecting the revenue incidentally does not come within
the privilege of the Ways and Means Committee to report at any time.
Volume VIII, section 2279.
The words ``raising revenue'' in the rule giving privilege to the Ways
and Means Committee are broadly construed to cover bills relating to
the revenue. Volume IV, sections 3076, 4624.
PRIVILEGED QUESTIONS--Continued.
(11) Reports.--From the Committee on Ways and Means--Continued.
Under later decisions the words ``raiding revenue'' in the rule giving
privilege to the Ways and Means Committee is broadly construed to cover
bills relating to the revenue. Volume IV, section 4625.
A bill providing for a tariff commission was held not to be a revenue
bill within the meaning of the rule giving such bills privilege. Volume
IV, section 4626.
A declaratory resolution of a subject relating to the revenue is not
within the privilege given the Ways and Means Committee to report at
any time. Volume IV, section 4627.
(12) Reports.--From the Committee on Appropriations.
The right of the Committee on Appropriations to report at any time is
confined strictly to the general appropriation bills. Volume IV,
sections 4629-4632. Volume VIII, section 2282.
The privilege of the Committee on Appropriations to report general
appropriation bills at any time does not include resolutions extending
appropriations. Volume VIII, section 2282.
Bills providing special appropriations for specific purposes are not
general appropriation bills and therefore not privileged. Volume VIII,
section 2285.
(13) RGeports.--From the Committees on Public Lands, Invalid Pensions,
and Rivers and Harbors.
Construction of the rule giving privilege to the Committee on Public
Lands. Volume IV, section 4633.
The rule giving privilege to reports from the Committee on Public Lands
permits the including of matters necessary to accomplishment of the
purposes for which privilege is given. Volume IV, sections 4637-4639.
Discussion of the privilege of the Committee on Public Lands to report
at any time. Volume VIII, section 2290.
Historical statement that the privilege of the Committee on Public
Lands to report at any time has been seldom exercised. Volume VIII,
section 2289.
A bill authorizing those failing to perfect a prior entry to make a
second entry under the homestead law does not involve such a
``reservation of the public lands'' as to come within the privilege of
the Committee on Public Lands to report at any time. Volume VIII,
section 2288.
A bill providing for agricultural entries of coal lands in Alaska was
held to be privileged as a reservation of the public lands for actual
settlers. Volume VIII, section 2290.
General pension bills reported by the Committee on Invalid Pensions are
privileged for consideration at any time. Volume VIII, section 2291.
A bill authorizing monthly payment of pensions in lieu of quarterly
payments was classified as a general pension bill and held to be within
the privilege accorded the Committee on Invalid Pensions to report at
any time. Volume VIII, section 2291.
A bill to extend the provisions of pension law to State militia was
held to be a general pension bill and privileged when reported by the
Committee on Invalid Pensions. Volume VIII, section 2292.
While the Committee on Invalid Pensions is privileged to report at any
time on general pension bills, this right does not extend to the
Committee on Pensions. Volume VIII, section 2293.
The privilege of the Committee on Rivers and Harbors to report at any
time is confined to legislative propositions for the improvement of
rivers and harbors and does not extend to provisions for the
improvement of canals or artificial waterways. Volume VIII, section
2287.
(14) General Appropriation Bills. See also ``Appropriations.''
The highly privileged character of general appropriation bills
continues at all stages, including the period after they are returned
with Senate amendments. Volume IV, section 3148.
PRIVILEGED QUESTIONS--Continued.
(14) General Appropriation Bills--Continued.
Former method of securing precedence of revenue, general appropriation,
and river and harbor bills in Committee of the Whole. Volume IV,
section 4729.
Enumeration of the appropriation bills considered ``general''
(footnote). Volume IV, section 4629.
Motions to go into Committee of the Whole to consider the various
general appropriation bills are of equal privilege and will be put in
the order in which recognition is secured. Volume VI, section 722.
General appropriation bills with Senate amendments reported back to the
House from the Committee on Appropriations are privileged and are
subject to motions authorized by the Committee. Volume VIII, section
3187.
(15) Senate Bills and Amendments.--In General.
A bill with amendments of the other House is privileged after the stage
of disagreement has been reached. Volume IV, sections 3149, 3150.
Instance wherein, after managers of a conference had reported their
inability to agree, a resolution insisting on the House's disagreement
to Senate amendments and asking a further conference was admitted as
privileged. Volume V, section 6272.
A bill of the House returned from the Senate amended and with a request
for a conference before there has been a disagreement is not privileged
in the House. Volume V, sections 6301, 6302.
A request for a conference before there has been actual disagreement
between the Houses confers no privilege on the bill affected. Volume
IV, section 3090.
A bill with amendments of the other House is privileged after the stage
of disagreement has been reached. Volume VI, section 756. Volume VIII,
section 3194.
House bills with Senate amendments which do not require consideration
in a Committee of the Whole are privileged and may be called up from
the Speaker's table for immediate consideration. Volume VI, section
728.
The fact that a House bill substantially the same as a Senate bill on
the Speaker's table has passed the House and gone to the Senate does
not detract from the privilege of the Senate bill under the rule.
Volume VI, section 734.
In order to acquire privilege under the rule a Senate bill must have
been messaged to the House after the House bill of similar tenor has
been reported and it is not sufficient that the Senate bill was
referred from the Speaker's table after the House bill was reported.
Volume VI, section 727.
A Senate bill received in the House after a House bill substantially
the same has been reported and placed on the House Calendar is
privileged and may be called up from the Speaker's table for
consideration by the committee having jurisdiction of the House bill.
Volume VI, section 727.
In order to render them privileged, action in calling up Senate bills
from the Speaker's table for direct action by the House must be
authorized by the standing committee having jurisdiction. Volume VI,
section 739.
A Senate bill privileged because of similarity to a bill on the House
Calendar may not be called up on Wednesday. Volume VII, section 906.
(16) Senate Bills and Amendments.--Request for a Conference. See also
``Conference.''
Where a conference results in disagreement a motion for a new
conference is privileged. Volume V, section 6586.
(17) Senate Bills and Amendments.--Conference Reports. See also
``Conference.''
The presentation of a conference report is always in order, except when
the Journal is being read, when the roll is being called, or when the
House is dividing. Volume V, section 6443.
The rule giving high privilege to conference reports is an affirmation
of the former practice of the House. Volume V, sections 6444-6446.
PRIVILEGED QUESTIONS--Continued.
(17) Senate Bills and Amendments.--Conference Reports--Continued.
A conference report may be presented for consideration while a Member
is occupying the floor in debate. Volume V, section 6451.
The presentation of a conference report may interrupt the reading of a
bill. Volume V, section 6448.
