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Full text of "Constitution Jeffersons Manual And Rules Of the House Of Representatives Of The United States Eighty Seventh Congress"

86th Congress, 2d Session House Document No. 459 



CONSTITUTION 
JEFFERSON'S MANUAL 

AND 

RULES OF THE HOUSE OF 
REPRESENTATIVES 

OF THE UNITED STATES 

EIGHTY-SEVENTH CONGRESS 
By 

LEWIS DESCHLER, J.D., M.P.L., LL.D. 

PARLIAMENTARIAN 




UNITED STA1 
GOVERNMENT PRINTING OFFICE 
WASHINGTON : 1961 



Por sale by the Superintendent of Documents, U. S. Government Printing Office 
Washington 25, D. O. - Price $2.00 (paper cover) 



HOUSE RESOLUTION NO. 644 

IN THE HOUSE OF REPRESENTATIVES 

September 1, 1960. 

Resolved, That a revised edition of the Rules and Manual 
of the House of Representatives for the Eighty-seventh Con- 
gress be printed as a House document, and that one thousand 
six hundred additional copies shall be printed and bound 
for the use of the House of Representatives, of which seven 
hundred copies shall be bound in leather with thumb index 
and delivered as may be directed by the Parliamentarian 
of the House for distribution to officers and Members of 
Congress. 

Attest: 

RALPH R. ROBERTS, 

Clerk. 



PEEFACE 

The parliamentary practice of the House of Representa- 
tives emanates from four sources: First, the Constitution of 
the United States; second, from Jefferson's Manual; third, 
from the rules adopted by the House itself from the beginning 
of its existence; and, fourth, from the decisions of the Speak- 
ers of the House and from decisions of the Chairmen of the 
Committee of the Whole. 

In the early history of the House the membership of that 
body frequently found it difficult to accomplish the purposes 
upon which they had determined. The Constitution directed 
the House to do certain things in a specified manner, and to 
do things not set forth specifically it gave the House carte 
blanche to make such rules as it thought necessary to carry 
out the purposes of a legislative body. The early Congresses, 
therefore, naturally borrowed from the English Parliament 
many of its practices. In the years following, these practices 
were adapted to meet the needs of our then youthful House. 
Special needs of the House have caused some of the motions 
adopted from the English system to lose their original form 
and purpose. They have evolved into a distinctly American 
system of procedure. 

In the years from 1797 to 1801 Thomas Jefferson, then 
Vice President of the United States and President of the 
Senate, prepared the notable work which has come to be 
known as Jefferson's Manual. This work contributed 
greatly to the procedure of the House, although it was not 
until 1837 that the House finally adopted a rule, which is 
still in existence, permitting the provisions of the Manual "to 
govern the House in all cases to which they are applicable/ 7 

From the beginning of the First Congress the House has 
formulated rules for its procedure. Some of them have 
since gone out of existence. More of them have been ampli- 
fied and broadened to meet the exigencies that have arisen 
from time to time. Today they are perhaps the most 
finely adjusted, scientifically balanced, and highly technical 

[v] 



PREFACE 

rules of any parliamentary body in the world. Under them 
a majority may work its will at all times in the face of the 
most determined and vigorous opposition of a minority. 

The rulings of the Speakers of the House and of the 
Chairmen of the Committee of the Whole are to the rules of 
the House what the decisions of the courts are to the statutes. 
It is rare, indeed, for a question to arise that has not been 
decided at some prior time. All of these decisions have been 
embodied in the monumental work of the Hon. Asher C. 
Hinds and the Hon. Clarence Cannon, former Parliamen- 
tarians of the House. These rulings, which aggregate more 
than 11,000 in number, cover practically every situation that 
may arise. 

I believe that I am not making too broad a statement 
when I say that the parliamentary practice of the House is a 
system of procedure that ranks second to none. It has 
proven adequate to meet all the emergencies that have 
arisen in the past. It will meet the emergencies and prob- 
lems of the future with the same degree of success. 

Rulings of the Speakers and Chairmen of the Committee 
of the Whole which are of significance have been inserted 
under the rule which governed the decision of the Chair. 

References are to Hinds' (IV, 600) and Cannon's Prec- 
edents (VI, 100), the Congressional Record (January 3, 
1953, p. 400), the United States Reports (403 U. S. 69), and 
the United States Code (43 U. S. C. 54). 

LEWIS DESCHLER. 
JANUARY 3, 1961. 



[VI] 



CONTENTS. 

Memorandum Order of Business, Page XI, 

THE CONSTITUTION. 

Page 

PREAMBLE 3 

ARTICLE I. The legislative power 4 

II. The executive power.. __ 56 

III. The judicial power. _-...__. ._-. _ 65 

IV. Obligations, duties, etc., of the States 69 

V. Amendments to 75 

VI Law of the land, etc 76 

VII. Ratification of .. 81 

Amendments ratified.. 83-112 

JEFFERSON'S MANUAL. 

SECTION I. Importance of adhering to rules 115 

III. Privilege.-. 118 

VI. Quorum ___. 135 

VII Call of the House 135 

IX. Speaker _ 136 

X. Address... 138 

XL Committees 139 

XIL Committee of the Whole 143 

XIIL Examination of witnesses 150 

XIV. Arrangement of business 155 

XV. Order 157 

XVL Order respecting papers.--- 157 

XVIL Order in debate 158 

XVIIL Orders of the House 173 

XIX. Petition 176 

XX. Motions 178 

XXIIL Bills, leave to bring in 180 



CONTENTS 

Page 

SECTION XXIV. Bills, first reading 181 

XXV. Bills, second reading 182 

XXVI. Bills, commitment 182 

XXVII. Report of committee 192 

XXVIII. Bill, recommitment 193 

XXIX. Bill, reports taken up 194 

XXX. Quasi-committee 196 

XXXI. Bill, second reading in the House 200 

XXXIL Reading papers .._ 202 

XXXIII. Privileged questions 204 . 

XXXIV. The previous question 218 

XXXV. Amendments 222 

XXXVI. Division of the question 229 

XXXVII. Coexisting questions 232 

XXXVIII. Equivalent questions 233 

XXXIX. The question-... 236 

XL. Bills, third reading 237 

XLI. Division of the House 241 

XLIL Titles.. 248 

XLIII. Reconsideration 248 

XLI V. Bills sent to the other House 25 1 

XL V. Amendments between the Houses 25 2 

XLVI. Conferences 258 

XL VIL Messages 270 

XL VIII. Assent 274 

XLIX. Journals 277 

L. Adjournment 279 

LI. A session 281 

LIL Treaties 284 

LIIL Impeachment 288 

THE RULES. 

RULE I. Duties of the Speaker 303 

II. -Election of officers 310 

III. Duties of the Clerk 311 

IV. Duties of the Sergeant-at- Arms 315 

V. Duties of the Doorkeeper 316 

VI. Duties of the Postmaster 317 

VIL Duties of the Chaplain 318 

VEIL Of the Members 318 

IX. Questions of privilege 320 

[vm] 



CONTENTS 

Page 

RULE X. Standing committees 324 

XI. Powers and duties of committees 328 

XII. Delegates and Resident Commissioner 371 

XIII. Calendars and reports of committees 373 

XIV. Of decorum and debate 377 

XV. On calls of the roll and House 386 

XVI. On motions, their precedence, etc 393 

XVII. Previous question 411 

XVIII. Reconsideration . 416 

XIX. Of amendments 421 

XX. Of amendments of the Senate 423 

XXI. On bills 425 

XXII. On petitions, memorials, bills, and resolutions 441 

XXIII. Of Committees of the Whole House 446 

XXIV. Order of business 457 

XXV. Priority of business 472 

XXVI. Unfinished business of the session 473 

XXVII. Change or suspension of the rules 474 

XXVIII. Conference reports 482 

XXIX. Secret session 485 

XXX. Reading of papers 486 

XXXI. Hall of the House 487 

XXXII. Of admission to the floor 488 

XXXIII. Of admission to the galleries 490 

XXXIV. Official and other reporters 490 

XXXV. Pay of witnesses 495 

XXXVI Papers 496 

XXXVII. Withdrawal of papers 497 

XXXVIII. Ballot . 497 

XXXIX Messages 498 

2CL. Executive communications 498 

XLI . Qualifications of officers and employees 499 

XLII. General provisions 499 

PROVISIONS OF LEGISLATIVE REORGANIZATION 
ACT OF 1946 APPLICABLE TO BOTH HOUSES. 

Congressional adjournment 500 

Legislative budget 500 

Studies and reports by Appropriations Committee 501 

Preservation of committee hearings 502 

[IX] 



Page 

MISCELLANEOUS PEOVISIONS OF LEGISLATIVE 
REORGANIZATION ACT OF 1946. 

Economic Report of the President 538 

Improvement of Congressional Record 537 

Joint Committee on Printing 525, 537 

Joint Committee on the Library 525, 538 

Joint Economic Committee 524, 538 

Legislative Reference Service 535 

Transfer of functions 538 

FORMS. 

Of putting questions 505 

Of petitions 507 

Of orders, resolutions, and bills 507 

Of reports from committees 509 

Of resolution providing for an investigation 511 

Of special order for consideration of a bill 511 

Of letters of resignation 512 

Of ceremonies for deceased Members 513 

Stages of a bill of the House 517 

JOINT COMMITTEES. 

Atomic Energy, Joint Committee on 523 

Defense Production, Joint Committee on 523 

Disposition of Certain Records of the United States Govern- 
ment, Joint Committee for the 523 

Economic Committee, Joint 524 

Immigration and Nationality Policy, Joint Committee on 524 

Internal Revenue Taxation, Joint Committee on 524 

Library, Joint Committee of Congress on the 525, 538 

Navajo-Hopi Indian Administration, Joint Committee on 525 

Printing, Joint Committee on 525, 537 

Reduction of Nonessential Federal Expenditures, Joint Com- 
mittee on 526 

MISCELLANEOUS. 

Franking privilege 529 

Rooms in the Office Building 529 

Index 539 

[x] 



GENERAL ORDER OF BUSINESS. 
RULE XXIV. 

First. Prayer by Chaplain. 
Second. Reading and approval of Journal. 
Third. Correction of reference of public bills. 
Fourth. Disposal of business on Speaker's table. 
Fifth. Unfinished business. 

Sixth. The morning hour for the consideration of bills. 
Seventh. Motion to go into the Committee of the Whole House on 
the state of the Union. 
Eighth. Orders of the day. 

SPECIAL ORDER OF BUSINESS. 
MONDAYS. 

First and third Mondays: 

First. Consent Calendar. Rule XIII, clause 4. 

Second. Motions to suspend rules. Rule XXVII, clause 1. 
Second and fourth Mondays: 

First. Motions to discharge committees. Rule XXVII, clause 4. 

Second. District of Columbia business. Rule XXIV, clause 8. 

TUESDAYS. 

Bills on the Private Calendar. Rule XXIV, clause 6. 

Individual private bills considered on the first Tuesday of each 
month, omnibus private bills may be considered on third Tuesday of 
each month. 

WEDNESDAYS. 

Call of committees under Calendar Wednesday. Rule XXIV, clause 7. 



CONSTITUTION 



1.2* 

CONSTITUTION OP THE UNITE]) STATES; 1787. 



WE THE PEOPLE of the United States, in Order to 
form a more perfect Union, establish 
preamble. j us ^ ce? ^g^e domestic Tranquility, 



provide for the common defence, promote the general 
Welfare, and secure the Blessings of Liberty to our- 
selves and our Posterity, do ordain and establish this 
CONSTITUTION for the United States of America. 

Decisions of the Supreme Court of the United States relating to the 
preamble are: 

Chisholm v. Georgia, 2 Ball., 419; McCulloch v. 

. ecfeions f "* s ^te of Maryland et al., 4 Wh., 316; Brown et al. v. 
Maryland, 12 Wh., 419; Barron v. The Mayor and 
City Council of Baltimore, 7 Pet., 243; Dred Scott v. Sanford, 19 How- 
ard, 393; Lane County v. Oregon, 7 Wall., 71; Texas v. White et al., 7 
Wall., 700; Claflin v. Houseman, assignee, 93 TJ. S., 130; Wiliams v. 
Bruffy, 96 U. S., 176; Tennessee v. Davis, 100 U. S., 257; Langford v. 
United States, 101 U. S., 341; United States v. Jones,, 109 U. S., 513; 
Fort Leavenworth Railroad Co. v. Lowe, 114 U. S., 525; The Chinese 
Exclusion Case, 130 U. S., 581; Geofroy v. Biggs, 133 U. S., 258; In 
re Neagle, 135 U, S., 1; In re Ross, 140 U. S., 453; Logan t> t United 
States, 144 U. S., 263; Lascelles v. Georgia, 148 U. S., 537; Fong Yue 
Ting v. United States, 149 U. S. 698; In re Tyler, 149 U. S,, 164; United 
States t>. E. C. Knight Co., 156 U. S., 1; Mattox v. United States, 156 
U. S., 237; In re Quarles and Butler, 158 U. S., 532; In re Debs, Peti- 
tioner, 158 U. S., 564; Ward v. Race Horse, 163 U. S., 504; De Lima t>. 
Bidwell, 182 U. S., 1; Prout v. Starr, 188 U. S., 537; Jacobson v. Mas- 
sachusetts, 197 U. S., 11; South Carolina v. United States, 199 U. S., 
437; Ellis v. U. S., 206 U. S., 246; Dick v. U. S., 208 U. S., 340; Muller v. 
Oregon, 208 U. S., 412; Youngstown v. Sawyer, 343 U. S., 579. 

[3] 



CONSTITUTION OF THE UNITED STATES 
|3-6. 

ARTICLE I. 

SECTION. 1. All legislative Powers herein granted 
3. Legislate pow- s ^ a ^ ^ e vested in a Congress of the 
era Tested m con- United States, which shall consist of a 
firess ' Senate and House of Representatives. 

Decisions of the Supreme Court of the United States: 

Hayburn's case (notes), 2 DalL, 409; Field v. 
Lur?.^ 101180 ^ 116 Clark, 143 U. S., 649; Union Bridge Co. v. United 
States, 204 U. S., 364; United States v. Heinszen, 206 
U. S., 370; St. Louis & Iron Mountain Railway v. Taylor, 210 U. S., 281 ; 
Monongahela Bridge Co. v. United States, 216 U. S., 177; United States 
v. Grimaud, 216 U. S., 614; United States v. Grimaud, 220 U. S., 506; 
U. S. v. Atchison, etc., R. Co., 234 U. S., 476; Interstate Commerce 
Commission v. Goodrich Transit Co., 224 U. S., 194; Kansas City 
Southern R. Co. v. U. S., 231 U. S. 423; Bay City First Nat. Bank v. 
Union Trust Co., 244 U. S., 416; Hannibal Bridge Co. v. U. S., 221 
U. S., 194; Light v. U. S. 220 U. S., 523; Standard Oil Co. v. U. S., 
221 U. S., 1; Union Pacific R. Co. v. Snow, 231 U. S., 204; Johannessen 
v. U. S., 225 U. S., 227; Myers v. United States, 272 U. S., 53; McGrain 
v. Daugherty, 273 U. S., 135; Hampton & Co. v. United States 276 
U. S., 394; Springer v. Philippine Islands, 277 U. S., 189; Panama 
Refining Co. v. Ryan, 293 U. S., 388; Schechter Corp. v. U. S. (N. R. 
A.), 295 U. S., 495. 

SECTION. 2. * The House of Repre- 
5. Members chosen sentatives shall be composed of Mem- 
bers chosen every second Year by the 
People of the several States, * * *. 

This clause requires election by the people and State authority may 
not determine a tie by lot (I, 775). 

The term of a Congress, before the ratification of the twentieth 

amendment to the Constitution, began on the 4th 

6. Term of a Con- of March of the odd numbered years and extended 

** through two years. This resulted from the action 

of the Continental Congress on September 13, 1788, 

in declaring, on authority conferred by the Federal Convention, "the 

first Wednesday in March next" to be "the time for commencing 

[4] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 2] 7- 

proceedings under the said Constitution." This date was the 4th of 
March, 1789. And soon after the first Congress assembled a joint 
committee determined that the terms of Representatives and Senators 
of the first class commenced on that day, and must necessarily terminate 
with the 3d of March, 1791 (I, 3). Under the twentieth amendment 
to the Constitution the terms of Representatives and Senators begin 
on the 3d of January of the odd-numbered years. By a practice hav- 
ing the force of common law, the House meets at 12 m. when no other 
hour is fixed (1, 4, 210) . In the later practice a resolution fixing the daily 
hour of meeting at 12 o'clock meridian is agreed to at the beginning 
of each session. Since the adoption of the twentieth amendment some 
of the following decisions are obviously inapplicable but are retained 
for their historical significance. As legislative rather than calendar 
days are observed by the Houses of Congress, it has followed that 
the 3d of March must extend to the hour of 12 m. on March 4, and this 
hour has been fixed as that on which a Congress expires (Y, 6694r- 
6697). Although the last session may be adjourned before that hour 
(V, 6724, footnote) , in practice this does not happen ; and the Speaker 
at the hour of 12 m., March 4, usually declares the House adjourned 
sine die, without motion or vote, even interrupting a pending roll call 
(V, 6715-6718). But a motion to adjourn may be put and carried 
(V, 6711-6713). The Legislative Reorganization Act of 1946 ( 940, 
post) provides for sine die adjournment, except in time of war or during 
a national emergency proclaimed by the President, not later than the 
last day of July (Sundays excepted) each year unless otherwise provided 
by the Congress. 

* * * and the Electors in each 
State shall have the Qualifications req- 

7. Electors of the ^ ^ 

House of Represent- uisite for Electors of the most numer- 
a lves " ous Branch of the State Legislature. 

The House, in the decision of an election case, has rejected votes 
cast by persons not naturalized citizens of the United States, although 
they were entitled to vote under the statutes of a State (I, 811); but 
where an act of Congress had provided that a certain class of persons 
should be deprived of citizenship, a question arose over the proposed 
rejection of their votes in a State wherein citizenship in the United 
States was not a qualification of the elector (I, 451). In an exceptional 
case the House rejected votes cast by persons lately in armed resistance 
to the Government, although by the law of the State they were qualified 

62581 H. Doc. 459, R6-2 2 [5] 



CONSTITUTION OF THE UNITED STATES 
g-11. [ARTICLE I, SECTION 2] 

voters (I, 448) ; but later, the House declined to find persons disqualified 
as voters because they had formerly borne arms against the Govern- 
ment (II, 879). 

Decisions of the Supreme Court of the United 
8. Decisions of the g tates _ 

court * Ex parte Yarbrough, 110 U. S., 651; Wiley v. 

Sinkler, 179 U. S., 58; U. S. v. Mosley, 238 U. S., 383. 



9. Ageasaquaii- 2 j^ o person shall be a Representative 

fication of the Rep- ^ - T i A 

resentative. who shall not nave attained to the Age 

of twenty-five Years, * * *. 

A Member-elect not being of the required age, was not enrolled by the 
Clerk and he did not take the oath until he had reached the required 
age (I, 418). 

10. citizenship as * * * and been seven Years a Citi- 
sen of the United States, * * *. 



Henry Ellenbogen, of Pennsylvania, who had not been a citizen 
seven years, was elected to the Seventy-third Congress but did not take 
the oath until the beginning of the second session to meet the Constitu- 
tional requirement. A native of South Carolina, who had been abroad 
during the Revolution and on his return had not resided in the country 
seven years, was held to be qualified as a citizen (I, 420). A woman 
who had forfeited her citizenship through marriage to a foreign subject 
and later resumed it through naturalization less than seven years prior 
to her election was held to fulfill the constitutional requirement as to 
citizenship to a seat in the House (VI, 184) . A Member who had long 
been a resident of the country, but who could produce neither the 
record of the court nor his final naturalization papers, was nevertheless 
retained in his seat by the House (I, 424) . 

* * * and who shall not, when 

1 11. Inhabitancy ; 

as a qualification of elected, be an Inhabitant of that State 

era er. . 



The meaning of the word "inhabitant" and its relation to citizenship 
has been discussed (I, 366, 434; VI, 174), and the House has held that a 
mere sojourner in a State was not qualified as an inhabitant (I, 369), 
but a contestant was found to be an actual inhabitant of the State 

[6] 



CONSTITUTION OP THE UNITED STATES 

[ARTICLE I, SECTION 2] 12. 

although for sufficient reason his family resided in another State (II, 
1091). Residence abroad in the service of the Government does not 
destroy inhabitancy as understood under the Constitution (I, 433). 
One holding an office and residing with his family for a series of years 
in the District of Columbia exclusively was held disqualified to sit as a 
Member from the State of his citizenship (I, 434) ; and one who had his 
business and a residence in the District of Columbia and had no busi- 
ness or residence in Virginia was held ineligible to a seat from that 
State (I, 436). One who had a home in the District of Columbia, and 
had inhabited another home in Maryland a brief period before his 
election, but had never been a citizen of any other State, was held to be 
qualified (I, 432) . Also a Member who had resided a portion of a year 
in the District of Columbia, but who had a home in the State of his 
citizenship and was actually living there at the time of the election, 
was held to be qualified (I, 435). In the Updike v. Ludlow case, 71st 
Congress, it was decided that residence in the District of Columbia for 
years as a newspaper correspondent and maintenance there of church 
membership were not considered to outweigh payment of poll and 
income taxes, ownership of real estate, and a record for consistent 
voting in the district from which elected (VI, 55) , and in the same case 
excuse from jury duty in the District of Columbia on a plea of citizen- 
ship in the State from which elected and exercise of incidental rights of 
such citizenship, were accepted as evidence of inhabitancy (VI, 55) . 

It has been decided by the House and Senate that no State may add 
12. Qualifications to ^ e qualifications prescribed by the Constitution 
other than those (I, 414r-416, 632). Whether Congress may by law 
specified by the establish qualifications other than those prescribed 

Constitution. by the Constitution has been the subject of much 

discussion (I, 449, 451, 457, 458, 478) ; but in a case wherein a statute 
declared a Senator convicted of a certain offense "forever thereafter 
incapable of holding any office of honor, trust, or profit under the Gov- 
ernment of the United States," the Supreme Court expressed the 
opinion that the final judgment of conviction did not operate, ipso 
facto, to vacate the seat or compel the Senate to expel or regard the 
Senator as expelled by force alone of the judgment (II, 1282) . Whether 
the House or Senate alone may set up qualifications other than those of 
the Constitution has also been a subject often discussed (I, 414, 415, 
443, 457, 458, 469, 481, 484). The Senate has always declined to act 
on the supposition that it had such a power (I, 443, 483), and during 
the stress of civil war the House of Representatives declined to exercise 
the power, even under circumstances of great provocation (I, 449, 465). 

[T] 



CONSTITUTION OF THE UNITED STATES 
13-15. [ARTICLE I, SECTION 2] 

But later, in one instance, the House excluded a Member-elect on the 
principal argument that it might itself prescribe a qualification not 
specified in the Constitution (I, 477). 

Both Houses of Congress have decided, when a Member-elect is 

found to be disqualified, that the person receiving 

13. Minority candi- the next highest number of votes is not entitled to 

interned ^mbe^T the S6at (I ' 323 > 32 ?' 45 ' 463 > 469j VI > 58 ' 5 ^' 
disqualified even in a case wherein seasonable notice of the dis- 

qualification was given to the electors (I, 460). In 
the event of the death of a Member-elect, the candidate receiving the 
next highest number of votes is not entitled to the seat (VIj 152) . 
Decisions of the Supreme Court of the United States : 
Texas v. White, 7 Wall., 721; Boyd v. Nebraska, 143 U. S., 135. 

3 [Representatives and direct Taxes shall be appor- 
tioned among the several States which 

14. The old provision -, 111 , i . i TT 

for apportionment of may be included within this Union, 
according to their respective Numbers, 
^^k s h a ii be determined by adding 
to the whole Number of free persons, including 
those bound to Service for a Term of Years, and ex- 
cluding Indians not taxed, three fifths of all other 
Persons.] * * * 

The part of this clause relating to the mode of apportionment of 
Representatives was changed after the Civil War by section 2 of the 
Fourteenth Amendment and as to taxes on incomes without appor- 
tionment, by the Sixteenth Amendment. 

* * * The actual Enumeration shall be made within 
15. census as a three Years after the first Meeting of 



the Congress of the United States, and 
apportionment. within every subsequent Term of ten 
Years, in such Manner as they shall by Law direct. 
The Number of Representatives shall not exceed one 
for every thirty Thousand, but each State shall have 
at Least one Representative; and until such enumera- 
tion shall be made, the State of New Hampshire 
shall be entitled to chuse three, Massachusetts eight, 
Rhode-Island and Providence Plantations one, Con- 

[8] 



CONSTITUTION OP THE UNITED STATES 

[ARTICLE I, SECTION 2] 16-18. 

necticut five, New- York six, New Jersey four, Penn- 
sylvania eight, Delaware one, Maryland six, Virginia 
ten, North Carolina five, South Carolina five, and 
Georgia three. 

In the First Congress the House had 65 Members. The census was 
taken first in 1790 and every 10 years since, and each time, except in 
1920, has been followed by reapportionment. Membership of the 
House increased following each census, except that of 1840, until 1913 
when the number 435 was attained (VI, 39-40). The Act of June 18, 
1929 (46 Stat. 26), as amended by the Act of November 15, 1941 (55 
Stat. 761), provides for automatic apportionment of the number (435) 
of Members among the States according to the new census (VI, 41-43). 
Public Laws 85-508 (72 Stat. 339, 345) and 86-3 (73 Stat. 4, 8) 
temporarily increased House membership to 437 upon admission of 
Alaska and Hawaii into the Union until the taking effect of the next 
reapportionment on January 3, 1963. 

Decisions of the Supreme Court of the United States : 
Dred Scott v. Sandford, 19 Howard, 393; Veazie Bank v. Fenno, 
8 Wall., 533; Scholey v. Hew, 23 Wall., 331; De 
16. Decisions of Treville v. Smalls, 98 U. S., 517; Gibbons v. District 
eCOUr " of Columbia, 116 U. S., 404; Pollock v. Farmers, 

Loan & Trust Co. (Income Tax case), 157 U. S., 429; Pollock v. Farm- 
ers' Loan & Trust Co. (Rehearing), 158 U. S., 601; Thomas v. United 
States, 192 U. S., 363; Flint v. Stone Tracy Co., 220 U. S., 107; Cor- 
poration Tax cases, 220 U. S., 107; Eisner v. Macomber, 252 U. S., 189; 
New York Trust Co. v. Eisner, 256 U. S., 345. 

4 When vacancies happen in the Representation 
17. writs for from any State, the Executive Au- 
lncfes thority thereof shall issue Writs of 

representation. Election to fill such vacancies. 

Vacancies are caused by death, resignation, declination, withdrawal, 
or by action of the House in declaring a vacancy as existing or causing 
one by expulsion. 

It was long the practice to notify the executive of the State when a 
vacancy was caused by the death of a Member dur- 
ing a session ( n > H98-1202); but since improve- 
ments in transportation have made it possible for 
deceased Members to be buried at their homes it has been the practice 
for State authorities to take cognizance of the vacancies without notice. 
When a Member dies while not in attendance on the House or during 
a recess the House is sufficiently informed of the vacancy by the 
credentials of his successor, when they set forth the fact of the death 

[9] 



CONSTITUTION OF THE UNITED STATES 
19 . [ARTICLE I, SECTION 23 

(I, 568). The death of a Member-elect creates a vacancy, although, no 
certificate may have been awarded (I, 323), and in such a case the 
candidate having the next highest number of votes may not receive 
the credentials (I, 323; VI, 152). A Member whose seat was contested 
dying, the House did not admit a claimant with credentials until con- 
testant's claim was settled (I, 326); where a contestant died after a 
report in his favor, the House unseated the returned Member and de- 
clared the seat vacant (II, 965), and in a later case the contestant hav- 
ing died, the committee did not recommend to the House a resolution 
it had agreed to declaring he had not been elected (VI, 112). 

In recent practice the Member frequently informs the House by letter 
that his resignation has been sent to the State execu- 
tive (I1 ' H67-1176) and this is satisfactory evidence 
of the resignation (I, 567) but Members have re- 
signed by letter to the House alone, it being presumed that the Member 
would also notify his Governor (VI, 226) , and where a Member resigned 
by letter to the House the Speaker was authorized to notify the Gover- 
nor (Nov. 27, 1944, p. 8450; July 12, 1957, p. 11536). Where a Mem- 
ber does not inform the House the State executive may do so (II, 1193, 
1194; VI, 232). But sometimes the House learns of a Member's 
resignation only by means of the credentials of his successor (II, 1195, 
1356). Where the fact of a Member's resignation has not appeared 
either from the credentials of his successor or otherwise, the Clerk has 
been ordered to make inquiry (II, 1209), or the House has ascertained 
the vacancy from information given by other Members (II, 1208). 
It has been established that a Member or Senator may resign, appoint- 
ing a future date for his resignation to take effect, and until the arrival 
of the date may participate in the proceedings (II, 1220-1225, 1228, 
1229; VI, 227, 228). In one case a Member who had resigned was not 
permitted by the House to withdraw the resignation (II, 1213), but the 
House permitted it later in another case (VI, 229) . Acceptance of the 
resignation of a Member of the House is unnecessary (VI, 65, 226) , and 
the refusal of a Governor to accept a resignation cannot operate to 
continue membership in the House (VI, 65). Only in a single excep- 
tional case has the House taken action in the direction of accepting a 
resignation (II, 1214). Sometimes Members who Jiave resigned have 
been reelected to the same House and taken seats (II, 1210-1212, 1256). 
A Member who has not taken his seat has resigned (II, 1231). A letter 
of resignation is presented as privileged (II, 1167-1176); but a resolu- 
tion to permit a Member to withdraw his resignation was not so 
treated (II, 1213). The Speaker having been elected Vice President 
and a Representative of the succeeding Congress at the same election, 

[10] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 2] 20-25. 

transmitted to the Governor of his State his resignation as a Member- 
elect (VI, 230, 453). 

A Member who has been elected to a seat may decline to accept it, 
and in such a case the House informed the executive 
of the State of the vacancy (II, 1234). The House 
has decided an election contest against a returned 
Member who had not appeared to claim the seat (I, 638). In one 
instance a Member-elect who had been convicted in the courts did not 
appear during the term (IV, 4484, footnote) . 

At the time of the secession of several States, Members of the House 
from those States withdrew (II, 1218). In the 
Senate, in cases of such withdrawals, the Secretary 
was directed to omit the names of the Senators from 
the roll (II, 1219), and the act of withdrawal was held to create a 
vacancy which the legislature might recognize (I, 383) . 

Where the House, by its action in a question of election or otherwise, 
creates a vacancy, the Speaker is directed to notify 

22. Vacancy by ^ Executive Q f the g tate (j 5 Q 2 709 824; n ^OS- 

action of the House. - AA -v A , ,. , 1 ^ J ' 

1205). A resolution as to such notification is pre- 
sented as a question of privilege (III, 2589). 

The House declines to give prima facie effect to credentials, even 
though they be regular in form, until it has ascer- 

23. Questions as to tamed whether or not the geat ig vacant (I, 322, 518, 
the existence of a . , _ ' ' ' 

vacancy. ^65, 569), and a person returned as elected at a sec- 

ond election was unseated on ascertainment that 
another person had actually been chosen at the first election (I, 646). 
The term "vacancy" as occurring in this paragraph of the Consti- 
tution has been examined in relation to the functions 
24. Functions of o f the State executive (I, 312, 518). A federal law 
the state executive empowers the States and Territories to provide by 

in filling vacancies. , ,, ,. , , . /T -f/\ 

law the tunes of elections to fill vacancies (I, 516); 
but an election called by a governor in pursuance of constitutional au- 
thority was held valid although no state law prescribed time, place, or 
manner of such election (I, 517). Where two candidates had an equal 
number of votes, the governor did not issue credentials to either, but 
ordered a new election after they had waived their respective claims 
(I, 555). 

25. Term of a ^ member elected to fill a vacancy serves no longer 

Member elected to time than the remainder of the term of the Member 
mi a vacancy. whose place he fills (I, 3). 



(Ill 



CONSTITUTION OF THE UNITED STATES 
26-28. [ARTICLE I, SECTION 2] 

5 The House of Representatives shaR 
thesp^kerand chuse their Speaker and other Officers; 

other officers. $. ^ % 

The officers of the House are the Speaker, who has always been one of 
its Members and whose term as Speaker must expire with his term as a 
Member; and the Clerk, Sergeant-at-Arms, Doorkeeper, Postmaster, 
and Chaplain (I, 187), no one of whom has ever been chosen from the 
membership of the House, and who continue in office until their succes- 
sors are chosen and qualified (I, 187), in one case continuing through 
the entire Congress succeeding that in which they were elected (I, 244, 
263). The House formerly provided by special rule that the Clerk 
should continue in office until another should be chosen (I, 187, 188, 
235, 244) ; and in later years the statutes have imposed on the Clerk, 
Sergeant-at-Arms, and Doorkeeper duties which contemplate their 
continuance (I, 14, 15). 

The Speaker, who was at first elected by ballot, has been chosen by 
viva voce vote on a roll call since 1839 (I, 187), 

election If Ts^ker. In 1809 the House held that a Speaker should be 
elected by a majority of all present (I, 215) ; and 
in 1879 it was held that a majority of all the membership of the House 
was not required, but only a majority of those present if a quorum 
(I, 216). On two occasions, by special rule, Speakers were chosen by 
a plurality of votes; but in each case the House by majority vote 
adopted a resolution declaring the result (I, 221, 222). The House 
has declined to choose a Speaker by lot (I, 221) . The contest over the 
election of a Speaker in 1923 was resolved after procedure for adoption 
of rules for the 68th Congress had been presented (VI, 24). 

The Speaker having died during the recess of Congress, the Clerk 
. M xr , . at the next session called the House to order, ascer- 

28. Vacancies in , . , , , , , , , 

the office of Speaker, tamed the presence of a quorum, and then the 
House proceeded to elect a successor (I, 234). 
Speaker Joseph W. Byrns having died during a session of Congress 
but not while the House was sitting, the Clerk on the following day 
called the House to order and his successor, Hon. William B. Bank- 
head, was elected by resolution (June 4, 1936, p. 9016). Speaker 
Bankhead was the second Speaker to die during a session of the House, 
although neither died while the House was sitting. The Clerk on 
the following day called the House to order and Hon. Sam Rayburn 
was elected by resolution (Sept. 16, 1940, p. 12231). Form of resolu- 

[12] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 2] 29-31. 

tion offered on death of a Speaker (September 16, 1940, p. 12232) and 
a former Speaker (VIII, 3564). A resolution declaring vacant the 
office of Speaker is presented as a matter of high constitutional privi- 
lege (VI, 35) . A proposition to elect a Speaker is in order at any time 
and presents a question of the highest privilege (VIII, 3383) . Speakers 
have resigned by rising in their place and addressing the House (I, 
231, 233), by calling a Member to the Chair and tendering the resig- 
nation verbally from the floor (I, 225), or by sending a letter which 
the Clerk reads to the House at the beginning of a new session (I, 232) . 
When the Speaker resigns no action of the House excusing him from 
service is taken (I, 232). In one instance a Speaker resigned on the 
last day of the Congress, and the House elected a successor for the 
day (I, 225). 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 to resign or to recognize for a motion declaring 
vacant the office of Speaker (VI, 35). 

