<DOC>
[Cannon's Precedents -- Volume XI]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:index-s.wais]
Index-Digest S
Page Page
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Sabath........................ 399 Seals................. 406
Sage.......................... 399 Seamen................ 406
Sailors....................... 400 Seat of government.... 406
St. Lawrence River............ 400 Seats................. 406
St. Martin.................... 400 Secession............. 407
Salaries...................... 400 Second................ 407
Sale.......................... 402 Second reading........ 408
Salmon fisheries.............. 402 Secondary evidence.... 408
Salts......................... 402 Secondary motions..... 408
Sanders....................... 402 Secrecy............... 408
Sanders, E., Chairman......... 402 Secretaries........... 410
Sanford, R.B., Chairman....... 403 Sections of a bill. 413
See also ``Amend-
Sanitary regulations.......... 403 ments''............. 413
Sanity........................ 403 Securities............ 414
Sapp.......................... 403 Sedgwick, T., Speaker. 414
Saturday...................... 403 Seditions............. 414
Saunders...................... 403 Seeds................. 414
Saunders, E.W., Chairman...... 403 Segar................. 415
Savings bank.................. 404 Select committees. See
``Committees.''
Sayler, M., Speaker pro 404 Selvig................ 415
tempore.
Schall........................ 404 Senate amendments. See
``Amend-
Schedule...................... 404 ments,''
``Amendments between
the
Schenck....................... 404 Houses,'' and
``Conferences''
Schools....................... 404 Senate bill. See
``Bills.''
Schumaker..................... 405 Senate Chamber........ 415
Scott, election cases of...... 405 Senate precedents. See
also ``Con-
Scott, F.D., Chairman......... 405 tempts,''
``Elections of
Senators,''
Scott, Nathan B............... 405 ``Expulsion,'' and 415
``Investigation''.
Scull......................... 405 Senate reports........ 442
Seal.......................... 405 Seniority............. 442
Page Page
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Sergeant...................... 443 Six days.............. 467
Sergeant-at-Arms.............. 443 Skinner............... 467
Service....................... 446 Slaves................ 467
Service of the House.......... 446 Sleeper............... 467
Sessinghaus................... 448 Slemons............... 467
Sessions...................... 449 Sloan................. 467
Settle........................ 455 Smalls................ 467
Seward, G.F................... 455 Smith, C.B., Chairman. 467
Seymour, O.S., Chairman....... 456 Smith, election cases 467
of.
Shafroth...................... 456 Smith, J.............. 456
Shanks........................ 456 Smith, J.L............ 468
Sharp......................... 456 Smith, S.C., Chairman. 468
Shaw.......................... 456 Smith, W.............. 468
Sheafe........................ 456 Smith, W.A., Chairman. 468
Sheldon....................... 456 Smithsonian 468
Institution.
Shelley....................... 456 Smoking............... 468
Sheridan...................... 456 Smoot................. 469
Sherley, S., Speaker pro 456 Smythe................ 469
tempore.
Sherman, C.T.................. 456 Snell, B.H., Chairman. 469
Sherman, J., President pro 456 Snyder................ 469
tempore.
Sherman, J.S., Vice President, Social precedence..... 469
Speaker
pro tempore, and Chairman... 456 Societies, 469
incorporation of.
Shiel......................... 457 Soldiers.............. 469
Shields....................... 457 Soldiers' Home........ 470
Shipbuilding.................. 457 Soldiers' roll........ 470
Ships......................... 457 South Carolina........ 470
Shipping...................... 457 Souvenir coins........ 471
Shively, B.F., Chairman....... 458 Spaulding............. 471
Shober........................ 459 Speaker............... 471
Shonk......................... 459 Speaker pro tempore... 509
Shooting grounds.............. 459 Speaker's Table....... 513
Shoup......................... 459 Spears................ 515
Shrubs........................ 459 Special orders........ 515
Sibley........................ 459 Specific 527
appropriations.
Sickles....................... 459 Speeches. See also
``Congressional Rec-
Siegel........................ 459 ord''............... 527
Signals....................... 459 Speer................. 527
Signing See also ``Bills''.... 459 Speight, J., Chairman. 527
Silver........................ 465 Spencer............... 527
Silver certificates........... 465 Spink.................
Similiter..................... 465 Springer, Wm. M.,
Speaker pro tem-
Simmons, R.G., Speaker pro 465 pore and Chairman 527
tempore.
Simonton...................... 465 Stabilizing currency.. 527
Simple conference............. 466 Staff, general........ 528
Simpson....................... 466 Stafford, Wm. H., 528
Speaker pro tempore.
Sims.......................... 466 Stallings............. 528
Sims, T.W., Chairman.......... 466 Stand aside........... 528
Sinclair...................... 466 Standard of value..... 528
Sine die...................... 466 Standardizing weights, 528
etc.
Sirovich...................... Standing committees.
See ``Commit-
Sitting Member. See tees.''
``Elections of Rep-
resentatives.'' Standing orders....... 528
Sitting of a committee........ 466 Stanton............... 529
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Stark......................... 529 Streams............... 536
State canvass. See Streetcars............ 537
``Elections.''
State constitution. See Streets............... 537
``Elections.''
State courts. See Strike out, motion to. 537
``Elections.''
State Department.............. 529 Strikes............... 540
State executive............... 529 Strobach.............. 540
State law as to elections. See Stuart, C. E., Speaker
``Elect- pro tempore and.
ions.'' Chairman............ 440
State officers. See Studios............... 540
``Elections.''
State of the Union............ 530 Subcomittees. See
``Committees.''
Statement..................... 530 Subject............... 540
States. See also Submarine base........ 540
``Apportionment'' and
``Electoral count'' 531 Subpoenas............. 540
Stationary.................... 522 Substitute amendments. 545
Statistics.................... 532 Succession to the 550
Presidency.
Statuary Hall................. 532 Suits................. 550
Statues....................... 533 Sullivan.............. 551
Statutes...................... 533 Sulzer................ 551
Steam vessels................. 533 Summons............... 551
Steck......................... 533 Sumner................ 551
Steele........................ 553 Sumners, H.W., 551
Chairman.
Steele, G. W., Chairman....... 533 Sunday................ 552
Steering committees........... 533 Sundry civil 552
appropriation bill.
Stenographers................. 534 Superintendent of the 553
Capitol.
Stephens...................... 534 Superintendents....... 553
Stephenson.................... 535 Supervising architect. 553
Sterling, J. A., Chairman..... 535 Supervisors........... 553
Stevens, F. C., Chairman...... 535 Supreme Court......... 553
Stevenson, A., Speaker........ 535 Sureties.............. 554
Stevenson, A. E., Vice- 535 Surplus agricultural 554
President. products.
Steward....................... 535 Surrejoinder.......... 554
Stewart....................... 535 Surveys............... 554
Stewart, J. B................. 536 Suspension............ 554
Stocks........................ 536 Suspension of the
rules, motion for.
Stockton...................... 536 See ``Rules.''
Stockyards.................... 536 Sutherland............ 555
Stokes........................ 536 Sutherland, J. B., 555
Chairman.
Stolbrand..................... 536 Swank, F. B., Chairman 555
Stone, Wm. J., Speaker pro 536 Swanson............... 555
tempore.
Stop-watch decisions.......... 536 Swayne................ 555
Storey........................ 536 Switzler.............. 555
Stovell....................... 536 Sykes................. 555
Strader....................... 536 Symes................. 555
Strait........................ 536 Sypher................ 555
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SABATH.
The Illinois election case of Michalek v. Sabath, in the Sixtieth
Congress. Volume VI, section 121.
The Illinois election case of Gartenstein v. Sabath in the Sixty-
seventh Congress. Volume VI, section 115.
SAGE.
The New York election case of Guyon, jr., v. Sage in the Sixteenth
Congress. Volume I, section 649.
SAILORS.
The right of soldiers, sailors, and marines to exercise the privilege
of suffrage is not abridged by Federal law. Volume I, section 300.
Legislation authorizing hospital facilities for soldiers, sailors, and
marines is within the jurisdiction of the Committee on World War
Veterans' Legislation. Volume VII, section 2079.
Legislation authorizing hospital facilities for soldiers, sailors, and
marines has been reported by the Committee on Public Buildings and
Grounds, although jurisdiction over that subject is now exercised by
the Committee on World War Veterans' Legislation. Volume VII, section
1969.
ST. LAWRENCE RIVER
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.
ST. MARTIN.
The Louisiana election case of Sypher v. St. Martin in the Forty-first
Congress. Volume I, sections 328-336.
SALARIES.
(1) Of Members and employees of the House.
(2) In relation to procedure of the House. See also ``Appropriations.''
(1) Of Members and Employees of the House.
Rate and method of payment of compensation and mileage of Speaker and
Members. Volume II, section 118. Volume VI, section 201.
The Sergeant-at-Arms disburses the pay and mileage of Members and
Delegates. Volume I, section 257.
Only one check monthly may be issued to Members in payment of salary,
such check to correspond with the legal rate of pay due for the current
month. Volume VI, section 203.
Payment of salaries of Members at any other rate than that fixed by law
is not authorized. Volume VI, section 203.
Certificates of salary and mileage of Members may be signed for the
Speaker by a designated employee. Volume II, section 1157.
Instance wherein deductions were made from the salaries of Members
because of absence (footnote). Volume IV, section 3011.
The House has by resolution revoked all leaves of absence and directed
the Sergeant-at-Arms to deduct from the salary of Members compensation
for days absent without leave. Volume VI, section 198.
Discussion of the status of a Member-elect in relation to the law
prohibiting the holding of two offices of certain salaries with the
conclusion that it is distinguished from the status of the Member who
has qualified. Volume I, section 184.
Since 1914 Members elected to fill vacancies occasioned by death of
predecessor are paid salary from date of election only. Volume VI,
section 202.
The provision of the act of July 16, 1914, relating to payment of
salary of Member of Congress for period elapsing between election and
death of predecessor, is permanent law. Volume VI, section 202.
A Member may remit back to the United States any portion of his salary,
and amounts so remitted are covered into the general funds of the
Treasury and are not subject to recovery. Volume VI, section 203.
It is the custom to grant to the widow or other dependent of deceased
Member one year's salary. Volume VI, section 204.
SALARIES--Continued.
(1) Of Members and Employees of the House--Continued.
The payment of a year's salary to widows of deceased Members is a
gratuity, and in event of the death of the beneficiary prior to payment
there is no authority to make payment to anyone else. Volume VI,
section 204.
Passage by the House of resolution authorizing payments of salaries of
Members accepting commissions in the Army. Volume VI, section 61.
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.
Reference to statutes fixing the pay of session clerks of committees
(footnote). Volume IV, section 4535.
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.
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.
One person may be designated as clerk to two Members if the aggregate
compensation is within the limitation prescribed by law. Volume VI,
section 210.
Compensation of clerks may be paid on the third of each month. Volume
VI, section 211.
While customary to grant the widow of an employee of the House an
amount equal to one-half of a year's salary, in exceptional instances
the House has authorized payment of the full amount of the annual
salary. Volume VIII, section 3600.
The House having passed a resolution from the Committee on Accounts
authorizing the employment of a person, a provision for the salary is
in order on an appropriation bill, but such provision shall conform
with the provisions of the resolution. Volume VII, section 1313.
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.
A resolution fixing salaries of House employees was held not privileged
when reported by the Committee on Accounts. Volume VIII, section 2302.
(2) In relation to Procedure of the House. See also ``Appropriations.''
A bill creating a new office requires consideration in Committee of the
Whole. Volume IV, section 4824.
Legislative propositions relating to the fees and salaries of officers
and employees of the Government have been considered by the various
committees on expenditures. Volume IV, section 4317.
The mere appropriation for a salary does not thereby create an office
so as to justify appropriations in succeeding years. Volume IV, section
3590.
Where the law fixes the amount of a salary a proposition to increase
the amount is not in order on an appropriation bill. Volume IV,
sections 3676-3679.
It is not in order to provide on an appropriation bill for payments to
employees of the House unless the House by prior action has authorized
the same. Volume IV, sections 3654, 3655.
A motion to strike from an appropriation bill a provision for a salary
authorized and fixed by law is not subject to the objection that it
proposes legislation. Volume IV, section 3699.
The appropriation of a less sum than the amount fixed by law for a
salary is not a change of law, even though a legislative provision in
another portion of the bill may give it the practical effect of a
reduction of the salary. Volume IV, sections 3681-3685.
SALARIES--Continued.
(2) In Relation to Procedure of the House.--Continued.
The provision of the current law of an appropriation does not fix a
salary as against a provision of general law. Volume IV, section 3686.
In the absence of a general law fixing a salary the amount appropriated
in the last appropriation bill has been held to be the legal salary,
although in violation of the general rule that the appropriation bill
makes law only for the year. Volume IV, sections 3687-3696.
While Congress may decline to appropriate for a salary fixed and
conditioned by law, yet it is not in order on an appropriation bill to
make the payment conditional on certain contingencies which would
change the lawful mode of payment. Volume IV, sections 3989-3992.
A specific appropriation for designated officials of an exposition at
stated salaries, there being no prior legislation establishing such
positions or salaries, was held out of order, although a general
appropriation for the exposition was authorized by law. Volume IV,
section 3878.
The law having established an office and fixed the salary, it is not in
order on an appropriation bill to provide for an unauthorized office
and salary in lieu of it. Volume IV, section 3680.
SALE.
The sale of fraudulent stocks and bonds and other ``blue sky''
securities is a subject considered by the Committee on the Judiciary.
Volume VII, section 1781.
Bills relating to the fraudulent or unethical sale of securities were
taken from the Committee on Interstate and Foreign Commerce and
referred to the Committee on the Judiciary. Volume VII, section 1782.
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.
Bills to prevent the adulteration, misbranding, manufacture, sale, or
transportation of foods, drugs, medicines, and liquors have
occasionally been reported by the Committee on Agriculture. Volume VII,
section 1874.
The sale of Government property, even where proceeds of such sale are
to be applied to maintenance of governmental activities, thereby
reducing approprations required for that purpose, was held not to
effect a retrenchment of expenditures. Volume VII, section 1497.
Bills providing for the appraisal, sale, lease, and conveyance of
public lands and for the disposition of such lands when abandoned are
within jurisdiction of the Committee on the Public Lands. Volume VII,
section 1930.
SALMON FISHERIES.
The Committee on Territories has exercised a general but not exclusive
jurisdiction as to game and fish in Alaska, including the salmon
fisheries. Volume IV, section 4211.
SALTS.
The Missouri election case of Salts v. Major in the Sixty-sixth
Congress. Volume VI, section 151.
SANDERS.
The Senate election case of Sanders, Power, Clark, and Maginnis, from
Montana, in the Fifty-first Congress. Volume I, section 358.
SANDERS, EVERETT, of Indiana, Chairman.
Decisions on questions of order relating to--
Amendment. Volume VIII, sections 2362, 2897.
Amendment, germaneness of. Volume VIII, sections 3048, 3050.
Amendent, substitute. Volume VIII, section 2903.
Appropriations. Volume VII, sections 1131, 1227, 1474, 1500, 1593,
1594, 1640, 1642, 1660, 1661, 1666, 1993.
SANDERS, EVERETT, of Indiana, Chairman--Continued.
Decsions on questions of order relating to--Continued.
Debate. Volume VIII, section 2560.
Holman Rule. Volume VII, section 1509.
Question of personal privilege. Volume VIII, section 2459.
Reading. Volume VIII, section 2912.
Recommit, motion to. Volume VIII, section 2327.
Voting. Volume VIII, section 3102.
SANFORD, ROLLIN B., of New York, Chairman.
Decisions on questions of order relating to--
Appropriations. Volume VII, sections 1272, 1369.
SANITARY REGULATIONS.
Subjects relating to the health of the District, sanitary and
quarantine regulations, etc. have been within the jurisdiction of the
Committee on the District of Columbia. Volume IV, section 4284. Volume
VII, section 2008.
SANITY.
The Senate investigated the sanity of a Senator-elect before allowing
him to take the oath. Volume I, section 441.
The court of impeachment declined to postpone judgment until Judge
Pickering could be brought personally before it for inspection as to
sanity. Volume VIII, section 2337.
SAPP.
The Iowa election case of Holmes, Wilson, Sapp, and Carpenter, in the
Forty-sixth Congress. Volume I, section 525.
SATURDAY.
The rule providing for consideration of the Private Calendar on
Saturday 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.
If three Members object the bill is entered on the deferred list from
which bills have first call in their order for consideration under the
5 minute rule on the last Saturdays of each month. Volume VII, section
846.
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.
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.
Form of special order providing for consideration of a bill with
reservation as to days set apart by the rules for classes of business.
Volume VII, section 808.
A Member may not yield time allotted under the rule providing for the
consideration of the Private Calendar. Volume VII, section 848.
SAUNDERS.
The Virginia election case of Parsons v. Saunders, in the Sixty-first
Congress. Volume VI, section 53.
SAUNDERS, EDWARD W., of Virginia, Chairman.
Decisions on questions of order relating to--
Amendment. Volume VI, section 254. Volume VIII, sections 2353, 2860.
Amendment, germaneness of. Volume VIII, section 2979.
Appropriations. Volume VII, sections 1139, 1150, 1208, 1273, 1276,
1323, 1333, 1395, 1397, 1401, 1426, 1427, 1432, 1492, 1532, 1533, 1540,
1557, 1558, 1560, 1568, 1597, 1612, 1675, 1678, 1679, 1712, 1713, 1714.
Committees, jurisdiction of. Volume VII section 2102.
SAUNDERS, EDWARD W., of Virginia, Chairman--Continued.
Decisions on questions of order relating to--Continued.
Debate. Volume VIII, sections 2455, 2512, 2591.
Holman rule. Volume VII, sections 1490, 1491, 1505, 1538, 1551, 1627.
Question of order. Volume VIII, section 3429, 3443.
Voting. Volume VIII, section 3168.
SAVINGS BANKS.
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.
SAYLER, MILTON, of Ohio, Speaker Pro Tempore.
Decisions on questions of order relating to--
Appeals. Volume IV, section 3036.
Call of the House. Volume IV, sections 3036, 3037. Volume V, section
5631.
Committee of the Whole. Volume IV, section 4810.
Congressional Record. Volume V, section 6976.
Jurisdiction of committees. Volume IV, section 4356.
Previous question. Volume V, section 5469.
Reading of papers. Volume V, section 5282.
Reconsider, motion to. Volume V, sections 5660, 5680.
Reports. Volume IV, section 4905.
Rules. Volume V, section 6776.
SCHALL.
The Senate election case of Johnson v. Schall, of Minnesota, in the
Sixty-ninth Congress. Volume VI, section 171.
SCHEDULE.
The House has sworn in on a prima facie showing Members-elect chosen at
an election the day, etc., of which was fixed by the schedule of a
constitution adopted on that election day. Volume I, section 520.
Discussion as to the retroactive effect of the schedule of a new State
constitution whereby a date for election of Congressmen was fixed.
Volume I, section 522.
SCHENCK.
The case relating to the alleged disqualification of Messrs. Blair and
Schenck in the Thirty-eighth Congress. Volume I, section 492.
SCHOOLS.
The Committee on Mines and Mining has reported bills for establishing
schools of mines and mining at experiment stations. Volume IV, section
4226.
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.
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.
In an inconclusive case the House reversed the decision of its
committee that residence while attending a school was not such
residence as entitled one to the suffrage. Volume I, section 54.
An appropriation for support and education of Indian pupils at
Government schools was held to be in order on an appropriation bill.
Volume VII, sections 1207, 1213.
An appropriation for care and operation for Government schools was held
in order as an appropriation for continuance of a public work in
progress. Volume VII, section 1349.
While appropriations for erection of new school buildings in the
District of Columbia are not in order on appropriation bills,
propositions for continuing the erection of additions to existing
school buildings are admitted as in continuation of public work in
progress. Volume VII, section 1358.
SCHOOLS--Continued.
An appropriation for supplying free schoolbooks for the use of pupils
in the District of Columbia was held not to be in continuation of a
work in progress. Volume VII, section 1377.
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.
While an appropriation for the purchase of a new site for a school
building in the District of Columbia is not in order on an
appropriation bill, a proposition for the purchase of land adjacent to
school property was admitted as in continuation of a public work in
progress. Volume VII, section 1363.
An appropriation for acquisition of ground adjacent to a school in the
District of Columbia was held to be in order as a continuation of a
public work. Volume VII, section 1361.
SCHUMAKER.
The case of King and Schumaker in the Forty-forth Congress. Volume II,
section 1283.
SCOTT, ELECTION CASES OF.
The election of Easton v. Scott, from the Territory of Missouri, in the
Fourteenth Congress. Volume I, sections 772, 773.
The Missouri election case of Lindsay v. Scott in the Thirty-eighth
Congress. Volume II, section 854.
The Iowa election case of Steele v. Scott in the Sixty-fifth Congress.
Volume VI, section 146.
SCOTT, FRANK D., of Michigan, Chairman.
Decisions on questions of order relating to--
Enacting clause, strike out. Volume VIII, section 2631.
SCOTT, NATHAN B.
A Senator who at the time of his election was actually residing in the
District of Columbia as an officeholder, but who voted in his old home
and had no intention of making the District his domicile, was held to
be qualified. Volume I, section 439.
SCULL.
The Pennsylvania election case of Greevy v. Scull in the Fifty-second
Congress. Volume II, section 1044.
SEAL.
The present seal of the House was provided in 1830. Volume VI, section
28.
The seal of the House is in control of the House rather than of the
Speaker. Volume I, section 256.
The custody and use of the seal is with the Clerk, under direction of
the House. Volume I, sections 254, 255.
The Clerk attests and affixes the seal of the House to all writs,
warrants, and subpoenas issued by order of the House. Volume I, section
251.
The statutes provide that the fact of a witness's contumacy shall be
certified by the Speaker, under seal of the House, to the district
attorney of the District of Columbia. Volume III, section 1769.
No law requiring the seal of the Territory to be affixed to the
credentials of the Delegate, the absence of the seal did not invalidate
the credentials. Volume I, section 619.
The House overruled the action of State officers who had rejected a
county return because of a writing on the seal of the clerk's
certificate. Volume I, section 537.
Records of returns, duly authenticated by seal, are received as
evidence in election cases after the time for taking testimony is
closed. Volume I, section 472.
A statement signed by the Secretary of the Treasury, but not under
seal, summarizing the contents of official documents, was objected to
as evidence in the Swayne trial. Volume III, section 2277.
In 1791 the House declined to admit as evidence in an election case
official State papers under seal. Volume I, section 709.
SEAL--Continued.
Testimony affecting a Senator, when taken by a House committee in open
session, need not be under seal when transmitted to the Senate. Volume
III, section 1851.
SEALS.
The enforcement of treaty regulations as to the protection of the fur
seals has been considered by the Committee on Foreign Affairs. Volume
IV, section 4170.
The Committee on Ways and Means has exercised jurisdiction as to the
seal herds and other revenue-producing animals of Alaska. Volume IV,
section 4025.
The Committee on Ways and Means no longer exercises jurisdiction as to
the seal herds and other revenue producing animals of Alaska. Volume
VII, section 1725.
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.
SEAMEN.
The shipping, wages, treatment, and protection of seamen are subjects
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4140.
Conditions relating to the health of seamen are within the jurisdiction
of the Committee on Merchant Marine and Fisheries. Volume IV, section
4141.
SEAT OF GOVERNMENT.
The District of Columbia is the seat of government (footnote). Volume
I, section 2.
SEATS.
(1) Drawing of.
(2) Contests, vacancies, etc.
(3) At the counting of the electoral vote.
(4) During an impeachment trial.
(1) Drawing of.
Form and history of the rule for the drawing of seats by Members (Rule
XXXII, secs. 1 and 2). Volume I, section 119.
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.
Election of Speaker and other officers, administration of the oath to
Members and officers, notification of the President and Senate, and
drawing of seats at the beginning of a Congress. Volume I, section 81.
At the time of the organization of the House the motion relating to the
drawing of seats is privileged. Volume I, section 120.
(2) Contests, Vacancies, etc.
The Speaker's seat being contested, he requested that the House relieve
him of the appointment of the Committee on Elections and the request
was granted. Volume II, section 1360.
A Member having informed the House of his acceptance of an incompatible
office, the House has assumed or declared the seat vacant. Volume I,
sections 501, 502.
A resolution declaring vacant the seat of a Member who has accepted an
incompatible office may be agreed to by a majority vote. Volume I,
section 504.
It was long the practice to notify the executive of the State when a
vacancy was caused by the death of a Member during a session. Volume
II, sections 1198-1202.
The practice of draping the seat of a deceased Member began as early as
1848. Volume V, section 7160.
The House having declared a seat vacant, directs the executive of the
State to be informed. Volume I, section 502.
SEATS--Continued.
(2) Contests, Vacancies, etc.--Continued.
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 resolution proposing the exclusion of a Delegate from his seat
presents a question of privilege. Volume III, section 2594.
(3) At the Counting of the Electoral Vote.
The statutes give directions for seating the officers and Members of
the two Houses at the counting of the electoral vote. Volume III,
section 1919.
The rule for the seating of officers and Members at a joint session of
the two Houses for counting the electoral vote. Volume III, section
1920.
(4) During an Impeachment Trial.
The Senators occupied their usual seats during the Johnson trial.
Volume III, section 2110.
SECESSION.
The House seated a loyal claimant voted for at an election called on
the legal day, but by the governor of a State in secession. Volume I,
section 365.
Instance of an election proven by testimony of participants, the
returning officers serving a secession government and making no return.
Volume I, section 365.
The House seated a claimant who had received a third of the votes of a
district, the remainder being cast for candidates for a secessionist
Congress. Volume I, section 365.
SECOND.
(1) Not required for ordinary motions.
(2) For the motion to suspend the rules.--General requirements. See
also ``Rules, Suspension of.''
(3) For the motion to suspend the rules.--Demanding of. See also
``Rules, Suspension of.''
(4) Of motion to adjourn during call of House.
(5) Of the old motion to discharge committees.
(1) Not Required for Ordinary Motions.
The rules of the House do not require that an ordinary motion be
seconded. Volume V, section 5304.
(2) For the Motion to Suspend the Rules.--General Requirements. See
also ``Rules, Suspension of.''
A motion to suspend the rules is not submitted to the House until
seconded by a majority on a vote by tellers. Volume V, section 6797.
Reference to a discussion of the nature of the demand for a second.
Volume V, section 6798.
The constitutional right to demand the yeas and nays does not exist as
to the vote to second the motion when such second is required by the
rules. Volume V, sections 6032-6036.
The vote whereby a second is ordered may be reconsidered. Volume V,
section 5642.
If a quorum be present it is not necessary that a quorum actually
participate in a vote by tellers on seconding a motion to suspend the
rules. Volume IV, section 2932.
On seconding by tellers a motion to suspend the rules a quorum failed,
whereupon the Speaker ordered the doors closed and the roll called.
Volume IV, sections 3053-3055.
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.
A Member may modify his motion to suspend the rules at any time before
the House has ordered a second. Volume V, section 6840.
A motion to suspend the rules may be withdrawn at any time before a
second is ordered. Volume V, section 6844.
A motion to suspend the rules on which a second fails to be ordered
does not come up as unfinished business on the next legislative day.
Volume V, section 6818.
SECOND--Continued.
(2) For the Motion to Suspend the Rules.--General Requirements--
Continued.
A motion to suspend the rules, made on one suspension day but not
seconded, comes up as unfinished business on the next suspension day.
Volume V, section 6817.
(3) For the Motion to Suspend the Rules.--Demanding of. See also
``Rules, Suspension of.''
When a motion to suspend the rules is entertained the Speaker is
accustomed to ask at once ``Is a second demanded?'' Volume V, section
6800.
On a motion to suspend the rules the right to demand a second is not
necessarily precluded by preliminary debate. Volume V, section 6800.
On a motion to suspend the rules a Member of the committee which
reported the bill is entitled to priority over other opponents of the
bill in demanding a second. Volume V, sections 6802-6804.
On a motion to suspend the rules the Member demanding a second divides
with the mover the forty minutes of debate. Volume V, sections 6823,
6824.
(4) Of Motion to Adjourn During Call of House.
During a call of the House a motion to adjourn is seconded by a
majority ascertained ``by actual count by the Speaker,'' and tellers
may not be demanded. Volume VI, section 705.
(5) Of the Old Motion to Discharge Committees.
On the failure of a quorum in a vote by tellers on seconding the old
motion to discharge a committee the Chair directed a call of the House
under the rule. Volume VI, section 707.
SECOND READING.
The second reading of a bill is in full; the third reading by title,
unless a Member demand reading in full. Volume IV, section 3391.
SECONDARY EVIDENCE.
The original primary returns being inaccessible because of the
contention of rival returning boards, the House gave credit to
secondary evidence as to what they showed. 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.
SECONDARY MOTIONS.
With some exceptions an amendment may attach itself to secondary and
privileged motions. Volume V, section 5754.
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.
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.
SECRECY.
(1) Of sessions of the House and Senate.
(2) Of portions of the Journal.
(3) Officers of the House sworn to.
(4) Of communications between the Houses.
(5) Of committee procedure.
(6) Of meetings of managers of conferences.
(7) Of an election of President of the United States by the House.
(1) Of Sessions of the House and Senate.
A rule not invoked for many years provides for secret sessions of the
House whenever the President may 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.
SECRECY--Continued.
(1) Of Sessions of the House and Senate.--Continued.
While a rule of the House provides for secret sessions, it is long
obsolete, and the convening of the House in secret session is a
procedure unprecedented for more than a century. Volume VI, section
434.
A motion to go into executive session is in order when any Member shall
inform the House that he has communications which he believes should be
considered in confidence, and takes precedence of a motion to resolve
into the Committee of the Whole for the consideration of an
appropriation bill. Volume VIII, section 3630.
When messages of a confidential nature were received from the President
or Senate the House went into secret session. Volume V, sections 7251,
7252.
As late as 1843 the President transmitted a message in part
confidential. Volume V, section 7255.
In 1853 the House declined to go into secret sessions. Volume V,
section 7253.
Each House has a right to hold secret sessions whenever in its judgment
the proceedings should require secrecy. Volume II, section 1640.
The House has declined to be bound to secrecy by act of the Senate.
Volume V, section 7249.
An illustration of legislation by the two Houses, each acting in secret
session. Volume V, section 7250.
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 II, section 1642.
The motion to remove the injunction of secrecy must be made with closed
doors. Volume V, section 7254.
Following revision of the rule relating to secrecy, the Senate practice
of considering executive business in closed session has been largely
discontinued. Volume VIII, section 3631.
(2) Of Portions of the Journal.
The Constitution requires the House to keep and publish a Journal,
excepting from publication such parts as require secrecy. Volume IV,
section 2726.
(3) Officers of the House Sworn to.
Origin of an obsolete requirement that the officers of the House shall
be sworn to keep its secrets. Volume I, section 187.
(4) Of Communications Between the Houses.
Instance wherein two Members of the House were directed to take a
confidential message to the Senate. Volume II, section 1538.
When legislation is enacted in secret session messages are delivered
confidentially by committees of Members. Volume V, section 7250.
The Senate having requested from the House the testimony taken by a
certain investigating committee, the House ordered it communicated in
secrecy, with the injunction that it be returned. Volume III, section
1855.
Testimony affecting a Senator, when taken by a House committee in open
session, need not be under seal when transmitted to the Senate. Volume
III, section 1851.
(5) Of Committee Procedure.
The proceedings of a committee, having no force until confirmed by the
House, are not to be published, according to the parliamentary law.
Volume IV, section 4557.
It is entirely within rule and usage for a committee to conduct its
proceedings in secret. Volume IV, sections 4558-4564.
The rules do not permit the House to abrogate the secrecy of a
committee's proceedings, but it was done under suspension of the rules.
Volume IV, section 4565.
The House authorized the clerk of a committee to disclose, by
deposition, the proceedings of the committee. Volume III, section 2604.
SECRECY--Continued.
(5) Of Committee Procedure--Continued.
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.
Instance wherein a committee, in its discretion, kept testimony secret.
Volume III, section 1694.
The committee appointed to investigate the Bank of the United States,
in 1834, held that its proceedings should be confidential, not to be
attended by any person not invited or required. Volume III, section
1732.
(6) Of Meetings of Managers of Conferences.
Conferences are generally held in the Senate portion of the Capitol,
and with closed doors, although in rare instances Members and others
have been admitted to make arguments (footnote). Volume V, section
6254.
(7) Of an Election of President of the United States by the House.
In the election of President by the House, in 1825, there was a strong
but not prevailing sentiment that the galleries should not be closed.
Volume III, section 1984.
SECRETARIES.
(1) Certain ones entitled to privilege of the floor.
(2) Of the Senate.--In general.
(3) Of the Senate.--Duties in an impeachment trial.
(4) Of the President's Cabinet.--General relations to the House.
(5) Of the President's Cabinet.--Inquiries of. See also ``Inquiry.''
(6) Of the President's Cabinet.--Investigations as to.
(7) Of the President's Cabinet.--Duties of the Secretary of State.
(8) Of the President's Cabinet.--Duties of the Secretary of the
Treasury.
(9) Of the President's Cabinet.--Directions to the Secretary of
Commerce and Labor.
(1) Certain Ones Entitled to Privilege of the Floor.
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.
(2) Of the Senate.--In General.
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.
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 Secretary of the Senate having omitted to sign certain engrossed
Senate bills before they were sent to the House he was admitted to
affix his signature. Volume IV, section 3427.
The Senate having failed to transmit a proper message, the Speaker
directed that the attention of the Secretary of the Senate be called to
the omission. Volume VIII, section 3344.
The Secretary of the Senate being subpoenaed to appear before a
committee of the House with certain papers from the files of 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.
SECRETARIES--Continued.
(3) Of the Senate.--Duties in an Impeachment Trial.
The Secretary of the Senate records proceedings in impeachments as he
records legislative proceedings. Volume III, section 2090.
At 12:30 p.m. of the day appointed for an impeachment trial the Senate
suspends ordinary business and the Secretary notifies the House of
Representatives that the Senate is ready to proceed. Volume III,
section 2070.
In impeachments the Presiding Officer of the Senate is empowered by
rule to make and issue, by himself or by the Secretary, authorized
orders, writs, precepts, and regulations. Volume III, section 2083.
The oath adminstered by the Secretary to the President and by him to
the Senators in the Pickering impeachment. Volume III, section 2325.
The Senate decided in the Blount impeachment that the Secretary should
administer the oath to the President and the President to the Senators.
Volume III, section 2303.
When informed that managers are to present articles of impeachment the
Senate, by rule, requires its Secretary to inform the House of its
readiness to receive the managers. Volume III, section 2078.
At 12:30 p.m. on the day of the return of the summons against a person
impeached the Senate suspends business and the Secretary administers an
oath to the returning officer. Volume III, section 2128.
The later pleadings in the Belknap trial were filed with the Secretary
of the Senate during a recess of the Senate sitting for the trial.
Volume III, section 2455.
In the Blount impeachment the Secretary was directed to serve the
summons sixty days before the return day. Volume III, section 2304.
In the Blount impeachment the replication was presented by the House
managers, but was read by the Secretary of the Senate. Volume III,
section 2311.
(4) Of the President's Cabinet.--General Relations 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.
Members of the President's Cabinet appear before committees of the
House and give testimony. Volume III, sections 1881-1883.
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.
(5) Of the President's Cabinet.--Inquiries of. See also ``Inquiry.''
It has been considered proper to use the work ``request'' in asking for
information from the President and ``direct'' in addressing the heads
of Departments. Volume III, section 1895.
The House having asserted its right to direct the heads of the
Executive Departments to furnish information, the Secretary of War
returned an answer to a portion of the inquiry, declining to respond to
the remainder. Volume III, section 1886.
The 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.
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 communication from the General of the Army, transmitted directly
instead of through the Secretary of War, was received and referred,
although occasioning some criticism. Volume V, section 6653.
SECRETARIES--Continued.
(6) Of the President's Cabinet.--Investigations as to.
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.
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.
(7) Of the President's Cabinet.--Duties of the Secretary of State.
An enrolled bill when signed by the President is deposited in the
Office of the Secretary of State. Volume VI, 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.
A bill passed notwithstanding the objections of the President is sent
by the President Officer in the House which last acts on it to the
Secretary of State for preservation. Volume IV, section 3524.
When a bill returned without the President's approval is passed by the
two Houses the Secretary of State receives the bill from the Presiding
Officer of the House in which it last was passed. Volume IV, section
3485.
Since the enactment of the statute the House takes no special action in
relation to transmitting to the Secretary of State bills passed over
the President's veto. Volume IV, sections 3528, 3529.
Before the enactment of the statute the House directed the Clerk to
take to the Secretary of State its bills passed over the President's
veto. Volume IV, sections 3525-3527.
Joint resolutions proposing amendments to the Constitution are, when
passed, filed with the Secretary of State by the Committee on Enrolled
Bills. Volume V, section 7041.
The executive of each State is charged with the duty of transmitting to
the Secretary of State of the United States a certificate of the
appointment of electors and the names and votes, and of delivering a
similar certificate to the electors. Volume III, section 1915.
The Secretary of State is required to transmit to Congress copies of
certificates received from the State executives relating to the
appointment of Presidential electors. Volume III, section 1915.
A certified copy of the judgment in an impeachment case is deposited
with the Secretary of State. Volume III, section 2098.
The original notice of ratification of a constitutional amendment by a
State is transmitted to the Secretary of State and a copy to the House,
where it is laid before the House by the Speaker and filed in its
archives. Volume VIII, section 3507.
(8) Of the President's Cabinet.--Duties of the Secretary of the
Treasury.
The Secretary of the Treasury alone of all the Cabinet transmits his
report directly to Congress (footnote). Volume V, section 6652.
Estimates of appropriations must be transmitted to Congress through the
Secretary of the Treasury (footnote). Volume IV, section 3575.
The annual estimates of the Secretary of the Treasury for the support
of the Government are printed in advance of the assembling of Congress.
Volume IV, sections 3574, 3575.
The Secretary of the Treasury may recommend legislation to Congress,
even when his views have not been requested by either House. Volume V,
section 6652.
(9) Of the President's Cabinet.--Directions to the Secretary of
Commerce and Labor.
A law confers on either House of Congress the power to direct by simple
resolution that the Secretary of Commerce and Labor make certain
investigations. Volume II, section 1594.
SECTIONS OF A BILL. See also ``Amendments.''
As to the division of bills into sections and the numbering thereof.
Volume IV, section 3367.
The amendment of the numbers of the sections of a bill is done by the
Clerk. Volume IV, section 3394. Volume V, section 5781.
After a vote to insert a new section in a bill it is too late to
perfect the section by amendment. Volume V, sections 5761, 5762. Volume
VIII, section 2857.
An amendment inserting an additional section should be germane to the
portion of the bill where it is offered. Volume V, section 5822. Volume
VIII, section 2930.
Under the later decisions the principle has been established that an
amendment should be germane to the particular paragraph or section to
which it is offered. Volume V, sections 5811-5820.
Appropriation and revenue bills are considered in Committee of the
Whole by paragraphs, other bills by sections. Volume IV, sections 4739,
4740.
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.
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.
A substitute for an entire bill should be offered after the reading of
the first section or at the conclusion of the reading of the bill, and
it is not in order after an intermediate section is read. Volume VIII,
section 2884.
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 2901.
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.
An exceptional instance wherein the House closed the five-minute debate
on a section of a bill in Committee of the Whole before all of the
section had been read for amendment. Volume V, section 5230.
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.
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.
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.
Bills are read for amendment in Committee of the Whole by sections or
paragraphs and amendments are not in order until the reading of the
section or paragraph has been completed. Volume VIII, section 2866.
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.
SECTIONS OF A BILL--Continued.
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.
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 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.
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.
Overruling the decision of the Chairman, the Committee of the Whole
decided that the river and harbor bill should be read by sections.
Volume VIII, section 2347.
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.
When a bill is considered ``in the House as in Committee of the While''
it is read the first time by title only and immediately thereafter by
sections for amendment under the five-minute rule. Volume VIII, section
2433.
Amendments in the form of new sections or paragraphs are not considered
until all amendments to the pending section or paragraph have been
disposed of. Volume VIII, section 2358.
When in considering a bill by paragraphs or sections the Committee of
the Whole has passed a particular paragraph or section it is not in
order to return thereto. Volume VIII, section 2354.
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.
SECURITIES.
The sale of fraudulent stocks and bonds and other ``blue sky''
securities is a subject considered by the Committee on the Judiciary.
Volume VII, section 1781.
Bills relating to the fraudulent or unethical sale of securities were
taken from the Committee on Interstate and Foreign Commerce and
referred to the Committee on the Judiciary. Volume VII, section 1782.
The administration of the War Finance Corporation, the provision of
credits for essential industries, and the supervision of the issuance
of related securities are subjects within the jurisdiction of the
Committee on Banking and Currency. Volume VII, section 1795.
SEDGWICK, THEODORE, of Massachusetts, Speaker.
Decisions on questions of order relating to--
Disorder in debate. Volume V, section 5196.
Disorder in galleries. Volume II, section 1605.
Question or order. Volume II, section 1358.
SEDITION.
Punishment of sedition, espionage, and seditious interference with
foreign relations and commerce are subjects within the jurisdiction of
the Committee on the Judiciary. Volume VII, section 1751.
SEEDS.
References to statutes regulating the distribution of seeds by Members
through the Agricultural Department. Volume V, section 7344.
SEEDS--Continued.
The adulteration of seeds, insect pests, protection of birds and
animals in forest reserves, grading of grain, etc., are subjects within
the jurisdiction of the Committee on Agriculture. Volume IV, section
4157.
Bills relating to the importation of narcotics, of adulterated or
misbranded seeds, and of women for immoral purposes have been reported,
but not exclusively, by the Committee on Interstate and Foreign
Commerce. Volume VII, section 1820.
The law establishing the Department of Agriculture was held to
authorize an appropriation for the purchase and distribution of free
seeds. Volume VII, section 1166.
A provision for the purchase and distribution of seeds was held to be
legislation and not in order on an appropriation bill. Volume VII,
section 1479.
An appropriation for distribution of seeds was held to be in order in
an appropriation bill. Volume VII, section 1165.
The law authorizing the Secretary of Agriculture to sell seed for cash,
a proposition authorizing him to sell for credit was held to be
legislation. Volume VII, section 1439.
SEGAR.
The Virginia election case of Joseph Segar in the Thirty-seventh
Congress. Volume I, sections 363, 364.
The Virginia election case of Chandler and Segar in the Thirty-eighth
Congress. Volume I, section 375.
The Virginia election case of Joseph Segar in the Forty-first Congress.
Volume I, section 318.
The Senate election cases of Segar and Underwood, from Virginia, in the
Thirty-eighth Congress. Volume I, section 384.
SELECT COMMITTEES. See ``Committees.''
SELVIG.
The Minnesota election case of Wefald v. Selvig in the Seventieth
Congress. Volume VI, section 178.
SENATE AMENDMENTS. See ``Amendments,'' ``Amendments Between the
Houses'' and ``Conferences.''
SENATE BILLS. See ``Bills.''
SENATE CHAMBER.
Ceremonies of removing from the old to the new halls of the House and
Senate. Volume V, section 7271.
SENATE PRECEDENTS. See also ``Contempts,'' ``Elections of Senators,''
``Expulsion'' and ``Investigations.''
(1) Senate.--Representation in, etc.
(2) Senate.--Questions of privilege in the House relating to.
(3) Senate.--Testimony in the House affecting Senators.
(4) Senate.--Testimony of Senators in House investigations.
(5) Senate.--Officers of, summoned to give evidence in the House.
(6) Senate.--Informed of the organization of the House.
(7) Senate.--General messages to and from.
(8) Senators.--Appointment of.
(9) Senators.--Incompatible offices.
(10) Senators.--Deaths of.
(11) Senators.--References to, in debate.
(12) Senators.--Testimony affecting.
(13) Senators.--Required as witnesses by the House.
(14) Senators.--Disorderly conduct of.
SENATE PRECEDENTS--Continued.
(15) Senators.--Laws regulating conduct of.
(16) Senators.--Charges against.
(17) Senators.--Investigations of the conduct of.
(18) Senators.--Expulsion and censure of. See also ``Expulsion.''
(19) Senators.--Not subject to impeachment.
(20) Senators.--Questions of privilege relating to.
(21) Senators.--In general.
(22) Organization.--The Presiding Officer.--In general.
(23) Organization.--The Presiding Officer.--By designation.
(24) Organization.--The Presiding Officer.--Discussions as to powers
of.
(25) Organization.--Other officers.
(26) Organization.--Proceedings in.
(27) Organization.--Prima facie title.--Function of credentials.
(28) Organization.--Prima facie title.--Form of credentials.
(29) Organization.--Prima facie title.--Irregular credentials.
(30) Organization.--Prima facie title.--Conflicting credentials.
(31) Organization.--Prima facie title.--No credentials.
(32) Organization.--Prima facie title.--Questions as to election or
appointment.
(33) Organization.--Prima facie title.--As affected by charges of
bribery.
(34) Organization.--Prima facie title.--As related to qualifications in
general.
(35) Organization.--Prima facie title.--As related to loyalty.
(36) Organization.--Prima facie title.--As related to admission of the
State.
(37) Organization.--Prima facie title.--GAs related to status of
legislature and State government.
(38) Organization.--Prima facie title.--As related to a condition of
civil war.
(39) Organization.--Prima facie title.--In general.
(40) Organization.--Terms of Senators.
(41) Sessions and recesses.
(42) Prerogatives and powers.--Senate a continuing body.
(43) Prerogatives and powers.--Investigations.--In general.
(44) Prerogatives and powers.--Investigations.--Arrest of witnesses,
etc.
(45) Prerogatives and powers.--Investigations.--Warrants and subpoenas.
(46) Prerogatives and powers.--Investigations.--As related to the other
House.
(47) Prerogatives and powers.--Contempts.--In general.
(48) Prerogatives and powers.--Contempts.--Involving a Member of the
Other House.
(49) Prerogatives and powers.--As to revenue and appropriate
legislation.
(50) Prerogatives and powers.--As to revenue treaties.
(51) Prerogatives and powers.--As to treaties and foreign relations.
(52) Prerogatives and powers.--As related to the Executive.--In
general.
(53) Prerogatives and powers.--As related to the Executive.--Inquiries.
(54) Prerogatives and powers.--In general.
(55) The Vice-President's vote.
(56) General procedure.--Adjournment.
(57) General procedure.--Amendments.
(58) General procedure.--Amendments between the Houses.
(59) General procedure.--Bills.
(60) General procedure.--Business.
(61) General procedure.--Conferences.--Occasions for.
(62) General procedure.--Conferences.--Asking of.
(63) General procedure.--Conferences.--Disregard of request for.
(64) General procedure.--Conferences.--Managers of.
(65) General procedure.--Conferences.--Reports not within the
disagreements.
(66) General procedure.--Conferences.--Recommittal of reports.
SENATE-PRECEDENTS--Continued.
(67) General procedure.--Conferences.--Reports, action on, etc.
(68) General procedure.--Congressional Record. See also ``Congressional
Record.''
(69) General procedure.--Committees.--In general.
(70) General procedure.--Committees.--Joint.
(71) General procedure.--Constitutional amendments.
(72) General procedure.--Debate.
(73) General procedure.--Decorum.
(74) General procedure.--Files and papers.
(75) General procedure.--Journal.
(76) General procedure.--Messages.
(77) General procedure.--Motions.
(78) General procedure.--Order.
(79) General procedure.--Petitions, etc.
(80) General procedure.--Quorum.
(81) General procedure.--Rules.
(82) General procedure.--Sessions.--Extraordinary.
(83) General procedure.--Sessions.--Secret.
(84) General procedure.--Voting.--In general.
(85) General procedure.--Voting.--Division of the question.
(86) General procedure.--Voting.--Disqualifying personal interest.
(87) General procedure.--In general.
(1) Senate.--Representation in, etc.
No amendment to the Constitution may deprive any State, without its
consent, of its equal suffrage in the Senate. Volume V, section 7025.
Reference to discussion of the permanent and temporary conditions of
Senate and House, respectively, as organized bodies (footnote). Volume
IV, section 4445.
The Secretary and Sergeant-at-Arms of the Senate, Superintendent of the
Capitol, the Librarian of Congress, and is assistant in the law library
have the privilege of the floor. Volume V, section 7283.
(2) Senate.--Questions of Privilege in the House Relating to.
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 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.
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 charge of general corruption in the Government made in the Senate
does not so reflect on the House as to raise a question of privilege.
Volume III, section 2658.
The House has investigated the constitutional right of a Senator to
perform services for the Executive. Volume I, section 495.
(3) Senate.--Testimony in the House Affecting Senators.