While the presentation of a conference report has precedence of a
motion to adjourn, yet the motion to adjourn may be put and decided
pending consideration thereof. Volume V, sections 6451-6453.
When the motion to fix the day to which the House should adjourn had
the highest privilege the consideration of a conference report was held
to displace it. Volume V, section 6451.
A conference report has precedence of a report from the Committee on
Rules on which the yeas and nays and the previous question have been
ordered. Volume V, section 6449.
A special order merely providing that the House should consider a
certain bill ``until the same is disposed of,'' it was held that the
consideration of a conference report might intervene. Volume V, section
6454.
A conference report may be presented during a call of the House if a
quorum be present. Volume V, section 6456.
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.
(18) Resolutions of Inquiry. See also ``Inquiry.''
A resolution of inquiry is not privileged until it has been referred to
a committee and then only under conditions prescribed by the rules.
Volume III, section 1857.
Committees are required to report resolutions of inquiry back to the
House within one week of the reference. Volume III, section 1856.
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.
Resolutions of inquiry are privileged for report and consideration at
any time after their reference. Volume III, section 1870.
A resolution of inquiry not being reported back within one week, a
motion to discharge the committee from the consideration of it presents
a privileged question. Volume III, sections 1866-1870.
At the expiration of a week a motion to discharge a committee from the
consideration of a resolution of inquiry is privileged, although the
resolution may have been delayed in reaching the committee. Volume III,
section 1871.
Only resolutions of inquiry addressed to the heads of Executive
Departments are privileged. Volume III, sections 1861-1863.
The privilege of resolutions of inquiry applies to those addressed to
the President of the United States. Volume III, section 1864.
A resolution authorizing a committee to request information has been
treated as a resolution of inquiry. Volume III, section 1860.
A resolution of inquiry, to enjoy its privilege, should call for facts
rather than opinions and should not require an investigation. Volume
III, sections 1872-1874.
The privilege of a resolution of inquiry may be destroyed by a
preamble, although the matter therein recited may be germane to the
subject of inquiry. Volume III, sections 1877-1878.
(19) Resignations, Leaves of Absence, etc.
In recent as well as early practice a Member frequently informs the
House by letter that his resignation has been sent to the State
executive, such letter being presented as a privileged question. Volume
II, sections 1167-1176.
Under a former rule a request for a leave of absence has been
entertained as a privileged question. Volume II, sections 1146, 1147.
PRIVILEGED QUESTIONS--Continued.
(19) Resignations, Leaves of Absence, etc.--Continued.
The request of a Member that he be excused from committee service has
generally been treated as privileged, but as debatable to a very
limited extent only. Volume IV, sections 4508-4510.
(20) Recall of Bills.
The mere request for the other House to return a bill, no error or
impropriety being involved, has not been regarded as a privileged
matter. Volume IV, section 3477.
A request of the Senate for the return of a bill is treated as
privileged in the House. Volume IV, section 3481.
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.
A resolution for the reenrollment and signing of a bill which the
President had declined to sign for constitutional reasons was held to
be privileged. Volume IV, section 3493.
The return of a bill which has gone to the President of the United
States is requested by concurrent resolution, and such resolution when
received from the Senate is treated as privileged. Volume VII, section
1090.
(21) Adjournments.
A concurrent resolution providing for an adjournment of the two Houses
for more than three days is privileged. Volume V, section 6701.
The privilege of a resolution providing for an adjournment of more than
three days is limited in its exercise. Volume V, section 6704.
A resolution providing for the holiday recess adjournment and not
reported by the committee on rules on without privilege. Volume VIII,
section 3361.
A concurrent resolution extending the time of a recess of Congress
already determined on is privileged. Volume V, section 6705.
A simple resolution providing for an adjournment of the House for more
than three days and for asking the consent of the Senate thereto has
been ruled to be privileged. Volume V, sections 6702, 6703.
Privilege has been given to a resolution providing for a recess of
congress, the length of which might be fixed by the President or the
Presiding Officers of the two Houses. Volume V, section 6706.
The privilege of a resolution fixing the time of final adjournment has
been held to extend to a proposition to recall such a resolution from
the Senate. Volume V, section 6699.
A concurrent resolution fixing the day for final adjournment may be
offered from the floor as privileged, even through a similar resolution
may have been offered and considered. Volume V, section 6698.
(22) In General.
The resolution of thanks to the Speaker at the end of his term of
service is presented as privileged. Volume V, sections 7050, 7051.
A question as to the privilege of resolutions directing the Speaker in
regard to the appointment of committees in a certain way or for certain
purposes. Volume IV, sections 4461, 4462.
A question of privilege (as distinguished from a privileged question)
does not lose its privilege through informality in the manner of
reporting it. Volume III, section 2555.
Although a proposition may be privileged for consideration under the
rules yet a motion to lay it on the table is in order, such action
being one form of consideration. Volume V, section 5397.
The failure of a quorum necessitates the suspension of even the most
highly privileged business. Volume IV, section 2934.
Messages of the President are regularly laid before the House only at
the time prescribed by the order of business. Volume V, sections 6635-
6638.
PRIVILEGED QUESTIONS--Continued.
(22) In General--Continued.
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 resolution declaring vacant the office of Speaker is presented as a
matter of high constitutional privilege. Volume VI, section 35.
Resolutions relating to the administration of the oath are of high
privilege. Volume VI, section 14.
A concurrent resolution providing for a point session to receive the
President's message was held to be of the highest privilege. Volume
VIII, section 3335.
When the House is proceeding under general parliamentary law the
Speaker is constrained to recognize any Member presenting a privileged
motion. Volume VIII, section 3383.
A Member having the floor may not exclude a privileged motion by
offering a motion of lower privilege and demanding the previous
question thereon. Volume VIII, section 2609.
A motion for disposition of a resolution is not admissible while a
point of order against the privilege of its consideration is pending.
Volume VIII, section 2316.
A concurrent resolution to send to the President for approval bills
which had passed both Houses in the previous session of the same
Congress but which for want of time failed to reach him was treated as
privileged. Volume VII, section 1086.
A resolution to procure testimony in a contested election case is
privileged when reported by a committee on elections, and is in order
on Calendar Wednesday. Volume VIII, section 2276.
The date on which bills are referred to the calendar is immaterial in
determining their relative privilege. Volume VI, section 722.
A resolution relating to the installation of accessories proposed to
improve the acoustics of the Hall of the House was entertained as
privileged. Volume VIII, section 3633.
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.
PRIVILEGES OF THE FLOOR.
(1) Persons entitled to.
(2) Rule as to, not to be suspended.
(3) Duties of Doorkeeper as to.
(4) Abuse of.
(5) Earlier practice as to claimants for seats.