The effect of a law to regulate the action of the 
29. Power of House House in choosing its own officers has been discussed 
to elect its officers as (IV, 3819), and such a law has been considered of 
related to law. doubtful validity (V, 6765, 6766) in theory and 

practice (I, 241, 242). An amendment to the 
Legislative Reorganization Act of 1946 was enacted by the Eighty- 
third Congress (2 TJ. S. C. 75a-l) authorizing temporary appoint- 
ments by the Speaker to fill vacancies in the offices of Clerk, Sergeant 
at Arms, Doorkeeper, Postmaster, or Chaplain. Under this authority 
the Speaker in the Eighty-third Congress appointed a temporary 
Sergeant at Arms (January 6, 1954, p. 8). 

The office of Clerk becoming vacant, it was held that the House 

would not be organized for business until a Clerk 
30. Election of should be elected (I, 237) ; but in another instance 
cierk in relation to some business intervened before a Clerk was elected 
usiness. ^ ^g^ ^ the time of organization, while the 

Clerk of the preceding House was yet officiating, and after the Speaker 
had been elected, the House proceeded to legislation and other busi- 
ness before electing a Clerk (I, 242, 244). But in one case it was held 
that the law of 1789 bound the House to elect the Clerk before pro- 
ceeding to business (I, 241). 

* * * and [the House of Represent- 

31. House of Bep. . L ^ 

resentatives alone atlVCSJ Shall hSiVB the 8016 POWQT OI 

impeaches. Impeachment. 

In 1868 the Senate ceased in its rules to describe the House, acting 
in an impeachment, as the "grand inquest of the nation" (III, 2126). 

[13] 



CONSTITUTION OF THE UNITED STATES 
32^35. [ARTICLE I, SECTION 3 J 

SECTION 3. l [The Senate of the United States shall 
be composed of two Senators from each 
votes of State, chosen by the Legislature thereof, 
senators. or ^ Years; and each Senator shall 

have one Vote.] 

This provision has now been changed by the Seventeenth Amend- 
ment to the Constitution. 

2 Immediately after they shall be assembled in 

Consequence of the first Election, they 

33. Division of "* ' ^ 

the senate into shall be divided as equally as may be 
dasses " into three classes. The Seats of the 

Senators of the first Class shall be vacated at the 
Expiration of the second Year, of the second Class 
at the Expiration of the fourth Year, and of the third 
Class at the Expiration of the sixth Year, so that 
Fmin ofTa one-third may be chosen every second 
canciesmthe Year; [and if Vacancies happen by 
senate. Resignation, or otherwise, during the 

Recess of the Legislature of any State, the Execu- 
tive thereof may make temporary Appointments 
until the next Meeting of the Legislature, which 
shall then fill such Vacancies.] 

That part of the above paragraph in brackets was changed by the 

Seventeenth Amendment. 

3 No person shall be a Senator who shall not have 
35. Qualification attained to the Age of thirty Years, and 
of senators. been, nine Years a Citizen of the United 
States, and who shall not, when elected, be an Inhab- 
itant of that State for which he shall be chosen. 

In 1794 the Senate decided that Albert Gallatin was disqualified, not 
having been a citizen nine years although he had served in the war of 
Independence and was a resident of the country when the Constitution 

[14] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 3] 86-88. 

was formed (I, 428) ; and in 1849 that James Shields was disqualified, 
not having been a citizen for the required time ( 1, 429) . But in 1870 the 
Senate declined to examine as to H. R. Revels, a citizen under the 
recently adopted fourteenth amendment (I, 430). As to Inhabitancy 
the Senate seated one who, being a citizen of the United States, had 
been an inhabitant of the State from which he was appointed for less 
than a year (I, 437). Also one who, while stationed in a State as an 
army officer had declared his intention of making his home in the State, 
was admitted by the Senate (I, 438). A Senator who at the time of 
his election was actually residing in the District of Columbia as an 
officeholder, but who voted in his old home and had no intent of making 
the District his domicile, was held to be qualified (I, 439). 

4 The Vice President of the United 
L^^ws^te. 681 " States shall be President of the Senate, 
but shall have no Vote, unless they be 
equally divided. 

The right of the Vice-President to vote has been construed to extend 
to questions relating to the organization of the Senate (V, 5975), as the 
election of officers of the Senate (V, 5972-5974), or a decision on the 
title of a claimant to a seat (V, 5976, 5977). The Senate has declined 
to make a rule relating to the vote of the Vice-President (V, 5974). 

37. choice of 5 The Senate shall chuse their other 

president pro tem- Officers, and also a President pro 

pore and other ' A 

officers of the tempore, in the Absence of the Vice 
Senate " President, or when he shall exercise 

the Office of President of the United States. 

6 The Senate shall have the sole Power to try all Im- 
peachments. When sitting for that 
Purpose, they shall be on Oath or 
Affirmation. When the President of 
the United States is tried, the Chief 
Justice shall preside: And no Person shall be con- 
victed without the Concurrence of two thirds of the 
Members present. 

[15] 



CONSTITUTION OF THE UNITED STATES 
39-41. [ARTICLE I, SECTION 3] 

In 1868, after mature consideration, the Senate overruled the old 
view of its functions (III, 2057), and decided that it sat for impeach- 
ment trials as the Senate and not as a court (III, 2057), and eliminated 
from its rules all mention of itself as a "high court of impeachment" 
(III, 2079, 2082). 

An anxiety lest the Chief Justice might have a vote in the approach- 
ing trial of the President seems to have prompted 
39. Tbepre- this action (III, 2057). There was examination of 

siding officer. the question of the Chief Justice's power to vote (III, 

2098); but the Senate declined to declare his inca- 
pacity to vote, and he did in fact give a casting vote on incidental 
questions (III, 2067). The Senate declined to require that the Chief 
Justice be sworn when about to preside (III, 2080); but the Chief 
Justice had the oath administered by an associate justice (III, 2422). 

In impeachments for officers other than the President of the United 
States the presiding officer of the Senate presides, whether he be Vice- 
President, the regular President pro tempore (III, 2309, footnote, 2337, 
2394) or a special President pro tempore chosen to preside at the trial 
only (III, 2089, 2477). 

Senators elected after the beginning of an impeachment trial are 

sworn as in the case of other Senators (III, 2375). 

quorum! ' ^ The quorum of the Senate sitting for an impeachment 

trial is a quorum of the Senate itself, and not merely 

a quorum of the Senators sworn for the trial (III, 2063). In 1868, 

when certain States were without representation, the Senate declined 

to question its competency to try an impeachment case (III, 2060) . 

7 Judgment in Cases of Impeachment shall not 
f , T J extend further than to removal from 

41. Judgment 

in cases of Office, and disqualification to hold and 

impeachment. enjoy any Office of honor, Trust or 
Profit under the United States: but the Party con- 
victed shall nevertheless be liable and subject to 
Indictment, Trial, Judgment and Punishment, 
according to Law. 

There has been discussion as to whether or not the Constitution 
requires both removal and disqualification on conviction (III, 2397) ; 
but in the case of Pickering the Senate decreed only removal (III, 2341). 

[16] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTIONS 3, 4] 42,43. 

In the case of Humphreys, judgment of both removal and disqualifica- 
tion was pronounced (III, 2397). The question on removal and dis- 
qualification has been held divisible for the vote (III, 2397; VI, 512). 
Decisions of the Supreme Court of the United States: 
Langford v. U. S., 101 II. S., 342; Kilbourn v. Thompson, 103 U. S., 
190; Legal Tender cases, 12 Wall., 535. 



SECTION 4. ^he Times, Places and Manner of 
RAet . , holding Elections for Senators and 

42. Times, places* 

and manner of Representatives, shall be prescribed in 
R^r^totives each State by the Legislature thereof; 
ana senators. but tlie Congress may at any time by 

Law make or alter such Regulations, except as to 
the places of chusing Senators. 

The relative powers of the Congress and the States under this 
paragraph have been the subject of much discussion (I, 311, 313, 507, 
footnote) ; but Congress has in fact fixed by law the time of elections 
(I, 508; VI, 66), and has controlled the manner to the extent of pre- 
scribing a ballot or voting machine (II, 961; VI, 150). When a State 
delegated to a municipality the power to regulate the manner of holding 
an election, a question arose (II, 975) . A question as to whether or not 
a State, in the absence of action by Congress, might make the time of 
election of Congressmen contingent on the time of the State election 
(I, 522) . This paragraph does not give Congress power to regulate party 
primaries or conventions for designating candidates for the Senate 
(Newberry v. U. S., 256 U. S., 232; U. S. v. Wurzbach, 280 U. S., 396). 

The meaning of the word "legislature" in this clause of the Consti- 
43. Functions of a tution has been the subject of discussion (II, 856), as 
State legislature in to whether or not it means a constitutional conven- 
fixing time, etc., of tion as well as a legislature in the commonly accepted 
elections. meaning of the word (I, 524). The House has sworn 

in Members chosen at an election the time, etc., of which was fixed by 
the schedule of a constitution adopted on that election day (I, 519, 
520, 522). But the House held that where a legislature has been in 
existence a constitutional convention might not exercise the power 
(I, 363, 367). It has been argued generally that the legislature derives 
the power herein discussed from the Federal and not the State Con- 
stitution (II, 856, 947), and therefore that the State constitution might 

[17] 



CONSTITUTION OF THE UNITED STATES 
44^6. [ARTICLE I, SECTIONS 4, 5] 

not in this respect control the State legislature (II, 1133). The House 
has sustained this view by its action (I, 525). But where the State 
constitution fixed a date for an election and the legislature had not 
acted, although it had the opportunity, the House held the election 
valid (II, 846). 
Decisions of the Supreme Court of the United States: 

Ex parte Siebold, 100 U. S., 371; Ex parte Clarke, 
44 Decisions 1QO n ^ 39g . Ex parte Y arbrough, 110 U. S., 651; 

of the court. Jn re ^ m ^ ^ ?31 . Qhio y Hildebranty 2 41 

TJ. S., 565; U. S. v. Mosley, 238 U. S., 383; U. S. v. Gradwell, 243 
U. S., 476; Newberry v. U. S., 256 U. S., 232; Smiley v. Holm, 285 
U. S., 355; U. S. v. Classic, 313 U. S., 299; Smith v. Allwright, 321 
TJ. S. 649. 

2 [The Congress shall assemble at least once in 
45. Annual meet. ^^J Year, and such Meeting shall be 
ing of congress. on ^ fi rs Monday in December, un- 

less they shall by law appoint a different Day.] 

This provision of the Constitution has been superseded by the 
twentieth amendment. 

In the later but not the earlier practice (I, 5), prior to the twentieth 
amendment, the fact that Congress had met once within the year did 
not make uncertain the constitutional mandate to meet on the first 
Monday of December (I, 6, 9-11). 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 (I, 6, 9-1 1) . 
But in the later view an existing session ends with the day appointed 
by the Constitution for the regular annual session (II, 1160). Con- 
gress has frequently appointed by law a day for the meeting (I, 4, 5, 
10-12, footnote; see also 279, footnote). 

SECTION 5. l Each House shall be the 
Judge of the Elections, Returns and 
Qualifications of its own Members, 



The House has the same authority to determine the right of a Dele- 
gate to his seat that it has in the case of a Member (I, 423) . The 
House may not delegate the duty of judging its elections to another 
tribunal (I, 608), and the courts of a State have nothing to do with it 

[18] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 53 47-50. 

(II, 959) . The House has once examined the relations of this power to 
the power to expel (I, 469) . 

As nearly all the laws governing the elections of Representatives in 
47. Power of Congress are State laws, questions have often arisen 

judging as related as to the relation of this power of judging to those 
to state laws as laws (I, 637) . The House decided very early that the 

to returns. certificate of a State executive issued in strict 

accordance with State law does not prevent examination of the votes 
by the House and a reversal of the return (I, 637) . The House has also 
held that it is not confined to the conclusions of returns made up in 
strict conformity to State law, but may examine the votes and correct 
the returns (I, 774) ; and the fact that a State law gives canvassers the 
right to reject votes for fraud and irregularities does not preclude the 
House from going behind the returns (II, 887) . 

When the question concerns not the acts of returning officers, but the 
48. Power of ac * ^ *^ e voter * n giving ^s vote, the House has 

judging as related found more difficulty in determining on the proper 
to state laws as exercise of its constitutional power. While the 

to acts of the voter. House has always acted on the principle of giving 
expression to the intent of the voter (I, 575, 639, 641; II, 1090), yet in 
its later practice it has held that a mandatory State law, even though 
arbitrary, may cause the rejection of a ballot on which the intent of 
the voter is plain (II, 1009, 1056, 1077, 1078, 1091). 

Where the State courts have upheld a State election law as constitu- 
49 Power of tional the House does not ordinarily question the 

House as related law (II, 856, 1071). But where there has been no 
to constitutionality such decision the House, in determining its election 
of state laws. cases, has passed on the validity of State laws under 

State constitutions (II, 1011, 1134), and has acted on its decision that 
they were unconstitutional (II, 1075, 1126), but it is not the policy 
of the House to pass upon the validity of State election laws alleged 
to be in conflict with the State constitution (VI, 151). 

The courts of a State have nothing to do directly with judging the 
5 so Eff t f elections, qualifications, and returns of Hepresenta- 

interpretation of tives in Congress (II, 959), but where the highest 
state election State court has interpreted the State law the House 

laws by state b as concluded that it should generally be governed 

courts ' by this interpretation (I, 645, 731; II, 1041, 1048), 

but does not consider itself bound by such interpretations (VI, 58). 
The House is not bound, however, by a decision on an analogous but not 
the identical question in issue (II, 909) ; and where the alleged fraud of 

[19] 



CONSTITUTION OF THE UNITED STATES 
51-54. [ARTICLE I, SECTION 53 

election judges was in issue, the acquittal of those judges in the courts 
was held not to be an adjudication binding on the House (II, 1019). 
The statutes of the United States provide specific methods for institu- 
s Laws of tion * a contest as to the title to a seat in the House 

Congress not (I, 678, 697-706) (2 U. S. C. 201 et seq.); but the 

binding on the House regards this law as not of absolute binding 

House in its force, but rather a wholesome rule not to be departed 

function of from except for cause (I, 597, 719, 825, 833), and it 

judging its sometimes by resolution modifies the procedure 

elections. prescribed by the law (I, 449, 600). 

Decisions of the Supreme Court of the United States: 
In re Loney, 134 U. S., 317; Reed v. County Commissioners, 277 
U. S., 376; Barry v. U. S. ex. rel. Cunningham, 279 U. S., 597. 

* * * and a Majority of each [House] shall con- 
52. The stitute a Quorum to do Business; but 

quorum. a sma ller Number may adjourn from 

day to day, and may be authorized to compel the 
Attendance of absent Members, in such Manner, and 
under such Penalties as each House may provide. 

Out of conditions arising between 1861 and 1891 the rule was estab- 
53 inte reta lished that a majority of the Members chosen and 

tion of theCon- living constituted the quorum required by the Con- 

stitution as to stitution (IV, 2885-2888) ; but later examination has 

number constituting resulted in a decision confirming in the House of 
a quorum. Representatives the construction established in the 

Senate that a quorum consists of a majority of Senators duly chosen 
and sworn (I, 630; IV, 2891-2894). So the decision of the House now 
is that after the House is once organized the quorum consists of a 
majority of those Members chosen, sworn, and living whose membership 
has not been terminated by resignation or by the action of the House 
(IV, 2889, 2890; VI, 638). 

For many years the quorum was determined only by noting the num- 
54. The theory bers of Members voting (IV, 2896, 2897), with the 
of the quorum result that Members by refusing to vote could often 

present; and the break a quorum and obstruct the public business (II, 
count by the 1Q34; IV, 2895, footnote; V, 5744) . But in 1890 Mr. 

Speaker ' Speaker Reed directed the Clerk to enter on the Jour- 

nal as part of the record of a yea-and-nay vote names of Members present 
but not voting, thereby establishing a quorum of record (IV, 2895). 

[20] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 5] 55. 

This decision, afterwards sustained by the Supreme Court (IV, 2904), 
established the principle that a quorum present made valid any action 
by the House, although an actual quorum might not vote (I, 216, foot- 
note ; IV, 2932) . And thenceforth the point of order as to a quorum was 
required to be that no quorum was present and not that no quorum had 
voted (IV, 2917). At the time of the establishment of this principle 
the Speaker revived the count by the Chair as a method of determining 
the presence of a quorum at a time when no record vote was ordered 
(IV, 2909). The Speaker has permitted his count of a quorum to be 
verified by tellers (IV, 2888), but did not concede it as a right of the 
House to have tellers under the circumstances (IV, 2916; VI, 647-651; 
VIII, 2369, 2436) , claiming that the Chair might determine the presence 
of a quorum in such manner as he should deem accurate and suitable 
(IV, 2932). The Chair counts all members in sight, whether in the 
cloak rooms, or within the bar (IV, 2970; VIII, 3120). Later, as the 
complement to the new view of the quorum, the early theory that the 
presence of a quorum is as necessary during debate or other business as 
on a vote was revived (IV, 2935-2949) ; also, a line of rulings made under 
the old theory were overruled, and it was established that the point of 
no quorum might be made after the House had declined to verify a 
division by tellers or the yeas and nays (IV, 2918-2926). 

The absence of a quorum having been disclosed, there must be a quorum 
of record before the House may proceed to business 
55. Relations of (I y 2952 2 953 ; VI, 624, 660, 662), and the point of 
the quorum to acts v ' ' ?^ -j_-,J JM. A i_ u 

of the House. no Quorum mav no " t t> e withdrawn after the absence 

of a quorum has been ascertained and announced by 
the Chair (IV, 2928-2931; VI, 657). But when an action has been 
completed, it is too late to make the point of order that a quorum was 
not present when it was done (IV, 2927; VI, 655) . But where action re- 
quiring a quorum was taken in the ascertained absence of a quorum by 
ruling of a Speaker pro tempore, the Speaker on the next day ruled that 
the action was null and void (IV, 2964; see also VIII, 3161) . But such 
absence of a quorum should appear from the Journal if a legislative 
act is to be vacated for such reason (IV, 2962), and where the assump- 
tion that a quorum was present when the House acted was uncontra- 
dicted by the Journal, it was held that this assumption might not be 
overthrown by expressions of opinion by Members individually 
(IV, 2961). A point of no quorum, may prevent the report of the 
Chairman of a Committee of the Whole (VI, 666). If a question as to 
a quorum is raised before the reading of the Journal, a quorum must be 
ascertained before the reading may begin (IV, 2732, 2733; VI, 625, 

62581 H. Doc. 459, SO--2 3 [21] 



CONSTITUTION OF THE UNITED 
56^59. [ARTICLE I, SECTION 5] 

629), and a point of no quorum may be made at any time before 
reading is completed (VI, 624). While messages are received in the 
absence of a quorum they are not read (IV, 3522; V, 6600, 6650; VIII, 
3339). No motion is in order on the failure of a quorum but the 
motions to adjourn and for a call of the House (IV, 2950; VI, 680), 
and the motion to adjourn has precedence over the motion for a call 
of the House (VIII, 2642). A call of the House is in order under the 
Constitution in the absence of other rule (IV, 2981). Those present 
on a call of the House may prescribe a fine as a condition on which 
an arrested Member may be discharged (IV, 3013, 3014), but this is 
rarely done. A quorum is not required on motions incidental to a call 
of the House (IV, 2994; VI, 681). 

At the time of organization the two Houses inform one another of 
56. Relations of *^ e appearance of the quorum in each, and the two 
the quorum to Houses jointly inform the President (I, 198-203). 

organization of the A message from one House that its quorum has 
House. appeared is not delivered in the other until a quorum 

has appeared there also (I, 126). But at the beginning of a second 
session of a Congress the House proceeded to business, although a 
quorum had not appeared in the Senate (I, 126). At the beginning of 
a second session of a Congress unsworn Members-elect were taken into 
account in ascertaining the presence of a quorum (I, 175). In both 
Houses the oath has been administered to Members-elect in the absence 
of a quorum (I, 174, 181, 182; VI, 22), although in one case the Speaker 
objected to such proceedings (II, 875). Prayer by the Chaplain is not 
business requiring the presence of a quorum and the Speaker declines 
to entertain a point of no quorum before prayer is offered (VI, 663). 
57. Decisions of Decisions of the Supreme Court of the United 
the court. States: United States v. Ballin, 144 U. S., 1; Kil- 

bourn v. Thompson, 103 U. S., 190; Burton v. U. S., 202 U. S., 344. 

58. The House 2 Each House may determine the 

determinesitsrules. Of ItS * * * 



The power of each House of Representatives to make its own rules 

may not be impaired or controlled by the rules of a 

59. Power to make preceding House (I, 187, 210; V, 6002, 6743-6747), 

^lel^w^ or b y a law P assed b y a P rior Congress (I, 82, 245; 

IV, 3298, 3579; V, 6765, 6766). The ordinary rights 

and functions of the House under the Constitution are exercised in 

[22] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 5J 60,61. 

accordance with the rules (III, 2567), and under later decisions ques- 
tions of so-called constitutional privilege should also be considered in 
accordance with the rules (VI, 48; VII, 889; Apr. 8, 1926, p. 7147). 
But a law passed by an existing Congress with the concurrence of the 
House has been recognized by that House as of binding force in matters 
of procedure (V, 6767, 6768) . In exercising its constitutional power to 
change its rules the House may confine itself within certain limitations 
(V, 6756; VIII, 3376); but the attempt of the House to deprive the 
Speaker of his vote as a Member by a rule was successfully resisted 
(V, 5966, 5967). While a law of 1789 requires the election of a Clerk 
before the House proceeds to business yet the House has held that it 
may adopt rules before electing a Clerk (I, 245). While the Speaker 
ceases to be an officer of the House with the expiration of a Congress, 
the Clerk, by old usage, continues in a new Congress (I, 187, 188, 235, 
244). The House has adopted a rule before election of a Speaker 
(I, 94, 95) ; but in 1839 was deterred by the law of 1789 and the Con- 
stitution from adopting rules before the administration of the oath to 
Members-elect (I, 140). The earlier theory that an officer might be 
empowered to administer oaths by a rule of either House has been 
abandoned in later practice and the authority has been conferred by 
law (III, 1823, 1824, 2079, 2303, 2479) (2 U. S. C. 191). 

Before the adoption of rules the House is governed by general parlia- 
mentary law, but the Speakers have been inclined to 
? ive wei S ht to the Precedents of the House in modify- 
adoption of rules. m S ^^ usual constructions of that law (V, 6758- 
6760; VIII, 3384; January 3, 1953, p. 24). 

The general parliamentary law as understood in the House is founded 
on Jefferson's Manual and modified by the practice of American legis- 
lative assemblies, especially of the House of Representatives (V, 6761- 
6763; January 3, 1953, p. 24), but the provisions of the House's 
accustomed rules are not necessarily followed (V, 5509, 5604). 

The two Houses of Congress adopted in the early years of the Govern- 

ment joint rules to govern their procedure in matters 

es " requiring concurrent action; but in 1876 these joint 

rules were abrogated (IV, 3430; V, 6782-6787). The most useful of 

their provisions continue to be observed in practice, however (IV, 3430; 

V, 6592). 

Decisions of the Supreme Court of "the United States: U. S. v. 
Smith, 286 U. S., 6; Christoffel v. U. S., 338 U. S., 84; U. S. v. Bryan, 
339 U. S., 323. 

[23] 



CONSTITUTION OF THE UNITED STATER 
6 2.64. [ARTICLE I, SECTION 5] 

* * * [Each House may] punish its Members 
for disorderly Behaviour, and, with 
' the Concurrence of two thirds, expel 



Members. 

The two methods of punishment have been censure and expulsion. 

In action for censure the House has discussed as to 

63. Punishment whether or not the principles of the procedure of the 

by censure. courts ghould be fo n owed (n, 1255). In one in- 

stance, pending consideration of a resolution to censure a Member, 

the Speaker informed him that he should retire (II, 1366), but this is 

not usual, and Members, against whom resolutions have been pend- 

ing have participated in debate, either by consent (II, 1656) or with- 

out question as to consent (II, 1246, 1253). A Member against whom 

a resolution of censure was pending was asked by the Speaker if he 

desired to be heard (VI, 236) . But after the House had voted censure 

and the Member has been brought to the bar by the Sergcant-at-Arms 

to be censured, it was held that he might not then be heard (II, 1259). 

A resolution of censure should not apply to more than one Member 

(II, 1240, 1621). Censure is inflicted by the Speaker (II, 1259) and 

the words are entered in the Journal (II, 3251, 1656; VI, 236), but the 

Speaker may not pronounce censure except by order of the House 

(VI, 237). When Members have resigned pending proceedings for 

censure, the House has nevertheless adopted the resolutions of censure 

(II, 1239, 1273, 1275, 1656). Members have been censured for 

personalities and other disorder in debate (II, 1251, 1253, 1254, 1259), 

assaults on the floor (II, 1665), for presenting a resolution alleged to 

be insulting to the House (II, 1246), and for corrupt acts (II, 1274, 

1286). For abuse of the leave to print, the House censured a Member 

after a motion to expel him had failed (VI, 236). In one instance 

Members were censured for acts before the election of the then existing 

House (II, 1286). A proposition to censure is not germane to a 

proposition to expel (VI, 236). 

The power of expulsion has been the subject of much discussion (I, 
469, 476, 481; II, 1264, 1265, 1269; VI, 56, 398). 

In ne CaSe a Member - elect who had not taken the 
oa&h was expelled (II, 1262), and in another case 
the power to do this was discussed (I, 476). In one instance the 
Senate assumed to annul its action of expulsion (II, 1243). The Su- 
preme Court has decided that a judgment of conviction under a dis- 
qualifying statute does not compel the Senate to expel (II, 1282). The 

[24] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 5] 65-67. 

power of expulsion in its relation to offenses committed before the 
Members' election has been discussed (II, 1286), and in one case the 
Judiciary Committee of the Souse concluded that a Member might 
not be punished for an offense alleged to have been committed against 
a preceding Congress (II, 1283) ; but the House itself declined to ex- 
press doubt as to its power to expel and proceeded to inflict censure 
(II, 1286). But this case is exceptional, and in general both Houses 
have distrusted their power to punish in such cases (II, 1264, 1284, 
1285, 1288, 1289; VI, 56, 238). It has been held that the power of 
the House to expel one of its Members is unlimited; a matter purely 
of discretion to be exercised by a two-thirds vote, from which there is 
no appeal (VI, 78). The resignation of the accused Member has al- 
ways caused a suspension of proceedings for expulsion (II, 1275, 1276, 
1279; VI, 238). 

The House, in a proceeding for expulsion, declined to give the Mem- 
65 Proc dor f k er a ^^ ^ ^ e ^ ar (** 1275) ; but the Senate has 
expulsion! 6 "^ ^ permitted counsel to appear at its bar (II, 1263), al- 
though it declined to grant a request for a specific 
statement of charges or compulsory process for witnesses (II, 1264). 
Members threatened with expulsion have been heard on their own be- 
half by consent (II, 1273, 1275), or as a matter of right (II, 1269, 1286). 
In general, there has been discussion as to whether or not the principles 
of the procedure of the courts should be followed (II, 1264). The 
Senate once expelled several Senators by a single resolution (II, 1266) . 
Members and Senators have been expelled for treason (II, 1261), for 
high misdemeanor inconsistent with public duty (II, 1263), for friend- 
ship or association with enemies of the Government and absence from 
their seats (II, 1269, 1270), and for bearing arms against the Govern- 
ment (II, 1267). 

66. Propositions &* proposition to censure or expel a Member pre- 

for punishment sents a question of privilege (II, 1254; III, 2648- 

entertainedasof 2651; VI, 236). A proposition to censure is not 
privilege. germane to a proposition to expel (VI, 236). 

A resolution providing that the House immediately proceed to 
consider whether a Member should be expelled presents a question of 
privilege (Speaker Clark, Dec. 9, 1913, pp. 584-586). 

Decisions of the Supreme Court of the United States: 

. Anderson v. Dunn, 6 Wh., 204 ; Kilbourn v. Thomp- 

Leco^!* 10 son, 103 U. S., 168; United States v. Ballin, 144 

U. S., 1; In re Chapman, 166 U. S., 661; Burton v. 
U. S., 202 U. S., 344. 

[25] 



CONSTITUTION OF THE UNITED STATES 
68-72. [ARTICLE I, SECTION 5] 

3 Each House shall keep a Journal of its Proceed- 
68. Each House ings, and from time to time publish 
to keep a journal. fa^ same, excepting such Parts as may 
in their Judgment require Secrecy; * * * 

The Journal and not the Congressional Record is the official record 
of the proceedings of the House (IV, 2727). Its 
nature and functions have been the subject of 
extended discussions (IV, 2730, footnote). The 
House has fixed its title (IV, 2728). While it ought to be a correct 
transcript of the proceedings of the House, the House has not insisted 
on a strict chronological order of entries (IV, 2815). The Journal is 
dated as of the legislative and not the calendar day (IV, 2746) . 

The Journal records proceedings but not the reasons therefor (IV, 
70. Journal a 2811) or the circumstances attending (IV, 2812), or 

record of the statements or opinions of Members (IV, 2817- 

proceedings and not 2820). Exceptions to this rule are rare (IV, 2808, 
of reasons. 2825) . Protests have on rare occasions been admitted 

by the action of the House (IV, 2806, 2807), but the entry of a protest 
on the Journal may not be demanded by a Member as a matter of right 
(IV, 2798) and such demand does not present a question of privilege 
(IV, 2799). 

The House controls its Journal and may decide what are proceedings, 
71. House's even to the extent of omitting things actually done 

absolute control of or recording things not done (IV, 2784; VI, 634); 
entries in the and the Speaker entertained a motion to amend it so 

Journal. ^ ^ Q cause ft ^ o state what was not the fact, leaving 

it for the House to decide on the propriety of the act (IV, 2785) , hold- 
ing that he could not prevent a majority of the House from so amending 
the Journal as to undo an actual transaction (IV, 3091-3093). And 
only in rare instances the House has nullified proceedings by rescinding 
the records of them in the Journal (IV, 2787), the House and Senate 
usually insisting on the accuracy of its Journal (IV, 2783, 2786). In 
rare instances the House and Senate have rescinded or expunged entries 
in Journals of preceding Congresses (IV, 2730, footnote, 2792, 2793). 
The Journal should record the result of every vote and state in 
72 Record of general terms the subject of it (IV, 2804); but the 

vote's m the Journal. resul * of a vote is recorded in figures only when the 
yeas and nays are taken (IV, 2827) , or when a vote is 
taken by ballot, it having been determined in latest practice that the 
Journal should show not only the result but the state of the ballot or 
ballots (IV, 2832). The Journal does not record the names of Mem- 
bers not voting (VI, 637). 

[26] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 5], 73-76. 

It is the uniform, practice of the House to approve its Journal for 
each legislative day (IV, 2731). Where Journals of 
u jouraaT" 1 f m re than one session remain unapproved, they 
are taken up for approval in chronological order 
(IV, 2771-2773) . In ordinary practice the Journal is approved by the 
House without the formal putting of the motion to vote (IV, 2774). 
Transaction of any business, however highly privileged is not in order 
before reading and approval of the Journal (IV, 2751; VI, 629, 637). 
Reading is dispensed with only by unanimous consent (VI, 625), or 
suspension of the rules (IV, 2747-2750) and must be in full when 
demanded by any Member (IV, 2739-2741 ; VI, 627-628; Feb. 22, 1950, 
p. 2152). It may not be read or approved in absence of a quorum 
(IV, 2732, 2733; VI, 629) and yields to simple motion to adjourn (IV, 
2757) , a parliamentary inquiry (VI, 624), administration of oath (I, 
171, 172), an arraignment of impeachment (VI, 469), and questions 
of privilege (II, 1630). 

The motion to amend the Journal takes precedence of the motion to 

approve it (IV, 2760; VI, 633); but the motion to 

74. Motions to amend may not be admitted after the previous 

amend the Journal. . , , . , . , / T TT 

question is demanded on a motion to approve (IV, 
2770; VI, 633; VIII, 2684). An expression of opinion as to a decision 
of the Chair was held not in order as an amendment to the Journal (IV, 
2848). A proposed amendment to the Journal being tabled does not 
carry the Journal with it (V, 5435, 5436). While a proposed correction 
of the Journal may be recorded in the Journal, yet it is not in order to 
insert in full in this indirect way what has been denied insertion in the 
first instance (IV, 2782, 2804, 2805). The earlier practice was other- 
wise, however (IV, 2801-2803). The Journal of the last day of a ses- 
sion is not approved on the assembling of the next session, and is not 
ordinarily amended (IV, 2743, 2744). 

* * * and the Yeas and Nays of the Members 
of either House on any question shall, at 

75. Teas and nays 

entered on the the Desire of one fifth of those Present, 
journal. ^ entered on the Journal. 

The yeas and nays may be ordered before the organization of the 
House (I, 91; V, 6012, 6013), but are not taken in 
Committee <* the Whole (IV, 4722, 4723). They 
are no * necessarily taken on the passage of a reso- 
lution proposing an amendment to the Constitution 

[27] 



CONSTITUTION OF THE UNITED STATES 
77,78. [ARTICLE I, SECTION 5] 

(V, 7038, 7039; VIII, 3506), but are required to pass a bill over a veto 
( 101; VII, 1110). In the earlier practice of the House it was held 
that less than a quorum might not order the yeas and nays, but for 
many years the decisions have been uniformly the other way (V, 6016- 
6028). Neither is a quorum necessary on a motion to reconsider the 
vote whereby the yeas and nays are ordered (V, 5693). When a 
quorum fails on a yea and nay vote it is the duty of the Speaker and 
the House to take notice of that fact (IV, 2953, 2963, 2988), and the 
call of the House is automatic under the rule, and the Speaker directs 
the roll to be called without motion from the floor (VI, 678, 679, 694, 
695). If the House adjourns the order for the yeas and nays remains 
effective whenever the bill again comes before the House (V, 6014, 
6015; VI, 740; VIII, 3108), and it has been held that the question of 
consideration might not intervene on a succeeding day before the second 
calling of the yeas and nays (V, 4949) . 

The yeas and nays may be demanded while the Speaker is announcing 
the result of a division (V, 6039), while a vote by 

tellers is bein S taken ( V > 6038 )> and even aft ^ r ft* 
announcement of the vote if the House has not passed 
to other business (V, 6040, 6041; VIII, 3110). But after the Speaker 
has announced the result of a division on a motion and is in the act of 
putting the question on another motion it is too late to demand the yeas 
and nays on the first motion (V, 6042) . And it is not in order during 
the various processes of a division to repeat a demand for the yeas and 
nays which has once been refused by the House (V, 6029, 6030, 6031). 
The constitutional right of a Member to demand the yeas and nays 
may not be overruled as dilatory (V, 5737; VIII, 3107) ; but this con- 
stitutional right does not exist as to a vote to second a motion when such 
second is required by the rules (V, 6032-6036; VIII, 3109). The right 
to demand the yeas and nays is not waived by the fact that the Member 
demanding them has just made the point of no quorum and caused the 
Chair to count the House (V, 6044). 

In passing on a demand for the yeas and nays the Speaker need 
determine only whether one-fifth of those present 
sustaln the demand (V, 6043; VIII, 3112, 3115). 
In ascertaining whether one-fifth of those present 
support a demand for the yeas and nays the Speaker counts the entire 
number present and not merely those who rise to be counted (VIII, 
3111, 3120). Such count is not subject to verification and a request for 
a rising vote of those opposed to the demand is not in order (VIII, 
3112r-3114). After the House, on a vote by tellers, has refused to order 

[28] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 5) 79-82. 

the yeas and nays it is too late to demand the count of the negative 
on an original rising vote (V, 6045). 