A committee of the House having reported that it had taken testimony
which inculpated a Senator the House directed that it be transmitted to
the Senate. Volume III, section 1830.
SENATE PRECEDENTS--Continued.
(3) Senate.--Testimony in the House Affecting Senators--Continued.
A committee of the House having taken testimony affecting a Senator, it
was ordered that a copy of it be sent to him. Volume III, section 1852.
(4) Senate.--Testimony of Senators in House Investigations.
Either House may request, by message, but not command, the attendance
of a Member of the other House. Volume III, section 1768.
An instance wherein a committee of the House took the testimony of a
Senator, although consent of the Senate had not been obtained
(footnote). Volume III, section 1795.
Where the House desires the testimony of Senators it is proper to ask
and obtain leave for them to attend. Volume III, sections 1790, 1791.
A committee of the House having summoned certain Senators by subpoena,
the summons was either disregarded or obeyed under protest. Volume III,
sections 1792, 1793.
(5) Senate.--Officers of, Summoned to Give Evidence in the House.
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 obeyed a subpoena duces tecum of a House
investigating committee. Volume III, section 1797.
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.
(6) Senate.--Informed of the Organization of the House.
The Senate and President are informed of the presence of a quorum and
the organization of the House. Volume I, sections 198-203.
In recent years all the officers have been elected before the President
and Senate have been informed of the organization. Volume I, sections
194-196.
In the earlier practice the messages announcing the organization were
sent immediately after the election of Speaker and did not refer to the
election of Clerk. Volume I, sections 198-203.
In 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.
A speaker pro tempore being elected, the Senate and President are
informed. Volume II, section 1401.
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 Speaker being elected to fill a vacancy caused by resignation, the
Senate, but not the President, was notified of the fact. Volume I,
section 231.
The Congress is not assembled until both House and Senate are in
session with a quorum present. Volume VI, section 5.
(7) Senate.--General Messages To and From.
Messages constitute the sole source of official information as to
action taken by the other House and may not be supplemented or
questioned. Volume VIII, section 3342.
The Senate having failed to transmit a proper message, the Speaker
directed that the attention of the Secretary of the Senate be called to
the omission. Volume VIII, section 3344.
Where a special order provided for the consideration of a bill from day
to day until disposed of it was held that conference reports and
messages from the Senate might intervene. Volume VII, section 789.
Whereas it was formerly the custom to transmit messages only when both
Houses were sitting, the present practice permits the reception of
messages regardless of whether the other House is in session. Volume
VIII, section 3338.
SENATE PRECEDENTS--Continued.
(7) Senate.--General Messages To and From--Continued.
The reception of a message from the President or the other house is not
the transaction of business and does not require the presence of a
quorum. Volume VIII, section 3339.
Messages between the Houses are received during debate, but are to be
sent only when both Houses are sitting. Volume V, section 6601.
Practices as to the reception in the House of messages from the Senate
as founded on former joint rules. Volume V, section 6592.
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.
Forms of messages in use by the Clerk of the House in transmitting
business from the House to the Senate. Volume V, section 6596.
Instance wherein two Members of the House were directed to take a
confidential message to the Senate. Volume II, section 1538.
The House directed the return of a Senate bill not attested by the
Secretary. Volume IV, section 3426.
Under the later practice, when a conference report is ruled out of
order, the Senate is informed by message that the report has been
rejected. Volume V, sections 6409-6413.
The Senate having requested the return of a bill which had been
enrolled, signed by the Speaker and transmitted to the Senate, a
resolution was passed directing that the Senate be informed thereof.
Volume IV, section 3480.
The House may dispose of a Senate proposition adversely by laying it on
the table. Volume V, section 5638.
(8) Senators.--Appointment of.
The question as to when the term of service of a Senator appointed by a
State executive to fill a vacancy ceases. Volume I, sections 787-790.
A Senator appointed by the State executive to fill a vacancy ceases to
serve after the final adjournment of the legislature which should elect
his successor. Volume V, section 6689.
Reference to cases in the Senate relating to the authority of State
executives to make appointments to fill vacancies in the United States
Senate (footnote). Volume I, section 790.
The sufficiency of authorization conferred by a State statute on the
State executive to appoint a United States Senator under the provisions
of the seventeenth amendment to the Constitution. Volume VI, section
173.
(9) Senators.--Incompatible Offices.
Summary of instances wherein Members of the House and Senate have been
appointed by the Executive to commissions (footnote). Volume I, section
493.
The House has investigated the constitutional right of a Senator to
perform services for the Executive. Volume I, section 495.
No Senator or Representative or person holding an office of trust or
profit under the United States may be appointed an elector. Volume III,
sections 1911, 1912.
Senators can not properly be said to hold their places ``under the
Government of the United States.'' Volume II, section 1282.
Senators.--Deaths of.
Forms of action on death of a Senator and Member-elect who had died in
the recess before the assembling of Congress. Volume V, section 7129.
Ceremonies at the state funeral of a deceased Senator. Volume V,
section 7155. Volume VIII, section 3570.
(11) Senators.--References to, in debate.
It has always been considered the particular duty of the Speaker to
prevent expressions offensive to the Senate or Senators. Volume V,
section 5130.
A Member may not in the course of debate read a paper criticising a
Member of the Senate. Volume V, section 5127.
SENATE PRECEDENTS--Continued.
(11) Senators.--References to, in Debate--Continued.
It is not in order in debate to refer to a Senator in terms of personal
criticism. Volume V, sections 5121, 5122.
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 5101-5105.
The resignation of a Senator for a public reason was debated in the
House without question. Volume V, section 5128.
The quotation of personal views of a Senator not uttered in the Senate
was held to be in order in the House. Volume V, section 5112.
Consideration in the Senate of the extent to which the other House or
its Members might be referred to in debate. Volume V, section 5122.
(12) Senators.--Testimony Affecting.
A committee of the House having reported that it had taken testimony
which inculpated a Senator, the House directed that it be transmitted
to the Senate. Volume III, section 1850.
An investigating committee of the House having taken testimony
affecting a Member of the Senate, the House transmitted the same to the
Senate. Volume II, section 1276.
Testimony affecting a Senator, when taken by a House committee in open
session, need not be under seal when transmitted to the Senate. Volume
III, section 1851.
A committee of the House having taken testimony affecting a Senator, it
was ordered that a copy of it be sent to him. Volume III, section 1852.
Testimony taken before a joint select committee tending to impeach the
official characters of a Senator and a Representative, the committee
ordered the testimony to be reported to each House. Volume III, section
1854.
(13) Senators.--Required as Witnesses by the House.
When the House desires the testimony of Senators it is proper to ask
and obtain leave for them to attend. Volume III, sections 1790, 1791.
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.
An instance wherein a committee of the House took the testimony of a
Senator, although consent of the Senate had not been obtained
(footnote). Volume III, section 1795.
A committee of the House having summoned certain Senators by subpoena,
the summons was either disregarded or obeyed under protest. Volume III,
sections 1792, 1793.
(14) Senators.--Disorderly Conduct of.
Reference to an affray between two Senators on the floor of the Senate
in 1850. Volume II, section 1664.
In early and infrequent instances of misunderstandings and disorder in
the Senate, no action was taken beyond investigation. Volume II,
sections 1663-1664.
(15) Senators.--Laws Regulating Conduct of.
Summary and discussion of laws regulating the conduct of
Representatives and Senators. Volume II, section 1282.
There is no necessary connection between the conviction of a Senator
under section 1782, Revised Statutes, and the right of the Senate to
punish one of its Members. Volume II, section 1282.
Convictions under sections 1781 and 1782 of the Revised Statutes, and
not merely accusation, is required to raise a question of qualification
against a Senator-elect. Volume II, section 955.
SENATE PRECEDENTS--Continued.
(15) Senators.--Laws Regulating Conduct of--Continued.
A decision by a court that the statute prohibiting a Senator from
receiving compensation for procuring an office for another does not
apply to a Senator-elect. Volume III, section 1839.
A final judgment of conviction under section 1782, Revision Statutes,
does not operate ipso facto to vacate the seat of a convicted Senator
or compel the Senate to expel him. Volume II, section 1282.
The Congress may by law impose certain restrictions on the conduct of
Senators and Representatives without conflicting with the fundamental
idea of the Constitution. Volume II, section 1282.
(16) Senators.--Charges Against.
The Senate ordered a Senator to attend in his place when a report
relating to charges against him was to be presented. Volume II,
sections 1263, 1264.
A Senator impeached by the House of Representatives was arrested by
order of the Senate and released only on surety. Volume II, section
1263.
The Speaker laid before the House a letter of explanation from a
Senator who was aggrieved by a reference to him personally in a House
report. Volume V, section 6654.
The President of the United States transmitted to the Senate a letter
impeaching the conduct of a Senator. Volume II, section 1263.
The written answer of a Senator to charges made against him was
returned by the Senate because it contained irrelevant matter. Volume
II, section 1264.
The Senate having allowed a Member to be heard by counsel exercised the
power of approving his selections. Volume II, section 1264.
A Senator being indicted for fraud made a personal explanation and
withdrew from the Senate pending the trial. Volume II, section 1278.
Discussion of the decision of the Senate in the matter of charges
against Humphrey Marshall, a Senator. Volume II, section 1264.
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.
Charges against Members of the House and Senate being unsubstantiated,
the resolution and report thereon were laid on the table. Volume VI,
section 394.
The investigation of charges against Burton K. Wheeler, a Senator from
Montana. Volume VI, section 399.
A Senator having been indicted by a grand jury, asked and obtained an
investigation by a committee of the Senate. Volume VI, section 399.
A Senator having been indicted in the United States district court, the
Senate, prior to the trial, investigated the charges and exonerated
him. Volume VI, section 399.
Form of resolution providing for investigation of charges against a
Senator. Volume VI, section 399.
(17) Senators.--Investigations of the conduct of.
Stanley Matthews, a Senator from Ohio, was sworn and examined before a
Senate committee appointed to investigate his conduct. Volume III,
section 1837.
An attempt of the House to investigate alleged corruption in connection
with the votes of Senators during the Johnson trial was the subject of
discussion and investigation in the Senate. Volume III, section 2064.
An inquiry as to the integrity of the 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.
The Senate did not pursue inquiry as to the charge that Senator John
Smith had sworn allegiance to a foreign power, the said oath having
been taken before his election as Senator. Volume II, section 1264.
SENATE PRECEDENTS--Continued.
(18) Senators.--Expulsion and Censure of. See also ``Expulsion.''
Argument that expulsion applies only to acts of a Senator or Member
done by him while in such office or in relation to his functions as
such officer. Volume I, section 481.
Impeachment proceedings against a Senator were continued after his
expulsion. Volume II, section 1263.
A discussion as to whether or not the principles of the procedure of
the courts should be followed in action for expulsion. Volume II,
section 1264.
A committee having recommended the expulsion of a Senator, the Senate
allowed him to be heard by counsel at the bar of the Senate before
action on the report. Volume II, section 1263.
The Senate allowed a Member threatened with expulsion to be heard by
counsel, but did not grant his request for a specific statement of
charges or compulsory process for witnesses. Volume II, section 1264.
The Senate, having allowed a Member to be heard by counsel, exercised
the power of approving his selections. Volume II, section 1264.
William Blount for a high misdemeanor inconsistent with his public
trust and duty was expelled from the Senate. Volume II, section 1263.
The Senate failed by 1 vote to expel John Smith, charged with
participation in a treasonable conspiracy. Volume II, section 1264.
A Senator having used words which might incite treason, a resolution of
expulsion was proposed but withdrawn upon explanation. Volume II,
section 1272.
Discussion of reason for requiring two-thirds vote rather than majority
vote for expulsion from the Senate. Volume VI, section 106.
Various instances of expulsion of Senators. Volume II. sections 1263,
1266-1270.
A proposition for the censure of a Senator was entertained as
privileged. Volume VI, section 239.
A Senator against whom a resolution of censure was pending addressed
the Senate without permission being asked or given. Volume VI, section
239.
A Senator who had employed an official of a manufacturing association
as a clerk in the formulation of a tariff bill was censured by the
Senate. Volume VI, section 239.
(19) Senators.--Not Subject to Impeachment.
The impeachment of William Blount, a United States Senator, in 1797.
Volume III, sections 2294-2318.
William Blount pleaded that he was not at the time of pleading a
Senator and that a Senator was not impeachable as a civil officer.
Volume III, sections 2310.
Articles of impeachment being presented against a Senator he was
sequestered from his seat and was ordered to and did recognize for his
appearance. Volume III, sections 2118.
Elaborate argument of the question whether or not a Senator is a civil
officer within the meaning of the impeachment clause of the
Constitution. Volume III, section 2316.
The Senate decided that it had no jurisdiction to try an impeachment
against William Blount a Senator. Volume III, section 2318.
(20) Senators.--Questions of Privilege Relating to.
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.
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.
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.
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.
SENATE PRECEDENTS--Continued.
(20) Senators.--Questions of Privilege Relating to--Continued.
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.
(21) Senators.--In General.
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.
The certificates of electoral votes are presented to the joint meeting
in alphabetical order of States, and on being read are subject to
objection in writing signed by at least one Member and one Senator.
Volume III, section 1918.
A Senator, member of a joint commission created by law and appointed by
the Presiding Officers of the two Houses, respectively, tendered his
resignation in the Senate. Volume IV, section 4446.
Bills providing clerks for Members and Senators were reported by the
Committee on Accounts. Volume IV, section 4334.
Official precedence of Senators and other officials of the Government.
Volume VIII, section 3675.
Rank and prerogatives of Senators and Representatives when moving with
the Army. Volume VIII, section 3674.
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.
All criminal offenses are comprehended by the terms ``treason, felony,
and breach of the peace,'' as used in the Constitution, expecting these
cases from the operation of the privilege from arrest therein conferred
upon Senators and Representatives during their attendance at the
sessions of their respective Houses, and in going to and returning from
the same. Volume VI, section 589.
Application of the statute prohibiting Members of Congress from serving
in causes to which the United States is party. Volume VI, section 399.
A committee of investigation expressed the opinion that the appearance
as lobbyists of former Senators and former Members of the House should
be discouraged. Volume VI, section 372.
A decision by a court that the statute prohibiting a Senator from
receiving compensation for procuring an office for another does not
apply to a Senator-elect. Volume III, section 1839.
(22) Organization.--The Presiding Officer.--In General.
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 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 II, section 118.
Nature of the office of President pro tempore of the Senate and its
relation to the Vice-President. Volume II, section 1417.
The Senate declined to investigate charges against the Vice-President,
it being urged that he was subject to impeachment proceedings only.
Volume II, section 1242.
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.
SENATE PRECEDENTS--Continued.
(22) Organization.--The Presiding Officer.--In General--Continued.
The instance wherein the Senate elected a number of Presidents pro
tempore to serve seriatim for stated terms. Volume VI, section 282.
(23) Organization.--The Presiding Officer.--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.
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.
The Senate by rule empowers a Presiding Officer by designation to sign
enrolled bills. Volume II, section 1403.
The Senate by resolution empowered its Acting President pro tempore to
sign enrolled bills. Volume II, section 1402.
In the Senate a temporary President pro tempore sometimes designates
another. Volume II, section 1385.
The Vice President was authorized to name a Senator to preside in the
absence of the President pro tempore. Volume VI, section 522.
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.
(24) Organization.--The Presiding Officer.--Discussions as to Powers
of.
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.
References to discussions of the power of the Vice-President to call to
order (footnote). Volume II, section 1345.
Discussion and ruling in the senate as to decisions of questions of
order by the Presiding Officer. Volume II, section 1340.
The President pro tempore of the Senate declined to take the
responsibility of directing the Secretary to omit from the call of the
yeas and nays the names of two Senators who had been declared in
contempt. Volume II, section 1665.
(25) Organization.--Other Officers.
The election of an officer of the Senate may be by ballot, by roll
call, or by resolution. Volume VI, section 282.
A majority vote is required for the election of officers of both House
of Congress. Volume VI, section 23.
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.
An officer of the Senate being charged with authorship of a magazine
article prejudicial to the reputations of Members of Congress, was
suspended pending an investigation. Volume VI, section 37.
In response to charges made in open session, an officer of the Senate
appeared voluntarily at the bar and being arraigned declined counsel.
Volume VI, section 37.
In arraigning one of its officers the Senate declined to require that
questions be reduced to writing, and elected to interrogate him orally.
Volume VI, section 37.
Instance wherein the Senate by resolution removed its Sergeant at Arms.
Volume VI, section 37.
The Senate having dismissed its Sergeant at Arms for cause, declined to
take further punitive action. Volume VI, section 37.
On the removal of the Sergeant at Arms, the Deputy Sergeant at Arms
succeeded to the duties of the office as Assistant Sergeant at Arms,
without action by the Senate. Volume VI, section 37.
Form of announcement to the Senate of the death of its Chief Clerk.
Volume V, section 7175.
SENATE PRECEDENTS--Continued.
Organization.--Proceedings in.
Senators and Representatives are bound by oath or affirmation to
support the Constitution. Volume I, section 127.
The Presiding Officer of the Senate being present, the oath of office
was administered to Senators-elect, although no quorum was present.
Volume I, sections 181, 182.
Before an organization of the House has been effected the Senate has
not usually proceeded to general legislation. Volume I, sections 122-
125.
A candidate for the office of Secretary of the Senate was allowed to
address the Senate in explanation of certain charges. Volume I, section
296.
(27) Organization.--Prima Facie Title.--Function of Credentials.
Discussion of the elements of a prima facie case as made out by the
credentials of a Member-elect. Volume I, section 352.
A Senate committee's discussion of the functions of credentials in the
organization of a legislature. Volume I, section 631.
A State executive having issued credentials in due form on the
assumption that a Senator had vacated his seat by accepting an army
office, the credentials were referred and the bearer was not seated.
Volume I, section 491.
The Senate does not consider questions arising on the credentials until
the beginning of the term to which they refer (footnote). Volume I,
section 652.
There being a question as to a vacancy to be filled, the Senate
examined the case before administering the oath to a bearer of regular
credentials. Volume I, section 573.
(28) Organization.--Prima Facie Title.--Form of Credentials.
Federal law directs the issuance and prescribes the form of credentials
of Senators-elect. Volume I, section 127.
Discussion as to the required form for Senate credentials under the
law. Volume I, section 352.
A question in the Senate as to whether or not credentials should set
forth at length the proceedings of the electing legislature. Volume I,
section 573.
Credentials signed by a governor certifying to his own election as
Senator were received by the Senate without question. Volume I, section
573.
(29) Organization.--Prima Facie Title.--Irregular Credentials.
Instance wherein the Senate gave immediate prima facie effect to
informal credentials although other claimants presented credentials
technically conforming to law. Volume I, section 389.
A Senator-elect was permitted to take the oath although his credentials
were irregular in minor particulars. Volume I, section 595.
A Senator-elect, whose credentials were not in regular form, was
seated, the irregular portions being considered as surplusage. Volume
I, section 594.
In reconstruction days the Senate deemed valid credentials signed by a
provisional military governor. Volume I, section 430.
Credentials unusual in form and signed by the Member-elect himself as
``brevet major-general'' and ``provisional governor'' of Mississippi
were honored by the Senate. Volume I, section 438.
(30) Organization.--Prima Facie Title.--Conflicting Credentials.
Confliciting credentials, each regular in form, being presented in the
Senate at different times, those first issued and first presented were
honored after the circumstances had been examined. Volume I, section
627.
Conflicting credentials being presented and a question of law
appearing, the Senate swore in neither contestant until after
examination by a committee. Volume I, section 395.
SENATE PRECEDENTS--Continued.
(30) Organization.--Prima Facie Title.--Conflicting Credentials--
Continued.
There being conflicting credentials arising from a question as to the
legality of election and an allegation of disqualification, the Senate
determined final right before either claimant was seated. Volume I,
section 632.
Before its committee had reported on conflicting credentials the Senate
took one set of credentials from the committee and seated a claimant
whose prima facie and final right and personal conduct were assailed.
Volume I, section 628.
The Senate gave immediate prima facie effect to credentials regular in
form, although a contestant presented irregular credentials. Volume I,
section 633.
(31) Organization.--Prima Facie Title.--No Credentials.
In a case wherein a governor declined to sign the credentials of a
Senator-elect the Senate admitted the claimant after examination of
final right. Volume I, section 353.
(32) Organization.--Prima Facie Title.--Questions as to Election or
Appointment.
The Senate decided that a person presenting credentials in due form
should be sworn in, although a question had been raised as to his
election. Volume I, section 545.
The Senate gave immediate prima facie effect to regular credentials,
although a memorial impeached the regularity and legality of the
election. Volume I, section 551.
In the Senate, in 1857, credentials regular in form were honored,
although a memorial from the State legislature impeached the election
of the bearer. Volume I, section 543.
In the Senate, when credentials have on their face raised a question as
to the constitutionality of the appointment, the bearer has not been
seated on prima facie showing. Volume I, section 611.
(33) Organization.--Prima Facie Title.--As Affected by Charges of
Bribery.
A Senator-elect took the oath on his prima facie right without
challenge, although charges of bribery in his election were presented
immediately thereafter. Volume I, section 692.
The Senate seated a Senator-elect on prima facie showing of his
election by a legislature, although his election for a prior term had
been found by a committee invalid because of bribery. Volume I, section
695.
A Senator having resigned apparently to escape being unseated for
bribery was not readmitted on credentials showing appointment by an
acting governor. Volume I, section 694.
(34) Organization.--Prima Facie Title.--As Related to Qualifications in
General.
Although it was understood that objection was made to a Senator-elect
on the question of qualification, yet the oath was administered on his
prima facie showing. Volume I, section 481.
Charges that a Senator-elect was disqualified did not avail to prevent
his being sworn in by virtue of his prima facie right. Volume I,
section 429.
In the Senate, in 1856, a Senator-elect was sworn on his prima facie
right. Although his qualifications were questioned. Volume I, section
416.
Contention that a Senator may be excluded for disqualification by
majority vote, even though he may have been sworn in. Volume I, section
481.
A Senator was unseated for disqualification after he had been seated on
his prima facie right. Volume I, section 429.
The Senate by majority vote unseated Albert Gallatin for
disqualification after he had taken the oath. Volume I, section 428.
In 1856 the Senate considered and decided a question as to the
qualifications of a Member who had already been seated on his prima
facie showing. Volume I, section 416.
(35) Organization.--Prima Facie Title.--As Related to Loyalty.
In 1867 the Senate, upon the statement by a Member that there were
rumors affecting the loyalty of a Member-elect, referred the
credentials before permitting the oath to be taken. Volume I, sections
457, 458.
SENATE PRECEDENTS--Continued.
(35) Organization.--Prima Facie Title.--As Related to Loyalty--
Continued.
In 1866 a Senator having stated in his place that the loyalty of a
Senator-elect was doubtful, the credentials were referred to a
committee before the oath was taken. Volume I, section 453.
A Senator-elect whose loyalty satisfactorily withstood inquiry, but who
seemed unable truthfully to take the oath of July 2, 1862, was finally
permitted to take the oath. Volume I, section 453.
The credentials of a Senator-elect being regular and unimpeached and
the election having been by the one legally organized legislature, the
Senate seated the bearer at once, although charges were filed aganst
him personally. Volume I, section 552.
The Senate declined to give immediate prima facie effect to regular
credentials, impeached by a memorial alleging irregularities in
constitution of the State legislature and suggesting personal
disqualification of the bearer. Volume I, section 393.
(36) Organization.--Prima Facie Title.--As Related to Admission of the
State.
The Senate declined to admit the persons bearing credentials as
Senators-elect from Tennessee until that State had been admitted to the
Union. Volume I, section 398.
The Senate declined to admit a Senator-elect from Minnesota until a
formal act of admission had been passed by Congress. Volume I, section
399.
(37) GOrganization.--Prima Facie Title.--As Related to Status of
Legislature and State Government.
Discussion in the Senate as to whether or not the competency of the
electing body is a question of determining importance in considering
the prima facie effect of credentials. Volume I, section 348.
The question of the competency of the electing legislature as an
inherent part of a prima facie showing discussed by the Senate. Volume
I, section 342.
The Senate gave immediate prima facie effect to credentials regular in
form, but impeached by a memorial and historical facts relating to
rival legislatures. Volume I, section 342.
There being rival claimants bearing credentials from rival executives
and chosen by rival legislatures, the Senate did not give prima facie
effect to either credentials. Volume I, section 345.
There being conflicting credentials resulting from elections by rival
legislative bodies, the Senate declined to give prima facie effect to
the papers and examined the final right. Volume I, section 358.
The Senate gave immediate prima facie effect to perfect credentials
certifying election by a legally organized legislature, although it was
objected that popular will had been subverted in electing the
legislators. Volume I, section 359.
The Senate failed to follow its committee in giving prima facie effect
to regular credentials impeached by allegations that the legislature
had been elected in violation of the provisions of Federal law. Volume
I, section 394.
The Senate declined to give immediate prima facie effect to credentials
regular in form, but from a State where there were rival claimants to
the governorship and rival legislatures. Volume I, section 354.
The Senate declined to seat the bearer of credentials signed by a
person exercising the authority of governor, it being objected that the
signer was an usurper and that there was not election by a valid
legislature. Volume I, section 352.
A person ascertained by a majority of the committee to be legally
elected and certified was seated by the Senate, although both executive
and legislature were displaced by force before the Senate acted. Volume
I, section 356.
There being two conflicting credentials, the Senate declined to give
immediate prima facie effect to either, although the electing and
certifying government behind one had been swept away by force. Volume
I, section 355.
SENATE PRECEDENTS--Continued.
(37) GOrganization.--Prima Facie Title.--As Related to Status of
Legislature and State Government--Continued.
There being conflicting credentials from rival claimants to the office
of governor, the Senate referred the papers before considering the
question of swearing in either claimant to the seat. Volume I, section
347.
Discussion of the status of a governor de facto as distinguished from
an usurper. Volume I, section 350.
(38) Organization.--Prima Facie Title.--As Related to a Condition of
Civil War.
The Senate declined to give prima facie effect to credentials regular
in form but from a State known to be kept from the duress of an armed
foe only by a partial military protection. Volume I, section 382.
Instance wherein the Senate gave immediate prima facie effect to
credentials from a de facto government in a State disturbed by civil
war. Volume I, section 383.
From a State distracted by civil war the Senate admitted Senators
chosen by a legislature representing no more than a third or fourth of
the people. Volume I, section 383.
The Senate declined to admit persons elected under the auspices of a
State government representing a portion only of the people in a State
menaced by hostile armies. Volume I, section 382.
The Senate declined to admit to a seat a person bearing uncontested
credentials of election by a legislature representing a small fraction
of the people in a seceding State. Volume I, section 384.
A State having been in secession, the Senate admitted as Senator the
person chosen after the State had conformed to conditions prescribed by
law and refused to admit one chosen prior to such conformity. Volume I,
section 389.
Instance wherein immediate prima facie effect was given to credentials
of a Senator-elect from a reconstructed State. Volume I, section 390.
(39) Organization.--Prima Facie Title.--In General.
Instance wherein a Senator participated in debate on credentials of a
claimant for his seat. Volume I, section 491.
In 1862 a Senator who challenged the right of a Senator-elect to be
sworn substantiated his objection with ex parte affidavits. Volume I,
section 443.
The Senate tabled a motion to receive a telegram relating to
credentials of a claimant to a seat. Volume I, section 347.
(40) Organization.--Terms of Senators.
The question as to when the term of service of a Senator appointed by a
State executive to fill a vacancy ceases. Volume I, sections 787-790.
A Senator appointed by the State executive to fill a vacancy ceases to
serve after the final adjournment of the legislature which should elect
his successor. Volume V, section 6689.
Discussion as to the term of service of a Senator appointed by a State
executive to fill a vacancy. Volume VI, section 156.
Ruling by the Vice President on tenure of office of Senators holding
temporary appointment in the Senate. Volume VI, section 145.
(41) Sessions and Recesses.
The legislative day of March 3 of the final session of a Congress is
held to terminate at 12 m. on March 4 unless a motion is made and
carried for an adjournment previous to that hour. Volume V, section
6696.
Discussion in Senate of property of transacting legislative business at
a called session, the House not being in session. Volume I, section 88.
A recess of Congress is a real, not imaginary, time when it is not
sitting in regular or extraordinary session. Volume V, section 6687.
SENATE PRECEDENTS--Continued.
(41) Sessions and Recesses--Continued.
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.
The first instance in which one House adjourned for more than three
days with the consent of the other. Volume VIII, section 3363.
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.
(42) Prerogatives and Powers.--Senate a Continuing Body.
Reference to discussion of the permanent and temporary conditions of
Senate and House, respectively, as organized bodies (footnote). Volume
IV, section 4445.
The Senate as a continuing body may continue its committees through the
recess following the expiration of a Congress. Volume VI, section 343.
(43) Prerogatives and Powers.--Investigations.--In General.
Discussion of the extent of the Senate's power of investigation. Volume
III, section 1722.
Instance wherein the Senate proceeded to an investigation of charges
made in general terms against its membership by newspapers. Volume II,
section 1612.
It is not essential that a resolution authorizing an investigation of
the conduct of Senators shall specify censure or expulsion in order
that the Senate may constitutionally compel testimony. Volume II,
section 1614.
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.
The right to coerce the attendance of witnesses in an inquiry for
legislative purposes was discussed in the Hyatt case. Volume III,
section 1722.
The Senate has authorized the compulsory attendance of witnesses in
legislative inquiries, Volume III, sections 1814, 1815.
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.
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.
In 1861 the two Houses, by concurrent action, assumed without question
the right to investigate the conduct of the war. Volume III, section
1728.
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.
In 1860 the Senate looked to House precedents in dealing with a witness
in contempt. Volume III, section 1724.
Discussion as to the rules which should govern the admission of
evidence before a legislative committee of investigation. Volume III,
section 1838.
A question as to how far a legislative investigating committee should
be governed by the rules of evidence. Volume III, section 1839.
In a resolution ordering an inquiry it is not necessary for the House
or Senate to specify its legislative purposes; for inasmuch as this is
the only legitimate purpose under which such investigations may be
conducted, in the absence of evidence to the contrary, such purpose is
presumed. Volume VI, section 342.
SENATE PRECEDENTS--Continued.
(44) Prerogatives and Powers.--Investigations.--Arrest of Witnesses,
etc.
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.
The power of the Senate to require testimony of witnesses is in no wise
inferior to that exercised by a court of justice and includes under
comparable circumstances the power to compel attendance. Volume VI,
section 348.
It is assumed that the Senate will deal with a witness in accordance
with recognized rules and discharge him from custody upon proper
assurance that he will appear to testify when required. Volume V1,
section 349.
The same presumption of regularity attaches to action by the Senate in
directing the arrest of a recusant witness that applies to the
proceedings of the courts. Volume VI, section 349.
Various instances of arrest for contempt of the Senate. Volume III,
sections 1703-1706.
In 1860 the Senate imprisoned Thaddeus Hyatt in the common jail for
contempt in refusing to appear as a witness. Volume III, section 1722.
In 1880 three recusant witnesses were arraigned at the bar of the
Senate, and having purged themselves of contempt, were discharged.
Volume III, section 1702.
Persons in contempt for declining to testify or obey a subpoena have
frequently given their testimony and been discharged without
arraignment before the House. Volume III, section 1681.
The Senate case of Elverton R. Chapman, a contumacious witness, in
1894. Volume II, sections 1612-1614.
In 1894 the certification of alleged cases of contempt before a Senate
committee was made without action of the Senate declaring the witnesses
in contempt. Volume II, section 1612.
In 1894 Elverton R. Chapman was convicted by the court and committed
for contempt of the United States in declining, as a witness, to answer
a pertinent question. Volume II, section 1614.
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.
In 1894 the power of punishing for contempt was fully discussed in the
District court of appeals. Volume II, section 1613.
(45) Prerogatives and Powers.--Investigations.--Warrants and Subpoenas.
Form of subpoena and return thereon used for summoning witnesses by a
Senate committee. Volume III, section 1702.
Should the Sergeant-at-Arms make the return on a subpoena served by his
duty? Volume III, section 1702.
By concurrent resolution the two Houses empowered the Vice-President
and Speaker to sign subpoenas during a recess of Congress. Volume III,
section 1763.
Instance of the authorization of a subpoena by telegraph. Volume III,
section 1810.
A discussion distinguishing between the serving of a warrant by deputy
and the serving of a subpoena in the same way. Volume III, section
1702.
In 1860 the Massachusetts court decided that a warrant directed only to
the Sergeant-at-Arms of the United States Senate might not be served by
deputy in that State. Volume III, section 1718.
Form of warrant and return used by the Senate in compelling the
attendance of witnesses. Volume III, section 1702.
Form of subpoena duces tecum issued by order of the Senate. Volume VI,
section 336.
Deputies with authority to execute warrants may be appointed by the
Sergeant-at-Arms under a standing order of the Senate. Volume VI,
section 341.
SENATE PRECEDENTS--Continued.
(45) Prerogatives and Powers.--Investigations.--Warrants and
Subpoenas--Continued.
Decision of the Supreme Court on the right of the Senate to subpoena
witness and compel testimony. Volume VI, section 346.
A person summoned as a witness before a select committee of the Senate
declined to testify on the ground that the authorization under which
the examining committee purported to act had expired. Volume VI,
section 386.
(46) Prerogative and Powers.--Investigations.--As Related to the Other
House.
Where the House desires the testimony of Senators it is proper to ask
and obtain leave for them to attend. Volume III, sections 1790, 1791.
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.
A committee of the House having summoned certain Senators by subpoena,
the summons was either disregarded or obeyed under protest. Volume III,
sections 1792, 1793.
An attempt of the House to investigate alleged corruption in connection
with the votes of Senators during the Johnson trial was the subject of
discusssion and investigation in the Senate. Volume III, section 2064.
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 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.
(47) Prerogatives and Powers.--Contempts.--In General.
The Senate has power, when acting in a case within its jurisdiction, to
punish all contempts of its authority. Volume II, section 1640.
Each House possesses the inherent power of self protection. Volume II,
section 1614.
The Senate committed John Nugent for contempt in publishing a treaty
pending in executive session. Volume II, section 1640.
In the Nugent case, in 1848, the court held that the Senate and House
were the sole judges of their own contempts. Volume II, section 1640.
William Duane, for a publication tending to defame the Senate, was
found guilty of contempt and imprisoned by order of that body. Volume
II, section 1604.
Form of warrant signed by the President of the Senate for taking
William Duane into custody. Volume II, section 1604.
Form of proceedings at the trial of William Duane at the bar of the
Senate. Volume II, section 1604.
William Duane, on trial at the bar of the Senate for contempt, was
allowed counsel under certain conditions. Volume II, section 1604.
A person on trial at the bar of the Senate was to be present at the
arraignment and examinations, but to retire during deliberations.
Volume II, section 1604.
A warrant of commitment ``need not set forth the particular facts which
constitute the alleged contempt.'' Volume II, section 1640.
The Senate requested the Executive to prosecute William Duane for
defamation of the Senate. Volume II, section 1604
(48) Prerogatives and Powers.--Contempts.--Involving a Member of the
Other House.
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.
SENATE PRECEDENTS--Continued.
(48) Prerogatives and Powers.--Contempts.--Involving a Member of the
House--Continued.
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.
(49) Prerogatives and Powers.--As to Revenue and Appropriation
Legislation.
Revenue bills must originate in the House, but the Senate may occur
with amendments. Volume II, section 1480.
Various occasions wherein the Senate's participation in revenue
legislation has been challenged. Volume II, sections 1482-1488, 1493-
1495.
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 Houses after learned debate declined to investigate the
power of the Senate to originate bills appropriating money. Volume II,
section 1501.
Discussion of the privilege of the House and Senate, respectively, in
relation to revenue bills. Volume II, section 1488.
Early instances of Senate and House participation in revenue
legislation. Volume II, section 1484.
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.
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.
Arguments in the Senate as to the limits of the prerogatives of the
House in relation to revenue legislation. Volume II, section 1494.
In 1883 the House raised, but did not press, a question as to certain
Senate amendments relating to the revenue. Volume II, section 1491.
The Senate having insisted on its right to add a revenue amendment to
an appropriate bill, the House declined to proceed further with the
bill. Volume II, section 1485.
The Senate having passed a bill with incidental provisions relating to
revenue, the House returned the bill, holding it to be an invasion of
prerogative. Volume II, section 1494.
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.
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 challenged as
an infringement on the right of the House to originate revenue
measures. Volume VI, section 320.
A point of order that a Senate bill proposing an increase in postage
rates contravened the prerogative of the House was not sustained by the
Senate. Volume VI, section 317.
Instance where in 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.
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.
Instance wherein a Senate amendment affecting the revenue was not
objected to until the stage of conference. Volume VI, section 314.
(59) Prerogatives and Powers.--As to Revenue Treaties.
Discussion of the prerogative of the Senate as to treaties affecting
customs duties. Volume II, section 1531.
SENATE PRECEDENTS--Continued.
(50) Prerogatives and Powers.--As to Revenue Treaties--Continued.
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 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.
In 1880 the House declared that the negotiation of a treaty affecting
the revenue was an invasion of its prerogative. Volume II, section
1524.
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.
(51) Prerogatives and Powers.--As to Treaties and Foreign Relations.
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 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.
After long discussion the House, in 1871, successfully asserted its
right to a voice in approving Indian treaties. Volume II, sections
1535, 1536.
The meaning of a treaty may not be controlled by subsequent explanation
sanctioned by a majority vote only of the Senate. Volume II, section
1537.
Arguments in the Senate that the power of recognizing foreign
governments is vested in the President. Volume II, section 1545.
The Senate expressed its disapproval of the attempt to destroy the
English Parliament House. Volume II, section 1559.
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.
(52) Prerogatives and Powers.--As Related to the Executive.--In
General.
President Jackson having sent to the Senate a protest against its
censure of his acts, the Senate declared the protest a breach of
privilege and refused it entry on the Journal. Volume II, section 1591.
A letter from an executive officer of the Government, criticising the
Senate, was condemned in debate as a breach of privilege and withdrawn.
Volume III, section 2566.
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.
President Madison declined a conference with a committee of the Senate.
Volume V, section 6630.
Reference to principles governing recognition of a State government by
the President of the United States. Volume I, section 349.
(53) Prerogatives and Powers.--As Related to the Executive.--Inquiries.
A discussion in the Senate as to its powers in calling for papers from
the President. Volume III, sections 1902, 1903.
SENATE PRECEDENTS--Continued.
(53) Prerogatives and Powers.--As Related to the Executive.--
Inquiries--Continued.
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.
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.
Discussion of the status of the Department of State in relation to
resolutions of inquiry. Volume III, section 1905.
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 dicussion 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.
The Senate returned to the Secretary of the Navy an impertinent
document transmitted in response to an inquiry. Volume III, section
1907.
(54) Prerogatives and Powers.--In General.
The authority to administer oaths should be given by law rather than by
rule of either House. Volume III, section 1823.
As to the power of a State to recall its assent to a constitutional
amendment. Volume V, section 7042.
(55) The Vice-President's Vote.
The Vice-President votes on all questions wherein the Senate is equally
divided, even on a question relating to the right of a Senator to his
seat. Volume V, sections 5976, 5977.
The right of the Vice-President to give a casting vote extends to cases
arising in the election of officers of the Senate. Volume V, sections
5972-5974.
Instance wherein the Vice-President cast a deciding vote on questions
relating to the organization of the Senate. Volume V, section 5975.
The Senate has declined to make a rule relating to the vote of the
Vice-President. Volume V, section 5974.
(56) General Procedure.--Adjournment.
As to what constitutes a sine die adjournment of a legislative body.
Volume V, section 6689.
(57) General Procedure.--Amendments.
Amendments reported by a committee are acted on before those offered
from the floor. Volume V, section 5773.
The Senate has a rule that an amendment may be laid on the table
without carrying the pending measure with it. Volume V, section 5425.
After discussion, the Senate decided out of order a motion to refer an
amendment to a pending bill without the bill itself. Volume V, section
5557.
Discussion of the Senate usage in considering bills for amendment
(footnote). Volume IV, section 3410.
A decision in the Senate that an amendment need not, under the
parliamentary law, be germane. Volume V, section 5802.
(58) General Procedure.--Amendments Between the Houses.
An amendment of one House being amended by the other, the first House
may amend the last amendment, but further amendment is not permissible.
Volume V, section 6176.
The text to which both Houses have agreed may not be changed except by
the unanimous consent of both Houses. Volume V, sections 6433-6436.
SENATE PRECEDENTS--Continued.
(58) General Procedure.--Amendments Between the Houses--Continued.
After the stage of disagreement had been reached on amendments between
the Houses, the Senate decided that new matters might not be brought in
by way of amendment. Volume V, section 6227.
One House may not recede from its own amendment with an amendment.
Volume V, sections 6217, 6218.
One House having receded from certain of its amendments may not at a
subsequent stage recall their action in order to form a new basis for a
conference. Volume V, section 6251.
One House having adhered may at the next stage vote to further adhere.
Volume V, section 6251.
On House having adhered may recede from its adherence and agree to a
conference asked by the other. Volume V, section 6251.
One House after an amendment or disagreement by the other may at once
adhere, but this does not preclude the granting of the request of the
other House for a conference. Volume V, section 6243.
In many instances bills have been lost by the adherence of both Houses,
sometimes in earlier days, when no effort at adjustment by conference
had been made. Volume V, sections 6233-6240.
In an exceptional instance wherein the House had disagreed to a Senate
amendment to a House bill the Senate thereupon adhered at once to its
amendment and then declined the request of the House for a conference.
Volume V, section 6313.
In 1898 a Senate committee reported against a proposition to add to a
general appropriation bill legislation on an important public question,
holding it not proper to attempt thus to coerce the House of
Representatives. Volume VI, section 3904.
The principle seems to be generally accepted that the House proposing
legislation on general appropriation bill should recede if the other
House persist in its objection. Volume IV, sections 3906-3908.
(59) General Procedure.--Bills.
The Secretary of the Senate having omitted to sign certain engrossed
Senate bills before they were sent to the House, he was admitted to
affix his signature. Volume IV, section 3427.
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.
Reasoning from the parliamentary law that a part of a bill may be
committed to one committee and a part to another, it was held in order
in the Senate to recommit a bill with instructions to report it as two
bills. Volume V, section 5528.
(60) General Procedure.--Business.
The mere asking of leave to introduce a bill was considered general
legislative business in the Senate. Volume I, section 123.
(61) General Procedure.--Conferences.--Occasions for.
A conference is sometimes asked on a subject when no legislative
proposition relating to this is pending, and may be granted or
declined. Volume V, sections 6255, 6256.
An early instance wherein committees of the two Houses held a
conference not over disagreements to amendments, but over proposed
legislation. Volume V, section 6957.
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.
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.
Instance of a conference on a subject of procedure in an impeachment.
Volume III, section 2304.
SENATE PRECEDENTS--Continued.
(62) General Procedure.--Conferences.--Asked of.
One House may pass a bill of the other with amendments and immediately,
without waiting for the other House to disagree, may ask a conference.
Volume V, sections 6295-6298.
The Senate having disagreed to an amendment of the House and the House
having insisted, the Senate adhered, whereupon the House for the first
time asked a conference, which was granted. Volume V, section 6309.
The Senate, after careful examination, thought it respectful to grant
the House's request for a conference, although the Senate had already
adhered. Volume V, section 6311.
(63) General Procedure.--Conferences.--Disregard of Request for.
An instance wherein the Senate disregarded a request for a conference
and voted to adhere. Volume V, section 6315.
Sometimes one House disregards the request of the other for a
conference and recedes from its disagreement, thereby rendering a
conference unnecessary. Volume V, sections 6316-6318.
In declining a conference the Senate by message communicated its
reasons for so doing. Volume V, section 6313.
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.
(64) General Procedure.--Conferences.--Managers of.
Senate discussion as to the rule governing the appointment of
conferees. Volume V, section 6529.
Instances wherein the Senate managers of a conference were appointed
entirely from the majority party, members of the minority having
declined to serve. Volume V, section 6337.
On a conference relating to the prerogatives of the two Houses all the
conferees were selected to represent the attitude of the majority of
the House. Volume V, section 6338.
The Senate, after full consideration, having decided that conferees may
not be instructed. Volume V, section 6397.
Only in rare instances has the Senate instructed managers of a
conference. Volume V, section 6398.
The House having instructed its managers for a second conference, the
Senate declined the conference and asked a free conference. Volume V,
sections 6403, 6404.
The Senate having learned indirectly that the House had instructed its
conferees, declared that the conference should be full and free, and
instructed its own conferees to withdraw if they should find the
freedom of the conference impaired. Volume V, section 6406.
The House having requested a conference and instructed its conferees,
the Senate ignored the request of the House, insisted on its amendment,
and asked ``a full and free conference.'' Volume V, section 6401.
A difference arising between the House and Senate as to the instruction
of conferees, a distinct conference was asked and granted on the
subject of difference. Volume V, section 6401.
The House having instructed its conferees in the first instance and
having informed the Senate by message of the instructions, the latter
body objected to the instructions and to the transmittal of them by
message. Volume V, section 6401.
The House having instructed its managers at first conference, the
Senate declined to participate and asked a free conference, which was
granted. Volume V, section 6402.
The House having instructed its conferees at a second conference and
having by message informed the Senate of the instructions that body
agreed to the conference, although there was protest at the message.
Volume V, section 6400.
SENATE PRECEDENTS--Continued.
(65) General Procedure.--Conferences.--Reports Not Within the
Disagreements.
Both House and Senate have always been adverse to receiving reports in
cases wherein the managers have exceeded their powers. Volume V,
sections 6414-6416.
In the Senate a conference report is not ruled out on a point of order
that it contains matter not within the differences, but the question
must be taken on agreeing to it. Volume V, sections 6426-6432.
A provision changing the text to which both Houses have agreed has been
appended to a conference report and agreed to by unanimous consent
after action on the report. Volume V, sections 6433-6436.
(66) General Procedure.--Conferences.--Recommittal of Reports.
It is in order for one body to recommit a conference report if the
other body, by action on the report, have not discharged their
managers. Volume V, sections 6545-6550, 6609.
(67) General Procedure.--Conferences.--Reports, Action on, etc.
The House may not act on a conference report when the bill and
amendments are not in its possession. Volume V, sections 6521, 6522.
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.
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.
Managers may report an agreement as to a portion of the amendments in
disagreement, leaving the remainder to be disposed of by subsequent
action. Volume V, section 6463.
A final conference report providing that the House recede from the only
disagreement was agreed to by the House, and then the Presiding
Officers of the two Houses signed the bill, although the Senate had not
acted on the report. Volume V, section 6587.
Instance wherein the Senate receded from its amendment to a House bill,
although it had insisted and asked a conference, to which the House had
agreed. Volume V, section 6319.
One House has, by message, reminded the other of its neglect to act on
a conference report, but this was an occasion of criticism. Volume V,
section 6309.
Instances wherein the Senate expressed doubt of the right of conferees
to withdraw a conference report after it had been presented and before
action thereon. Volume V, section 6459.
Conferees do not usually admit persons to make arguments before them.
Volume V, section 6263.
(68) General Procedure.--Congressional Record. See also ``Congressional
Record.''
A message of the President to the two Houses is printed in the
proceedings of only one House. Volume V, section 6965.
It is not considered courteous for one House to strike from the Record
matter placed therein by permission of the other House. Volume V,
section 6966.
Instance wherein proceedings in the Senate were ordered excluded and
expunged from the record. Volume VIII, section 3473.
(69) General Procedure.--Committees.--In General.
The Senate, as a continuing body, may continue its committees through
the recess following the expiration of a Congress. Volume IV, section
4544.
A quorum of a committee may transact business, and a majority of that
quorum, even through it be a minority of the whole committee, many
authorize a report. Volume IV, section 4586.
Discussion in the Senate on the presentation of minority views. Volume
IV, sections 4617, 4618.
Minority views were not permitted previous to 1822, but the present
practice began to develop soon after that date. Volume IV, sections
4608-4618.
SENATE PRECEDENTS--Continued.
(69) General Procedure.--Committees.--In General--Continued.
Instance wherein a committee, being equally divided, reported to the
Senate its inability to present a proposition for action. Volume I,
section 347.
An instance where a Senate committee notified the Senate of its
inability to report a bill. Volume IV, section 4666.
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.
In the Senate a motion to discharge a committee may be made and
considered in the regular order (footnote). Volume IV, section 4693.
The former practice of the Senate in relation to instructing
committees. Volume V, section 5525.
A Senate committee determined that a witness summoned to testify before
it was not entitled to counsel. Volume III, section 1837.
A Senator having resigned from all committee assignments, the Senate
accepted his resignation and elected successors to the vacancies thus
created. Volume VIII, section 2200.