(6) In general.
(1) Persons Entitled to.
The rules limits strictly the classes of persons having the privileges
of the floor during sessions of the House. Volume V, section 7283.
Volume VIII, section 3634.
With certain exceptions all persons not entitled to the privileges of
the floor during a session are excluded from the floor of the House at
all times. Volume V, section 7346.
Members of Congress, Members-elect, and under certain conditions ex-
Members of the House and contestants in election cases have the
privilege of the floor. Volume V, section 7283. Volume VIII, section
3634.
The Secretary and Sergeant-at-Arms of the Senate, Superintendent of the
Capitol, the Librarian of Congress and his assistant in the law library
have the privilege of the floor. Volume V, section 7283. Volume VIII,
section 3634.
The President and Vice-President of the United States and their
secretaries have the privilege of the floor. Volume V, section 7283.
Volume VIII, section 3634.
``Heads of Departments,'' meaning members of the President's Cabinet,
have the privilege of the floor. Volume V, section 7283. Volume VIII,
section 3634.
The judges of the Supreme Court have the privileges of the floor.
Volume V, section 7283. Volume VIII, section 3634.
The resident commissioner to the United States from Porto Rico has the
privilege of the floor. Volume V, section 7283.
PRIVILEGES OF THE FLOOR--Continued.
(1) Person Entitled to--Continued.
The Resident Commissioners to the United States from Porto Rico and the
Philippine Islands have the privilege of the floor. Volume VIII,
section 3634.
The privileges of the floor with the right to debate were extended to
Resident Commissioners in the Sixtieth Congress. Volume VI, section
244.
Persons who have by name received the thanks of Congress have the
privilege of the floor. Volume V, section 7283. Volume VIII, section
3634.
The privileges of the floor do not extend to departmental employees
assisting committee in the preparation of bills. Volume VI, section
579.
Ministers from foreign governments and governors of States (but not of
Territories) have the privilege of the floor. Volume V, section 7283.
Representatives of certain specified news associations are admitted to
the floor of the House under regulations prescribed by the Speaker.
Volume V, section 7304.
Clerks of committees other than the clerk of the committee in charge of
the bill under consideration are not entitled to the privileges of the
floor. Volume VIII, section 3636.
The privileges of the floor incident to receiving the thanks of
Congress are limited to those who have been designated by name. Volume
VIII, section 3638.
Accredited members of the press having seats in the gallery and
employees of the House may go upon the floor of the House until within
fifteen minutes of the hour of meeting. Volume V, section 7346.
A question of order being raised against the presence of unauthorized
persons on the floor of the Senate, the Vice President directed the
Sergeant at Arms to remove all persons not entitled to the privileges
of the floor. Volume VIII, section 3639.
(2) Rule as to, Not to be Suspended.
The Speaker is forbidden to entertain a request for the suspension of
the rule relating to the privilege of the floor. Volume V, section
7283. Volume VIII, section 3634.
The rule forbidding the Speaker to entertain requests for the
suspension of the rule relating to admission to the floor is held to
apply also to the Chairman of the Committee of the Whole. Volume V,
section 7285.
Rigid enforcement of the rule forbidding requests for extension of the
privileges of the floor. Volume V, section 7284.
(3) Duties of Doorkeeper as to.
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 required to enforce strictly the rules relating to
the privileges of the Hall and is responsible for the official conduct
of his employees. Volume I, section 260.
(4) Abuse of.
While former Members of Congress are entitled to the privilege of the
floor they may not manifest approval or disapproval of the proceedings.
Volume VIII, section 3635.
A resolution relating to an alleged abuse of the privileges of the
floor does not present a question of higher privilege than an election
case. Volume III, section 2626.
An alleged abuse of the privilege of the floor by an ex-Member was
inquired into by a special committee. Volume V, section 7287.
An ex-Member who was abusing the privileges of the floor was excluded
by direction of the Speaker. Volume V, section 7288.
In a former Congress exclusion from the privileges of the floor was
made a penalty for attempting to corrupt Members of Congress. Volume V,
section 7294.
An alleged violation of the rule relating to admission to the floor
presents a question of privilege. Volume VI, section 579.
PRIVLEGES OF THE FLOOR--Continued.
(5) Earlier Practice as to Claimants for Seats.
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.
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.
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.
Instance wherein the House denied the privileges of the floor to a
claimant for a seat. Volume I, section 315.
In 1859 the Senate declined to admit claimants of seats to the
privileges of the floor. Volume I, section 546.
The right of a Speaker 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.
(6) In General.
A special admission to the privileges of the floor is a rare honor.
Volume V, section 7293.
The House formally extended the privileges of the floor to the widow of
President Madison. Volume V, section 7081.
A register of persons other than Members who are entitled to the
privileges of the floor was authorized in 1853. Volume V, section 7291.
The rule relating to admission to the floor is constructed broadly on
the occasion of ceremonies. Volume V, section 7290.
The meaning of the rule relating to admission to the floor has been
interpreted by a committee. Volume V, section 7289.
Judge Peck, threatened with impeachment, was permitted to make to the
House a written or oral argument. Volume III, section 2366.
A motion instructing the Sergeant at Arms to exclude all persons not
entitled to the privileges of the floor was entertained as privileged.
Volume VIII, section 3637.
PROBABLE CAUSE.
In the Watrous case that House discussed whether or not ascertainment
of probable cause justified proceeding in impeachment. Volume III,
section 2498.
PROCEDURE.
The Speaker, of his own initiative, has submitted to the House for
decision a question as to procedure. Volume II, sections 1315, 1316.
The object of a parliamentary body is action, not stoppage of action;
and the methods of procedure may not be used to stop legislation.
Volume V, section 5713.
Instance of a conference on a subject of procedure in an impeachment.
Volume III, section 2304.
PROCESSES.
(1) Of the House.--Directed to the Sergeant-at-Arms.
(2) Of the House.--To secure the attendance of witnesses.
(3)For compelling testimony before commissions.
(1) Of the House.--Directed to the Sergeant-at-Arms.
The Sergeant-at-Arms executes the commands of the House and all of its
processes directed to him by the Speaker. Volume I, section 257.
(2) Of the House.--To Secure the Attendance of Witnesses.
Witnesses are summoned in pursuance and by virtue of the authority
conferred on a committee to send for persons and papers. Volume III,
section 1750.
PROCESSES--Continued.
(2) Of the House.--To Secure the Attendance of Witnesses--Continued.
Instance wherein the House empowered the Ways and Means Committee to
send for persons and papers in any matter arising out of business
referred to the committee. Volume III, section 1813.
Forms of subpoena and compulsory process issued by House committee to
produce persons and papers for the Blount impeachment. Volume III,
sections 2038, 2039.