A motion to reconsider the vote ordering the yeas and nays is in order 
79. Reconsidera- ( v 6029 5 VIII > 27 90), and the vote may be recon- 
tion of the vote sidered by a majority. If the House votes to 

ordering the yeas reconsider the yeas and nays may again be ordered 
and nays. by one-fiftll (y ? 5689-5691). But when the House, 

having reconsidered, again orders the yeas and nays, a second motion 
to reconsider may not be made (V, 6037) . In one instance it was held 
that the yeas and nays might be demanded on a motion to reconsider 
the vote whereby the yeas and nays were ordered (V, 5689), but evi- 
dently there must be a limit to this process. The vote whereby the 
yeas and nays are refused may be reconsidered (V, 5692). 

In the general but not the universal practice debate has not been 
closed by the ordering of the yeas and nays until one 
Member has responded to the call (V, 6101-6105, 
6160, 6161). A motion to adjourn may be admitted 
after the yeas and nays are ordered and before the 
roll call has begun (V, 5366) ; and a motion to suspend the rules has 
been entertained after the yeas and nays have been demanded on 
another matter (V, 6835). Consideration of a conference report (V, 
6457) , and a motion to reconsider vote by which the yeas and nays were 
ordered (V, 6029; VIII, 2790) may be admitted. A demand for tellers 
or for a division is not precluded or set aside by the fact that the yeas 
and nays are demanded and refused (V, 5998; VIII, 3103). 
Decisions of the Supreme Court of the United States: 

Field v. Clark, 143 U. S., 649; United States v. 

tVe JuT Sl Ballin > 144 U - S -> *; Twin Citv Bank Nebeker, 

167 U. S., 196; Wilkes County v. Coler, 180 U. S., 
506; Marshall v. Gordon, 243 U. S., 521. 

4 Neither House, during the Session of Congress, 
shall, without the Consent of the other. 

82. Adjournment . ; TIT 

for more than three ad j ourn f or more than three days, nor to 
days " any other Place than that in which the 

two Houses shall be sitting. 

The word "Place" in the above paragraph was construed to mean 
the seat of Government, and consent of the Senate is not required 
where the House orders its meetings to be held in another structure 

[29] 



CONSTITUTION OF THE UNITED STATES 
583,84. [ARTICLE I, SECTION 5] 

at the seat of Government (Speaker Ray burn, August 17, 1949, 
p. 11651, 11683). 

On November 22, 1940, p. 13715, the House of Representatives 
adopted a resolution providing that thereafter until otherwise ordered 
its meetings be held in the Caucus room of the new House Office Build- 
ing. Likewise the Senate on the same day, p. 13709, provided that its 
meetings be held in the Chamber formerly occupied by the Supreme 
Court in the Capitol. The two Houses continued to hold their sessions 
in these rooms until the opening of the 77th Congress. These actions 
were necessitated because of the precarious condition of the roofs in the 
two Chambers. On June 28, 1949, p. 8571, and on September 1, 1950, 
p. 14140, the House provided that until otherwise ordered its meetings 
be held in the Caucus room of the new House Office Building, pending 
the remodeling of its Chamber. On June 29, 1949, p. 8584, and on 
August 9, 1950, p. 12106, the Senate provided that its meetings be held 
in the Chamber formerly occupied by the Supreme Court in the Capitol, 
pending remodeling of its Chamber. The House returned to its 
Chamber on January 3, 1950, and again on January 1, 1951. The 
Senate returned to its Chamber on January 3, 1950, and again on 
January 3, 1951. 

The House of Representatives in adjourning for not "more than three 

days" must take into the count either the day of ad- 

83. Adjournment journing or the day of meeting, and Sunday is not 

of the House within taken into account in making this computation (V, 

the three-day limit. ^^ ^^ The House ^ by gtanding Qrder 

provided that it should meet on two days only of each week instead of 
daily (V, 6675). Before the election of Speaker the House has ad- 
journed for more than one day (I, 89, 221). 

Congress is adjourned for more than three days by a concurrent res- 
olution (IV, 4031, footnote). When it adjourns in 
84. Resolutions thig waVj but not to or beyond the day fixed by Con- 
for adjournment of stitu tion or law for the next regular session to begin, 
the two Houses. ,, . , ,, , .. , . , // 

the session is not thereby necessarily terminated (V, 
6676, 6677). Until the Sixty-seventh Congress neither House had ever 
adjourned for more than three days by itself with the consent of the 
other, but resolutions had been offered for the accomplishment of that 
end (V, 6702, 6703). On June 30, 1922, the House adjourned until 
August 15, 1922, with the consent of the Senate. Pursuant to a con- 
current resolution (House Concurrent Resolution 266) the Senate 
granted its consent to an adjournment sine die of the House on August 
20, 1954, and the House granted its consent to the Senate to an adjourn- 
ment sine die at any time prior to December 25, 1954. The Senate 
acting under the authority of the aforementioned resolution adjourned 
sine die on December 2, 1954. On one occasion the two Houses pro- 
vided for an adjournment to a certain day, with a provision that if 
there should be no quorum present on that day the session should 

[30] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTIONS, 5, 6] 85-87. 

terminate (V, 6686). The two Houses have adjourned to a certain 
day, with a provision that they may be reassembled by the Leader- 
ship if legislative expediency so required such reassembling (July 
8, 1943, p. 7516; June 23, 1944, p. 6667; Sept. 21, 1944, p. 8109; July 
18, 1945, p. 7733; July 26, 1947, p. 10521; June 20, 1948, p. 9348; and 
August 7, 1948, p. 10247). A concurrent resolution to provide for ad- 
journment for more than three days is offered in the House as a matter 
of privilege (V, 6701-6706), and is not debatable (VIII, 3372-3374). 
The Legislative Reorganization Act of 1946 provides for sine die ad- 
journment, except in time of war or during a national emergency 
proclaimed by the President, not later than the last day of July (Sun- 
days excepted) each year unless otherwise provided by the Congress 
( 940). 

A resolution providing for an adjournment sine die is not debatable 
(VIII, 3372-3374). 

SECTION 6. 1 The Senators and Representatives 
ss. compensation shall receive a Compensation for their 
of Members. Services, to be ascertained by Law, 

and paid out of the Treasury of the United States. 
* * * 

This compensation has been ascertained by law at various times, 

the present rate being fixed at $22,500 a year (2 
86. Salary, mUeage, U. S. C. 31). This rate is received by Members, 
and deductions. Delegates, and the Resident Commissioner from 

Puerto Rico. The compensation of the Speaker 
and Vice President is at the rate of $35,000 a year and $10,000 per 
annum to assist in defraying expenses (2 U. S. C. 31, 31b; 3 U. S. C. 
104, 111). The Members receive mileage at the rate of 20 cents per 
mile estimated by the nearest route usually traveled in going to and 
returning from each regular session (II, 1159, 1160, 2 U. S. C. 43). 
The statutes also provide for deductions from the pay of Members 
and Delegates who are absent from the sessions of the House for rea- 
sons other than illness of themselves and families, or who retire before 
the end of the Congress (2 U. S. C. 39; IV, 3011, footnote). The law 
as to deductions has been held to apply only to Members who have 
taken the oath (II, 1154). Members and Delegates are paid monthly 
on certificate of the Speaker. The Sergeant-at-Arms, or in case of 
his disability the Treasurer of the United States, disburses the pay of 
Members (31 U. S. C. 148). 

Questions have arisen frequently as to compensation of Members, 

especially in cases of Members elected to fill vacan- 
87. Questions as to cies (I, 500; II, 1155) and where there have been 
compensation. questions as to incompatible offices (I, 500) or titles 

to seats (II, 1206). 

[31] 



CONSTITUTION OF THE UNITED STATES 
88-91. [ARTICLE I, SECTION 61 

Each Member, Delegate, and the Resident Commissioner from 
Puerto Rico receives tin allowance annually for 
88. Stationery, stationery, telegraph, telephone toll charges, and 

telephone, and clerk stamps and the C l er k maintains a stationery room 
hireaiiowance. f ^ gup p lying art i c les (II, 1161, 1102; 2 U. S. C. 42a, 

42b, 46b, 46f). Clerk hire is provided for each Member, Delegate, 
and Resident Commissioner at the rate of $17,500 ($20,000 if the 
constituency is five hundred thousand or more) per annum, no employee 
to receive a base salary in excess of $7,000 per annum (2 U. S. C. 
60g-l). 

Decisions of the courts: 

Page t;. U. S., 127 U. S., 67; Shelley v. U. S., 10 Ct. CL, 653; Wilson v. 
U. S., 44 Ct. CL, 428. 

* * * They [the Senators and Representatives] 

shall in all Cases, except Treason, 

89. privilege of Felony, and Breach of the Peace, be 

Members from arrest. tit* A i /t 

privileged from Arrest during their 
Attendance at the Session of their respective Houses, 
and in going to and returning from the same; * * * 

The word "felony" in this provision has been interpreted not to refer 
to a delinquency in a matter of debt (III, 2676), and 
90. Assertions of "treason, felony, and breach of the peace" have been 
construed to meiin a11 indictable crimes (III, 2673). 
The courts have discussed and sustained the privilege 
of the Member in going to and returning from the session (III, 2674) ; 
and where a person assaulted a Member on his way to the House, al- 
though at a place distant therefrom, the House arrested him on warrant 
of the Speaker, arraigned him at the bar and committed him (II, 1626, 
1628). Other assaults under these circumstances have been treated 
as breaches of privilege (II, 1645) . Where a Member had been arrested 
and detained under mesne process in a civil suit during a recess of 
Congress, the House decided that he was entitled to discharge on the 
assembling of Congress, and liberated him and restored him to his seat 
by the hands of its own officer (III, 2676). Service of process is dis- 
tinguished from arrest in civil cases and related historical data are 
collected in Long v. Ansell, 293 U. S. 76. 

* 



.. , . 

privileged from bate in either House, they [the Senators 
r debate. ^^ Representatives] shall not be ques- 



tioned in any other place. 

This privilege as to "any speech or debate" applies generally to 
"things done in a session of the House by one of its Members in relation 

[32] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 6] 92-94. 

to the business before it" (II, 1655; III, 2675). For assaulting a Mem- 
ber for words spoken in debate, Samuel Plouston, not a Member, was 
arrested, tried, and censured by the House (II, 1616-1619). Where 
Members have assaulted other Members for words spoken in debate 
(II, 1656), or proceeded by duel (II, 1644), or demanded explanation in 
a hostile manner (II, 1644), the House has considered the cases as of 
privilege. A communication addressed to the House by an official in 
an Executive Department calling in question words uttered by a Mem- 
ber in debate was criticised as a breach of privilege and withdrawn 
(III, 2684). An explanation having been demanded of a Member by 
a person not a Member for a question asked of the latter when a witness 
before the House, the matter was considered but not pressed as a 
breach of privilege (III, 2681). A letter from a person supposed to 
have been assailed by a Member in debate, asking properly and without 
menace if the speech was correctly reported, was held to involve no 
question of privilege (III, 2682). Unless it be clear that a Member 
has been questioned for words spoken in debate, the House declines to 
act (II, 1620; III, 2680). 

For assaulting a Member, Charles C. Glover was arrested, arraigned 
at the bar of the House, and censured by the Speaker by direction of 
the House, although the provocation of the assault was words spoken 
in debate in the previous Congress (VI, 333). 

Decisions of the Supreme Court of the United States : 

Cox v. M'Clenachan, 3 Dall., 478; U. S. v. Cooper, 
92. Decisions of 4 DalLj 341; Rilbourn Vm Thompson, 103 U. S., 168; 
the court. Williamson v. U. S., 207 U. S., 425; Prigg v. Penn- 

sylvania, 16 Pet., 619; Burton v. U. S., 196 U. S., 295; Bolton v. Martin, 
1 Dall., 296; U. S. v. Kirby, 7 Wall., 486; Anderson v. Dunn, 6 Wheat., 
215; Marshall v. Gordon, 243 U. S. 521. 

2 No Senator or Representative shall, during the 
Time for which he was elected, be ap- 

93. Restriction on . , /~v i /-\YY* i j_l 

appointment of pointed to any Civil Office under the 
Members too ce. Authority of the United States, which 
shall have been created, or the Emoluments whereof 
shall have been encreased during such time ; * * * . 

In a few cases questions have arisen under this paragraph (I, 506, 
footnote) . 

* * * and no Person holding any 
L 9 toM oLfunTer Office under the United States, shall be 

the United States. & Member Q f 

Continuance in Office. 

[33] 



CONSTITUTION OF THE UNITED STATES 
95,96. [ABTICLE I, SECTION 6J 

The meaning of the word "office" as used in this paragraph has been 
discussed (I, 185, 417, 478, 493; II, 993; VI, 60, 64), as has also the 
general subject of incompatible offices (I, 563). 

The Judiciary Committee has concluded that members of commis- 
sions created by law to investigate and report, but 
having no legislative, executive, or judicial powers, 
and visitors to academies, regents, directors, and 
trustees of public institutions, appointed under the law by the Speaker, 
are not officers within the meaning of the Constitution (I, 493). Mem- 
bership on joint. committees created by statute is not an office in the 
contemplation of the Constitutional provision prohibiting Members of 
Congress from holding simultaneously other offices under the United 
States (VII, 2164). A Member of either House is eligible to appoint- 
ment to any office not forbidden him by law, the duties of which are 
not incompatible with those of a Member (VI, 63) and the question as 
to whether a Member may be appointed to the Board of Managers of 
the Soldiers' Home and become local manager of one of the Homes, is 
a matter for the decision of Congress itself (VI, 63). The House has 
also distinguished between the performance of paid services for the 
Executive (I, 495), like temporary service as assistant United States 
attorney (II, 993) , and the acceptance of an incompatible office. The 
House has declined to hold that a contractor under the Government is 
constitutionally disqualified to serve as a Member (I, 496). But the 
House, or its committees, have found disqualified a Member who was 
appointed a militia officer in the District of Columbia (I, 486) and in 
various States (VI, 60), and Members who have accepted commissions 
in the Army (I, 491, 492, 494). But the Judiciary Committee has 
expressed the opinion that persons on the retired list of the Army do 
not hold office under the United States in the constitutional sense (I, 
494). A Member-elect has continued to act as governor of a State 
after the assembling of the Congress to which he was elected (I, 503) , 
but the duties of a Member of the House and the Governor of a State 
are absolutely inconsistent and may not be simultaneously discharged 
by the same Member (VI, 65) . 

The House decided that the status of a Member-elect was not 
96. Appointment affected by the constitutional requirement (I, 499), 
of Members-elect to the theory being advanced that the status of the 
offices under the Member-elect is distinguished from the status of 
United states. the Member who has qualified (I, 184). And a 

Member-elect, who continued in an office after his election but resigned 
before taking his seat, was held entitled to the seat (I, 497, 498). But 

[34] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTIONS 6, 7] 97-99. 

when a Member-elect held an incompatible office after the meeting of 
Congress he was held to have disqualified himself (I, 492). In other 
words, the Member-elect may defer until the meeting of Congress his 
choice between the seat and an incompatible office (I, 492). 

The House has manifestly leaned to the idea that a contestant holding 
97. Relation of an incompatible office need not make his election 
contestants to until the House has declared him entitled to the seat 

incompatible (i ? 5Q5). Although a contestant had accepted and 

offices * held a State office in violation of the state constitu- 

tion, if he were really elected a Congressman, the House did not treat his 
contest as abated (II, 1003). Where a Member had been appointed 
to an incompatible office a contestant not found to be elected was not 
admitted to fill the vacancy (I, 807) . 

Where a Member has accepted an incompatible office, the House has 

assumed or declared the seat vacant (I, 501, 502; VI, 

98. Procedure of 65). In the cases of Baker and Yell, the Elections 

the House when Committee concluded that the acceptance of a com- 

incompatible offices . . . * 

are accepted. mission as an office of volunteers in the national army 

vacated the seat of a Member (I, 488), and in another 
similar ease the Member was held to have forfeited his right to a seat 
(I, 490) . The House has seated a person bearing regular credentials on 
ascertaining that his predecessor in the same Congress had accepted a 
military office (I, 572). But usually the House by resolution formally 
declares the seat vacant (I, 488, 492) . A Member-elect may defer until 
the meeting of Congress his choice between the seat and an incom- 
patible office (I, 492) . But when he retains the incompatible office and 
does not qualify, a vacancy has been held to exist (I, 500) . A resolution 
excluding a Member who has accepted an incompatible office may be 
agreed to by a majority vote (I, 490). A Member charged with 
acceptance of an incompatible office was heard in his own behalf 
during the debate (I, 486). 

SECTION 7. 1 A11 Bills for raising Revenue shall 

originate in the House of Representa- 

99. Ems raising tives: but the Senate may propose or 

revenue to originate ' . ^ c ^ 

in the House. concur with Amendments as on other 
Bills. 

This provision has been the subject of much discussion (II, 1488, 
1494). In the earlier days the practice was not always correct (II, 

[35] 



CONSTITUTION OP THE UNITED STATES 
100, 101. [ARTICLE I, SECTION 7] 

1484) ; but in later years the House has insisted on its prerogative and 
the Senate has often shown reluctance to infringe thereon (II, 1482, 
1483, 1493). In several instances, however, the subject has been mat- 
ter of contention, conference (II, 1487, 1488), and final disagreement 
(II, 1485, 1487, 1488). Sometimes, however, when the House has 
questioned an invasion of prerogative, the Senate has receded (II, 1486, 
1493). The disagreements have been especially vigorous over the 
right of the Senate to concur with amendments (II, 1489), and while 
the Senate has acquiesced in the solo right of the House to originate 
revenue bills, it has at the same time held to a broad power of amend- 
ment (II, 1497-1499). The House has frequently challenged the 
Senate on this point (II, 1481, 1491, 1496; Feb. 1, 1909, p. 1684). 
When the House has conceived that its prerogative has boon invaded, 
it has ordered the bill to be returned to the Senate (II, 1493-1495; 
VI, 317; March 30, 1937, p. 2930; H. Res. 598, July 2, 1960), or 
declined to proceed further with it (II, 1485). A bill raising revenue 
incidentally was held not to infringe upon the constitutional prerogative 
of the House to originate revenue legislation (VI, 315). Discussion 
of differentiation between bills for the purpose of raising revenue and 
bills which incidentally raise revenue (VI, 315). A revenue question 
was not objected to until the stage of conference (II, 1942; VI, 314). 
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 (VI, 314). On January 1(>, 1924, p. 1027, the 
Senate decided that a bill proposing a gasoline tax in the District of 
Columbia should not originate in the Senate (VI, 316). 
Decisions of the Supreme Court of the United States: 

U. H. v. Norton, 91 U. S., 569; Field v. Clark, 143 

ftiM n * U.S., 649; Twin City Bank v. Ncboker, 167 U. S, 

of the ^r 118 196 J Millard v. Roberts, 202 U. S., 429; Rainey v. 

U. S., 232 U. S., 310; Flint v. Stone Tracy Co., 220 

U. S., 107; Hubbard v. Lowe, 226 Fed., 135; U. S. . 

Hill, 123 U. S., 681. 

2 Every Bill which shall have passed the House of 
ML Approval Representatives and the Senate, shall, 
and disapproval of before it become a Law, be presented 

bills by the President. , ., -^ ., ,. ., '.,,_, 

to the President of the United States; 
If he approve he shall sign it, but if not he shall 

[36] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 7] 102. 

return it, with his Objections to that House in which 
it shall have originated, who shall enter the Objec- 
tions at large on their Journal, and proceed to recon- 
sider it. If after such Reconsideration two thirds of 
that House shall agree to pass the Bill, it shall be 
sent, together with the Objections, to the other 
House, by which it shall likewise be reconsidered, 
and if approved by two thirds of that House, it shall 
become a Law. But in all such Cases the Votes of 
both Houses shall be determined by Yeas and Nays, 
and the Names of the Persons voting for and against 
the Bill shall be entered on the Journal of each 
House respectively. * * *. 

The approval of a bill by the President of the United States is valid 
only with his signature (IV, 3490). Prior to the 
1 ro'^i !ieaet0f adoption of the twentieth amendment to the Con- 
approva . stitution, at the close of a Congress, when the 

two Houses prolonged their sessions into the forenoon of March 4, 
the approvals were dated on the prior legislative day, as the legisla- 
tive portion of March 4 belonged to the term of the new Congress. 
In one instance, however, bills signed on the forenoon of March 4 
were dated as of that day with the hour and minute of approval given 
with the date (IV, 3489) . The twentieth amendment to the Constitu- 
tion changed the date of meeting of the Congress to January 3d. 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 (IV, 3492) ; and in 1842 a committee of the House discussed 
the act of President Jackson in writing above his signature of approval 
a memorandum of his construction of the bill (IV, 3492). But where 
the President has accompanied his message announcing the approval 
with a statement of his reasons there has been no question in the House 
(IV, 3491). The statutes require that bills signed by the President 
shall be received by the Administrator of General Services and de- 
posited in his office (1 U. S. C. 106a). Formerly these bills were 
received by the Secretary of State (IV, 3485) and deposited in his 
office (IV, 3429). 

625S1 H. Doc. 459, S6-2 4 [37] 



CONSTITUTION OP THE UNITED STATES 
105-105. [ARTICLE I, SECTION 7] 

Notice of the signature of a bill by the President is sent by message 
to the House in which it originated (VII, 1089) and 
103. Notice of that House informs the other (IV, 3429). But this 

approval sent by notice is not necessary to the validity of the act (IV, 
message. 3495). Sometimes, at the close of a Congress the 

President informs the House of such bills as he has 
approved and of such as he has allowed to fail (IV, 3499-3502). In 
one instance he communicated his omission to sign a bill through the 
committee appointed to notify him that Congress was about to adjourn 
(IV, 3504). A bill that had not actually passed having been signed 
by the President, he disregarded it and a new bill was passed (IV, 3498). 
Messages of the President giving notice of bills approved are entered 
in the Journal and published in the Congressional Record (V, 6593) . 
A message withholding approval of a bill, called a veto message, is 
sent to the House in which the bill originated; but it 
104. Disapproval h as been k elc j .^at sucn a mes sage may not be 
(or veto) of bills. re turned to the President on his request after it has 
been laid before the Senate (IV, 3521). Instance where a veto mes- 
sage which had not been laid before the House was returned to the 
President on his request (Aug. 1, 1946, p. 10651). A vetoed bill 
received in the House by way of the Senate is considered as if 
received directly from the President and supersedes the regular 
order of business (IV, 3537; VII, 1109). A veto message may not be 
read in the absence of a quorum, even though the House be about to 
adjourn sine die (IV, 3522; VII, 1094) ; but the message may be read 
and acted on at the next session of the same Congress (IV, 3522). 
When the President has been prevented by adjournment from 
returning a bill with his objections he has sometimes at the next 
session communicated his reasons for not approving (V, 6618-6620). 
It is the usual but not invariable rule that a bill returned with the 
objections of the President shall be voted on at once 
(IV, 3534-3536) and when ]aid before the House the 
105. Consideration question on the passage is considered as pending and 
of a vetoed bm in no motion from the floor is required (VII, 1097-1099), 
the ouse. j^ j t ^^ ^ QQIi ^^ ^^ ^ Q constitutional mandate 

that "the House shall proceed to consider" means 
that the House shall immediately proceed to con- 
sider it under the rules of the House, and that the ordinary motions 
under the rules of the House to refer, to commit, or to postpone to 
a day certainare in order (IV, 3542-3550; VII, 1105, 1113), and are 
debatable under the hour rule (VIII, 2740). A motion to refer a 
vetoed bill, either with or without the message, has been held allowable 
within the constitutional mandate that the House "shall proceed to 

[38] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 7] 108, 107. 

reconsider" (IV, 3550; VII, 1105, 1108, 1114). But while the ordi- 
nary motion to refer may be applied to a vetoed bill, it is not in order 
to move to recommit it pending the demand for the previous question 
or after it is ordered (IV, 3551; VII, 1102). A vetoed bill having been 
rejected by the House, the message was referred (IV, 3552; VII, 1103). 
Committees to which vetoed bills have been referred have sometimes 
neglected to report (IV, 3523, 3550, footnotes; VII, 1108, 1114). 
A vetoed bill may be laid on the table (IV, 3549; VII, 1105), but it 
is still highly privileged and a motion to take it from the table is in 
order at any time (IV, 3550; V, 5439). Also a motion to discharge a 
committee from the consideration of such a bill is privileged (IV, 3532) . 
While a vetoed bill is always privileged, the same is not true of a bill 
reported in lieu of it (IV, 3531; VII, 1103). 

If two-thirds of the House to which a bill is returned with the Presi- 
dent's objections agree to pass it, and then two-thirds 

of the other Hoiuse also a S ree !t becomes a law 
(IV, 3520). The yeas and nays are required to pass 
a bill over the President's veto (IV, 2726, 3520; VII, 1110). The two- 
thirds vote required to pass the bill is two-thirds of the Members 
present and not two-thirds of the total membership of the House 
(IV, 3537, 3538; Missouri Pac. Ry. Co. v. Kansas, 248 U. S., 276). 
Only Members voting should be considered in determining whether 
two-thirds voted in the affirmative (VII, 1111). Motion to reconsider 
may not be applied to the vote on reconsideration of a bill returned 
with the objections of the President (V, 5644; VIII, 2778). 

It is the practice for one House to inform the other by message of its 
decision that a bill returned with the objections of the President shall 
not pass (IV, 3539-3541). A bill passed notwithstanding the objec- 
tions of the President is sent by the presiding officer of the House 
which last acts on it to the Administrator of General Services who 
receives it and deposits it in his office (1 U. S. C. 106a). Formerly 
these bills were sent to the Secretary of State (IV, 3524) and deposited 
in his office (IV, 3485). 

A bill incorrectly enrolled has been recalled from the President, who 
5 107. Errors in erased his signature (IV, 3506) . Bills sent to the 

bills sent to the President but not yet signed by him are sometimes 

President. recalled by concurrent resolution of the two Houses 

(IV, 3507-3509; VII, 1091), and amended; but this proceeding is 
regarded as irregular (IV, 3510-3518). An error in an enrolled bill 
that has gone to the President may also be corrected by a joint resolu- 
tion (IV, 3519; VII, 1092). 

f391 



CONSTITUTION OF THE UNITED STATES 
8 108 . [ARTICLE I, SECTION 71 

Decisions of the Supreme Court of the United States: 

Missouri Pac, Ry. Co. v. Kansas, 248 U. S., 276; U. S. v. Smith, 286 

U. S., 6; Edwards 'v. U. S., 286 U. S., 482; Wright v. United States, 302 

U. S/, 583. 

* * * If any Bill shall not be returned by the 
HOB. Bins ^hich President within ten Days (Sundays 
become laws excepted) after it shall have been pre- 

Pr^deVt^ sented to him, the Same shall be a 

approval. Law, in like manner as if he had signed 

it, unless the Congress by their Adjournment prevent 
its Return, in which Case it shall not be a Law. 

A bill signed by the President within ten days (Sunday excepted) 
after it has been presented to him becomes a law even though such 
signing takes place when Congress is not in session, whether during the 
period of an adjournment to a day certain or after the final adjournment 
of a session. Presidents currently sign bills after sine die adjournment 
but within ten days after their receipt. President Truman signed 
several bills passed in the Eighty-first Congress after the convening of 
the Eighty-second Congress but within ten days (Public Laws 910-921, 
81st Cong., 2d Sess.; 64 Stat. 1221-1257). It was formerly contended 
that the President might not approve bills during a recess (IV, 3493, 
3494), and in one instance, in 1864, when the President signed a bill 
after final adjournment of Congress but within ten days grave doubts 
were raised and an adverse report was made by a House committee 
(IV, 3497). Later opinions of the Attorney General have been to 
the effect that the President has the power to approve bills within 
ten days after they have been presented to him during the period 
of an adjournment to a day certain (IV, 3496) and after an adjourn- 
ment sine die (VII, 1088). The Supreme Court has held valid as 
laws bills signed by the President within ten days during a recess for 
a specified time (La Abra Silver Mining Co. v. U. S., 175 U. S. 451, 
IV, 3495) and also those signed after an adjournment sine die (Edwards 
v. U. S., 286 U. S. 482). Doubt had existed as to whether a bill which 
remains with the President ten days without his signature, Congress 
meanwhile before the tenth day having adjourned to a day certain, 
becomes a law (IV, 3493; VII, 1115); and an opinion of the Attorney 
General in 1943 held that under such circumstances a bill not signed 
by the President does not become a law (40 Op. Atty. Gen. 274). 
A bill which is passed by both Houses of Congress during the 
first regular session of a Congress and presented to the President 

[40] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 7] 109,110. 

less than ten days (Sundays excepted) before the adjournment of that 
session, but is neither signed by the President, nor returned by him to 
the House in which it originated, does not become a law ("The Pocket 
Veto Case," 279 U. S. 655; VII, 1115). President Truman during an 
adjournment to a day certain pocket vetoed several bills passed by the 
Eighty-first Congress and also, after the convening of the Eighty-second 
Congress, pocket vetoed one bill passed in the Eighty-first Congress. 
The President was advised that when Congress adjourns, not sine die, 
vetoed bills should be returned (IV, 3496), and the adjournment of 
the House of origin for not exceeding three days while the other branch 
of the Congress remained in session, did not prevent a return of the 
vetoed bill to the House of origin (Wright v. U. S., 302 U. S. 583). 

Decisions of the Supreme Court of the United States: 
* ft ^ ,- * Field v - Clark, 143 U. S. 649; United States v. 

109. Decisions of B allin, 144 U. S. 1; Twin City Bank v. Nebeker, 167 
U. S. 196; La Abra Silver Mining Co. v. United 
States, 175 U. S. 423; Wilkes County v. Coler, 180 U. S. 506; The 
Pocket Veto Case, 279 U. S. 655; Edwards v. U. S., 286 U. S. 482; 
Wright v. U. S., 302 U. S. 583. 

3 Every Order, Resolution, or Vote to which the 
no. AS to Concurrence of the Senate and House 

presentation of of Representatives may be necessary 
(cept on a question of Adjournment) 
shall be presented to the President of 
the United States; and before the Same shall take 
Effect, shall be approved by him, or being disap- 
proved by him, -shall be repassed by two thirds of 
the Senate and House of Representatives, according 
to the Rules and Limitations prescribed in the Case 
of a Bill. 

It has been settled conclusively that a joint resolution proposing an 
amendment to the Constitution should not be presented to the Presi- 
dent for his approval (V, 7040). Such joint resolutions, after passage 
by both Houses, are presented to the Administrator of General Services 
(2 U. S. C. 106b). S. J. Res. 39, 86th Congress, a joint resolution pro- 
posing an amendment to the Constitution of the United States granting 
representation in the electoral college to the District of Columbia, 
was presented to the Administrator of General Services on June 17, 1960. 
Although the requirement of the Constitution seems specific, the prac- 
tice of Congress has been to present to the President for approval only 
such concurrent resolutions as are legislative in effect (IV, 3483, 3484) 
which is not within the scope of the modern form of concurrent reso- 
lutions, 

[41] 



CONSTITUTION OF THE UNITED STATES 
111-113. t ARTICLE I, SECTION 8] 

Decisions of the Supreme Court of the United States: 

Field v. Clark, 143 U. S., 649; United States v. 
m. Decisions Baffin, 144 U. S., 1; Fourteen Diamond Rings v. 

of the court. 



SECTION 8. The Congress shall have Power l To 
Thereve- lay and collect Taxes, Duties, Imposts 



and Excises, to pay the Debts and pro- 
vide for the cc >mon Defence and general Welfare of 
the United States; but all Duties, Imposts, and Ex- 
cises shall be uniform throughout the United States; 

Decisions of the Supreme Court of the United States: 

Hyltonv. United States, 3 Dall., 171; McCullochv. 
113. Decisions gtato of Marylandj 4 ^h,, 316; Loughborough v. 

of the court. Elfik- , 5 Wh., 317; Osborn v. Bank of the United 

States, 9 Wh., 738; We? ,on et al. v. City Council of Charleston, 2 Pet., 
449; Dobbins v. The Commissioners of Erie County, 16 Pet., 435; Li- 
cense Cases, 5 How., 50-1; Cooley v. Board of Wardens of Port Philadel- 
phia et al., 12 How., 299; McGuire v. The Commonwealth, 3 Wall., 387; 
Van Allen v. The Assessors, 3 Wall., 573; Bradley v. The People, 4 Wall,. 
459; License Tax Cases, 5 Wall., 462; Pervear v. The Commonwealth, 
5 Wall., 475; Woodruffs. Parham, 8 Wall., 123; Hinson v. Lott, 8 Wall., 
148; Veazie Bank v. Fenno, 8 Wall., 533; The Collector v. Day, 11 Wall, 
113; United States v. Singer, 15 Wall., Ill; State tax on foreign-held 
bonds, 15 Wall., 300; United States v. Railroad Company, 17 Wall, 
322; Railroad Company v. Peniston, 18 Wall., 5; Scholey v. Rew, 23 
Wall., 331; National Bank v. United States, 101 U. S., 1; Springer v. 
United States, 102 U. S. 586; Legal Tender Case, 110 U. S., 421; Head 
Money Cases, 112 U. S. 580; Van Brocklin v. State of Tennessee, 117 
U. S. 151; Field v. Clark, 143 U. S., 649; New York, Lake Erie and 
Western R. R. v. Pennsylvania, 153 U. S. 628; Pollock v. Farmers 7 
Loan and Trust Co. (Income Tax Case), 157 U. S., 429; United States 
v. Realty Company, 163 U. S. 427; In re Kollock, 165 U. S. 526; 
Nicol v. Ames, 173 U. S., 509; Knowlton v. Moore, 178 U. S., 41; De 
Lima v. Bidwell, 182 U. S., 1; Dooley v. United States, 182 U. S., 222; 
Fourteen Diamond Riings v. United States, 183 U. S., 176; Felsenheld, 
v. United States, 186 U. S., 126; Thomas v. United States, 192 U. S., 363; 
Binns v. United States, 194 U. S., 486; South Carolina v. United States, 
199 U. S., 437; Flaherty v. Hanson, 215 U. S., 515; Flint v. Stone Tracy 
Co., 220 U. S., 107; Billings v. U. S., 232 U. S., 261; Rainey v. U. S., 232 
U. S., 310; Bailey v. Drexel Furn. Co. (child labor), 259 U. S., 20; Hill v. 
WaUace, 259 U. S., 44; Browne v. Thorne, 260 U. S., 137; Trusler v. 
Crooks, 269 U. S., 475; U. S. v. Butler (A. A. A.), 297 U. S. 1; Graves v. 
N. Y., 306 U. S. 466. 

[42] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 8] 114-117. 