A rule adopted by a Senate committee providing that the presence of six
Senators should constitute a quorum of the committee was held by the
courts to be invalid because adopted at a meeting at which less than a
quorum of the committee was present. Volume VI, section 345.
(70) General Procedure.--Committees.--Joint.
A joint committee should be provided for by a concurrent and not a
joint resolution, and the resolution should not prescribe rules for the
proceedings of either House. Volume IV, section 4409.
When a joint committee is authorized by simple resolution the
resolution itself does not have the concurrent action of the two
Houses. Volume IV, section 4411.
Sometimes the two Houses, by concurrent action, join two of their
standing committees and constitute them a joint committee. Volume IV,
sections 4412-4416.
The Senate has specially empowered its Committees on Printing, Enrolled
Bills and Library to act in conjunction with similar House committees.
Volume IV, section 4416.
Instance wherein the Senate insisted on an equal representation on a
joint committee. Volume IV, section 4410.
Although a joint committee votes per capita, the membership from the
House is usually larger than that from the Senate. Volume IV, sections
4426-4430.
A joint committee may be instructed by the two Houses acting
concurrently or by either House acting independently. Volume IV,
sections 4421-4423.
(71) General Procedure.--Constitutional Amendments.
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.
One House having by a two-thirds vote passed, in amended form, a
proposed constitutional amendment from the other House and then having
by a majority vote receded from its amendment, the constitutional
amendment was held not to be passed. Volume V, section 7035.
The two-thirds vote required for the passage of an amendment to the
Constitution is constructed to mean two-thirds of those present. Volume
V, section 7028.
By a majority vote the Senate has amended a joint resolution that
required a two-thirds vote on its passage. Volume V, section 7032.
A two-thirds vote is required to agree to amendments of the other House
to joint resolutions proposing amendments to the Constitution. Volume
VIII, section 3505.
SENATE PRECEDENTS--Continued.
(72) General Procedure.--Debate.
Discussion of the rule for limiting debate in the Senate. Volume VIII,
section 2671.
Instances wherein Members of the Senate have taken advantage of the
privilege of unlimited debate. Volume VIII, section 2666.
Instances wherein Senators signed a ``round robin'' announcing t hey
would have voted to close debate had the rules of the Senate permitted.
Volume VIII, section 2663.
A Member having referred to the Senate in a public address, it was held
in order to reply on floor of the Senate, avoiding personalities and
criticism of the other House. Volume VIII, section 2510.
In the Senate a Senator may not take the floor and then yield periods
of time to other Senators. Volume V, section 5041.
A Senator who had yielded the floor to a message from the House was
held entitled to resume the floor, to the exclusion of other business.
Volume V, section 5017.
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.
It is not in order in debate to refer to action of the House. Volume V,
section 5102.
Interpretation of the rule prohibiting reference in debate to what has
been said on the subject in the other House. Volume V, section 5098.
In the Senate a reference to methods of procedure in the House, made
for the purpose of influencing the action of the Senate, was ruled out
of order. Volume V, section 5100.
Instance wherein the Senate declined to have read the record of the
proceedings of the House, even as the basis of a question of order
relating to the rights of the Senate. Volume V, section 6406.
Persons not Members, and not claiming to be Members, have been
permitted to address the House only in early and rare instances. Volume
V, section 7301.
It is not in order in debate to indulge in personalities. Volume V,
section 5151.
Where charges of bribery had been made against a Senator a question
propounded to him by another Senator on the subject was held to be in
order. Volume V, section 5155.
While in debate the assertion of one Member may be declared untrue by
another, yet in so doing an accusation of intentional misrepresentation
must not be implied. Volume V, section 5160.
Instance of personalities in debate in the Senate. Volume V, section
5156.
(73) General Procedure.--Decorum.
A description of the decorum of House and Senate in early days
(footnote). Volume II, section 1344.
(74) General Procedure.--Files and Papers.
One House requiring papers from the files of the other asks for them by
resolution. Volume V, sections 7263, 7264.
(75) General Procedure.--Journal.
The Senate in 1867 discontinued the use of the Journal of the word
``honorable'' before the name of a Senator. Volume IV, section 2883.
The Senate Journal has shown the number of Senators answering to a call
of the Senate, but not the names. Volume IV, section 2833.
It was held in the Senate that when a Senator, called to order for
words spoken in debate, appealed to the Senate the Journal should
record the words. Volume IV, section 2838.
An instance wherein the Senate, after discussion, declined so to amend
the Journal as to state what was not the actual fact. Volume IV,
section 2786.
Reference to the consideration of the resolution expunging from the
Senate Journal the censure of President Jackson (footnote) Volume IV,
section 2730.
SENATE PRECEDENTS--Continued.
(76) General Procedure.--Messages.
One of the first messages from the Senate was transmitted by letter
from the Vice-President. Volume V, section 6257.
Instance wherein the Senate received a message, although a quorum were
not present. Volume V, section 6650.
A veto message may not be returned to the President of the United
States. Volume IV, section 3521.
The Senate declines to receive communications from any executive
department except through the President unless in response to a
resolution of the Senate or in accordance with law. Volume VIII,
section 3353.
(77) General Procedure.--Motions.
It was held in the Senate that a pending motion might not be referred
to a committee. Volume V, section 5556.
It has been held in the Senate that a motion to lay on the table may
apply to two papers pending before the body. Volume V, section 5442.
A motion being made to reconsider the vote on a bill which had gone to
the Senate, a motion to ask the recall of the bill is privileged.
Volume V, section 5671.
Where the yeas and nays on a vote have not been ordered recorded in the
Journal any Member, irrespective of whether he voted with the majority
or not, may make the motion to reconsider (footnote). Volume V, section
5611.
In the Senate a motion to refer a vetoed bill has been held in order.
Volume IV, section 3550.
The motion for the previous question is not admitted in the Senate.
Volume VIII, section 2663.
(78) General Procedure.--Order.
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.
(79) General Procedure.--Petitions, etc.
Petitions from Indians within the limits of the United States have been
received. Volume IV, section 3341.
Reference to Senate rule that no alien may offer a petition directly to
the Senate. Volume IV, section 3328.
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 3334, 3335.
The rule relating to the signing of petitions was formerly enforced
strictly by the Senate. Volume IV, section 3323.
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.
Discussion of the duty of a Presiding Officer in relation to the
presentation of communications. Volume IV, section 3320.
(80) General Procedure.--Quorum.
After long discussion the Senate finally decided that a quorum
consisted of a majority of Senators duly chosen and sworn. Volume IV,
sections 2891-2894.
Reference to proceedings in the Senate to compel attendance of
absentees (footnote). Volume IV, section 2980.
Review of practice and proceedings in the Senate as to Senators present
and not voting when a quorum fails. Volume IV, sections 2910-2915.
While the practice in the Senate has varied, the weight of precedent
seems to warrant the counting of those present and not voting in
ascertaining the presence of a quorum. Volume VI, section 645.
SENATE PRECEDENTS--Continued.
(80) General Procedure.--Quorum--Continued.
An instance wherein the Senate indorsed the principle that a
legislator, whose presence was forcibly obtained and who refused to
vote, might be counted as part of a quorum. Volume I, section 356.
In the Senate the presence of a quorum was held to be necessary during
debate. Volume VI, section 643.
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.
(81) General Procedure.--Rules.
The validity of a law passed by a preceding Congress, which proposes to
govern the Senate as to its rules or its organization, is doubtful.
Volume V, sections 6765, 6766.
In 1876 the joint rules were abrogated, the action being accompanied by
discussion in both Houses, and subsequent efforts to restore them have
failed. Volume V, sections 6782-6787.
Jefferson's Manual is recognized, in as far as applicable, as a part of
the rules of the Senate. Volume VIII, section 2501.
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.
In the Senate it was held that while Jefferson's Manual was not to be
regarded as a direct authority, it was to be considered as exercising
an influence in Senate procedure. Volume VIII, section 3382.
The Senate no longer requires consideration of bills and joint
resolutions in the Committee of the Whole. Volume VIII, section 2380.
(82) General Procedure.--Sessions.--Extraordinary.
At an extraordinary session the Senate sometimes adopts a rule limiting
the business to be considered. Volume IV, section 3068.
(83) General Procedure.--Sessions.--Secret.
Each House has a right to hold secret sessions whenever in its judgment
the proceedings should require secrecy. Volume II, section 1640.
Following revision of the rule relating to secrecy, the Senate practice
of considering executive business in closed session has been largely
discontinued. Volume VIII, section 363.
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.
(84) General Procedure.--Voting.--In General.
Reference to instances in the Senate wherein debate was had after the
yeas and nays were ordered, but not after the calling of the roll had
begun. Volume V, section 6100.
It was held in the Senate that when the yeas and nays were ordered and
taken and a quorum failed to respond, debate was not in order when a
quorum appeared. Volume V, section 6100.
It being ordered that a majority of the ballots cast shall elect, it is
not in order at the conclusion of a ballot to move that the person
having a plurality only shall be declared elected. Volume V, section
6006.
The order of voting requiring a majority of all the Members to elect, a
vote of 29 votes for one person and 29 blanks was held not conclusive.
Volume V, section 6009.
The two-thirds vote required to pass a bill, notwithstanding the
objections of the President, is ``two-thirds of the Members present.''
(footnote). Volume V, section 3538.
An instance wherein a Senator refused to vote (footnote). Volume V,
section 5945.
The rules of the Senate do not recognize pairs. Volume VIII, section
3095.
SENATE PRECEDENTS--Continued.
(84) General Procedure.--Voting.--In General--Continued.
Discussion of the origin of the practice of pairing in the House and
Senate. Volume VIII, section 3076.
(85) General Procedure.--Voting.--Division of the Question.
A Senate decision that a resolution, on demand for a division, should
be divided according to its verbal construction rather than according
to its legislative propositions. Volume V, section 6119.
A Senate ruling that the division of a question depends on grammatical
structure rather than on the substance involved. Volume I, section 394.
When it is proposed to amend by inserting or adding the matter is
divisible if it contains more than one substantive proposition. Volume
V, section 6133.
A resolution need not necessarily be divided because it affects the
titles of the seats of two Senators from different States with
different questions involved. Volume V, section 6119.
(86) General Procedure.--Voting.--Disqualifying Personal Interest.
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.
On a resolution in the Senate censuring two Senators the names of both
were called, but neither voted. Volume II, section 1665.
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.
(87) In General.
Reference to inquiry as to existence of a republican form of government
in a State. Volume I, section 346.
Ceremonies of removing from the old to the new Halls of the House and
Senate. Volume V, section 7271.
Reference to debate in the Senate on freedom of the press (footnote).
Volume III, section 2640.
A Senator, member of a joint commission created by law and appointed by
the Presiding Officers of the two Houses, respectively, tendered his
resignation in the Senate. Volume IV, section 4446.
The House has declined to be bound to secrecy by act of the Senate.
Volume V, section 7249.
In the Senate it was held that an appeal from a decision of the Chair
should be presented at the time the decision is announced and before
the intervention of further business. Volume VIII, section 3280.
In a rare instance the Senate recessed on the occasion of the death of
a former Senator. Volume VIII, section 3562.
SENATE REPORTS.
In determining final right to a seat the House has considered as
evidence testimony embodied in a Senate report of the preceding
Congress relating generally to the election in question. Volume I,
section 624.
SENIORITY.
A discussion of the unwritten rule of seniority of service. Volume VI,
section 233.
In filling vacancies in chairmanships of committees the House has
usually, but not invariably, followed the rule of seniority and elected
the next ranking member of the committee. Volume VIII, section 2202.
Suites in the new building were assigned according to seniority in
continuous service and Members were required to file for assignment on
a designated day in person or by proxy. Volume VIII, section 3650.
SENIORITY--Continued.
The term ``continous service'' governing seniority in the assignment of
rooms in the House Office Building is held to refer to uninterrupted
service, and seniority of a Member dates from the beginning of his last
uninterrupted service regardless of previous terms of memship in the
House. Volume VIII, section 3651.
Where two or more Members file requests for the same room, preference
shall be given to the Member of the longest continuous service in the
House. Volume VIII, section 3648.
SERGEANT.
The Pennsylvania election case of John Sergeant in the Nineteenth
Congress. Volume I, section 555.
SERGEANT-AT-ARMS.
(1) Of the House.--One of the elected officers.
(2) Of the House.--The mace the symbol of the office.
(3) Of the House.--Preserves order and the peace.
(4) Of the House.--Arrests members on call of the House, etc.
(5) Of the House.--Serves warrants and subpoenas.
(6) Of the House.--Disburses pay and mileage of Members.
(7) Of the House.--Duty as to the roll of Members-elect.
(8) Of the House.--Has the privilege of the floor of the House.
(9) In general.
(1) Of the House.--One of the Elected Officers.
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.
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 Sergeant-at-Arms receives no fees, and the Clerk receives them only
for certified extracts of the Journal. Volume I, section 259.
The Sergeant-at-Arms having resigned, the House instructed the
Doorkeeper to perform the duties of the office until the beginning of
the next session of Congress. Volume I, section 268.
The late Sergeant-at-Arms having announced a deficit in his office, the
House authorized investigation by a select committee. Volume I, section
293.
(2) Of the House.--The Mace the Symbol of the Office.
The mace is the symbol of the Sergeant-at-Arms and is borne by that
officer while enforcing order on the floor. Volume II, section 1346.
Instance wherein the Sergeant-at-Arms carried the mace to the floor.
Volume VIII, section 2530.
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.
When the House attends in the Senate the Sergeant-at-Arms does not bear
the mace. Volume V, section 7045.
(3) Of the House.--Preserves Order and the Peace.
The Sergeant-at-Arms attends the sittings and under direction of the
Speaker or Chairman of the Committee of the Whole maintains order.
Volume VI, section 29.
By a rule, which is not adopted usually until a Speaker is elected, the
Sergeant-at-Arms is directed to preserve order under the direction of
the Clerk, pending the election of a Speaker or Speaker pro tempore.
Volume I, section 257.
Before the election of a Speaker the House has empowered the Clerk and
Sergeant-at-Arms of the last house to preserve order. Volume I, section
101.
SERGEANT-AT-ARMS--Continued.
(3) Of the House.--Preserves Order and the Peace--Continued.
The Sergeant-at-Arms and Doorkeeper are charged with the enforcement of
certain rules relating to decorum. Volume II, section 1136. Volume VI,
section 190.
The statutes place on the Sergeant-at-Arms of the two Houses the duty
of preserving the peace and security of the Capitol, and the
appointment and control of the Capitol police. Volume I, section 258.
By concurrent resolution the two Houses authorized their Sergeant-at-
Arms to appoint special police for an important occasion. Volume V,
section 7243.
Extreme disorder arising on the floor, the Speaker directed the
Sergeant-at-Arms to enforce order with the mace. Volume VI, section
258.
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.
(4) Of the House.--Arrests Members on Call of the House, etc.
On a call of the House under the new rule the Sergeant-at-Arms is
required to detain those Members who are present and bring in
absentees. Volume IV, sections 3045-3048.
Form of resolution for directing the Sergeant-at-Arms to arrest absent
Members. Volume IV, section 3018. Volume VI, section 684.
A resolution authorizing the Sergeant-at-Arms to arrest absentees is
not debatable. Volume VI, section 87.
Under the new rule for a call of the House a resolution of the House is
not required to empower the Sergeant-at-Arms to being in absentees.
Volume IV, section 3049.
On a call of the House the Sergeant-at-Arms is required to execute an
order of arrest wherever the members referred to may be found. Volume
IV, section 3017.
A question as to the constitutionality and propriety of a continuing
order of arrest was held not to supersede a motion to discharge the
Sergeant-at-Arms from further execution of the order. Volume III,
section 2617.
Instance wherein the Sergeant-at-Arms reported at the bar of the House
his proceedings under a continuing order of arrest. Volume IV, section
3017.
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 motion to require the Sergeant-at-Arms to report at the bar of the
House on progress in securing a quorum is in order during a call of the
House. Volume VI, section 687.
The House having agreed to a resolution of censure and the Member being
brought to the bar by the Sergeant-at-Arms to be censured, it was held
that he might not then be heard. Volume II, section 1259.
(5) Of the House.--Serves Warrants and Subpoenas.
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.
Arrests are made by the Sergeant-at-Arms on authority of a warrant duly
signed, attested, and sealed, and on performing the duty that offer
makes return on the warrant. Volume II, section 1599.
By direction of the House, the Speaker issued and the Sergeant-at-Arms
served a warrant for the arrest of a person charged with contempt of
the House. Volume VI, section 532.
Form of Speaker's warrant for commitment of a person in contempt and of
Sergeant-at-Arms's return thereon. Volume II, section 1628.
A writ of habeas corpus being served on the Sergeant-at-Arms, who held
the witness Irwin in custody for contempt, the House, after
consideration, prescribed the form and manner of return. Volume III,
section 1691.
A 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.
SERGEANT-AT-ARMS--Continued.
(5) Of the House.--Serves Warrants and Subpoenas--Continued.
Form of warrant and return in case of arrest of a witness for
contumacy. Volume III, section 1671.
The Sergeant-at-Arms having arrested Williamson by order of the House
made his return verbally. Volume III, section 1673.
The order of arrest sometimes specifies that it shall be made either by
the Sergeant-at-Arms or his special messenger. Volume III, section
1688.
In the absence of the Sergeant-at-Arms his deputy, by special
resolution of the House, was empowered to serve a warrant. Volume III,
section 1669.
In 1860 the Massachusetts court decided that a warrant directed only to
the Sergeant-at-Arms of the United States Senate might not be served by
deputy in that State. Volume III, section 1718.
A discussion distinguishing between the serving of a warrant by deputy
and the serving of a subpoena in the same way. Volume III, section
1702.
A subpoena having been served by a deputy sergeant-at-arms, a
certificate of his appointment should accompany a report requesting
arrest of the witness for contempt. Volume III, section 1701.
A subpoena served by a deputy did not contain certificate of the
deputy's appointment. Volume III, section 1695.
The Sergeant-at-Arms indorses on a subpoena his authorization of his
deputy to act in his stead. Volume III, section 1673.
Should the Sergeant-at-Arms make the return on a subpoena served by his
deputy? Volume III, section 1702.
The House sometimes directs the Sergeant-at-Arms to attend the sittings
of a committee and serve the subpoenas. Volume III, section 1753.
The Kansas Committee of 1856 was empowered by the House to employ or
dismiss clerks and assistant sergeants-at-arms and to administer oaths
to them. Volume III, section 1752.
A Sergeant-At-Arms serving subpoenas for a committee makes his return
and it is entered on the journal of the committee. Volume III, section
1800.
(6) Of the House.--Disburses Pay and Mileage of Members.
The Sergeant-at-Arms disburses the pay and mileage of Members and
Delegates. Volume I, section 257.
The statutes as well as the rule define the duties of the Sergeant-at-
Arms, especially with reference to the disbursements made by him.
Volume I, section 258.
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 House has by resolution directed the enforcement of the statute
providing for deductions by the Sergeant-at-Arms from the pay of
Members and Delegates absenting themselves without leave. Volume VI,
section 30.
The House has by resolution revoked all leaves of absence and directed
the Sergeant-at-Arms to deduct from the salary of Members compensation
for days absent without leave. Volume VI, section 198.
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.
(7) Of the House.--Duty as to the Roll of Members-elect.
The duty of making up the roll of Members-elect in event the Clerk can
not act devolves on the Sergeant-at-Arms and next on the Doorkeeper.
Volume I, section 15.
SERGEANT-AT-ARMS--Continued.
(8) Of the Senate.--Has the Privilege of the Floor of the House.
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.
(9) In General.
During the temporary disability of the Sergeant-at-Arms another was
authorized to perform the duties of the office. Volume VI, section 32.
Upon the death of the Sergeant-at-Arms, a Sergeant-at-Arms pro tempore
was elected to serve until a successor was chose. Volume VI, section
32.
The vacancy caused by the death of the Sergeant-at-Arms was, after some
delay, filled by the House by election. Volume VI, section 32.
In the absence of the Sergeant-at-Arms, the duties of his office are
discharged by sworn deputies, and the Speaker issues directions as if
he were present in person. Volume VI, section 679.
Instance wherein the House designated a minority employee as Assistant
Sergeant-at-Arms. Volume VI, section 681.
Instance wherein the Senate by resolution removed its Sergeant-at-Arms.
Volume VI, section 37.
The Senate having dismissed its Sergeant-at-Arms for cause, declined to
take further punitive action. Volume VI, section 37.
On the removal of the Sergeant-at-Arms, the Deputy Sergeant-at-Arms
succeeded to the duties of the office as Assistant Sergeant-at-Arms,
without action by the Senate. Volume VI, section 37.
The Speaker does not assume to control the Sergeant-at-Arms in the
discharge of certain official duties. Volume VI, section 30.
Instance in which the Sergeant-at-Arms was summoned to the bar of the
House and required to report progress in the discharge of the duties of
his office. Volume VI, section 687.
In the absence of a Member against whom resolutions of expulsion were
offered, consideration of the resolutions was postponed with notice
that the Sergeant-at-Arms would be asked to deliver to the Member or
his secretary a copy of the resolution with notice of its pending
consideration. Volume VI, section 236.
SERVICE.
(1) Of processes.--Warrants.
(2) The public.
(1) Of Processes.--Warrants.
In the absence of the Sergeant-at-Arms his deputy, by special
resolution of the House, was empowered to serve a warrant. Volume VIII,
section 1669.
By direction of the House, the Speaker issued and the Sergeant-at-Arms
served a warrant for the arrest of a person charged with contempt of
the House. Volume VI, section 532.
Form of subpoena served on a Member of the House. Volume VI, section
537.
(2) The public.
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.
SERVICE OF THE HOUSE.
(1) The employees.--In general.
(2) The employees.--Clerks of committees. See also ``Committees.''
(3) In general.
(4) Jurisdiction of committees in regard to.
SERVICE OF THE HOUSE--Continued.
(1) The Employees.--In General.
Resolutions authorizing the employment of persons by the House are
reported by the Committee on Accounts. Volume IV, section 4333.
A resolution relating to the dismissal of an employee was held not to
involve a question of privilege. Volume III, section 2634.
The House has insisted on its right to determine the compensation of
its own officers and employees. Volume V, sections 7241, 7242.
A declaration of the House concerning appointments by the officers of
the House. Volume V, section 7240.
The House has at times laid down general principles to govern the
selection of its employees. Volume V, sections 7239, 7240.
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.
Employees of the House may not sublet their duties or divide their
compensation with others Volume V, section 7232.
No page, except chief pages and riding pages, shall be under 12 or more
than 18 years of age. Volume V, section 7233.
Decision of the Comptroller of the Treasury as to the employment of the
index clerk. Volume V, section 7234.
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.
The Committee on Accounts are to inquire into the enforcement of the
status relating to employees of the House and are empowered to send for
persons and papers. Volume V, section 7233.
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.
In case of a month's extra pay an employee having an annual salary is
entitled to one-twelfth of the sum of that salary. Volume V, section
7229.
The representatives of an employee deceased before the passage of an
act granting a month's extra pay are not entitled to what would be paid
to the employee were he alive. Volume V, section 7228.
While the House may by simple resolution establish or abolish offices
in its service, a joint resolution is required for such action
affecting offices in the joint service of the House and Senate. Volume
VI, section 36.
The effect of the adoption of such Resolution is automatically to
separate from the service of the House on the date adopted incumbents
of the offices affected. Volume VI, section 36.
One Congress may not, even by statute, provide officers or employees
for the service of its successor. One House may continue the tenure of
an officer after the Congress for which he was appointed has expired,
but a subsequent House may remove such officer and appoint another in
his stead. Volume VI, section 36.
While customary to grant the widow of an employee of the House an
amount equal to one-half of a year's salary, in exceptional instances
the house has authorized payment of the full amount of the annual
salary. Volume VIII, section 3600.
(2) The Employees.--Clerks of Committees. See also ``Committees.''
Clerks of committees are appointed by the chairman, with the approval
of the committee, and are paid at the public expense. Volume IV,
section 4533.
An annual clerkship of a committee is authorized by a resolution
reported by the Committee on Accounts and agreed to by the House.
Volume IV, section 4534.
Session clerks are assigned to committees by resolution reported from
the Committee on Accounts and agreed to by the House. Volume IV,
section 4535.
SERVICE OF THE HOUSE.--Continued.
(2) The Employees.--Clerks of Committees--Continued.
The assignment of committee clerks is within the jurisdiction of the
Committee on Accounts. Volume IV, section 4332.
Reference to statutes fixing the pay of session clerks of committees
(footnote). Volume IV, section 4535.
A session clerk is entitled to compensation only from the date when he
enters upon the discharge of his duties with the committee. Volume IV,
section 4536.
A clerk of a committee who ceased to hold office on December 21 was
held not to be entitled to the salary for the reminder 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.
(3) In General.
A resolution relating to the protection of the records of the House
presents a question of privilege. Volume III, section 2659.
References to the practice governing management of the House
restaurant, especially as to the sale of intoxicating liquors. Volume
V, section 7244.
A resolution from the Committee on Ventilations and Acoustics relating
to the comfort of Members in the Hall was received as a question of
privilege. Volume III, section 2629.
Resolutions from the Committee on Accounts authorizing expenditures
from the contingent fund do not, according to the later rulings,
require consideration in Committee of the Whole. Volume IV, sections
4862-4867.
Discussion of various services of the House, including the House
restaurant, House barber shops, and stationery and mileage allowances
to Members. Volume VI, section 216.
(4) Jurisdiction of Committees in Regard to.
Resolutions pertaining to the service of the House are reported by the
Committee on Accounts. Volume VII, section 2053.
The employment of persons in the service of the House having been
authorized, resolutions designating individuals to fill such positions
are not necessarily reported by the Committee on Accounts. Volume VII,
section 2057.
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.
SESSINGHAUS.
The Missouri election case of Sessinghaus v. Frost in the Forty-seventh
Congress. Volume II, sections 975, 976.
SESSIONS.
(1) Of Congress.--Beginning and end of.
(2) Of Congress.--Meeting on the day set by the Constitution.
(3) Of Congress.--When convened by law.
(4) Of Congress.--When called by the Executive authority.
(5) Of Congress.--Continuation of functions after.
(6) Of Congress.--Business in one House when the other is not convened.
(7) Of Congress.--Limitation on business at a special session.
(8) Of Congress.--In relation to the power of the House to imprison.
(9) Of Congress.--As related to the continuation of impeachment
proceedings.
(10) Of Congress.--Continuation of business and committees after a
recess.
(11) Of Congress.--Adjournment sine die.
(12) Of Congress.--Privilege of the Member going and returning.
(13) Of Congress.--In general.
(14) Of the House.--Hour of meeting.
(15) Of the House.--The legislative day.
SESSIONS--Continued.
(16) Of the House.--As to Sunday.
(17) Of the House.--Adjournment over.
(18) Of the House.--Secret.
(19) Of the House.--Joint.
(20) Of the House.--Committees not to sit during.
(21) Of the House.--In general.
(22) During the electoral count.
(1) Of Congress.--Beginning and End of.
The term of a Congress begins on the 4th of March of the odd-numbered
years and extends through two years. Volume I, section 3.
When the two Houses adjourn for more than three days, and not to or
beyond a day fixed by Constitution or law for the next regular session
to begin, the session is not thereby necessarily terminated. Volume V,
sections 6676, 6677.
The legislative day of March 3 of the final session of a Congress is
held to terminate at 12 m. on March 4 unless a motion is made and
carried for an adjournment previous to that hour. Volume V, sections
6694-6697.
The two Houses may by concurrent resolution provide for an adjournment
to a certain day with a provision that if there be no quorum present on
that day the session shall terminate. Volume V, section 6686.
The process whereby the Fortieth Congress prolonged its first session
by successive recesses with a provision for adjournment sine die in a
certain contingency. Volume V, section 6686.
Form of concurrent resolutions of the two Houses terminating a session
of Congress. Volume V, section 6722.
In the later view an existing session ends with the day appointed by
the Constitution for the regular annual session. Volume II, section
1160.
In the later Congresses it has been established, both by declaration
and practice, that a special session, whether convened by law or
proclamation, ends with the constitutional day for annual meeting.
Volume V, sections 6690-6693.
Instances wherein one session of Congress has followed another without
appreciable interval. Volume V, sections 6690, 6692. Volume VIII,
section 3375.
A special session continuing until the constitutional day for annual
meeting ends automatically on that date. Volume VIII, section 3375.
Reference to questions arising in the Senate as to recess appointments
in a case wherein one session followed its predecessor immediately.
Volume V, section 6693.
A recess of Congress is a real not imaginary time when it is not
sitting in regular or extraordinary session. Volume V, section 6687.
Instance wherein the President of the United States was not notified of
the expiration of a session of Congress. Volume V, section 6692.
The law relating to mileage of Members applies only to the regular
sessions of Congress. Volume II, section 1159.
(2) Of Congress.--Meeting on the Day Set by the Constitution.
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.
The First Congress having met once in each of its two years of
existence, a doubt existed as to whether or not it would legally meet
again on the day appointed by the Constitution. Volume I, section 5.
Instance wherein Congress in adjourning fixed by resolution the time of
meeting of the next session on the constitutional day. Volume I,
section 5.
The First Congress by law appointed for its second meeting a day later
than the day fixed by the Constitution. Volume I, section 5.
SESSIONS--Continued.
(2) Of Congress.--Meeting on the Day Set by the Constitution--
Continued.
Early Congresses having by law met on a day earlier than the
constitutional day, remained in continuous session to a time beyond
that day. Volume I, sections 6-9.
Early Congresses, convened either by proclamation or law on a day
earlier than the constitutional day, remained in continuous session to
a time beyond that day. Volume I, sections 10, 11.
In 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.
(3) Of Congress.--When Convened by Law.
Instances of laws fixing the time of annual meeting of Congress. Volume
I, section 5.
Early sessions of Congress convened by law (footnote). Volume I,
section 12.
The early laws fixing the time for the meeting of Congress specified
the day but not the hour. Volume I, sections 6-9.
Instance wherein a law convening Congress specified the hour as well as
the day. Volume I, sections 10, 11.
It being desirable that the hour of the first meeting of a Congress
should be later than 12 m., the purpose was effected by a joint
resolution. Volume I, section 4.
In early days extra sessions were held on dates fixed by law rather
than at the call of the President. Volume VIII, section 3371.
(4) Of Congress.--When Called by the Executive Authority.
Instances wherein Congress has been convened by proclamation or by law.
Volume I, sections 10, 11.
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.
The statutes provide that in case of the removal, death, resignation,
or inability of both 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.
(5) Of Congress.--Continuation of Functions After.
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.
For a time the rules provided for their own continuance in a new
Congress, thus affording a rule for election of officers. Volume V,
section 6743.
Discussion as to whether or not the rules of one House remain the rules
of the next House until changed. Volume I, section 210.
Although the House becomes functus officio at the end of its term, yet
in practice certain rules and regulations have extended beyond that
time. Volume V, sections 6748-6751.
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.
Committees are created commissioners by law if their functions are to
extend beyond the term of the Congress. Volume IV, section 4545.
The Senate as a continuing body may continue its committees through the
recess following the expiration of a Congress. Volume IV, section 4545.
The Senate as a continuing body may continue its committees through the
recess following the expiration of a Congress. Volume VI, section 343.
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.
SESSIONS--Continued.
(5) Of Congress.--Continuation of Functions After--Continued.
The two Houses by concurrent resolution have assumed to extend the
powers of a joint committee beyond the adjournment of Congress, but
later action seems to recognize a law as to the proper instrumentality
for such purpose. Volume IV, sections 4437-4444.
Instance wherein a joint committee was authorized and appointed to
attend a ceremony occurring after the final adjournment of a Congress.
Volume V, section 7054.
Instance wherein a joint rule provided a joint committee for the next
Congress. Volume IV, section 4445.
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.
(6) Of Congress.--Business in One House When the Other is Not Convened.
Discussion in Senate of propriety of transacting legislative business
at a called session, the House not being in session. Volume I, section
88.
(7) Of Congress.--Limitation on Business at a Special Session.
At an extraordinary session the House sometimes adopts a rule limiting
the business to be considered. Volume IV, sections 3064-3068.
(8) Of Congress.--In Relation to the Power of the House to Imprison.
A discussion as to the power of the House to imprison for a period
after the adjournment of the session. Volume II, section 1629.
The implied power to punish for contempt is limited to imprisonment and
such imprisonment may not extend beyond the session of the body in
which the contempt occurred. Volume VI, section 534.
(9) Of Congress.--As related to the Continuation of Impeachment
Proceedings.
It was decided in 1876 that an impeachment trial could only proceed
when Congress was in session. Volume III, section 2006.
Under the parliamentary law an impeachment is not discontinued by the
dissolution of Parliament. Volume III, section 2005.
The Senate in its writ of summons in the Blount impeachment fixed
respondent's appearance at the next session of Congress. Volume III,
section 2304.
The House decided to proceed in the Pickering impeachment, although the
session and the Congress neared an end. Volume III, section 2319.
The impeachment of Judge Pickering was presented in the Senate on the
last day of the Seventh Congress. Volume III, section 2320.
At the beginning of the Eighth Congress the House continued the
Pickering impeachment by appointing a committee to prepare articles.
Volume III, section 2321.
The proceedings in the Chase impeachment were continued after a recess
of Congress, but in deference to the practice at that time the articles
were recommitted for a new report. Volume III, section 2344.
The Thirty-ninth Congress have expired during investigation of
President Johnson's conduct, the House in the next Congress directed
the Judiciary Committee to resume the investigation. Volume III,
section 2401.
The articles of impeachment in the Chase case were reported just before
the close of the first session of the Congress. Volume III, section
2343.
The House voted the impeachment of Judge Delahay at the end of one
Congress, intending to present articles in the next. Volume III,
section 2505.
The impeachment of Judge Swayne was postponed to the next session of
Congress for further investigation. Volume III, section 2471.
(10) Of Congress.--Continuation of Business and Committees After a
Recess.
All business pending and unfinished in the House or in committee or
awaiting concurrent action in the Senate at the end of a session is
resumed at the next session of the same Congress. Volume V, section
6727.
SESSIONS--Continued.
(10) Of Congress.--Continuation of Business and Committees After a
Recess--Con.
According to the later practice the powers of a conference committee
which has not reported do not expire by reason of the termination of a
session of Congress, unless it be the last session. Volume V, sections
6260-6262.
One House having asked a conference at one session, the other House may
agree to the conference at the next session of the same Congress.
Volume V, section 6286.
A motion to reconsider when once entered may remain pending
indefinitely, even until a succeeding session of the same Congress.
Volume V, section 5684.
In the early practice an order of the House relating to disposition of
business did not continue in the next session (footnote). Volume IV,
section 3345.
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.
Enrolled bills pending at the close of a session were at the next
session of the same Congress ordered to be treated as if no adjournment
had taken place. Volume IV, sections 3487, 3488.
It has been held that the Journal of the last day of a session may not
be amended on the first day of the succeeding session, but this
principle has not been followed uniformly. Volume IV, sections 2743,
2744.
The House may empower a committee to sit during a recess which is
within the constitutional session of the House. Volume IV, sections
4541-4543.
Committees may by the House be empowered to sit during a recess that is
within the term of the Congress, but not after the expiration of the
term. Volume IV, section 4545.
A select committee expires at the end of a session unless continued by
order of the House or revived by the reference of a matter to it by the
House. Volume IV, sections 4394-4399.
A joint select committee expires with the session. Volume IV, section
4420.
An investigating committee being empowered to sit during recess, the
Speaker was authorized and directed to sign subpoenas as during a
session. Volume III, section 1753.
(11) Of Congress.--Adjournment Sine Die.
An instance where the failure of a quorum prevented action in the
closing hours of a Congress. Volume V, section 6309.
Reference to discussion of the constitutional power of the President to
adjourn Congress in a certain contingency (footnote). Volume I, section
12.
As to the result when the Congress expires leaving unacted on a motion
to reconsider the vote whereby a resolution of the House is passed
(footnote). Volume V, section 5704.
At the time of final adjournment of a Congress the clerks of committees
are required to deliver to the Clerk of the House the bills and other
papers referred to the committees. Volume V, section 7260.
All evidence taken by a committee under order of the House and not
reported to the House shall be delivered to the Clerk at the final
adjournment of the Congress. Volume V, section 7260.
The term ``adjournment'' as used in the constitutional provision does
not refer exclusively to the final adjournment of the Congress, but
includes the adjournment of an intermediate session as well. Volume
VII, section 1115.
(12) Of Congress.--Privilege of the Member Going and Returning.
Instance wherein the courts discussed and sustained the privilege of
the Member in going to and returning from the sessions of the House.
Volume III, section 2674.
The constitutional privilege of Members in the matter of arrest has
been construed to exempt from subpoena during sessions of Congress.
Volume VI, section 588.
SESSIONS--Continued.
(12) Of Congress.--Privilege of the Member Going and Returning--
Continued.
All criminal offenses are comprehended by the terms ``treason, felony,
and breach of the peace,'' as used in the Constitution, excepting these
cases from the operation of the privilege from arrest therein conferred
upon Senators and Representatives during their attendance at the
sessions of their respective Houses, and in going to and returning from
the same. Volume VI, section 589.
(13) Of Congress.--In General.
An ordinary appropriation for session employees is not available at an
extra session. Volume V, section 7231.
In computing the days of a session the period during which the Congress
stands adjourned for more than three days is treated as dies non.
Volume VIII, section 3368.
The Congress is not assembled until both House and Senate are in
session with a quorum present. Volume VI, section 5.
First instance in which a Congress convened for four sessions. Volume
VIII, section 3371.
Instance wherein a concurrent resolution was passed on the last day of
one session providing for a joint meeting of the two Houses on the
second day of the next session of the same Congress. Volume VIII,
section 3336.
(14) Of the House.--Hour of meeting.
At the beginning of each session the House fixes by resolution the
daily hour of meeting. Volume I, sections 104-109.
Where special order provides for convening of daily sessions at 11
o'clock while a bill is under consideration, the House meets at 11
o'clock only on days when consideration of the bill is in order. Volume
VII, section 763.
(15) Of the House.--The Legislative Day.
In contemplation of the rules and special orders of the House a day is
the legislative day and not a calendar day, and the two are not always
the same. Volume IV, section 3192.
The legislative day continues until terminated by an adjournment,
irrespective of the passage of calendar days. Volume V, sections 6738,
6739.
There must be an adjournment before the legislative day will terminate,
and an adjournment does not take place by reason of the arrival of the
time for the regular daily meeting of the House. Volume V, sections
6738, 6739.
When, through an erroneous announcement of the vote, the House is
declared adjourned and, in fact, disperses, when actually it had voted
not to adjourn, the session when it next meets is nevertheless a new
legislative day. Volume V, section 6734.
A session of the House extending by failure to adjourn through the
succeeding calendar day, a special order for the legislative day
expected to be held on that calendar day falls, as the session is of
the legislative day. Volume IV, section 3192.
When a special order requires a recess at a certain hour of a certain
day the recess is not taken if the encroachment of a prior legislative
day prevents the existence of the said certain day as a legislative
day. Volume IV, section 3192.
In a single instance at the close of a session the Journal was dated on
the calendar day, rather than the legislative day, in order to conform
to the Senate records. Volume IV, section 2746.
In counting the three days required by the Consent Calendar rule
holidays or days on which the House is not in session are not construed
as legislative days and are not included. Volume VII, section 994.
(16) Of the House.--As to Sunday.
For many years the House has continued its session of Saturday into
Sunday when under stress of business. Volume V, section 6728.
An adjournment does not necessarily take place at 12 o'clock (midnight)
Saturday, the House having power to continue in session on Sunday if it
be so pleased. Volume V, sections 6728, 6729.
SESSIONS--Continued.
(16) Of the House.--As to Sunday--Continued.
The propriety of continuing a session into Sunday does not constitute a
question of order for the Speaker, who may not adjourn the House
against its will. Volume V, section 6728.
(17) Of the House.--Adjournment Over.
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.
While neither House may adjourn for more than three days during a
session of congress without the consent of the other, either may
adjourn ad libitum with the consent of the other House. Volume VIII,
section 3363.
The House has by standing order provided that it should meet on two
days only of each week instead of daily. Volume V, section 6675.
(18) Of the House.--Secret.
A rule not invoked for many years provides for secret sessions of the
House whenever the President may 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.
While a rule of the House provides for secret sessions, it is long
obsolete, and the convening of the House in secret session is a
procedure unprecedented for more than a century. Volume VI, section
434.
A motion to go into executive session is in order when any Member shall
inform the House that he has communications which he believes should be
considered in confidence, and takes precedence of a motion to resolve
into the Committee of the Whole for the consideration of an
appropriation bill. Volume VIII, section 3630.
At joint sessions of the two Houses the presiding officer of the House
extending the invitation occupies the Chair. Volume VIII, section 3333.
Each House has a right to hold secret sessions whenever in its judgment
the proceedings should require secrecy. Volume II, section 1640.
When messages of a confidential nature were received from the President
or Senate the House went into secret session. Volume V, sections 7251,
7252.
In 1853 the House declined to go into secret session. Volume V, section
7253.
As late as 1843 the President transmitted a message in part
confidential. Volume V, section 7255.
The House has declined to be bound to secrecy by act of the Senate.
Volume V, section 7249.
The motion to remove the injunction of secrecy must be made with closed
doors. Volume V, section 7254.
When legislation is enacted in secret session messages are delivered
confidentially by committees of Members. Volume V, section 7250.
An illustration of legislation by the two Houses each acting in secret
session. Volume V, section 7250.
In the election of President by the House in 1825 there was a strong
but not prevailing sentiment that the galleries should not be closed.
Volume III, section 1984.
(19) Of the House.--Joint.
The rule for the seating of officers and Members at a joint session of
the two Houses for counting the electoral vote. Volume III, section
1920.
The centennial of the inauguration of George Washington was observed by
exercises at a joint session of the two Houses. Volume V, section 7060.
Washington's Farewell Address was read at a joint session of the two
Houses in 1862. Volume V, section 7070.
The House and Senate, in joint session, received the King of Hawaii.
Volume V, section 7087.
The time occupied by a joint meeting of the two Houses is not counted
in the time of the House's legislative session. Volume IV, section
3069.
SESSIONS--Continued.
(19) Of the House.--Joint--Continued.
In 1913 President Wilson resumed the custom of delivering messages in
the form of an address before the joint session of the two Houses.
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.
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.
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.
Ceremonies at the joint session to receive General Pershing. Volume
VIII, section 3535.
(20) Of the House.--Committees Not to Sit During.
Committees may not sit during sessions of the House. Volume IV, section
4545.
No committee, except the Committee on Rules, may, without leave, sit
during the sitting of the House. Volume IV, section 4548.
A subcommittee is sometimes authorized to sit during sessions of the
House. Volume IV, section 4548.
(21) Of the House.--In General.
In the latest practice the parliamentary rule that messages are to be
sent only when both Houses are sitting has been observed. Volume V,
sections 6603, 6604.
In has been held that the House is technically in session during the
period of organization. Volume I, section 87.
Form of a standing order under which the House met on two days only of
each week until a specified date unless sooner convened by the Speaker.
Volume VI, section 715.
Instance in which the House by ``gentleman's agreement,'' provided for
nominal sessions during which no business should be transacted. Volume
VII, section 760.
The House having agreed to an order for formal sessions on two days
only of each week over an extended period, authorized the Speaker to
appoint speakers pro tempore at will during that time. Volume VI,
section 267.
In providing for merely formal sessions, the House has authorized the
speaker to designate a date on which the regular routine of the House
should be resumed. Volume VIII, section 3369.
(22) During the Electoral Count.
The electoral count occurs in the Hall of the House at 1 p.m. on the
second Wednesday of February succeeding every meeting of electors.
Volume III, section 1918.
The statutes prescribe directions as to recesses and adjournment of the
joint meeting and the two Houses during the count of the electoral
vote. Volume III, section 1919.
During the prolonged proceedings of the electoral count of 1877 the
House and Senate caused each calendar day to be journalized as a
legislative day. Volume III, section 1927.
Senators who had been candidates for the office of Vice President in
the election did not attend the joint session for the count of the
electoral vote. Volume VI, section 445.
SETTLE.
The North Carolina election case of Williams v. Settle in the Fifty-
third Congress. Volume II, sections 1048, 1049.
SEWARD, GEORGE F.
The investigation into the conduct of George F. Seward, late consul-
general at Shanghai. Volume III, section 2514.
For declining to testify or to obey a subpoena duces tecum commanding
him to produce certain papers to be used in impeachment proceedings
against himself, George F. Seward was arraigned for contempt. Volume
III, sections 1699, 1700.
SEYMOUR, ORIGEN S., of Connecticut, Chairman.
Decisions on questions of order relating to--
Authorization of appropriations. Volume IV, section 3621.
Enacting clause, motion to strike out. Volume V, section 5329.
SHAFROTH.
The Colorado election case of Bonynge v. Shafroth in the Fifty-eight
Congress. Volume I, section 742.
SHANKS.
The Indiana election case of Shanks v. Neff in the Forty-third
Congress. Volume I, section 609.
SHARP.
The New York election case of Colden v. Sharp in the Seventeenth
Congress. Volume I, section 638.
SHAW.
The North Carolina election case of Thompson v. Shaw in the Fifty-
fourth Congress. Volume II, section 1081.
SHEAFE.
The Tennessee election case of Sheafe v. Tillman in the Forty-first
Congress. Volume II, section 884
SHELDON.
The Louisiana election cases of Hunt v. Sheldon, Sypher v. St. Martin,
Kennedy and Morey v. McCranie, Newsham v. Ryan, and Darrall v. Bailey,
in the Forty-first Congress. Volume I, sections 328-336.
SHELLEY.
The Alabama election case of Jones v. Shelley in the Forty-seventh
Congress. Volume I, section 714.
The Alabama election case of Smith v. Shelley in the Forty-seventh
Congress. Volume II, section 965.
The Alabama election case of Craig v. Shelley in the Forty-eighth
Congress. Volume II, section 995.
SHERIDAN.
The Louisiana election cases of Sheridan v. Pinchback and Lawrence v.
Sypher in the Forty-third Congress. Volume I, sections 623-626.
SHERLEY, SWAGAR, of Kentucky, speaker pro tempore.
Decisions on questions of order relating to--
Speaker pro tempore, authority to issue warrants. Volume VI, section
688.
Voting. Volume VIII, section 3152.
SHERMAN, CHARLES T.
The investigation into the conduct of Charles T. Sherman, district
judge of the United States for the northern district of Ohio. Volume
III, section 2511.
SHERMAN, JOHN, of Ohio, President Pro Tempore.
Decision on question of order relating to--
Messages. Volume V, section 6650.
SHERMAN, JAMES S., of New York, Vice President, Speaker Pro Tempore and
Chairman.
Decisions on questions of order relating to--
Adjourn, motion to. Volume V, section 5366.
Amendments. Volume II, section 1327. Volume V, section 5783.
Amendments germane. Volume V, sections 5812-5816.
Amendments not germane. Volume V, sections 5856, 5867, 5896.
SHERMAN, JAMES S., of New York, Vice President, Speaker Pro Tempore and
Chairman--Continued.
Decisions on questions of order relating to--Continued.
Appeals. Volume V, section 6949.
Appropriation bills. Volume IV, sections 3565, 3746, 4038.
Appropriations for salaries. Volume IV, sections 3686, 3688-3690.
Authorization of appropriations. Volume IV, sections 3634, 3636, 3673,
3761. Volume V, section 5783.
Committee of the Whole. Volume IV, section 4748.
Congressional Record. Volume V, section 6985.
Continuation of a public work. Volume IV, sections 3604, 3724, 3732,
3734, 3735, 3737, 3742, 3746, 3747, 3755, 3756, 3758, 3759, 3762, 3773,
3774, 3797.
Debate. Volume V, section 5159.
Dilatory motions. Volume V, section 5736.
Disorder in Committee of the Whole. Volume II, section 1350.
Five-minute debate. Volume V, sections 5246, 5249.
Forty-minute debate. Volume V, section 5508.
General debate. Volume V, section 5232.
Legislation on appropriation bills. Volume IV, sections 3761, 3837,
3853, 3862, 3874, 3877, 3879, 3880, 3974,
Limitations on appropriations. Volume IV, sections 3917, 3918, 3921,
3924, 3928, 3959, 3963, 3968-3970, 3978, 3982, 4000, 4001, 4002, 4007,
4009-4011.
Points of order. Volume IV, sections 3968, 4748.
Privilege. Volume III, sections 2543, 2544.
Quorum. Volume VI, sections 645, 656.
Reading of papers. Volume V, section 5290.
Recognition. Volume V, sections 5004, 5005.
Reports of committees. Volume VIII, section 2226.
Special order. Volume IV, section 3215.
Tellers. Volume V, section 5997.
Voting. Volume IV, section 2971.