A Senate committee with authority to take testimony in the recess
between two sessions of the same Congress was yet unable to compel
testimony from a recalcitrant witness. Volume III, section 1837.
The statutes provide that a person summoned as a witness who fails to
appear or refuses to testify shall be punished by fine or imprisonment.
Volume III, section 1769.
Each House of Congress has power through its own process to summon a
private individual before one of its committees to give testimony which
will enable it the more efficiently to exercise its constitutional
legislative function. Volume VI, section 342.
A witness in custody for refusing to testify may invoke the action of
the courts only on a clear showing of arbitrary and improvident use of
the power amounting to a denial of due process of law. Volume VI,
section 349.
(6) For Compelling Testimony Before Commissions.
Decision of the Supreme Court that a law of Congress empowering the
Federal courts to compel testimony before the Interstate Commerce
Commission was constitutional. Volume III, section 1766.
A decision that the Federal Courts may not be made by act of Congress
an agency for compelling testimony before a commission. Volume III,
section 1767.
PROCESSIONS.
The Speaker and President of the Senate have discretion as to the use
of the Capitol grounds for processions, assemblies, music, and speeches
on occasions of national interest. Volume V, section 7312.
PROCLAMATIONS.
In the later practice a proclamation of the President convening
Congress appears in full in the Journal. Volume IV, section 2878-2882.
PRODUCERS OF AGRICULTURAL PRODUCTS.
Bills authorizing associations of producers of agricultural products
and limiting the effect of the Clayton Antitrust Act with reference to
agricultural associations have been reported by the Judiciary
Committee. Volume VII, section 1765.
PRO FORMA AMENDMENT.
Pro Forma amendments were in use in five minutes' debate as early as
1868. Volume V, section 5778.
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.
By offering a pro forma amendment in Committee of the Whole a Member
does not lose the right to insist on his pending point of order. Volume
V, section 6874.
In debate under the five-minute rule the Member must confine himself to
the subject, even on pro forma amendments. Volume VIII, section 2591.
While the motion to strike out the enacting clause is pending in the
Committee of the Whole the pro forma amendment to strike out the last
word is not entertained. Volume VIII, section 2627.
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.
PRO FORMA AMENDMENT--Continued.
A pro forma amendment must be voted on unless withdrawn. Volume VIII,
section 2874.
A point of order may not be raised against a proposition after an
amendment is offered and even a pro forma amendment precludes a
question of order. Volume VIII, section 3445.
PROHIBITION LAWS.
Enforcement and administration of national prohibition laws is a
subject under the jurisdiction of the Judiciary Committee. Volume VII,
section 1773.
PROOF.
(1) Burden of.--To show law authorizing an appropriation.
(2) In general.
(1) Burden of.--To Show Law Authorizing an Appropriation.
Those upholding an item in an appropriation should have the burden of
showing the law authorizing it. Volume IV, section 3597.
(2) In General.
Affidavits filed with a request for time to take additional testimony
in an election case must state the names of the witnesses and the
particular facts to be proven by them. Volume I, section 602.
Ex parte proof, while not admitted as competent proof of the facts
therein recited, was given weight as raising a suspicion of frauds
justifying an investigation. Volume I, section 625.
The failure of an officer to certify properly a return does not prevent
the admission of secondary evidence to prove the actual state of the
vote. Volume I, section 640.
As to the extent to which hearsay testimony is admissible to prove that
a person recorded as voting was not within the precinct on election
day. Volume II, section 1130.
Where canvassing officers reject returns transmitted unsealed when the
law requires them to be sealed, what evidence should the House require
to overrule the canvassers? Volume II, section 1057.
PROPERTY.
(1) Of the House.
(2) As related to consideration in Committee of the Whole.
(1) Of the House.
The Postmaster accounts for the Government property in his possession.
Volume I, section 271.
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 an inventory of furniture, books, etc.
Volume I, section 261.
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.
(2) As Related to Consideration in Committee of the Whole.
All appropriations of public moneys or property and propositions to
release any liability to the United States or refer any claim to the
Court of Claims are considered in Committee of the Whole. Volume IV,
section 4792.
A proposition to dispose of funds held as a trust under control of the
Government, but not the property of the Government, is not considered
in Committee of the Whole. Volume IV, section 4853.
Indian lands have not been considered ``property'' of the Government
within the meaning of the rule requiring consideration in Committee of
the Whole. Volume IV, sections 4844, 4845. Volume VIII, section 2413.
The burden of proof of the germaneness of an amendment rests upon its
proponents. Volume VIII, section 2995.
PROPERTY--Continued.
(2) As Related to Consideration in Committee of the Whole--Continued.
A bill leasing Government property falls within the class of bills
requiring consideration in Committee of the Whole. Volume VIII, section
2399.
A bill authorizing officials in certain contingencies to alienate
Government property was held to require consideration in the Committee
of the Whole. Volume VIII, section 2399.
A concurrent resolution is not used in conveying title to Government
property. Volume VII, section 1045.
Disposition of Government property is effected by bill or joint
resolution only, and a simple resolution is inadequate for that
purpose. Volume VII, section 1039.
The acquisition of property for Federal building purposes and the
relinquishment of such property belonging to the United States are
subjects within the jurisdiction of the Committee on Public Buildings
and Grounds. Volume VII, section 1963.
PROPOSER.
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 4491.
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.
PROPOSITION.
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.
PROSECTION.
In the case of Kilbourn v. Thompson the court affirmed the immunity of
Members of the House from prosecution on account of their action in a
case of alleged contempt. Volume III, section 2675.
PROTECTION OF CITIZENS.
Questions relating to the protection of American citizens abroad and
expatriation belong to the jurisdiction of the Committee on Foreign
Affairs. Volume IV, section 4169. Volume VII, section 1883.
Treaty stipulations providing for protection of the Panama Canal and
enactments in conformity therewith were held to authorize
appropriations for canal fortifications. Volume VII, section 1137.
A provision in a general appropriation bill authorizing the expenditure
of money therein appropriated for the protection of the naval petroleum
reserve was held to be authorized by the holding statute. Volume VII,
section 1246.
The protection of trade and commerce against unlawful restraints and
monopolies is a subject within the jurisdiction of the Committee on the
Judiciary. Volume VII, section 1748.
Bills providing protection for the uniform of friendly nations are
under the jurisdiction of the Committee on the Judiciary. Volume VII,
section 1774.
Jurisdiction over bills relating to the protection of seals and other
fur-bearing animals of Alaska, formerly exercised by the Committee on
Ways and Means, has now been transferred to the Committee on the
Merchant Marine and Fisheries. Volume VII, section 1851.
PROTESTS.
(1) Entry of, in the Journal.--In general.