114. The borrowing 2 To borrow Money on the credit of 
power * the United States: 

Decisions of the Supreme Court of the United States: 

McCulloch v. The State of Maryland, 4 Wh., 316; 



115 

Weston et al. v. The City Council of Charleston, 2 



Pet., 449; Bank of Commerce v. New York City, 2 
Black, 620; Bank Tax Cases, 2 Wall., 200; The Bank v. The Mayor, 7 
Wall., 16; Bank v. Supervisors, 7 Wall., 26; Hepburn v. Griswold, 8 
Wall., 603; National Bank v. Commonwealth, 9 Wall., 353; Parker v. 
Davis, 12 Wall., 457; Legal Tender Case, 110 U. S., 421; Home In- 
surance Company v. New York, 134 U. S., 594; Home Savings Bank v. 
Des Moines, 205 U. S., 503; U. S. v. Sacks, 257 U. S., 37; Perry v. U. S., 
294 U. S., 330. 

3 To regulate Commerce with foreign Nations, and 
lie. Power over among the several States, and with the 
commerce. Indian Tribes; 

Decisions of the Supreme Court of the United States: 

Gibbons v. Ogden, 9 Wheat., 1; Brown v. Maryland 
117. Decisions of 12 Wheat., 419; Trade-mark Cases, 100 U. S., 96; 
the court. Paul v. Virginia, 8 Wall., 168; Cooley v. Philadelphia, 

12 How., 299; Hall v. De Cuir, 95 U. S., 487; Pensa- 
cola Tel. Co. v. Western Union, 96 U. S., 9; U. S. v. Knight Co., 156 
U. S., 1; The Shreveport Case, 234 U. S., 342; Addyston Pipe & Steel 
Co. v. U. S., 175 U. S., 211; Champion v. Ames, 188 U. S., 321; I. C. C. v. 
Delaware, etc., R. Co., 220 U. S., 235; Dahnke- Walker Co. v. Bondu- 
rant, 257 U. S., 282; U. S. v. U. S. Steel Corp., 251 U. S., 417; Duplex 
Co. v. Deering, 254 U. S., 443; Federal Trade Comm. v. Beech-Nut 
Co., 257 U. S., 441; Texas v. I. C. C., 258 U. S., 158; Krichman v. 
U. S., 256 U. S., 363; Northern Pac. R. Co. v. North Dakota, 250 
U. S., 135; Penn. R. Co. v. Weber, 257 U. S., 85; Cent. R. Co. v. U. S., 
257 U. S. 247; Wisconsin v. Chicago, etc., R. Co., 257 U. S., 563; 
United Fuel Gas Co. v. Hallanan, 257 U. S., 277; Baltimore, etc., 
R. Co. v. Settle, 260 U. S., 166; South Covington, etc., R. Co. v. 
Ky., 252 U. S., 399; Texas v. Eastern Texas R. Co., 258 U. S., 204; 
Michigan Cent. R. Co. v. Owen & Co., 256 U. S., 427; Williams v. U. S., 
255 U. S., 336; American Column Co. v. U. S., 257 U. S., 377; Crescent 



[43] 



CONSTITUTION OF THE UNITED STATES 
118> n9. [ARTICLE I, SECTION 8] 

Oil Co. v. Miss., 257 U. S., 129; Weeds v. U. S. 255 U. S., 109; Lemke v. 
Farmers Grain Co., 258 U. S., 50; Mo. Pac. R. Co. v. McGrew Coal Co., 
256 U. S., 134; St. Louis, etc., R. Co. v. Mo., 254 U. S., 535; Erie R. Co, 
v. New Jersey, 254 U. S., 394; Denver R. Co. v. Denver, 250 U. S., 241; 
Penn. Gas Co. v. Public Service Cornm., 252 U. S., 23; Mackay Tel., 
etc., Co. v. Little Rock, 250 U. S., 94; Economy Light Co. v. U. S., 256 
U. S., 113; Shively v. Bowlby, 152 U. S., 1; International Bridge Co. v. 
New York, 254 U. S., 126; Wallace v. Hines, 253 U. S., 66; Davis v. 
Wallace, 257 U. S., 478; Postal Tel. Cable Co. v. Fremont, 255 U. S., 
124; St. Louis, etc., R. Co. v. Hagerman, 256 U. S., 314; Underwood 
Typewriter Co. v. Chamberlain, 254 U. S., 113; Wagner v. Covington, 
251 U. S., 95; Askren v. Continental Oil Co., 252 U. S., 444; Heisler 
v. Thomas Colliery Co., 260 U. S., 245; American Mfg. Co. v. St. Louis, 
250 U. S., 459; National Union v. Wanberg, 260 U. S., 71; Dayton 
Goose Creek R. Co. v. United States, 263 U. S., 456; New Jersey v. 
Sargent, 269 U. S., 328; Gen. Araer. Tank Car Corp. v. Day, 270 U. S. 
367; Moore v. N. Y. Cotton Exchange, 270 U. S. 593; Colorado v. 
United States, 271 U. S., 153; Thornton v. United States, 271 U. S., 
414; Di Santo v. Pennsylvania, 273 U. S., 34; Assigned Car Cases, 274 
U. S., 564; Interstate Busses Corp. v. Blodgett, 276 U. S., 245; Foster 
Packing Co. v. Haydel, 278 U. S., 1; Wisconsin v. Illinois, 278 U. S., 367; 
Baldwin v. G. A. F. Seelig, 294 U. S., 511; Retirement Board v. Alton 
R. Co., 295 U. S., 330; Schechter Corp. v. U. S. (N. R. A.), 295 U. S., 
495; Carter v. Carter Coal Co., 298 U. S., 238; Edwards v. California, 
314 U. S., 160. 

4 To establish an uniform Rule of Naturalization, 1 
and uniform Laws on the subject of 
Bankruptcies throughout the United 
States ; 2 

Decisions of the Supreme Court of the United States: 

1 Chirac v. Chirac, 2 Wheat., 259; 1 Osborn v. U. S. 



tVe t tel<mS Bank > 9 Wheat., 827; 1 Ogden v. Saunders, 12 Wheat., 



276; i Shanks v. Dupont, 3 Pet., 242; t G assies v. 
Ballon, 6 Pet., 761; * Dred Scott v. Sanford, 19 How., 392; 1 Hauenstein 
v. Lynham, 100 U. S., 483; 1 Elk v. Wilkins, 112 U. S., 101; 1 Nishimura 
Ekiu v. U. S., 142 U. S., 651; Boyd v. Nebraska, 143 U. S., 162; 1 U. S. 
v. Wong Kim Ark, 169 U. S., 703; 1 Holmgren v. U. S., 217 U. S., 509; 

1 Luria v. U. S., 231 U. S., 9; 2 Sturges v. Crowninshield, 4 Wh., 122; 

2 McMillan v. McNeil, 4 Wh., 209; 2 Farmers and Mech. Bank v. 
Smith, 6 Wh., 131; 2 Ogden v. Saunders, 12 Wh., 213; 2 Boyle v. Zach- 

[44] 



CONSTITUTION OF THE UNITED STATES 

[ABTICLE I, SECTION 8] 120-125. 

arie, 6 Pet., 348; 2 Beers v. Haughton, 9 Pet., 329; 2 Suydam v. Broad- 
nax, 14 Pet., 67; 2 Cook v. Moffat, 5 How., 295; 2 New Lamp Chimney 
Co. v. Ansonia Brass Co., 91 TL S., 661; 2 U. S. v. Fox, 95 U. S., 672; 
2 Canada Southern Ry. Co. v. Gebhard, 109 U. S., 539; 2 Butler v. 
Goreley, 146 U. S., 303; 2 Hanover National Bank v. Moyses, 186 
U. S., 181 ; 2 SteUwagen v. Clum, 245 U. S. 605. 

. ^ . 5 To coin Money, regulate the Value 

120. Coinage, J ' & 

weights, and thereof , and of foreign Coin, and fix the 

measures. Standard of Weights and Measures; 

Decisions of the Supreme Court of the United States: 
s 121 D f Briscoe v. The Bank of the Commonwealth of Ken- 

the cirart. 01810118 tucky, 11 Pet., 257; Fox v. The State of Ohio, 5 How. 
410; United States v. Marigold, 9 How., 560; Smith 
t>. Kansas City Title Co., 255 U. S., 180; Norman v. B. & O. R. Co., 294 
U. S. 240; Perry v. U. S., 294 U. S., 330. 

6 To provide for the Punishment of counterfeiting 
122. counter- the Securities and current Coin of the 
felting. United States; 

Decisions of the Supreme Court of the United States: 

123 Decisions of F X V ' The State f hi ' 5 How ' 410 ' United 

the cour^ CIS1 nS States v. Marigold, 9 How., 560; Legal Tender Cases, 
12 Wall., 535. 

1 124. post-offices 7 To establish Post Offices and Post 

and post-roads. Roads J 

Decisions of the Supreme Court of the United States: 
. - T% . - * State of Pennsylvania v. The Wheeling and Bel- 

125. Decisions of , -n i ^ o TT ^i -r i 

the court. mont Bridge Company, 18 How., 421; Pensacola 

Telegraph Co. v. Western Union Telegraph Co., 96 
U. S. 1; Ex parte Jackson, 96 U. S., 727; In re Rapier, 143 U. S., 110; 
Horner v. United States, 143 U. S., 207; In re Debs, Petitioner, 158 
U. S., 564; Illinois Central Railroad Co. v. Illinois, 163 U. S., 142; 
Gladson v. Minnesota, 166 U. S., 427; Public Clearing House v. Coyne, 
194 U. S., 497; Western Union Telegraph Co. v. Pennsylvania R. R. 
Co., 195 U. S., 540; Martin v. Pittsburg & Lake Erie R. R., 203 U. S., 
284; Badders v. U. S., 240 U. S., 391; Milwaukee Pub. Co. v. Burleson, 
255 U. S., 407; Johnson v. Maryland, 254 U. S., 51. 

[45] 



CONSTITUTION OP THE UNITED STATES 
126-132. [ARTICLE I, SECTION 8J 

8 To promote the Progress of Science and useful 
126. patents ana Arts > b y securing for limited Times to 
copyrights. Authors and Inventors the exclusive 

Right to their respective Writings and Discoveries; 

Decisions of the Supreme Court of the United States: 

Grant et al. v. Raymond, 6 Pet., 218; Wheaton 

Le^r 810118 et aL v - Peters et aL > 8 Pet -> 591 J Trade-mark Cases, 
100 U. S., 82; Burrow Giles Lithographic Co. v. 
Sarony, 111 U. S., 53; United States v. Duell, 172 U. S., 576; Bobbs- 
Merrill Co. v. Straus, 210 U. S., 339; Kalem Co. v. Harper, 222 U. S., 
55; Ferris v. Frohman, 223 U. S., 424; Hildreth v. Mastoras, 257 
U. S., 27. 



128. inferior constitute Tribunals inferior to 



courts* 



the supreme Court; 



, t0ft . _, , 10 To define and punish Piracies and 

129. Piracies and . . , 

offenses against law Felonies committed on the high seas ; 
o nations. ^^ Offenses against the Law of Na- 

tions; 

Decisions of the Supreme Court of the United States: 

D f United States v. Palmer, 3 Wh., 610; United States 
the court. 1810 v > WUtberger, 5 Wh., 76; United States v. Smith, 5 

Wh., 153; United States v. Pirates, 5 Wh., 184; 
United States v. Arjona, 120 U. S., 479. 

sm.pecian.tiox.s u T declare War, grant Letters of 
of war and maritime Marque and Reprisal, and make Rules 

operations. ^ _ _ n 

concerning Captures on Land and 
Water; 

Decisions of the Supreme Court of the United States: 

132. Decisions of Brown v. United States, 8 Cr., 110; America In- 

thecimrt. surance Company et al. v. Canter (356 bales cotton), 

1 Pet., 511; Mrs. Alexander's cotton, 2 Wall., 404; 

Miller v. United States, 11 Wall., 268; Tyler v. Defrees, 11 Wall., 331; 



[46] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 8] 133-139. 

Stewart v. Kahn, 11 Wall., 493; Hamilton v. Dillon, 21 Wall., 73; 
Lamar, ex., v. Browne et al., 92 U. S., 187; Mayfield v. Richards, 115 
U. S., 137; The Chinese Exclusion Cases, 130 U. S., 581; Mormon 
Church v. United States, 136 U. S., 1; Nishimura Ekiu v. The United 
States, 142 U. S., 651; Selective Draft Law Cases, 245 U. S., 366; 
Northern Pacific R. Co. v. North Dakota, 250 U. S., 135; U. S. v. 
Cohen Grocery Co., 255 U. S., 81; Abrams v. U. S., 250 U. S., 616; 
Debs v. U. S., 249 U. S., 211; Ruppert v. Caffey, 251 U. S., 264; Stoehr 
v. Wallace, 255 U. S., 239. 

133. Raisins and 12 To raise and support Armies, but 
support of armies. no Appropriation of Money to that Use 
shall be for a longer Term than two Years; 

Decisions of the Supreme Court of the United States: 

Crandall v. State of Nevada, 6 Wall., 35; Nishi- 
thc T^urt 8 m ^ra Eki u v - Th -e United States, 142 U. S., 651; 



Selective Draft Law Cases, 245 U. S., 366. 

13 To provide and maintain a Navy; 

Decisions of the Supreme Court of the United States: 
136. Decisions of United States v. Bevans, 3 Wh., 336; Dynes v. 
the court. Hoover, 20 How., 65. 

14 To make Rules for the Govern- 
navli ^r d m ^ nt and Regulation of the land and 

naval Forces; 

15 To provide for calling forth the Militia to exe- 
138. calling out cute the Laws of the Union, suppress 
the militia. Insurrections and repel Invasions; 

Decisions of the Supreme Court of the United States: 

n r Houston v. Moore, 5 Wh., 1; Martin v. Mott, 12 

the ^r 810 " 80 Wh - 19; Luth er Borden, 7 How., 1; Crandall v. 
State of Nevada, 6 Wall., 35; Texas v. White, 7 Wall., 
700; Toth v. Quarles, 350 U. S., 11. 



[47] 



CONSTITUTION OF THE UNITED STATES 
140-143. [ARTICLE I, SECTION 8) 

16 To provide for organizing, arming, and disciplin- 
i4o. power over ing, the Militia, and for governing such 
the muitia. p ar ^ o f them as may be employed in 
the Service of the United States, reserving to the 
States respectively, the Appointment of the Officers, 
and the Authority of training the Militia according 
to the discipline prescribed by Congress; 

Decisions of the Supreme Court of the United States: 

Houston v. Moore, 5 Wh., 1; Martin v. Mott, 12 
141. Decisions of Wh., 19; Luther v. Borden, 7 How., 1; Presser v. 
the court. Illinois, 116 U. S., 252; Selective Draft Law Cases, 

245 U. S. 366. 

17 To exercise exclusive Legislation in all Cases 

whatsoever, over such District, (not 

142. Power over ' 7 x 

territory of the exceeding ten Miles square) as may, by 
Cession of particular States, and the 
Acceptance of Congress, become the Seat of the Gov- 
ernment of the United States, and to exercise like 
Authority over all Places purchased by the Consent 
of the Legislature of the State in which the Same shall 
be, for the erection of Forts, Magazines, and Arsenals, 
dock- Yards, and other needful Buildings; And 

Decisions of the Supreme Court of the United States: 

Hepburn et al. v. Ellzey, 2 Cr., 445; Loughborough 

Of v ' Blake ' 5 Wh '' 317; Cohens v - Virginia, 6 Wh., 264; 
American Insurance Company v. Canter (350 bales 
cotton), 1 Pet., 511; Kendall, Postmaster- General, v. The United States, 
12 Pet., 524; United States v. Dewitt, 9 Wall., 41; Dunphy v. Kleinsmith 
et al., 11 Wall., 610; Willard v. Presbury, 14 Wall., 676; Kohl et al. v. 
United States, 91 U. S., 367; Phillips v. Payne, 92 U. S., 130; United 
States v. Fox, 94 U. S., 315; Fort Leavemvorth K. K. Co. v. Lowe, 114 
U. S., 525; Gibbons v. District of Columbia, 116 U. S. 404; Van Brock- 
lin v. State of Tennessee, 117 U. S., 151; Stoutenburgh v. Hennick, 129 
U. S., 141; Geofroy v. Riggs, 133 U. S., 258; Benson v. United States, 

[48] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLES I, SECTION 8] 144, 145. 

146 U. S., 325; Shoemaker v. United States, 147 U. S., 282; Chappell 
v. United States, 160 U. S., 499; Ohio v. Thomas, 173 U. S., 276; Wight 
v. Davidson, 181 U. S., 371; Battle v. United States, 209 U. S., 36; 
Western Union Telegraph Co. v. Chiles, 214 U. S., 274; El Paso & 
Northeastern Ry. Co. v. Gutierrez, 215 U. S., 87; Briscoe v. Rudolph, 
221 U. S., 547; Heald v. D. C., 259 U. S., 114; Block v. Hirsh (Rent 
Act), 256 U. S., 135; Arlington Hotel v. Fant, 278 U. S. 439; National 
Mutual Ins. v. Tidewater, 337 U. S., 582. 

18 To make all Laws which shall be necessary and 
144. General leg- proper f or carrying into Execution the 
isiative power, foregoing Powers, and all other Powers 
vested by this Constitution in the Government of the 
United States, or in any Department or Officer thereof. 

Decisions of the Supreme Court of the United States: 

McCulloch v. The State of Maryland, 4 Wh., 316, 
the i nrt f 310 Wayman v. Southard, 10 Wh., 1; Bank of United 

States v. Halstead, 10 Wh., 51; Hepburn v. Griswold, 
8 Wall., 603; National Bank v. Commonwealth, 9 Wall., 353; Thomson 
v. Pacific Railroad, 9 Wall., 579, Parker v. Davis, 12 Wall., 457; Railroad 
Company?;. Johnson, 15 Wall., 195; Railroad Company v. Peniston, 18 
Wall., 5; United States v. Fox, 95 U. S., 670; United States v. Hall, 98 
U. S., 343; Tennessee v. Davis, 100 U. S., 257; Ex parte Curtis, 106 
U. S., 371; Legal Tender case, 110 U. S., 421; Stoutenburgh v. Hennick, 
129 U. S. 141; The Chinese Exclusion Case, 130 U. S., 581; Crenshaw v. 
United States, 134 U. S., 99; Cherokee Nation v. Southern Kansas R. 
R., 135 U. S., 641; Nishimura Ekiu v. The United States, 142 U. S., 651; 
Field v. Clark, 143 U. S., 649; Logan v. United States, 144 U. S., 263; 
Fong Yue Ting v. United States, 149 U. S., 698; Lees v. United States, 
150 U. S., 476; Interstate Commerce Commission v. Brimson, 154 U. S., 
447; Clune v. United States, 159 U. S., 590; Motes v. United States, 178 
U. S., 458; Buttfield v. Stranahan, 192 U. S., 470; U. S. v. Barnow, 239 
U. S., 74; Bay City First Nat. Bank v. Union Trust Co., 244 U. S. 416; 
Jacob Ruppert v. Caffey, 251 U. S., 264; Hamilton v. Kentucky Distil- 
leries Co., 251 U. S., 146; U. S. v. Standard Brewery, 251 U. S., 210; 
Newberry v. U. S., 256 U. S., 232; McGrain v. Daugherty, 273 U. S., 
135; Spinger v. Philippine Islands, 277 U. S., 189; Blackmer v. U. S., 
284 U. S., 421; Panama Refining Co. v. Ryan, 293 U. S., 388; Schecter 
Corp. v. U. S. (N. R. A.;, 295 U. S., 495. 

[49] 



CONSTITUTION OF THE UNITED STATES 
146-151. [ARTICLE I, SECTION 9J 

SECTION 9. 1 The Migration or Importation of such 
Persons as any of the States now exist- 

146. Migration . . ~ 

or importation of ing shall think proper to admit, shall 
persons " not be prohibited by the Congress prior 

to the Year one thousand eight hundred and eight, 
but a Tax or duty may be imposed on such Importa- 
tion, not exceeding ten dollars for each Person. 

Decision of the Supreme Court of the United States: 
147. Decision of Dred Scott v. Sanford, 19 How., 393; Oceanic 

the court. Navigation Co. v. Stranahan, 214 U. S., 320. 

2 The Privilege of the Writ of Habeas Corpus shall 
5i48. writ of not be suspended, unless when in Cases 
habeas corp* 8 . of Rebellion or Invasion the public 
Safety may require it. 

Decisions of the Supreme Court of the United States: 

United States v. Hamilton, 3 DalL, 17; Ex parte 
Banian and Swartwout, 4 Cr., 75; Ex parte 
Kearney, 7 Wh., 38; Ex Parte Tobias Watkins, 
3 Pet., 193; Ex parte Milburn, 9 Pet., 704; Holmes v. Jennison et al., 
14 Pet., 540; Ex parte Dorr, 3 How., 103; Luther v. Borden, 7 How., 1; 
Ableman v. Booth and United States v. Booth, 21 How., 506; Ex parte 
VaUandigham, 1 Wall., 243; Ex parte Milligan, 4 Wall., 2; Ex parte 
McCardle, 7 Wall., 506; Ex parte Yerger, 8 Wall., 85; Tarble's case, 
13 Wall., 397; Ex parte Lange, 18 Wall., 163; Ex parte Parks, 93 U. S., 
18; Ex parte Karstendick, 93 U. S., 396; Ex parte Virginia, 100 U. S., 
339; In re Neagle, 135 U. S., 1; In re Frederick, 149 U. S., 70; United 
States v. Sing Tuck, 194 U. S., 161; United States v. Ju Toy, 198 U. S., 
253; Carfer v. Caldwell, 200 U. S., 293; McNichols v. Pease, 207 U. S., 
100; Gasquet v. Lapeyre, 242 U. S., 367. 



iso. Bills of 3 N O Em O f Attainder or ex post facto 

attainder and ex 

postfectoiaTO. Law shall be passed. 

Decisions of the Supreme Court of the United States: 

Fletcher v. Peck, 6 Cr., 87; Ogden t>. Saunders, 12 

the ^JtT On8 Wfc-i 213 ; Watson et al. v. Mercer, 8 Pet., 88; Car- 

penter et al. v. Commonwealth of Pennsylvania, 17 

[50] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 9 J 152-15S. 

How., 456; Locke v. New Orleans, 4 Wall., 172; Cummings v. The 
State of Missouri, 4 Wall., 277; Ex parte Garland, 4 Wall., 333; Dreh- 
man v. Stifle, 8 Wall., 595; Klinger v. State of Missouri, 13 Wall., 257; 
Pierce v. Carskadon, 16 Wall., 234; Hopt v. Utah, 110 U. S., 574; 
Cook v. United States, 138 U. S., 157; Neely v. Henkel (No. 1), 180 
U. S., 109; Southwestern Coal Co. v. McBride, 185 U. S., 499; Buga- 
jewitz v. Adams, 228 U. S., 585; Johannessen v. U. S., 225 U* S., 227; 
U. S. v. Lovett, 328 U. S. 303. 

4 [No Capitation, or other direct, tax shall be laid, 
152. capitation unless in Proportion to the Census or 
and direct taxes. Enumeration herein before directed to 
be taken.] 

This provision was changed in 1913 by the Sixteenth Amendment 
to the Constitution. 

Decisions of the Supreme Court of the United States : 

n f License Tax Cases, 5 Wall., 462; Springer v. United 

theli^t States, 102 U.S., 586; Pollock v. Farmers 7 , etc., Co., 

157 U. S., 573, and 158 U. S., 601; Nicol v. Ames, 

173 U. S., 509; South Carolina v. United States, 199 U. S., 437; Eisner 

v. Macomber, 252 U. S., 189. 

154. Export 6 No Tax or Duty shall be laid on 

duties. Articles exported from any State, 

Decisions of the Supreme Court of the United States: 

Cooley v. Board of Wardens of Port of Philadel- 
the court 10nS phia, 12 How., 299; Pace v. Burgess, collector, 92 
U. S. ; 372; Turpin v. Burgess, 117 U. S., 504; Pitts- 
burg & Southern Coal Co. v. Bates, 156 U. S., 577; Nicol v. Ames, 
173 U. S., 599; Williams v. Fears, 179 U. S., 270; De Lima v. Bidwell, 
182 U. S., 1; Dooley v. United States, 183 U. S., 151; Fourteen Dia- 
mond Rings v. United States, 183 U. S., 176; Cornell v. Coyne, 192 
U. S., 418; South Carolina v. United States, 199 U. S., 437; Armour 
Packing Co. v. United States, 209 U. S., 56; Thames, etc., Ins. Co. v. 
U. S., 237 U. S. 19; Peck v. Lowe, 247 U. S., 165. 



[51] 



CONSTITUTION OF THE UNITED STATES 
156-159. [ARTICLE I, SECTION 9|, 

6 No preference shall be given by any Regulation 
156. Freedom of Commerce or Revenue to the Ports 
of commerce. o one g^ate over those of another: nor 
shall Vessels bound to, or from, one State, be obliged 
to enter, clear, or pay Duties in another. 

Decisions of the Supreme Court of the United States: 

Cooley v. Board of Wardens of Port of Philadelphia 

et al -> 12 How -> 2 " ^ stato of Pennsylvania v. Wheel- 
ing and Belmont Bridge Company et aL, 18 How., 
421; Munn v. Illinois, 94 U. S., 113; Packet Co. v. St. Louis, 100 U. S., 
423; Packet Co. v. Cattlettsburg, 105 U. S., 559; Spraigtie v. Thompson, 
118 U. S., 90; Morgan v. Louisiana, 118 U. S., 455; Johnson v. Chicago 
& Pacific Elevator Co., 119 U. S., 388; South Carolina v. United States, 
199 U. S., 437; Armour Packing Co. v. United States, 209 U. S., 56; 
Wisconsin v. Illinois, 278 U. S., 367. 

7 No Money shall be drawn from the Treasury, but 
158. Appropria- in Consequence of Appropriations made 
llTunSngof by Law; and a regular Statement and 
public money. Account of the Receipts and Expendi- 
tures of all public Money shall be published from 
time to time. 

Decisions of the courts and opinions of Attorneys General : 
Campagna v. U. S. (1891), 26 Ct. CL, 317; Hart v. U. S., 118 U. S., 
62; Reeside v. Walker, 11 How., 272; U. S. v. Realty Co., 163 U. S., 
440; Collins' Case (1879), 15 Ct. CL, 35; Knote v. U/S., 95 U. S., 154; 
Choctaw Indians, 13 Op. Atty. Gen., 354; Great Western Ins. Co. v. 
U. S., 19 Ct. Cl., 206; Mitchell v. U. S., 18 Ct. CL, 286; Contracts for 
Extension of Capitol, 6 Op. Atty. Gen., 28; U. S. v. Hanson, 167 Fed., 
881; Expenditures in Kansas, 8 Op. Atty. Gen., 137; U. S. v. Butler 
(A. A. A.), 297 U. S, 1. 

8 No Title of Nobility shall be granted by the 
159. Tines of United States: And no Person holding 
nobmt y and gifts any Office of Profit or Trust under 
rom oreign s a. shall without the Consent of the 

[52] 



CONSTITUTION OF THH UNITED STATES 

[ARTICLE I, SECTIONS 9, 10] 160, 161. 

Congress, accept of any present, Emolument, Office, 
or Title, of any kind whatever, from any King, 
Prince, or foreign State. 

Opinions of Attorneys General: 

Gifts from Foreign Prince (1902), 24 Op. Atty. Gen., 117; Foreign 
Diplomatic Commission (1871), 13 Op. Atty. Gen., 538; Marshal of 
Florida (1854), 6 Op. Atty. Gen., 409. 

SECTION 10. x No State shall enter into any 
wo. states not to Treaty, Alliance, or Confederation ; 
grant Letters of Marque and Reprisal; 

coin Mone y; emit Bms of Credit ; 

etc - l make any Thing but gold and silver 

Coin a Tender in Payment of Debts; pass any Bill 
of Attainder, ex post facto Law, 2 or Law impairing 
the Obligation of Contracts, 3 or grant any Title of 
Nobility. 

Decisions of the Supreme Court of the United States: 

1 Virginia Coupon Cases, 114 U. S., 269; l Houston 
isi. Decisions of R. Co. v. Texas, 177 U. S., 87; * Wesley v. Eells, 177 
the court. U. S., 375; 2 Legal Tender Case, 110 U. S., 446; 

2 Cummings v. Mo., 4 Wall., 323; 2 Duncan v. Mo., 
152 U. S., 382; 2 Frank v. Mangum, 237 U. S., 309; 2 Ross v. Oregon, 
227 U. S., 150; 2 Watson v. Mercer, 8 Pet., 110; 2 Fletcher, v. Peck 6 
Cranch, 138; 2 Rooney v. North Dakota, 196 U. S., 324; 2 Kring v. 
Missouri, 107 U. S., 232 ; 2 Jaehne v. New York, 128 U. S., 189 ; 2 Waters- 
Pierce Oil Co. v. Texas, 212 U. S., 86; 2 Chicago, etc., R. Co. v. Tran- 
barger, 238 U. S., 67; 2 Reetz v. Mich., 188 U. S., 509; 2 Thompson v. 
Missouri, 171 U. S., 380; 2 McDonald v. Mass., 180 U. S., 311; 2 Malloy 
v. S. C., 237 U. S., 180; 2 Thompson v. Utah, 170 U. S., 343; 8 Great 
Northern R. Co. v. Minnesota, 246 U. S., 434; 3 Central of Georgia R. 
Co. v. Wright, 248 U. S., 525; 3 Pa. Hospital v. Philadelphia, 245 U. S., 
20; 3 Hendrickson v. Apperson, 245 U. S., 105; 3 Northern Ohio Trac- 
tion Co. v. Ohio, 245 U. S., 574; 3 Denver R. Co. v. Denver, 250 U. S., 
241; 3 Detroit R. Co. v. Detroit, 248 U. S., 429; 3 Union Dry Goods 
Co. v. Georgia Pub. Service Corp., 248 U. S., 372; 3 Mo. Min. Co. v. 

G25S1 H. Doc. 459, 86-2 5 [53] 



CONSTITUTION OF THE UNITED STATES 
162,1(53. tARTICLE I, SECTION 10 J 

Greenwood Dist., 249 U. S., 170; 3 Columbus R. Co. v. Columbus, 249 
U. S., 399; 3 Aikins v. Kingsbury, 247 U. S., 484; s Hays v. Port of 
Seattle, 251 U. S., 233; 8 Producers Transp. Co. v. Railroad Comm., 
251 U. S., 228; 3 Hardin-Wyandot Co. v. Upper Sandusky, 251 U. S., 
173; 3 Los Angeles v. Los Angeles Gas Co., 251 U. S., 32; 3 Okla. Ry. 
v. Severns Pav. Co., 251 U. S., 104; Pac. Gas Co. v. Police Court, 251 
U. S., 22; Appleby v. City of New York, 271 U. S. t 364; Larson v. South 
Dakota, 278 U. S., 429; 8 Home Bldg. & Loan Assn. v. Blaisdell, 290 
U. S., 398. 

2 No State shall, without the Consent of the Con- 

5 162. States not S reSS > Ia 7 ^Y I^pOSt OF DlltieS OH 

duttV mpost r Imports or Exports, except what may 
be absolutely necessary for executing 
it's inspection Laws: and the net Produce of all 
Duties and Imposts, laid by any State on Imports 
or Exports, shall be for the Use of the Treasury 
of the United States; and all such Laws shall be 
subject to the Revision and Controul of the Congress. 

Decisions of the Supreme Court of the United States: 

McCulloch v. State of Maryland, 4 Wh., 316; 



the fWt? 810 Gibbons v. Ogden, 9 Wh., 1; Brown r. The State of 

Maryland, 12 Wh., 419; Magcr v. Grima et al., 8 
How., 490; Cooley v. Board of Wardens of Port of Philadelphia et al., 
12 How., 299; Almy v. State of California, 24 How., 169; License Tax 
Cases, 5 Wall., 462; Crandall v. State of Nevada, 6 Wall., 35; Waring v. 
The Mayor, 8 Wall., 110; Woodruff v. Perham, 8 Wall., 123; Hinson c. 
Lott, 8 Wall., 148; State Tonnage Tax Cases, 12 Wall., 204; State Tax 
on railway gross receipts, 15 Wall., 284; Inman Steamship Company t. 
Tinker, 94 U. S., 238; Cook v. Pennsylvania, 97 U. S., 566; Packet Co. 
v. Keokuk, 95 U. S., 80; People v. Campagnie G6nral Transatlantique, 
107 U. S., 59; Turner v. Maryland, 107 U. S., 38; Brown et al. t. 
Houston, Collector, et al., 114 U. S., 622; Coe v. Errol, 116 U. S., 517; 



[54] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE I, SECTION 10] 164, 165. 

Turpin v. Burgess, 117 U. S., 504; Pittsburg & Southern Coal Co. v. 
Bates, 156 U. S., 577; Pittsburg & Southern Coal Co. v. Louisiana, 156 
U. S., 590; Scott v. Donald, 165 U. S., 58; Patapsco Guano Co. v. North 
Carolina, 171 U. S., 34^; May & Co. v. New Orleans, 178 U. S., 496; 
Dooley v. United States, 183 U. S., 151; Cornell v. Coyne, 192 U. S., 
418; American Steel & Wire Co. v. Speed, 192 U. S., 500; Delaware, 
L., &c., R. R. Co. v. Pennsylvania, 198 U. S., 341; McLean v. Denver 
& Rio Grande R. R., 203 U. S., 38; Selliger v. Kentucky, 213 U. S., 200; 
Hebe Co. v. Shaw, 248 U. S., 297. 

3 No State shall, without the Consent of Congress, 
lay any Duty of Tonnage, keep Troops, 

164. States not to ni r> TTT , t* -r\ 

lay tonnage taxes, or Snips of War in time of Peace, 
enter *& io an Agreement or Compact 
with another State, or with a foreign 

Power, or engage in War, unless actually invaded, 

or in such imminent Danger as will not admit of 

delay. 

Decisions of the Supreme Court of the United States: 

Green v. Biddle, 8 Wh., 1; Poole et al. v. The 
166. Decisions Lesgee of Fleeger e t al., 11 Pet., 185; Cooley v. Board 
of the court. Qf Wardeng of Port of Philadelphia et al., 12 How., 

299; Peete v. Morgan, 19 Wall., 581; Cannon v. New Orleans, 20 Wall., 
577; Inman Steamship Company v. Tinker, 94 U. S., 238; Transporta- 
tion Co. v. Wheeling, 99 U. S., 273; Packet Co. v. St. Louis, 100 U. S., 
423; Packet Co. v. Keokuk, 95 U. S., 80; Vicksburg v. Tobin, 100 U. S., 
430; Packet Co. v. Catlettsburg, 105 U. S., 559; Wiggins Ferry Co. . 
East St. Louis, 107 U. S., 365; Transportation Company v. Parkersburg, 
107 U. S., 691; Presser v. Illinois, 116 U. S., 252; Morgan v. Louisiana, 
118 U. S., 455; Huse . Glover, 119 U. S., 543; Ouachita Packet Co. v. 
Aiken, 121 U. S., 444; Indiana v. Kentucky, 136 U. S., 479; Virginia v. 
Tennessee, 148 U. S., 503; Wharton v. Wise, 153 U. S., 155; St. Louis 
& San Francisco Railway Co. v. James, 161 U. S., 545; Selective Draft 
Law Cases, 245 U. S., 366. 



[55] 



CONSTITUTION OF THE UNITED STATES 
f 166-168. 

ARTICLE II. 