Yielding Time. Volume V, section 5036.
SHIEL.
The Oregon election case of Shiel v. Thayer in the Thirty-seventh
Congress. Volume II, sections 613, 846.
SHIELDS.
The Senate election case of James Shields, of Minnesota, in the Thirty-
fifth Congress. Volume I, section 399.
The Missouri election case of Shields v. Van Horn in the Forty-first
Congress. Volume II, section 883.
SHIPBUILDING.
The general subjects of shipbuilding, admission of foreign-built ships,
registering and licensing of vessels are within the jurisdiction of the
Committee on Merchant Marine and Fisheries. Volume IV, section 4134.
SHIPPING.
The jurisdiction of subjects relating to the ``merchant marine and
fisheries'' is given by the rule to the Committee on Merchant Mariner
and Fisheries. Volume IV, section 4129.
The transportation of passengers on shipping is a subject within the
jurisdiction of the Committee on the Merchant Marine and Fisheries.
Volume VII, section 1852.
The inspection of steam vessels as to hulls and boilers is generally
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4133.
SHIPPING--Continued.
The naming and measuring of vessels are subjects within the
jurisdiction of the Committee on Merchant Marine and Fisheries. Volume
IV, section 4132.
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 navigation and the navigation laws and regulations of
shipping in Hawaii and even in the Philippines have been considered by
the Committee on Merchant Marine and Fisheries. Volume IV, section
4130.
Collisons, coasting districts, marine schools, etc., are subjects of
doubtful jurisdiction between the Committees on Merchant Marine and
Fisheries and Interstate and Foreign Commerce. Volume IV, section 4146.
The regulation of small vessels propelled by naphtha, etc., and the
transportation of inflammable substances on passenger vessels are
generally but not exclusively reported by the Committee on Merchant
Marine and Fisheries. Volume IV, section 4142.
Conditions relating to the health of seamen are within the jurisdiction
of the Committee on Merchant Marine and Fisheries. Volume IV, section
4141.
The shipping, wages, treatment, and protection of seamen are subjects
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4140.
Protection from fire on vessels is a subject which, under the later
practice, has been considered by the Committee on Merchant Marine and
Fisheries. Volume IV, section 4141.
Bills relating to the titles, conduct, and licensing of officers of
vessels, under the more recent practice, have been considered by the
Committee on Merchant Marine and Fisheries. Volume IV, section 4139.
Bills to extend and increase the merchant marine, even when including
the subject of a naval reserve, have been reported by the Committee on
Merchant Marine and Fisheries. Volume IV, section 4138.
Bills of lading, liability of shipowners, and entering and clearing of
vessels are subjects which have been within the jurisdiction of the
Committee on Interstate and Foreign Commerce. Volume IV, section 4137.
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\6\ to the Committee on Merchant Marine and
Fisheries. Volume VII, section 1809.
The subject of rules to prevent collisions at sea and international
arrangements therefor have been reported by the Committee on Merchant
Marine and Fisheries. Volume IV, section 4135.
Lights and signals on vessels are subjects that have been considered
both by the Committees on Merchant Marine and Fisheries and Interstate
and Foreign Commerce. Volume IV, section 4135.
The Privileges of foreign vessels in American ports, bills of lading,
contracts in export trade and wrecks in international waters have been
reported generally by the Committee on Interstate and Foreign Commerce.
Volume IV, section 4144.
Bills of lading as evidence, bonds in admiralty cases, willful
destruction of vessels, mutiny, etc., are subjects within the
jurisdiction of the Committee on the Judiciary. Volume IV, section
4145.
SHIPS.
Bills establishing light-houses and fog signals and authorizing light-
ships are reported by the Committee on Interstate and Foreign Commerce.
Volume IV, section 4104.
SHIVELY, BENJAMIN F., of Indiana, Chairman.
Decision on question of order relating to continuation of a public
work. Volume IV, section 3730.
SHOBER.
The North Carolina election case of Boyden v. Shober in the Forty-first
Congress. Volume I, section 456.
SHONK.
The Pennsylvania election case of Reynolds v. Shonk in the Fifty-second
Congress. Volume I, section 682.
SHOOTING RANGES.
The protection of migratory birds, the establishment of refuges for
that purpose, and the regulation of hunting and shooting grounds in
that connection are subjects within the jurisdiction of the Committee
on Agriculture. Volume VII, section 1870.
An appropriation for the establishment of shooting ranges and the
purchase of prizes and trophies was held not to be in order on an
appropriation bill. Volume VII, section 1242.
SHOUP.
The Senate election case of Shoup and McConnell, from Idaho, in the
Fifty-first Congress. Volume I, section 573.
SHRUBS.
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.
SIBLEY.
The election case of Henry H. Sibley claiming a seat as a Delegate from
Wisconsin in the Thirtieth Congress. Volume I, section 404.
SICKLES.
The New York election case of Williamson v. Sickles in the Thirty-sixth
Congress. Volume I, sections 597, 598.
SIEGEL.
The New York election case of Cantor V. Siegel in the Sixty-fourth
Congress. Volume VI, section 102.
SIGNALS.
Lights and signals on vessels are subjects that have been considered
both by the Committees on Merchant Marine and Fisheries and Interstate
and Foreign Commerce. Volume IV, section 4135.
SIGNING. See also ``Bills.''
(1) Of bills.--By the Speaker.--In gneral.
(2) Of bills.--By the Speaker.--In case of error.
(3) Of bills.--By a speaker pro tempore.
(4) Of bills.--By other Officers of Congress.
(5) Of bills.--By the President of the United States.--Constitutional
requirement.
(6) Of bills.--By the President of the United States.--Presentation of.
(7) Of bills.--By the President of the United States.--In case of
errors.
(8) Of bills.--By the President of the United States.--Messages in
relation to.
(9) Of bills.--By the President of the United States.--Manner of.
(10) Of bills.--By the President of the United States.--As related to
adjournment.
(11) Of bills.--By the President of the United States.--Vetoes.
(12) Of bills.--By the President of the United States.--In general.
(13) Of reports.--In general.
(14) Of reports.--Of conferences.
(15) Of election returns.
(16) Of papers in an impeachment.
SIGNING--Continued.
(17) Of objections during the electoral count.
(18) Of motions to discharge committees.
(1) Of Bills.--By the Speaker.--In General.
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 House may, by unanimous consent, authorize the Speaker to sign an
enrolled bill that is not certified by report of the committee. Volume
IV, section 3452.
The House may be suspension of the rules waive the usual requirements
as to the examination of enrolled bills. Volume IV, section 3441.
Enrolled bills are signed first by the Speaker, then by the President
of the Senate. Volume IV, section 3429.
The Speaker may not sign an enrolled bill in the absence of a quorum.
Volume III, section 3458.
The Speaker declines to sign an enrolled bill until a pending motion to
reconsider has been disposed of. Volume V, section 5705.
Instance wherein bills passed at one session were signed by the Speaker
at the next session. Volume VII, section 1075.
While the House was balloting for the election of a President of the
United States in 1801 the Speaker signed enrolled bills, and messages
were received but not acted on (footnote). Volume III, section 1983.
Question as to the disposition of an enrolled bill in a case where the
beneficiary had died before the bill was signed by the Speaker. Volume
IV, sections 3468, 3469.
By unanimous consent the Speaker, on request of the Senate, was
authorized to cancel his signature to an enrolled pension bill, the
beneficiary of which was dead. Volume IV, sections 3455, 3456.
A request of the Senate that the House vacate the signature of the
Speaker to an enrolled bill was denied by the House, unanimous consent
being refused. Volume IV, section 3457.
A final conference report providing that the House recede from the only
disagreement was agreed to by the House, and then the presiding
officers of the two Houses signed the bill, although the Senate has not
acted on the report. Volume V, section 6587.
(2) Of Bills.--By the Speaker.--In Case of Error.
Proceedings in correcting an error where the Speaker had signed the
enrolled copy of a bill which had not passed. Volume IV, section 3459.
Bills having been prematurely enrolled and signed by the presiding
officers, the two Houses authorized the cancellation of the signatures.
Volume IV, section 3454.
An error having been discovered in an enrolled bill, the House
authorized the Speaker to erase his signature and the error was
corrected by a concurrent resolution. Volume IV, section 3453.
The action of the Speaker in signing an enrolled bill was rescinded and
the bill was amended by a concurrent resolution. Volume VII, section
1080.
By concurrent resolution, the action of the Speaker and the Vice
President in signing an an enrolled bill was rescinded and the bill
amended. Volume VII, section 1078.
An error in the enacting clause of an enrolled bill was corrected by a
second enrollment and a second signature by the Speaker. Volume IV,
section 3451.
A Senate bill having been lost in the House after enrollment and
signature by the Speaker, a Senate resolution authorized the
preparation and delivery of a duplicate copy, which was signed by the
Speaker without further action by the House. Volume VII, section 1072.
Under authorization of a concurrent resolution, the Speaker announced
in the House the cancellation of his signature. Volume VII, section
1077.
SIGNING--Continued.
(2) Of Bills.--By the Speaker.--In Case of Error--Continued.
A request of the Senate that the House vacate the signature of the
Speaker to an enrolled bill was denied by the House, unanimous consent
being refused. Volume VII, section 1083. Dicta to the effect that a
request of the Senate for cancellation of the Speaker's signature and
the return of an enrolled bill could be taken up for consideration
under suspension of the rules. Volume VII, Section 1083.
A concurrent resolution authorized the presiding officers of the two
Houses to cancel their signatures to an enrolled bill failing to
conform to recommendations of the Secretary of War. Volume VII, section
1077.
(3) Of Bills.--By a Speaker Pro Tempore.
A Speaker pro tempore whose designation has received the approval of
the House signs enrolled bills and appoints committees. Volume VII,
section 1404.
There being doubt about the signing of enrolled bills by a Speaker pro
tempore designated by the Speaker, the House proceeded to elect. Volume
II, section 1401.
A Member called to the chair during the day's sitting does not sign
enrolled bills. Volume II, sections 1399, 1400. Volume VI, section 276.
The House approved the designation of a Speaker pro tempore as a
prerequisite to his signing enrolled bills. Volume VI, section 278.
Form of resolution approving designation of Speaker pro tempore and
authorizing him to sign enrolled bills and appoint committees. Volume
VI, section 272.
A Speaker pro tempore whose designation had received the approval of
the House signed enrolled bills. Volume VI, section 277.
A Speaker pro tempore elected by the House is sworn as a prerequisite
to signing enrolled bills. Volume VI, section 274.
The Senate by rule empowers a Presiding Officer by designation to sign
enrolled bills. Volume II, section 1403.
The Senate by resolution empowered its Acting President pro tempore to
sign enrolled bills. Volume II, section 1402.
(4) Of Bills.--By Other Officers of Congress.
The Secretary of the Senate having omitted to sign certain engrossed
Senate bills before they were sent to the House, he was admitted to
affix his signature. Volume IV, section 3427.
Instance in which the Vice President signed a bill passed and signed by
the Speaker at the preceding session. Volume VII, section 1076.
(5) Of Bills.--By the President of the United States.--Constitutional
Requirement.
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 concurrent resolutions should be sent to the
President for his signature. 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 resolution as are legislative in effect. Volume
IV, section 3483.
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.
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.
SIGNING--Continued.
(6) Of Bills.--By the President of the United States.--Presentation of.
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.
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 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.
Instance wherein a bill enrolled and signed by the Presiding Officers
of the two Houses at one session was sent to the President and approved
at the next session. Volume IV, section 3486.
Enrolled bills pending at the close of session were at the next session
of the same Congress ordered to be treated as if no adjournment had
taken place. Volume IV, sections 3487, 3488.
(7) Of Bills.--By the President of the United States.--In Case of
Errors.
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.
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.
An instance where the President returned a bill already signed by him
in order that the enrollment might be corrected. Volume IV, section
3505.
(8) Of Bills.--By the President of the United States.--Messages in
Relation to.
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.
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 notifies the House of bills that have become laws
without his approval. Volume IV, section 3503.
An instance where the President communicated his omission to sign a
bill through the committed appointed to notify him that Congress was
about to adjourn. Volume IV, section 3504.
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.
A bill sent to the President but not yet signed by him was recalled by
concurrent resolution. Volume VII, section 1091.
(9) Of Bills.--By the President of the United States.--Manner of.
The approval of a bill by the President of the United States is valid
only with his signature. Volume IV, section 3490.
SIGNING--Continued.
(9) Of Bills.--By the President of the United States.--Manner of--
Continued.
In 1842 a committee of the House discussed the act of President Jackson
in writing above his signature of approval a memorandum as to his
construction of the bill. Volume IV, section 3492.
The act of President Tyler in filing with a bill an exposition of his
reasons for signing it was examined and severely criticized by a
committee of the House. Volume IV, section 3492.
An instance where the President, in announcing his approval of a bill,
gave his reasons for so doing. Volume IV, section 3491.
At the close of the Fifty-ninth Congress the President approved bills
as of the house and minute of the calendar day instead as of the
legislative day. Volume IV, section 3489.
(10) Of Bills.--By the President of the United States.--As Related to
Adjournment.
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.
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.
It may be regarded as settled that the President of the United States
may effectively approve a bill when Congress is in recess for a
specified time. Volume IV, section 3493.
An instance where the President signed bills after Congress had
adjourned for a recess. Volume VII, section 1087.
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 wherein the President signed a bill after the adjournment
of Congress. Volume IV, section 3497.
(11) Of Bills.--By the President of the United States.--Vetoes.
A question as to the return of a vetoed bill, Congress being in recess
beyond the limit of ten days. Volume IV, section 3496.
A veto message may not be returned to the President of the United
States. Volume IV, section 3521.
Since the enactment of the statute the House takes no special action in
relation to transmitting to the Secretary of State bills passed over
the President's veto. Volume IV, sections 3528, 3529.
Before the enactment of the statute the House directed the Clerk to
take to the Secretary of State its bills passed over the President's
veto. Volume IV, sections 3525-3527.
(12) Of Bills.--By the President of the United States.--In General.
An enrolled bill, when signed by the President, is deposited in the
office of 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.
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.
(13) Of Reports.--In General.
A report sustained by a vote of a majority of the committee is not
impeached by the fact that a less number sign it. Volume II, section
1091.
In a committee a majority vote, a quorum being present, is sufficient
to authorize a report, even although later, by action of absentees,
those signing minority views outnumber those who voted for the report.
Volume IV, section 4585.
SIGNING--Continued.
(13) Of Reports.--In General--Continued.
While committee reports are ordinarily submitted without signature and
minority views require signature by those subscribing thereto, there
have been exceptional instances in which the former were signed and the
latter submitted without signature. Volume VIII, section 2229.
(14) Of Reports.--Of Conferences.
Conference reports must be signed by the managers. Volume VIII, section
3295.
A conference report is valid if signed by two of the three managers of
each House. Volume V, section 6323.
A conference report is received if signed by a majority of the managers
of each House. Volume V, sections 6497, 6498.
The signature of a majority of the managers of each House is sufficient
for a conference report. Volume V, sections 6500-6502.
Sometimes a manager indorses the report with a conditional approval or
dissent. Volume V, sections 6489-6496.
Instance wherein a House manager indorsed on a conference report his
dissent and protest. Volume V, section 6538.
The name of an absent manager may not be affixed to a conference
report, but the House and Senate may authorize him to sign the report
after it has been acted on. Volume V, section 6488.
In the early practice of the House conference committees did not make
identical reports to the two Houses and the reports were not signed.
Volume IV, section 3905.
In the early practice it was not essential that conference reports
should be either signed or printed in the Journal. Volume V, sections
6472-6480.
Since 1846 conference reports have generally been signed and appear in
the Journal. Volume V, sections 6481-6487.
Instance in 1848 wherein a conference report was signed by the managers
of the two Houses. Volume V, section 6538.
The statement accompanying a conference report should be in writing and
signed by at least a majority of the House managers. Volume V, sections
6505, 6506.
(15) Of Election Returns.
Failure of election officers to subscribe their names in full to their
affidavits and returns does not vitiate the returns. Volume II, section
1085.
The House being of opinion that votes were cast as returned, declined
to reject the return because not signed by the election judge, as
required by law. Volume II, section 847.
An election officer who was removed, but not notified of the fact, and
whose successor failed to qualify, was a de facto officer, and returns
signed by him were not properly rejected. Volume I, section 603.
A return not signed by the election officers as required by law is
properly rejected. Volume II, section 1055.
Returns not being signed by the election officers, and not being
sustained by evidence, they were rejected. Volume II, section 1032.
County returns informally signed, and the accuracy of which was
impeached by evidence, were rejected by the House. Volume II, section
1053.
(16) Of Papers in an Impeachment.
The articles in the Blount impeachment were signed by the Speaker and
attested by the Clerk. Volume III, section 2302.
The articles impeaching Judge Pickering, with signature of the Speaker
and attestation of the Clerk. Volume III, section 2328.
The article of impeachment in the Peck case was signed by the Speaker
and attested by the Clerk. Volume III, section 2370.
SIGNING--Continued.
(16) Of Papers in an Impeachment--Continued.
The articles impeaching President Johnson were signed by the Speaker
and attested by the Clerk. Volume III, section 2420.
The articles impeaching Judge Humphreys were signed by the Speaker and
attested by the Clerk. Volume III, section 2390.
The articles impeaching Secretary Belknap were signed by the Speaker
and attested by the Clerk. Volume III, section 2449.
The replication of the House to the plea in Blount's case was signed by
the Speaker and attested by the Clerk. Volume III, section 2311.
The replication in the Chase impeachment was signed by the Speaker and
attested by the Clerk. Volume III, section 2352.
The replication in the Johnson trial was signed by the Speaker and
attested by the Clerk. Volume III, section 2432.
The surrejoinder of the House of Representatives in the Belknap trial
was signed by the Speaker and attested by the Clerk. Volume III,
section 2455.
(17) Of Objections During the Electoral Count.
The certificates of electoral votes are presented to the joint meeting
in alphabetical order of States, and on being read are subject to
objection in writed signing by at least one Member and one Senator.
Volume III, section 1918.
(18) Of Motions to Discharge Committee.
Members sign motions to discharge committees at the Clerk's desk during
the session of the House and not elsewhere. Volume VII, sections 1008,
1009.
The rule providing for motions to discharge committee does not
authorize signature of such motions by proxy. Volume VII, section 1014.
When a majority of the membership of the House has signed a motion it
is entered on the Journal and referred to the Calendar of Motions to
discharge committees. Volume VII, section 1008.
Signatures to a motion to discharge committees are not made public
until the requisite number have signed and the motion appears in the
Journal and Record. Volume VII, section 1008.
After the motion has been on the calendar seven days any signer may
call it up for consideration on second or fourth Mondays and the House
proceeds to its consideration; if agreed to, any Member may move the
immediate consideration of the bill which shall remain the unfinished
business until disposed of. Volume VII, section 1007.
SILVER.
Subjects relating to the coinage of silver and purchase of bullion have
been within the jurisdiction of the Committee on coinage, Weights, and
Measures. Volume IV, section 4093.
SILVER CERTIFICATES.
The jurisdiction of the subject of the issue of silver certificates as
currency was given to the Committee on Banking and Currency. Volume IV,
sections 4087, 4088.
SIMILITER.
Forms of rejoinder, surrejoinder, and similiter filed in the Belknap
trial. Volume III, section 2455.
SIMMONS, ROBERT G., of Nebraska, Speaker pro tempore.
Decisions on questions or order relating to--
Decision of order. Volume VI, section 715.
SIMONTON.
James W. Simonton, a witness before a House committee, was arrested and
arraigned at the bar for declining to answer a material question.
Volume III, section 1669.
SIMPLE CONFERENCE.
Vice-President Hamlin's definition of free and simple conferences.
Volume V, section 6403.
SIMPSON.
The South Carolina election case of Wallace v. Simpson. Volume I,
sections 620-622.
SIMS.
The Tennessee election case of Davis v. Sims in the Fifty-eighth
Congress. Volume II, sections 1132, 1133.
SIMS, THETUS W., of Tennessee, Chairman.
Decisions on questions of order relating to--
Appropriations. Volume VII, section 1138.
Call of the House. Volume VI, section 707.
Debate. Volume VIII, section 2504.
SINCLAIR.
The case of Harry F. Sinclair, a recalcitrant witness, in 1924. Volume
VI, section 336.
SINE DIE.
As to what constitutes a sine die adjournment of a legislative body.
Volume V, section 6689.
A resolution providing for a sine die adjournment is not debatable.
Volume VIII, section 3372.
Instance wherein a concurrent resolution fixing the time of final
adjournment was rescinded by action of the two Houses. Volume V,
section 6700.
SIROVICH.
The New York election case of Sirovich v. Perlman, in the Sixty-ninth
Congress. Volume VI, section 169.
SITTING MEMBER. See ``Elections of Representatives.''
SITTING OF A COMMITTEE.
No committee, except the Committee on Rules, may, without leave, sit
during the sitting of the House. Volume IV, section 4546.
A subcommittee is sometimes authorized to sit during sessions of the
House. Volume IV, section 4548.
The House may empower a committee to sit during a recess which is
within the constitutional session of the House. Volume IV, sections
4541-4543.
In 1877 the House authorized its members of the Electoral Commission to
sit during the session of the House. Volume IV, section 4549.
A request that a committee have leave to sit during the sessions of the
House has no privileged status in the order of business and may be
prevented by a single objection. Volume IV, section 4547.
Instance wherein a special committee of investigation was authorized to
sit after adjournment of the current Congress and report to the
succeeding Congress. Volume VI section 550.
The House has by resolution authorized a committee of investigation to
sit wherever it might deem necessary. Volume VI, section 373.
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.
The two Houses, by concurrent resolution, constituted a joint select
committee of investigation, with power to send for persons and papers
and sit during the recess of Congress. Volume VI, section 380.
Pursuant to authorization to ``meet at such places as said committee
deems advisable,'' subcommittees of a select committee held hearings in
various States of the Union and in Europe. Volume VI, section 376.
SIX DAYS.
Motions to suspend the rules may be entertained by the Speaker on the
first and third Mondays of each month and on the last six days of a
session. Volume V, section 6790.
A conference report and accompanying statement are required to be
printed in the Congressional Record before being considered, except
during the last six days of a session. Volume V, section 6516.
SKINNER.
The North Carolina election case of Pool v. Skinner in the Forty-eighth
Congress. Volume I, section 312.
SLAVES.
While slavery existed the House declared that slaves did not posses the
right of petition. Volume IV, section 3342.
SLEEPER.
The Massachusetts election case of Sleeper v. Rice in the Thirty-eighth
Congress. Volume II, section 849.
SLEMONS.
The Arkansas election case of Bradley v. Slemons in the Forty-sixth
Congress. Volume II, sections 936-938.
SLOAN.
The Georgia election case of Sloan v. Rawls in the Forty-third
Congress. Volume II, sections 895-897.
SMALLS.
The South Carolina election case of Tillman v. Smalls in the Forty-
fifth Congress. Volume II, section 926.
The South Carolina election case of Smalls v. Tillman in the Forty-
seventh Congress. Volume II, sections 968-970.
The South Carolina election case of Smalls v. Elliott in the Fiftieth
Congress. Volume II, sections 1013-1015.
SMITH, CALEB B., of Indiana, Chairman.
Decision on question of order relating to--
Debate. Volume V, section 4997.
SMITH, ELECTION CASES OF.
The South Carolina election case of William Smith in the First
Congress. Volume I, section 420.
The Vermont election case of Lyon v. Smith in the Fourth Congress.
Volume I, section 761.
The New York election cases of Willoughby v. Smith in the Fourteenth
Congress. Volume I, section 648.
The Virginia election case of Smith v. Banks in the Twenty-seventh
Congress. Volume I, section 805.
The election cases of Hugh N. Smith and William S. Messervey, claiming
seats as Delegates from New Mexico, in the Thirty-first Congress.
Volume I, sections 405, 406.
The Kentucky election case of Smith v. Brown in the Fortieth Congress.
Volume I, sections 449, 450.
The Louisiana election case of Smith v. Robertson in the Forty-seventh
Congress. Volume I, section 750.
The Alabama election case of Smith v. Shelley in the Forty-seventh
Congress. Volume II, section 965.
The West Virginia election case of Smith v. Jackson in the Fifty-first
Congress. Volume I, sections 581-588.
The Maryland election case of Jackson v. Smith in the Fifty-ninth
Congress. Volume I, section 711.
SMITH, ELECTION CASES OF--Continued.
The Tennessee election case of Smith v. Massey in the Sixty-first
Congress. Volume VI, section 101.
The North Carolina election case of Smith v. Webb in the Sixty-first
Congress. Volume VI, section 97.
The Michigan election case of Carney v. Smith in the Sixty-third
Congress. Volume VI, section 91.
The Senate election case of Frank L. Smith, of Illinois, in the
Seventieth Congress. Volume VI, section 179.
The Senate election case of Cutler and Smith from Louisiana in the
Thirty-eighth Congress. Volume I, section 385.
The Senate election cases of Smith, Winthrop, Phelps, and Cass. Volume
I, sections 787-790.
The Senate case of John W. Smith, from Maryland, in the Sixtieth
Congress. Volume VI, section 88.
SMITH, JOHN.
The Senate failed by one vote to expel John Smith, charged with
participation in a treasonable conspiracy. Volume II, section 1264.
SMITH, JOSEPH L.
The investigations into the conduct of Judge Joseph L. Smith in 1825
and 1826. Volume III, section 2490.
SMITH, SYLVESTER C., of California, Chairman.
Decisions on questions of order relating to--
Appropriations. Volume VII, section 1402.
SMITH, WILLIAM.
The South Carolina case of William Smith, the first election case in
the First Congress. Volume I, section 420.
SMITH, WILLIAM A., of Michigan, Chairman.
Decisions on questions of order relating to--
Committee on Rivers and Harbors. Volume IV, section 3903.
River and harbor bill. Volume IV, section 4119.
SMITHSONIAN INSTITUTION.
Vacancies and appointments on the Board of Regents of the Smithsonian
Institution. Volume V, sections 7338, 7339.
Resignation and expulsion from the Board of Regents of the Smithsonian
Institution. Volume V, sections 7340, 7341.
The general affairs of the Smithsonian Institution, accepting
appropriations therefor and the incorporation of similar institutions
are within the jurisdiction of the House branch of the Joint Committee
on the Library. Volume IV, section 4346. Volume VII, section 2084.
Authorization for designs of Library and Museum buildings within the
District of Columbia and the erection of buildings on the grounds of
the Smithsonian Institution are within the jurisdiction of the
Committee on Public Buildings and Grounds and not the Committee on the
Library. Volume VII, section 1971.
The Smithsonian Institution though under the control of the United
States is not Government property and an appropriation for its
alternation or repair is not in order on an appropriation bill. Volume
III, section 1339.
SMOKING.
By rule the Member is restricted as to his movements during business or
debate and as to wearing his hat and smoking. Volume II, section 1136.
Volume VI, section 190.
Discussion of the importance of observing the rule against remaining at
the desk during roll call, and smoking in the Hall of the House. Volume
VI, section 193.
SMOOT.
The Senate case relating to the qualifications of Reed Smoot, from
Utah, in the Fifty-eighth Congress. Volume I, sections 481-483.
The Senate declined to exclude Reed Smoot for alleged disqualifications
other than those specified in the Constitution. Volume I, section 483.
SMYTHE.
The investigation into the conduct of Henry A. Smythe, collector of the
port of New York. Volume III, section 2501.
SNELL, BERTRAND H., of New York, Chairman.
Decisions on questions of order relating to--
Amendment. Volume VIII, sections 2849, 3193, 3425.
Amendment, germaneness of. Volume VIII, section 2952.
Appropriations. Volume VII, sections 1261, 1443, 1444, 1450, 1607,
1697. Volume VIII, section 3427.
Bills. Volume VII, section 1052.
Debate. Volume VIII, sections 2453, 2478, 2500, 2533.
Delegates. Volume VI, section 242.
Holman rule. Volume VII, section 1570.
Question of consideration. Volume VIII, section 2446.
Reading. Volume VIII, section 2349.
Reports of committees. Volume VIII, sections 2235, 2239, 2250.
SNYDER.
The Arkansas election case of Bell v. Snyder in the Forty-third
Congress. Volume II, section 900.
SOCIAL PRECEDENCE.
Reference to the social precedence of the Speaker (footnote). Volume
II, section 1309.
SOCIETIES, INCORPORATION OF.
The Committee on the District of Columbia has reported bills for the
incorporation of organizations and societies. Volume VII, section 2006.
Bills providing for the incorporation of societies in the District of
Columbia are within the jurisdiction of the Committee on the District
of Columbia. Volume VII, section 2013.
SOLDIERS.
Eminent American soldiers have been received informally by the House.
Volume V, sections 7076-7079.
Managers of the National Home for Disabled Volunteer Soldiers are
elected by joint resolution of Congress. Volume V, section 7336.
Instance of returns of an election made by military officers under
authority of reconstruction acts. Volume I, section 326.
Legislation authorizing hospital facilities for soldiers, sailors, and
marines has been reported by the Committee on Public Buildings and
Grounds, although jurisdiction over that subject is now exercised by
the Committee on World War Veterans' Legislation. Volume VII, section
1969.
Legislation authorizing hospital facilities for soldiers, sailors, and
marines is within the jurisdiction of the Committee on World War
Veterans' Legislation. Volume VII, section 2079.
Discussion as to domicile and validity of votes cast by soldiers.
Volume VI, section 114.
The domicile of soldiers in the service of the United States is
established by nativity or by residence with the requisite intention or
derivative as that of family or dependents. Volume VI, section 148.
The Committee on Invalid Pensions reports general and special bills
authorizing payments of pensions to soldiers of the civil war, but
actual appropriations therefor are reported by the Committee on
Appropriations. Volume VII, section 1988.
SOLDIERS' HOME.
A bill authorizing a new Soldiers' Home is reported by the Committee on
Military Affairs, but the appropriation therefor comes from the
Committee on Appropriations. Volume IV, section 4051.
The appointment of managers for the National Home for Disabled
Volunteer Soldiers being vested by law in Congress, a paragraph making
such appointment was held in order on the sundry civil appropriation
bill. Volume IV, section 4052.
Legislation relating to the National Soldiers' Homes is within the
jurisdiction of the Committee on Military Affairs. Volume IV, section
4185.
SOLDIERS' ROLL.
The Doorkeeper has control of the messengers on the soldiers' roll.
Volume I, section 262.
SOUTH CAROLINA.
House election cases from:
First Congress.--William Smith. Volume I, section 420.
Fifteenth Congress.--Elias Earle. Volume I, section 498.
Forty-first Congress.--Hoge and Reed and Wallace v. Simpson. Volume I,
sections 620-622.
Forty-second Congress.--Bowden v. Delarge. Volume I, section 505.
Forty-second Congress.--McKissick v. Wallace. Volume I, section 651.
Forty-fourth Congress.--Buttz v. Mackey. Volume II, section 920.
Forty-fourth Congress.--Lee v. Rainey. Volume I, section 641.
Forty-fifth Congress.--Richardson v. Rainey. Volume II, section 925.
Forty-fifth Congress.--Tillman v. Smalls. Volume II, section 926.
Forty-seventh Congress.--Samuel Dibble. Volume I, section 571.
Forty-seventh Congress.--Lee v. Richardson. Volume II, sections 982,
983.
Forty-seventh Congress.--Mackey v. O'Connor. Volume I, sections 735,
736.
Forty-seventh Congress.--Smalls v. Tillman. Volume II, sections 968-
970.
Forty-seventh Congress.--Stolbrand v. Aiken. Volume I, section 719.
Fiftieth Congress.--Smalls v. Elliott. Volume II, sections 1013-1015.
Fifty-first Congress.--Miller v. Elliott. Volume II, section 1034.
Fifty-second Congress.--Miller v. Elliott. Volume II, section 1045.
Fifty-fourth Congress.--Moornan v. Latimer. Volume II, section 1066.
Fifty-fourth Congress.--Murray v. Elliott. Volume II, section 1074.
Fifty-fourth Congress.--Wilson v. McLaurin. Volume II, section 1075.
Fifty-seventh Congress.--Johnston v. Stokes. Volume II, section 1126.
Fifty-eighth Congress.--Dantzler v. Lever. Volume II, section 1134.
Fifty-ninth Congress.--Jacobs v. Lever, Myers v. Patterson, and
Prioleau v. Legare. Volume II, section 1135.
Sixtieth Congress.--Dantzler v. Lever, Prioleau v. Legare, and Myers v.
Patterson. Volume VI, section 122.
Sixty-first Congress.--Richardson v. Lever, Prioleau v. Legare, and
Myers v. Patterson. Volume VI, section 128.
Sixty-second Congress.--Prioleau v. Legare. Volume VI, section 130.
Sixty-third Congress.--Richard S. Whaley. Volume VI, section 77.
Sixty-fourth Congress.--Prioleau v. Whaley. Volume VI, section 142.
Senate election case from:
Fourty-fifth Congress.--Corbin v. Butler. Volume I, sections 628-631.
In 1877 objection was made to one of the conflicting electoral
certificates from South Carolina on the grounds that the election was
not legal for want of proper law, that there was no republican form of
government in the State, etc., but the certificate was admitted. Volume
III, section 1977.
SOUVENIR COINS.
Authorization for issuance of souvenir and commemorative coins is
reported by the Committee on Coinage, Weights, and Measures. Volume
VII, section 1801.
SPAULDING
The Georgia election case of Spaulding vs. Mead in the Ninth Congress.
Volume I, section 637.
SPEAKER.
(1) The office.--Dignity of.
(2) The office.--Term of.
(3) The office.--Compensation of.
(4) The office.--Relations to committee service.
(5) The office.--In relation to participation in debate.
(6) The office.--The right to vote.
(7) Election of.--Chosen by the House.
(8) Election of.--Proceedings preliminary to.--Preservation of order,
etc.
(9) Election of.--Proceedings preliminary to.--Motions, debate, etc.
(10) Election of.--By majority vote.
(11) Election of.--By viva voce vote.
(12) Election of.--Contests over.
(13) Election of.--Taking the chair and the oath.
(14) Election of.--Procedure after.
(15) Election of.--When election as a Member is contested.
(16) Death of.
(17) Absence of.
(18) Resignation of.
(19) Charges and complaints against.
(20) Leaves the chair during consideration of a question relating to
himself.
(21) Appoints committees.--Direction of the former rule as to standing
committees.
(22) Appoints committees.--Rules as to select committees.
(23) Appoints committees.--When the House appoints.
(24) Appoints committees.--When a Speaker pro tempore appoints.
(25) Appoints committees.--Ratio of majority and minority
representation.
(26) Appoints committees.--Status of Member as related to.
(27) Appoints committees.--Filling vacancies, etc.
(28) Appoints committees.--Chairmen of.
(29) Appoints committees.--For impeachments.
(30) Appoints committees.--In general.
(31) Appoints managers of a conference.
(32) Sometimes appoints managers of an impeachment.
(33) Appoints tellers for the electoral count.
(34) Appoints and removes official reporters of debates and committee
stenographers.
(35) Appoints visitors, trustees, regents, etc.
(36) Administers the oath.--Source of the authority.
(37) Administers the oath.--To the Members when they take their seats.
(38) Administers the oath.--The power not arbitrary, but controlled by
the House.
(39) Administers the oath.--To witnesses.
(40) Duty as to the quorum.--Counts when there is no record vote.
(41) Duty as to the quorum.--When the yeas and nays are taken.
(42) Duty as to the quorum.--In general.
(43) Preserves order.--On the floor, in the galleries, etc.
(44) Preserves order.--Intervenes in Committee of the Whole.
(45) Preserves order.--The ``call to order'' during debate.
(46) Decides questions of order.--General principles.
SPEAKER--Continued.
(47) Decides questions of order.--Sometimes reserves decision.
(48) Decides questions of order.--Rarely submits them to the House
itself.
(49) Decides questions of order.--As to questions of privilege.
(50) Decides questions of order.--Does not pass on the legislative
effect of a proposition.
(51) Decides questions of order.--GDoes not pass on the constitutional
powers of the House.
(52) Decides questions of order.--General matters not for his decision.
(53) Decides questions of order.--Authority as to reports of
committees.
(54) Decides questions of order.--As to conference reports and
statements.
(55) Decides questions of order.--Review of, on appeal.
(56) Decides questions of order.--GInstances of decisions overruled and
principles established thereby.
(57) Duty as to motions and votes.--Rarely submits a motion from the
floor.
(58) Duty as to motions and votes.--Putting the question.
(59) Duty as to motions and votes.--May not entertain dilatory motions.
(60) Duty as to motions and votes.--The demand for a second.
(61) Duty as to motions and votes.--Voting via voce and by division.
(62) Duty as to motions and votes.--Voting by tellers.
(63) Duty as to motions and votes.--Voting by yeas and nays.
(64) Duty as to motions and votes.--Voting by ballot.
(65) Duty as to motions and votes.--As to right or duty of Members to
vote.
(66) Vote of.
(67) Duties in relation to Committee of the Whole.
(68) Pronounces adjournments and recesses.
(69) Reception and reference of messages.
(70) Reception and reference of Executive communications.
(71) Disposition of other communications to the House.
(72) Presentation and reference of petitions and memorials.
(73) Duties as to reference etc., of bills and reports.
(74) Duty as to the Journal.
(75) Duty and power as to the Congressional Record.
(76) As to entry of addresses, etc., of, in the Journal.
(77) Signature of.--To enrolled bills. See also ``Signing.''
(78) Signature of.--To certificates of salaries and mileage.
(79) Signature of.--To articles, replication, etc., in an impeachment.
(80) Signature of.--To subpoenas, writs, warrants, etc.
(81) Signature of.--In certifying cases of contumacious witnesses to
the courts, etc.
(82) Administers censure by direction of the House.
(83) Duty as to vacancies in membership.
(84) Executive duties as to the Hall.--Control of corridors and rooms.
(85) Executive duties as to the Hall.--Use of the galleries.
(86) Executive duties as to the Hall.--Care of the House wing and
grounds.
(87) Executive duties as to the Hall.--GEnforcement of the rule as to
privilege of the floor.
(88) Executive duties as the Hall.--Admission of representatives of the
press.
(89) Status at joint meetings of the two Houses, etc.
(90) Thanks to.
(91) In general.
(1) The Office.--Dignity of.
Dignity of the Speaker's office and principles governing its
administration. Volume II, sections 1307-1309.
Speaker--Continued.
(1) The Office.--Dignity of--Continued.
Discussion of the power of the Speaker in relation to the rights of the
House. Volume V, section 5706.
As to the duty of the Speaker to carry out the will of the House.
Volume V, section 5713.
Mr. Speaker Reed in a ruling referred to the power of the Speaker in
relation to the House itself. Volume IV, section 4452.
An insult to the Speaker has been held to raise a question of privilege
not governed by the ordinary rule about taking down disorderly words as
soon as uttered. Volume II, section 1248.
A Member having used words insulting to the Speaker the House, on a
subsequent day and after other business had intervened, censured the
offender. Volume II, section 1248. After abandoning a proposition to
expel the House arrested and censured a Member for gross personalities
aimed at another Member and for deception of the Speaker when the
latter had proposed to prevent the utterances. Volume II, section 1251.
Reference to the social precedence of the Speaker (footnote). Volume
II, section 1309.
The President pro tempore of the Senate holds the office at the
pleasure of that body. Volume II, section 1417.
(2) The Office.--Term of.
The elective officers, other than the Speaker, continue in office until
their successors are chosen and qualified. Volume I, section 187.
(3) The Office.--Compensation of.
Rate and method of payment of compensation and mileage of Speaker and
Members. Volume II, section 1148.
The compensation of Speaker and Members. Volume VI, section 201.
(4) The Office.--Relations to Committee Service.
Origin of the practice whereby the Speaker has become a member of the
Committee on Rules. Volume IV, section 4321.
The election of a Member as Speaker is assumed to vacate any positions
on committees held by him previously. Volume IV, section 4512.
A Member being elected Speaker after the organization of the House, it
is assumed that his committee places are thereby vacated. Volume I,
section 230.
(5) The Office.--In Relation to Participation in Debate.
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 question of fact. Volume, II, section
1367.
The Speaker asks consent to address the House, even on a question of
order. Volume IV, section 3043.
The Speaker sometimes makes a brief explanation from the chair without
asking the assent of the House. Volume II, sections 1373, 1374.
The Speaker has spoken briefly from the chair on a question of
privilege relating to himself, Volume II, section 1370.
A Member having criticized the past conduct of the Speaker the House
consented that the latter should explain from the chair. Volume II,
section 1369.
By leave of the House the Speaker was permitted to make a statement
from the chair as to proceedings in the recent joint meeting to count
the electoral vote. Volume II, section 1372.
According to a former custom, now fallen into disuse, the Speakers
participated freely in debate in Committee of the Whole (footnote).
Volume II, section 1367.
Speaker--Continued.
(5) The Office.--In Relation to Participation in Debate--Continued.
On occasions comparatively rare Speakers have called Members to the
chair and participated in debate, usually without asking consent of the
House (footnote). Volume II, section 1367.
Instance wherein the Speaker left the chair to reply to a speech
reflecting on his conduct. Volume II, section 1371.
The seat of the Speaker as a Member being contested, consent of the
House was obtained to permit him to speak on the report, although he
had called a Member to the chair. Volume II, section 1368.
The Speaker, by unanimous consent, addressed the House on a subject
relating to his election. Volume II, section 1360.
Instance wherein the Speaker debated a point order while a Speaker pro
tempore occupied the chair, and was about to rule. Volume V, section
6097.
Mr. Speaker Colfax left the chair to participate in debate on a
question arising out of the electoral count of 1869. Volume III,
section 1950.
(6) The Office.--The Right to Vote.
The rule as to the Speaker's vote. Volume V, sections 5964,6081.
The Speaker's name is not on the voting roll and is not ordinarily
called. Volume V, section 5970.
The Speaker's vote is recorded at the end of the roll, or after it.
Volume V, section 5965.
The Chair may be counted on a vote by tellers. Volume V, sections 5996,
5997.
Under the early rule and practice the Speaker did not record his vote
in cases where it would not be decisive, except by permission of the
House. Volume V, section 5968.
Mr. Speaker Macon, following the example of Mr. Speaker Trumbull,
exercised his constitutional right to vote although the rule forbade.
Volume V, sections 5966, 5967.
The duty of the Speaker to give a casting vote may be exercised after
the intervention of other business when a correction of the roll call
reveals a tie not before ascertained. Volume V, sections 6061-6063.
Instance wherein the Chair gave a casting vote in case of a tie on an
appeal from his decision. Volume V, section 5239.
The Speaker has voted when a correction on the day after the roll call
has created a condition wherein his vote would be decisive. Volume V,
section 5969.
The Speaker having cast his vote in case of an apparent tie, asserted
his right to withdraw it when the roll seemed to show that there was in
fact no tie vote, but later caused it to be recorded to change the
result. Volume V, section 5971.
In case of error whereof the correction leaves decisive effect to the
Speaker's vote he may exercise his right, even though the result has
been announced. Volume V, section 5970.
(7) Election of.--Chosen by the House.
The Speaker and other officers are chosen by the House. Volume I,
section 186.
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.
A new Speaker being elected at the beginning of a second session of
Congress, Members-elect, present and unsworn, participated in that
election. Volume I, section 224.
A proposition to elect a Speaker is in order at any time and presents a
question of the highest privilege. Volume VIII, section 3383.
(8) Election of.--Proceedings Preliminary to.--Preservation of Order,
etc.
Election of Speaker and other officers, administration of the oath to
Members and Officers, notification of the President and Senate, and
drawing of seats at the beginning of a Congress. Volume I, section 81.
A rule, which, however, is not operative at the time the House is
organized, provides that the Clerk shall call the new House to order
and preside until the election of a Speaker. Volume I, section 64.
SPEAKER--Continued.
(8) Election of.--Proceedings Preliminary to.--Preservation of Order,
etc.--Continued.
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.
The Speaker having resigned, the chair remained vacant and the Clerk
presided until a successor was elected. Volume I, section 231.
Before the election of a Speaker the Clerk recognizes Members. Volume
I, section 74.
In 1869 the hold-over Clerk, basing his authority on the law of 1863,
declined to entertain a question of order on an appeal pending the
motion to proceed to election of Speaker. Volume I, section 79.
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.
By a rule, which is not adopted usually until a Speaker is elected, the
Sergeant-at-Arms is directed to preserve order under the direction of
the Clerk pending the election of a Speaker or Speaker pro tempore.
Volume I, section 257.
Before the election of officers or the adoption of rules the House has
made a rule for enforcing order in the galleries. Volume I, section
102.
Instance wherein a proposition to draw seats before election of a
Speaker was laid on the table. Volume I, section 98.
The House has adopted a rule relating to the privilege of the floor
before the election of a Speaker. Volume I, sections 96-98.
Before the election of a Speaker the House has adopted a rule
regulating debate. Volume I, sections 94, 95.
The House may adjourn for more than one day before the election of a
Speaker. Volume I, section 89.
Discussion as to the status of the House with reference to the
transaction of business before its organization by the choice of a
Speaker. Volume V, section 6647.
(9) Election of.--Proceedings Preliminary to.--Motions, Debate, etc.
The House and not the hold-over Clerk decides by what method it shall
proceed to elect a Speaker. Volume I, section 210.
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.
The motion that the House proceed to elect a Speaker is debatable
unless the previous question is ordered. Volume I, section 213.
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.
The House has in one instance asked the candidates for Speaker to state
their views before proceeding to election. Volume I, section 218.
In 1860 the election of a Speaker proceeded slowly, the voting being
interspersed with debate, which the Clerk did not prevent. Volume I,
section 223.
The contest over the election of Speaker in 1923. Volume VI, section
24.
Memorandum of a program to be followed in the adoption of rules, agreed
upon preliminary to the organization of the House. Volume VI, section
24.
(10) Election of.--By Majority Vote.
In 1879 it was held that a Speaker might be elected by a majority of
those present, a quorum voting, a majority of all the Members not being
required. Volume I, section 216.
In 1809 the House held that a Speaker should be elected by a majority
of all present. Volume I, section 215.
The House declined to determine the choice of a Speaker by lot. Volume
I, section 221.
The House by special rule chose a Speaker by a plurality of votes, but
confirmed the choice by a majority vote. Volume I, section 222.
SPEAKER--Continued.
(10) Election of.--By Majority Vote--Continued.
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 by special rule chose a Speaker by a plurality of votes, but
confirmed the choice by a majority vote. Volume I, section 221.
(11) Election of.--By Viva Voce Vote.
The Speaker, who was at first chosen by ballot, has been chosen by viva
voce vote since 1839. Volume I, section 187.
A rule, which, however, is not in force at the time of organization,
provides that all the elective officers except the Speaker shall be
chosen by viva voce vote. Volume I, section 187.
Procedure for electing the Speaker by viva voce vote. Volume I, section
211.
Although always at liberty to choose its manner of electing a Speaker,
the House has declined in later years to substitute balloting for viva
voce choice. Volume I, sections 204-208.
As late as 1837 the House maintained the old usage of electing the
Speaker by ballot. Volume I, section 209.
Early precedents as to blank ballots in elections of a Speaker and
President of the United States. Volume V, section 6008.
Tellers of the vote on the election of a Speaker are appointed by the
Clerk. Volume I, section 217.
A Speaker being elected by ballot, the Journal should show not only the
fact but the state of the ballot or ballots. Volume IV, section 2832.
(12) Election of.--Contests Over.
Reference to proceedings during the contest over the organization of
the House in 1839. Volume V, section 5356.
The contest over the organization of the House in 1855 and 1856. Volume
I, section 222.
The contests over election of a Speaker in 1855 and 1859. Volume V,
sections 6647, 6649.
(13) Election of.--Taking the Chair and the Oath.
While the oath has usually been administered to the Speaker by the
Member of longest consecutive service, that practice is not always
followed. Volume VI, section 6.
The Clerk appoints the committee to escort the newly elected Speaker to
the chair. Volume I, section 220.
After the election of a Speaker and before he has been conducted to the
chair no debate or business is in order. Volume I, section 219.
The act of 1789 provides that at the organization of the House and
previous to entering on any other business the oath shall be
administered by any Member to the Speaker and by the Speaker to other
Members and the Clerk. Volume I, section 130.
It has long been the usage that the oldest Member in continuous service
shall administer the oath to the Speaker. Volume I, section 220.
It has long been the practice for the Member of longest continuous
service to administer the oath to the Speaker. Volume I, sections 131-
133.
A Speaker elected after the organization of the House takes the oath,
although he may have taken it already as a Member. Volume I, sections
225, 226.
The Speaker having resigned in 1814, his successor, when elected, took
the oath. Volume I, section 231.
The Speaker having resigned in 1820, it does not appear that his
successor took the oath. Volume I, section 232.