(2) Entry of, in the Journal.--Not a question of privilege.
(3) Entry of, in the Journal.--Instances of.
(4) Entry of, in the Journal.--Of a committee.
(5) By the President.
PROTESTS--Continued.
(1) Entry of, in the Journal.--In General.
A Member may not, as a matter of right, enter a protest in the Journal.
Volume IV, section 2798.
Practice of House and Senate as to admitting protests to the Journal
(footnote). Volume IV, section 2805.
The House having declined to permit protests to be entered on the
Journal, the Speakers have declined to entertain motions to amend the
Journal which would have effected the purpose indirectly. Volume IV,
section 2805.
In 1843 the House finally decided that a protest which had been refused
admission to the Journal might not appear there indirectly. Volume IV,
section 2804.
In the earlier practice protests which the House refused to allow in
the Journal appeared there indirectly as part of the rejected motion.
Volume IV, sections 2801-2803.
(2) Entry of, in the Journal.--Not a Question of Privilege.
The demand of a Member that a protest against certain parliamentary
practices of the House be placed on the Journal does not present a
question of privilege. Volume IV, sections 2799, 2800.
A protest against the method by which a bill had been passed, no error
or infraction of the rules being alleged, was decided by the House not
to present a question of privilege. Volume III, section 2597.
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.
The Clerk, presiding at the organization, has declined to entertain a
protest, although it related to the organization. Volume I, section 80.
(3) Entry of, in the Journal.--Instances of.
Summary of precedents relating to the placing of protests on the
Journal. Volume III, section 2597.
In 1826 the House authorized the Representatives from the State of
Georgia to enter a protest in the Journal. Volume IV, section 2806.
In 1868 a protest was entered in the Journal by unanimous consent.
Volume IV, section 2807.
The written protest of a Member against his proposed expulsion does not
go into the Journal except by order of the House. Volume II, section
1275.
The House once allowed a Member to insert in the Journal a declaration
of his reasons for a vote. Volume IV, section 2825.
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 House ordered spread on its Journal a paper in which Samuel Houston
protested against the right of the House to punish him for contempt.
Volume II, section 1619.
(4) Entry of, in the Journal.--Of a Committee.
A committee controls its journal and sometimes grants leave to Members
to incorporate in it signed statements of their views. Volume IV,
section 4579.
It is not the right of a Member to enter on the journal of a committee
his reasons for objecting to certain procedure. Volume IV, section
4576.
(5) By the President.
A formal protest by the President against certain proceedings of the
House was declared a breach of privilege. Volume II, section 1590.
President Jackson having sent to the Senate a protest against its
censure of his acts, the Senate declared the protest a breach of
privilege and refused it entry on the Journal. Volume II, section 1591.
PUBLIC BILLS.
(1) Distinghished from private bills.
(2) In general.
(1) Distinguished From Private Bills.
Discussion and distinction between public and private bills and method
of introduction and reference. Volume VIII, section 864.
A bill dealing with classes is a public bill as distinguished from a
private bill for the benefit of individuals. Volume VIII, section 856.
A bill which applies to a class and not to individuals as such is a
public bill. Volume III, section 2614. Volume VII, section 869.
A private bill is a bill for the relief of one or several specified
persons, corporations, institutions, etc., and is distinguished from a
public bill, which relates to public matters and deals with individuals
only by classes. Volume IV, section 3285.
A bill for the benefit of individuals, but which includes also
provisions of general legislation, is classed as a public bill. Volume
IV, section 3286.
A bill containing among provisions for the relief of private persons
one item to pay a claim of a foreign nation was classed as a public
bill. Volume IV, section 3287.
A bill to create a corporation in the District of Columbia was held to
be a public bill. Volume IV, section 3294.
A bill for the advantage of private individuals, even in connection
with a public object, has been treated as a private bill. Volume IV,
section 3289.
A bill authorizing one tribe of Indians to sue another in the Court of
Claims was held to be a private bill. Volume IV, section 3290.
A bill prescribing the form of oath to be taken by a Member-elect of
the House was held to be a private bill. Volume IV, section 3291.
A bill authorizing an exchange of Government-owned land was held to be
a public bill. Volume VII, section 862.
A bill granting an easement over public lands was held to be a public
bill. Volume VII, section 864.
A bill to indemnify a foreign government for injury to its nationals
was held to be a public bill. Volume VII, section 865.
A bill legalizing conveyance of real estate previously made was held to
be a public bill. Volume VII, section 868.
A bill conferring jurisdiction on the Court of Claims to hear and
report on claims of Indian tribes against the United States was classed
as a public bill. Volume VII, section 870.
A bill relating to a nation of Indians and not to Indians as
individuals was held to be a public bill. Volume VII, section 870.
The term ``general pension bills'' is construed to refer to bills or
legislation general in character as distinguished from bills or
legislation of a private character or bills restricted in their purpose
or effect. Volume VIII, section 2291.
(2) In General.
Rules for correction of erroneous reference of private and public
bills. Volume IV, section 3364.
A private bill of the House, returned from the Senate with a substitute
amendment of a public nature, was held to be a private bill still.
Volume IV, section 3288.
The statues 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.
Bills erroneously referred to calendars are transferred to the proper
calendar by direction of the Speaker. Volume VII, section 859.
Reference of public bills is by the Speaker through the clerk at the
Speaker's table. Volume VII, section 1031.
PUBLIC BILLS--Continued.
(2) In General--Continued.
Motions to change the reference of public bills are not in order on
Calendar Wednesday. Volume VII, section 2117.
Motion to change the reference of a public bill, to come within the
privilege, must be offered immediately after the reading of the
Journal, and if the floor is yielded for other business the motion is
not again privileged on that day. Volume VII, section 2119.
Motions to change the reference of public bills are privileged only
when formally authorized by the committee to which referred or the
committee claiming jurisdiction. Volume VII, section 2121.
Privileged motions to change the reference of public bills have
precedence of motions to go into Committee of the Whole to consider
general appropriation bills. Volume VII, section 2124.
Motions to change the reference of public bills, when privileged under
the rule, take precedence of conference reports. Volume VII, section
2124.
A motion to change the reference of a public bill identical with one
already reported is not in order. Volume VII, section 2125.
The motion for a change of reference of a public bill is not privileged
under the rule when the original reference was not erroneous. Volume
VII, section 2125.
In order to come within the privilege of the rule, motions to change
reference of public bills must apply to a single bill and not to a
class of bills. Volume VII, section 2125.
Motions to change the reference of public bills are not debatable.
Volume VII, section 2126, 2127, 2128.
A motion for a change in the reference of a public bill may be amended
but the amendment, like the original motion, is subject to the
requirement that it be authorized by the proper committee. Volume VII,
section 2127.