SECTION 1. l The executive Power shall be vested 
in a President of the United States of 
America. He shall hold his Office 
vice-president during the Term of four years, and 
together with the Vice President, chosen for the same 
Term, be elected, as follows: 

George Washington took the oath of office as the first President on 
April 30, 1789 (III, 1986). The two Houses of the First Congress 
found, after examination by a joint committee, that by provisions 
made in the Federal Constitution and by the Continental Congress, the 
term of the President had, notwithstanding, begun on March 4, 1789 
(I, 3). The twentieth amendment, declared to have been ratified on 
February 6, 1933, provides that Presidential terms shall end and suc- 
cessor terms shall begin at noon on January 20. Thus, Franklin D. 
Roosevelt's first term began on March 4, 1933, but ended at noon on 
January 20, 1937. Formerly, when March 4 fell on Sunday, the public 
inauguration of the President occurred at noon on March 5 (III, 1996; 
VI, 449). Following ratification of the XXth Amendment, the first 
time inauguration day fell on Sunday was January 20, 1957, and 
Dwight David Eisenhower took the oath for his second term in a private 
ceremony at the White House on that day; followed by a public 
inauguration ceremony on the steps of the East Front of the Capitol 
on Monday, January 21, 1957. The twenty-second amendment pro- 
vides that no person shall be elected President more than twice. 

Decisions of the Supreme Court of the United States: 
., n . . Field v. Clark, 143 U. S., 649; Garfield v. Goldsby, 

r!I" Dec T nS 211 U. S., 249; Monongahela Bridge Co. v. United 

of the court. States, 216 U. S., 177; United States v. Grimaud, 216 

U. S., 614; Runkle v. U. S., 122 U. S., 557; Kendall v. U. S., 12 Pet., 524; 
Hampton & Co. v. United States, 276 U. S., 394; Springer v. Philippine 
Islands, 277 U. S., 189; Youngstown v. Sawyer, 343 U. S., 579. 

2 Each State shall appoint, in such Manner as the 
168. Electors of Legislature thereof may direct, a Num- 
presidentand b er o f Electors, equal to the whole 

Vice-President _ T - * r< -i-r-v 

and their Number of Senators and Representa- 

Qualificatio,*. 



in the Congress; but no Senator or Representative, 

C56] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE H, SECTION 1J 169-172. 

or Person holding an Office of Trust or Profit under 
the United States, shall be appointed an Elector. 

Questions of the qualifications of electors have arisen, and in one 
instance certain ones were found disqualified, but as their number was 
not sufficient to affect the result and as there was doubt as to what 
tribunal should pass on the question the votes were counted (III, 1941). 
In other cases there were objections, but the votes were counted (III, 
1972-1974, 1979). In one instance an elector found to be disqualified 
resigned both offices, whereupon he was made eligible to fill the vacancy 
thus caused among the electors (III, 1975). 

Decisions of the Supreme Court of the United States : 

Ex parte Siebold, 100 U. S., 371; in re Green, 134 
169. Decisions U. S., 377; McPherson v. Blacker, 146 U. S., 1; 

of the court. Burroughs and Cannon v. U. S., 290 U. S., 534; 

Hay v. Blair, 343 U. S., 214. 

170. Time of 3 The Congress may determine the 

choosing electors Time of chuskig the Electors, and the 

and time at which -p. , . 1 , in- it 

their votes are Day on which they shall give their 
giveru Votes; which Day shall be the same 

throughout the United States. 

The time for choosing electors has been fixed on "the Tuesday next 
after the first Monday in November, in every fourth year;" and the 
electors in each State "meet and give in their votes on the first Mon- 
day after the second Wednesday in December next following their 
appointment, at such place in each State as the legislature of such 
State shall direct" (III, 1914; VI, 438; 3 U. S. C. 1, 7). The statutes 
also provide for transmitting to the President of the Senate certifi- 
cates of the appointment of the electors and of their votes (III, 1915- 
1917; VI, 439; 3 U. S. C. 11). 

171. Decision Decision of the Supreme Court of the United States : 

of the court. In re Green, 134 U. S., 377. 

4 No Person except a natural born Citizen, or a 
172. Quairaca- Citizen of the United States, at the time 
if ^e unH?d dent of the Adoption of this Constitution, 
stati. m e shall be eligible to the Office of Presi- 

dent; neither shall any Person be eligible to that 
Office who shall not have attained to the Age of 

[57] 



CONSTITUTION OP THE UNITED STATES 
173-176. CABTICLE II, SECTION 1J 

thirty five Years; and been fourteen Years a Resident 
within the United States. 

Decision of the Supreme Court of the United 
States: 
173. Decision j Us v The Trustees of the Sailors' Snug Harbor, 

of the court. 3 Pet ., 99 . 

5 In Case of the Removal of the President from 
174. succession Office, or at his Death, Resignation, or 
d^rlSr^, Inability to discharge the Powers and 
or disability of Duties of the said Office, the same shall 
vic^-presi^nt. devolve on the Vice President, and the 
Congress may by Law provide for the Case of Re- 
moval, Death, Resignation or Inability, both of the 
President and Vice President, declaring what Officer 
shall then act as President, and such Officer shall act 
accordingly, until the Disability be removed, or a 
President shall be elected. 

Congress has by law provided for the performance of the duties of 
the President in case of removal, death, resignation or inability, both 
of the President and Vice President (3 U. S. C. 19). 

6 The President shall, at stated Times, receive for 
175. compensa- ^ s Services, a Compensation which 
tion of president. shall neither be encreased nor dimin- 
ished during the Period for which he shall have been 
elected, and he shall not receive within that Period 
any other Emolument from the United States, or any 
of them. 

7 Before he enter on the Execution of his Office, he 
we. oath of the shall take the following Oath or Affirma- 

tion: "I do solemnly swear (or affirm) 



[58] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE II, SECTIONS 1, 2] 177-180. 

that I will faithfully execute the Office of President of 
the United States, and will to the best of my Ability, 
preserve, protect and defend the Constitution of the 
United States/' 

The taking of this oath, which is termed the inauguration, is made the 
occasion of certain ceremonies which are arranged for by a joint com- 
mittee of the two Houses (III, 1998, 1999; VI, 451). The oath is taken 
at the east portico of the Capitol, although in earlier years it was taken 
in the Senate Chamber or Hall of the House (III, 1986-1995). On 
March 4, 1909, owing to inclemency of the weather, the President-elect 
took the oath and delivered his inaugural address in the Senate Cham- 
ber (VI, 447). And when Vice-President Fillmore succeeded to the 
vacancy in the office of President, Congress being in session, he took 
the oath in the Hall of the House in the presence of the Senate and 
House (III, 1997). In 1945 Franklin D. Roosevelt, 
177. Decision who had been elected for his fourth term as Presi- 

of the court. dent, took the oath of office on the south portico 

at the "White House. 

Decision of the Supreme Court of the United States: In re Neagle, 
135 U. S., 1. 

SECTION 2. l The President shall be Commander in 
178. The Chief of the Army and Navy of the 

d*fn United States, and of the Militia of the 
Chief * several States, when called into the 

actual Service of the United States; he may require 
the Opinion, in writing, of the principal 

179. Opinions of ^ . ; _ 7 . "T ^ 

the Presidents Officer in each of the executive Depart- 



ments, upon any Subject relating to the 
Duties of their respective Offices, and he shall have 

power to grant Reprieves and Pardons 
grants reprieves for Offences against the United States, 
and pardons. except in Cases of Impeachment. 



[59] 



CONSTITUTION OF THE UNITED STATES 
181-184. CARTICLB II, SECTION 2J 

Decisions of the Supreme Court of the United States: 
United States v. Wilson, 7 Pet., 150; Ex parte William Wells, 18 How., 
307; Ex parte Garland, 4 Wall., 333; Armstrong's 
Foundry, 6 Wall., 766; The Grape Shot, Wall., 129; 
United States v. Padelford, Wall., 542; United 
States v. Klein, 13 Wall., 128; Armstrong v. The United States, 13 Wall., 
154; Pargoud v. The United States, 13 Wall., 156; Hamilton v. Dillin, 
21 Wall., 73; Mechanics and Traders Bank v. Union Bank, 22 Wall., 
276; Lamar, ex., v. Browne et al., 92 U. S., 187; Wallach et al., v. Van 
Riswick, 92 U. S... 202; Burdick . U. S. 236 U. S., 79; Ex parte Gross- 
man, 267 U. S., 87; Biddle . Perovioh, 274 U. S. 480; Madsen v. 
Kinsella, 343 U. S., 341. 

2 He shall have Power, by and with the Advice and 
182. president Consent of the Senate, to make Trea- 
makes treaties. ties, provided two-thirds of the Sena- 
tors present concur; and he shall nominate, and by 
and with the Advice and Consent of the Senate, shall 
appoint Ambassadors, other public Ministers and 
iss Appointing Consuls, Judges of the supreme Court, 
power of the and all other Officers of the United 

resi en " States, whose appointments are not 

herein otherwise provided for, and which shall be 
established by Law; but the Congress may by Law 
vest the Appointment of such inferior Officers, as 
they think proper, in the President alone, in the 
Courts of Law, or in the Heads of Departments. 

The power of the President to appoint diplomatic representatives 
to foreign governments and to determine their rank is derived from 
the Constitution and may not be circumscribed by statutory enact- 
ments (VII, 1248). 

Decisions of the Supreme Court of the United States: 

Ware v. Hylton et al., 3 Ball., 199; Marbury v. Madison, 1 Cr. 137; 

184 Decisions United States v. Kirkpatrick, 9 Wh., 720; American 

of the court. Insurance Company v. Canter (356 bales cotton), 

1 Pet., 511 ; Foster and Elam v. Neilson, 2 Pet., 253; 

[60] 



CONSTITUTION OP THE UNITED STATES 

{ARTICLE n, SECTIONS 2, SI 18S-187. 

Cherokee Nation v. State of Georgia, 5 Pet., 1; Worcester v. State of 
Georgia, 6 Pet., 515; City of New Orleans v. De Armas et al., 9 Pet., 
224; Holden v. Joy, 17 Wall., 211; United States v. Germaine, 99 U. S., 
508; United States v. Corson, 114 U. S., 619; United States v. Perkins, 
116 U. S., 483; United States v. Rauscher, 119 U. S., 407; Mormon 
Church v. United States, 136 U. S., 1; Field v. Clark, 143 U. S., 649; 
Shoemaker v. United States, 147 U. S. 282; Parsons v. United States, 
167 U. S., 324; Rice v. Ames, 180 U. S., 371; Fourteen Diamond 
Rings v. United States, 183 U. S., 176; Dorr v. United States, 195 U. S., 
138; Kelly v. Griffin, 241 U. S., 6; Glucksman v. Henkel, 221 U. S., 
508; Lamar v. U. S., 240 U, S., 60, and 241 U. S., 103; Wallace v. 
U. S., 257 U. S., 541; Myers v. U. S., 272 U. S., 53; Humphrey's 
Executor v. U. S., 295 U. S., 602. 

3 The President shall have Power to fill up all 
iss President^ Vacancies that may happen during the 
power to fill Recess of the Senate, by granting Com- 

reS^oTthT ns missions which shall expire at the End 
Senate * of their next Session. 

Decisions of the Supreme Court of the United States: 
186. Decisions The United States v. Kirkpatrick et al., 9 Wh., 

of the court. 720; U. S. v. Harsha, 172 U. S., 572. 

SECTION 3. He shall from time to time give to 
the Congress Information of the State 

187. Messages 5 s . . 

from the of the U men, and recommend to their 

president. Consideration such Measures as he shall 

judge necessary and expedient; * * * 

In the early years of the Government the President made a speech to 
Congress on its assembling (V, 6629), but in 1801 President Jefferson 
discontinued this practice and transmitted a message "in writing". 
This precedent was followed until April 8, 1913, when the custom of 
addressing Congress in person was resumed by President Wilson and, 
with the exception of President Hoover (VIII, 3333) , has been followed 
generally by subsequent Presidents. Only messages of major impor- 
tance are delivered in person. A message in writing is usually com- 
municated to both Houses on the same day, but an original document 

[61] 



CONSTITUTION OF THE UNITEl} STATES 
| 188, 189. [ARTICLE II, SECTION 3 J 

accompanying can of course be sent to but one House (V, 6616, 6617). 
In early years confidential messages were often sent and considered in 
secret session of the House (V, 7251, 7252). 

When the President has indicated that he will address Congress 
in person a concurrent resolution is passed by both Houses arranging 
for a joint session to receive the message. At the appointed hour the 
Members of the Senate arrive and occupy the three front rows of 
the House. The presiding officer of the Senate sits at the right of the 
Speaker, who presides at the session. 

The ceremony of receiving a message in writing is simple (V, 6591), 
and may occur during consideration of a question 
188. Reception of priv ii ege (y, 6640-6642) or before the organiza- 
" tion of the House (V, 6647-6649) and in the absence 

of a quorum (V, 6650; VIII, 3339). But, with the 
exception of vetoes, messages are regularly laid before the House only 
at the time prescribed by the rule for the order of business ( V, 6635- 
6638) within the discretion of the Speaker (VIII, 3341). While a mes- 
sage of the President is always read in full the latest rulings have not 
permitted the reading of the accompanying documents to be demanded 
as a matter of right (V, 5267-5271; VII, 1108). A concurrent resolu- 
tion providing for a joint session to receive the President's message was 
held to be of the highest privilege (VIII, 3335). 

* * * he may, on extraordinary Occasions, con- 
189. power of vene both Houses, or either of them, 
president as to QJ^ i n Case of Disagreement between 

convening and 

adjourning them, with Respect to the Time of 

ngress. Adjournment, he may adjourn them to 

such Time as he shall think proper; * * * 

In certain exigencies the President may convene Congress at a place 
other than the seat of government (I, 2; 2 U. S. C. 27). Congress has 
frequently been convened by the President (I, 10, 11; Nov. 17, 1947, 
p. 10578; July 26, 1948, p. 9362), and in one instance, when Congress 
had provided by law for meeting, the President called it together on 
an earlier day (I, 12). The Congress having adjourned on July 27, 
1947, p. 10521, and on June 20, 1948, p. 9350, to a day certain, the 
President called it together on an earlier date than that to which it 
adjourned (Nov. 17, 1947, p. 10577, and July 26, 1948, p. 9362). 
There has been some discussion as to whether or not there is a dis- 

[62] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE II, SECTIONS 3, 4] 190-193. 

tinction between a session called by the President and other sessions 
of Congress (I, 12, footnote). 

* * * he shall receive Ambassadors and other 
wo. president public Ministers ; he shall take Care 
receive ambas- xhat the Laws be faithfully executed, 

sadors, executes the J > 

laws, and com- and shall Commission all the officers of 

missions officers. , - rT . ., _. 

The United States. 

Decisions of the Supreme Court of the United States: 
191 Decisions of Marbury v. Madison, 1 Or., 137; Kendall, Post- 

the court. master-General, v. The United States, 12 Pet., 524; 

Luther v. Borden, 7 How., 1; The State of Mississippi 
v. Johnson, President, 4 Wall., 475; Stewart v. Kahn, 11 Wall., 493; 
In re Neagle, 135 U. S., 1. 

SECTION 4. The President, Vice President, and all 
m. impeach- c i v ii Officers of the United States, shall 

ment of civil rr* 

officers. be removed from Office on Impeach- 

ment for, and Conviction of, Treason, Bribery, or 
other high Crimes and Misdemeanors. 

In the Blount trial the managers contended that all citizens of the 

United States were liable to impeachment, but this 

193. AS to the contention was not admitted (III, 2315), and in the 

officers who may _ __ , . , , ,, , , . 

be impeached. Belknap trial both managers and counsel for re- 

spondent agreed that a private citizen, apart from 
offense in an office, might not be impeached (III, 2007). But resigna- 
tion of the office does not prevent impeachment for crime or mis- 
demeanor therein (III, 2007, 2317, 2444, 2445, 2459, 2509). In Biount's 
case it was decided that a Senator was not a civil officer within the 
meaning of the impeachment provisions of the Constitution (III, 
2310, 2316). Questions have also arisen as to whether or not the 
Congressional Printer (III, 1785), or a vice-consul-general (III, 2515), 
might be impeached. Proceedings for the impeachment of territorial 
judges have been taken in several instances (III, 2486, 2487, 2488), 
although various opinions have been given that such an officer is not 
impeachable (III, 2022, 2486, 2493). A committee of the House by 
majority vote held a Commissioner of the District of Columbia not to 



[63] 



CONSTITUTION OF THE UXITKD STATES 
194 . ^ARTICLE II, SECTION 41 

be a civil officer subject to impeachment under the Constitution (VI, 
548). 

As to what are impeachable offenses there has been much discussion 
(III, 2008, 2019, 2020, 2350-2362, 2370-2381, 2405, 
194. Nature of 2 406, 2410, 2498; VI, -455). For a time the theory 
leases* 516 tliat mc * ictable offenses only were impeachable was 

stoutly maintained and as stoutly denied (III, 
2356, 2360-2362, 2379-2381, 2405, 2406, 2410, 241C); but on the tenth 
and eleventh articles of the impeachment of the President the House 
concluded to impeach for other than indictable offenses (III, 2418), 
and in the Swayne trial the theory was definitely abandoned (III, 2019). 
While there has not been definite concurrence in the claim of the man- 
agers in the trial of the President that an impeachable offense is any 
misbehavior that shows disqualification to hold and exercise the office, 
whether moral, intellectual, or physical (III, 2015), yet the House 
has impeached judges for improper personal habits (III, 2328, 2505), 
and in the impeachment of the President one of the articles charged 
him with "intemperate, inflammatory, and scandalous harangues" in 
public addresses, tending to the harm of the Government (III, 2420). 
There was no conviction under these charges except in the single case 
of Judge Pickering, who was charged with intoxication on the bench 
(III, 2328, 2341). As to the impeachment of judges for other delin- 
quencies, there has been much contention as to whether they may be 
impeached for any breach of good behavior (III, 2011, 201(5, 2497), 
or only for judicial misconduct occurring in the actual administration 
of justice in connection with the court (III, 2010, 2013, 2017). The 
intent of the judge (III, 2014, 2382) as related to mistakes of the law, 
and the relations of intent to conviction have been discussed at length 
(III, 2014, 2381, 2382, 2518, 2519). The statutes make nonresidence 
of a judge an impeachable offense, and the House has taken steps to 
impeach for this cause (III, 2476, 2512). There has, however, been 
some question as to the power of Congress to make an impeachable 
offense (III, 2014, 2015, 2021, 2512). Usurpation of power has been 
examined several times in its relations as a cause for impeachment 
(III, 2404, 2508, 2509, 2516, 2517). There has also been discussion as 
to whether or not there is distinction between a misdemeanor and a 
high misdemeanor (III, 2270, 2367, 2492). Review of impeachments 
in Congress showing the nature of charges upon which impeachments 
have been brought and judgments of the Senate thereon (VI, 466). 



[64:] 



CONSTITUTION OF THE UNITED STATES 

195-197. 

>ecisionsof Decisions of the Supreme Court of the United 

*t. States: 

igford v. United States, 101 U. S., 341; Shurtleff v. U. S., 189 
311. 

ARTICLE III. 

SCTION 1. The judicial Power of the United 
States shall be vested in one supreme 
Court, & u & *& suc ^ inferior Courts as 
the Congress may from time to time 
ordain and establish The Judges, both 
he supreme and inferior Courts, shall hold their 
3es during good Behaviour, and shall ; at stated 
ies, receive for their Services, a Compensation, 
sh shall not be diminished during their Con- 
Lance in Office. 

icisions of the Supreme Court of the United States: 

Chisholm, ex., v. Georgia, 2 Ball., 419; Stuart v. 

Decisions of j^.^ 1 Cp ^ ^ gg , United g tates Vt PeterSj 5 Cr ^ 115; 

Cohens v. Virginia, 6 Cr., 264; Martin v. Hunter's 
>e, 1 Wh., 304; Osborn v. United States Bank, 9 Wh., 738; Benner 
. v. Porter, 9 How., 235; The United States v. Ritchie, 17 How., 

Murray's Lessee et al. v. Hoboken Land and Improvement Com- 
-, 18 How., 272; Ex parte Vallandigham, 1 Wall., 243; Pennoyer 
eff, 95 U. S., 714; United States v. Union Pacific Railroad Co., 
\ S., 569; Mitchell v. Clark, 110 U, S., 633; Ames v. Kansas, 111 
., 449; In re Loney, 134 U, S., 372; In re Green, 134 U. S., 377; 
blister v. United States, 141 U. S., 174; Robertson v. Baldwin, 165 
}., 275; Turner v. Williams, 194 U. S., 279; Ex parte Wisner, 203 
>., 449; Interstate Commerce Commission v. Illinois Cent. R. Co., 
CJ. S., 452; Muskrat v. U. S., 219 U. S., 346; U. S. v. Evans, 213 U. S., 

Johannessen v. U. S., 225 IT. S., 227; Oceanic Steam Nav. Co. v, 
anahan, 214 U. S., 320; Myers v. United States, 272 U. S., 53; 
nger v. Philippine Islands, 277 U. S., 189; Ex parte Bakelite Corp., 
U. S., 438; O'Donoghue v. U. S., 289 U. S., 516; Williams v. U. S., 
U. S., 553; O'MaJley v. Woodrough, 307 U. S., 277. 

[65] 



CONSTITUTION OF THE UNITED 
& 198, 199. [ARTICLE III, SECTION 21 

SECTION 2. 1 The judicial Power shall extend to 
im. Extent of the all Cases, in Law and Equity, arising 
judicial power. under this Constitution, the Laws of 
the United States, and Treaties made, or which shall 
be made, under their Authority l ; to all cases affect- 
ing Ambassadors, other public Ministers and Con- 
suls 2 ; to all Cases of admiralty and maritime Juris- 
diction 3 ; to Controversies to which the United States 
shall be a Party 4 ; to Controversies between two or 
more States 5 ; between a State and Citizens of 
another State 6 ; between Citizens of different States 7 ; 
between Citizens of the same State claiming lands 
under Grants of different States 8 , and between a 
State, or the Citizens thereof, and foreign States, 
Citizens or Subjects 9 . 

Decisions of the Supreme Court of the United States: 

6 Missouri v. Illinois, 180 U. S., 208; Eastern Build- 
in & Association v. Welling, 181 U. S., 47; Dooley v. 
United States, 182 U. S., 222; Tullock v. Mulvane, 

184 U. S., 497; Patton v. Brady, 184 U. S., 608; 'Kansas v. Colorado, 

185 U. S., 125; J Swafford v. Templeton, 185 U. S., 487; * Mobile Trans- 
portation Co. v. Mobile, 187 U. S., 479; x Andrews v. Andrews, 188 
U. S., 14; looker v. Los Angeles, 188 U. S., 314; 'Cummings v. Chi- 
cago, 188 U. S., 410; l Sohaefer v. Werling, 188 U. S., 516; 3 The Roa- 
noke, 189 U. S., 185; 'Detroit, &c., Ry. v. Osborn, 189 U. S., 383; 
3 Patterson v. Bark Eudora, 190 U. S., 169; 'Howard v. Fleming, 191 
U. S., 126; ', 7 Arbuckle v. Blackburn, 191 U. S., 405; 'Deposit Bank v. 
Frankfort, 191 U. S., 499; *, 7 Spencer v. Duplan Silk Co., 191 U. S., 526; 
'Wabash R. R. Co. v. Pearce, 192 U. S., 179; Rogers v. Alabama, 192 
U. S., 226; fi South Dakota v. North Carolina, 192 U. S. 286; 'Bankers' 
Casualty Co. v. Minn., St. P., &c., Ry., 192 U. S., 371; 'Spreckels 
Sugar Refining Co. v. McClain, 192 U. S., 397; 'Minnesota . Northern 
Securities Co., 194 U. S., 48; Pacific Electric Ry. Co. v. Los Angeles, 194 
U. S., 112; 'Hooker v. Burr, 194 U. S., 415; 'Cleveland v. Cleveland City 
Ry. Co., 194 U. S., 517; 'Traction Company v. Mining Co., 196 U. S., 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE m, SECTION 23 200,201. 

239; 7 Dawson v. Columbia Trust Co. 197 U. S., 178; ^acobson v. Mas- 
sachusetts, 197 U. S., 11; Leonard v. Vicksburg, &c., R. R. Co., 198 
U. S., 416; 7 Farrell v. O'Brien, 199 U. S., 89; ^South Carolina v. United 
States, 199 U. S., 437; 'Carfer v. Caldwell, 200 U. S., 293; 'Security 
Mutual Life Ins. Co. v. Prewitt, 202 U. S., 246; 5 Kansas v. United 
States, 204 U. S., 331; 3 The Winnebago, 205 U. S., 354; !Lee v. New 
Jersey, 207 U. S., 67; St. Louis & Iron Mountain Railway v. Taylor, 210 
U. S., 281; 'Berea College v. Kentucky, 211 U. S., 45; 'North American 
Cold Storage Co. v. Chicago, 211 U. S., 306; Waters-Pierce Oil Co. v. 
Texas, 212 U. S., 112; Willcox v. Consolidated Gas Co., 212 U. S., 19; 
American Express Co. v. Mullins, 212 U. S., 311; Bonner v. Gorman, 
212 U. S., 86; iAtchison, Topeka & Santa Fe Ry. v. Sowers, 213 U. S., 
55; ^dams Express Co. v. Kentucky, 214 U. S., 218; Oceanic Steam 
Navigation Co. v. Stranahan, 214 U. S., 320; Goodrich v. Ferris, 214 
U. S., 71; Smithsonian Institution v. St. John, 214 U. S., 19; 1 Western 
Union Telegraph Co. v. Chiles, 214 U. S., 274; *E1 Paso & Northeastern 
Ry. Co. v. Gutierrez, 215 U. S., 87; JWeems v. United States, 217 U. S., 
349; Virginia v. West Virginia, 246 U. S., 565; Hamilton v. Kentucky 
Distilleries Co., 251 U. S., 146; ^utun v. United States, 270 U. S., 568; 
Postum Cereal Co. v. Calif. Fig Nut Co., 272 U. S., 693; Liberty Ware- 
house Co. v. Grannis, 273 U. S., 70; 8 London Co. v. Industrial Com., 
279 U. S., 109; Ex parte Bakelite Corp., 279 U. S., 438; National Mutual 
Ins. v. Tidewater, 337 U. S., 582. 

2 In all Cases affecting Ambassadors, other public 
200. original and Ministers and Consuls, and those in 
SE^T 1 * 1 *" which a State shall be a Party, the 
supreme court supreme Court shall have original 
Jurisdiction. In all the other Cases before men- 
tioned, the supreme Court shall have appellate Juris- 
diction, both as to Law and Fact, with such Excep- 
tions, and under such Regulations as the Congress 
shall make. 

Decisions of the Supreme Court of the United States: 

Chisholm, ex., v. Georgia, 2 Dall., 419; Wiscart 

et aL v ' D ' Auch y> 3 DalL > 321 > Marbury v. Madison, 
1 Cr., 137; Durousseau et al. v. United States, 6 Or., 
307; Martin v. Hunter's Lessee, 1 Wh., 304; Cohens v. Virginia, 6 Wh., 

[67] 



CONSTITUTION OP THE UNITED STATES 
202,203. [ARTICLE HI, SECTION 21 

264; Ex parte Kearney, 7 Wh., 38; Way man v. Southard, 10 Wh,, 1; 
Bank of the United States v. Halstead, 10 Wh,, 51; United States t>. 
Ortega, 11 Wh., 467; The Cherokee Nation t>. The State of Georgia, 
5 Pet., 1 ; Ex parte Crane et aL, 5 Pet., 190; The State of l\ T ew Jersey t>. 
The State of New York, 5 Pet., 284; Ex parte Sibbald v. United States, 
12 Pet., 488; The State of Rhode Island v. The State of Massachusetts, 
12 Pet., 657; State of Pennsylvania v. The Wheeling, <fec., Bridge Com- 
pany, 13 How., 518; In re Kaine, 14 How., 103; Abieman v. Booth and 
United States v. Booth, 21 Ho\v., 506; Frecborn v. Smith, 2 Wall,, 160; 
Ex parte McCardle, 6 Wall., 318; Ex parte McCardlo, 7 Wall., 506; Ex 
parte Yerger, 8 Wall., 85; The Lucy, 8 Wail., 307; The Justices v. Mur- 
ray, 9 Wall., 274; Pennsylvania v. Quicksilver Company, 10 Wall., 553; 
Murdockt?. City of Memphis, 20 Wall, 590; The "Francis Wright," 105 
U. S., 381; B6rs v. Preston, 111 U. S., 252; Ames r. Kansas, 111 U. S., 
449; Craig v. Leitensdorfer, 127 U. S., 764; Wisconsin v. Pelican Ins. Co., 
127 U. S., 265; United States v. Texas, 143 U. S., 021; Louisiana v. 
Texas, 176 U. S., 1; Wilkes County v. Color, 180 U. S., 506; W. W. 
Cargill Co. v. Minnesota, 180 U. S., 452; Mallctt v. North Carolina, 181 
U. S., 589; United States v. Bitty, 208 U. S., 393; Oklahoma v. Gulf, etc., 
R. Co., 220 U. S., 290; Virginia v. West Virginia, 220 U. S., 1 ; Dunne v. 
New Jersey, 251 U. S., 311; Popovici v. Aglo.r, 280 U. S., 379. 

3 The Trial of all Crimes, except in Cases of 
202 Places of Impeachment, shall be by Jury; and 
trial of crimes such Trial shall be held in the State 
yjury * where the said Crimes shall have been 

committed; but when not committed within any 
State, the Trial shall be at such Place or Places as 
the Congress may by Law have directed. 

Decisions of the Supreme Court of the United States: 

Ex parte Milligan, 4 Wall., 2; Barton v. Harbour, 

f 104 U - S -' 126; Ex P arte WalL > 107 U ' S '' 265 Callan 
v. Wilson, 127 U. S., 540; Nashville, Chattanooga, 

etc., Railway v. Alabama, 128 U. S., 96; EHenbecker v. Plymouth 
County, 134 U. S., 31; Jones v. United States, 137 U. S., 202; Cook v. 
United States, 138 U. S., 157; In re Ross, 140 U. S., 453; Fong Yue Ting 
v. United States, 149 U. S., 698; In re Debs, petitioner, 158 U. S., 564; 
Thompsons Utah, 170 U. S., 343; Schick v. United States, 195 U. S., 65; 

[68] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE HI, SECTIONS 2, 3] 204-208. 

IT v. United States, 195 U. S., 138; Marvin t>. Trout, 199 U. S., 212; 
irtin v. Texas, 200 U. S., 316; Tinsley v. Treat, 205 U. S., 20; Armour 
eking Co. v. United States, 209 U. S., 56; Haas v. Henkel, 216 U. S., 
2; Patton v. United States, 281 U. S., 276; Toth v. Quarles, 350 U. S., 

SECTION. 3. l Treason against the United States, 
shall consist only in levying War 

14, Treason ^ / o 

hist the united against them, or in adhering to their 
Enemies, giving them Aid and Com- 
rt. No Person shall be convicted of Treason un- 
ss on the Testimony of two Witnesses to the same 
rert Act, or on Confession in open court. 

Decisions of the Supreme Court of the United States: 

United States v. The Insurgents, 2 Ball., 335; 
Of United States v. Mitchell, 2 Ball., 348; Ex parte 
Bollman and Swartwout, 4 Cr., 75; United States v. 
iron Burr, 4 Cr., 470. 

2 The Congress shall have Power to declare the 
:o6. punishment Punishment of Treason, but no At- 
P treason. tainder of Treason shall work Corrup- 

.on of Blood, or Forfeiture except during the Life of 
ae person Attainted. 

Decisions of the Supreme Court of the United States: 

Bigelow v. Forest, 9 Wall., 339; Day t;. Micou, 18 
207. Decisions of WftU ^ 166; Ex parte Lang6j 18 WalL> 163; 



ie C01lrt ' et al. v. Van Riswick, 92 U. S., 202. 

ARTICLE IV. 

SECTION 1. Full Faith and Credit shall be given 
208. Each state in each State to the Public Acts, Rec- 
c^ecordl!!., rds, an <l judicial Proceedings of every 
f other states. other State. And the Congress may 
)y general Laws prescribe the Manner in which such 

(2581 H. Doc. 459, 86-2 - 6 [69] 



CONSTITUTION OF THE UNITED 
209. IART1CLE XV, SECTION X J 

Acts, Records and Proceedings shall be proved, and 
the Effect thereof. 

Decisions of the Supreme Court of the I'nitrii States: 

Mills v. Duryee, 7 Cr., 481 ; I lamptont;. McConneL 
3 Wh., 2 ^; Mayhew t. Thatcher, 6 Wh, 129; 
Darby's Lessee . Mayer, 10 Wh., 465; The United 
States v. Amedy, 11 Wh., 392; Cl&lclwull ct al. t>. Carrington's heirs, 
9 Pet., 86; M'Elmoyle v. Cohen, 13 Pet., 312; The Bank of Augusta v. 
Earle, 13 Pet., 519; Bank of the State of Alabama v. Dalton, 9 How., 
522; D'Arcy v. Ketchum, 11 How., 165; Christmas v. Russell, 5 Wall, 
290; Green v. Van Buskirk, 7 Wall, 139; Paul v. Virginia, 8 Wall., 168; 
Board oi Public Works v. Columbia College, 17 Wall., 521; Thompson 
v. Whitman, 18 Wall., 457; Pcnnoyerw. Nobb, 05 T r . S. 714; Bonaparte 
v. Tax Court, 104 U. S. 592; Robertson v. IMckreli, 109 U. S., 608; 
Hanley v. Donoghue, 116 U. S., 1; Remind v. Abbott, 116 U. S., 277; 
Chicago & Alton R. R. v. Wiggins Ferry Co., 119 U. S., 615; Borer v. 
Chapman, 119 U. S., 587; Cole v. Cunningham, 133 IT. S., 107; Blount 
v. Walker, 134 U. S., 607; Simmons v. Saul, 138 U. S., 439; Reynolds v. 
Stockton, 140 U. S., 254; Carpenter v. Strung^ 141 U. S., 87; Hunt- 
ington v. Attrill, 146 U. S., 657; Glenn v. Garth, M7 U. S., 360; Laing 
v. Rigney, 160 U. S., 531; Chicago, Rock Island & Pacific Railway Co. 
v. Sturm, 174 U. S., 710; Thormann v. Frame, 176 U. S., 350; Hancock 
National Bank v. Farnum^ 176 U. S., 040; Clarke v. Clarke et al., 178 
U. S., 186; Wilkes County v. Color, 180 U. S. f 506; W. W. Cargill Co. 
v. Minnesota, 180 U. S., 452; Johnson v. New York Life Ins. Co., 187 
U. S., 491; Andrews v. Andrews, 188 U. S., 14; Blaekstone v. Miller, 
188 U. S., 189; Finney v. Guy, 189 U. S., 335; Anglo-American Pro- 
vision Co. v. Davis Provision Co., 191 U. S*, 373; Wabash R. R. Co. v. 
Flannigan, 192 U. S., 29; German Savings Society v. Dormitzer, 192 
U. S., 125; Wedding v. Meyler, 192 IT. S., 573; National Mutual Build- 
ing and Loan Ass. v. Brahan, 193 U. S., 635; Minnesota v. Northern 
Securities Co., 194 U. S., 48; National Exchange Bank v. Wiley, 195 
U. S., 257; Jaster v. Currie, 198 U. S., 144; Harding v. Harding, 198 
U. S., 317; Harris v. Balk, 198 U. S., 215; Louisville & Nashville R. R. 
v. Deer, 200 U. S., 176; Haddock v. Haddock, 201 U. S., 562; Northern 
Assurance Co. v. Grand View Building Association, 203 U. S., 106; Wet- 
more v. Karrick, 205 U. S., 141; Old Wayne Life Association v. 
McDonough, 204 U. S., 8; Tilt v. Kelsey, 207 U. S., 43; Brown v. 
Fletcher's Estate, 210 U. S., 82; Fauntleroy v. Lum, 210 U. S., 230; 

[70] 



CONSTITUTION OP THE UNITED STATES 

[ARTICLE IV, SECTIONS 1, 2] 210,211. 