The Speaker having resigned in 1834, his successor took the oath.
Volume I, section 233.
(14) Election of.--Procedure After.
A Speaker having been elected, the House has proceeded to legislative
and other business before the election of a Clerk. Volume I, section
244.
In the earlier practice of the House the Senate was notified of the
election of Speaker, but not of that of other officers. Volume I,
sections 122-125.
SPEAKER--Continued.
(14) Election of.--Procedure After--Continued.
The Speaker being elected to fill a vacancy caused by resignation, the
Senate, but not the President, was notified of the fact. Volume I,
section 231.
A Speaker being elected to fill a vacancy caused by resignation, the
Senate, but not the President, was notified of the fact. Volume I,
section 232.
Instance wherein the rules were adopted immediately after the election
of Speaker. Volume I, section 93.
(15) Election of.--When Election as a Member is Contested.
The seat of the Speaker being contested, he vacated the chair on every
question relating to the contest. Volume I, section 809.
The Speaker's seat being contested, the House directed that the
Elections Committee be appointed by the Speaker pro tempore. Volume I,
section 809.
The Speaker's seat being contested, he requested that the House relieve
him of the appointment of the Committee on Elections, and the request
was granted. Volume II, section 1360.
The report on the contest for the seat occupied by Mr. Speaker Carlisle
was presented and acted on in his absence from the House. Volume II,
section 1361.
The Kentucky election case of Thobe v. Carlisle, the Speaker, in the
Fiftieth Congress. Volume II, section 1006.
(16) Death of.
The Speaker having died during the recess of Congress, the Clerk called
the House to order, ascertained the presence of a quorum, and
entertained a motion to proceed to election of a Speaker. Volume I,
section 234.
Ceremonies in memory of a deceased Speaker. Volume V, section 7156.
Form of resolution offered at the death of a former Speaker. Volume
VIII, section 3564.
The House passed resolutions and adjourned on being informed of a death
of a former Speaker. Volume VIII, section 3565.
The House has adjourned in honor of a former Speaker whose death
occurred after he ceased to be a Member. Volume VIII, section 3566.
(17) Absence of.
In the absence of the Speaker the Clerk calls the House to order.
Volume II, sections 1386-1389. Volume VI, section 272.
An instance wherein the Clerk did not call the House to order in the
absence of the Speaker. Volume II, section 1411.
A Speaker about to be absent obtained the approval of the House of his
designation of a Speaker pro tempore. Volume VI, sections 266, 277.
Form of Speaker's designation of a Speaker pro tempore. Volume VI,
sections 269, 272.
(18) Resignation of.
Rising in his place Mr. Speaker Clay addressed the House announcing his
resignation. Volume I, section 231.
Mr. Speaker Clay announced to the House his resignation of the
Speakership, but his resignation as a Member appears only from the
credentials of his successor. Volume II, section 1356.
The Speaker having announced his resignation, made a farewell address
and left the chair. Volume I, section 233.
The Speaker having resigned, no action of the House excusing him from
service is taken. Volume I, section 232.
In 1834 the Speaker, intending to resign, arose in his place and
informed the House, setting a future day for the act. Volume I, section
233.
The Speaker called a Member to the chair and, taking the floor,
tendered his resignation verbally. Volume I, section 225.
SPEAKER--Continued.
(18) Resignation of--Continued.
In 1820, at the beginning of a second session, the Clerk called the
House to order and, after ascertaining the presence of a quorum,
presented a letter of resignation from the Speaker. Volume I, section
232.
Mr. Speaker Colfax, having been elected Vice-President, resigned his
Speakership on the last day of the Congress. Volume I, section 225.
Instance wherein the Speaker, following a vote upon an essential
question indicating a change in the party control of the House,
announced that under the circumstances it was incumbent upon the
Speaker either to resign or to recognize for a motion declaring vacant
the office of Speaker. Volume VI, section 35.
(19) Charges and Complaints Against.
Complaint of the conduct of the Speaker should be presented directly
for the action of the House and not by way of debate on other matters.
Volume V, section 5188.
For reflections on the Chair as well as on Members of the House, Mr.
Speaker Jones called a Member to order. Volume V, section 5192.
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 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.
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.
The Speaker having appealed to the House for an investigation, the
House order his address to be entered on the Journal. Volume II,
section 1362.
In 1825 the House ordered that the Select Committee to Investigate the
Conduct of the Speaker should be chosen by ballot. Volume II, section
1362.
The report of a Select Committee on the Conduct of the Speaker was
voted on by the House, although it contained no order or resolution,
and was spread on the Journal without direction of the House. Volume
II, section 1364.
A report on certain charges against the Speaker appears in the Journal
in full without special order. Volume IV, section 4660.
The report of a committee which investigated the charge that the
Speaker had mutilated the Journal was, by order of the House, printed
in full in the Journal. Volume IV, section 2836.
(20) Leaves the Chair During Consideration of a Question Relating to
Himself.
The Speaker called a Member to the chair during consideration of a
resolution criticizing his official conduct. Volume VI, section 565.
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.
Charges having been made against the Speaker, he called another Member
to the chair and from the floor moved a committee of investigation.
Volume II, section 1286.
Charges being made against the Speaker, he called a member of the
minority party to the chair during their consideration. Volume II,
section 1363.
A select committee being authorized to investigate the conduct of the
Speaker, they were appointed by the Member called to the chair as
Speaker pro tempore. Volume II, section 1364.
The Speaker of the House, being the Vice-President-elect, called a
Member to the chair during discussion of a question relating to the
electoral count. Volume II, section 1365.
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.
SPEAKER--Continued.
(20) Leaves the Chair During Consideration of a Question Relating to
Himself--Continued.
When the House was considering a resolution censuring a Member for an
alleged insult to the Speaker the Speaker called another Member to the
chair. Volume II, section 1248.
During consideration of a resolution to censure a Member for disrespect
to the Speaker the Member likewise assailed the Speaker pro tempore,
whereupon the Speaker resumed the chair while the House acted on the
latest breach of privilege. Volume II, section 1366.
Resolution 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.
The Speaker remained in the chair and ruled as to the relevance of
language criticising his conduct as Speaker. Volume V, section 5188.
(21) Appoints Committees.--Direction of the Former Rule as to Standing
Committees.
Unless otherwise specially ordered by the House the Speaker appoints
the standing committees at the commencement of each Congress. Volume
IV, section 4448.
Although the rules permit the House to direct the appointment of the
standing committees otherwise than by the Speaker, the House has always
declined to exercise its power in this respect. Volume IV, sections
4450, 4451.
The motion directing the Speaker to appoint the committees has been the
subject of an amendment proposing their appointment by the House.
Volume IV, section 4449.
Before the adoption of rules the House sometimes authorizes the Speaker
to appoint certain necessary committees. Volume IV, sections 4455,
4456.
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.
In the Fortieth Congress the Speaker did not appoint the committees,
except a few, until the closing days of the first session. Volume IV,
section 4454.
Although the rules required the Speaker to appoint the standing
committees, yet it was the invariable practice in former years for him
not to appoint until directed by order of the House. Volume IV, section
4457.
Under the modern practice the Speaker appoints the standing committees
at his convenience without specific direction by the House. Volume IV,
section 4448.
The delay of the Speaker in appointing the standing committees having
occasioned criticism, a resolution directing the appointment was
offered, but was disagreed to by the House. Volume IV, sections 4452,
4453.
(22) Appoints Committees.--Rules as to Select Committees.
Since 1880 the appointment of select committees has by rule rested
solely with the Speaker. Volume IV, section 4470. Volume VIII, section
2192.
Instances wherein the House declined to take from the Speaker the
appointment of select committees. Volume IV, sections 4475, 4476.
In 1832 a motion that the Committee to Investigate the Bank of the
United States be chosen by ballot was defeated by a tie vote. Volume
IV, section 4474.
In 1821 the House ordered that its Members of the Select Committee on
the Admission of Missouri be elected by ballot. Volume IV, section
4471.
When the Select Committee on the Admission of Missouri was chosen by
ballot a committee of three was appointed to count the ballots. Volume
IV, section 4471.
In 1839 and 1840 committees of investigation were elected by ballot.
Volume IV, sections 4472, 4473.
(23) Appoints Committees.--When the House Appoints.
A law providing that a committee of the House be ``chosen,'' the
Speaker never appointed without special sanction of the House. Volume
IV, sections 4465, 4466.
An order providing for the appointment on a committee of two Members of
the House ``by that body,'' the Speaker declined to appoint unless
specially directed by the House. Volume IV, section 4463.
SPEAKER--Continued.
(23) Appoints Committees.--When the House Appoints--Continued.
The seat of the Speaker being contested, the Committee on Elections
were appointed by resolution of the House. Volume II, section 1361.
(24) Appoints Committees.--When a Speaker Pro Tempore Appoints.
The Speaker being implicated by certain charges, a Speaker pro tempore
selected from the minority party was empowered to appoint a committee
of investigation. Volume II, section 1286.
A Member called to the chair to preside temporarily was given special
authority by the House to appoint a committee. Volume II, section 1365.
A Member called to the chair by the Speaker was permitted to appoint a
committee by vote of the House. Volume II, section 1360.
(25) Appoints Committees.--Ratio of Majority and Minority
Representation.
As to proper ratio of majority and minority representation on
committees. Volume IV, section 4467.
The usage in relation to majority and minority representation on
committees. Volume IV, section 4478.
The ratios of majority and minority representation on the committees is
determined by the Speaker (footnote). Volume IV, section 4477.
In appointing a committee to officiate at the administration of the
oath to President Fillmore the Speaker selected the majority, including
the chairman, from the political party of the President, which was the
minority party of the House. Volume III, section 1997.
(26) Appoints Committees.--Status of Member as Related to.
Instances wherein Members have not been appointed on committees. Volume
IV, sections 4468, 4469.
The fact that a Member's seat is contested is not necessarily taken
into account in appointing him to committees. Volume IV, section 4488.
A returned Member whose seat is contested is nevertheless eligible to
appointment on any committee. Volume II, section 1018.
Delegates have sometimes been appointed on committees other than those
mentioned in Rule XII. Volume II, section 1298.
Instance wherein Members-elect were appointed on committees before
taking the oath. Volume IV, sections 4479-4482.
Instance wherein a Member-elect was appointed on a committee long
before he took the oath. Volume IV, section 4483.
A Member-elect who had been appointed on a committee before taking the
oath, not having appeared, the Speaker with the consent of the House,
appointed another Member to the vacancy. Volume IV, section 4484.
Members-elect unofficially known to be under indictment or actually
convicted after indictment (but pending appeal) were yet appointed on
committees. Volume IV, section 4479.
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.
(27) Appoints Committees.--Filling Vacancies, etc.
The Speaker may not relieve a Member from service on a committee to
which he has appointed him. Volume IV, section 4511.
In the earlier but not in the later practice the Speaker filled
vacancies on committees only by special direction of the House. Volume
IV, sections 4458-4460.
Reasons why the Speaker should not appoint to a vacancy on a committee
during a recess of Congress (footnote). Volume IV, section 4460.
The Speaker in filling vacancies on a committee sometimes designates
the rank of the appointee on the committee list. Volume IV, section
4489.
SPEAKER--Continued.
(28) Appoints Committees.--Chairman of.
The chairmanship of a committee is determined by seniority, by election
by the committee, or, in case of the death of the chairman, by
appointment by the Speaker. Volume IV, section 4513.
The chairman of a committee having resigned his seat in the House the
Speaker, by consent of the House, appointed a chairman. Volume IV,
section 4530.
It was the earlier usage of the House that the Member moving a select
committee should be appointed its chairman. Volume IV, sections 4514-
4516.
The inconvenience of the usage that the proposer of a committee should
be its chairman has caused it to be disregarded in modern practice.
Volume IV, sections 4517-4519.
In appointing committees of investigation it is evidently necessary to
disregard the former usage that the proposer of the committee should be
its chairman. Volume IV, sections 4520-4523.
An illustration of the inconvenience of the former practice of making
the Member proposing a select committee its chairman. Volume IV,
section 4671.
Instance wherein a Member who proposed an investigation was not made
one of the committee (footnote). Volume III, section 2646.
Instance wherein the appointment of the mover of an investigation as
chairman of the committee caused debate. Volume II, section 1596.
The Member proposing the committee to investigate the Bank of the
United States in 1832 was appointed chairman of the committee. Volume
IV, section 4474.
Instance wherein the Member proposing a committee of investigation was
appointed chairman. Volume II, section 1275.
(29) Appoints Committees.--For Impeachments.
Two of the seven members of the committee for the Chase investigation
were from the number opposing the investigation. Volume III, section
2342.
The impeachment of Judge Humphreys was carried to the Senate by a
committee of two, representing the two political parties. Volume III,
section 2385.
The Speaker appointed the committee to carry the impeachment of
President Johnson to the Senate from those favoring impeachment and
from the majority party. Volume III, section 2412.
The Speaker gave the minority representation on the committee to carry
the impeachment of Judge Delahay to the Senate. Volume III, section
2505.
The minority party were represented on the committee to carry the
impeachment of Secretary Belknap to the Senate. Volume III, section
2445.
Constitution of the committee to carry the Swayne impeachment to the
Senate. Volume III, section 2472.
The committee appointed to prepare articles in the Chase case were all
of those who had favored the impeachment. Volume III, section 2343.
All of the committee who framed the article in the Peck case had voted
for the impeachment (footnote). Volume III, section 2368.
The committee to draw the articles in the Humphreys impeachment were
appointed by the Speaker, and all but one were of the majority party.
Volume III, section 2387.
The Speaker appointed the committee to draw articles impeaching
President Johnson from those favoring impeachment and from the majority
party. Volume III, section 2412.
The Speaker, in the committee to draw the articles in the Swayne case,
gave minority representation to those opposed generally to the
impeachment. Volume III, section 2472.
(30) Appoints Committees.--In General.
The Speaker sometimes appoints the House's portion of a proposed joint
committee before the Senate has concurred in constituting the
committee. Volume IV, section 4426.
SPEAKER--Continued.
(30) Appoints Committees.--In General--Continued.
The statutes provide for a temporary Committee of Accounts, to be
appointed by the Speaker, to serve through the recess following the
expiration of a Congress. Volume IV, section 4335.
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.
(31) Appoints Managers of a Conference.
In the House the managers of a conference are appointed by the Speaker.
Volume V, section 5949.
Since 1890 the rules has provided that conference committees be
appointed by the Speaker, although such has been the practice since the
earliest days of the House. Volume IV, section 4470. Volume VIII,
section 2192.
Managers of a conference are usually three in number, but the House or
the Speaker sometimes varies the number. Volume V, section 6336.
Under the later practice, the number of conferees to be appointed has
been left to the discretion of the Speaker. Volume VIII, section 3219.
The number of conferees to be appointed is within the discretion of the
Speaker and may consist of three, five, seven or nine. Volume VIII,
section 3221.
A motion to instruct the Speaker as to the number of conferees to be
appointed is not in order. Volume VIII, section 3221.
The resignation of a member as conferee is properly addressed to the
Speaker, but is acted on by the House, and, being accepted, the Speaker
appoints a successor. Volume VIII, section 3224.
The absence of a manager of a conference causes a vacancy, which the
Speaker fills by appointment. Volume VIII, section 3228.
In the earlier practice the managers were changed for a second
conference, and the Speaker did not particularly consider the committee
reporting the measure or the majority and minority divisions of the
House. Volume V, sections 6345-6351.
In the later practice managers have generally been selected from the
committee that reported the measure, have been reappointed for later
conferences, and have embodied majority and minority representation.
Volume V, sections 6341-6344.
On a conference relating to the prerogatives of the two Houses all the
conferees were selected to represent the attitude of the majority of
the House. Volume V, section 6338.
In appointing managers of a conference the Speaker usually consults the
Member in charge of the measure. Volume V, section 6327.
The motion of the Member in charge of the bill as to the disposition of
a Senate amendment being disagreed to and a conference being asked, the
conferees were so selected as to represent the attitude of the House.
Volume V, section 6369.
A special order requiring the Speaker to appoint conferees immediately
after the vote of disagreement, a motion to instruct was not admitted.
Volume V, section 6385.
Senate discussion as to the rule governing the appoint of conferees.
Volume V, section 6529.
Motions to instruct the Speaker in the appointment of conference
committees have not been entertained. Volume VIII, section 2193.
A resolution reported by the Committee on Rules authorizing the Speaker
to appoint conferees ``without intervening motion'' was held to be in
conflict with the limitation placed upon the Committee on Rules in
section 56 of Rule XI. Volume VIII, section 2264.
A resolution reported by the Committee on Rules providing that a House
bill with Senate amendments be taken from the Speaker's table, Senate
amendments disagreed to, conference agreed to, and that Speaker
``without intervening motion'' appoint conferees, was held not to be in
violation of the second paragraph of section 56 of Rule XI, since
opportunity would be afforded to offer the motion to recommit on the
conference report. Volume VIII, section 2266.
SPEAKER--Continued.
(32) Sometimes Appoints Managers of an Impeachment.
The managers of the Humphreys impeachment were appointed by the
Speaker, and all but one belonged to the majority party. Volume III,
section 2388.
In the Pickering impeachment the House decided that the managers should
not be appointed by the speaker or by viva voce vote, but by ballot.
Volume III, section 2323.
Constitution of the managers of the Swayne impeachment. Volume III,
section 2475.
All the managers in the Peck trial were of those who had voted for
impeachment. Volume III, section 2368.
(33) Appoints Tellers for the Electoral Count.
While the Speaker has at times appointed the tellers for the electoral
count as of his own authority, yet the best considered opinion is that
the function belong to the House itself (footnote). Volume III, section
1961.
At the electoral count of 1849 the Speaker appointed the tellers on the
part of the House without authority expressly given. Volume III,
section 1944.
For the electoral count of 1853 the House authorized the Speaker to
appoint the tellers. Volume III, section 1945.
The House authorized the Speaker to appoint the tellers for the
electoral count of 1857. Volume III, section 1946.
The House empowered the Speaker to appoint the tellers for the
electoral count of 1861. Volume III, section 1947.
In 1877 the Speaker appointed the tellers for the electoral count
without special authority from the House and named them all from the
majority party, a course which was followed by the President pro
tempore. Volume III, section 1954.
In 1901 the Speaker, with the assent of the House, appointed the
tellers for the electoral count. Volume III, section 1962.
The tellers on the part of the House for the electoral count of 1789
were appointed by resolution. Volume III, section 1928.
(34) Appoints and Removes Official Reporters of Debates and Committee
Stenographers.
The speakers appoints the official reporters of debates and
stenographers of committees Volume V, section 6958.
Instances wherein the Speaker announced to the House his appointment of
reporters (footnote). Volume V, section 6958.
Questions have arisen as to the power of the Speaker in regard to the
removal of stenographers to committees (footnote). Volume V, section
6958.
(35) Appoints Visitors, Trustees, Regents, etc.
The statutes require the Speaker to appoint certain visitors and
trustees of public institutions. Volume II, section 1355.
Visitors to academies, regents, directors, and trustees of public
institutions, appointed by the Speaker under the law, are not regarded
as officers within the meaning of the constitutional inhibition. Volume
I, section 493.
Vacancies and appointments on the Board of Regents of the Smithsonian
Institution. Volume V, sections 7338, 7339.
(36) Administers the Oath.--Source of the Authority.
The authority to administer oaths should be given by law rather than by
rule of either House. Volume III, sections 1823, 1824, 2081, 2162,
2294, 2303.
In the Blount impeachment case the House seems to have distrusted its
power to authorize the Speaker to administer oaths. Volume III, section
2294.
(37) Administers the Oath.--To the Members When They Take Their Seats.
The act of 1789 provides that at the organization of the House and
previous to entering on any other business the oath shall be
administered by any Member to the Speaker and by the Speaker to the
other Members and Clerk. Volume I, section 130.
SPEAKER--Continued.
(37) Administers the Oath.--To the Members When They Take Their seats--
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.
At the beginning of a second session of Congress unsworn Members-elect
were taken into account as ascertaining the presence of a quorum, but
in the absence of the Speaker they were not sworn until the next day.
Volume I, section 175.
In the absence of the Speaker a Member-elect has produced his
credentials and taken his seat, but was not sworn until the oath could
be administered by the Speaker. Volume I, section 179.
When the House votes to admit a Member and the motion to reconsider is
disposed of, the right to be sworn is completed and not to be deferred,
even by a motion to adjourn. Volume I, section 622.
The House being organized but a quorum having failed, the Speaker
declined to administer the oath to a contestant who had been declared
elected. Volume II, section 875.
Instance wherein the House authorized the Speaker to administer the
oath to Members away from the House. Volume I, section 169.
It has been held that there is no roll of Delegates which the Speaker
is obliged to recognize at the time of swearing in Members-elect at the
organization of the House. Volume I, section 61.
When the right of a Member-elect to take the oath is challenged the
Speaker has requested the Member to stand aside temporarily. Volume VI,
section 9.
By authority of the House the oath may be administered to a Member away
from the House and by another than the Speaker. Volume VI, section 14.
While the selection of a deputy to administer the oath is within the
Speaker's discretion, he is constrained by custom to appoint a Member
of the House and where that is inexpedient designates an official
authorized to administer oaths. Volume VI, section 14.
Where the oath has been administered away from the House and by another
than the Speaker, the House has by resolution received and accepted the
oath. Volume VI, section 14.
(38) Administers the Oath.--The Power Not Arbitrary, but Controlled by
the House.
The Speaker possesses no arbitrary power in the administration of the
oath, and if there be objection the majority of the House must decide.
Volume I, section 134.
If a Member object the Speaker does not administer the oath to a
Member-elect without direction of the House, even though the
credentials be regular in form. Volume I, sections 135-138.
Objection being made to the administration of the oath to a Member-
elect, the Speaker held that the question should be decided by the
House and not by the Chair. Volume I, sections 519, 520.
In 1866 the Speaker declined to administer the oath to persons whose
credentials were regular but who came from States declared by the two
Houses not entitled to representation at the time. Volume I, section
139.
In 1839 the House refused to direct the Speaker to administer the oath
to certain persons bearing regular credentials as Members-elect, and as
organ of the House he declined to administer the oath. Volume I,
section 140.
The Members-elect having denied to certain of their number a right to
participate in the organization, the Speaker declined, without
instruction of the House, to administer the oath to those thus
debarred, although they presented certificates in proper form. Volume
I, section 140.
The Speaker asked the decision of the House when a Member-elect from a
State not yet admitted to the Union presented himself to be sworn.
Volume I, section 396.
It has been held, although not uniformly, that in cases where the right
of a Member-elect to take the oath is challenged the Speaker may direct
the Member to stand aside temporarily. Volume I, sections 143-146.
SPEAKER--Continued.
(38) Administers the Oath.--The Power Not Arbitrary, but Controlled by
the House--Continued.
In 1899 a Member-elect, challenged as he was about to take the oath,
stood aside on the request of the Speaker. Volume I, section 474.
(39) Administers the Oath.--To Witnesses.
The Speaker, the Chairman of the Committee of the Whole or any other
committee, or any Member may administer oaths to witnesses in any case
under examination. Volume III, section 1769.
In 1832 the Speaker was empower to administer the oath to witnesses in
the contempt case of Samuel Houston. Volume II, section 1617.
Form of oath administered by the Speaker to a person about to be
examined at the bar of the House. Volume II, section 1633.
(40) Duty as to the Quorum.--Counts When There is No Record Vote.
Mr. Speaker Reed in 1890 revived the count by the Chair as a method of
determining the presence of a quorum at times when no record vote is
ordered. Volume IV, section 2909.
Mr. Speaker Reed held in 1890 that it was the function of the Speaker
to determine in such manner as he could deem accurate and suitable the
presence of a quorum. Volume IV, section 2932.
The Speaker's count of a quorum is not subject to verification by
tellers. Volume IV, section 2916. Volume VI, section 647.
Instance wherein the Speaker permitted his count of the House to be
verified by tellers, but did not concede it a right of the House to
have tellers under such circumstances. Volume IV, section 2888.
In counting to ascertain the presence of a quorum the Chair counts all
Members in sight, whether in the cloakrooms or within the bar. Volume
IV, section 2970.
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.
In 1836 it seems to have been customary for the Chairman of the
Committee of the Whole to count the committee to ascertain as to the
presence of a quorum. Volume II, section 1653.
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.
It is not incumbent upon the Chair to announce the names of Members
present and not voting but counted to make a quorum. Volume VI, section
642.
(41) Duty as to the Quorum.--When the Yeas and Nays are Taken.
When a vote taken by yeas and nays shows that no quorum has voted, it
is the duty of the Chair to take notice of that fact. Volume IV,
sections 2953, 2963.
When a vote by yeas and nays shows no quorum the Chair takes cognizance
of the fact, and, unless the House adjourns, orders a call under the
rule without suggestion from the floor. Volume VI, section 679.
When a quorum fails on a yea-and-nay vote the call of the House is
automatic under the rule, and the Speaker directs the roll to be called
without motion from the floor. Volume VI, section 678.
In 1890 Mr. Speaker Reed directed the Clerk to enter on the Journal as
part of the record of a yea-and-nay vote names of Members present but
not voting, thereby establishing a quorum of record. Volume IV, section
2895.
(42) Duty as to the Quorum.--In General.
A quorum is presumed to be present unless it is otherwise determined
and it is not necessarily the function of the Speaker to ascertain the
presence of a quorum unless the point is raised. Volume VI, section
565.
SPEAKER--Continued.
(42) Duty as to the Quorum.--In General--Continued.
It is not the duty of the Speaker to take cognizance of the absence of
a quorum unless disclosed by a yea-and-nay vote or questioned by a
point of order. Volume VI, section 624.
It is the duty of the Speaker to announce the absence of a quorum
without unnecessary delay. Volume VI, section 652.
The Speaker orders the doors closed only when a call of the House is in
progress. Volume VI, section 703.
The Speaker may, without suggestion from the floor, take note of the
failure of a quorum to vote on the pending question, and on his own
initiative direct a call of the House under the rule. Volume VI,
section 699.
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.
When the roll which is called in Committee of the Whole when a quorum
fails shows that a quorum responded the Speaker directs the committee
to resume its session, although less than a quorum may have appeared on
an intervening motion to adjourn. Volume IV, section 2969.
When the Committee of the Whole for supposed lack of a quorum rises and
reports a roll call, a motion to adjourn may be admitted before the
Speaker, on information of a quorum, directs the committee to resume
its sitting. Volume IV, section 2969.
Discussion of the authority of the Speaker to issue a warrant for the
arrest of absent Members during a call of the House. Volume IV, section
3043.
The lack of a quorum being disclosed, in the absence of any motion the
Speaker will issue warrants to bring in absent Members. Volume VI,
section 680.
Under the rule for a call of the House, the Speaker issues warrants for
arrest of absentees without further authorization from the House.
Volume VI, section 702.
A motion directing the Speaker to issue warrant for arrest of absentees
may be entertained during proceedings to secure the attendance of a
quorum. Volume VI, section 681.
The House having agreed to a motion directing the issuance of a warrant
for arrest of absentees during proceedings to secure a quorum, the
Speaker disregarded the direction and declined to sign the warrant.
Volume VI, section 681.
(43) Preserves Order.--On the Floor, in the Galleries, etc.
The Speaker preserves order on the floor and in the galleries and
lobby. Volume II, section 1343.
A point of order being raised against an interruption from the
galleries, the Speaker admonished the galleries. Volume VI, section
259.
The Sergeant-at-Arms attends the sittings and under direction of the
Speaker or Chairman of the Committee of the Whole maintains order.
Volume I, section 257. Volume VI, section 29.
Extreme disorder arising on the floor, the Speaker directed the
Sergeant-at-Arms to enforce order with the mace. Volume VI, section
258.
The Speaker represses a Member who is out of order, but except naming
him may not otherwise censure or punish him. Volume II, section 1345.
The Speaker may name any Member persisting in disorderly conduct.
Volume II, section 1344.
The parliamentary law provides that the House shall deal with a Member
named by the Speaker. Volume II, section 1344.
A spectator in the gallery having created disturbance, the Speaker
ordered his arrest. Volume II, section 1605.
After their affray on the floor Messers. Lyon and Griswold were
required to pledge themselves before the Speaker to keep the peace
during the session. Volume II, section 1643.
SPEAKER--Continued.
(44) Preserves Order.--Intervenes in Committee of the Whole.
Extreme disorder arising in the Committee of the Whole, the Speaker may
take the chair ``without order to bring the House into order.'' Volume
II, section 1348
Two Members having created disorder in Committee of the Whole by an
encounter, the Speaker took the chair and restored order and the House
immediately referred the subject to a select committee. Volume II,
section 1650.
Two Members having created disorder in Committee of the Whole, the
Speaker took the chair and restored order, whereupon the committee rose
and the House adjourned before taking action on the disorder. Volume
II, section 1657.
A Member having defied and insulted the Chairman of the Committee of
the Whole, the Chairman left the chair, and on the chair being taken by
the Speaker reported the facts to the House. Volume II, section 1653.
An assault occurring between two Members in Committee of the Whole, the
committee rose and the Speaker restored order before receiving the
report. Volume II, section 1652.
The Committee of the Whole having risen informally because of disorder
created by a Member, the Speaker directed the committee to resume its
sitting after the Member had explained and when no further action in
relation thereto was proposed. Volume II, section 1350.
In 1838, in case of great disorder in Committee of the Whole, the
Speaker took the chair ``without order to bring the House into order.''
Volume II, section 1648.
In 1840 great disorder occurred in Committee of the Whole, whereupon
the Speaker, without order, took the chair and restored order. Volume
II, section 1649.
In 1844 the Speaker took the chair to quell disorder which had arisen
in Committee of the Whole, whereupon the Chairman stated to the House
the facts as to the disorder. Volume II, section 1651.
In 1880 the Speaker took the chair to quell disorder in Committee of
the Whole, but that being accomplished, yielded the chair to the
Chairman, that the committee might rise in due form before the House
should adjourn. Volume II, section 1349.
(45) Preserves Order.--The ``Call to Order'' During Debate.
If any Member, in speaking or otherwise, transgress the rules of the
House it is the duty of the Speaker and the privilege of any Member to
call him to order, and he may be punished by censure or otherwise.
Volume V, section 5175.
The Speaker, without suggestion from the floor, may call a Member to
order for breach of order in debate. Volume V, sections 5161, 5162.
The Speaker sometimes interposes to prevent breach of order in debate
without waiting for a question to be raised by a Member. Volume V,
sections 5163, 5169.
In the early practice of the House the Speaker intervened to prevent in
debate even the mildest imputation on the motives of a Member. Volume
V, sections 5161, 5162.
It is the duty of the Speaker to suppress personalities in debate.
Volume V, section 5131.
It is the duty of the House, and particulary of the Speaker, to
suppress in debate expressions which may give ground of complaint to
the other House. Volume V, section 5095.
It has always been considered the particular duty of the Speaker to
prevent expressions offensive to the Senate or Senators. Volume V,
section 5130.
It is the duty of the Speaker to prevent expressions offensive to the
other House. Volume VIII, section 2521.
It is the duty of the Chair, without suggestion from the floor, to
interfere when statements are made in debate which might give Senators
ground for complaint. Volume VIII, section 2520.
A Member who resumes his seat after being called to order loses his
claim to prior right of recognition. Volume V, section 5016.
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.
SPEAKER--Continued.
(45) Preserves Order.--The ``Call to Order'' During Debate--Continued.
While the Speakers have entertained appeals from their decisions as to
irrelevancy in debate, they have held that such appeals were not
debatable. Volume V, sections 5056-5063.
Examples of personal and recriminating remarks held out of order in
debate by the Speaker. Volume V, sections 5163, 6169.
References to discussions of the power of the Vice-President to call to
order (footnote). Volume II, section 1345.
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.
If a Member in debate transgress the rules it is the duty of the
Speaker to intervene and require that he proceed in order. Volume VIII,
section 3479.
It is a breach of order to reflect upon or to refer invidiously to the
decisions of present or former Speakers. Volume VIII, section 2531.
Action by the House on words taken down and reported from the Committee
of the Whole is contingent on the Speaker's decision that a breach of
order is involved. Volume VIII, section 2528.
When the Committee of the Whole reports to the House words taken down
on demand, the Speaker in passing on the question raised is restricted
to the words reported and may not take into consideration associated
language not reported by the committee. Volume VIII, section 2533.
When a demand is made that words spoken in Committee of the Whole be
taken down, no further business is in order and the Committee
automatically rises and reports the words to the House for decision by
the Speaker. Volume VIII, section 2539.
Consideration of words reported to the House from Committee of the
Whole having been disposed of, either by decision of the Speaker
holding them in order or by action of the House if held
unparliamentary, the House resolves into the Committee of the Whole
automatically. Volume VIII, section 2539.
Recognition by the Speaker to move that words reported from the
Committee of the Whole be expunged is tantamount to a decision holding
them unparliamentary. Volume VIII, section 2539.
(46) Decides Questions of Order.--General Principles.
The Speaker decides questions to order. Volume V, section 6863.
It is not the duty of the Speaker to decide a hypothetical question.
Volume VI, section 253.
The Speaker decides all questions of order, subject to appeal. Volume
II, section 1313.
The Speaker sits while rendering decisions on points of order or when
participating in debate thereon (footnote). Volume II, section 1367.
A question of order arising out of any other question must be decided
before that question. Volume V, section 6864.
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.
Instance wherein the Speaker reversed as erroneous a decision made in a
previous session. Volume VIII, section 2794.
Questions of order arising during a division are decided peremptorily
by the Speaker. Volume V, section 5926.
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.
Instance wherein the Speaker retained the chair and ruled as to a
resolution which in effect proposed a censure of a decision made by him
as Speaker. Volume III, section 2621.
The Chair is constrained in his rulings to give precedent its proper
influence. Volume II, section 1317.
Discussion as to the influence of precedent upon the rulings of the
Chair. Volume VII, section 1363.
SPEAKER--Continued.
(46) Decides Questions of Order.--General Principles--Continued.
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 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 held that while the courts may not construe a law in the
light of debate attending its passage in the Legislature, the rules are
to be interpreted according to views of their purport expressed at the
time of adoption. Volume VII, section 1023.
The Speaker may require that a question of order be presented in
writing. Volume V, section 6865.
The question of admitting an amendment should be decided from the
provisions of its text rather than from purposes which circumstances
may suggest. Volume IV, section 3998.
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, sections 1409, 1541.
In deciding as to dividing a question the Chair considers only the
existence of substantive propositions, and not the merits of the
questions presented. Volume V, section 6122.
Debate on a point of order is for the information of the Chair, and
therefore within his discretion. Volume V, sections 6919, 6920.
The Journal records the rulings but not the remarks of the Speaker.
Volume IV, section 2840.
In later years, although not in the very earliest practice, the Journal
has recorded the reasons for the decisions of the Speakers. Volume IV,
section 2841.
The Journal does not record the response of the Speaker to a
parliamentary inquiry. Volume IV, section 2842.
The effect or purport of a proposition is not a question to be passed
on by the Chair. Volume VI, section 254.
The question as to whether an officer of the House is properly
discharging the duties of his office is a legal proposition, and one
which the Speaker is not called upon to decide. Volume VI, section 30.
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.
(47) Decides Questions of Order.--Sometimes Reserves Decision.
Discussion of instances in which Speakers have reserved rulings on
points of order. Volume VII, section 2106.
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.
An instance wherein the Speaker by unanimous consent reserved his
decision on a point of order. Volume VIII, section 2396.
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.
An instance in which the Speaker took a question under advisement and
rendered a decision on a subsequent day. Volume VIII, section 2174.
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.
An instance in which the Speaker asked unanimous consent to elaborate
on an opinion previously rendered. Volume VII, section 1111.
SPEAKER.--Continued.
(47) Decides Questions of Order.--Sometimes Reserves Decision--
Continued.
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.
(48) Decides Questions of Order.--Rarely Submits Them to the House
Itself.
The Speaker, of his own initiative, has submitted to the House for
decision a question as to procedure. Volume II, sections 1315, 1316.
Volume VIII, section 3405.
The House has laid on the table a question submitted by the Speaker as
to whether or not a question of privilege was involved in a pending
proposition. Volume II, section 1277.
Instance in which the Speaker submitted to the House the decision as to
whether or not a question involved privilege. Volume VIII, section
2597.
Instance in which a question of procedure was submitted by the Speaker
of the House, which overruled his former decision. Volume VI, section
565.
Instance wherein the Speaker submitted to the House the question as to
whether a statement objected to in debate was in order. Volume VI,
section 617.
Instance wherein the Speaker submitted to the House a question as to
the order of disposing of several unapproved journals. Volume IV,
section 2771.
The Speakers in infrequent instances have referred questions of order
to the House for decision. Volume IV, sections 3173, 3282, 4930. Volume
V, sections 5014, 5323, 5403, 5835, 5855, 6701.
(4) Decides Questions of Order.--As to Questions of Privilege.
Whenever it is asserted on the floor that the privileges of the House
are invaded the Speaker entertains the question. Volume II, section
1501.
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.
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.
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 or a Member. Volume
III, sections 2536, 2537.
The Speakers have been accustomed for many years to give a preliminary
determinations as to questions presented as involving privilege. Volume
III, section 2678.
The Speaker may pass on a question presented as of privilege instead of
submitting it directly to the House. Volume III, section 2641.
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.
Early instance wherein the Speaker and not the House decided whether or
not a question was one 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 a question or privilege was involved. Volume III,
section 2527.
Early custom of the Speakers to leave to the House to decide whether or
not a proposition involved privilege. Volume III, section 2718.
Instance wherein the Speaker submitted to the decision of the House the
question as to whether or not a matter involved privilege. Volume III,
section 2709.
In 1842 the Speaker could find no precedent for deciding as to a
question offered as of privilege. Volume III, section 2654.
Instance wherein the Speaker left to the House to decide whether or not
a proposition involved a question of privilege. Volume III, section
2648.
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.
SPEAKER--Continued.
(49) Decides Questions of Order.--As to Questions of Privilege--
Continued.
The President pro tempore of the Senate declined to take the
responsibility of directing the Secretary to omit from the call of the
yeas and nays the names of two Senators who had been declared in
contempt. Volume II, section 1665.
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.
A question of privilege is in order after the House has voted to
resolve into Committee of the Whole, the Speaker being still in the
chair. Volume VI, section 554.
(50) Decides Questions of Order.--Does Not Pass on Legislative Effect
of a Proposition.
It is for the House and not the Speaker to decide on the legislative
effect of a proposition. Volume II, sections 1323, 1324. Volume VII,
sections 2112, 2841.
The change of a single word in the text of a proposition is sufficient
to prevent the Speaker ruling it out of order as one already disposed
of by the House. Volume II, section 1274.
The inconsistency of a proposed amendment with one already agreed to is
not a matter for the decision of the Speaker. Volume V, section 5781.
The question of inconsistency of pending legislation with existing law
is not passed upon by the Chair. Volume VII, section 2112.
The fact that a proposed amendment is inconsistent with the text or
embodies a proposition already voted on constitutes a condition to be
passed on by the House and not by the Speaker. Volume II, sections
1328-1336.
It is not within the province of the Chair to decide whether proposed
legislation conflicts with treaty obligations. Volume VI, section 252.
A point of order as to the competency or meaning of an amendment does
not constitute a parliamentary question. Volume VI, section 254.
The fact that the provision of a proposed amendment is contained in a
later portion of the bill constitutes no reason why it should be ruled
out by the Speaker. Volume II, section 1327.
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.
The consistency of a proposed amendment with the text is a question to
be passed on by the House and not by the Speaker. Volume VIII, section
3458.
The fact that an amendment proposed to a Senate amendment would in
effect change a provision of the text to which both Houses have agreed
does not constitute a reason why the Speaker should rule it out. Volume
II, section 1335.
The fact that an amendment proposed to a Senate amendment would in
effect change a provision of the text to which both Houses have agreed
does not constitute a reason why the Speaker should rule it out. Volume
V, sections 6183-6185.
The question of order being raised that a pending resolution reflected
on the Senate, the Speaker held that it was a matter for the House and
not the Chair to pass on. Volume III, section 1744.
(51) Decides Questions of Order.--Does Not Pass on the Constitutional
Powers of the House.
It is not the duty of the Speaker to construe the Constitution as
affecting proposed legislation. Volume II, sections 1255, 1318-1320.
Volume VIII, sections 2225, 3031.
It is for the House and not the Speaker to pass on a question relating
to the constitutional prerogatives of the House. Volume II, sections
1490, 1491.
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.
SPEAKER--Continued.
(51) Decides Questions of Order--Does Not Pass on the Constitutional
Powers of the House--Continued.
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, sections 1320, 1322.
The competency of the House to take a proposed course of action is a
matter for the decision of the House rather than the Speaker. Volume
II, section 1321.
(52) Decides Questions of Order.--General Matters Not for His Decision.
The fact that the subject of a pending bill has already been acted on
in another form is a matter for the consideration of the House, but
does not justify the Speaker in ruling the bill out. Volume II, section
1325.
Under the early practice the Speakers used to rule subjects out of
order because they were already before the House in another form.
Volume II, section 1326.
The Speaker does not rule out a pending legislative proposition, even
though the lapse of time may have rendered it futile. Volume II,
section 1337.
It is for the House and not the Speaker to determine whether or not a
person arraigned for contempt shall be heard before being ordered into
custody. Volume III, section 1684.
Whether or not it was proper to censure a Member who had resigned was
held to be a question for the House and not the Chair. Volume II,
section 1275.
Whether the House shall continue the legislative day into Sunday is not
a question for the decision of the Speaker. Volume V, section 6695.
The propriety of continuing a session into Sunday does not constitute a
question of order for the Speaker, who may not adjourn the House
against its will. Volume V, section 6728.
The Speaker held that he could not prevent a majority of the House from
so amending the Journal as to undo an actual transaction. Volume IV,
sections 3091-3093.
Instance wherein an act performed by the Speaker under the rules was
reversed by an amendment changing the Journal entry. Volume IV,
sections 3091-3093.
On the call of committees each bill must be called on authorization of
the committee, but in case of dispute as to the authorization the
Speaker cannot decide as to the fact. Volume IV, section 3127.
It is not within the province of the Chair to decide whether an
amendment is inconsistent with previous action of the committee. Volume
VI, section 256.
A question as to the inconsistency of a proposed amendment with action
previously taken by the committee is a proposition to be passed upon by
the committee and not by the Chair. Volume VI, section 257.
The question as to whether a proposed amendment embodies a proposition
already voted on is one to be passed upon by the House and not by the
Speaker. Volume VI, section 255.
It is for the House and not the Speaker to decide whether or not an
office is incompatible with membership in the House. Volume VI, section
253.
The Speaker held that it was for the House rather than the Chair to
decide whether a bill was ``of the same substance'' as another
previously considered. Volume VII, section 1049.
The effect of an amendment upon a bill is a question for the House and
is not passed upon by the Speaker. Volume VII, section 2142.
It is for the House and not the Chair to decide on the propriety of
words demanded to be taken down as unparliamentary. Volume VIII,
section 2540.
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.
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.
SPEAKER--Continued.
(52) Decides Questions of Order.--General Matters Not for His
Decision--Continued.
Whether motions to instruct are inconsistent with action previously
taken by the House, is a question for the House, and the Speaker
declines to rule such motions out of order on that ground. Volume VIII,
section 3230.
(53) Decides Questions of Order.--Authority as to Reports of
Committees.
While a rule requires that every bill reported from a committee shall
be accompanied by a written report, the sufficiency of that report is
passed on by the House and not the Speaker Volume IV, section 4653.
It is for the House and not the Speaker to decide as to the sufficiency
of a report made in writing by a committee. Volume II, section 1339.
The Speaker, being satisfied of the correctness of the authorization of
a report, may decide that it shall be received. Volume IV, sections
4592, 4593.
The Speaker may, upon statements from the chairman and other members of
a committee, rule that the calling up of a bill has been authorized by
a committee. Volume IV, section 3128.
The Speaker may not rule out a report because the committee have failed
to comply with their instructions in relation to it. Volume IV, section
4689.
When a committee had made a report which exceeded its instructions the
Speaker ruled out the excess portion but permitted the remainder of the
report to stand. Volume IV, section 4404.
A question as to whether or not a committee in its report has violated
its instructions is passed on by the House and not the Speaker. Volume
II, section 1338.
(54) Decides Questions of Order.--As to Conference Reports and
Statements.
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.
It is only in later years that the Speakers have assumed authority to
determine whether or not the managers of a conference have transcended
their powers. Volume V, sections 6414-6416.
While the Chair may not pass upon the completeness of the written
statement accompanying a conference report he may require it to be in
proper form. Volume V, section 6513.
It is for the House and not the Speaker to determine whether or not the
detailed statement accompanying a conference report is sufficient to
comply with the rule. Volume V, sections 6511, 6512.
(55) Decides Questions of Order.--Review of an Appeal.
The decision of a question of order by the Chair is subject to appeal
by any Member. Volume V, section 6938.
An appeal from the decision of the Chair is in order during a call of
the House. Volume VI, section 681.
The right of appeal insures the House against the arbitrary control of
the Speaker and can not be taken away from the House. Volume V, section
6002.
An appeal may not be taken from a response of the Speaker to a
parliamentary inquiry. Volume V, section 6955.
There is no appeal from a decision by the Speaker on a question of
recognition. Volume VIII, sections 2429, 2446.
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.
SPEAKER--Continued.
(55) Decides Questions of Order.--Review of an Appeal--Continued.
On an appeal from a decision of the chairman in a committee the Chair
voted to sustain his ruling, thereby producing a tie, and so the
decision was sustained. Volume IV, section 4569.
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 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.
A decision of the Speaker which was overruled by the House was
subsequently reaffirmed and sustained, and embodies the established
practice of the House. Volume VIII, section 3376.
(56) GDecides Questions of Order.--Instances of Decisions Overruled and
Principles Established Thereby.
Instance where Speaker was overruled. Volume V, section 5948.
A Member who was absent when a vote was taken may not move to
reconsider (Speaker overruled). Volume V, section 5619.
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 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 resolution to investigate a charge that a Member had improperly
abstracted papers from the files of an Executive Department was
entertained as privileged (Speaker overruled). Volume III, section
2655.
It is the practice of the House not to limit general debate in
Committee of the Whole until it has begun (Speaker overruled). Volume
V, section 5205.
A division of the question may not be demanded on a motion to lay a
series of resolutions on the table. Volume V, section 6138.
In the general, although not universal, practice debate has not been
closed by the ordering of the yeas and nays until one Member has
responded to the call. Volume V, section 6102.
The requirement as to consideration in Committee of the Whole applies
to amendments as well as to bills. Volume IV, section 4793, 4794.
The House has overruled a decision of a Speaker admitting an appeal.
Volume V, section 6953.
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.
Overruling the Speaker, at his invitation, the House decided that a
billing providing for the establishing of a national park and
conferring authority on the Secretary of the Interior to administer,
protect, and develop it, required consideration in the Committee of the
Whole. Volume VIII, section 2412.
Provision for contingent hearings conducted by Cabinet members to
determine requirements for a bridge across navigable waters was held by
the House (overruling the Speaker) not to be sufficiently patent as a
charge upon the Government to require consideration in Committee of the
Whole. Volume VIII, section 2391.
The House (overruling the Speaker) held the motion discharging a
committee from the consideration of a bill to be of higher privilege on
suspension day than the motion to resolve into Committee of the Whole
for the consideration of revenue or appropriation bills. Volume VII,
section 1016.
The House decided (overruling the Speaker) that the motion to
reconsider the vote on a proposition having been once agreed to, and
the vote having again been taken, a second motion to reconsider may not
be made unless the nature of the proposition has been changed by
amendment. Volume VIII, section 2788.
SPEAKER--Continued.
(57) Duty as to Motions and Votes.--Rarely Submits a Motion From the
Floor.
In very rare cases the Speaker takes the floor to make a motion. Volume
II, sections 1375, 1376.
Calling a Member to the chair, Mr. Speaker Colfax offered from the
floor a resolution for the expulsion of a Member. Volume II, section
1253.
(58) Duty as to Motions and Votes.--Putting the Question.
The question, if in order, must be put. Volume II, section 1312.
It is the duty of the Speaker to put a motion in order under the rules
and practice without passing on its constitutional effect. Volume IV,
section 3550.
The motion as stated by the Chair in putting the question and not as
stated by the Member in offering the motion, is the proposition voted
upon. Volume VI, section 247.
The rules prescribe the form in which the Speaker shall put the
question. Volume V, section 5927.
Rule as to forms in which the Speaker shall put the question and method
of determining the result. Volume II, section 1311.
When a motion is made the Speaker shall state it or cause it to be read
by the Clerk before being debated. Volume V, section 5304.