A motion to change the reference of a public bill when made immediately
after the reading of the Journal is in order on Friday, as on other
days. Volume VII, section 2128.
PUBLIC BUILDINGS AND GROUNDS.
(1) Authorization of appropriations for.
(2) Committee on.--Creation and history.
(3) Committee on.--Jurisdiction of.
(4) In general.
(1) Authorization of Appropriations for.
While appropriations for new buildings at existing Government
institutions have sometimes been admitted, as in continuance of a
public work, they are not regarded as establishing a principle. Volume
V, section 3741.
An appropriation for officers' quarters at a navy-yard is not in order
on the naval appropriation bill as in continuance of a public work.
Volume IV, section 3758.
It is not in order on the naval appropriation bill to appropriate for a
new foundry not previously authorized by law at a navy-yard. Volume IV,
section 3761.
Appropriations for repairs to public buildings are admitted in general
appropriation bills as in continuation of a public work. Volume IV,
section 3778.
A proposition to pave city streets adjacent to a public building was
held to be without authority of law. Volume IV, sections 3779-3781.
It is not in order on a general appropriation bill to establish a limit
of cost on a public building. Volume IV, section 3761.
The mere appropriation of a sum ``to complete'' a work does not fix the
limit of cost to exclude future appropriations for a public building on
a general appropriation bill. Volume IV, section 3761.
An appropriation for a public building in excess of the limit of cost
fixed by law is not in order on an appropriation bill. Volume VII,
section 1133.
PUBLIC BUILDINGS AND GROUNDS--Continued.
(1) Authorization of Appropriations for.--Continued.
A statute changes in the limit of cost of public buildings in
accordance with estimates submitted by the Bureau of the Budget. Volume
VII, section 1450.
A proposition to repair a public building is in order as a continuation
of work in progress if such repairs are for the use and purpose for
which the building was originally provided, but not otherwise. Volume
VII, section 1370.
While alteration and adaption of public buildings belonging to the
Government is held to be continuation of a work in progress within the
meaning of the rule, the alteration and adaptation of a building not
the property of the Government, even though under its control, was held
not to be such a work in progress and subject to a point of order.
Volume VII, section 1339.
An appropriation for repairs and other expenses for the care,
preservation, and improvement of the public buildings and grounds of
the Weather Bureau was held not to be in order on an appropriation
bill. Volume VII, section 1367.
While a proposition to enlarge an existing public building is in order
as continuation of a public work, an appropriation for the
``extension'' of a building is not in order if it is in fact a
proposition for a new building. Volume VII, section 1355.
(2) Committee on.--Creation and History.
The creation and history of the Committee on Public Buildings and
Grounds Section 22, of Rule XI. Volume IV, section 4231.
Recent history of the Committee on Public Buildings and Grounds,
section 20 of Rule XI. Volume VII, section 1962.
(3) Committee on.--Jurisdiction.
The rule gives to the Committee on Public Buildings and Grounds
jurisdiction of subjects relating ``to the public buildings and
occupied or improved grounds of the United States, other than
appropriations therefor.'' Volume IV, section 4231.
The Committee on Public Buildings and Grounds has jurisdiction of bills
authorizing the purchase of sites and construction of post-offices,
custom-houses, and Federal court-houses in various portions of the
country. Volume VI, section 4232.
Government buildings within the District of Columbia are within the
jurisdiction of the Committee on Public Buildings and Grounds. Volume
IV, section 4233.
The bill for the purchase of the house in which Abraham Lincoln died
was reported by the Committee on Public Buildings and Grounds. Volume
VI, section 4234.
The bill authorizing the acquisition of a site and erection of the
Government Printing Office was placed within the jurisdiction of the
Committee on Public Buildings and Grounds. Volume IV, section 4233.
Legislation relating to the office of the Supervising Architect of the
Treasury is within the jurisdiction of the Committee on Public
Buildings and Grounds. Volume IV, section 4232.
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.
Subjects relating generally to the Capitol building, especially the
House wing, have been reported by the Committee on Public Buildings and
Grounds. Volume IV, section 4238.
Subjects relating to the House restaurant and kitchen have been within
the jurisdiction of the Committee on Public Buildings and Grounds.
Volume IV, section 4237.
The acquisition of property for Federal building purposes and the
relinquishment of such property belonging to the United States are
subjects within the jurisdiction of the Committee on Public Buildings
and Grounds. Volume VII, section 1963.
PUBLIC BUILDINGS AND GROUNDS--Continued.
(3) Committee on.--Jurisdiction--Continued.
Legislative provisions for the construction of Federal buildings in the
Territories have been reported by the Committee on Public Buildings and
Grounds. Volume VII, section 1964.
The Committee on Public Buildings and Grounds has reported legislative
propositions relating to the buildings and grounds of the Botanic
Garden, the Capitol and the Bureau of Standards. Volume VII, section
1965.
Bills providing for the purchase of post-office sites and the erection
of buildings thereon are within the jurisdiction of the Committee on
Public Buildings and Grounds rather than that of the Committee on the
Post Office and Post Roads. Volume VII, section 1966.
The construction of a memorial bridge across the Potomac River is a
subject which has been considered by the Committee on Public Buildings
and Grounds. Volume VII, section 1968.
The House has decided that legislative propositions to provide housing
in time of emergencies is within the jurisdiction of the Committee on
Public Buildings and Grounds and not the Committee on Labor. Volume
VII, section 1970.
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.
Authorization for construction of buildings for the customs service on
military reservations is a subject within the jurisdiction of the
Committee on Public Buildings and Grounds and not the Committee on
Military Affairs. Volume VII, section 1972.
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 on
Labor. Volume VII, section 2127.
(4) In General.
The general affairs of the consular service and the acquisition of land
and buildings for legislations in foreign capitals are within the
jurisdiction of the Committee on Foreign Affairs. Volume IV, section
4163.
Authorizations for sites and buildings for immigrant stations are
within the jurisdiction of the Committee on Immigration and
Naturalization. Volume IV, section 4312.
Bills authorizing the construction and providing for the care of the
Library Building and the management of the Library itself have been
reported by the House branch of the Joint Committee on the Library.
Volume IV, section 4339.
The management of national penitentiaries and the authorization of
buildings therefor are within the jurisdiction of the Committee on the
Judiciary. Volume IV, section 4070.
The subjects of patent law, jurisdiction of courts in patent cases, the
Patent Office, including a building therefor, have been considered by
the Committee on Patents. Volume IV, section 4255.
Bills authorizing the construction of marine hospitals and the
acquisition of sites therefor are reported by the Committee on
Interstate and Foreign Commerce. Volume IV, section 4110.