Atchison, Topeka & Santa Fe Ry. Co. v. Sowers, 213 U. S., 55; Everett 
v. Everett, 215 U. S., 203; Fall v. Eastin, 215 U. S., 1; Olmsted v. Olm- 
sted, 216 U. S., 386; Tennessee Coal, etc., Co. v, George, 233 U. S., 
354; Supreme Council of Royal Arcanum v. Green, 237 TJ. S., 531; 
Aetna Life Ins. Co. v. Tremblay, 223 TJ. S. 185; West Side Belt Co. 
v. Pittsburgh Constr. Co., 219 TJ. S., 92; Michigan Trust Co. v. Ferry, 
228 TJ. S., 346; Thompson v. Thompson, 226 TJ. S., 551; Wells, Fargo 
& Co. v. Ford, 238 U. S., 503; Hood v. McGehee, 237 TJ. S., 611; 
Burbank v. Ernst, 232 U. S., 162; Sistare t>. Sistare, 218 U. S., 11; 
Converse v. Hamilton, 224 TJ. S., 243; Bigelow v. Old Dominion Copper 
Min., etc., Co., 225 TJ. S., Ill; Hartford L. Ins. Co. v. Ibs, 237 
U. S., 662; Swift v. McPherson, 232 TJ. S., 51; Bates v. Bodie, 245 
U. S., 520; Hartford L. Ins. Co. v. Barber, 245 TJ. S., 146; Roche v. 
McDonald, 275 TJ. S., 449; Bradford Elec. Co. v. Clapper, 286 U. S., 
145; Williams v. N. C., 317 TJ. S., 287 and 325 U. S., 226. 

SECTION 2. 1 The Citizens of each 

210. PrivUeges 

and immunities State shall be entitled to all Privileges 
and Immunities of Citizens in the 
several States. 

Decisions of the Supreme Court of the United States: 

Bank of United States v. Devereux, 5 Cr., 61; 
Gassies V- Ballon, 6 Pet., 761; The State of Rhode 
Island v. The Commonwealth of Massachusetts, 12 
Pet., 657; The Bank of Augusta v. Earle, 13 Pet., 519; Moore v. The 
People of The State of Illinois, 14 How., 13; Conner et al v. Elliott et al., 
18 How., 591; Dred Scott v. Sanford, 19 How., 393; Crandall v. State 
of Nevada, 6 Wall., 35; Woodruff v. Parkam, 8 Wall., 123; Paul v. 
Virginia, 8 Wall., 168; Downham v. Alexandria Council, 10 Wall., 173; 
Liverpool Insurance Company v. Massachusetts, 10 Wall., 566; Ward 
v. Maryland, 12 Wall., 418; Slaughterhouse Cases, 16 Wall., 36; Brad- 
well v. The State, 16 Wall., 130; Chemung Bank v. Lowery, 93 U. S., 72; 
McCready v. Virginia, 94 U. S., 391; Philadelphia Fire Association v. 
New York, 119 U. S., 110; Pembina Mining Co. v. Pennsylvania, 125 
U. S., 181; Kimmish v. Ball, 129 U. S., 217; Cole v. Cunningham, 133 
U. S., 107; Manchester v. Massachusetts, 139 U. S., 240; Pittsburg & 
Southern Coal Co. v. Bates, 156 U. S., 577; Vance v. W. A. Vandercook, 
No. 1, 170 U. S., 438; Blake v. McClung, 172 U. S., 239; Williams v. 
Fears, 179 U. S., 270; Travellers Insurance Co. v. Connecticut, 185 
U. S., 364; Chadwick v. Kelley, 187 U. S., 540; Diamond Glue Co. v. 

[71] 



CONSTITUTION OF THK UNITED STATES 
222-214. {ARTICLE IV, SECTION 2} 

U. S. Glue Co., 187 U. S., 611; Biackatone r. Millor, 188 U. S., 1 
Anglo American Provision Co. i\ Davis Provision Co., 191 U. S. t 3 
Chambers v. Baltimore ami Ohio Railroad Co., 207 U, S., 142; Hud 
Water Co. v. McCarter, 200 17. 8., 340; Armour & Co. y. Virginia, : 
U. S., 1. 

2 A person charged in any State with Treasc 
Felony, or other Crime, who shall fl 

212. Extradition * ' . 

ror treason, felony from Justice, and be louncl in anotb 

or other crime. (>f t 



Authority of the State from which he fled, be d 
livered up, to be removed to the State having Jur: 
diction of the Crime. 

Decisions of the Supreme Court of the United States: 

Holmes v. Jcnuison et ah, 14 Pet., 540; Commc 
213. Decisions of wea ith of Kentucky v. DenniHon, governor, 24 HOT 

e *"" 66 ; Taylor v. Taint or, 10 Wall., 3i>0; Lx parte Regg 

114 U. S., 642; Mahon v. Justice, 127 U. S,, 700; Lnscollcs v. Oeorg: 
148 U. S., 537; Munsey v. Clough, 190 U. S., 364; Appleyard v. Mass 
chusetts, 203 TJ. S., 222; Pettibone v. Nichols, 203 U. a, 102; MoNichc 
v. Pease, 207 U. S., 100; Bossing v. Caely, 208 U. 8., 38G; Pierce 
Creecy, 210 U. S., 387; Marbles v. Creecy, 215 U. S., C>3; Inncs v. Tobi 
240 U. S., 127; Drew v. Thas, 235 U. S.*, 432; Strassheim v. Daily, 2: 
U. S., 280; Biddinger . Commissioner of Police, 245 U. S., 128; Burt< 
v. N. Y. Cent. R. R., 245 U. S., 315. 

3 No Person held to Service or Labour in one Stat 
214. Persona held under the Laws thereof, escaping inl 
to service or labor. ano ther ; shall in Consequence of an 
Law or Regulation therein, be discharged from sue 
Service or Labour, but shall be delivered up o 
Claim of the Party to whom such Service or Laboi] 
may be due. 



[72] 



CONSTITUTION OF THE UNITED STATES 

[AJBTICLE IV, SECTIONS 2, 3] 216-218. 

Decisions of the Supreme Court of the United States: 

P ri gg v - The Commonwealth of Pennsylvania, 16 
Pet - 539 J Jones Van Zandt, 5 How., 215; Strader 
et al. v. Graham, 10 How., 82; Moore v. The People 
of the State of Illinois, 14 How., 13; Dred Scott v. Sandford, 19 How., 
393; Ableman v. Booth and United States v. Booth, 21 How., 506. 

SECTION 3. l New States may be admitted by the 
Congress into this Union: but no new 

216. Admission ; 

and formation of State shall be formed or erected within 
tates. ^ e Jurisdiction of any other State; nor 

any State be formed by the Junction of two or 
more States, or Parts of States, without the consent 
of the Legislatures of the States concerned as well as 
of the Congress. 

Decisions of the Supreme Court of the United States: 

D * f American Insurance Company et al. v. Canter (356 
the court? 1810118 bales cotton) , 1 Pet., 511; Pollard's Lessee v. Hagan, 



3 How., 212; Cross et al. v. Harrison, 16 How., 164; 
Ward v. Race Horse, 163 U. S., 504; Bolln v. Nebraska, 176 U. S., 83; 
Louisiana v. Mississippi, 202 U. S., 1; Coyle v. Smith, 221 U. S., 559; 
U. S. v. Sandoval, 231 U. S., 28; McCabe v. Atchison, etc., R. Co., 
235 U. S., 151; John v. Paullin, 231 U. S., 583. 

2 The Congress shall have Power to dispose of and 
218. Power of make all needful Rules and Regulations 
to^nd s o^r terrs " respecting the Territory or other Prop- 
nationai property. er ty belonging to the United States ; and 
nothing in this Constitution shall be so construed as 
to Prejudice any Claims of the United States, or of 
any particular States. 



[73] 



CONSTITUTION OF THE UNITED STATICS 
219,220. [ARTICLE IV, SECTIONS 3, 43 

Decisions of the Supreme Court of the United States: 

McCulloch v. State of Maryland, 4 Wh., 316; 
219. Decisions of Americftn insurance Company v. Canter, 1 Pet, 51l' ; 
ec ur " United States v. Gratiot et ah, 14 Pet., 526; United 

States 9. Rogers, 4 How., 507; Cross et al. v. Harrison, 16 How., 164; 
Muckey et al. v. Coxe, 18 How., 100; Dred Scott v. Sandford, 19 How., 
393; Gibson v. Choutcau, 13 Wall., 92; Clinton . Knglebrocht, 13 Wall, 
434; Beall v. New Mexico, 10 Wall., 535; National Bank v. Yankton 
County, 101 U. S., 129; United States v. Waddell, 112 U. S., 76; Van 
Brocklin v. State of Tennessee, 117 U. S. 151; Clayton v. Utah Terri- 
tory, 132 U. S., 632; Wisconsin Central Railroad Co. v. Price, 133 II. S., 
496; Geofroy v. Riggs, 133 U. S., 258; Mormon Church v. United States^ 
136 U. S., 1; Jones v. United States, 137 U. S., 202; St. Paul, Minne- 
apolis, etc., Railway Co. v. Phelps, 137 U. S. f 528; Talton v. Mayes, 
163 U. S., 376; American Publishing Co, v. Fisher, 166 U. S., 464; 
Camfield v. United States, 167 U. S., 518; Thompson v. Utah, 170 
U. S. 343; Green Bay & Mississippi Canal Co. v. Patten Paper Co., 173 
U. S., 179; Neely v. Henkel (No. 1), 180 U. S., 109; De Lima v. Bidwell, 
182 U. S., 1; Dooley ?>. United States, 182 U. S., 222; Downes v. Bidwell, 
182 U. S., 244; Fourteen Diamond Rings v. United States, 183 U. S., 
176; Hawaii v. Mankichi, 190 U. S., 197; Binns v. United States, 194 
U. S., 486; Dorr v. United States, 195 U. S., 138; Rassmussen v. United 
States, 197 U. S., 516; United States v. Heinsgen, 206 U. S., 370; Graf- 
ton v. United States, 206 U. S., 333; Ponce v. Roman Catholic Church, 
210 U. S., 296; Atchison, Topeka & Santa Fe lly. Co. v. Sowers, 213 
U. S. 55; El Paso & Northeastern Ry. Co. v. Gutierrez, 215 U. S., 87; 
Weems v. United States, 217 U. S., 349; Light v. U. S., 220 U. S., 523. 
Oregon, etc., R. Co. v. U. S., 243 U. S., 549; Utah Power, etc., Co. v. 
U. S. 243 U. S., 389; U. S. v. Midwest Oil Co., 236 U. S., 459; Inter- 
state Commerce Com. v. U. S., 224 U. S., 474; Public Utility Commrs. 
v. Ynchausti & Co:, 251 U. S. 401; Springer v. Philippine Islands, 277 
U. S. 189; Hunt v. United States, 278 U. S., 96; Sinclair v. United 
States, 279 U. S., 263; Ashwander v. Valley Authority, 297 U. S., 288. 

SECTION 4. The United States shall guarantee to 
220. Republican every State in this Union a Republican 
Form of Government, and shall protect 



domestic violence eac ] a o f them against Invasion; and on 

guaranteed to the ^ ? 

states. Application of the Legislature, or of the 

[74] 



CONSTITUTION OF THE UNITED STATES 

221, 222. 

Executive (when the Legislature cannot be con- 
vened) against domestic violence. 

Decisions of the Supreme Court of the United States: 
221 Decisions of Luther v. Borden, 7 How., 1; Texas v. White, 7 

the court. Wall., 700; In re Duncan, 139 II S., 449 ; Taylor et al. 

v. Beckham (No. 1), 178 U. S., 548; South Carolina v. 
United States, 199 U. S., 437; O'Neill v. Learner, 239 U. S., 244; Houck 
v. Little River Drainage Dist., 239 U. S., 254; Michigan Cent. R. Co. v. 
Powers, 201 U. S., 245; Pacific States Tel. Co. v. Oregon, 223 U. S., 
118; Ohio v. Hildebrant, 241 U. S., 565. 

ARTICLE V. 

The Congress, whenever two thirds of both Houses 
shall deem it necessary, shall propose 
l^crslTon, Amendments to this Constitution, or, 
on the Application of the Legislatures 
of two thirds of the several States, shall call a Con- 
vention for proposing Amendments, which, in either 
Case, shall be valid to all Intents and Purposes, as 
Part of this Constitution, when ratified by the Legis- 
latures of three fourths of the several States, or by 
Conventions in three fourths thereof, as the one or the 
other Mode of Ratification may be proposed by the 
Congress; Provided that no Amendment which may 
be made prior to the Year One thousand eight 
hundred and eight shall in any Manner affect the 
first and fourth Clauses in the Ninth Section of the 
first Article; and that no State, without its Consent, 
shall be deprived of its equal Suffrage in the Senate. 



[75] 



CONSTITUTION OP THE UNITED STATES 
58223-225. t ARTICLES V, VIJ 

Amendments to the Constitution are proposed in the form of joint 
223. Form of and resolutions, which have their several readings and are 
action on amend- enrolled and signed by the presiding officers of the 
ments to the two Houses ( V, 7020, footnote) , but are not presented 

Constitution. to the p^g^ent for his approval (V, 7040). They 

are filed with the Administrator of General Services by the Committee 
on House Administration (1 U. S. C. 106b). The two houses havi 
requested the President to transmit to thi> States forthwith certaii 
proposed amendments (V, 7041, 7043), but a concurrent resolution 
to this end is without privilege (VIII, 3508). The President ma; 
notify Congress by message of the promulgation of the ratification of ; 
constitutional amendment (V, 7044). Question has arisen as to th 
power of a State to recall its assent to a constitutional amendmen 
(V. 7042). 

The vote required on a joint resolution proposing an amendment t< 
224. The two- ^ e Constitution is two-thirds of those voting, ! 

thirds vote on quorum being present, and not two-thirds of the en 

proposed tire membership (V, 7027, 7028; VIII, 3503). Th 

amendments. requirement of the two-thirds vote applies to th 

vote on the final passage and not to amendments (V, 7031, 7032 
VIII, 3504), or prior stages (V, 7029, 7030), but is required where th 
House votes on agreeing to Senate amendments (V, 7033, 7034; VIII 
3505), or on agreeing to a conference report (V, 7036). One Hous 
having, by a two-thirds vote, passed in amended form a propose 
constitutional amendment from the other House, and then havin 
by a majority vote receded from its amendment, the constitutions 
amendment was held not to be passed (V, 7035) . 

The yeas and nays are not required to pass a joint resolution propoi 
ing to amend the Constitution (V, 7038-7039; VIII, 3500). 

Decisions of the Supreme Court of the United States: Barry v. U. 
ex. rel. Cunningham, 279 U. S., 597; Coleman v. Miller, 307 U. S. 433. 

ARTICLE VI. 

X A11 Debts contracted and Engagements entere 

225. validity of " lto ' kef ore the Adoption of this Coi 
debts and stitution, shall be as valid against tl 

engagements. TT 

United States under this Constitutioi 
as under the Confederation. 



[re] 



CONSTITUTION OF THE UNITED STATES 

CABTICLE VI] 226,227. 

2 This Constitution, and the Laws of the United 
States which shall be made in Pursu- 

226. constitution, ance thereof ; and all Treaties made, or 
which sha11 be made, under the Author- 
fry of the United States, shall be the 
supreme Law of the Land; and the 

Judges in every State shall be bound thereby, any 

Thing in the Constitution or Laws of any State to 

the Contrary notwithstanding. 

Decisions of the Supreme Court of the United States : 

Ware v. Hylton, 3 DalL, 199; Dodge v. Woolsey, 

18 How '> 3B1 ; State of New York v - Dibble > 21 How., 
366; Ableman v. Booth and United States v. Booth, 

21 How., 506; Sinnot v. Davenport, 22 How., 227; Foster v. Davenport, 

22 How., 244; Haver v. Yaker, 9 Wall., 32; Claflin v. Houseman, 
assignee, 93 U. S., 130; United States v. 43 Gallons of Whisky, 93 
U. S., 188; Hauenstein v. Lynham, 100 U. S., 483; Neal v. Delaware, 
103 U. S., 370; Ex parte Crow Dog, 109 U. S., 556; Carroll County 
v. Smith, 111 U. S., 556; Head Money Cases, 112 U. S., 580; Van 
Brocklin v. State of Tennessee, 117 U. S., 151; United States 
v. Rauscher, 119 U. S., 407; Ker v. Illinois, 119 U. S., 436; Whitney v. 
Robinson, 124 U. S., 190; The Chinese Exclusion Cases, 130 U. S., 581; 
Geofroy v. Riggs, 133 U. S., 258; In re Neagle, 135 U. S., 1; Horner v. 
United* States, 143 U. S., 570; Fong Yue Ting v. United States, 149 
U. S., 698; Gulf, Colorado and Santa Fe Railway Co. v. Hefley, 158 
U. S., 98; Ward v. Race Horse, 163 U. S., 504; McClellan v. Chipman, 
164 U. S., 347; Smyth v. Ames, 169 U. S., 466; Missouri, Kansas & 
Texas Railway Co. v. Haber, 169 U. S., 613; Ohio v. Thomas, 173 U. 
S., 276; Lone Wolf v. Hitchcock, 187 U. S., 553; South Carolina v. 
United States, 199 U. S., 437; Paddell v. City of New York, 211 U. S,, 
446; Berea College v. Kentucky, 211 U. S., 45; McLean v. Arkansas, 
211 U. S., 539; Atchison, Topeka & Santa Fe Ry. Co. v. Sowers, 213 
U. S., 55; Sanchez v. United States, 216 U. S., 167; Choctaw, etc., R. 
Co., v. Harrison, 235 U. S., 292; Farmers, etc., Bank v. Minnesota, 
232 U. S., 516; Clement Nat. Bank v. Vermont, 231 U. S., 120; Pa. v. 
Nelson, 350 U. S., 497. 



[77] 



CONSTITUTION OF THE UNITBD STATES 
228-230. [ARTICLE VI J 

3 The Senators and ^Representatives before men- 
228. oaths of tioned, and the Members of the several 
and^Son State Legislatures, and all executive 
of reu^ous tests, and judicial Officers, both of the United 
States and of the several States, shall be bound by 
Oath or Affirmation, to support this Constitution; 
but no religious Test shall ever be required as a 
Qualification to any Office or public Trust under the 
United States. 

The statutes prescribe the form of oath as follows (5 U. S. C. 16; 
I, 128): 

"I, A B, do solemnly swear (or affirm) that I will 
229. Poem of support and defend the Constitution of the United 

* * States against all enemies, foreign and domestic; that 

I will bear true faith and allegiance to the same; that I take this obliga- 
tion freely, without any mental reservation or purpose of evasion, and 
that I will well and faithfully discharge the duties of the office on which 
I am about to enter. So help me God." 

The act of 1789 provides that on the organization of the House and 

previous to entering on any other business the oath 

230. Administra- ghall be administered by anv Member- by usage 

tion of oath at , * * * . 

organization. kut not a l wavs the one of longest continuous service 

(I, 131; VI, 6) to the Speaker and by the Speaker 
to the other Members and Clerk (I, 130). This law, however, has at 
times been considered in the House as directory merely (I, 118 r 242, 
243, 245; VI, 6), but at other times has been observed carefully (I, 118, 
140). Previously it was the custom to administer the oath by State 
delegations, but beginning with the Seventy-first Congress Members- 
elect have been sworn in en masse (VI, 8). The Clerk supplies printed 
copies of the oath to Members and Delegates who have taken the oath 
in accordance with law, which shall be subscribed by the Members and 
Delegates and delivered to the Clerk to be recorded in the Journal and 
Congressional Record as conclusive proof of the fact that the signer 
duly took the oath in accordance with law (2 U. S. C. 25). 



[78] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLE VH 231-233. 

The Speaker possesses no arbitrary power in the administration of the 
231. Functions oat ^ (* 134), and when objection is made the ques- 
of the Speaker in tion must be decided by the House and not by the 
administering Chair (I, 519, 520). An objection prevents the 

the oath. Speaker from administering the oath of his own 

authority, even though the credentials be regular in form (I, 135-138). 
The Speaker has frequently declined to administer the oath in cases 
wherein the House has, by its action, indicated that he should not do 
so (I, 139, 140). And in case of doubt he has waited the instruction 
of the House (I, 396; VI, 11). There has been discussion as to the 
competency of a Speaker pro tempore to administer the oath (I, 170), 
and in the absence of the Speaker a Member-elect waited until the 
Speaker should be present (I, 179), but in 1920 a Speaker pro tempore 
whose designation by the Speaker had been approved by the House, 
administered the oath to a Member (VI, 20). The House may author- 
ize the Speaker to administer the oath to a Member away from the 
House (I, 169), or may, in such a case, authorize another than the 
Speaker to administer the oath (I, 170; VI, 14). For Forms used in 
this procedure see (VI, 14) . 

Members have been sworn at the beginning of a second session before 
232. Administra- the ascertainment of a quorum (I, 176-178), and 
tion of the oath where a roll call or other ascertainment has shown 
as related to the the absence of a quorum (I, 178, 181, 182; VI, 21). 
quorum. j n Qne J^Q^Q^Q^ however, the Speaker declined to 

administer the oath under such circumstances (II, 875) . 

A proposition to administer the oath to a Member is a matter of high 
privilege (VI, 14), and the oath has been adminis- 
233. Privilege of tered during a ca u o f the roll on a motion to agree to 
thToTth. rules at the time of organization (1, 173; VI, 22), before 

the reading of the Journal (1, 172), in the absence of a 
quorum (VI, 22), on Calendar Wednesday (VI, 22), before a pending 
motion to amend the Journal (I, 171). A division being demanded 
on a resolution for seating several claimants, the oath may be admin- 
istered to each as soon as his case is decided (1, 623) . When the House 
votes to admit a Member and the motion to reconsider is disposed of, 
the right to be sworn is complete and not to be deferred even by a 
motion to adjourn (I, 622). 



[79] 



CONSTITUTION OF THE UNITED STATES 
234-236. [ARTICLE VIJ 

The right of a Member-elect to take the oath is sometimes chal- 
lenged and the Speaker requests the Member-elect 
234. challenge of to stand aside temporarily (VI, 9-11, 174; VIII, 
the right to take 33g6 ) _ This usua n y occurs at the time of orgaiW 
the oath. ^.^ ^ ^ e jj ouge 'j^e challenge proceeds from 

some Member, but the fact that he has not yet taken the oath himself 
does not debar him from making the challenge (I, 141). The Member 
challenging does so on his responsibility as a Member or on the strength 
of documents (I, 448) or on both (I, 443, 474) . And where an objec- 
tion was sustained neither by affidavit nor on the responsibility of the 
Member objecting, the House declined to entertain it (I, 455). 

It has been held, although not uniformly, that in cases where the 
935 consider- right of a Member-elect to take the oath is challenged, 
tion of an objection the Speaker may direct the Member to stand aside 
to the taking of temporarily (I, 143-146, 474; VI, 9, 174; VIII, 3386). 

the oath. The Member so challenged is not thereby deprived 

of any right (I, 155), and when several are challenged and stand aside 
the question is first taken on the Member-elect first required to stand 
aside (I, 147, 148). In 1861 it was held that the House might direct 
contested names to be passed over until the other Members-elect had 
been sworn in (I, 154) . Motions and debate are in order on the ques- 
tions involved in a challenge, and in a few cases other business has 
intervened by unanimous consent (I, 149, 150). By unanimous con- 
sent the consideration of a challenge is sometimes deferred until after 
the completion of the organization (I, 474), and by unanimous consent 
also the House has sometimes proceeded to legislative business pending 
consideration of the right of a Member to be sworn (I, 151152). 

Although the House has emphasized the impropriety of swearing in a 
236. Relation of Member without credentials (I, 162-168), yet it has 
credentials to the been done in cases wherein the credentials are de- 
right to take the layed or lost and there is no doubt of the election 
oa 111 - (I, 85, 176-178; VI, 12, 13), or where the governor 
of a State has declined to give credentials to a person, whose election 
was undoubted and uncontested (I, 553) . A certificate of election in 
due form having been filed, the Clerk placed the name of the Member- 
elect on the roll, although he was subsequently advised that a State 
Supreme Court had issued a writ restraining the Secretary of State 
from issuing such certificate (January 3, 1940, p. 8) . Where the prima 
facie right is contested the Speaker declines to administer the oath 
(I, 550), but the House admits on his prima facie showing and without 
regard to final right a Member-elect from a recognized constituency 
whose credentials are in due form and whose qualifications are unques- 
tioned (I, 528-534) . If the status of the constituency is in doubt, the 
House usually defers the oath (1, 361, 386, 448, 461) . The House also may 

[80] 



CONSTITUTION OF THE UNITED STATES 

[ARTICLES VI, VII J 237-239. 

defer the oath when a question of qualifications arises (I, 474), but it 
may investigate qualifications after the oath is taken (I, 156-159, 420 > 
462, 481), and after investigation unseat the Member by majority 
vote (I, 428). 

Questions of sanity (I, 441) and loyalty (1, 448) seem to pertain to the 
237. Sanity and competency to take the oath rather than to the ques- 
loyaity as related tion of qualifications, although there has been not a 
to the oath. jftfla debate on this subject (I, 479). In one case a 

Member-elect who had not taken the oath, was excluded from the 
House for disloyalty (VI, 57). 

Decisions of the Supreme Court of the United States: 

Ex parte Garland, 4 Wall., 333; Davis v. Beason, 
238. Decisions of 133 ^ g ^ 333; Mormon Church v. United States, 
tne court. 136 U. S., 1. 

ARTICLE VII. 

The Ratification of the Conventions of nine States, 
shall be sufficient for the Establishment 

239. Ratification . r* 

of the of this Constitution between the States 

Constitution. , / , -i ri 

so ratifying the bame. 

DONE in Convention by the Unanimous Consent of 
the States present the Seventeenth Day of Sep- 
tember in the Year of our Lord one thousand seven 
hundred and Eighty-seven and of the Independence 
of the United States of America the Twelfth. In 

Witness whereof We have hereunto subscribed our 

Names. 

Go WASHINGTON 

Presi dt . and Deputy from Virginia. 

[Signed also by the deputies of twelve States.] 

New Hampshire. 
JOHN LANGDON, NICHOLAS OILMAN. 

Massachusetts. 
NATHANIEL GORHAM, RUPUS KING. 

[81] 



CONSTITUTION OF THE UNITED STATES 



WM. SAML. JOHNSON, 
ALEXANDER HAMILTON. 

WIL: LIVINGSTON, 
DAVID BREARLEY, 



B. FRANKLIN, 
ROBT. MORRIS, 
THO: FITZSIMONS, 
JAMES WILSON, 



GBO: READ, 
JOHN DICKINSON, 
JACO: BROOM, 

JAMES M'HENRY, 
DANL CARROLL. 

JOHN BLAIR, 



WM. BLOXTNT, 
Htr. WILLIAMSON. 



J. KITTLED GE, 
CHARLES PINCKNEY, 



WILLIAM FEW, 
Attest: 



Connecticut. 

ROOBR SHERMAN 
New York. 

New Jersey. 

\V M. PATE HKON, 
JON A. DAYTON. 

Pennsylvania. 

THOMAS MIPPLXN, 
OBO: CLYMER, 
JARBD INGKRSOLL, 
Gouv: MORRIS. 

Delaware. 

GUNNING BEDFORD, Jun'r, 
RICHARD 



Maryland. 

DAN: OF ST. THOS. JENIFER, 

Virginia. 

JAMBS MADISON, Jr. 
North Carolina. 

RXCH'D DOBBS SPAIQHT, 

South Carolina. 

CHARLES COTXSS WORTH PINCKNBY, 
PIERCE BUTLBW. 

Gecrg-ia. 

ABR. BALDWIN. 

WILLIAM JA.OKSON, Secretary. 



[82] 



OONSTITUTIOlSr OF THE UNITED STATES 

240, 241. 

ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE 
CONSTITUTION OP THE UNITED STATES OF AMERICA, 
PROPOSED BY CONGRESS, AND RATIFIED BY THE LEG- 
ISLATURES OF THE SEVERAL STATES PURSUANT TO 
THE FIFTH ARTICLE OF THE ORIGINAL CONSTITU- 



TION. a 



AMENDMENT I. 



Congress shall make no law respecting an estab- 
240. Freedom of Kshment of religion, or prohibiting the 
^^SS^ free exercise thereof; or abridging the 
assembly. freedom of speech, or of the press; or 

the right of the people peaceably to assemble, and to 
petition the Government for a redress of grievances. 

Decisions of the Supreme Court of the United States: 

Terret et al. v. Taylor et al., 9 Cr., 43; Vidal et al. 
241. Decisions of v. Girard et al., 2 How., 127; Ex parte Garland, 4 
the court. Wall., 333; United States v. Cruikshank et al., 

92 U. S., 542; Reynolds v. United States, 98 U. S., 
145; Spies v. Illinois, 123 U. S., 131; Davis v. Season, 133 U. S., 333; 
Eilenbecker v. Plymouth County, 134 U. S., 31; Mormon Church v. 
United States, 136 U. S., 1; In re Rapier, 143 U. S., 110; Horner v. 
United States, 143 U. S., 207; Bradfield v. Roberts, 175 U. S., 291; 

* The first ten amendments to the Constitution of the United States 
were proposed to the legislatures of the several States by the First Con- 
gress, on the 25th of September, 1789. They were ratified by the 
following States, and the notifications of ratification by the goveifciors 
thereof were successively communicated by the President to Congress: 
New Jersey, November 20, 1789; Maryland, December 19, 1789; 
North Carolina, December 22, 1789; South Carolina, January 19, 1790; 
New Hampshire, January 25, 1790; Delaware, January 28, 1790; 
Pennsylvania, March 10, 1790; New York, March 27, 1790; Rhode 
Island, June 15, 1790; Vermont, November 3, 1791; Virginia, Decem- 
ber 15, 1791; Massachusetts, March 2, 1939; Connecticut, April 19, 
1939, and Georgia, March 18, 1939. 

[83] 



CONSTITUTION OF THE UNITED STATES 
242-246. 

Turner v. Williams, 194 U. S. t 279; Jack v. Kansas, 199 U. S,, 372; 
Quick Bear v. Leupp, 210 U. S., 50; Twining . Now Jersey, 211 U.S.', 
78; Lewis Pub. Co. v. Morgan, 229 U. S. ( 288; Selective Draft Cases', 
245 U. S., 366; (.Espionage Act) Sehacfer v. U. S., 251 U. S., 466. 

AMENDMENT IL 

A well regulated Militia, being necessary to the 
242. The right security of a free State, the right of the 
to bear arms. people to keep and bear Arms, shall not 
be infringed. 

Decisions of the Supreme Court of the United States: 

Presser r. Illinois, 116 U. vS., 252; Spies v. Illinois, 
123 u - s " I3t ; Hiteirtwtor v. Plymouth County, 134 
U. S., 31; Jack u. Kaunas, 199 U. S., 372; Twining v. 
New Jersey, 211 U. S., 78, 

AMENDMENT III. 

No Soldier shall, in time of peace be quartered in 
any house, without the consent of the 

244. Quartering ^ ' . 

of soldiers in Owner, nor in time of war, but in a 
houses. manner to be prescribed by law. 

Decisions of the Supreme Court of the United States: 

Spies v. Illinois, 123 U. S., 131; Kilcnbecker v. Ply- 
mouth County, 134 U. S., 31; Jack v. Kansas, 199 
U. S., 372; Twining v. Now Jersey, 211 U. S., 78. 

AMENDMENT IV. 

The right of the people to be secure in their persons, 
24.6. security houses, papers, and effects, against un- 
^chr s Tn S d nable reasonable searches and seizures, shall 
seizures. nc h e violated, and no Warrants shall 

issue, but upon probable cause, supported by Oath 

[84] 



CONSTITUTION OF THE UNITED STATES 

247, 248. 

or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

Decisions of the Supreme Court of the United States: 

Smith v. State of Maryland, 18 How., 71; Murray's 
247. Decisions of Leggee ^ ^ ^ Hoboken Land and Improvement 
the court. Company, 18 How., 272; Ex parte Milligan, 4 Wall., 

2; Boyd v. United States, 116 U. S., 616; Spies v. Illinois, 123 U. S., 131; 
Eilenbecker v. Plymouth County, 134 U. S., 31; Fong Yue Ting v. 
United States, 149 U. S., 698; Interstate Commerce Commission v. 
Brimson, 154 U. S., 447; In re Chapman, 166 U. S., 661; Adams v. New 
York, 192 U. S., 585; Morris v. Hitchcock, 194 U. S., 384; Public Clear- 
ing House v. Coyne, 194 U. S., 497; Interstate Commerce Commission 
v. Baird, 194 U. S., 25; Jack v. Kansas, 199 U. S., 372; Hale v. Henkel, 
201 U. S., 43; Consolidated Rendering Co. v. Vermont, 207 U. S., 541; 
American Tobacco Co. v. Werckmeister, 207 U. S., 284; Twining v. 
New Jersey, 211 U. S., 78; Hammond Packing Co. v. Arkansas, 212 
U. S., 322; Bagley v. General Fire Extinguishing Co., 212 U. S., 477; 
Smithsonian Institution v. St. John, 214 U. S., 19; Rhodus v. Manning, 
217 U. S., 597; Weeks v. U. S., 232 U. S., 392; Wilson v. U. S., 221 U. S., 
361; Wheeler v. U. S., 226 U. S., 479; American Lithographic Co. v. 
Werckmeister, 221 U. S., 603; Flint v. Stone Tracy Co., 220 U. S., 107; 
SiLverthorne Lumber Co. v. U. S., 251 U. S., 385; United States v. Lee, 
274 U. S., 559; Olmstead v. United States, 277 U. S., 438. 

AMENDMENT V. 