Debate should not begin until the question has been stated by the
Speaker. Volume V, section 4982.
The House insists on compliance with the rule that a motion must be
stated by the Speaker or read by the Clerk before debate shall begin.
Volume V, section 4983.
Every motion made to the House and entertained by the Speaker shall be
reduced to writing on the demand of any Member. Volume V, section 5300.
Before debate is in order the motion must be stated by the Member or
even be reduced to writing, if required, and announced by the Chair.
Volume V, section 4986.
Every motion entertained by the Speaker shall be entered on the
Journal, with the name of the Member making it, unless it be withdrawn
the same day. Volume V, section 5300.
A motion which is not entertained by the Speaker is not entered on the
Journal. Volume IV, section 2813.
A motion which has been stated by the Speaker or read by the Clerk is
in possession of the house, but may be withdrawn before a decision or
amendment. Volume V, section 5304.
(59) Duty as to Motions and Votes.--May Not Entertain Dilatory Motions.
Finding the ordinary and proper parliamentary motions used solely for
delay and obstruction, Mr. Speaker Reed ruled them out as dilatory, and
was sustained on appeal. Volume V, section 5713.
No dilatory motion shall be entertained by the Speaker. Volume V,
section 5706.
Review of the conditions which resulted in the rule empowering the
Speaker to decline to recognize for dilatory motions. Volume V, section
5706.
When motions or appeals have been made with an evident purpose of
obstruction the Speaker, acting under the rule, has held them dilatory,
either on a point of order being made or without it. Volume V, sections
5715-5722.
A motion must be manifestly for delay in order to justify its rejection
as dilatory. Volume V, section 5714.
The constitutional right of a Member to demand the yeas and nays may
not be overruled as dilatory. Volume V, section 5737.
The motion to reconsider has been ruled out as dilatory when manifestly
made for purpose of delay. Volume V, section 5735.
The Speaker has ruled a demand for tellers dilatory when satisfied that
it was made only for purposes of delay. Volume V, sections 5735, 5736.
The Speaker has declined to entertain debate or appeal on a question as
to dilatoriness of a motion. Volume V, section 5731.
SPEAKER--Continued.
(59) Duty as to Motions and Votes.--May Not Entertain Dilatory
Motions.--Continued.
The presence of a quorum having been ascertained, the Speaker has
overruled points of ``no quorum'' made very soon thereafter. Volume V,
sections 5726-5730.
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.
Special orders are often used to further the consideration of business
by preventing dilatory motions, and in such cases the Chair has
exercised discretion as to entertaining motions to adjourn, for recess,
and appeals. Volume IV, sections 3210-3213.
Pending consideration of a report from the Committee on Rules the
Speaker is forbidden to entertain dilatory motions. Volume V, section
5738.
Pending a motion to suspend the rules the Speaker may entertain one
motion that the House adjourn, but thereafter no other dilatory motion
may be made. Volume V, section 5743.
The Speaker, during the period when the rules made in order a motion to
excuse a Member from voting, held the motion dilatory when applied to
votes on adjourning or for a call of the House, since it might be used
to prevent adjourning or the procuring of a quorum. Volume V, sections
5709-5712.
In a rare instance in the earlier history of the House a Speaker
declined to entertain an appeal which was evidently trivial. Volume V,
section 5723.
During the electoral count of 1877, when the proceedings were
prescribed by law, the Speaker rule that a motion interfering with the
promptness of those proceedings was dilatory. Volume III, section 1955.
A motion to recommit having been ruled out of order, another motion is
in order if offered in good faith, but subsequent recognition to move
recommitment is within the discretion of the Speaker and may be denied
if dilatory. Volume VIII, section 2760.
The question as to whether a motion is dilatory is determined within
the discretion of the Speaker by the evident motive of the Member
presenting it. Volume VIII, section 2713.
If apparent that a motion is offered for the purpose of delaying the
business of the House it is the duty of the Speaker to rule it out as
dilatory without waiting for suggestion from the floor. Volume VIII,
section 2796.
Although circumstances seemed to indicate that a motion had been made
for purposes of obstruction, the Speaker inquired as to the motives
prompting the motion, and being assured by the proponent that it was
offered in good faith, declined to hold it dilatory. Volume VIII,
section 2797.
The question of dilatoriness is not necessarily determined by the
length of time which has elapsed since the ascertainment of the
presence of a quorum, or the character of business intervening, but by
the opinion of the Speaker as to whether under the circumstances the
motion is made with intent to delay the business of the House. Volume
VIII, section 2804.
The point of no quorum has been ruled out as dilatory immediately
following a roll call or count by the Chair disclosing the presence of
a quorum, but the Chair will not so rule unless the presence of a
quorum is patent. Volume VIII, section 2807.
The Chair being satisfied that a quorum was present and that a point of
no quorum was made for dilatory purposes declined to entertain it.
Volume VIII, section 2808.
When convinced that a point of no quorum is made for purposes of
obstruction the Speaker has declined to entertain it even after the
intervention of business. Volume VIII, section 2811.
(60) Duty as to Motions and Votes.--The Demand for a Second.
When a motion to suspend the rules is entertained the Speaker is
accustomed to ask at once ``Is a second demanded?'' Volume V, section
6800.
SPEAKER--Continued.
(60) Duty as to Motions and Votes.--The Demand for a Second--Continued.
On a motion to suspend the rules it is the right of a Member to demand
a second, but not the duty of the Chair to call for it. Volume V,
section 6801.
On the failure of a quorum in a vote by tellers on seconding the old
motion to discharge a committee the Chair directed a call of the House
under the rule. Volume VI, section 707.
(61) Duty as to Motions and Votes.--Voting Viva Voce and by Division.
The integrity of the Speaker in counting a vote has never been
questioned in the House. Volume VIII, section 3115.
On a vote the Speaker first decides by the sound, but if he or any
Member is dissatisfied a division by rising is had. Volume V, section
5926.
One of the suppositions on which the parliamentary law is founded is
that the Speaker will not betray his duty to make an honest count on a
division. Volume V, section 6002.
The reading of papers other than the one 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.
(62) Duty as to Motions and Votes.--Voting by Tellers.
Tellers may be ordered by the Speaker if he is in doubt, or by one-
fifth of a quorum. Volume V, section 5985.
After gentlemen favoring an amendment had declined to act as tellers
for a pending vote the Chair appointed the second teller from those
opposed. Volume V, section 5988.
Two Members of the minority party having successively declined to act
as tellers, the Speaker directed the Member who had been appointed
teller for the majority party to count the vote. Volume V, section
5989.
The count by tellers becoming uncertain by reason of confusion, the
Chair ordered the vote taken again. Volume V, section 5991.
(63) Duty as to Motions and Votes.--Voting by Yeas and Nays.
In passing on a demand for the yeas and nays the Speaker need determine
only whether one-fifth of those present sustain the demand. Volume V,
section 6043. Volume VIII, sections 3112, 3115.
In counting to ascertain the presence of a quorum or whether a
sufficient number have voted to order yeas and nays, the Chair counts
all Members visible, including those in lobbies and cloakrooms. Volume
VIII, section 3120.
While the count of the Speaker in determining whether a requisite
number of Members has sustained a demand for the yeas and nays is not
subject to verification, and a call for those opposed may not be
demanded as a matter of right, in exceptional instances requests for
tellers have been entertained. Volume VIII, sections 3112, 3115.
On a demand for the yeas and nays it is not in order to request a
rising vote in the negative and the count of the Chair is not subject
to verification. Volume VIII, section 3114.
In ascertaining whether one-fifth of the Members present support a
demand for the yeas and nays the Speaker is not required to take a
rising vote of those opposing but counts all present. Volume VIII,
section 3114.
The Speaker has declined during a call of the yeas and nays to
entertain an appeal from his decision that the roll call might not be
interrupted. Volume V, section 6051.
After the roll call is completed the Speaker is forbidden to entertain
a request to record a vote, unless in a case where a Member's presence
has been noted in ascertaining a quorum. Volume V, section 6046.
A Member who is listening when his name should be called and fails to
hear it is permitted to vote at the end of the roll call, but under no
other circumstances may the Speaker entertain a Member's request to be
recorded. Volume V, sections 6071, 6072.
SPEAKER--Continued.
(63) Duty as to Motions and Votes.--Voting by Yeas and Nays--Continued.
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 Speaker may not entertain the request of a Member to answer
``present'' at the conclusion of the roll call provided for by section
1 of Rule XV. Volume V, section 6069.
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 Member may not, as a matter of right, demand a recapitulation of a
yea-and-nay vote, but if the vote be close the Speaker usually orders
it. Volume V, sections 6049, 6050.
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 statement that a Member who is alleged to be absent has been
recorded as voting should be sustained by undoubted evidence to justify
the Chair in ordering the vote stricken off. Volume V, section 6096.
It is the duty of the Speaker to qualify a Member asking to vote at the
end of the roll, but it is for the Member and not the Speaker to say
whether he was in the Hall and listening and unless he answers
categorically in the affirmative he may not vote. Volume VIII, section
3139.
On an uncontradicted assertion that a Member recorded as voting had not
been present and had not voted the Chair directed the name to be
stricken from the list of those voting. Volume V, sections 6097, 6098.
A Member having stated on his responsibility that another Member
recorded as voting on a preceding day was not then present, the Speaker
ordered the correction of the Journal before its approval. Volume V,
section 6099.
All requests by Members as to whether recorded or how recorded on a
roll call are properly addressed to the Speaker from the floor and not
to the clerks at the desk. Volume VI, section 194.
A Member may not, as a right, demand the recapitulation of a yea-and-
nay vote, but if the vote is close the Speaker usually orders it.
Volume VIII, section 3126.
Recapitulation of a vote is within the discretion of the Speaker and
may not be demanded as a matter of right. Volume VIII, section 3128.
The Speaker declined to entertain an appeal from his decision refusing
recapitulation of a vote. Volume VIII, section 3128.
(64) Duty as to Motions and Votes.--Voting by Ballot.
The Speaker appointed four tellers to count the ballots for managers of
the Johnson impeachment. Volume III, section 2417.
Mr. Speaker Colfax tendered to several Members of the minority a place
as one of the tellers to count the ballots for managers of the Johnson
impeachment. Volume III, section 2417.
Members of the minority declining to serve as tellers to count the
ballots for managers of the Johnson impeachment, the Speaker appointed
all from the majority party. Volume III, section 2417.
(65) Duty as to Motions and Votes.--As to Right or Duty of Members to
Vote.
The Speaker has no power to compel a Member to vote. Volume V, section
5942.
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.
SPEAKER--Continued.
(65) Duty as to Motions and Votes.--As to Right or Duty of Members to
Vote-- Continued.
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 Speaker declined to assume the authority to deprive Members present
in custody of the Sergeant-at-Arms of the right to vote. Volume V,
section 5937.
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.
An instance wherein the Speaker decided that a Member should not vote
because of disqualifying personal interest. Volume V, section 5958.
On a motion to discharge a committee for consideration of a resolution
affecting the seats of several Members the Chair held that the Members
concerned might vote. Volume V, section 5960.
(66) Vote of.
The Speaker is not required to vote unless his vote would be decisive.
Volume VIII, section 3075.
The Chair may vote to make a tie and so decide the question in the
negative as he may vote to break a tie and decide a question in the
affirmative. Volume VIII, section 3100.
Recapitulation of a vote by which a bill had been passed by a majority
of one having shown the actual vote to be a tie, the Speaker cast the
deciding vote. Volume VIII, section 3075.
The Speaker's vote is properly recorded at the end of the roll call.
Volume VIII, section 3075.
The Speaker as a Member of the House may object to a request for
unanimous consent. Volume VIII, section 3383.
(67) Duties in Relation to Committee of the Whole.
In forming a Committee of the Whole the Speaker leaves the chair after
appointing a Chairman to preside. Volume IV, section 4704.
Under the requirements of a special order the Speaker declares the
House resolved into Committee of the Whole without action of the House
itself at the time. Volume IV, section 3214.
The Speaker recognizes only reports from the Committee of the Whole
made by the Chairman thereof. Volume V, section 6987.
Questions of order relating to procedure (as distinguished from cases
of disorder or contempt) arising in Committee of the Whole are decided
by the Chairman, and the Speaker has declined to consider them. Volume
V, sections 6927, 6928.
The 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.
The Speaker cannot review any matter in Committee of the Whole, not
even the failure of a quorum, unless it be mentioned in the report to
the House. Volume IV, section 4914.
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.
SPEAKER--Continued.
(68) Pronounces Adjournments and Recesses.
There is no adjournment until the Speaker pronounces it, and no Member
should leave his place until the Speaker has passed on. Volume V,
section 5360.
When the hour previously fixed for an adjournment arrives the Speaker
declares the House adjourned. Volume V, section 6735.
When the House adjourns sine die in pursuance of a concurrent
resolution of the two Houses the adjournment is pronounced by the
Speaker without motion from the floor. Volume V, sections 6707, 6708.
When the House has sat to the limit of the constitutional term of the
Congress a motion to adjourn may be put and carried or the Speaker may
declare the adjournment sine die without motion. Volume V, sections
6711-6713.
When the House has sat to the limit of the constitutional term of the
Congress the Speaker pronounces an adjournment sine die, without a
motion being put or carried (footnote). Volume V, section 6709.
The Speaker interrupts a roll call and declares the House adjourned
sine die, without motion or vote of the House, when the hour of
expiration of the term of the Congress arrives. Volume V, sections
6715-6718.
The hour for final adjournment arriving in the midst of a call of the
roll the Speaker directed the call to be suspended and declared the
House adjourned sine die. Volume V, section 6325.
At the time fixed for adjournment sine die the Speaker has interrupted
a roll call, even when its continuance might have passed a resolution
extending the session. Volume V, sections 6719, 6720.
The hour fixed for adjournment sine die having arrived the Speaker
delivered his valedictory and declared the House adjourned, although no
quorum was present. Volume V, section 6721.
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.
The hour fixed by the rules for a recess having arrived the Speaker
declares the House in recess, although less than a quorum may be
present. Volume IV, section 2965.
When the hour previously fixed for a recess arrives the Chair declares
the House in recess, even in the midst of a division (but not a roll
call) or when a quorum is not present. Volume V, sections 6665, 6666.
The hour fixed by special order for a recess having arrived, the
Speaker held the House to be in recess although a quorum was not
present. Volume VI, section 664.
An instance wherein a recess was taken subject to the call of the
Speaker. Volume VIII, section 3358.
In providing for merely formal sessions, the House has authorized the
Speaker to designate a date on which the regular routine of the House
should be resumed. Volume VIII, section 3369.
(69) Reception and Reference of Messages.
The ceremony of receiving a messenger from the President of the United
States in the House. Volume V, section 6591.
Messengers are saluted by the Speaker for the House. Volume V, section
6590.
The Speaker has exercised his discretion about interrupting the pending
business to permit the reception of a message. Volume V, section 6602.
As a Committee of the Whole may not receive a message, the Speaker
takes the chair informally if a message be received while the committee
is sitting. Volume V, section 6590.
A message being announced while the Committee of the Whole is in
session, the committee rises informally and the Speaker takes the chair
to receive it. Volume IV, section 4786.
Ordinary messages of the President are referred without debate, usually
by the Speaker, but sometimes by the House itself. Volume V, section
6631.
SPEAKER--Continued.
(69) Reception and Reference of Messages--Continued.
A message of the President is usually referred by direction of the
Speaker, but a Member may move a reference. Volume IV, section 4053.
While the specific time at which a message shall be laid before the
House is within the Speaker's discretion, it may not be deferred to a
day subsequent except by order of the House. Volume VII, section 1104.
While bills returned with the President's objections are taken up for
consideration on the day received, the time of the day of laying the
message before the House is within the discretion of the Speaker.
Volume VII, section 1100.
(70) Reception and Reference of Executive Communications.
Executive communications are addressed to the Speaker and are by him
referred. Volume IV, section 3573.
The statutes provide that the House or any one of its committees having
jurisdiction may transmit a claim to the Court of Claims for a finding
of fact, which shall be transmitted to the House through the Speaker.
Volume IV, section 3303.
The Speaker may not treat as confidential official communications
received from the heads of executive departments. Volume VI, section
434.
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.
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.
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.
While the annual message of the President is customarily referred by
the House, special messages 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.
(71) Disposition of Other Communications to the House.
The Speaker has considered it his duty to present the proper
communication of a citizen addressed through him to the House on a
public matter. Volume IV, section 3319.
The Speaker often presents, in regular order or by unanimous consent,
communications or memorials addressed to the House. Volume V, sections
6657-6660.
Discussion of the duty of a Presiding Officer in relation to the
presentation of communications. Volume IV, section 3320.
The House has declared that a communication from person not a Member
criticizing words spoken in debate by a Member should not be received.
Volume III, section 2683.
A communication from a Member relating to a controversy over a subject
before the House was laid before the House by the Speaker by unanimous
consent. Volume V, section 6655.
The Speaker laid before the House a letter of explanation from a
Senator who was aggrieved by a reference to him personally in a House
report. Volume V, section 6654.
The Speaker has considered it his duty to lay before the House a
communication from a suspended consul-general who asked an
investigation. Volume III, section 1749.
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.
An instance wherein a Delegate gave notice of a contest by a telegram,
which was submitted to the House by the Speaker. Volume I, section 467.
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.
The Speaker sometimes by unanimous consent lays before the House
invitations to it to participate in public ceremonies. Volume V,
section 7052.
Only on special occasions are communications addressed to the Speaker
recorded in the Journal. Volume IV, section 2835.
SPEAKER--Continued.
(71) Disposition of Other Communications to the House--Continued.
The Speaker having made a verbal statement concerning a communication
returned by him to the governor of a State, the Journal simply recorded
the fact that such a statement was made. Volume IV, section 2834.
(72) Presentation and Reference of Petitions and Memorials.
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.
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.
The Speaker explained to the House that he declined to present a paper,
in the nature of a memorial, disrespectful to his office. Volume IV,
section 3317.
Instance wherein the Speaker presented a petition in which were
preferred charges against a Federal judge. Volume III, section 2030.
An instance wherein impeachment proceedings were set in motion by
memorials filed with the Speaker and by him transmitted to a committee
of the House. Volume VI, section 552.
A memorial addressed to the Speaker and setting forth charges against a
civil officer was referred to the Committee on the Judiciary, which
recommended an investigation. Volume VI, section 543.
(73) Duties as to Reference, etc., of Bills and Reports.
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.
Reference of public bills is by the Speaker through the Clerk at the
Speaker's table. Volume VII, section 1031.
Discretion of the Speaker in referring to the committees bills on the
Speaker's table. Volume IV, sections 3107, 3111.
Nonprivileged reports are delivered to the Clerk for reference to the
calendars under direction of the Speaker. Volume IV, section 3116.
The Speaker makes it his duty, ordinarily, to object to a request for
unanimous consent that a bill may be acted on without being read.
Volume IV, section 3390. Volume VII, section 1054.
A private bill, reported from a committee not having jurisdiction of
the subject, was ordered by the Speaker to be recommitted as a step
preliminary to a change of reference. Volume IV, section 4392.
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 being satisfied that a committee had not exceeded its
jurisdiction in authorizing a report decided it should be received .
Volume VIII, section 2224.
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.
The House having agreed to the introduction of a bill after
adjournment, the Speaker announced its reference to a committee. Volume
VII, section 1030.
The Senate reference of a bill is not considered in determining the
committee to which it shall be referred when taken from the Speaker's
table for reference in the House. Volume VII, section 1033.
It is the function of the Speaker to enforce the provision of the
statutes prescribing forms of bills. Volume VII, section 1034.
There being no question as to the facts affecting the validity of a
report the Speaker decided that it should be received. Volume VII,
section 2311.
SPEAKER--Continued.
(73) Duties as to Reference, etc., of Bills and Reports--Continued.
Bills on the wrong calendar may be transferred to the proper calendar
as of date of original reference by direction of the Speaker. Volume
VII, sections 744, 746, 869.
Bills on the wrong calendar are transferred to the proper calendar by
direction of the Speaker without reference to the House. Volume VIII,
section 2407.
Bills erroneously referred to calendars are transferred to the proper
calendar by direction of the Speaker. Volume VII, section 859.
The Speaker may correct the reference of a bill to the calendars at any
time before consideration begins and while the question of
consideration is pending. Volume VI, section 748.
A point of order that a resolution was on the wrong calendar being
sustained, the Speaker directed the Clerk to refer the resolution to
the appropriate calendar. Volume VIII, section 2416.
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.
The right of the Speaker to correct the erroneous reference of bills to
the calendars does not apply to references made by the House. Volume
VI, section 749.
(74) Duty as to the Journal.
Duties of the Speaker regarding the opening of the session and the
reading of the Journal. Volume II, section 1310.
The Speaker's right to examine and correct the Journal after it is made
up by the Clerk has always been affirmed. Volume IV, sections 2735-
2737.
The only Journal which may be read to the House is one that has been
examined and corrected by the Speaker under the rule. Volume IV,
section 2734.
The preliminary right of the Speaker to correct the Journal should be
exercised before it is read to the House. Volume IV, section 2738.
Discussion of the scope of the Speaker's power to correct the Journal
before it is read. Volume IV, section 2734.
The Journal being correct, the Speaker nevertheless entertained a
motion to amend it so as to cause it to state what was not the fact,
leaving the House to decide on the propriety of the action. Volume IV,
section 2785.
The Speaker has ruled out of order a motion to expunge a portion of the
Journal. Volume IV, sections 2790, 2791.
(75) Duty and Power as to the Congressional Record.
As a general principle the Speaker has no control over the official
record of debates. Volume V, section 7017.
A question as to the authority of the Speaker over the Congressional
Record. Volume V, section 6984.
The Speaker supervises the work of the official reporters and
stenographers, and may remove for cause. Volume V, section 6958.
The Speaker exercises jurisdiction over the Official Reporters of the
House and the committee stenographers and their assistants and
substitutes. Volume VIII, section 3459.
The Record failing to include communications read from the desk and
objection being made on that account, the Speaker directed that they be
printed in the Record of the following day. Volume VI, section 229.
The Speaker has no authority over the Congressional Record, but the
House may correct it in any manner it may please. Volume V, section
6983.
The Speaker has no control over the Congressional Record and no
authority to censor or exclude speeches of Members. Volume VIII,
section 3474.
A resolution to correct the Congressional Record is privileged, and
such correction is not within control of the Speaker. Volume V, section
7019.
Words spoken by a Member after he has been called to order may be
excluded from the Congressional Record by direction of the Speaker.
Volume V, sections 6975-6978.
SPEAKER--Continued.
(75) Duty and Power as to the Congressional Record--Continued.
It is for the House and not the Chair to decide whether or not a
copyrighted article shall be printed in the Congressional Record.
Volume V, section 6985.
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.
The House and not the Speaker decides whether or not a Member has
exceeded the leave given him to print in the Record. Volume V, sections
6998-7000.
It is for the House and not the Speaker to pass on an alleged abuse of
the leave to print in the Congressional Record. Volume V, section 7012.
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.
The Speaker may order stricken from the notes of the reporters remarks
made by Members who have not been recognized and to whom the Member
having the floor has declined to yield. Volume VIII, section 3466.
The Speaker has no authority over the Congressional Record, and it is
for the House to say when the rules have been violated and to enforce
their observance. Volume VIII, section 3483.
In exceptional instances words flagrantly disorderly have been excluded
from the Record by direction of the Speaker. Volume VIII, section 3471.
The House and not the Speaker determines what liberty shall be allowed
to a Member who has leave to extend his remarks in the Record. Volume
V, section 6997.
(76) As to Entry of Addresses, etc., of, in the Journal.
The address of the Speaker on taking the chair, as well as his remarks
on leaving it, is often entered on the Journal without special order
(footnote). Volume II, section 1362.
The practice has not been uniform as to the recording of the addresses
of Speakers in the Journal. Volume IV, section 2851.
The farewell address of the Speaker appears in full in the Journal.
Volume I, section 233.
The remarks of the Speaker announcing the death of John Quincy Adams
were printed in full in the Journal by order of the House. Volume V,
section 7160.
The Speaker having been ordered by the House to communicate a
resolution to the last surviving signer of the Declaration of
Independence, laid before the House a copy of the letter, and it was
entered in the Journal. Volume V, section 7088.
The Speaker having been directed to communicate with relatives of
George Washington concerning the removal of his remains, copies of the
correspondence were entered in the Journal without special order.
Volume V, section 7075.
(77) Signature of.--To Enrolled Bills. See also ``Signing.''
Enrolled bills are signed first by the Speaker, then by the President
of the Senate. Volume IV, section 3429.
The House may, by unanimous consent, authorize the Speaker to sign an
enrolled bill that is not certified by report of the committee. Volume
IV, section 3452.
The Speaker may not sign an enrolled bill in the absence of a quorum.
Volume III, section 3458.
The Speaker declines to sign an enrolled bill until a pending motion to
reconsider has been disposed of. Volume V, section 5705.
An error having been discovered in an enrolled bill, the House
authorized the Speaker to erase his signature, and the error was
corrected by a concurrent resolution. Volume IV, section 3453.
By unanimous consent the Speaker, on request of the Senate, was
authorized to cancel his signature to an enrolled pension bill, the
beneficiary of which was dead. Volume IV, sections 3455, 3456.
SPEAKER--Continued.
(77) Signature of.--To Enrolled Bills--Continued.
A request of the Senate that the House vacate the signature of the
Speaker to an enrolled bill was denied by the House, unanimous consent
being refused. Volume IV, section 3457.
(78) Signature of.--To Certificates of Salaries and Mileage.
The Speaker during sessions and the Clerk during recess of Congress
certifies to the compensation of Members, and the Speaker certifies as
to mileage. Volume II, section 1156.
Certificates of salary and mileage of Members may be signed for the
Speaker by a designated employee. Volume II, section 1157.
A certificate issued by the Speaker of the House of Representatives
within the meeting of sections 47 and 48 of the Revised Statutes and as
such is conclusive upon the accounting officers of the Treasury. Volume
VI, section 202.
(79) Signature of.--To Articles, Replication, etc., in an Impeachment.
The article of impeachment in the Peck case was signed by the Speaker
and attested by the Clerk. Volume III, section 2370.
The articles in the Blount impeachment were signed by the Speaker and
attested by the Clerk. Volume III, section 2302.
The articles impeaching Judge Pickering, with signature of the Speaker
and attestation of the Clerk. Volume III, section 2328.
The articles impeaching Judge Humphreys were signed by the Speaker and
attested by the Clerk. Volume III, section 2390.
The articles impeaching President Johnson were signed by the Speaker
and attested by the Clerk. Volume III, section 2420.
The articles impeaching Secretary Belknap were signed by the Speaker
and attested by the Clerk. Volume III, section 2449.
The replication in the Chase impeachment was signed by the Speaker and
attested by the Clerk. Volume III, section 2352.
The replication of the House to the plea in Blount's case was signed by
the Speaker and attested by the Clerk. Volume III, section 2311.
The replication in the Johnson trial was signed by the Speaker and
attested by the Clerk. Volume III, section 2432.
The surrejoinder of the House of Representatives in the Belknap trial
was signed by the Speaker and attested by the Clerk. Volume III,
section 2455.
(80) Signature of.--To Subpoenas, Writs, Warrants, etc.
The Speaker signs all acts, addresses, writs, warrants, and subpoenas.
Volume II, section 1313.
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.
Instance wherein witnesses in a contested election case were to be
summoned by subpoenas issued by the Speaker. Volume I, section 598.
The Speaker may be authorized and directed to issue subpoenas during a
recess of Congress. Volume III, section 1806.
By concurrent resolution the two Houses empowered the Vice-President
and Speaker to sign subpoenas during a recess of Congress. Volume III,
section 1763.
An investigating committee being empowered to sit during recess, the
Speaker was authorized and directed to sign subpoenas as during a
session. Volume III, section 1753.
The Speaker has authority to issue a warrant of arrest only by order of
the House. Volume I, section 287.
Instance wherein the House authorized the Speaker to issue warrant for
the arrest of absentees. Volume VI, section 638.
By direction of the House, the Speaker issued and the Sergeant-at-Arms
served a warrant for the arrest of a person charged with contempt of
the House. Volume VI, section 532.
SPEAKER--Continued.
(81) Signature of.--In Certifying Cases of Contumacious Witnesses to
the Courts, etc.
The statutes provide that the fact of a witness's contumacy shall be
certified by the Speaker under seal of the House to the district
attorney of the District of Columbia. Volume III, section 1769.
A witnesses having declined to answer a pertinent question before a
committee charged with an investigation, the House Directed the Speaker
to certify that fact to the United States District Attorney. Volume VI,
section 385.
The Speaker, without order of the House and under the law, certifies
the Case of a contumacious witness to the district attorney, but the
Journal may contain no record of his act. Volume III, section 1691.
The Journal did not record the Speaker's act in certifying the Wolcott
case to the district attorney. Volume III, section 1672.
Although the House imprisoned Wolcott for contempt, the Speaker also
certified the case to the district attorney in pursuance of law. Volume
III, section 1672.
An instance wherein the Speaker announced that he had certified to the
district attorney the case of a contumacious witness. Volume III,
section 1686.
The Journal contains no reference to the act of the Speaker in
certifying the case of the witness Kilbourn to the district attorney.
Volume II, section 1609.
The House sometimes directs the Speaker to certify to the Executive
authority testimony taken by a House committee and affecting an
official. Volume III, section 1785.
(82) Administers Censure by Direction of the House.
The Speaker may not pronounce censure except by order of the House.
Volume VI, section 237.
Form of censure administered by the Speaker to a Member by order of the
House. Volume II, section 1259, Volume VI, section 236.
For attempting to bribe a Member John Anderson was censured by the
Speaker at the bar of the House. Volume II, section 1606.
The Committee of the Whole having reported language alleged to be
unparliamentary, a resolution of censure was held to be in order
without a prior decision of the Speaker that the words were in fact out
of order. Volume II, section 1259.
Censure inflicted by the Speaker on a citizen and his apology to the
House appear in full in the Journal. Volume VI, section 333.
The Speaker having, by order of the House, censured a Member, the words
of censure were spread on the Journal. Volume II, sections 1249, 1251.
Volume VI, section 236.
A Member having been subjected to censure, the Speaker, after
deliberation, laid before the House a letter of explanation and apology
from the Member. Volume VI, section 236.
(83) Duty as to Vacancies in Membership.
An inquiry of the Clerk having elicited from the State executive the
fact that a Member had resigned, the Speaker directed his name to be
stricken from the roll. Volume II, section 1209.
A seat being declared vacant, the House directed the Speaker to notify
the executive of the State. Volume I, section 824.
A seat being declared vacant, the Speaker was directed to inform the
executive of the State. Volume I, section 709.
When received, a resignation is laid before the House by the Speaker
and no action by the House is required. Volume VI, section 226.
(84) Executive Duties as to the Hall.--Control of Corridors and Rooms.
The Speaker has general control of the hall, corridors, and
unappropriated rooms in the House Wing of the Capitol. Volume II,
section 1354. Volume VI, section 261.
SPEAKER--Continued.
(84) Executive Duties as to the Hall.--Control of Corridors and Rooms--
Continued.
The control of the Speaker extends only to the ``unappropriated rooms''
of the House Wing, and the House itself controls the disposition of the
other rooms. Volume V, sections 7273-7281.
Instance wherein the Speaker directed the removal of a placard posted
in the lobby of the House. Volume VI, section 262.
(85) Executive Duties as to the Hall.--Use of the Galleries.
A portion of the east gallery is assigned to the use of families of
Members, the Speaker issuing a card to each Member for his family and
visitors. Volume V, section 7302.
The Speaker controls one bench in the gallery assigned to the families
of Members. Volume V, section 7302.
The Speaker is required to set aside a portion of the west gallery for
persons admitted on the cards of Members. Volume V, section 7302.
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.
The Speaker having declined to order the galleries to be cleared, a
motion to effect that purpose was offered from the floor and
entertained. Volume II, section 1353.
In the absence of the customary resolution relating to disposition of
the galleries during the electoral count, the usual reservations were
made by the direction of the Speaker. Volume VI, section 443.
(86) Executive Duties as to the Hall.--Care of the House Wing and
Grounds.
The care, preservation, and orderly keeping of the House Wing of the
Capitol devolve on the Superintendent under regulations prescribed by
the Speaker. Volume V, section 7312.
The electrician and laborers connected with the lighting, heating, and
ventilating of the House are under direction of the Superintendent,
subject to the control of the Speaker. Volume V, section 7312.
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.
(87) Executive Duties as to the Hall.--Enforcement of the Rule as to
Privilege of the Floor.
The Speaker is forbidden to entertain a request for 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.
It being alleged that an ex-Member was violating the privileges of the
floor, the Speaker declared it a matter for the House and not the Chair
to consider. Volume V, section 7286.
An ex-Member who was abusing the privileges of the floor was excluded
by direction of the Speaker. Volume V, section 7288.
Rigid enforcement of the rule forbidding requests for extension of the
privileges of the floor. Volume V, section 7284.
(88) Executive Duties as to the Hall.--Admission of Representatives of
the Press.
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.
Representatives of certain specified new associations are admitted to
the floor of the House under regulations prescribed by the Speaker.
Volume V, section 7304. Volume VIII, section 3642.
SPEAKER--Continued.
(88) Executive Duties as to the Hall.--Admission of Representatives of
the Press--Continued.
Representatives of the press have been admitted by permission of the
Speaker. Volume V, sections 7305-7310.
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.
(89) Status at Joint Meetings of the Two Houses, etc.
In the electoral count of 1817 the Speaker presided with the President
of the Senate and ruled on a proposition made by a Member of the House.
Volume III, section 1935.
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.
Method of examining witnesses through the Speaker in a contempt case
tried at the bar of the House in 1795. Volume II, section 1602.
Instance wherein a Speaker gave testimony before a committee of
investigation. Volume III, section 1776.
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 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.
At the electoral count of 1821 the Speaker was made, so far as the
action of the House could control, Presiding Officer of the House
portion of the joint meeting, and he did in fact so preside. Volume
III, section 1937.
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.
Disorder arising in the joint meeting during the electoral count of
1869, the Speaker called Members of the House to order and directed the
Sergeant-at-Arms to assist. Volume III, section 1950.
At the presentation of the articles impeaching President Johnson the
Speaker was, by order of the Senate, escorted to a seat beside the
President pro tempore. Volume III, section 2420.
In response to the President's annual speech the Speaker, attended by
the House, used to deliver an address. Volume V, section 6629.
(90) Thanks to.
Form of resolution thanking the Speaker at the adjournment of a
Congress. Volume V, sections 7046-7048. Volume VIII, sections 3509,
3513.
References to divisions on the resolution of thanks to the Speaker
(footnote). Volume V, section 7046.
The resolution of thanks to the Speaker at the end of his term of
service is presented as privileged. Volume V, sections 7050, 7051.
(91) In general.
A resolution declaring vacant the office of Speaker is presented as a
matter of high constitutional privilege. Volume VI, section 35.
The rules require Members to address themselves to ``Mr. Speaker''
only, and it is a breach of parliamentary law for Members to preface
remarks by addressing themselves to ``Gentlemen of the House,''
``Ladies and gentlemen,'' etc. Volume VI, section 285.
The seal of the House is in control of the House rather than of the
Speaker. Volume I, section 256.
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.
SPEAKER--Continued.
(91) In General--Continued.
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. Volume VIII, sections 3384, 3386.
Before the adoption of rules the Speaker has declined to record the
vote of a Member who failed to qualify as being in the Hall and
listening when his name was called. Volume VIII, section 3386.
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.
Ceremonies at the presentation of portraits of ex-Speakers. Volume V,
sections 7065-7069.
The Clerk, presiding during organization, declined to put a question,
whereupon a Member-elect put the question from the floor. Volume I,
section 67.
The Speaker being absent at adjournment sine die, the House transmitted
to him a resolution of symapathy. Volume VIII, section 3513.
An instance wherein the House extended felicitations to a former
Speaker. Volume VIII, section 3515.
Proceedings on the occasion of the birthday of a former Speaker. Volume
VIII, section 3514.
In 1910 provision was made by resolution for the painting of portraits
of all former speakers of whom no acceptance portrait was in possession
of the House. Volume VIII, section 3530.
Under the later practice portraits of the Speakers are painted by order
of the House in the course of their incumbency and are hung without
ceremony. Volume VIII, section 3530.
SPEAKER PRO TEMPORE.
(1) Nature of the office.--In general.
(2) Nature of the office.--As to oath of.
(3) Nature of the office.--As to authority to appoint committees.
(3) Nature of the office.--Authority to sign enrolled bills.
(5) In general.
(6) Election of.
(7) Designation of.
(8) Notification of Senate and President of the election of.
(9) Members of minority party as.
(10) When a question involves the personal interest of the Speaker.
(1) Nature of the Office.--In General.
A Speaker pro tempore is appointed by the Speaker or elected by the
House. Volume II, section 1377. Volume VI, section 263.
Discussion of the nature and functions of the office of Speaker pro
tempore. Volume I, section 229.
As to the competency of a Speaker pro tempore to administer the oath to
Members. Volume I, section 170.
There may be a call of the House with a Speaker pro tempore in the
chair. Volume IV, section 2989.
Instance wherein the Speaker pro tempore administered the oath to a
Member. Volume VI, section 20.
Under a call of House warrants for the arrest of Members may be issued
by the Speaker pro tempore. Volume VI, section 688.
SPEAKER PRO TEMPORE--Continued.
(2) Nature of the Office.--As to Oath of.
A Speaker pro tempore is not sworn. Volume II, section 1394.
A Speaker pro tempore, elected only for the temporary absence of the
Speaker, is not sworn. Volume II, section 1386.
A Speaker pro tempore elected by the House is not sworn. Volume I,
section 229.
A Speaker pro tempore elected by the House is sworn as a prerequisite
to signing enrolled bills. Volume VI, section 274.
The House having approved the Speaker's designation of a Speaker pro
tempore, the oath was administered and the Clerk was directed to notify
the President and the Senate. Volume VI, section 280.
(3) Nature of the Office.--As to Authority to Appoint Committees.
A Member called to the chair by the Speaker was permitted to appoint a
committee by a vote of the House. Volume II, section 1360.
A Member called to the chair to preside temporarily was given special
authority by the House to appoint a committee. Volume II, section 1365.
A Speaker pro tempore by designation merely asks consent of the House
before appointing committees. Volume II, section 1395.
A Speaker pro tempore by designation merely asks consent of the House
before appointing conferees. Volume II, sections 1396-1398.
A Speaker pro tempore whose designation has received the approval of
the House appoints committees. Volume II, section 1404.
A Member called to the Chair during the day's sitting does not sign
enrolled bills or appoint committees. Volume VI, section 276.
(4) Nature of the Office.--Authority to Sign Enrolled Bills.
A Member called to the chair during the day's sitting does not sign
enrolled bills. Volume II, sections 1399, 1400. Volume VI, section 276.
There being doubt about the signing of enrolled bills by a Speaker pro
tempore designated by the Speaker, the House proceeded to elect. Volume
II, section 1401.
A Speaker pro tempore whose designation has received the approval of
the House signs enrolled bills. Volume II, section 1404. Volume VI,
section 277.
The House approved the designation of a Speaker pro tempore as a
prerequisite to his signing enrolled bills. Volume VI, section 278.
A Speaker pro tempore elected by the House is sworn as a prerequisite
to signing enrolled bills. Volume VI, section 274.
The Senate by rule empowers a Presiding Officer by designation to sign
enrolled bills. Volume II, section 1403.
(5) In General.
A Speaker pro tempore is sometimes thanked for his services. Volume V,
section 7049.
Discussion of a proposition to elect a Speaker pro tempore for the
period of organization before the election of a regular Speaker
(footnote). Volume I, section 223.
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.
Women presiding in the House or in the Committee of the Whole are
properly addressed as ``Madam Speaker'' and ``Madam Chairman''
respectively. Volume VI, section 284.
(6) Election of.
For an absence extending over a number of days it was considered
expedient to elect a Speaker pro tempore. Volume VI, section 275.
Form of resolution naming a Speaker pro tempore. Volume VI, section
268.
When the Speaker is absent at the beginning of a session the House may
adjourn or elect a Speaker pro tempore. Volume I, section 227.
SPEAKER PRO TEMPORE--Continued.
(6) Election of--Continued.
In the absence of the Speaker the House, unless it adjourn, elects a
Speaker pro tempore for the day or part of the day. Volume III,
sections 1386-1389.
A Speaker pro tempore is sometimes elected for a temporary absence of
the Speaker within the legislative day. Volume II, section 1380.
The Speaker pro tempore whom the House had just elected not being
present, the Clerk held that the motion to adjourn was not business,
and, under the circumstances, was the only motion in order. Volume I,
section 228.
By a rule, which is not adopted usually until a Speaker is elected, the
Sergeant-at-Arms is directed to preserve order under the direction of
the Clerk pending the election of a Speaker or Speaker pro tempore.
Volume I, section 257.
(7) Designation of.
Form and history of Rule I, Section 7, the rule relating to the
Speaker's appointment of a Speaker pro tempore. Volume VI, section 263.
Instance wherein the House authorized the Speaker to designate a
Speaker pro tempore for a term extending beyond the time provided by
the rules. Volume VI, section 280.
The House having agreed to an order for formal sessions on two days
only of each week over an extended period, authorized the Speaker to
appoint Speakers pro tempore at will during that time. Volume VI,
section 267.
For an absence extending beyond the legislative day and not caused by
illness the Speaker may designate a Speaker pro tempore only with
consent of the House. Volume II, section 1381.
The Speaker does not always name in open House the Member whom he calls
to the chair temporarily during the day's sitting. Volume II, section
1379.
A Speaker about to be absent sometimes obtains the consent of the House
to name a Speaker pro tempore. Volume II, sections 1390-1393. Volume
VI, sections 266, 277.
Form of Speaker's designation of a Speaker pro tempore. Volume II,
sections 1378, 1401. Volume VI, sections 269, 272.
Form of resolution approving designation of Speaker pro tempore. Volume
VI, section 278.
Form of resolution approving designation of Speaker pro tempore and
authorizing him to sign enrolled bills and appoint committees. Volume
VI, section 272.
The House having approved the Speaker's designation of a Speaker pro
tempore, the oath was administered and the Clerk was directed to notify
the President and the Senate. Volume VI, section 280.
A Speaker pro tempore sometimes designates another Speaker pro tempore.
Volume II, section 1384. Volume VI, section 275.
In the Senate a temporary President pro tempore sometimes designates
another. Volume II, section 1385.
Calling a Member to the chair, Mr. Speaker Colfax offered from the
floor a resolution for the expulsion of a Member. Volume II, section
1253.
Where the Speaker names a Member to preside during the remainder of a
day's sitting the Journal properly records the fact. Volume IV,
sections 2849, 2850.
The President pro tempore of the Senate has general power to designate
in writing a Senator to perform the duties of the Chair during his
absence. Volume II, section 1413.
In the Senate the process of designating a President pro tempore for
the day's sitting has been the subject of much discussion. Volume II,
sections 1414-1416.
(8) Notification of Senate and President of the Election of.
A Speaker pro tempore being elected the Senate and President are
informed. Volume II, section 1401.
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.
SPEAKER PRO TEMPORE--Continued.
(8) Notification of Senate and President of the Election of--Continued.
It is proper to inform the Senate of the election of a Speaker pro
tempore. Volume II, sections 1386, 1389.
A Speaker pro tempore being elected by the House, the Senate is
notified. Volume II, section 1405.
The House having approved the designation of a Speaker pro tempore, the
Speaker directed the Clerk to notify the President and the Senate.
Volume VI, sections 226, 277.
The President and the Senate were informed of the election of a Speaker
pro tempore. Volume VI, sections 375, 280.
(9) Members of Minority Party as.
In rare instances Members of the minority party have been called to the
chair by the Speaker. Volume II, sections 1286, 1363. 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
Speakers pro tempore. Volume II, section 1382.
In the earlier practice a Member of the minority party was sometimes
named as Speaker pro tempore. Volume II, sections 1390, 1391.
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.
(10) When a Question Involves the Personal Interest of the Speaker.
The Speaker leaves the chair during the transaction of any business
concerning himself, even the reference of a paper. Volume II, section
1359.
The Speaker called a Member to the chair during consideration of a
resolution criticizing his official conduct. Volume VI, section 565.
A matter concerning himself being before the House, the Speaker called
a Member to the chair. Volume II, section 1360.
Charges being made against the Speaker he called a Member of the
minority party to the chair during their consideration. Volume II,
section 1363.
The Speaker being implicated by certain charges, a Speaker pro tempore
selected from the minority party was empowered to appoint a committee
of investigation. Volume II, section 1286.
A select committee being authorized to investigate the conduct of the
Speaker, they were appointed by the Member called to the chair as
Speaker pro tempore. Volume II, section 1364.
A 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.
When the House was considering a resolution censuring a Member for an
alleged insult to the Speaker the Speaker called another Member to the
chair. Volume II, section 1248.
The Speaker of the House, being the Vice-President-elect, called a
Member to the chair during discussion of a question relating the
electoral count. Volume II, section 1365.
During consideration of a resolution to censure a Member for disrespect
for the Speaker the Member likewise assailed the Speaker pro tempore,
whereupon the Speaker resumed the chair while the House acted on the
latest breach of privilege. Volume II, section 1366.
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.
SPEAKER'S TABLE
(1) Rule for disposal of business on.
(2) Conditions of direct action on a Senate bill from.
(3) GDisposal of House bills with Senate amendments involving charge on
the Treasury, etc. See also ``Amendments, Senate.''
(1) Rule for Disposal of Business on.
Discussion with reference to the ``Speaker's table.'' Volume VIII,
section 2610.
The rule governing the disposition of business on the Speaker's table.
Volume IV, section 3089.
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.
History of practice of the House as to disposition of business on the
Speaker's table. Volume IV, section 3090.
Messages and bills from the Senate are either referred from the
Speaker's table or placed before the House directly. Volume IV, section
3089.
Discretion of the Speaker in referring to the committees bills on the
Speaker's table. Volume IV, sections 3107, 3111.
If a Senate bill be such as to require consideration Committee of the
Whole it may not be taken from the Speaker's table for direct action of
the House. Volume IV, section 3101.
It is not in order to discharge a committee from consideration of a
bill and return the bill to the Speaker's table. Volume VII, section
1818.
Bills received from the Senate go the Speaker's table, from which they
are referred to appropriate committees by the Speaker unless sooner
called up for consideration under the rules. Volume VI, section 727.
While it is the practice to refer promptly bills messaged over from the
Senate, it has been held that the rule requiring reference is merely
directory and not mandatory and that the length of times such bills may
remain on the Speaker's table before being referred is within the
Speaker's direction. Volume VI, section 727.
An exceptional instance wherein a bill messaged from the Senate was
retained on the Speaker's table for a period of 10 months. Volume VI,
section 727.
(2) Conditions of Direct Action of a Senate Bill From.
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.
The three conditions needed in order that a Senate bill on the
Speaker's table may be taken up for direct action by the House. Volume
IV, section 3098. Volume VI, section 734.
Form of special order for taking Senate bill from Speaker's table and
considering House bill in lieu thereof in Committee of the Whole.
Volume VII, section 800.
Procedure in the consideration of Senate bills called up from the
Speaker's table under the rule. Volume VI, section 738.
A Senate bill in order to be brought up directly from the Speaker's
table must have come to the House after and not before a House bill
substantially the same has been placed on the House Calendar. Volume
IV, section 3096. Volume VI, section 738.
In order for a Senate bill to brought up directly from the Speaker's
table, the House bill to which it is similar be on the House Calendar.
Volume VI, section 736.
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.
SPEAKER'S TABLE--Continued.
(2) Conditions of Direct Action on a Senate Bill From--Continued.
Interpretation of the words ``substantially the same'' as used in the
rule providing for calling a Senate bill from the Speaker's table for
immediate consideration. Volume IV, section 3099. Volume VI, section
734.
In determining the degree of similarity of a Senate bill on the
Speaker's table to a House bill already reported, the Chair considers
the House bill as reported by the committee and not as originally
introduced. Volume VI, section 734.
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 determining whether a House bill is substantially the same as a
Senate bill on the Speaker's table, amendments recommended by the
committee of the House are considered. Volume VI, section 736.
In ascertaining whether a Senate bill proposed to be taken from the
Speaker's table was sufficiently similar to a House bill already on the
calendar, a bill limiting certain banks to loans of $15,000 wad deemed
not substantially the same as a bill limiting such banks to loans of
$25,000. Volume VI, section 737.
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 concurrent resolution substantially the same as a House bill
on the House Calendar may be taken from the Speaker's table for
consideration. Volume IV, section 3097.
Although a committee must authorize the calling up of a Senate bill
directly from the Speaker's table, the actual motion need not be made
by one of the committee. Volume IV, section 3100.