The general subjects of quarantine and the establishment of quarantine
stations are within the jurisdiction of the Committee on Interstate and
Foreign Commerce. Volume IV, section 4109.
Bills relating to the restoration of noted estates and historic
buildings on military reservations are within the jurisdiction of the
Committee on Military Affairs rather than the Committee on Public
Buildings and Grounds. Volume VII, section 1893.
Subjects relating to the House restaurant and kitchen, formerly within
the jurisdiction of the Committee on Public Buildings and Grounds, have
been transferred by the House to the jurisdiction of the Committee on
Accounts. Volume VII, section 2054.
PUBLIC CEREMONIES.
The House sometimes appoints committees to represent it at public
ceremonies. Volume VIII, section 3527.
The House sometimes accepts invitations to attend public exercises, but
does not go as an organized body. Volume VIII, section 3528.
PUBLIC CREDIT.
The strengthening of public credit, issues of notes, and taxation,
redemption, etc., thereof, and authorization of bond issues in
connection therewith have been considered by the Committee on Banking
and Currency. Volume IV, section 4084.
PUBLIC DEFENSE.
The rules give to the Committee on Military Affairs jurisdiction of
subjects relating ``to the military establishment and the public
defense.'' Volume IV, section 4179.
Appropriations for the military establishment and the public defense,
including the Military Academy, are by rule placed within the
jurisdiction of the Committee on Military Affairs. Volume IV, section
4179.
PUBLIC DOCUMENTS.
The statutes define the term ``public documents'' 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.
The falsification of a House document was made the subject of
examination by a select committee. Volume V, section 7329.
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.
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.
PUBLIC DOMAIN.
The rule gives the Committee on Public Lands jurisdiction of subjects
relating to the lands of the United States. Volume IV, section 4194.
The Committee on Public Lands exercised a preliminary jurisdiction over
the subject of irrigation. Volume IV, section 4195.
PUBLIC ENEMIES.
Bills regulating commerce with public enemies have been reported by the
Committee on Interstate and Foreign Commerce. Volume VII, section 1823.
PUBLIC HEALTH.
Bills relating to quarantine and the duties of the Marine Hospital
Service and otherwise providing for the Public Health Service, formerly
reported by the Committee on Interstate and Foreign Commerce, are now
considered by the Committee on Merchant Marine and Fisheries. Volume
VII, section 1816.
PUBLIC INTEREST.
The President declined to submit to the Senate in response to its
request certain papers touching the London Naval Treaty of 1930 on the
ground that such compliance would be incompatible with the public
interest. Volume VI, section 433.
A resolution addressed to the President requesting the transmission of
papers having been offered, the Senate modified it by incorporation of
the clause ``if not incompatible with the public interest.'' Volume VI,
section 433.
A member of the Cabinet declining on his own responsibility to transmit
data requested by the House was criticized for failure to communicate
such refusal though the President as incompatible with public interest.
Volume VI, section 402.
PUBLIC INTEREST--Continued.
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.
Instance wherein the Secretary of War declined to respond to an inquiry
of the House on grounds of incompatibility with the public interest.
Volume VI, section 434.
PUBLIC LANDS.
(1) Privilege of bills relating to.
(2) Consideration of bills relating to, in Committee of the Whole.
(3) Committee on.--History of.
(4) Committee on.--Jurisdiction of.
(1) Privilege of Bills Relating to.
Historical statement that the privilege of the Committee on Public
Lands to report at any time has been seldom exercised. Volume VIII,
section 2289.
The right of the Committee on Public Lands to report at any time is
confined strictly to the subjects enumerated in the rule. Volume VIII,
section 2289.
Discussion of the privilege of the Committee on Public Lands to report
at any time. Volume VIII, section 2290.
The Committees on Rules, Elections, Ways and Means, Rivers and Harbors,
Public Lands, Territories, Enrolled Bills, Invalid Pensions, Printing,
and Accounts may report at any time on certain matters. Volume IV,
section 4621.
The Committees on Rules, Elections, Ways and Means, Appropriations,
Rivers and Harbors, Public Lands, Territories, Enrolled Bills, Invalid
Pensions, Printing, and Accounts may report at any time on certain
matters. Volume VIII, section 2251.
The rule giving privilege to reports from the Committee on Public Lands
permits the including of matters necessary to accomplishment of the
purposes for which privilege is given. Volume IV, sections 4637-4639.
Construction of the rule giving privilege to the Committee on Public
Lands. Volume IV, section 4633.
Revenue and general appropriation bills, river and harbor bills,
certain bills relating to the public lands, for the admission of new
States, and general pension bills may be reported at any time. Volume
VIII, section 2251.
A bill authorizing those failing to perfect a prior entry to make a
second entry under the homestead law does not involve such a
``reservation of the public lands'' as to come within the privilege of
the Committee on Public Lands to report at any time. Volume VIII,
section 2288.
A bill providing preference for a class in the administration of the
homestead laws is not such a ``reservation of the public lands'' as to
come within the purview of the rule authorizing the Committee on Public
Lands to report at any time. Volume VIII, section 2289.
A bill providing for agricultural entries of coal lands in Alaska was
held to be privileged as a reservation of the public lands for actual
settlers. Volume VIII, section 2290.
(2) Consideration of Bills Relating to, in Committee of the Whole.
The dedication of public land to be forever used as a public park was
held to be such an appropriation of public property as would require
consideration in Committee of the Whole. Volume IV, sections 4837-4838.
The grant to a railroad of easement on public lands or in streets
belonging to the United States is a subject requiring consideration in
Committee of the Whole. Volume IV, sections 4840-4842.
A bill incorporating land from the public domain in a Federal forest
reserve was held to require consideration in Committee of the Whole.
Volume VIII, section 2407.
(3) Committee on.--History of.
The creation and history of the Committee on Public Lands. Section 15
of Rule XI. Volume IV, section 4194.
PUBLIC LANDS--Continued.
(3) Committee on.--History of--Continued.
Recent history of the Committee on the Public Lands, section 15 of Rule
XL. Volume VII, section 1923.
(4) Committee on.--Jurisdiction of.
The rule gives the Committee on Public Lands jurisdiction of subjects
relating to the lands of the United States. Volume IV, section 4194.
The forfeiture of land grants and alien ownership of land have been
considered by the Public Lands Committee, although the Judiciary
Committee has also participated in the jurisdiction of certain land
questions. Volume IV, section 4201.
The Committee on Public Lands has exercised a general but not exclusive
jurisdiction over public lands in relation to the minerals contained
therein and has reported bills to establish schools of mines. Volume
IV, section 4202.
The Committee on the Public Lands has exercised jurisdiction over
subjects relating to mineral lands of the public domain and the entry
of such lands for homestead and agricultural purposes. Volume VII,
section 1926.