No person shall be held to answer for a capital, or 
248. security as otherwise infamous crime, unless on a 
wai c s c ^nd ns> presentment or indictment of a Grand 
property. Jury, except in cases arising in the land 

or naval forces, or in the Militia, when in actual 
service in time of War or public danger; 1 nor shall 
any person be subject for the same offence to be twice 
put in jeopardy of life or limb; 2 nor shall be com- 
pelled in any Criminal Case to be a witness against 
himself; 3 nor be deprived of life, liberty, or property, 

02581 H. Doc. 459, SO-2 7 



CONSTITUTION OF THK UNITED STATES 
5249. 

without due process of law; 4 nor shall private prop- 
erty be taken for public use, without just compen- 
sation. 5 

Decisions of the Supreme Court of the United States: 

Kepner t>. United States, 105 U. S., 100; McCr&y 
United States ' I05 U * S " 27 > ' Raasmuasen , 



United States, 197 U. S., 510; Ju Toy v. United 
States, 198 U. S., 253; 3 Jack t>. Kansas, 199 U. S., 372; 4 South Carolina 
v. United States, 199 U. S., 437; 2 Trono >. United States, 199 U. S., 521; 

5 Chicago, B. & Q. Ry. Co, v. Drainage Commissioners, 200 U. S., 561; 

6 Southern Pacific R. R. Co. v. United States, 200 U. S., 341; Howards 
Kentucky, 200 U. S., 164; 3 Hale v. Henkel, 201 U. S., 43; 3 McAlistert?. 
Henkel, 201 U. S., 90; * Nelson v. U. S., 201 U. S., 92; Sawyer v. U. S, 
202 U. S., 150; * Matter of Moran, 203 U. S., 96; Union Bridge Co. . 
U. S., 204 U. S., 364; 5 Martin v. District of Columbia, 205 U. S., 135; 
Barrington 3 v. Missouri, 205 U. S., 483; * atl 5 United States v.Heinszen, 
206 U. S., 370; 4 Ellis t;. U. S., 206 U. S., 240; 2 Grafton v. U. S., 206 
U. S., 333; 4 Hunter . Pittsburgh, 207 U. S., 161 ; a Taylor v. U. S., 207 
U. S., 120; Shoener v. Pennsylvania, 207 U. S., 188; 3 W fl Consolidated 
Rendering Co. v. Vermont, 207 U. S v 541; 3 American Tobacco Co. v. 
Werckmeister, 207 U. S., 284; < Adair v, U. S., 208 U. S., 161; 2 Bassing 
v. Cady, 208 U. S., 386; 4 Garfield v. Goldsby, 211 U. S., 249; 3 * nd4 Twin- 
ing v. New Jersey, 211 U. S., 78; 4 Goon Shuiitf v. United States, 212 
U. S., 566; 4 New York Central R. R. v. United States, 212 U. S., 481; 
* United States v. Delaware & Hudson Co., 213 U. S., 366; 2 Keerl v. 
Montana, 213 U. S., 135; 4 Oceanic Navigation Co. v. Stranahan, 214 
U. S., 320; District of Columbia v. Brooke, 214 U. S., 138; 4 Sanchez v. 
United States, 216 U. S., 167; * Monongahcla Bridge Co. v. United 
States, 216 U. S., 177; 2 Brantley v. Georgia, 217 U. S., 284; 3 Rhodustr. 
Manning, 217 U. S., 597; 4 United States v. Welch, 217 U. S., 333; St. 
Louis S. W. Ry. Co. v. Garrison, 237 U. S., 136; Jones v. Buffalo Creek 
Coal Co., 245 U. S., 328; * Stroud v. U. S., 251 U. S., 15; 4 *' ld 5 Hamilton 
v. Kentucky Distilleries Co., 251 U. S., 146; 4 Jacob Ruppert v. Caffey, 
251 U. S., 264; 4 Public Utility Cornnirs. v. Ynchausti <fe Co., 251 U. S., 
401; Silverthorne Lumber Co. v. U. S., 251 U. S., 385; 4 Lever Act Cases, 
255 U. S. 81; 4 Adkins v. Childrens Hospital, 261 U. S., 525; Yu Cong 
Eng v. Trinidad, 271 U. S., 500; Oluistead v. United States, 277 U. S., 
438 ; 4 and 5 Clarke v. Haberle Brewing Co., 280 U. 8., 384; * Retirement 
Board v. Alton R. Co., 295 U. S., 330; 3 Adamson v. U. S., 332 U. S., 
46; 3 Ullmann v. U. S., 350 U. S., 422; * Watkins v. U. S., 354 U. S., 178. 

[86] 



CONSTITUTION OP THE UNITED STATES 

250, 251. 

AMENDMENT VI. 

In all criminal prosecutions, the accused shall 
250. Bight to e n Jy the right to a speedy and public 
trial by jury and trial, by an impartial jury of the State 
witaes^s and secure and district wherein the crime shall 
testimony. have been committed, which district 

shall have been previously ascertained by law, and 
to be informed of the nature and cause of the accu- 
sation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining wit- 
nesses in his favor, and to have the Assistance of 
Counsel for his defence. 

Decisions of the Supreme Court of the United States : 

. Withers v. Buckley et al., 20 How., 84; Ex parte 

the cowt HS Milligan, 4 Wall., 2; Twichell v. The Commonwealth, 

7 Wall., 321; Miller v. The United States, 11 Wall., 
268; United States w. Cook, 17 Wall., 168; United States v. Cruikshank 
et al., 92 U. S., 542; Reynolds v. United States, 98 U. S., 145; Spies v. 
Illinois, 123 U. S., 131; Brooks v. Missouri, 124 U. S., 394; Callan v. 
Wilson, 127 U. S., 540; Eilenbecker v. Plymouth County, 134 U. S., 
31; Jones v. United States, 137 U. S., 202; Cook v. United States, 138 
U. S., 157; In re Shubuya Jugiro, 140 U. S., 291; In re Ross, 140 U. S., 
453; Fong Yue Ting v. United States, 149 U. S., 698; Mattox v. United 
States, 156 U. S., 237; Rosen v. United States, 161 U. S., 29; United 
States v. Zucker, 161 U, S., 475; Wong Wing v. United States, 163 
U. S., 228; Thompson t;. Utah, 170 U. S., 343; Maxwell v. Dow, 176 
U. S., 581; Motes v. United States, 178 U. S., 458; Fidelity and Deposit 
Co. v. United States, 187 U. S., 315; Hawaii v. Mankichi, 190 U. S., 
197; Lloyd v. Dollison, 194 U. S., 445; West v. Louisiana, 194 U. S., 
258; Turner v, Williams, 194 U. S., 279; Schirk v. United States, 195 
U. S., 65; Dorr v. United States, 195 U. S., 138; Rassmussen v. United 
States, 197 U. S., 516; Beavers v. Haubert, 198 U. S., 77; Marvin t>. 
Trout, 199 U. S., 212; Jack v. Kansas, 199 U. S., 372; Martin v. Texas, 
200 U. S., 316; Howard v. Kentucky, 200 U. S., 164; Sawyer v. United 
States, 202 U. S., 150; Tinsley v. Treat, 205 U. S., 20; Ughbanks v. 

[87] 



CONSTITUTION OF THK UXITK1) STATES 
25% 253. 

Armstrong, 208 U. S., 481; Armour Packing Co. v. United States, 209 
U. S., 56; Twining v. New Jersey, 21 1 U. S., 78; Goon Shung v. United 
States, 212 U. S., 566; 3 Knoxvillo v. Knosville Water Co., 212 U. S., 1- 
United States v. Stevenson, 215 U. 8., 190; Jiaa* v. Henkel, 216 U/&, 
462; U. S. v. Reagan, 232 U. S., 37; Brown v. Klliott. 225 U. S., 392; 
Hyde v. U. S., 225 U. S., 347; Seven Cas<w v. U. S., 239 U. S., 510; 
Johnson v. U. S., 225 U. $., 405; \Vilon t\ U, B., 221 U. S., 361; Dowdell 
t7. U. S., 221 U. S., 325; Ruthonhorg v. U. S M 245 U. 8., 480; Schaeferu. 
U. S., 251 U. S., 466; Lever Act Cases, 255 V. S., SI ; Oaines v. Wash- 
ington, 277 U. S., 81; Lewis v. United States, 279 U, B., 63; Patton* 
United States, 281 U. S., 276; United States i. Wood, 209 U. S., 123; 
Green v. U. S., 356 U. S. 165. 

AMENDMENT VII. 

In suits at common law, where the value in con- 
5252. jury trial in troversy shall exceed twenty dollars, 

suits at common law. ^ right of ^.^ by j ury gj^jj be p] ^ 

served, and no fact tried by a jury shall be otherwise 
re-examined in any Court of the United States, than 
according to the rules of the common law. 

Decisions of the Supreme Court of the United States : 

United States v. La Vengeance, 3 DalL, 297; Bank 
SOf of c lumbia Oakley, 4 Wh., 235; Parsons v. Bed- 
ford et al., 3 Pet., 433 ; Lessc of Livingston v. Moore et 
al., 7 Pet., 469; Webster v. Reid, 11 How., 437; State of Pennsylvania v. 
The Wheeling, <fec., Bridge Company et al., 13 How., 518; The Justices 
v. Murray, 9 Wall., 274; Edwards v. Elliott et al., 21 Wall., 532; Pearson 
v. Yewdall, 95 U. S., 294; McElrath v. United States, 102 U. S., 426; 
Spies v. Illinois, 123 U. S., 131; Arkansas Valley Land & Cattle Co. 
v. Mann, 130 U. S., 69; Eilenbecker v. Plymouth County , 134 U. S., 31; 
Whitehead v. Shattuck, 138 U. S., 146; Scott v. Neely, 140 U. S., 106; 
Gates v. Allen, 149 U. S., 451; Pong Yue Ting v. United States, 149 
U. S., 698; Coughran v. Bigelow, 164 U. S., 301; Walker v. New Mexico 
& Southern Pacific Railroad, 165 U. S., 593; Chicago, Burlington & 
Quincy v. Chicago, 166 U. S., 226; American Publishing Co. v. Fisher, 
166 U. S., 464; Rassmussen v. United States, 197 U. S., 516; Marvin v. 



[88] 



COKSTITUTION OF THE UNITED STATES 

254-257. 

Trout, 199 U. S., 212; Jack t;. Kansas, 199 U. S., 372; Fidelity Mutual 
Life Ins. Co. v. Clark, 203 U. S., 64; Twining v. New Jersey, 211 U. S., 
78; St. Louis, etc., Land Co. v. Kansas City, 241 U. S., 419; Mountain 
Timber Co. v. Washington, 243 U. S., 219; Minnesota, etc., R. Co. v. 
Bombolis, 241 U. S., 211; Luria v. U. S., 231 U. S., 9; Pease v. Rathbun- 
Jones Engineering Co., 243 U. S., 273; Meeker t?. Lehigh VaUey R. Co., 
236 U. S., 439; Pedersen v. Delaware, etc., R. Co. 229 U. S., 146; Young 
v. Central R. Co., 232 U. S., 602; Wickwire v. Reinecke, 275 U. S., 101; 
Dimick v. Schiedt, 293 U. S,. 474. 

AMENDMENT VIII. 

254. Excessive Excessive bail shall not be required, 

^ulrU^hTetts n r excessive fines imposed, nor cruel 
prohibited. an( j unusual pun j shm en t g inflicted. 

Decisions of the Supreme Court of the United States : 

Pervear v. Commonwealth, 5 Wall., 475; Spies v. 
Illinois, 123 U. S., 131; Manning v. French, 133 U. S., 
186; Eilenbecker v. Plymouth County, 134 U. S., 31; 
McElvaine v. Brush, 142 U. S., 155; O'Neil v. Vermont, 144 U. S., 323; 
McDonald v. Massachusetts, 180 U. S., 311; Jack v. Kansas, 199 U. S., 
372; Ughbanks v. Armstrong, 208 U. S., 481; Twining v. New Jersey, 
211 U. S., 78; Weems v. United States, 217 U. S., 349; Collins v. Johns- 
ton, 237 U. S., 502; Badders v. U. S., 240 U. S., 391. 

AMENDMENT IX. 

The enumeration in the Constitution. 

256. Rights 

reserved to the of certain rights, shall not be construed 
people * to deny or disparage others retained 

by the people 

Decisions of the Supreme Court of the United States: 

Lessee of Livingston v. Moore et al., 7 Pet., 496: 

S P ies v ' Illinois > 123 U - S -> 131 ; Jack Kansas, 199 
U. S., 372. 



[89] 



states * 



CONSTITUTION OF THE UNITED 

258-260. 

AMENDMENT X. 

The powers not delegated to the United States by 
the Constitution, nor prohibited by it 
to the States, are reserved to the States 
respectively, or to the people. 

Decisions of the Supreme Court of the United States: 
Claflin v. Houseman, assignee, 93 U. S., 130; Inman Steamship Com- 
pany v. Tinker, 94 U. S., 238; United States v. Fox, 
259. Decisions of 94 ^ g ^ 315; Tennessee v. Davis, 100 U. S., 257; 
the court. g ^ ieg ^ Iilinois? 123 LT> g>j 131 . p ollock Vm Farmers' 

Loan & Trust Co. (Income Tax case), 157 U. S., 429; Forsyth v. Ham- 
mond, 166 U. S., 506; St. Anthony Falls Water Power Co. v. St. Paul 
Water Commissioners, 168 U. S., 349; Missouri- Kansas <fe Texas Rail- 
way Co. v. Haber, 169 U. S., 613; Hancock Mutual Life Ins. Co. v. 
Warren, 181 U. S., 73; Kansas v. Colorado, 185 U. S., 125; Andrews t. 
Andrews, 188 U. S., 14; Northern Securities Co. v. United States, 193 
U. S., 197; Turner v. Williams, 194 U. S., 279; McCray v. United 
States, 195 U. S., 27; Central of Georgia- Ry. Co. v. Murphey, 196 U. S., 
194; Matter of Heff (Indian), 197 U. S., 488; South Carolina v. United 
States, 199 U. S., 437; Jack v. Kansas, 199 U. S. 372; Hodges v. United 
States, 203 U. S., 1; Kansas v. Colorado, 206 U. S. 46; Prentis v. Atlantic 
Coast Line, 211 U. S., 210 Keller v. United States, 213 U. S,, 138; 
Adams Express Co. v. Kentucky, 214 U. S., 218; Western Union Tele^ 
graph Co. v. Chiles, 214 U. S., 274; Holmgren v. United States, 217 
U. S., 509; Hebert . U. S., 272 U. S., 312; U. S. v. Butler (A. A. A), 
297 U. S., 1, 

AMENDMENT XL* 

The Judicial power of the United States shall not 
260. Extent of the be construed to extend to any suit in 
judicial power. j aw or equity, commenced or prosecuted 

a The eleventh amendment to the Constitution of the United States 
was proposed to the legislatures of the several States by the Third 
Congress on the 5th of September, 1794; and was declared in a message 
from the President to Congress dated the 8th of January, 1798, to have 
been ratified by the legislatures of three-fourths of the States. 

[90] 



CONSTITUTION OF THE UNITED STATES 

261. 

against one of the United States by Citizens of an- 
other State, or by Citizens or Subjects of any Foreign 

State. 

Decisions of the Supreme Court of the United States: 

State of Georgia v. Brailsford et al., 2 DalL, 402; 



tito wuA!" 310118 f Chisholm, ex., v. State of Georgia, 2 DalL, 419; Hol- 
lings-worth et al. v. Virginia, 3 DalL, 378; Cohen v. 
Virginia, 6 Wh., 264; Osborn v. United States Bank, 9 Wh., 738; United 
States v. The Planters' Bank, 9 Wh., 904; the Governor of Georgia v. 
Juan Madrazo, 1 Pet., 110; Cherokee Nation v. State of Georgia, 5 
Pet., 1; Briscoe v. The Bank of the Commonwealth of Kentucky, 11 
Pet., 257; Curran v. State of Arkansas et al., 15 How., 304; Louisiana 
v. Jumel, 107 U. S., 711; New Hampshire v. Louisiana, 108 U. S. 76; 
Clark v. Barnard, 108 U. S. 436; Cunningham v. Macon & Brunswick 
Railroad, 109 U. S., 446; Poindexter v. Greenlow, 114 U. S., 270; Allen 
auditor, et al. v. Baltimore & Ohio R. R. Co., 114 U. S., 311; Hagood 
v. Southern, 117 U. S., 52; Ralston v. Missouri Fund Commissioners, 
120 U. S., 390; In re Ayers, 123 U. S., 443; Lincoln County v. Luning, 

133 U. S., 529; Christian v. Atlantic & North Carolina R. R. Co., 133 
U. S., 233 Hans v. Louisiana, 134 U. S., 1; North Carolina v. Temple, 

134 U. S., 22; New York Guaranty Co. v. Steele, 134 U. S., 230; Virginia 
Coupon Cases, 135 U. S., 662; Pennoyer v. McConnaughy, 140 U. S., 
1; United States v. Texas, 143 U. S., 621; In re Tyler, 149 U. S., 164; 
Reagan v. Farmers 7 Loan & Trust Co., 154 U. S., 362; Scott v. Donald, 
165 U. S. 58; Scott v. Donald, 165 U. S., 107; Tindal v. Wesley, 167 
U. S., 204; Smyth v. Ames, 169 U. S., 466; Fitts v. McGhee, 172 U. S., 
516; Louisiana v. Texas, 176 U. S., 1; Smith v. Reeves, 178 U. S., 436; 
Scranton v. Wheeler, 179 U. S., 141; Illinois Central Railroad Co. v. 
Adams, 180 U. S., 28; Prout v. Starr, 188 U. S., 537; South Dakota v. 
North Carolina, 192 U. S., 286; Chandler v. Dix, 194 U. S., 590; Jacob- 
son v. Massachusetts, 197 U. S. 11; Graham v. Folsom, 200 U. S., 248; 
Gunther v. Atlantic Coast Line, 200 U. S., 273; McNeill v. Southern 
Railway Co., 202 U. S., 543; Mississippi R. R. Commission v. Illinois 
Central R. R., 203 U. S., 335; Scully v. Bird, 209 U. S., 481; Ex parte 
Young, 209 U. S., 123; Marray v. Wilson Distilling Co., 213 U. S., 151; 
Ludwig v. Western Union Telegraph Co., 216 U. S,, 146; Western 
Union Telegraph Co. v. Andrews, 216 U, S., 165; Hopkins v, Clemson 
Agricultural College, 221 U. S., 636; Lankford v. Platte Iron Works 
Co., 235 U. S., 461; Farish v. Oklahoma State Banking Board, 235 



CONSTITUTION OF THE UNITED STATES 

U. S., 498; Tanner v. Little, 240 U. S,, 369; Harrison v. St. Louis, etc., 
R. Co., 232 U. S., 318; Greene v. Louisville, etc., II. Co., 244 U. S., 499,' 
522. 

AMENDMENT XII." 

The Electors shall meet in their respective states, 
262. Mating of and vote ^7 ballot for President and 
the electors and Vice-President, one of whom, at least, 

transmission and . ' 

count of their shall not be an inhabitant of the same 
votes * state with themselves; they shall name 

in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-Presi- 
dent, and they shall make distinct lists of all persons 
voted for as President, and of all persons voted for as 
Vice-President, and the number of votes for each, 
which lists they shall sign and certify, and trans- 
mit sealed to the seat of the government of the 
United States, directed to the President of the Sen- 
ate; The President of the Senate shall, in presence 
of the Senate and House of Representatives, open 
all the certificates and the votes shall then be 
counted; * * * 

The electoral count occurs in the Hall of the House (III, 1018) at 
1 p. m. on the sixth day of January succeeding every meeting of elec- 
tors (3 U, S. C. 15), but for the 1957 count the date was changed to 
Monday, January 7 (P. L. 436, 84th Cong.)- While a law prescribes 
in detail the procedure at the count, the two Houses by concurrent 

The twelfth amendment to the Constitution of the United States 
was proposed to the legislatures of the several States by the Eighth 
Congress on the 12th of December, 1803, in lieu of the original third 
paragraph of the first section of the second article, and was declared in 
a proclamation of the Secretary of State, dated the 25th of September, 
1804, to have been ratified by the legislatures of three-fourths of the 
States. 

[92] 



CONSTITUTION* OF THfe UNITED STATES 

263. 

resolution provide for the meeting to count the vote, for the appoint- 
ment of tellers, and for the declaration of the state of the vote (III, 
1961). The Vice President-elect, as Speaker of the House, participated 
in the ceremonies (VI, 446) . 

* * * The person having the greatest number 
263. Elections of of votes for President, shall be the 
President, if such number be a major- 
ii} y of the whole number of Electors ap- 
pointed; and if no person have such 
majority, then from the persons having the highest 
numbers not exceeding three on the list of those voted 
for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But 
in choosing the President, the votes shall be taken 
by states, the representation from each state having 
one vote; a quorum for this purpose shall consist of 
a member or members from two-thirds of the states, 
and a majority of all the states shall be necessary to 
a choice. And if the House of Representatives shall 
not choose a President whenever the right of choice 
shall devolve upon them, before the fourth day of 
March next following, then the Vice-President shall 
act as President, as in the case of the death or other 
constitutional disability of the President. The per- 
son having the greatest number of votes as Vice- 
President, shall be the Vice-President, if such number 
be a majority of the whole number of Electors ap- 
pointed, and if no person have a majority, then from 
the two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the purpose 



CONSTITUTION OF THE UNITKD STATES 
264. 

shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall 
be necessary to a choice. But no person constitu- 
tionally ineligible to the office of President shall be 
eligible to that of Vice-President of the United States, 

The twentieth amendment to the Constitution has clarified some of 
the provisions of the twelfth amendment. 

The House of Representatives, in 1803 (III, 1083), chose a President 
under the following constitutional provision, which was superseded in 
1803 by the twelfth amendment: 

"The electors shall meet, in their respective States, and vote by ballot 
264 First rovi- ^ or ^ wo ^ ersous f whom one at least shall not be an 
sion for election in Inhabitant of the same Stal i* with themselves. And 
case of failure of they shall make a last of all the Persons voted for, 
electoral college anc i O f t i lc Number of Votes for each ; which List they 
to choose. zb&ll sign and certify, and transmit sealed to the Seat 

of the Government of the United States, directed to the President of the 
Senate. The President of the Senate shall, in the Presence of the Sen- 
ate and House of Representatives, open all the Certificates, and the 
Votes shall then be counted. The Person having the greatest Number 
of Votes shall be the President, if such Number be a Majority of the 
whole Number of Electors appointed; and if there be more than one 
who have such Majority, and have an equal Number of Votes, then 
the House of Representatives shall immediately elm so by Ballot one 
of them for President; and if no Person have a majority, then from the 
five highest on the List the said House shall in like Manner chtise the 
President. But in ehusing the President, the Votes shall be taken by 
States, the Representation from each State having one Vote; A quorum 
for this Purpose shall consist of a Member or Members from two-thirds 
of the States, and a majority of all the States shall be necessary to a 
choice. In every Case, after the Choice of the President, the Person 
having the greatest Number of Votes of the Electors shall be the Vice 
President. But if there should remain two or more who have equal 
Votes, the Senate shall ehuse from them by ballot the Vice-President." 



[94] 



CONSTITUTION OF THE UNITED STATES 

265^267. 

In 1825 the House elected a President under the twelfth amendment 
(III, 1985) ; and in 1837 the Senate elected a Vice-President (III, 1941). 
266. Decisions of Decisions of the Supreme Court of the United States : 
the court. i n re Green, 134 U. S., 377; Ray . Blair ? 343 U. S., 214. 

AMENDMENT XIIL* 

SECTION 1. Neither slavery nor involuntary servi- 
266. prohibition tude, except as a punishment for crime 
?nvoiTtLT d whereof the party shaU have been 
servitude. d^y convicted, shall exist within the 

United States, or anyplace subject to their jurisdiction. 

SECTION 2. Congress shall have power to enforce 
this article by appropriate legislation. 

Decisions of the Supreme Court of the United States: 

TV*.- Dred Scott v - Sanford, 19 How., 393; White 

of tL ewrtT 118 Hart > 13 WalL 646 J Osborn v. Nicholson, 18 Wall., 
654, Slaughter-house Cases, 16 Wall., 36; Ex parte 
Virginia, 100 U. S., 339; Civil Eights Case, 109 U. S., 3; Plessy v. Fer- 
guson, 163 U. S,, 537; Robertson v. Baldwin, 165 U. S., 275; Clyatt v. 
United States, 197 U. S., 207; Hodges v. U. S., 203 U. S., 1; Bailey v. 
Alabama, 211 U. S., 452; U. S. v. Reynolds, 235 U. S., 133; Butler v. 
Perry, 240 U. S., 328; Selective Draft Law Cases, 245 U. S., 366. 

The thirteenth amendment to the Constitution of the United States 
was proposed to the legislatures of the several States by the Thirty- 
eighth Congress, on the 1st of February, 1865, and was declared, in a 
proclamation of the Secretary of State, dated the 18th of December 
1865, to have been ratified by the legislatures of twenty-seven of the 
thirty-six States, viz: Illinois, Rhode Island, Michigan, Maryland, 
New York, West Virginia, Maine, Kansas, Massachusetts, Pennsyl- 
vania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minne- 
sota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New 
Hampshire, South Carolina, Alabama, North Carolina, and Georgia. 



CONSTITUTION OF THE UNITED STATES 

AMENDMENT XIV.* 

SECTION 1. All persons born or naturalized in the 
268. citizenship; United States, and subject to the juris- 
^"rotection diction thereof, are citizens of the 
of citizens. United States and of the State wherein 

they reside. 1 No State shall make or enforce any 
law which shall abridge the privileges or immunities 
of citizens of the United States; 2 nor shall any State 
deprive any person of life, liberty, or property, 

fl The fourteenth amendment to the Constitution of the United States 
was proposed to the legislatures of the several States by the Thirty-ninth 
Congress, on the 16th of June, 1 866. On the 21st of July, 1 868, Congress 
adopted and transmitted to the Department of State a concurrent reso- 
lution declaring that <; the legislatures of the States of Connecticut, 
Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, 
West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, 
New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida, 
North Carolina, Alabama, South Carolina, and Louisiana, being three- 
fourths and more of the several States of the Union, have ratified the 
fourteenth a,rticle of amendment to the Constitution of the United 
States, duly proposed by two-thirds of each House of the Thirty-ninth 
Congress: Therefore Resolved, That said fourteenth article is hereby 
declared to be a part of the Constitution of the United States, and it 
shall be duly promulgated as such by the Secretary of State. " The Sec- 
retary of State accordingly issued a proclamation, dated the 28th of 
July, 1868, declaring that the proposed fourteenth amendment had been 
ratified, in the manner hereafter mentioned, by the legislatures of thirty- 
six States, viz: Connecticut, June 30, 1866; New Hampshire, July 7, 
1866; Tennessee, July 19, 1866; New Jersey, September 11, 1866 (and 
the legislature of the same State passed a resolution in April, 1868, to 
withdraw its consent to it); Oregon, September 19, 1866; Vermont, 
November 9, 1866; Georgia rejected it November 13, 1866, and ratified 
it July 21, 1868; North Carolina rejected it December 4, 1866, and rati- 
fied it July 4, 1868; South Carolina rejected it December 20, 1866, and 
ratified it July 9, 1868; New York ratified it January 10, 1867; Ohio 
ratified it January 11, 1867 (and the legislature of the same State passed 

[96] 



CONSTITUTION" OP THE UNITED STATES 

269. 

without due process of law; 3 nor deny to any per- 
son within its jurisdiction the equal protection of 
the laws. 4 

Decisions of the Supreme Court of the United States: 

i U. S. v. Nice, 241 U. S., 591; 3 Detroit, ete., R. 
Co - v ' Mi chigan R. Commission, 240 U. S., 564; 
3 ~ 4 New York Cent. R. Co. v. White, 243 U. S., 188; 
3 Saunders v. Shaw, 244 U. S., 317; 3 De La Rama v. De La Rama, 241 
U. S., 154; 3 Holmes v. Conway, 241 U. S. 624; 3 Chaloner v. Sherman, 
242 U. S., 455; 3 Chicago L. Ins. Co. v. Cherry, 244 U. S., 25; 3 Penn. F. 
Ins. Co. v. Gold Issue Min., etc., Co., 243 U. S., 92; 3 Kryger v. Wilson, 

242 U. S., 171; 3 Enterprise Irrigation Dist. v. Farmer's Mut. Canal Co., 

243 U. S., 157; 3 O'Neil v. Northern Colorado Irrigation Co., 242 U. S., 
20; 3 ~ 4 McFarland v. American Sugar Refining Co., 241 U. S., 79; 
3 Bunting v. Oregon, 243 U. S., 426; 3 Bowerspck v. Smith, 243, U. S., 
29; 3 Adams v. Tanner, 244 U. S., 590; 3 Sutton v. New Jersey, 244 U. S., 
258; 3 ~ 4 Chicago, etc., R. Co. v. Anderson, 242 U. S., 283; 3 St. Louis, 
etc., R. Co. v. Arkansas, 240 U. S., 518; * Miss. R. Com. v. Mobile, 
etc., R. Co., 244 U. S., 388; 3 Chesapeake, etc., R. Co. v. Public 
Service Com., 242 U. S., 603; 3 ~ 4 Lake Shore, etc., R. Co. v. Clough, 
242 U. S., 375; 3 Van Dyke v. Geary, 244 U. S., 39; 3 Pac. Live Stock 
Co. v. Lewis, 241 U. S., 440; 3 Farmers Irrigation District v. Nebraska, 

244 U. S., 325; 3 ~ 4 Hutchinson Ice Cream Co. v. Iowa, 242 U. S., 153; 
3 Rast v. Van Deman, etc., Co., 240 U. S., 342; 3 Armour v. North 

a resolution in January, 1868, to withdraw its consent to it) ; Illinois 
ratified it January 15, 1867; West Virginia, January 16, 1867; Kansas, 
January 18, 1867; Maine, January 19, 1867; Nevada, January 22, 
1867; Missouri, January 26, 1867; Indiana, January 29, 1867; Min- 
nesota, February 1, 1867; Rhode Island, February 7, 1867; Wisconsin, 
February 13, 1867; Pennsylvania, February 13, 1867; Michigan, Feb- 
ruary 15, 1867; Massachusetts, March 20, 1867; Nebraska, June 15, 
1867; Iowa, April 3, 1868; Arkansas, April 6, 1868; Florida, June 9, 
1868; Louisiana, July 9, 1868; and Alabama, July 13, 1868; Georgia 
again ratified the amendment February 2, 1870. Texas rejected it 
November 1, 1866, and ratified February 18, 1870. Maryland rejected 
it March 23, 1867, and ratified April 28, 1950. Virginia rejected 
it January 19, 1867, and ratified October 8, 1869. The amendment 
was rejected by Kentucky January 10, 1867; by Delaware February 
8, 1867, and was not afterwards ratified by either State. 

[97] 



CONSTITUTION OF THE UNITED STATES 
269. 

Dakota, 240 U. S., 510; 3 Brazee v. Michigan, 241 U. S. f 340; 8 
v. Atlanta, 242 U. S., 53; 3 Buchanan w. Worlcy, 245 U. S., 60; *-< Mei- 
rick v. Halsey, 242 U. S,, 568; * Butler v. Perry, 240 U. S., 328; Pen^ 
nington v. Ohio Fourth Nat. Bank, 243 U. S., 209; 3 Thomas Cusako 
Co. v. Chicago, 242 U. S., 526; 3 Rogers v. Hennepin County, 240 
U. S., 184; 3 Kansas City, etc., R. Co. v. Stiles, 242 U. S,, 111; sg t> 
Louis Southwestern R. Co. v. Arkansas, 240 U. S., 518; 3 Bullen D, 
Wisconsin, 240 U. S., 625; 8 Gast Realty, etc., Co. v. Schneider Granite 
Co., 240 U. S., 55; 3 St. Louis Land Co. v. Kansas City, 241 U. S., 
419; 4 Farmers Irrigation Dist. v. O'Shea, 244 U. S., 325; < Crane . 
Johnson, 242 U. S., 339; 4 Kane v. New Jersey, 242 U. S., 160; 3 Looney 
v. Crane Co., 245 U. S., 178; Selective Draft Law Cases, 245 U. S., 
366; 8 Wear v. Kansas, 245 U. S., 154; 3 Penn. R. R. v. Towers, 245 
U. S., 345; 3 Crane v. Campbell, 245 U. S., 304; * Seaboard Air Line v, 
North Carolina, 245 U. S., 298; * Johnson t>. Lankford, 245 U. S., 541;. 
* Martin v. Same, 245 U. S., 547; 4 Fidelity and Columbia Trust Co 
v. Louisville, 245 U. S., 54; 8 Eiger v. Garrity, 246 U. S., 97; 2 Armour 
& Co. v. Virginia, 246 U. S., 1; l Chicago, R. I. & Pac. Ry. v. Cole, 251 
U. S., 54; *-* Ft. Smith Lumber Co. v. Arkansas, 251 U. S., 532; *- Dim- 
bar o. City of New York, 251 U. S., 516; * Bragg v. Weaver, 251 U. S., 
57; 2 ~ 3 Oklahoma Ry. v. Severns Pav. Co., 251 U. S., 104; 2 ~ 3 St. L., 
I. Mt. & So. Ry. v. Williams, 251 U. S., 63; 3 H ays v. Port of Seattle, 
251 U. S., 233; 3 ~ 4 Branson v. Bush, 251 U. S., 182; 3 Brooks-Scanlon 
Co. v. Railroad Comm., 251 U. S., 396; 3 Pioducers Transp. Co. v. Rail- 
road Comm., 251 U. S., 338; 3 ~* Pacific Gas Co. v. Police Court, 251 
U. S., 22; 3 Sullivan v. Shreveport, 251 U. S., 169; 3 Los Angeles v. Los 
Angeles Gas Corp., 251 U. S., 32; 3 Hardin-Wyandot Co. v. Upper San- 
dusky, 251 U. S., 173; 3 Frick v. Pennsylvania, 268 U. S., 475; 3 Lee . 
Osceola Imp. Dist., 268 U. S., 643; 3 Gitlow v. New York, 268 U. S., 
652; 3 Hebert v. United States, 272 U. S., 312; 3 Tyson & Brother v, 
Banton, 273 U. S., 418; 8 Tumey v. Ohio, 273 U. S., 510; Nixon v. 
Herndon, 273 U. S., 536; 3 Wuchter v. Pizzutti, 276 U. S., 13; 3 ~ 4 Ware- 
house Co. v. Tobacco Growers, 276 U. S., 71; 3 Manley v. Georgia, 279 
U. S., 1; 3 Dohany v. Rogers, 281 U. S., 362; 3 Brinkerhoff-Faris Co. v. 
Hill, 281 U. S., 673; 2 Nixon v. Condon, 286 U. S., 73; 8 Home Bldg, 
& Loan Assn. v. Blaisdell, 290 U. S., 398; Grovey v. Townsend, 295 
U. S., 45; Colgate v. Harvey, 296 U. S., 404; * Grosjean v. American 
Press Co., 297 U. S., 233; 2 Edwards w. California, 314 U. S., 160; 
8 Adamson v. U. S., 332 U. S., 46; 3 Sweezy v. N. H., 354 U. S., 234; 
4 Brown v. Board of Education, 347 U. S., 483 and 349 U. S., 294; 
Cooper v. Aaron, 358 U. S., 1. 

[98] 



CONSTITUTION OF THE UNITED STATES 

270, 271. 

SECTION 2. Representatives shall be apportioned 
270 Appor- among the several States according to 

tionmentof their respective numbers, counting the 

representation. w h o i e number of persons in each State, 
excluding Indians not taxed. But when the right to 
vote at any election for the choice of electors for Presi- 
dent and Vice President of the United States, Repre- 
sentatives in Congress, the Executive and Judicial 
officers of a State, or the members of the Legislature 
thereof, is denied to any of the male inhabitants of 
such State, being twenty-one years of age, and citizens 
of the United States, or in any way abridged, except 
for participation in rebellion, or other crimes, the 
basis of representation therein shall be reduced in the 
proportion which the number of such male citizens 
shall bear to the whole number of male citizens 
twenty-one years of age in such State. 