The rule providing for consideration of Senate bills on the Speaker's
table applies to private as well as public bills. Volume IV, section
3101.
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.
The question of consideration may not be raised on a motion to take
from the Speaker's table Senate bills substantially the same as House
bills already favorably reported and on the House Calendar. Volume
VIII, section 2443.
A bill messaged from the Senate to the House having been retained on
the Speaker's table indefinitely without reference to a committee of
the House, the Senate declined to act on a resolution proposing
investigation of the delay. Volume VI, section 727.
(3) GDisposal of House Bills with Senate Amendments Involving Charge on
the Treasury, etc. See also ``Amendments, Senate.''
A House bill with Senate amendments requiring consideration in
Committee of the Whole should be referred from the Speaker's table to
the proper standing committee under the rules. Volume IV, sections
3106, 3107.
A House bill returned with Senate amendments involving a new matter of
appropriation, whether with or without a request for a conference, is
referred directly to a standing committee, and on being reported
therefrom is referred to the Committee of the Whole. Volume IV,
sections 3108-3110.
The point being made and sustained that a Senate amendment to a House
bill must be considered in Committee of the Whole, the bill is referred
directly from the Speaker's table to the standing committee having
jurisdiction. Volume IV, sections 3094-3095.
Instance wherein a House bill returned from the Senate with amendments
was taken from the Speaker's table and sent to conference on one motion
through the medium of a special order. Volume V, section 6405.
SPEARS.
The Alabama election case of Spears v. Burnett in the Fifty-seventh
Congress. Volume II, section 1119.
SPECIAL ORDERS.
(1)Origin and uses of.
(2) Forms of.--Providing for consideration of House bills in Committee
of the Whole.
(3) Forms of.--Relating to Senate amendments and conference reports.
(4) Forms of.--Relating to Senate bills.
(5) Forms of.--Relating to points of order, amendments, etc.
(6) Forms of.--Relating to tariff and general appropriation bills.
(7) Forms of.--General.
(8) Making of.--General principles as to.
(9) Making of.--By unanimous consent or suspension of the rules.
(10) Making of.--Through action of Committee on Rules.
(11) Making of.--By discharge of Committee on Rules. See also
``Discharge.''
(12) Making of.--Before the adoption of rules.
(13) Precedence of.--In general.
(14) Precedence of.--As related to other special orders.
(15) As related to questions of privilege.
(16) As related to the question of consideration.
(17) Previous question ordered by the terms of.
(18) As affecting resolving into Committee of the Whole and rising of
committee.
(19) As affecting consideration in Committee of the Whole.
(20) As affecting business on Monday, Wednesday, and Friday.
(21) Effect and Interpretation of.--As related to amendments.
(22) Effect and Interpretation of.--As related to time of sitting and
debate.
(23) Effect and Interpretation of.--Miscellaneous.
(24) In relation to motions to postpone, rescind, recommit, etc.
(25) In general.
(1) Origin and Uses of.
Tabulation, by sessions, of number of special orders providing for
consideration of business, adopted since the Sixtieth Congress. Volume
VII, section 762.
In 1832 the pressure of business began to bring into use the request
for unanimous consent and the special order. Volume IV, sections 3155-
3159.
Discussion of the purpose of using special orders by the majority side
of the House. Volume IV, section 3265.
Discussion as to the distinction between a special order and a standing
order. Volume V, section 5323.
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 rule providing for the consideration of a bill is not
invalidated by the fact that at the time the rule was reported the bill
was not on the calendar. Volume VIII, section 2259.
An instance in which a bill was considered in the House under the
provisions of a special order without having been reported by a
standing committee. Volume VIII, section 2996.
A exceptional instance in which bills relating to the same subject and
proposing the enactment of conflicting provisions of law were reported
simultaneously with favorable recommendation, followed by announcement
in reporting of a rule providing for their consideration that it was
not to be taken as a precedent. Volume VI, section 575.
Special orders are often used to further the consideration of business
by preventing dilatory motions, and in such cases the Chair has
exercised discretion as to entertaining motions to adjourn, for a
recess, and appeals. Volume IV, sections 3210-3213.
SPECIAL ORDERS--Continued.
(1) Origin and Uses of--Continued.
To prevent dilatory tactics the House adopted, under suspension of the
rules, a special order for consideration of the articles impeaching
President Johnson. Volume III, section 2414.
A special order may provide that all points of order against a
proposition be considered as waived. Volume VII, section 769.
A special order may provide that certain enumerated and described
amendments shall be offered to a bill, and thereby exclude amendments
to these amendments or other amendments. Volume IV, sections 3204,
3205.
An example of a special order which provided for fixing a ratio number
by specifying a series of numbers which might be offered successively
as amendments. Volume IV, section 3204.
Instance wherein a House bill returned from the Senate with amendments
was taken from the Speaker's table and sent to conference on one motion
through the medium of a special order. Volume V, section 6405.
In the House the discharge of conferees from the subject committed to
them is effected by an order reported from the Committee on Rules and
agreed to by the House. Volume V, section 6526.
Jurisdiction and functions denied a committee under the rules may be
conferred by special order. Volume VII, section 780.
The House by special order provided for election of House members of a
joint select committee previously authorized by law. Volume VI, section
371.
Instance wherein a bill with Senate amendments was taken from the
Speaker's table and the Senate amendment agreed to by resolution from
the Committee on Rules. Volume VIII, section 3149.
Instance wherein a conference report rejected on a point of order was
considered under a special order from the Committee on Rules. Volume
VIII, sections 3258, 3270.
(2) Forms of.--Providing for Consideration of House Bills in Committee
of the Whole.
Form of special order for consideration of a bill in Committee of the
Whole and in the House, with provisions for daily recess and evening
sessions. Volume VII, section 816.
Form of special order for considering a class of bills in Committee of
the Whole, with a limit of debate for each bill. Volume IV, section
3237.
Form of special order providing for the consideration successively of
certain joint resolutions in Committee of the Whole. Volume VII,
section 815.
Form of special order for the consideration, successively, of a number
of bills in designated order in Committee of the Whole and in the
House, excepting days set apart by the rules for certain classes of
business and providing against interference with other business
privileged under the rules. Volume VII, section 817.
Form of special order authorizing the motion to resolve into Committee
of the Whole for consideration of a bill, with provision for
termination of consideration on a day certain. Volume VII, section 812.
Form of special order resolving the House automatically into the
Committee of the Whole for the consideration of a bill. Volume VII,
section 806.
Form of special order for resolving automatically into Committee of the
Whole for consideration of a bill with the usual provisions as to limit
and control of debate. Volume VII, section 805.
Form of special order authorizing motion to resolve into Committee of
the Whole for the consideration of a bill with the usual provisions,
for limitations on debate, control of time, and disposition in the
House. Volume VII, section 797.
Form of special order limiting the time of consideration of a bill in
Committee of the Whole and in the House. Volume IV, section 3229.
Form of special order for consideration of a bill in Committee of the
Whole, providing for hour at which House shall meet during
consideration. Volume VII, section 809.
SPECIAL ORDERS--Continued.
(2) Forms of.--Providing for Consideration of House Bills in Committee
of the Whole--Continued.
Form of special order for considering a bill in Committee of the Whole
with provision for a report and action in the House at a certain time.
Volume IV, sections 3238-3241.
Form of special order making it in order to consider in the Committee
of the Whole a bill on the House Calendar. Volume VII, section 811.
Form of special order providing for the consideration, within certain
limits of time, of a substitute in lieu of a pending bill, in the
Committee of the Whole in the House. Volume VII, section 810.
(3) Forms of.--Relating to Senate Amendments and Conference Reports.
Example of special order for disposition of Senate amendments. Volume
IV, section 3250.
Form of special order providing for summary agreement to Senate
amendment. Volume VII, section 33149.
Form of special order authorizing a motion to consider Senate
amendments in Committee of the Whole. Volume VII, section 825.
Form of special order discharging committee from consideration of House
bill with Senate amendments and providing for consideration in
Committee of the Whole. Volume VII, section 819.
Form of special order for considering numerous Senate amendments to a
House bill without permitting debate and a vote on each separate
amendment, and for asking a conference at the same time. Volume IV,
sections 3243-3249.
Forms of special order making in order a motion to take from the
Speaker's table and send to conference bill with Senate amendments.
Volume VII, section 822.
Form of special order taking from the Speaker's table and sending to
conference a House bill with Senate amendments. Volume VII, section
826.
Form of special order discharging committee from consideration of bill
with Senate amendments and providing for conference. Volume VII,
sections 820, 821.
Form of a special order reported from the Committee on Rules providing
for consideration of a resolution instructing conferees. Volume VIII,
section 3345.
Form of resolution for consideration of conference report invalidated
on point of order. Volume VIII, section 3270.
Form of special order providing for consideration of two conference
reports as one report. Volume VII, section 775.
Form of special order for discharging managers of a conference and
disposing of amendments in dispute. Volume V, section 6526.
(4) Forms of.--Relating to Senate Bills.
Form of special order for amending a Senate bill and asking a
conference with the Senate thereon. Volume IV, section 3242.
Form of special order for considering a Senate bill in the Committee of
the Whole making in order House committee amendments and providing for
separate vote on each. Volume VII, section 799.
Form of special order for taking Senate bill from Speaker's table and
considering House bill in lieu thereof in Committee of the Whole.
Volume VII, section 800.
Form of special order for consideration of committee amendments to a
Senate bill on the House Calendar. Volume VII, section 801.
Form of special order for consideration of a House bill with provision
for substitution of Senate bill in Committee of the Whole. Volume VII,
section 843.
(5) Forms of.--Relating to Points of Order, Amendments, etc.
Form of special order authorizing consideration of a bill in Committee
of the Whole without intervention of points of order either against
provisions of the original bill or certain amendments recommended by
the committee reporting the bill. Volume VII, section 832.
SPECIAL ORDERS--Continued.
(5) Forms of.--Relating to Points of Order, Amendments, etc.--
Continued.
Form of special order for considering a bill in Committee of the Whole,
with clause exempting provisions from points of order. Volume VII,
section 813.
Form of special rule making in order all provisions of a bill pending
in the House, and all portions of the bill as reported and previously
stricken out on points of order. Volume VII, section 814.
Form of special order authorizing consideration of amendments not
otherwise in order. Volume VII, section 831.
Form of special order for consideration of an omnibus claims bill in
the House and in Committee of the Whole, with arrangement for purging
the bill of unauthorized items. Volume IV, section 3251.
Forms of special orders for limiting the time of consideration of a
bill in the House and restricting amendments. Volume IV, sections 3231-
3236.
Form of special order providing for consideration of House substitute
for Senate bill regardless of the rule requiring germaneness. Volume
VII, section 803.
Form of special order for consideration of a resolution and report
thereon in Committee of the Whole with provisions for vote on a
substitute. Volume VII, section 802.
Form of rule authorizing Members to demand a separate vote on each
amendment recommended by the Committee of the Whole. Volume VII,
section 803.
Form of special order providing for suspension of rules on other than a
suspension day. Volume VII, section 833.
Form of resolution making in order motions to suspend the rules during
the remainder of a session. Volume VII, section 836.
Example of special order providing for temporary modification of a
rule. Volume VII, section 835.
(6) Forms of.--Relating to Tariff and General Appropriation Bills.
Form of rule providing for consideration of a general tariff bill.
Volume VII, section 794.
Forms of special orders for considering in Committee of the Whole and
the House, within certain limits of time a general tariff bill. Volume
IV, sections 3258, 3259.
Form of rule utilized in expediting consideration of a general tariff
bill. Volume VII, section 775.
Forms of special order for considering in the Committee of the Whole
and the House, within certain limits of time, a general tariff bill.
Volume VII, section 829.
Forms of special orders authorizing legislative provisions
appropriation bills. Volume IV, sections 3260-3263.
Form of special order authorizing the consideration of an amendment to
a general appropriation bill. Volume VII, section 844.
Form of resolution making in order proposed amendments to a general
appropriation bill otherwise not germane and not previously authorized
by law. Volume VII, section 845.
(7) Forms of.--General.
Forms of special orders. Volume V, section 5821.
Forms of special orders providing a series of rules to regulate the
consideration of a bill and fix its relations to other business. Volume
IV, section 3265.
Form of special orders for assigning a day for consideration in the
House of bills reported from a certain committee. Volume IV, sections
3252, 3253.
Form of special order providing for the consideration of two distinct
bills successively, either in the House alone or in Committee of the
Whole. Volume IV, sections 3254-3257.
Forms of special order conferring privileged status on a bill. Volume
VII, section 837.
Form of special order conferring upon a bill for the current session
the status enjoyed by bills reported from committees having leave to
report at any time. Volume VII, section 841.
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.
SPECIAL ORDERS.--Continued.
(7) Forms of.--General--Continued.
Form of special order providing for consideration of a bill with
reservation as to days set apart by the rules for classes of business.
Volume VII, section 808.
Form of special order for consideration of a resolution declaring war.
Volume VIII, section 2460.
Form of special order authorizing a committee to call up a bill for
consideration with reservations as to certain privileged business.
Volume VII, section 842.
Form of special order providing temporarily for an additional
suspension day. Volume VII, section 834.
Form of special order for assigning a day for consideration in the
House of bills reported from a certain committee. Volume VII, section
818.
Form of special order providing for the consideration of a joint
resolution in the House. Volume VII, section 804.
Form of special order providing for consideration of report of a
committee of investigation. Volume VI, section 374.
(8) Making of.--General Principles as to.
Special orders are made either by vote of the House on a report from
the Committee on Rules, by suspension of the rules, or by unanimous
consent. Volume IV, sections 3152, 3153.
A special order being in effect a change of the rules establishing the
regular order of business may be made only in the manner prescribed for
making a change of the rules. Volume IV, sections 3161, 3162.
In the early practice a committee might not present a special order to
be adopted by majority vote. Volume IV, section 3153.
It is not in order to move in the House that a subject be made a
special order for a given date. Volume IV, section 3163.
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.
Although a rule may confine a certain session of the House to a
specified course of business, yet if a quorum be present, and no
objection be made effective, a special order may be made binding on the
house at a future session. Volume IV, sections 3167, 3168.
Unless otherwise provided, special orders may be altered by unanimous
consent only. Volume VII, section 763.
Special orders reported by the Committee on Rules are exceptions, as
provided in section 6 of Rule XVI, and are not divisible. Volume VIII,
section 3164.
(9) Making of.--By Unanimous Consent or Suspension of the Rules.
A special order may be made by unanimous consent. Volume VII, section
758.
A special order is sometimes agreed to by unanimous consent without
formal resolution. Volume VII, section 760.
Special orders are sometimes made by unanimous consent, without
awaiting the process required for changing the rules. Volume IV,
sections 3165, 3166.
The first special orders were made by unanimous consent or suspension
of the rules. Volume IV, sections 3155-3159.
A special order may be made under suspension of the rules. Volume IV,
section 3154.
In the earlier years of the House special orders were made by a two-
thirds vote on a motion to suspend the rules. Volume IV, sections 3161,
3162.
(10) Making of.--Through Action of Committee on Rules.
The Committee on Rules may report orders of procedure subject to two
limitations only: it may not provide for abrogation of the Calendar
Wednesday rule except by two-thirds vote or for denial of the motion to
recommit while the previous question is pending on final passage.
Volume VIII, section 2262.
SPECIAL ORDERS--Continued.
(10) Making of.--Through Action on Committee on Rules--Continued.
While the Committee on Rules is forbidden to report special orders
abrogating the Calendar Wednesday rule or excluding the motion to
recommit after ordering of the previous question, a resolution making
possible that ultimate result was on one occasion held in order. Volume
VIII, section 2267.
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.
The first step by which the Committee on Rules became an
instrumentality through which the House may exercise special power for
a particular piece of legislation. Volume V, section 6780.
In 1883 the House first began the practice of making a special order by
majority vote on a report from the Committee on Rules. Volume IV,
section 3160.
History of the evolution of the special order as made on a report from
the Committee on Rules. Volume IV, section 3152.
In 1875 the function of the Committee on Rules for special purposes was
so little used that there was doubt as to its validity without a two-
thirds vote. Volume V, section 6775.
A special order, reported by the Committee on Rules, is agreed to by
majority vote. Volume IV, section 3169.
The Committee on Rules may report a resolution providing for the
consideration of a bill which has not yet been introduced. Volume VIII,
section 3388.
The Committee on Rules may report a resolution for the consideration of
a bill, even though the effect be to discharge a committee and bring
before the House a bill not yet reported. Volume V, section 6771.
In 1886 the former custom of permitting the various committees to
propose special a orders for the consideration of business reported by
them began to cease, the function being absorbed by the Committee on
Rules. Volume V, section 6774.
Special orders providing for the consideration of individual bills or
classes of bills are reported by the Committee on Rules. Volume IV,
section 4326.
A special order providing for the consideration of a particular bill is
properly reported from the Committee on Rules. Volume IV, section 3160.
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 at any time. Volume V,
section 6774.
A resolution from the Committee on Rules providing for the
consideration of a bill relating to a certain subject may not be
amended by a proposition providing for the consideration of another and
not germane subject. Volume V, sections 5834-5836.
The Committee on Rules may report a resolution rescinding or modifying
a special order of business. Volume VIII, section 3390.
(11) Making of.--By Discharge of Committee on Rules. See also
``Discharge.''
A motion may be filed to discharge the Committee on Rules from the
consideration of special orders referred to that committee seven days
prior. Volume VII, section 1007.
If a motion to discharge the Committee on Rules prevails the House
immediately votes on the adoption of the special order and if decided
in the affirmative proceeds at once to its execution. Volume VII,
section 1007.
Form of resolution providing for consideration of a bill taken from the
Committee on Rules under motion to discharge and providing for
consideration of a bill adversely reported by the committee to which it
was referred. Volume VII, section 1012.
(12) Making of.--Before the Adoption of Rules.
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.
SPECIAL ORDERS--Continued.
(12) Making of.--Before the Adoption of Rules--Continued.
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.
(13) Precedence of.--In General.
A special order suspends the regular order of business for the time
being and a motion to proceed to the regular order is not in order.
Volume IV, sections 3170-3172.
Although a special order may provide for the consideration of a bill
immediately after the reading of the Journal on a given day, it does
not lose its privileged position if called up at a later hour. Volume
IV, section 3184.
When a special order applies to one day only, a bill taken up but left
undisposed of on that day loses its privileged position thereafter.
Volume IV, section 3186-3191.
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 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 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 has precedence during a time set apart by a special
order for a particular class of business. Volume V, section 6455.
A motion to suspend the rules is not in order during consideration of a
bill under a special order. Volume V, section 6838.
While the House was acting under a special order a motion to suspend
the rules to enable a Member to exceed the hour rule of debate was
admitted. Volume V, section 6839.
A motion to adjourn is in order when a quorum fails, notwithstanding
any terms of an existing special order of the House. Volume V, section
5365.
Although a special order may set apart a day for a special purpose, yet
the House may transact other business by unanimous consent. Volume V,
section 7246.
A bill on which the previous question had been ordered at adjournment
on Wednesday was taken up as the unfinished business on Thursday and
took precedence of a motion to go into the Committee of the Whole for
the consideration of a bill privileged by special order. Volume VIII,
section 2674.
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.
(14) Precedence of.--As Related to Other Special Orders.
When two special orders provide for the consideration of two bills at
one time the order first made has priority, but by raising the question
of consideration against either bill the House may determine the order.
Volume IV, sections 3193-3196.
A special order setting apart a day for the consideration of a
particular bill or of business from a particular committee has
precedence over a continuing order for the consideration of a bill or
of business from a committee. Volume IV, sections 3197, 3198.
(15) As Related to Questions of Privilege.
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,
section 560.
A motion raising a question relating to the privilege of the House was
held to take precedence over a special order. Volume IV, section 558.
A question of the privilege of the House takes precedence over the
consideration of a proposition privileged by special order. Volume VI,
section 395.
A matter of constitutional privilege takes precedence of a special
order. Volume III, section 2554.
SPECIAL ORDERS--Continued.
(16) As Related to the Question of Consideration.
The question of consideration may not be demanded against a class of
business in order under a special order or a rule, but may be demanded
against each bill individually as it is brought up. Volume V, sections
4958, 4959.
The question of consideration may be raised against a bill which has
been made a special order. Volume IV, section 3175.
Although a bill may come up by reason of being individually specified
in a special order, yet the question of consideration may be raised
against it. Volume V, sections 4953-4957.
Where a special order provides that immediately upon its adoption a
certain bill shall be considered the question of consideration may not
be raised against that bill. Volume V, section 4960.
In the later but not in the earlier practice it has been held that the
question of consideration may not be raised against a report from the
Committee on Rules relating to the order for considering individual
bills. Volume V, sections 4961-4963.
The fact that a bill had been made a special order for a certain day,
and that the House on that day refused to consider it, was held not to
prevent it coming up in regular order with other business of its class
on a later day. Volume IV, section 3183.
(17) Previous Question Ordered by the Terms of.
When a special order declares that at a certain time the previous
question shall be considered as ordered on a bill to the final passage
it has usually, but not always, been held that the motion to commit is
precluded. Volume IV, sections 3207-3209.
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.
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.
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 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.
(18) As Affecting Resolving Into Committee of the Whole and Rising of
Committee.
A special order providing that the House resolve into Committee of the
Whole is held to operate automatically. Volume VII, section 791.
When a special order provides for resolving into the Committee of the
Whole, the House resolves automatically on announcement by the Speaker
and without motion from the floor. Volume IV, section 3214. Volume VII,
sections 783, 794.
Under a special order providing that the House shall resolve into
Committee of the Whole, the House resolves automatically, and a motion
to go into committee is not in order. Volume VII, section 789.
Under a special order that the House immediately resolve into Committee
of the Whole, the House resolves into the committee automatically and
the consideration of other business is not in order. Volume VII,
section 790.
Under a special order providing for consideration in Committee of the
Whole, the House automatically resolves into the committee after voting
on a motion to close debate for which the committee has risen. Volume
VII, section 765.
SPECIAL ORDERS--Continued.
(18) As Affecting Resolving Into Committee of the Whole and Rising of
Committee--Continued.
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.
When provision is made by special order for the automatic rising of
Committee of the Whole at a designated time, a motion is required to
rise before that time and is in order. Volume VII, section 793.
(19) As Affecting Consideration in Committee of the Whole.
A bill being made a special order, the requirement that it shall be
considered in Committee of the Whole is waived. Volume IV, sections
3217-3224.
A special order providing for consideration of a bill, the requirement
that it be considered in Committee of the Whole is waived. Volume IV,
section 3199.
When a bill in Committee of the Whole is made a special order for a
certain date without specifying as to consideration in Committee of the
Whole, the effect of the order is to discharge the committee and bring
the bill into the House for consideration. Volume IV, section 3216.
By refusing to go into Committee of the Whole to consider a bill which
has been made a special order for consideration therein, the House may
then consider business prescribed by the regular order. Volume IV,
section 3088.
Instance wherein, under special order, the Chairman of the Committee of
the Whole declared the committee in recess from one calendar day to
another. Volume VIII, section 3360.
Under provisions of a special rule for the consideration of a bill, the
Chairman of the Committee of the Whole declared the committee in
session from day to day without the House having adjourned, recessed,
or convened, and without the Speaker appearing in the chair. Volume
VIII, section 3360.
The Committee of the Whole has no authority to modify an order of the
House. Volume IV, section 4712.
A Committee of the Whole ordinarily reports only such amendments as it
has agreed to, but sometimes by direction of a special order it reports
also amendments pending and undisposed of when it rises. Volume IV,
sections 3225-3228.
A Committee of the Whole, directed by order of the House to consider
certain bills, reported also certain other bills, whereupon the Speaker
held that so much of the report as related to the latter bills could be
received only by unanimous consent. Volume IV, section 4911.
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.
A special order providing that a bill should be open to amendment in
Committee of the Whole was held to prevent a motion to strike out the
enacting clause. Volume IV, section 3215.
(20) As Affecting Business on Monday, Wednesday, and Friday.
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 Monday or Friday set apart by the rules for a class of business.
Volume IV, sections 3201, 3202. Volume VII, sections 763, 771, 772,
791.
On a District of Columbia day (Monday) a motion to go into the
Committee of the Whole to consider District business and a motion to go
into the Committee to consider business generally privileged under a
special order are of equal privilege, and recognition to move either is
within the discretion of the Chair. Volume VII, section 877.
A special order providing for the consideration of a bill from day to
day until disposed of includes Mondays and Fridays, but not Wednesdays.
Volume VII, section 789.
SPECIAL ORDERS--Continued.
(20) As Affecting Business on Monday, Wednesday, and Friday--Continued.
The Speaker declines to entertain requests for unanimous consent to
establish special orders for Wednesday. Volume VII, section 888.
A special order providing for the consideration of a bill from day to
day until disposed of does not include Wednesday unless specifically
mentioned. Volume VII, section 773.
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.
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.
(21) Effect and Interpretation of.--As Related to Amendments.
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.
When a special order provides for the consideration of an amendment as
the original bill, the amendment and not the bill is read when called
up for consideration. Volume VII, section 784.
Under provision by special order that an amendment be read and
considered in lieu of the bill, the amendment is treated as original
text and is subject to amendment in the second degree. Volume VII,
section 783.
Under a special order providing that certain amendments shall be voted
on, it is not necessary that such amendments be offered and the Chair
will put the question without motion from the floor. Volume VII,
section 782.
Under a special order providing that a specified amendment ``shall be
voted on,'' that particular amendment only must be voted on and no
similar amendment or substitute, even though germane, is in order.
Volume VII, section 782.
Amendments authorized by special order may be supplanted or amended by
germane propositions of the same import though expressed in different
phraseology. Volume VII, section 781.
A special order having been agreed to providing for consideration of a
paragraph proposed legislation on an appropriation bill, germane
amendments were held in order but amendments proposing additional
legislation were not admitted. Volume VII, section 1397.
(22) Effect and Interpretation of.--As Related to Time of Sitting and
Debate.
Where a special order provides for convening of daily sessions at 11
o'clock while a bill is under consideration, the House meets at 11
o'clock only on days when consideration of the bill is in order. Volume
VII, section 763.
Time consumed in the discussion of points of order is not chargeable to
time fixed by special order for debate. Volume VIII, section 2556.
Under a special order providing for equal division of time for debate
between those favoring and those opposing a bill, without designating
who should control the time, it was held to be within the discretion of
the Chair to recognize a Member supporting and a Member opposing the
measure, each of whom should respectively control half the time. Volume
VII, section 785.
Where a special order for the consideration of a bill limited general
debate to one hour without providing for control of the time it was
held that the Member in charge should be recognized to control the time
in favor of the bill; the ranking minority Member to control the time
in opposition; and if none of the minority opposed the bill the
minority leader should control the time in opposition. Volume VIII,
section 2461.
Where a special order provided for a vote on an amendment at a
designated time, the Chairman at that time put the question, and
pending amendments to the amendment were not acted upon. Volume VII,
section 795.
Special Orders--Continued.
(22) Effect and Interpretation of.--As Related to Time of Sitting and
Debate--Continued.
Special orders are interpreted literally, and a rule providing that
consideration of a bill continue until a specified time was held to
preclude a motion to rise and report prior to that time. Volume VII,
section 794.
A special order fixing a time beyond which consideration of a bill
should not continue was held not to prevent conclusion of consideration
prior to that time. Volume VII, section 793.
When a special order prescribes limits beyond which debate may not
continue, the House may, on motion, close debate at any time within
such limits. Volume VII, section 765.
The House having adopted a special order susceptible of an
interpretation waiving the rule limiting Members to one hour debate,
the Speaker held the rule to remain in force unless specifically
abrogated. Volume VII, section 766.
(23) Effect and Interpretation of.--Miscellaneous.
A special order is strictly construed and supersedes rules with which
it may be in conflict. Volume VII, section 780.
A special order is interpreted literally and without regard to the
practicability of its provision. Volume VII, section 779.
A special order does not deprive the Member of his right to demand the
reading of the engrossed bill. Volume IV, section 3401.
Where a special order for the consideration of a bill prohibited
``intervening motions'' between the vote on an amendment and a final
vote it was held to exclude a motion to reconsider. Volume IV, section
3203.
A special order prohibiting ``debate or intervening motion,'' it was
held that an appeal should be entertained. Volume V, section 6954.
An instance of the difficulties arising from the terms of a special
order which permitted two substitute amendments to a bill to be pending
at once. Volume IV, section 3206.
A special order having assigned a certain day for such business as a
certain committee may present, the committee may call up its own bills,
wherever they may be, whether in the committee or on the calendar.
Volume IV, section 3199.
Two days having been assigned a committee generally for consideration
of its business in the House, it was held that they should be days on
which public business would be in order. Volume IV, section 3200.
The term ``minority'' in a special order was construed to refer to the
minority party in the House and not to those in the minority on the
pending question. Volume VII, section 767.
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 not insisted upon.
Volume VII, section 761.
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.
Where a special order provided for the consideration of a bill from day
to day until disposed of it was held that conference reports and
messages from the Senate might intervene. Volume VII, section 789.
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 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.
Special orders providing for consideration of bills, unless making
specific exemption, do not preclude the point of order that reports on
such bills fail to indicate proposed changes in existing law. Volume
VII, section 2245.
SPECIAL ORDERS--Continued.
(23) Effect and Interpretation of.--Miscellaneous--Continued.
A committee granted additional powers by special order is limited in
the exercise of those powers to matters specified in such order. Volume
VII, section 780.
A committee having been given the right by special order to report from
the floor, members of the committee are entitled to the same privilege
in presenting minority views. Volume VIII, section 2227.
Where a special order provided for the appointment of conferees
``without any intervening motion,'' it was held to exclude the motion
to instruct conferees, but not the motion to recommit. Volume VIII,
section 774.
A special order authorizing managers as provided by section 2 of Rule
XX to agree to a Senate amendment making appropriations, precludes the
point or order that the House has not voted separately on a new
appropriation in such amendment. Volume VII, section 768.
(24) In Relation to Motions to Postpone, Rescind, Recommit, etc.
It is not in order to move to postpone a special order providing for
the consideration of a class of bills. Volume V, section 4958.
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 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.
The House having postponed the election of an officer until a day
certain, a resolution to proceed to the election was held not in order
before that date. Volume I, section 263.
A motion to rescind a special order was decided by the House not to be
privileged under the rules. Volume V, section 5323.
A motion to rescind a special order is not privileged under the rules
regulating the order of business. Volume IV, sections 3173, 3174.
The Senate rescinded its order prescribing the method of voting on the
articles in the Johnson trial, although it was partially executed.
Volume III, section 2442.
A session of the House extending, by failure to adjourn, through the
succeeding calendar day, a special order for the legislative day
expected to be held on that calendar day falls, as the session is of
the legislative day. Volume IV, section 3192.
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.
Where a special order provided for the motion to recommit, a conference
report was admitted although Senate conferees had been discharged, the
special order having been adopted after their discharge. Volume VII,
section 779.
Provision in a special order that conference shall be asked and the
Speaker shall immediately appoint conferees without intervening motion,
precludes the motion to instruct. Volume VIII, section 3394.
A special order providing that a bill should be considered for
amendment under the 5-minute rule was construed to admit the motion to
strike out the enacting clause. Volume VII, section 787.
(25) In General.
When a special order applies to certain days only, a bill taken up but
left undisposed of can be called up again only on a day specified in
the order. Volume VII, section 763.
When business which by unanimous consent has been made a special order
remains unfinished at adjournment, it continues in order until disposed
of. Volume VII, section 770.
A bill undisposed of at adjournment on a day devoted to special
business comes up as unfinished business on the next day when that
class of business is again in order. Volume VIII, section 2334.
SPECIAL ORDERS--Continued.
(25) In General--Continued.
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.
A special order was held in abeyance, no objection having been offered.
Volume VII, section 791.
SPECIFIC APPROPRIATIONS.
Reference to the establishment of the system of specific appropriations
(footnote). Volume IV, section 4032.
SPEECHES. See also ``Congressional Record.''
If there is an evident abuse of the patience of the House and objection
is made the Member must have leave of the House to read a paper in his
place, even though it be his own written speech. Volume V, section
5258.
One House should not take notice of bills or other matters pending in
the other or votes or speeches until they be communicated. Volume III,
section 2656.
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.
SPEER.
The investigation into the conduct of Judge Emory Speer. Volume VI,
section 527.
SPEIGHT, JESSE, of North Carolina, Chairman.
Decisions on questions of order relating to--
Committee of the Whole. Volume V, section 6736.
Points of order. Volume V, section 6956.
SPENCER
The Senate election case of Sykes v. Spencer, from Alabama, in the
Forty-third Congress. Volume I, section 342-344.
The Louisiana election case of Spencer v. Morey in the Forty-fourth
Congess. Volume II, sections 913, 914.
The Mississippi election case of Newman v. Spencer in the Fifty-fourth
Congress. Volume I, section 754.
SPINK.
The election case of Burleigh and Spink v. Armstrong, from Dakota
Territory, in the Forty-second Congress. Volume II, section 889.
SPRINGER, WILLIAM M., of Illinois, Speaker Pro Tempore and Chairman.
Decisions on questions of order relating to--
Adjourn, motion to. Volume V, section 5388.
Appropriations. Volume VII, section 1528.
Authorization of appropriations. Volume IV, section 3657.
Conference reports. Volume V, sections 6505, 6509 (footnote), 6540.
House as in Committee of the Whole. Volume IV, section 4927.
Points of order. Volume IV, section 4783.
Reading of bills. Volume IV, section 3400.
Yeas and nays. Volume IV, section 3010.
STABILIZING CURRENCY.
Bills providing for stabilization of currency, formerly held to be
within the jurisdiction of the Committee on Coinage, Weights, and
Measures, are now considered by the Committee on Banking and Currency.
Volume VII, section 1796.
The Banking and Currency Committee exercises jurisdiction of bills
establishing legal tender, stabilizing currency and maintaining parity
of moneys issued. Volume VII, section 1792.
STAFF, GENERAL.
Appropriations for clerks in the office of the Chief of Staff belong on
the army bill. Volume IV, section 4182.
STAFFORD, WILLIAM H., of Wisconsin, Speaker pro tempore.
Decisions on questions of order relating to--
Amendment. Volume VIII, sections 2833, 2842.
Amendment, germaneness of. Volume VII, sections 860, 1377. Volume VIII,
sections 2988, 3013, 3025, 3031, 3047.
Appropriations. Volume VII, sections 2138, 2156. Volume VIII, section
2342.
Bills. Volume VIII, section 2374.
Debate. Volume VIII, sections 2572, 3416.
Enacting clause, strike out. Volume VIII, section 2430.
Question of order. Volume VIII, section 3430.
Reading. Volume VIII, section 2346.
Recognition. Volume VI, section 305. Volume VIII, section 2360.
Voting. Volume VI, section 696. Volume VIII, section 3120.
STALLINGS.
The Alabama election case of Clark v. Stallings in the Fifty-fifth
Congress. Volume I, section 747.
STAND ASIDE.
In 1899 a Member-elect, challenged as he was about to take the oath,
stood aside on the request of the Speaker. Volume I, section 474.
STANDARD OF VALUE.
Bills for defining and fixing the standard of value and regulating
coinage and exchange of coin are within the jurisdiction of the
Committee on Coinage, Weights, and Measures. Volume IV, section 4095.
STANDARD WEIGHTS, ETC.
Bills for the establishment of a standardizing bureau and the adoption
of the metric system have been reported by the Committee on Coinage,
Weights, and Measures. Volume IV, section 4091.
The Committee on Coinage, Weights, and Measures exercises jurisdiction
over legislation providing for the establishment of standard packages
and grades in interstate commerce. Volume VII, section 1799.
The Committee on Coinage, Weights, and Measures has jurisdiction over
the establishment of standard weights and measures for cereal mill
products, foodstuffs, and commercial feeds. Volume VII, section 1800.
Standards of quality and regulations for the control of interstate
distribution of coal and other fuels and the procuring and publication
of statistics relative thereto, are subject within the jurisdiction of
the Committee on Interstate and Foreign Commerce. Volume VII, section
1830.
Bills providing for the standardization in quality, weight, and measure
of agricultural products and breadstuffs have been considered by the
Committee on Agriculture. Volume VII, section 1868.
STANDING COMMITTEES. See ``Committees.''
STANDING ORDERS.
Discussion as to the distinction between a special order and a standing
order. Volume V, section 5323.
The resolution of the House fixing the hour of daily meeting is a
standing order rather than a rule. Volume I, sections 116, 117.
The House has by standing order provided that it should meet on two
days only of each week instead of daily. Volume V, section 6675.
STANDING ORDERS--Continued.
A resolution changing or construing a standing rule or order is in
order only when presented in the manner prescribed for changing the
rules. Volume V, sections 6778, 6779.
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.
Deputies with authority to execute warrants may be appointed by the
Sergeant at Arms under a standing order of the Senate. Volume VI,
section 341.
The House has by standing order provided that it should meet on two
days only of each week instead of daily. Volume VIII, section 3369.
The motion to recess to the regular hour of meeting on the succeeding
day is not admissible because in contravention of a standing order of
the House, but if taken to such hour, the House when convened is still
in session as of the preceding day. Volume VIII, section 3356.
STANTON.
The Senate election case of Stanton v. Lane, of Kansas, in the Thirty-
seventh Congress. Volume I, section 491.
STARK.
In 1862, before the enactment of the test oath for loyalty, the Senate,
after mature consideration, declined to exclude for alleged disloyalty
Benjamin Stark, whose credentials were unimpeached. Volume I, section
443.
STATE CANVASS. See ``Elections.''
STATE CONSTITUTION. See ``Elections.''
Summary of provisions of State constitutions relating to impeachment
and removal by address. Volume III, section 2023.
STATE COURTS. See ``Elections.''
STATE DEPARTMENT.
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.
When a bill returned without the President's approval is passed by the
two Houses the Secretary of State receives the bill from the Presiding
Officer of the House in which it last was passed. Volume IV, section
3485.
Discussion of the status of the Department of State in relation to
resolutions of inquiry. Volume III, section 1905.
The original notice of ratification of a constitutional amendment by a
State is transmitted to the Secretary of State and a copy to the House,
where it is laid before the House by the Speaker and filed in its
archives. Volume VIII, section 3507.
STATE EXECUTIVE.
A seat being declared vacant, the House directed the Speaker to notify
the executive of the State. Volume I, section 824.
A seat being declared vacant, the House directs that the executive of
the State be informed. Volume II, sections 1203-1205.
It was long the practice to notify the executive of the State when a
vacancy was caused by the death of a Member during a session. Volume
II, sections 1198-1202.
An instance wherein the State executive transmitted the resignation of
a Member with the credentials of his successor. Volume II, section
1196.
STATE EXECUTIVE--Continued.
The executive of a State may inform the House that he has received the
resignation of a Member. Volume II, sections 1193, 1194.
The governor of a State, as canvassing officer, is not justified in
rejecting votes duly cast and returned. Volume II, section 884.
The action of a State executive in throwing out votes was disregarded
by the House. Volume II, section 884.
Criticism of a governor who issued a certificate on a canvass omitting
decisive county returns because of legal proceedings to secure a
recount. Volume II, section 1036.
A Senator may resign, appointing a future day for his resignation to
take effect, and the State executive may by appointment fill the
vacancy before that date. Volume II, section 1228.
Reference to cases in the Senate relating to the authority of State
executives to make appointments to fill vacancies in the United States
Senate (footnote). Volume I, section 790.
STATE LAW AS TO ELECTIONS. See ``Elections.''
STATE OFFICERS. See ``Elections.''
STATE OF THE UNION.
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.
STATEMENT.
(1) Accompanying a Conference Report. See also ``Conferences.''
(2) In general.
(1) Accompanying a Conference Report. See also ``Conferences.''
Each conference report shall be accompanied by a detailed statement
sufficiently explicit to explain the effect of the provisions of the
report. Volume V, section 6443.
The statement accompanying a conference report should be in writing and
signed by at least a majority of the House managers. Volume V, sections
6505, 6506.
It is for the House and not the Speaker to determine whether or not the
detailed statement accompanying a conference report is sufficient to
comply with the rule. Volume V, sections 6511, 6512.
While the Chair may not pass upon the completeness of the written
statement accompanying a conference report, he may require it to be in
proper form. Volume V, section 6513.
A conference report and the accompanying statement are required to be
printed in the Congressional Record before being considered, except
during the last six days of a session. Volume V, section 6516.
A conference report may not be received without the accompanying
statement required by the rule. Volume V, sections 6507-6510.
Form of statement to accompany a report of managers of a conference to
the House. Volume V, sections 6504, 6514, 6515.
Form of written statement that managers of a conference have failed to
agree. Volume V, sections 6568, 6569.
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.
(2) In General.
A verbal statement may not be received in the House as the report of a
committee. Volume IV, section 4654.
A committee controls its journal, and sometimes grants leave to Members
to incorporate in it signed statements of their views. Volume IV,
section 4579.
STATES. See also ``Apportionment'' and ``Electoral Count.''
(1) As related to procedure of the House.--Memorials from.
(2) As related to procedure of the House.--Jurisdiction as to claims.
(3) As related to procedure of the House.--Jurisdiction of other
subjects.
(4) As related to procedure of the House.--Right to investigate.
(5) As related to procedure of the House.--In general.
(6) Presentations for Statuary Hall.
(1) As Related to Procedure of the House.--Memorials From.
Joint resolutions of State legislatures intended as communications to
Congress are treated as memorials. Volume IV, section 3312.
Memorials of State legislatures were for a time spread on the Journal
in full, but the practice has ceased. Volume IV, sections 2855, 2856.
State memorials and petitions may be printed in full in the Record of
the House proceeding only by leave of the House as extension of
remarks. Volume VII, section 1024.
Origin of the order for the former call of States for petitions. Volume
IV, section 3313.
(2) As Related to Procedure of the House.--Jurisdiction as to Claims.
The Committee on Claims has shared in jurisdiction over public bills
for adjusting accounts between the United States and the several States
and Territories. Volume IV, section 4267.
The war claims of States and Territories against the United States have
been considered, although not exclusively, by the Committee on War
Claims. Volume IV, section 4271.
Claims of States against the United States and the adjustment of
accounts between the States and the United States have been considered
by the Judiciary Committee. Volume IV, section 4080.
The 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.
(3) As Related to Procedure of the House.--Jurisdiction of Other
Subjects.
The Committee on the Territories has, by rule, jurisdiction of subjects
relating ``to Territorial legislation, the revision thereof, and
affecting Territories or the admission of States.'' Volume IV, section
4208.
The rule gives to the Committee on the Militia jurisdiction of subjects
relating ``to the militia of the several States.'' Volume IV, section
4252.
Bills relating to the militia of the District of Columbia as well as to
that of the various States have been considered by the Committee on the
Militia. Volume IV, section 4253.
The settlement of boundary lines between States, or between a State and
a Territory, is within the jurisdiction of the Committee on the
Judiciary. Volume IV, section 4064.
As to jurisdiction in relation to overdue bonds of certain States held
in the Treasury as part of Indian trust funds. Volume IV, section 4207.
(4) As Related to Procedure of the House.--Right to Investigate.
Discussion of the effect of a State law as a limitation on the right of
the House to investigate. 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.
In 1860 the Massachusetts court decided that a warrant directed only to
the Sergeant-at-Arms of the United States Senate might not be served by
deputy in that State. Volume III, section 1718.
(5) As Related to Procedure of the House.--In General.
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.
STATES--Continued.
(5) As Related to Procedure of the House.-- In General--Continued.
Ministers from Foreign Governments and Governors of States (but not
Territories) have the privilege of the floor. Volume VIII, section
3634.
(6) Presentations for Statuary Hall.
A statute authorizes the contribution by each State of statues of two
of its distinguished citizens to be placed in National Statuary Hall.
Volume VIII, section 3643.
Ceremonies in accepting statues for Statuary Hall. Volume V, sections
7089-7099.
Form of resolution accepting from a State a statue for Statuary Hall.
Volume V, sections 7089-7099.
STATIONERY.
Each Member is allowed $125 annually for stationery, and the Clerk
maintains a stationery room for supplying articles. Volume II, sections
1161, 1162.
The disposition of stationery allowance to Members through the
stationery room. Volume VI, section 213.
Purchase through the stationery room of articles other than stationery
and necessary office supplies is restricted by law. Volume VI, section
213.
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.
Discussion of various services of the House, including the House
restaurant, House barber shops, and stationery and mileage allowances
to Members. Volume VI, section 216.
The Clerk keeps account of disbursement of the contingent fund and the
stationery accounts of Members. Volume I, section 251.
The Clerk furnishes stationery to the several committees and to the
officers of the House. Volume II, sections 1161, 1162.
Stationery, blank books, and other papers necessary to legislation are
furnished to the House and Senate and their committees on requisition
of the Clerk of the House and Secretary of the Senate, respectively.
Volume V, section 7322.
STATISTICS.
The abridgment of the elective franchise with reference to
apportionment as well as the collection of general statistics have been
considerated by the Committee on Census. Volume IV, section 4352.
Bills providing for the collection or publication of general statistics
have been considered by the Committee on the Census. Volume VII,
section 2061.
The compilation and dissemination of statistics and reports on
agricultural products are subjects within the jurisdiction of the
Committee on Agriculture. Volume VII, section 1872.
An appropriation for collection of market statistics on agricultural
products was held to be authorized by the organic act creating the
Department of Agriculture. Volume VII, section 1304.
Standards of quality and regulations for the control of interstate
distribution of coal and other fuels and the procuring and publication
of statistics relative thereto, are subjects within the jurisdiction of
the Committee on Interstate and Foreign Commerce. Volume VII, section
1830.
STATUARY HALL.
A statute authorizes the contribution by each State of statues of two
of its distinguished citizens to be placed in National Statuary Hall.
Volume VIII, section 3643.
The history of National Statuary Hall. Volume VIII, section 3643.
Ceremonies in accepting statues for Statuary Hall. Volume V, sections
7089-7099. Volume VIII, section 3545.
Form of resolution accepting from a State a statue for Statuary Hall.
Volume V, sections 7089-7099.
STATUTORY HALL--Continued.
The arrangement of the Hall of the House and Statutary Hall, and the
acceptance of works of art to be placed therein are subjects within the
jurisdiction of the House branch of the Joint Committee on the Library.
Volume VII, section 2083.
STATUES.
Form of resolution accepting from a State a statue for Statuary Hall.
Volume V, sections 7089-7099.
Subjects relating to monuments and statues in commemoration of
individuals have been considered by the House branch of the Joint
Committee on the Library. Volume IV, section 4342.
The rule gives to the Joint Committee on the Library jurisdiction
``touching the Library of Congress, statuary and pictures.'' Volume IV,
section 4337.
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.
STATUTES.
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 effect of the repeal of a repealing act is regulated by statute.
Volume IV, section 3389.
The rule gives to the Committee on Revision of the Laws jurisdiction of
subjects relating ``to the revision and codification of the statutes of
the United States.'' Volume IV, section 4293.
Examples of jurisdiction of the Committee on Revision of the Law over
bills embodying codifications. Volume IV, section 4295.
Statutes relating to printing the laws for the use of House and Senate.
Volume V, section 7328.
Functions delegated to a joint committee by statute may not be usurped
by the House. Volume VII, section 2165.
The statutes prescribe the form of enacting and resolving clauses of
bills and joint resolutions. Volume VII, section 1034.
The statutes and the practice of the House prescribe the style of
titles and form of bills. Volume VII, section 1035.
It is the function of the Speaker to enforce the provision of the
statutes prescribing forms of bills. Volume VII, section 1034.
STEAM VESSELS.
The inspection of steam vessels, as to hulls and boilers, is generally
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4133.
The inspection of steamboats, the regulation of officering and manning
vessels, and the classification and salaries of clerks in the
Steamboat-Inspection Service are subjects within the jurisdiction of
the Committee on the Merchant Marine and Fisheries. Volume VII, section
1854.
STECK.
The Senate election case of Steck v. Brookhart, of Iowa, in the Sixty-
ninth Congress. Volume VI, section 172.
STEELE.
The Indiana election case of Kidd v. Steele in the Forty-ninth
Congress. Volume II, section 1005.
STEELE, GEORGE W., of Indiana, Chairman.
Decision on question of order relating to order of business. Volume IV,
section 3062.
The Iowa election case of Steele v. Scott in the Sixty-fifth Congress.
Volume VI, section 146.
STEERING COMMITTEES.
Origin and history of the first elective steering committee in the
party organization of the House. Volume VIII, section 3621.
STEERING COMMITTEES--Continued.
The majority steering committee in the Sixty-fifth and Sixty-sixth
Congresses consisted of five members. Volume VIII, section 3625.
The majority steering committee in the Seventieth Congress. Volume
VIII, section 3626.