The Committee on Public Lands has reported projects of general
legislation relating to various classes of land claims as related both
to States and individuals. Volume IV, section 4203.
The Committee on Public Lands has exercised jurisdiction over the
public lands of Alaska, including grants to public-service
corporations. Volume IV, section 4196.
The Committee on Public Lands has jurisdiction over subjects relating
to those national parks created out of the public domain. Volume IV,
section 4198. Volume VII, section 1925.
The Committee on Public Lands exercises jurisdiction as to such forest
reserves as are created out of the public domain. Volume IV, section
4197.
Bills relating to the preservation of prehistoric ruins and national
objects of interest on the public lands have been reported by the
Committee on Public Lands. Volume IV, section 4199.
Subjects relating to Arkansas Hot Springs Reservation are within the
jurisdiction of the Committee on Public Lands. Volume IV, section 4200.
The public domain, conservation thereof, and the granting of forfeiture
of lands therefrom, or easements thereon, are subjects within the
jurisdiction of the Committee on the Public Lands. Volume VII, section
1924.
Subjects pertaining to the school lands of a State or Territory have
been held to be within the jurisdiction of the Committee on the Public
Lands. Volume VII, section 1928.
Bills authorizing punishments and penalties when provided for offenses
relating to the administration of the lands of the public domain have
been reported by the Committee on the Public Lands. Volume VII, section
1929.
Bills providing for the appraisal, sale, lease, and conveyance of
public lands and for the disposition of such lands when abandoned are
within the jurisdiction of the Committee on the Public Lands. Volume
VII, section 1930.
Legislative propositions relating to the care of waters on arid public
lands belong to the jurisdiction of the Committee on the Public Lands
and not the Committee on Irrigation and Reclamation. Volume VII,
section 1931.
Legislation providing for the application of mining laws to public
lands, the location of mineral claims on such lands, and the
exploration and acquisition of mines on land claims is considered by
the Committee on the Public Lands rather than the Committee on Mines
and Mining. Volume VII, section 1932.
A bill providing relief for loss of property resulting from flood due
to failure of an irrigation dam erected under authorization of
legislation reported by the Committee on Public Lands was transferred
from that committee to the Committee on Claims. Volume VII, section
2000.
PUBLIC LANDS--Continued.
(4) Committee on.--Jurisdiction of--Continued.
Private bills and joint resolutions, and amendments thereto, carrying
appropriations within the limits of the jurisdiction of the Committees
on Invalid Pensions, Pensions, Claims War Claims, Public Lands and
Accounts, do not fall within the rule forbidding consideration of items
proposing appropriations in connection with bills reported by
nonappropriating committees. Volume VII, section 2134.
A bill granting public lands for the establishment of a military park
and cemetery was referred to the Committee on Military Affairs. Volume
VII, section 1905.
Bills regulating the mining of radium ores, withdrawing public lands
containing such ores, and conserving the radium supply of the United
States, are within the jurisdiction of the Committee on Mines and
Mining. Volume VII, section 1958.
PUBLIC MONEYS.
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 examination of the accounts of the Departments, proper application
of public moneys, enforcement of payment of money due the Government,
and economy and retrenchment generally are within the jurisdiction of
the several committees on expenditures. Volume IV, section 4315.
The examination of the accounts of the departments, independent
establishments, and commissions of the Government, proper application
of public moneys, enforcement of payment of money due the Government,
and economy and retrenchment generally are within the jurisdiction of
the Committee on Expenditures in the Executive Departments. Volume VII,
section 2041.
The Committee on Banking and Currency has reported on the designation
of depositories of public moneys. Volume VII, section 1794.
PUBLIC OFFICE.
Discussion as to what constitutes ``public office.'' Volume VI, section
60.
PUBLIC OFFICERS.
The Committee on the Judiciary has reported bills prohibiting the
desecration of the national flag and dealing with refusal of public
officers to execute acts of Congress. Volume IV, section 4055.
PUBLIC ORDER.
Bills for preserving public order, etc., within the District at times
of inaugurations have been reported by the Committee on the District of
Columbia. Volume IV, section 4292.
PUBLIC PRINTER.
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.
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.
A Member, having inserted articles from a magazine under leave to
extend his own remarks, was given unanimous consent to expunge the
unauthorized matter on condition that it not be reprinted by the Public
Printer as frankable. Volume VIII, section 3475.
PUBLIC RESOLUTIONS.
The rule requiring reports to show proposed changes in existing law by
typographical device applies to bills amending statutory law only and
is not applicable to bills amending public resolutions. Volume VIII,
section 2239.
PUBLIC SCHOOLS.
Authorization of law for use of public-school buildings as social and
recreational centers does not warrant appropriations for such purposes.
Volume VII, section 1188.
PUBLIC SERVICE.
Bills relating to the efficiency and integrity of the public service
have been considered by the several committees on expenditures. Volume
IV, section 4320.
A proposition to regulate the public service by transferring funds and
activities from one department to another is not in order in an
appropriation bill. Volume VII, section 1469.
The thanks of Congress are bestowed in recognition of public services.
Volume VIII, section 3670.
PUBLIC WORK.
The preservation of public works for the benefit of navigation and the
use of water power on improved streams have been within the
jurisdiction of the Committee on Rivers and Harbors. Volume IV, section
4125.
A bill making supplemental appropriation for emergency construction on
public works is not a general appropriation bill. Volume VII, section
1122.
The recent tendency is to narrow the range of projects to which the
rule admitting appropriations in extension of public works is
applicable. Volume VII, section 1150.
An appropriation in violation of existing law is not in order for the
continuance of a public work. Volume VII, section 1332.
A limit of cost on a public work may not be made or changed in an
appropriation bill. Volume VII, section 1472.
PURCHASE. See also ``Appropriations.''
Purchase through the stationery room of articles other than stationery
and necessary office supplies is restricted by law. Volume VI, section
213.
A bill creating a commission to assist in the purchase, sale, and
distribution of newsprint paper was considered by the Committee on
Interstate and Foreign Commerce. Volume VII, section 1826.
The Committee on Agriculture has reported bills providing for the
purchase of land to be used for quarantine stations, experiment
stations, forest reserves, and watersheds. Volume VII, section 1864.
The Committee on Agriculture exercises jurisdiction over bills relating
to the purchase, protection, and reforestation of watersheds of
navigation streams and cooperation between the States or on the part of
the Federal Government with the States for such purposes. Volume VII,
section 1876.
PURVIANCE.
The North Carolina election case of a McFarland v. Purviance in the
Eighth Congress. Volume I, section 320.
PUTTING THE QUESTION. See ``Question.''