A majority steering committee was created in the Seventy-third Congress
consisting of 15 elective Members elected by geographical groups
sitting separately and voting by zones. Volume VIII, section 3622.
Provision for steering committee to be nominated by the committee on
committees and elected by the party conference. Volume VIII, section
3621.
The steering committee was nominated by the majority committee on
committees and elected by the party conference. Volume VIII, section
3625.
The Speaker, floor leader, chairman of the caucus, and chairman of the
rules committee are ex officio members of the steering committee.
Volume VIII, section 3622.
The membership of the steering committee is subject to recall whenever
the conference determines it is not representative of party sentiment
in the House. Volume VIII, section 3625.
The steering committee is not responsible to the caucus, and the
election of its members, individually or collectively, is not subject
to caucus ratification or rejection. Volume VIII, section 3622.
Members of the steering committee are directly responsible to the
membership of the zone from which elected and are subject to recall at
any time. Volume VIII, section 3622.
The leader serves as Chairman of the steering committee which meets on
call. Volume VIII, section 3625.
The floor leader is ex-officio chairman of the steering committee.
Volume VIII, section 3621.
The chairman of the steering committee is elected by the committee and
is ineligible to succeed himself. Volume VIII, section 3622.
The steering committee meets at the call of the chairman or on the call
of three members of the committee. Volume VIII, section 3622.
Differences of opinion as to party policies are submitted to the
steering committee for determination. Volume VIII, section 3623.
The steering committee frequently holds hearings before reaching a
decision on questions of policy. Volume VIII, section 3623.
STENOGRAPHERS.
The Speaker appoints the official reporters of debates and
stenographers of committees. Volume V, section 6958.
The Speaker exercises jurisdiction over the Official Reporters of the
House and the committee stenographers and their assistants and
substitutes. Volume VIII, section 3459.
Origin of the employment of committee stenographers. Volume V, section
6958.
Instances wherein the Speaker announced to the House his appointment of
reporters (footnote). Volume V, section 6958.
The Speaker supervises the work of the official reporters and
stenographers, and may remove for cause. Volume V, section 6958.
Questions have arisen as to the power of the Speaker in regard to the
removal of stenographers to committees (footnote). Volume V, section
6958.
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.
Official stenographers to the standing committees of the House shall
not furnish transcripts of testimony adduced before such committees
without written authorization from the chairman of the committee.
Volume VIII, section 3459.
STEPHENS.
The inquiry into the conduct of Judges William P. Van Ness, Matthias B.
Talmadge, and William Stephens in 1818. Volume III, section 2489.
STEPHENSON.
The Senate election case of Isaac Stephenson, of Wisconsin, in the
Sixty-second Congress. Volume VI, section 83.
STERLING, JOHN A., of Illinois, Chairman.
Decisions on questions of order relating to--
Authorization of appropriations. Volume IV, section 3608.
Debate. Volume V, section 5238.
STEVENS, FREDERICK C., of Minnesota, Chairman.
Decisions on questions of order relating to--
Amendment, germaneness of. Volume VIII, section 2962.
STEVENSON, ANDREW, of Virginia, Speaker.
Decisions on questions of order relating to--
Adhere, motion to. Volume V, sections 6242, 6308.
Amendments. Volume V, section 5764.
Amendments not germane. Volume V, section 5853.
Breach of privilege. Volume II, section 1366.
Call to order. Volume V, section 5197.
Clerk. Volume I, section 188.
Committee of the Whole. Volume IV, sections 4793, 4794, 4824.
Debate. Volume V, sections 5050-5053, 5101, 5113, 5163, 5164, 5166,
5171, 6944.
Disagree, motion to. Volume V, section 6167.
Division of question. Volume V, sections 6113, 6139, 6149.
Journal. Volume IV, sections 2816, 2847. Volume V, section 7075.
Memorials. Volume IV, section 3325.
Points of order. Volume II, section 1329. Volume V, section 6900.
Postpone, motion to. Volume V, section 5312.
Question of consideration. Volume V, sections 4938, 4943.
Reading of papers. Volume V, section 5264.
Recede, motion to. Volume V, sections 6204, 6207, 6215, 6308.
Recognition. Volume II, section 1421.
Reconsider, motion to. Volume V, section 5679.
Refer, motion to. Volume V, sections 5553, 5566.
Reports of the Committee of the Whole. Volume IV, sections 4874.
Resignation. Volume I, section 233.
Senate amendments. Volume V, section 6193.
Service on committees. Volume IV, section 4511.
Speaker pro tempore. Volume II, sections 1248, 1379.
Text to which both Houses have agreed. Volume V, sections 6184, 6185.
Voting. Volume V, section 6094.
Withdrawal of motions. Volume V, section 4989.
Yeas and nays. Volume V, sections 6028, 6103.
Yielding the floor. Volume V, section 5015.
STEVENSON, ADLAI E., of Illinois, Vice-President.
Certification by, of alleged cases of contempt before a Senate
committee. Volume II, section 1612.
STEWARD.
The Illinois election case of Steward v. Childs in the Fifty-third
Congress. Volume II, section 1056.
STEWART.
The Maryland election case of Stewart v. Phelps in the Fortieth
Congress. Volume I, section 739.
STEWART--Continued.
The Pennsylvania election case of Craig v. Stewart in the Fifty-second
Congress. Volume II, section 1041.
The case of Robert W. Stewart. Volume VI, sections 344, 345.
STEWART, JOSEPH B.
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.
STOCKS.
The sale of fraudulent stocks and bonds and other ``blue sky''
securities is a subject considered by the Committee on the Judiciary.
Volume VII, section 1781.
STOCKTON.
The Senate election case of John P. Stockton, from New Jersey, in the
Thirty-ninth Congress. Volume II, section 877.
STOCKYARDS.
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.
STOKES.
The South Carolina election case of Johnston v. Stokes in the Fifty-
seventh Congress. Volume II, section 1126.
STOLBRAND.
The South Carolina election case of Stolbrand v. Aiken in the Forty-
seventh Congress. Volume I, section 719.
STONE, WILLIAM J., of Kentucky, Speaker Pro Tempore.
Decision on question of order relating to dilatory motions. Volume V,
section 5716.
STOP-WATCH DECISIONS.
Decisions on the ``stop-watch'' or ``Taylor system'' and ``bonus'' or
``premium'' provisions proposed on general appropriation bills. Volume
VII, section 1609.
Conflicting decisions on amendments denying use of appropriations for
payment of officers engaged in supervising stop-watch operations in
Government plants. Volume VII, section 1609.
STOREY.
The investigation into the conduct of William Storey, United States
judge for the western district of Arkansas. Volume III, section 2513.
STOVELL.
The Virginia election case of Stovell v. Cabell in the Forty-seventh
Congress. Volume I, section 681.
STRADER.
The Ohio election case of Eggleston v. Strader in the Forty-third
Congress. Volume II, section 878.
STRAIT.
The Minnesota election case of Cox v. Strait in the Forty-fourth
Congress. Volume II, sections 911, 912.
STREAMS.
The gauging of streams was held not to be a continuing work within the
meaning of the rule. Volume IV, section 3795.
STREAMS--Continued.
Legislation relating to dikes, dams, levees, and telephone and
telegraph wires across navigable streams, and to change of name,
navigability or diversion of water from such streams, belongs to the
jurisdiction of the Commitee on Interstate and Foreign Commerce. Volume
VII, section 1810.
STREETCARS.
General provisions of the statutes as to concerts, operation of street
cars, delivery of fuel, and landscape features of the Capitol grounds.
Volume V, section 7312.
STREETS.
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.
STRIKE OUT, MOTION TO.
(1) General conditions as to.
(2) As to division of.
(3) Relations to motions to perfect.
(4) Relation to words already agreed to.
(5) Relation to amendment in the nature of a substitute.
(1) General Conditions as to.
A negative vote on a motion to strike out and insert does not prevent
the offering of another similar motion or a simple motion to strike
out. Volume V, section 5758.
A motion to strike out and insert takes precedence of a simple motion
to strike out the same language. Volume VIII, section 2854.
A motion to strike out certain words being disagreed to, it is in order
to strike out a portion of those words. Volume V, section 5769. Volume
VIII, section 2858.
A rule of the House provides that even though a motion to strike out a
proposition be decided in the negative, yet the proposition may be
amended, even by a motion to strike out and insert. Volume V, section
5767.
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 V, section 5768. Volume VIII, section 2848.
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.
A bill being under consideration by paragraphs, a motion to strike out
was held to apply only to the paragraph under consideration. Volume V,
section 5774.
An amendment simply striking out words already in a bill may not be
held not germane. Volume V, section 5805.
Under circumstances where the omission of language would sufficiently
change the purport of the text to present another subject a motion to
strike out has been held not to be germane. Volume VIII, section 2921.
A proposal to strike out a portion of a text may not be germane to the
proposition involved. Volume VIII, section 2917.
Where the Senate had amended a House bill by striking out a section it
was held in order in the House to concur with an amendment inserting a
new text in lieu of that stricken out. Volume V, section 6186.
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.
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 amendment 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.
STRIKE OUT, MOTION TO--Continued.
(1) General Conditions as to--Continued.
An amendment which by striking out words would change a privileged
proposition to an unprivileged proposition was held not to be in order.
Volume VIII, section 2919.
(2) As to Division of.
The motion to strike out and insert may not be divided for the vote.
Volume V, section 5767.
A motion to strike out and insert is indivisible either as to the two
branches of the motion or the language proposed for insertion. Volume
VIII, section 3169.
A rule provides that a motion to strike out and insert shall not be
divided. Volume V, section 6123.
On a motion to strike out a resolution and insert several connected
resolutions a division of the question so as to vote separately on each
substantive proposition of the matter to be inserted was decided not to
be in order (Speaker overruled). Volume V, sections 6124, 6125.
Substitute resolutions offered as an amendment are not divisible, but
when agreed to a division of the original as amended may be demanded.
Volume V, sections 6127. 6128.
(3) Relations to Motions to Perfect.
The motion to strike out and insert is a perfecting amendment and takes
precedence of a simple motion to strike out. Volume VIII, sections
2849, 2854.
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 2860.
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.
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.
While amendments are pending to the section a motion to strike it out
may not be offered. Volume V, section 5771.
It is in order to perfect words proposed to be stricken out by striking
out a portion of them. Volume V, section 5770.
An amendment in the nature of a substitute having been prepared,
amendments to the original text proposed to be stricken out are in
order and are voted on before the question is taken on the substitute.
Volume VIII, section 2861.
(4) Relation to Words Already Agreed to.
An amendment to strike out an amendment already adopted is not in
order. Volume VIII, sections 2712, 2851, 2853, 2854, 2987.
While an amendment which has been agreed to may not be modified, a
proposition to strike it from the bill with other language of the
original test is in order. Volume VIII, section 2855.
It is not in order to amend an amendment that has been agreed to, but
the amendment with other words of the original paragraph may be
stricken out in order to insert a new text of a different meaning.
Volume V, section 5763.
Words inserted by amendment may not afterwards be changed, except that
a portion of the original paragraph including the words so inserted may
be stricken out if in effect it presents a new proposition, and a new
coherence may also be inserted in place of that stricken out. Volume V,
section 5758.
STRIKE OUT, MOTION TO--Continued.
(4) Relation to Words Already Agreed to--Continued.
Words once inserted in a paragraph by way of amendment may not be
stricken out by another motion to amend, but words on the same subject,
even though inconsistent, may be added to the paragraph. Volume V,
section 5759.
While it is not in order to strike out a portion of an amendment once
agreed to, yet words may be added to the amendment. Volume V, sections
5764, 5765.
A motion to recommit including instructions to strike out an amendment
or portion of an amendment already agreed to by the House is not in
order. Volume VIII, sections 2713, 2715, 2717, 2719, 2743.
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.
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.
Although it is not in order in connection with a motion to recommit to
offer instructions striking out an amendment agreed to by the House and
insert other provisions in its place, it is in order to propose
instructions to strike out such an amendment with other portions of the
original paragraph so that a test of different meaning may be inserted.
Volume VIII, section 2727.
While a motion to recommit may not provide instructions to strike out
an amendment agreed to by the House, it may nevertheless provide
instructions to insert an amendment previously rejected by the House.
Volume VIII, section 2728.
If a Committee of the Whole amend a paragraph and subsequently strike
out the paragraph as amended, the first amendment falls and is not
reported to the House or voted on. Volume VIII, section 2421.
(5) Relation to Amendment in the Nature of a Substitute.
A motion to strike out and insert is not in order as a substitute for a
simple motion to strike out. Volume VIII, section 2849.
To a motion to strike out certain words in a bill and insert others, a
simple motion to strike out the words in the bill may not be offered as
a substitute. Volume VIII, sections 2847, 2854.
An amendment striking out language other than in the pending amendment
is not in order as a substitute for an amendment inserting language.
Volume VIII, section 2880.
To a motion to insert words in a bill a motion to strike out certain
words of the bill may not be offered as a substitute. Volume V, Section
5790.
A motion to strike out a paragraph being pending, and the paragraph
then being perfected by an amendment in the nature of a substitute, the
motion to strike out necessarily falls. Volume V, section 5792. Volume
VIII, sections 2846, 2854.
A substitute amendment may be amended by striking out all after its
first word and inserting a new text. Volume V, sections 5793, 5794.
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.
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, sections 2426, 2902.
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.
STRIKES.
The Committee on Labor has exercised general jurisdiction of
propositions to make investigations as to the conditions of laboring
people, labor troubles, etc. Volume IV, section 4245.
The Committee on Labor has reported on the subject of arbitration as a
means of settling labor troubles. Volume IV, section 4246.
STROBACH.
The Alabama election case of Strobach v. Herbert in the Forty-seventh
Congress. Volume II, sections 966, 967.
STUART, CHARLES E., of Michigan, Speaker Pro Tempore and Chairman.
Decisions on questions of order relating to--
Recess. Volume IV, section 2958.
Recognition. Volume II, sections 1422, 1423, 1452.
Reference. Volume V, section 6626.
STUDIOS.
No work of art not the property of the Government shall be exhibited in
the Capitol and no room shall be used for private studios without
permission of the Joint Committee on the Library. Volume V, section
7312.
SUBCOMMITTEES. See ``Committees.''
SUBJECT.
Rule governing the Member in debate, forbidding personalities, and
requiring him to confine himself to the question. Volume V, section
4979.
SUBMARINE BASE.
An appropriation for continuing development of a submarine base was
held to be in continuation of a work already in progress. Volume VII,
section 1353.
Ab appropriation for the grading and drainage of land owned by the
Government in connection with a submarine base was held to be in
continuation of a work in progress. Volume VII, section 1381.
SUPOENAS.
(1) Authorizing, signing, etc.
(2) Form of.
(3) The subpoena duces tecum.
(4) Service of.
(5) Issued by the House to officers of the Senate.
(6) Issued by the House to Senators.
(7) Issued by a court for Members of the House and Senate.
(8) Issued by a court for papers of the House.
(9) Failure or refusal to obey.
(10) In election cases.
(11) In impeachment trials.
(12) In general.
(1) Authorizing, Signing, etc.
The Speaker signs all acts, addresses, writs, warrants, and subpoenas.
Volume II, section 1313.
In the Whitney case the validity of a subpoena signed only by the
chairman of a committee was challenged, but sustained. Volume III,
section 1668.
The Clerk attests and affixes the seal of the House to all writs,
warrants, and subpoenas issued by order of the House. Volume I, section
1608.
In the Kilbourn case the subpoena was attested for the Clerk by deputy.
Volume II, section 1608.
SUBPOENAS--Continued.
(1) Authorizing, Signing, etc.--Continued.
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.
The Kansas Committee of 1856 was empowered to send for persons and
papers and to arrest and bring before the House any witnesses in
contempt. Volume III, section 1752.
A committee not being able to decide the question of issuing certain
subpoenas authorized a member of the committee to exhibit its journal
so that the House might act. Volume III, section 1802.
The House may empower a subcommittee to send for persons and papers and
conduct an investigation. Volume III, section 2029.
Instance of the authorization of a subpoena by telegraph. Volume III,
sections 1810, 2159.
The Speaker may be authorized and directed to issue subpoenas during a
recess of Congress. Volume III, section 1806.
An investigating committee being empowered to sit during recess, the
Speaker was authorized and directed to sign subpoenas as during a
session. Volume III, section 1753.
By concurrent resolution the two Houses empowered the Vice-President
and Speaker to sign subpoenas during a recess of Congress. Volume III,
section 1763.
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.
The House sometimes confers upon subcommittees the power to send for
persons and papers. Volume VI, section 376.
The two Houses, by concurrent resolution, constituted a joint select
committee of investigation, with power to send for persons and papers
and sit during the recess of Congress. Volume VI, section 380.
Witnesses are summoned in pursuance of and by virtue of the authority
conferred on a committee to send for persons and papers. Volume VI,
section 394.
Under a rule of the Senate subpoenas or other writs are signed by the
Presiding Officer, whether the Vice President or President pro tempore,
during session of the Senate sitting in trial of impeachment or in
vacation. Volume VI, section 485.
(2) Form of.
Form of subpoena for summoning witnesses to testify before a committee
of the House and of the return thereon. Volume III, section 1807.
Forms of subpoenas used at different times. Volume III, sections 1808,
1809.
Form of subpoenas and return used in the case of Williams. Volume III,
section 1673.
A form of subpoena issued in 1834 and criticized as defective. Volume
III, section 1732.
Form of subpoena issued by a joint committee. Volume III, section 1721.
Form of subpoena and return thereon used for summoning witnesses by a
Senate committee. Volume III, section 1702.
Form of subpoena served on a Member of the House. Volume VI, section
537.
(3) The Subpoena Duces Tecum.
Discussion as to the use of the subpoena duces tecum in procuring
papers from public officers. Volume III, section 1700.
Discussion of the use of subpoena duces tecum in procuring books and
papers from a private person. Volume VI, section 400.
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.
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.
The case of M. S. Daugherty, in the Senate, in 1924. Volume VI, section
339.
Form of a subpoena duces tecum issued by order of the House. Volume
III, section 1699.
SUBPOENAS--Continued
(3) The Subpoena Duces Tecum--Continued.
Form of subpoena duces tecum issued by order of the Senate. Volume VI,
section 336.
Form of subpoena duces tecum issued in the Kilbourn case. Volume II,
section 1608.
Instance wherein the House authorized a subpoena duces tecum by
registered letter. Volume I, section 731.
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.
(4) Service of.
The House sometimes directs the Sergeant-at-Arms to attend the sittings
of a committee and serve the subpoenas. Volume III, section 1753.
A Sergeant-at-Arms serving subpoena for a committee makes his return
and it is entered on the journal of the committee. Volume III, section
1800.
The Sergeant-at-Arms endorses on a subpoena his authorization of his
deputy to act in his stead. Volume III, section 1673.
A subpoena served by a deputy did not contain certificate of the
deputy's appointment. Volume III, section 1695.
A discussion distinguishing between the serving of a warrant by deputy
and the serving of a subpoena in the same way. Volume III, section
1702.
Should the Sergeant-at-Arms make the return on a subpoena served by his
deputy. Volume III, section 1702.
A subpoena having been served by a deputy Sergeant-at-Arms, a
certificate of his appointment should accompany a report requesting
arrest of the witness for contempt. Volume III, section 1701.
(5) Issued by the House to Officers of the Senate.
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.
The Secretary of the Senate obeyed a subpoena duces tecum of a House
investigating committee. Volume III, section 1797.
(6) Issued by the House to Senators.
A committee of the House having summoned certain Senators by subpoena,
the summons was either disregarded or obeyed under protest. Volume III,
sections 1792, 1793.
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.
Form of a subpoena issued to secure the attendance of a Senator. Volume
III, section 1794.
(7) Issued by a Court for Members of the House and Senate.
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.
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 constitutional privilege of Members in the matter of arrest has
been construed to exempt from subpoena during sessions of Congress.
Volume VI, section 588.
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.
SUBPOENAS--Continued.
(7) Issued by a Court for Members of the House and Senate--Continued.
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.
(8) Issued by a Court for papers of the House.
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 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.
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.
(9) Failure or Refusal to Obey.
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.
In the latest practice a committee in reporting the contempt of a
witness shows that the testimony required is material and presents
copies of the subpoena and return. Volume III, section 1701.
A 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.
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.
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.
A question as to issuing a warrant for the arrest of a person who has
avoided a summons by seeking a foreign country. Volume III, section
1805.
In 1837, for refusing to obey the subpoena of a committee, Reuben M.
Whitney was arrested and tried at the bar of the House. Volume III,
section 1667.
In 1858 the House arrested and arraigned J.D. Williamson for contempt
in declining to respond to a subpoena. Volume III, section 1673.
For declining to testify or to obey a subpoena duces tecum commanding
him to produce certain papers to be used in impeachment proceedings
against himself George F. Seward was arraigned for contempt. Volume
III, section 1699.
In 1877 the House imprisoned members of a State convassing 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.
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.
A witness having declined to attend and produce documents, the Senate
by resolution ordered his arrest. Volume VI, section 339.
SUBPOENAS--Continued.
(10) In Election Cases.
The law governing the application for and issuing of subpoenas for
witnesses in an election case. Volume I, section 698.
The notice to take depositions and a copy of the subpoena are attached
to the depositions in an election case. Volume I, section 704.
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.
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 by which the House ordered the production of ballots
as evidence in an election case. Volume II, section 1070.
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.
Instance wherein witnesses in a contested election case were to be
summoned by subpoenas issued by the Speaker. Volume I, section 598.
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.
(11) In Impeachment Trials.
The Senate sitting on impeachment trials is empowered by rule to compel
the attendance of witnesses. Volume III, section 2158.
In impeachment trials subpoenas are issued on application of managers
or the respondent or his counsel. Volume III, section 2162.
Form of subpoena issued to witnesses in impeachment trials. Volume III,
section 2162.
The Senate, sitting for the Belknap trial, declined to order process to
compel the attendance of a witness who had been subpoenaed by telegraph
merely. Volume III, section 2159.
In the Humphreys impeachment it was first provided that the subpoenas
should be served by the Sergeant-at-Arms or his deputy. Volume III,
section 2393.
At the beginning of the Humphreys trial the returns on the subpoenas
were read and the names of the witnesses called. Volume III, section
2394.
The Senate provided that subpoenas for respondent's witnesses in the
Belknap trial should be issued on recommendation of a committee. Volume
III, section 2463.
Form of direction for service of subpoenas to witnesses in impeachment
trials. Volume III, section 2162.
Forms of subpoena and compulsory process issued by House committee to
produce persons and papers for Blout impeachment. Volume III, sections
2038, 2039.
In the Pickering case the Senate provided for issuing subpoenas of a
specified form on application of managers or of respondent or his
counsel. Volume III, section 2329.
In the Pickering impeachment the subpoenas were directed to the marshal
of the district wherein the witnesses resided. Volume III, section
2329.
The forms of summons and subpoenas in the Pickering case were
communicated to the House and entered on its Journal. Volume III,
section 2329.
Form of direction to the marshal for services of subpoenas in the
Pickering trial. Volume II, section 2329.
Returns of the Sergeant at Arms on the summons and a subpoena in the
Pickering trial were read in the court before the return day. Volume
III, section 2330.
The Senate, sitting for the Archbald trial, ordered process to compel
the attendance of a witness who had disregarded a subpoena duly served
by the Sergeant at Arms. Volume VI, section 486.
SUBPOENAS--Continued.
(11) In Impeachment Trials--Continued.
In the Archbald trial the Senate provided that lists of witnesses to be
subpoenaed should be furnished by managers or counsel to the Sergeant
at Arms and that additional witnesses desired later should be
subpoenaed on application to the Presiding Officer. Volume VI, section
508.
In the Louderback impeachment the Senate ordered process to compel the
attendance of a witness who declined to appear in response to subpoena.
Volume VI, section 523.
List of witnesses to be subpoenaed in a trial of impeachment are
supplied by the managers and respondent respectively to the Sergeant at
Arms of the Senate. Volume VI, section 484.
After the filing of lists of witnesses to be subpoenaed in a trial of
impeachment, further witnesses may be subpoenaed on application of the
managers or the respondent made to be Presiding Officer. Volume VI,
section 484.
(12) In General.
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.
The House by resolution called on two if its Members to state what they
knew concerning charges against the Chief of the Army, then under
discussion. Volume III, section 1726.
The House, after extended discussion, assumed the right to compel the
attendance of witnesses in an inquiry entirely legislative in its
character. Volume III, sections 1816-1820.
The Senate has authorized the compulsory attendance of witnesses in
legislative inquiries. Volume III, sections 1814, 1815.
The Senate allowed a Member threatened with expulsion to be heard by
counsel, but did not grant his request for a specific statement of
charges or compulsory process for witnesses. Volume II, section 1264.
Decision of the district court on the right of the Senate to compel
testimony and the production of papers and records. Volume VI, section
337.
Decision of the Supreme Court on the right of the Senate to subpoena
witness and compel testimony. Volume VI, section 346.
Subpoenas issued by a committee of the Senate summoning witnesses to
testify in an investigation authorized by the Senate are as if issued
by the Senate itself. Volume VI, section 341.
SUBSTITUTE AMENDMENTS.
(1) General principles as to.
(2) For an entire bill.
(3) As related to motion to strike out.
(4) When in the third degree.
(5) For motion to recommit.
(6) For Senate amendments.
(7) Special orders relating to.
(8) Amendment of.
(9) In Committee of the Whole.
(10) Voting on.
(11) Between the Houses.
(1) General Principles as to.
History of the evolution of the amendment in the nature of a
substitute. Volume V, section 5753.
SUBSTITUTE AMENDMENTS--Continued.
(1) General Principles as to--Continued.
There may be pending simultaneously, the original text, an amendment to
the text, an amendment to the amendment, a substitute for the amendment
and an amendment to the substitute. Volume V, section 5753. Volume III,
sections 2883, 2887.
It was settled by the practice of the House, before the adoption of the
rule, that there might be pending with the amendment and the amendment
to it another amendment in the nature of a substitute and an amendment
to the substitute. Volume V, section 5785.
Under the recent practice of the House the substitute provided for in
Rule XIX has been construed as a substitute for the amendment and not a
substitute for the text. Volume VII, section 2883.
Sometimes by unanimous consent the House allows more than one
substitute to be pending at once, in order that a choice may be offered
between different propositions. Volume V, section 5798.
When an amendment is pending only one substitute for the amendment is
in order. Volume VIII, section 2883.
The original resolution, for which a substitute is recommended by the
standing committee reporting the same, must be read before the
substitute is read unless such reading is dispensed with by unanimous
consent. Volume VIII, section 2886.
Even when a substitute has been reported to the House the original bill
must be read unless dispensed with by unanimous consent. Volume VII,
section 1054.
To qualify as a substitute an amendment must treat in the same manner
the same subject matter carried by the text for which proposed. Volume
VIII, section 2879.
A proposition to be accepted as a substitute must relate to the same
subject and repose a related objective. Volume VIII, section 3490.
To an amendment affecting one item in a paragraph a proposed substitute
affecting all items in the paragraph was held not germane. Volume VIII,
section 2999.
An amendment in the nature of a substitute, providing simply for the
establishment of land offices, was held not to be germane to a bill
providing for the organization of a Territorial government. Volume V,
section 5876.
It is in order to propose as a substitute for a section an amendment
inserting the same section with modifications and omitting amendments
to the section previously agreed to by the Committee of the Whole.
Volume VIII, section 2905.
A proposition offered as a substitute amendment and rejected may
nevertheless be offered again as an amendment in the nature of a new
section. Volume V, section 5797. Volume VIII, section 2843.
The House having rejected a substitute recommended by the Committee of
the Whole, the section of the bill for which the substitute was
proposed remains in the bill in its original form and not as amended.
Volume VIII, section 2424.
(2) For an Entire Bill.
A new bill may be engrafted by way of amendment on the words ``be it
enacted,'' etc. Volume V, section 5781.
Form of a substitute amendment for the text of an entire bill
(footnote). Volume V, section 5785.
A proposition in the form of a bill may not be offered as a substitute
for a proposition in the form of a simple resolution. Volume VIII,
section 3446.
A joint resolution was substituted for a bill in amending the census
act. Volume VII, section 1040.
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 VI, sections 2426, 2884, 2902,
2903, 2904, 2905.
SUBSTITUTE AMENDMENTS--Continued.
(2) For an Entire Bill--Continued.
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.
An instance wherein a substitute text for a bill was offered as a
substitute for the first section and agreed to, the remaining sections
being stricken out afterwards. Volume V, section 5796.
One of the functions of the rule requiring germaneness is to preclude
consideration of legislation which has not been considered in committee
and for this reason the rule should be invoked with particular
strictness against amendments proposing substitutes for an entire bill.
Volume VIII, section 2912.
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 committee to which a resolution had been committed, having submitted
a report making no recommendations thereon and proposing another
resolution neither germane to nor recommended as a substitute for the
original resolution, was permitted to withdraw it and file an amended
report recommending the proposed resolution as a substitute. Volume VI,
section 401.
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.
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.
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.
(3) As Related to Motion to Strike Out.
To a motion to strike out certain words in a bill and insert others, a
simple motion to strike out the words in the bill may not be offered as
a substitute. Volume VIII, sections 2847, 2854.
An amendment striking out language other than in the pending amendment
is not in order as a substitute for an amendment inserting language.
Volume VIII, section 2880.
A motion to strike out and insert is not in order as a substitute for a
simple motion to strike out. Volume VIII, section 2849.
To a motion to insert words in a bill a motion to strike out certain
words of the bill may not be offered as a substitute. Volume V, section
5790.
A motion to strike out a paragraph being pending, and the paragraph
then being perfected by an amendment in the nature of a substitute, the
motion to strike out necessarily falls. Volume V, section 5792. Volume
VIII, sections 2846, 2854.
A proposition to strike out all after the first two words of an
amendment and insert a new text in lieu thereof was held to be an
amendment and not a substitute. Volume VIII, section 2882.
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 agreed to, motions
will be made to strike out the remaining paragraphs when read. Volume
V, section 5795. Volume VIII, section 2898.
(4) When in the Third Degree.
A substitute for an amendment to an amendment is in the third degree
and is not permissible. Volume VIII, section 2889.
SUBSTITUTE AMENDMENTS--Continued.
(4) When in the Third Degree--Continued.
While there may be pending an amendment, an amendment to it, and
another amendment in the nature of a substitute, an amendment in the
third degree may not be admitted under the guise of a substitute.
Volume VIII, section 2888.
In considering an amendment to a committee amendment, an amendment in
the nature of a substitute for the pending amendment was not admitted,
being in the third degree. Volume VIII, section 2891.
(5) For Motion to Recommit.
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 cannot be ruled out as
interfering with the right of the minority to move recommitment. Volume
VIII, section 2759.
A substitute proposing to amend instructions accompanying a motion to
recommit must be germane. Volume VIII, section 2711.
(6) For Senate Amendments.
A motion proposing a substitute for a Senate amendment yields to a
motion for a perfecting amendment. Volume VIII, section 3184.
A motion to concur in a Senate amendment with an amendment is not in
order while a motion to concur with another amendment is pending, but
may be offered as an amendment or as a substitute for the pending
motion. Volume VIII, section 3201.
(7) Special Orders Relating to.
Form of special order for consideration of a House bill with provision
for substitution of Senate bill in Committee of the Whole. Volume VII,
section 843.
Form of special order providing for the consideration, within certain
limits of time, of a substitute in lieu of a pending bill, in the
Committee of the Whole in the House. Volume VII, section 810.
Form of special order for consideration of a resolution and report
thereon in Committee of the Whole with provision for vote on a
substitute. Volume VII, section 802.
Form of special order providing for consideration of House substitute
for Senate bill regardless of the rule requiring germaneness. Volume
VII, section 803.
An instance of the difficulties arising from the terms of a special
order which permitted two substitute amendments to a bill to be pending
at once. Volume IV, section 3206.
(8) Amendment of.
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.
A substitute amendment may be amended by striking out all after its
first word and inserting a new text. Volume V, sections 5793, 5794.
In considering an amendment to a substitute an amendment in the nature
of a substitute for the pending amendment was not admitted, being in
the third degree. Volume V, section 5791.
The formal amendment striking out the last word is not in order in
considering an amendment to a substitute, being in the third degree.
Volume V, section 5779.
(9) In Committee of the Whole.
A Committee of the Whole, like any other committee, may adopt and
report an amendment in the nature of a substitute. Volume IV, section
4899.
An instance where the Committee of the Whole reported a new resolution
in lieu of one referred to it. Volume IV, section 4878.
The closing of debate on the last section of a bill considered under
the five-minute rule does not preclude debate on a substitute for the
whole text of the bill. Volume V, section 5228.
SUBSTITUTE AMENDMENTS--Continued.
(9) In Committee of the Whole--Continued.
An amendment reported from Committee of the Whole striking out all
after the enacting clause of a bill and inserting new matter is, when
reported, treated like any other amendment reported from the committee.
Volume V, section 5341.
An amendment in the nature of a substitute is reported from the
Committee of the Whole in its perfected form, amendments to the
substitute not being noted in the report. Volume VI, sections 4900-
4903.
An amendment reported from the Committee of the Whole may not be
withdrawn, and a question as to its validity is not considered by the
Speaker. Volume IV, section 4900.
A bill having been considered in Committee of the Whole and the House,
pending a vote on the passage, having recommitted it with instructions
that it be reported ``forthwith'' with an amendment in the nature of a
substitute, it was held that the substitute did not require
consideration in Committee of the Whole. Volume V, sections 5545, 5546.
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 under consideration ``in the House as in Committee of the
Whole,'' an amendment in the nature of a substitute is in order only
after the consideration of the bill by sections has been completed.
Volume IV, sections 4933, 4934.
(10) Voting on.
After an amendment in the nature of a substitute is agreed to, the
question must then be taken on the original proposition as amended.
Volume II, section 983. Volume V, sections 5785 (footnote), 5799, 5800.
The resolution before the House providing that a contestant have leave
to withdraw, the mere adoption of an amendment to seat contestant does
not thereby decide the case. Volume II, section 983.
An amendment in the nature of a substitute having been proposed,
amendments to the original text proposed to be stricken out are in
order and are voted on before the question is taken on the substitute.
Volume V, section 5753. Volume III, sections 2861, 2894, 2895.
When the four amendments in order under the rule are pending, the vote
is taken first on the amendment to the amendment and then on the
amendment to the substitute. Volume VIII, section 2892.
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. Volume VIII, section 2896.
Substitute resolutions offered as an amendment are not divisible.
Volume VIII, section 3168.
Substitute resolutions offered as an amendment are not divisible, but
when agreed to a division of the original as amended may be demanded.
Volume V, sections 6127, 6128.
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 vote on a substitute and the vote on the original resolution as
amended by the substitute, if the substitute entirely replaces the
original resolution, is the same proposition within the practice
prohibiting a second motion to reconsider the same proposition unless
changed by amendment. Volume VIII, section 2788.
Under a special order providing that a specified amendment ``shall be
voted on,'' that particular amendment only must be voted on and no
similar amendment or substitute, even though germane, is in order.
Volume VII, section 782.
(11) Between the Houses.
One House may amend a bill of the other by striking out all after the
enacting clause and inserting a new text. Volume V, section 6321.
SUBSTITUTE AMENDMENTS--Continued.
(11) Between the Houses--Continued.
A motion being made to agree to an amendment of the other House with an
amendment, it is in order to perfect that amendment by another
amendment and a substitute. Volume V, section 6175.
An instance of substitute amendments between the Houses carried to the
furthest degree. Volume V, section 6178.
Where one House strikes out all of the bill of the other after the
enacting clause and inserts a new text and the differences over this
substitute are referred to conference, the managers have a wide
discretion in incorporating germane matters, and may even report a new
bill on the subject. Volume V, sections 6421-6423. Volume VIII,
sections 3248, 3276.
Where an entire bill has been stricken out and a new text inserted, the
conferees exercise broad authority and may discard language occurring
both in the bill and the substitute. Volume VII, section 3266.
A Senate bill with a proposed committee amendment in the nature of a
substitute being under consideration in Committee of the Whole, the
bill was first read by sections for amendment and then the substitute
was perfected. Volume IV, section 4741.
Where a substitute has been proposed by one House for the entire bill
passed by the other House, provisions in either the bill or the
substitute are germane when offered in motion to instruct managers.
Volume VIII, section 3230.
Where an amendment of one House proposes to strike out a paragraph of a
bill of the other, whether a substitute therefor is proposed or not,
and the amendment has been disagreed to, the conferees have the whole
subject before them and may report any provision germane thereto.
Volume VIII, section 3288.
Form of conference report wherein an entirely new text is reported in
place of an amendment in the nature of a substitute. Volume V, section
6426.
SUCCESSION TO THE PRESIDENCY.
Subjects relating to the succession of the office of President in case
of his death, disability, etc., have been within the jurisdiction of
the Committee on Election of President, Vice-President, and
Representatives in Congress. Volume IV, section 4304.
SUITS.
The statutes provide for the defense of any person against whom an
action is brought for acts done while an officer of either House in the
discharge of his duty. Volume I, section 283.
The House has assumed the expenses incurred by Members and officers in
defended suits brought by persons punished by the House for contempt.
Volume III, sections 1716, 1717.
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.
Decision of Federal court maintaining jurisdiction of suit brought
against Members in their official capacity. Volume VII, section 2164.
A witness in the custody of the Sergeant at Arms having procured a writ
of habeas corpus, the Senate requested the President to direct the
Attorney General to defend the suit. Volume VI, section 339.
The fact that testimony sought by a committee of the House might
militate against the interest of the witness in a pending suit was held
not to excuse him from supplying information properly within the scope
of the inquiry. Volume VI, section 338.
An appropriation for expenses incurred in suits to determine the rights
of Indians was held to be in order in an appropriation bill. Volume
VII, section 1211.
SULLIVAN.
The California election case of Sullivan v. Felton in the Fiftieth
Congress. Volume II, sections 1016, 1017.
SULZER.
The Alaska election case of Wickersham v. Sulzer and Grigsby in the
Sixty-sixth Congress. Volume VI, section 113.
The Alaska election case of Wickersham v. Sulzer in the Sixty-fifth
Congress. Volume VI, section 147.
SUMMONS.
(1) As related to privilege of Members.
(2) Of witnesses.
(1) As Related to Privilege of Members.
Jefferson's discussion of the privilege conferred on Members by the
Constitution, especially as to arrest, summons, etc. Volume III,
section 2672.
The House has decided that the summons of a court to Members to attend
and testify constitutes a breach of privilege, but sometimes gives the
Members permission to attend. Volume III, sections 2660, 2661.
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 committee having summoned a Member to testify as to statements made
by him in debate, he protested that it was an invasion of his
constitutional privilege. Volume VI, section 537.
Instance wherein a Member declined to obey a summons to appear and
testify before a committee of the House. Volume VI, section 537.
A 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.
(2) Of Witnesses.
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.
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 law for summoning and examining witnesses in an election case.
Volume I, section 700.
The rules provide for the rate of compensation of witnesses summoned to
appear before the House or its committees. Volume VI, section 393.
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.
Subpoenas issued by a committee of the Senate summoning witnesses to
testify in an investigation authorized by the Senate are as if issued
by the Senate itself. Volume VI, section 341.
A committee asserted the power of the House to arrest and imprison
recalcitrant Members in order to compel obedience to its summons.
Volume VI, section 537.
SUMNER.
Enunciation of Mr. Senator Sumner's theory that the Senate was not a
court and the Senators were not constrained by the obligations of
judges in an impeachment trial. Volume III, section 2057.
SUMNERS, HATTON W., of Texas, Chairman.
Decisions on questions of order relating to--
Debate. Volume VIII, section 2592.
SUNDAY.
(1) Usually a dies non.
(2) May be made a legislative day.
(3) When Saturday's session is prolonged into.
(1) Usually a Dies Non.
In the ordinary practice of the House Sunday is regarded as a dies non.
Volume V, section 7245.
In computing the days of a session Sunday has not always been treated
as a dies non. Volume V, section 6733.
Sunday is not taken into account in making the constitutional
adjournment of ``not more than three days.'' Volume V, sections 6673,
6674.
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.
Sundays and legal holidays are not excluded in computing the forty days
allowed for taking testimony in an election case. Volume I, section
685.
In counting the three days required under the consent rule, Sunday is
not included. Volume VII, section 995.
The Senate is required by rule to continue in session from day to day
(Sundays excepted) during impeachment trials, unless otherwise ordered.
Volume III, section 2079.
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 inaugural date falls on Sunday the inauguration of the
President of the United States occurs at noon, the following day.
Volume VI, section 449.
(2) May be Made a Legislative Day.
Sunday may be a legislative day. Volume V, section 7246.
By vote of the House Sunday has been made a legislative day. Volume V,
section 6732.
Sunday has been made a legislative day for eulogies of deceased
Members. Volume V, sections 7168, 7169.
Sunday has been made a legislative day by concurrent action of the two
Houses. Volume V, section 6731.
(3) When Saturday's Session is Prolonged Into.
The House has declined to affirm that it may not transact business on
Sunday. Volume V, section 6730.
For many years the House has continued its session of Saturday into
Sunday when under stress of business. Volume V, section 6728.
An adjournment does not necessarily take place at 12 p.m. Saturday, the
House having power to continue in session on Sunday if it be so
pleased. Volume V, sections 6728, 6729.
Instance of an early protest against prolonging a session into the
hours of Sunday. Volume V, section 5946.
The propriety of continuing a session into Sunday does not constitute a
question of order for the Speaker, who may not adjourn the House
against its will. Volume V, section 6728.
Whether the House shall continue the legislative day into Sunday is not
a question for the decision of the Speaker. Volume V, section 6695.
SUNDRY CIVIL APPROPRIATION BILL.
River and harbor improvements not authorized or placed under contract
may not be appropriated for in the sundry civil appropriation bill.
Volume IV, sections 4122-4124.
An amendment providing for the construction of the Nicaraguan Canal was
held not to be germane to the sundry civil appropriation bill. Volume
IV, section 3782.
An appropriation for repairs and improvements of the House of
Representatives was ruled to be in order on the sundry civil
appropriation bill. Volume IV, section 4039.
SUNDRY CIVIL APPROPRIATION BILL--Continued.
The appointment of managers for the National Home for Disabled
Volunteer Soldiers being vested by law in Congress, a paragraph making
such appointment was held in order on the sundry civil appropriation
bill. Volume IV, section 4052.
The Committee on Appropriations has jurisdiction of legislative,
executive, judicial, and sundry civil expenses of the Government.
Volume IV, section 4032.
SUPERINTENDENT OF THE CAPITOL
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 electrician and laborers connected with the lighting, heating, and
ventilating of the House are under direction of the superintendent,
subject to the control of the Speaker. Volume V, section 7312.
The care, preservation, and orderly keeping of the House Wing of the
Capitol devolve on the Superintendent, under regulations prescribed by
the Speaker. Volume V, section 7312.
SUPERINTENDENTS.
The Doorkeeper appoints superintendents to have charge of the folding
and document rooms. Volume I, section 262.
SUPERVISING ARCHITECT.
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.
SUPERVISORS.
Discussion as to the clause of the Constitution under which Federal
supervisors of elections acted. Volume II, section 931.
The House rejected a return of State election officers on the evidence
of the returns of United States supervisor of elections. Volume I,
section 736.
Discussion as to whether or not a result corroborated by Federal
supervisors might be set aside by a recount by State officials. Volume
II, section 931.
Reference to a discussion of the return of United States supervisors as
evidence of the vote cast. Volume II, section 960.
The regular returns being lost or invalidated and not canvassed, the
House took into account a statement of the United States supervisors as
to the state of the vote. Volume II, section 1014.
SUPREME COURT.
The justices of the Supreme Court have the privilege of the floor.
Volume V, section 7283. Volume VIII, section 3634.
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.
A newly appointed Chief Justice of the United States Supreme Court was
received informally by the House. Volume V, section 7080.
Ceremonies on the occasion of the deaths of a Chief Justice and
associate justices of the Supreme Court of the United States. Volume V,
sections 7194-7197. Volume VIII, section 3586.
Summaries showing number of bills introduced, number of reports
submitted by committees, number of laws enacted, and number of acts of
Congress declared unconstitutional by the Supreme Court. Volume VII,
section 1028.
The Supreme Court, and not Congress, is the proper tribunal to
determine the constitutionality of a State's election system. Volume
VI, section 128.
SUPREME COURT--Continued.
The pocket-veto case decided by the Supreme Court in 1929. Volume VII,
section 1115.
Jefferson's Manual and Hinds' Precedents are cited by the Supreme Court
as authorities in parliamentary procedure. Volume VI, section 343.
SURETIES.
The accusation being of misdemeanor only the respondent, under the
English usage, does not answer the summons in custody, but the Lords
may commit him until he finds sureties for his future appearance.
Volume III, section 2120.
SURPLUS AGRICULTURAL PRODUCTS.
The cooperative marketing and distribution of farm products, the
disposition of surplus agricultural products abroad, proposed
legislation for the the stablization and control of prices of
foodstuffs, and for the establishment of governmental agencies for the
administration of such legislation are within the jurisdiction of the
Committee on Agriculture. Volume VII, section 1871.
SURREJOINDER.
Forms of rejoinder, surrejoinder, and similter filed in the Belknap
trial. Volume III, section 2455.
The surrejoinder of the House of Representatives in the Belknap trial
was signed by the Speaker and attested by the Clerk. Volume III,
section 2455.
SURVEYS.
Respective jurisdictions of Committees on Appropriations and Naval
Affairs over appropriations for ocean and lake surveys. Volume IV,
sections 4040, 4041.
The Committee on Interstate and Foreign Commerce has considered bills
providing for a topographical survey of the United States. Volume VII,
section 1829.
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 Commerce on Merchant Marine and
Fisheries. Volume VII, section 1809.
The Committee on Naval Affairs has exercised limited jurisdiction over
bills relating to the Coast and Geodetic Survey. Volume VII, section
1910.
Legislative propositions relating to the work of the Geological Survey
have been reported by the Committee on Mines and Mining. Volume VII,
section 1960.
The investigation of watersheds of streams under improvement and the
survey and investigation of dams on such streams are subjects within
the jurisdiction of the Committee on Rivers and Harbors. Volume VII,
section 1833.
The Committee on Flood Control has reported legislation authorizing
surveys and construction with a view to flood control. Volume VII,
section 2070.
Bills providing for preliminary surveys of rivers and harbors are
classed as private bills. Volume VII, section 1027.
The continuing of a topographical survey was held to be the
continuation of a public work. Volume VII, section 1382.
A statute authorizing the President, within his discretion, to order
survey of agricultural lands was held not to authorize a survey by the
Interior Department of certain Indian lands. Volume VII, section 1208.
SUSPENSION.
Pending examination of the Clerk on a charge of misappropriation of
funds he was suspended from the exercise of his functions. Volume I,
section 287.
SUSPENSION--Continued.
Two Senators have been declared in contempt, a question was raised as
to the right to suspend their functions as Senators, including their
right to vote, but was not decided. Volume II, section 1665.
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.
An officer of the Senate being charged with authorship of a magazine
article prejudicial to the reputations of Members of Congress, was
suspended pending an investigation. Volume VI, section 37.
SUSPENSION OF THE RULES, MOTION FOR. See ``Rules.''
SUTHERLAND.
The Senate case of Howard Sutherland, of West Virginia, in the Sixty-
fifth Congress. Volume VI, section 82.
SUTHERLAND, JOEL B., of Pennsylvania, Chairman.
Decision on question of order relating to quorum. Volume II, section
1653.
SWANK, FLETCHER B., of Oklahoma, Chairman.
Decisions on questions of order relating to--
Holman rule. Volume VII, section 1508.
SWANSON.
The Virginia election case of Cornet v. Swanson in the Fifty-fourth
Congress. Volume II, section 1071.
The Virginia election case of Brown v. Swanson in the Fifty-fifth
Congress. Volume II, sections 1108, 1109.
SWAYNE.
The impeachment and trial of Charles Swayne, judge of the northern
district of Florida. Volume III, sections 2469-2485.
SWITZLER.
The Missouri election case of Switzler v. Anderson in the Fortieth
Congress. Volume II, sections 867, 868.
The Missouri election case of Switzler v. Dyer in the Forty-first
Congress. Volume II, section 873.
SYKES.
The Senate case of Sykes v. Spencer, from Alabama, in the Forty-third
Congress. Volume I, sections 342-344.
SYMES.
The Kentucky election case of Symes v. Trimble in the Fortieth
Congress. Volume I, section 452.
SYPHER.
The Louisiana election case of Sypher v. St. Martin in the Forty-first
Congress. Volume I, sections 328-336.
The Louisiana election case of Lawrence v. Sypher in the Forty-third
Congress. Volume I, sections 623-626.