There has been a readjustment of House representation each ten 
271. Law years except during the period 1911 to 1929 (VI, 41; 

governing the footnote). From March 4, 1913, permanent House 

establishment of membership has remained fixed at 435 (VI, 40, 41; 
districts. 37 Stat. 13). Upon admission of Alaska and Hawaii 

to statehood, total membership was temporarily increased to 437 until 
the next reapportionment (72 Stat. 339, 345; 73 Stat. 8). Congress 
has by law provided for automatic apportionment of the 435 Repre- 
sentatives among the States according to each census including and 
after that of 1950 (55 Stat. 761). The Apportionment Act formerly 
provided that the districts in a State should equal the number of its 
Representatives with no district electing more than one Representa- 
tive, and that the districts were to be composed of contiguous and 
compact territory containing as nearly as practicable an equal number 
of inhabitants (I, 303; VI, 44); but subsequent apportionment Acts, 
those of 1929 (46 Stat. 26) and of 1941 (55 Stat. 761), omitted such 
provisions* After any apportionment, until a State is redistricted in 
a manner provided by its own law, the question of whether its Repre- 
sentatives shall be elected by districts, at large, or by a combination 
of both, is determined by the Apportionment Act of 1941 (2 U. S. C. 
2a). The House has always seated Members elected at large in the 
States, although the law required election by districts (I, 310, 519). 

[99] 



CONSTITUTION OF THE UNITED STATES 

274. 

curred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipa- 
tion of any slave; but all such debts; obligations and 
claims shall be held illegal and void. 

Perry v. U. S., 294 U. S., 330. 

SECTION 5. The Congress shall have power to en- 
force, by appropriate legislation, the provisions of 
this article. 

AMENDMENT XV. a 

SECTION 1, The right of citizens of the United 
States to vote shall not be denied or 

274. Suffrage not 

to be abridged for abridged by the United States or by 

race, color, etc. r\ i i i t i 

any btate on account of race, color, or 
previous condition of servitude. 

a The fifteenth amendment to the Constitution of the United States 
was proposed to the legislatures of the several States by the Fortieth 
Congress on the 27th of February, 1869, and was declared, in a procla- 
mation of the Secretary of State, dated March 30, 1870, to have been 
ratified by the legislatures of twenty-nine of the thirty-seven States. 
The dates of these ratifications (arranged in the order of their reception 
at the Department of State) were: From North Carolina, March 5, 
1869; West Virginia, March 3, 1869; Massachusetts, March 9-12, 1869; 
Wisconsin, March 9, 1869; Maine, March 12, 1869; Louisiana, March 5, 
1869; Michigan, March 8, 1869; South Carolina, March 16, 1869; 
Pennsylvania, March 26, 1869; Arkansas, March 30, 1869; Connecticut, 
May 19, 1869; Florida, June 15, 1869; Illinois, March 5, 1869; Indiana, 
May 13-14, 1869; New York, March 17- April 14, 1869 (and the legis- 
lature of the same State passed a resolution January 5, 1870, to with- 
draw its consent to it) ; New Hampshire, July 7, 1869; Nevada, March 
1, 1869; Vermont, October 21, 1869; Virginia, October 8, 1869; Missouri, 
January 10, 1870; Mississippi, January 15-17, 1870; Ohio, January 27, 
1870; Iowa, February 3, 1870; Kansas, January 18-19, 1870; Minnesota, 
February 19, 1870; Rhode Island, January 18, 1870; Nebraska, Feb- 
ruary 17, 1870; Texas, February 18, 1870. The State of Georgia also 
ratified the amendment February 2, 1870. 

62581 H. Doc. 459, S6-2 8 [101] 



CONSTITUTION OF THE tWlTED STATES 

276. 

259 U. S., 247; Evans v. Gore, 253 U. S., 245; Taft v. Bowers, 278 
U. S., 470. 

AMENDMENT XVIL" 

(See Article I, Section 3.) 

The Senate of the United States shall be composed 
. . m . of two Senators from each State, elected 

276. Election ; 

of senators by by the people thereof, for six years; and 
each Senator shall have one vote. The 
electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of 
the State legislatures, 

When vacancies happen in the representation of 
any State in the Senate, the executive authority 
of such State shall issue writs of election to fill such 
vacancies: Provided, That the legislature of any 
State may empower the executive thereof to make 
temporary appointments until the people fill the 
vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to 
affect the election or term of any Senator chosen 
before it becomes valid as part of the Constitution. 

6 The seventeenth, amendment to the Constitution of the United 
States was proposed to the legislatures of the several States by the 
Sixty-second Congress in 1912, and was declared, in a proclamation 
by the Secretary of State dated May 31, 1913, to have been ratified 
by the legislatures of the following States: Massachusetts, Arizona, 
Minnesota, New York, Kansas, Oregon, North Carolina, California, 
Michigan, Idaho, West Virginia, Nebraska, Iowa, Montana, Texas, 
Washington, Wyoming, Colorado, Illinois, North Dakota, Nevada, 
Vermont, Maine, New Hampshire, Oklahoma, Ohio, South Dakota, 
Indiana, Missouri, New Mexico, New Jersey, Tennessee, Arkansas, 
Connecticut, Pennsylvania, and Wisconsin. 

[103] 



CONSTITUTION OF THE UNITED STATES 
277. 

Senator Rebecca L. Felton was appointed during the recess of the 
Senate on October 3, 1922, to fill a vacancy, the first woman to sit in 
the Senate (VI, 156). Senator Walter F. George was elected to fill 
the vacancy on November 7, 1922. Mrs. Felton took the oath of 
office on November 21, 1922, and Senator George took the oath on 
November 22, 1922 (VI, 156). Discussion us to the term of service of 
a Senator appointed by a State executive to fill a vacancy (VI, 156). 

Decision of the court: 

U. S. v. Aczel (1915), 219 Fed., 917; 232 Fed., 652. 

AMENDMENT XVIII. 
[See Amendment XXI Which Repealed This Amendment] 

SECTION 1. [After one year from the ratification of 
o- ^- "this article the manufacture, sale or 

277. Prohibition . J 

transportation of intoxicating liquors 
within, the importation thereof into, or 
the exportation thereof from the United States and 

a The eighteenth amendment to the Constitution of the United 
States was proposed to the legislatures of the several States by the 
Sixty-fifth Congress on the 17th of December, 1917, and was declared 
in a proclamation by the Secretary of State dated January 29, 1919, 
to have been ratified by the legislatures of thirty-six of the forty-eight 
States. The dates of these ratifications were: From Mississippi, 
January 8, 1918; Virginia, January 10, 1918; Kentucky, January 14, 
1918; South Carolina, January 23, 1918; North Dakota, January 25, 
1918; Maryland, February 13, 1918; Montana, February 19, 1918; 
Texas, March 4, 1918; Delaware, March 18, 1918; South Dakota, 
March 20, 1918; Massachusetts, April 2, 1918; Arizona, May 22, 1918; 
Georgia, July 22, 1918; Louisiana, August 3, 1918; Florida, December 
14, 1918; Michigan, January 2, 1919; Oklahoma, January 7, 1919; 
Ohio, January 7, 1919; Tennessee, January 8, 1919; Idaho, January 8, 
1919; Maine, January 8, 1919; West Virginia, January 9, 1919; 
Washington, January 13, 1919; California, January 13, 1919; Arkansas, 
January 14, 1919; Illinois, January 14, 1919; Indiana, January 14, 
1919; Kansas, January 14, 1919; North Carolina, January 14, 1919; 

[104] 



CONSTITUTION OF THE UNITED STATES 

277, 

all territories subject to the jurisdiction thereof for 
beverage purposes is hereby prohibited. 

SECTION 2. The Congress and the several States 
shall have concurrent power to enforce this article 
by appropriate legislation. 

SECTION 3. This article shall be inoperative unless 
it shall have been ratified as an amendment to the 
Constitution by the legislatures of the several States, 
as provided in the Constitution, within seven years 
from the date of the submission hereof to the States 
by the Congress.] 

Decisions of the courts : 

National Prohibition Cases, 253 U. S., 350; Ex parte Dillon, 262 
Fed., 563; U. S. v. Colby, 265 Fed., 998; Ruppert v. Caffey, 251 U. S., 
264; U. S. v. Standard Brewery, 251 U. S., 210; Amos v. U. S., 255 
U. S., 313; Street v. Lincoln Safe Dep. Co., 254 U. S., 88; Cornell v. 
Moore, 257 U. S., 491; Hawes v. Georgia, 258 U. S., 1; Vigliotti v. 
Pennsylvania, 258 U. S., 403; Grogan v. Walker & Sons, 259 U. S., 80; 
Lipke v. Lederer, 259 U. S., 557; Regal Drug Co. v. Wardell, 260 U. S., 
386; U. S. v. Lanza, 260 U. S., 377; Dillon v. Gloss, 256 U. S., 368; 
Williams v. U. S., 255 U. S. 336; Hawke v. Smith, 253 U. S., 221; Ex 
parte Grossman, 267 U. S., 88; Hebert v. United States, 272 U. S., 312. 

Alabama, January 14, 1919; Iowa, January 15, 1919; Colorado, Janu- 
ary 15, 1919; Oregon, January 15, 1919; New Hampshire, January 15, 
1919; Utah, January 15, 1919; Nebraska, January 16, 1919. The 
amendment was subsequently ratified by the following States: Missouri, 
January 16, 1919; Wyoming, January 16, 1919; Minnesota, January 17, 
1919; Wisconsin, January 17, 1919; New Mexico, January 21, 1919; 
Nevada, January 21, 1919; Vermont, January 29, 1919; New York, 
January 29, 1919; Pennsylvania, February 25, 1919; and New Jersey, 
1922. 



[105] 



CONSTITUTION OF THE UNITED STATES 
278. 

AMENDMENT XIX, 

The right of citizens of the United States to vote 
278. woman shall not be denied or abridged by the 
suffuse. United States or by any State on 

account of sex. 

Congress shall have power to enforce this article 
by appropriate legislation. 

Decisions of the Supreme Court of the United States: 
Leser v. Garnett, 258 U. S., 130; Fairchild v. Hughes, 258 U. S., 126; 
Hawke t;. Smith, 253 U. S., 231. 

a The nineteenth amendment to the Constitution of the United States 
was proposed to the legislatures of the several States by the Sixty- 
sixth Congress on the 5th of June, 1919, and was declared in a proc- 
lamation by the Secretary of State dated August 26, 1920, to have 
been ratified by the legislatures of thirty-six of the forty-eight States. 
The dates of these ratifications were: Wisconsin, June 11, 1919; Illinois, 
June 10, 1919; Michigan, June 10, 1919; Ohio, June 16, 1919; Massa- 
chusetts, June 25, 1919; Iowa, July 2, 1919; Missouri, July 3, 1919; 
Nebraska, August 2, 1919; Montana, August 2, 1919; Minnesota, 
September 8, 1919; New Hampshire, September 10, 1919; Utah, 
October 2, 1919; California, November 1, 1919; Maine, Novembers, 
1919; Pennsylvania, June 27, 1919; Kansas, June 16, 1919; Arkansas, 
July 28, 1919; Texas, June 28, 1919; New York, June 16, 1919; South 
Dakota, December 4, 1919; North Dakota, December 5, 1919; Colo- 
rado, December 15, 1919; Rhode Island, January 6, 1920; Indiana, 
January 16, 1920; Kentucky, January 19, 1920; Oregon, January 13, 
1920; Wyoming, January 27, 1920; Nevada, February 7, 1920; Arizona, 
February 12, 1920; New Jersey, February 17, 1920; Oklahoma, Feb- 
ruary 28, 1920; West Virginia, March 13, 1920; New Mexico, February 
21, 1920; Idaho, February 11, 1920; Washington, March 22, 1920; 
Tennessee, August 24, 1920; Connecticut, September 14, 1920; Ver- 
mont, February 8, 1921. The amendment was rejected by Georgia, 
July 24, 1919; by Alabama, September 22, 1919; by South Carolina, 
January 29, 1920; by Virginia, February 12, 1920; by Maryland, 
February 24, 1920, and subsequently ratified, April 9, 1941; by Missis- 
sippi, March 29, 1920; by Louisiana, July 1, 1920, 

[106] 



CONSTITUTION OF THE UNITED STATES 

279. 

AMENDMENT XX. 

SECTION 1. The terms of the President and Vice 
279. commencement President shall end at noon on the 20th 
vi^e^sZLrs day of January, and the terms of 
and Representatives Senators and Representatives at noon 
on the 3d day of January, of the years in which such 
terms would have ended if this article had not been 
ratified; and the terms of their successors shall then 
begin. 

The ratification of this amendment to the Constitution shortened 

The twentieth amendment to the Constitution of the United 
States was proposed to the legislatures of the several States by the 
Seventy-second Congress, on March 3, 1932, and was declared in a 
proclamation by the Secretary of State dated February 6, 1933, to have 
been ratified by the legislatures of thirty-six of the forty-eight States. 
The dates of these ratifications were: Virginia, March 4, 1932; New 
York, March 11, 1932; Mississippi, March 16, 1932; Arkansas, March 
17, 1932; Kentucky, March 17, 1932; New Jersey, March 21, 1932; 
South Carolina, March 25, 1932; Michigan, March 31, 1932; Maine, 
April 1, 1932; Rhode Island, April 14, 1932; Illinois, April 21, 1932; 
Louisiana, June 22, 1932; West Virginia, July 30, 1932; Pennsylvania, 
August 11, 1932; Indiana, August 15, 1932; Texas, September 7, 1932; 
Alabama, September 13, 1932; California, January 4, 1933; North 
Carolina, January 5, 1933; North Dakota. January 9, 1933; Minnesota, 
January 12, 1933; Montana, January 13, 1933; Nebraska, January 13, 
1933; Oklahoma, January 13, 1933; Arizona, January 13, 1933; Kansas, 
January 16, 1933; Oregon, January 16, 1933; Wyoming, January 19, 
1933; Delaware, January 19, 1933; Washington, January 19, 1933; 
South Dakota, January 20, 1933; Tennessee, January 20, 1933; Iowa, 
January 20, 1933; Idaho, January 21, 1933; New Mexico, January 21, 
1933; Ohio, January 23, 1933; Utah, January 23, 1933; Missouri, 
January 23, 1933; Georgia, January 23, 1933; Massachusetts, January 
24, 1933; Wisconsin, January 24, 1933; Colorado, Janstury 24, 1933; 
Nevada, January 26, 1933; Connecticut, January 27, 1933; New 
Hampshire, January 31, 1933; Vermont, February 2, 1933; Maryland, 
March 24, 1933; Florida, April 26, 1933. 

[107] 



CONSTITUTION OP THE UNITED STATES 
279. 

the first term of President Franklin D. Roosevelt and Vice President 
John N. Garner, and all Senators and Representatives of the Seventy, 
third Congress. 

SECTION 2. The Congress shall assemble at least 
Meeting of once in every year, and such meeting 

confess. shall begin at noon on the 3d day pf 

January, unless they shall by law appoint a different 
day. 

Prior to the ratification of the twentieth amendment Congress met 
on the first Monday in December as provided in Article I, section 4, 
of the Constitution. 

The first session of the Seventy-fifth Congress mot. at noon on Tues- 
day, January 5, 1937, instead of Sunday, January !>, 1937, pursuant to 
the provisions of Pub. Res. 120 approved Juno 22, 1036 (49 Stat. 1826). 
See also Pub. Laws 395 and 819, 77th Cong. ; Pub. Law 210, 78th Cong.; 
Pub. Law 289, 79th Cong,; Pub. Law 358, 80th Cong.; Pub. Law 244, 
82d Cong., Pub. Law 199, 83d Cong.; Pub. Law 700, 83d Cong.; Pub. 
Law 85-290; Pub. Law 85-819; and Pub. Law 86-305. 

SECTION 3. If, at the time fixed for the beginning 
Death or ^ *ke term ^ the President, the Presi- 

disquamcationof dent elect shall have died, the Vice 
Presidentelect. president elect shall become President. 
If a President shall not have been chosen before the 
time fixed for the beginning of his term, or if the 
President elect shall have failed to qualify, then the 
Vice President elect shall act as President until a 
President shall have qualified ; and the Congress may 
by law provide for the case wherein neither a Presi- 
dent elect nor a Vice President elect shall have quali- 
fied, declaring who shall then act as President, or the 
manner in which one who is to act shall be selected, 
and such person shall act accordingly until a Presi- 
dent or Vice President shall have qualified. 

Congress has provided by law for the performance of the duties of 
the President in case of removal, death, resignation or inability, both 
of the President and Vice President (3 U. S. C. 19). 

[108] 



CONSTITUTION OF THE "UNITED STATES 

279, 280. 

Prior to the twentieth amendment to the Constitution there was 
no provision in the Constitution to take care of a case wherein the 
President elect was disqualified or had died. 

SECTION 4. The Congress may by law provide for 
congress to provide the case of the death of any of the 
persons from whom the House of Repre- 
sentatives may choose a President 
president. whenever the right of choice shall have 

devolved upon them, and for the case of the death of 
any of the persons from whom the Senate may choose 
a Vice President whenever the right of choice shall 
have devolved upon them. 

The above section changes the twelfth amendment insofar as it gives 
Congress the power to provide by law the manner in which the House 
should proceed in the event no candidate had a majority and one of the 
three highest on the list of those voted for as President had died. 

SECTION 5. Sections 1 and 2 shall take effect on 
the 15th day of October following the ratification of 
this article. 

SECTION 6. This article shall be inoperative unless 
it shall have been ratified as an amendment to the 
Constitution by the legislatures of three-fourths of 
the several States within seven years from the date 
of its submission. 

AMENDMENT XXI. 

SECTION 1. The eighteenth article of amendment 
280. Repeal of to the Constitution of the United 
prohibition. States is hereby repealed. 

a The twenty-first amendment to the Constitution of the United 
States was proposed to conventions of the several States by the Seventy- 
second Congress on the 20th of February, 1933, and was declared in a 

[109] 



CONSTITUTION OF THE UNITED STATES 
280. 

SECTION 2. The transportation or importation into 
Transportation into s^y State, Territory, or possession of 
statea prohibited. ^ United States for delivery or use 
therein of intoxicating liquors, in violation of the 
laws thereof, is hereby prohibited. 

SECTION 3. This article shall be inoperative unless 
it shall have been ratified as an amendment to the 
Constitution by conventions in the several States, as 
provided in the Constitution, within seven years 
from the date of the submission hereof to the States 
by the Congress, 

proclamation by the Acting Secretary of State dated December 5, 
1933, to nave been ratified by conventions in thirty-six of the forty- 
eight States. The dates of these ratifications were: Michigan, April 

10, 1933; Wisconsin, April 25, 1933; Rhode Island, May 8, 1933; 
Wyoming, May 25, 1933; New Jersey, June 1, 1933; Delaware, June 24, 
1933; Massachusetts, June 26, 1933; Indiana, June 26, 1933; New 
York, June 27, 1933; Illinois, July 10, 1933; Iowa, July 10, 1933; 
Connecticut, July 11, 1933; New Hampshire, July 11, 1933; California, 
July 24, 1933; West Virginia, July 25, 1933; Arkansas, August 1, 1933; 
Oregon, August 7, 1933; Alabama, August 8, 1933; Tennessee, August 

11, 1933; Missouri, August 29, 1933; Arizona, September 5, 1933; 
Nevada, September 5, 1933; Vermont, September 26, 1933; Colorado, 
September 26, 1933; Washington, October 3, 1933; Minnesota, October 
10, 1933; Idaho, October 17, 1933; Maryland, October 18, 1933; 
Virginia, October 25, 1933; New Mexico, November 2, 1933; Florida, 
November 14, 1933; Texas, November 24, 1933; Kentucky, November 
27, 1933; Ohio, December 5, 1933; Pennsylvania, December 5, 1933; 
Utah, December 5, 1933, The amendment was subsequently ratified 
by Maine on December 6, 1933. The convention held in the State of 
South Carolina on December 4, 1933, rejected the twenty-first amend- 
ment. 



[110] 



CH>NSHTTTTION OF THE UNITED STATES 

281. 

AMENDMENT XXIL* 

SECTION 1. No person shall be elected to the office 
281. NO person of the President more than twice, and 
FMritort^m no P ers ft w h has held the office of 
than twice. President, or acted as President, for 

more than two years of a term to which some other 
person was elected President shall be elected to the 
office of the President more than once. But this 
Article shall not apply to any person holding the 
office of President when this Article was proposed 
by the Congress, and shall not prevent any person 
who may be holding the office of President, or acting 
as President, during the term within which this 
Article becomes operative, from holding the office of 
President or acting as President during the remainder 
of such term. 

SECTION 2. This article shall be inoperative un- 
less it shall have been ratified as an amendment to the 
Constitution by the legislatures of three-fourths of 
the several States within seven years from the date of 
its submission to the States by the Congress. 

The twenty-second amendment to the Constitution of the United 
States was proposed to the legislatures of the several States by the 
Eightieth Congress on March 24, 1947, and was declared by the 
Administrator of General Services, in a proclamation dated March 1, 
1951, to have been ratified by the legislatures of thirty-six of the forty- 
eight States. The dates of these ratifications were: Maine, March 31, 
1947; Michigan, March 31, 1947; Iowa, April 1, 1947; Kansas, April 1, 
1947; New Hampshire, April 1, 1947; Delaware, April 2, 1947; Illinois, 
April 3, 1947; Oregon, April 3, 1947; Colorado, April 12, 1947; Cali- 
fornia, April 15, 1947; New Jersey, April 15, 1947; Vermont, April 15, 

[1111 



CONSTITUTION OF THJB UNITKD STATES 
281. 




30, 1951; New Mexico, February 12, 1051; Wyoming, February 12 
1951; Arkansas, February 15, 1951; Georgia, February 17, iggj! 
Tennessee, February 20, 1951; Texas, February 22, 1951- Nevada' 
February 26, 1951; Utah, February 20, 1951; Minnesota, February 27 
1951. The amendment was subsequently ratified by North Carolina' 
February 28, 1951; South Carolina, March 13, 1051 ; "Maryland March 
14, 1951; Florida, April 16, 1951; Alabama, May 4, 11)51.* 



112] 



JEFFERSON'S MANUAL 



[118] 



283, 284. 

JEFFERSQFS MAJDAI OP PARLIAMENTARY PRACTICE, 



SEC. I. IMPORTANCE OF ADHERING TO RULES. 

Mr. Onslow, the ablest among the Speakers of the 
283. Rmes as House of Commons, used to say, "It 
was a maxim he had often heard when 



privileges of 

minorities. he was a young man, from old and 

experienced Members, that nothing tended more to 
throw power into the hands of administration, and 

a Jefferson's Manual was prepared by Thomas Jefferson for his own 
guidance as President of the Senate in the years of his Vice-Presidency, 
from 1797 to 1801. In 1837 the House, by rule wiiich still exists, pro- 
vided that the provisions of the Manna,! should "govern the House in 
all cases to which they are applicable and in which they are not incon- 
sistent With the standing rules and orders df the House." Rule XLII; 
93S. In 1880 the committee which revised the rules of the House 
declared in their report that the Manual, "compiled as it was for the 
use of the Senate exclusively and made up almost wholly of collations 
of English parliamentary practice and decisions, it was never especially 
valuable as an authority in the House of Representatives, even in its 
early history, and for many years past has been rarely quoted in the 
House" (V, 6757). This statement, although sanctioned by high 
authority, is extreme, for in certain parts of the Manual are to be 
found the foundations of some of the most important portions of the 
House's practice. 

1 284. The ^he Manual is regarded by English parliamen- 

Manuaiasa tartans as the best statement of what tiae law of 

statement of Parliament was at the time Jefferson wrote it. Jef- 

parliamentary law, ferson himge tf s & ys> in tne p jafe ce o f the WOrk: 

"I could not doubt the necessity of quoting the sources of my infor- 
mation, among which Mr. Hatsel's most valuable book is preeminent; 
but as he has only treated some general heads, I have been obliged to 
recur to other authorities in support of a number of common rules of 
practice, to which his plan did not descend. Sometimes each- authority 

[UB 



JEFFERSON'S MANUAL 

284. 

those who acted with the majority of the House of 
Commons, than a neglect of, or departure from, the 
rules of proceeding; that these forms, as instituted by 
our ancestors, operated as a check and control on the 
actions of the majority, and that they were, in many 
instances, a shelter and protection to the minority, 
against the attempts of power/' So far the maxim 
is certainly true, and is founded in good sense, that 
as it is always in the power of the majority, by their 
numbers, to stop any improper measures proposed 
on the part of their opponents, the only weapons by 
which the minority can defend themselves against 
similar attempts from those in power are the forms 
and rules of proceeding which have been adopted as 

cited supports the whole passage. Sometimes it rests on all taken 
together. Sometimes the authority goes only to a part of the text, the 
residue being inferred from known rules and principles. For some of 
the most familiar forms no written axithority is or can be quoted, no 
writer having supposed it necessary to repeat what all were presumed 
to know. The statement of these must rest on ttieir notoriety. 

"I am aware that authorities can often be produced in opposition to 
the rules which I lay down as parliamentary. An attention to dates 
will generally remove their weight. The proceedings of Parliament 
in ancient times, and for a long while, were crude, multiform, and 
embarrassing. They have been, however, constantly advancing 
toward uniformity and accuracy, and have now attained a degree of 
aptitude to their object beyond which little is to be desired or expected, 

"Yet I am far from the presumption of believing that I may not have 
mistaken the parliamentary practice in some cases, and especially in 
those minor forms, which, being practiced daily, arc supposed known 
to everybody, and therefore have not been committed to writing. Our 
resources in this quarter of the globe for obtaining information on that 
part of the subject are not perfect. But I have begun a sketch, which 
those who come after me will successively correct and fill up, till a 
code of rules shall be formed for the use of the Senate, the effects of 

[116] 



CONSTITUTION OF THE UNITED STATES 

281. 

AMENDMENT XXII." 

SECTION 1. No person shall be elected to the office 
281. NO person of the President more than twice, and 
ptsidentm^ no person who has held the office of 
than twice. President, or acted as President, for 

more than two years of a term to which some other 
person was elected President shall be elected to the 
office of the President more than once. But this 
Article shall not apply to any person holding the 
office of President when this Article was proposed 
by the Congress, and shall not prevent any person 
who may be holding the office of President, or acting 
as President, during the term within which this 
Article becomes operative, from holding the office of 
President or acting as President during the remainder 
of such term. 

SECTION 2. This article shall be inoperative un- 
less it shall have been ratified as an amendment to the 
Constitution by the legislatures of three-fourths of 
the several States within seven years from the date of 
its submission to the States by the Congress. 

The twenty-second amendment to the Constitution of the United 
States was proposed to the legislatures of the several States by the 
Eightieth Congress on March 24, 1947, and was declared by the 
Administrator of General Services, in a proclamation dated March 1, 
1951, to have been ratified by the legislatures of thirty-six of the forty- 
eight States. The dates of these ratifications were: Maine, March 31, 
1947; Michigan, March 31, 1947; Iowa, April 1, 1947; Kansas, April 1, 
1947; New Hampshire, April 1, 1947; Delaware, April 2, 1947; Illinois, 
April 3, 1947; Oregon, April 3, 1947; Colorado, April 12, 1947; Cali- 
fornia, April 15, 1947; New Jersey, April 15, 1947; Vermont, April 15, 

[1111 



JEFFERSON'S MANUAL 

|287. 

or captiousness of the members. It is very material 
that order, decency, and regularity be preserved in a 
dignified public body. 2 Hats., 149. 



SEC. III. PRIVILEGE. 

The privileges of members of Parliament, from 
small and obscure beginnings, have 

$ 287. Privileges . . ' . 

of members of been advancing for centuries with a 
Parliament. ^^ ^^ never yielding pace. Claims 

seem to have been brought forward from time to time, 
and repeated, till some example of their admission 
enabled them to build law on that example. We can 
only, therefore, state the points of progression at 
which they now are. It is now acknowledged, 1st, 
That they are at all times exempted from question 
elsewhere, for anything said in their own House; that 
during the time of privilege, 2d. Neither a member 
himself, his, order H. of C. 1668, July 16, wife, nor his 
servants (f amiliares sui) , for any matter of their crwn, 
may be, Elsynge, 217; 1 Hats., 81; 1 Grey's Deb., 188, 
arrested on mesne process, in any civil suit: 3d. Nor 
be detained under execution, though levied before 
time of privilege: 4th. Nor impleaded, cited, or sub- 
poenaed in any court: 5th. Nor summoned as a witness 
or juror: 6th. Nor may their lands or goods be dis- 
trained: 7th. Nor their persons assaulted, or char- 
acters traduced. And the period of time covered by 
privilege, before and after the session, with the 

[118] 



288. 

practice of short prorogations under the connivance 
of the Crown, amounts in fact to a perpetual protec- 
tion against the course of justice. In one instance, 
indeed, it has been relaxed by the 10 G. 3, c. 50, 
which permits judiciary proceedings to go on against 
them. That these privileges must be continually 
progressive, seems to result from their rejecting all 
definition of them; the doctrine being, that "their 
dignity and independence are preserved by keeping 
their privileges indefinite; and that 'the maxims 
upon which they proceed, together with the method 
of proceeding, rest entirely in their own breast, and 
are not defined and ascertained by any particular 
stated laws/ " 1 Blackst., 168, 164. 

It was probably from this view of the encroaching 
288. Privilege character of privilege that the framers 
^^dlthe of our Constitution, in their care to 
constitution. provide that the laws shall bind equally 

on all, and especially that those who make them shall 
not exempt themselves from their operation, have 
only privileged "Senators and Representatives" 
themselves from the single act of "arrest in all cases 
except treason, felony, and breach of the peace, 
during their attendance at the session of their re- 
spective Houses, and in going to and returning from 
the same, and from being questioned in any other 
place for any speech or debate in either House. " 
Const. U. S., Art. 7, Sec. 6. Under the general 
authority "to make all laws necessary and proper 



JEFFERSON'S MANUAL 

5289. 

for carrying into execution the powers given them," 
Const. U. S., Art II, Sec. 8, they may provide by law 
the details which may be necessary for giving M 
effect to the enjoyment of this privilege. No such 
law being as yet made, it seems to stand at present on 
the following ground: 1. The act of arrest is void, ab 
initio. 2 Stra., 989. 2. The member arrested may 
be discharged on motion, 1 BL, 166; 2 Stra., 990 ;<x 
by habeas corpus under the Federal or State author- 
ity, as the case may be; or by a writ of privilege out 
of the chancery, 2 Stra., 989, in those States which 
have adopted that part of the laws of England. 
Orders of the House of Commons, 1550, February 20. 
3. The arrest being unlawful, is a trespass for which 
the officer and others concerned are liable to action 
or indictment in the ordinary courts of justice, as in 
other cases of unauthorized arrest. 4. The court 
before which the process is returnable is bound to act 
as in other cases of unauthorized proceeding, and 
liable, also, as in other similar cases, to have their 
proceedings stayed or corrected by the superior 
courts. 

The time necessary for going to, and returning 
289. privilege fj:omj Congress, not being defined, it 
will, of course, be judged of in every 



re urn ng. particular case by those who will have 

to decide the case. While privilege was understood 
in England to extend, as it does here, only to exemp- 
tion from arrest, eundo, morando, et redeundo, the 

[120] 



JEFFERSON'S MANUAL 

290, 291. 

House of Commons themselves decided that "a 
convenient time was to be understood." (1580,) 1 
Hats., 99, 100. Nor is the law so strict in point of 
time as to require the party to set out immediately 
on his return, but allows him time to settle his private 
affairs, and to prepare for his journey; and does not 
even scan his road very nicely, nor forfeit his pro- 
tection for a little deviation from that which is most 
direct; some necessity perhaps constraining him to it. 
Stra., 986, 987. 

This privilege from arrest, privileges, of course, 
$290 private of against all process the disobedience to 
Members as related which is punishable by an attachment 

to rights of courts to - _ , , 

summon witnesses oi the person; as a subpoena ad re- 
and jurors. spondendum, or testificandum, or a 

summons on a jury; and with reason, because a 
Member has superior duties to perform in another 
place. When a Representative is withdrawn from 
his seat by summons, the 40,000 people whom he 
represents lose their voice in debate and vote, as 
they do on his voluntary absence; when a Senator 
is withdrawn by summons, his State loses half its 
voice in debate and vote, as it does on his voluntary 
absence. The enormous disparity of evil admits no 
comparison. 

The House has decided that the summons of a court to Members to 
291. Attitude of attend and testify constituted a breach of privilege, 
the House as to and directed them to disregard the mandate (III, 

demands of the 2661); but in other cases wherein Members in- 

courts ' formed the House that they had been summoned be- 

fore the District Court of the United States for the District of Columbia 

[121] 



JKFFERK< )X'K MANUAL 
292 

or other courts, the House* 
ruary 
April ; 

April I _ / -....,-. ..,,,.. 

p. 1399; April 4, 1951, p. ftil>0;' April'*), U,H, p. ^,-,. ^ pri i p iqr, 

p. 3751, 3752; April 1, 1951, p. ;Wf>; June 4, !95i, p' G084" June 2 ' 

951, p 7001; September 18, i5I, ,,. 11571; September 27 Si J 

I 2 ^ !^^ ^ P- / M .^!l !*. .!^ P- ^ ( ^; March' lufe 




> 5; ' 7 : Apri W 9 ' 
mak " 



,r ' wwrarue w 

mittmg Members to waive their privilege, prelVrrin K (hat the Memba 
m each case should apply for permission (III, 2<HiO). Also in ma iZ 
nance of its privilege the House has refused to permit the Clerk to 
produce in court, in obedience to a summons, an original paper from 
the files but gave the court, facilities for nuikinj? copies (III, 2064 
Apr. 1 15 1948, p. 4552; April 2!), UMS, p. 5UH, 5Hi2; May 

' 



13 m ( { " ' ' 

13, 1950, p. 1765; September 22, 1050, p. iniilUi; April ti 

0; Oetobt>r20 ' 



1954 n 2> > I ,- ' - e 

;-tt^^^ 

^ House or a stat ,,,. (1 1 1, 2C,f ) ;i VI, 587; fi 

15, 1948, p. 4552; April 30, 1<).[8, p. 5HH,51(il>; Mav (i 1948 n 5/32 

^ H)5(i ' p- 1^'- ' 



d , 0pted each Con K"-' Provuk-s that/when the House 
adj Umod th;lt Mon.lu.rs, <,ffl w and employees M 
ap P ar i n response to subpenas duc.es tecum, but pro- 



K iu res ' )OI1H(! 
thttt 



tvrerevt h, > 

cLr'k of thl^, ' ^ **S ?, Urt muy oblaia C()I)i( ' s tlu>rpof through the 

Who^ Sw w (SC ^ L R S - 389 ' B( 'I>tr ia, i59, p. 19365). 

When either House desires the attendance, of a Member of the other 

f to.Sto evidence it is the practice to ask the House of 
W i 1Ch , he ls a Membor th ^ the Member have leave to 



T 

papers. - But iii one case, at least, the 

House to snm benat . e ( dld ot consider that its privilege forbade the 

the Secretarv oM n h n | f fflCCrS US a witllC88 ^ T > J 79 But whea 
the Secretary of the Senate was subpenaed to appear before a commit- 



[122] 



JEFFERSON'S MANUAL 

293,294. 

tee of the House with certain papers from the files of the Senate, the 
Senate discussed the question of privilege before empowering him to 
attend (III, 2665). 

So far there will probably be no difference of 
293. Power of the opinion as to the privileges of the two 
House to punish for Houses of Congress; but in the fol- 
contempts. lowing cases it is otherwise. In Decem- 

ber, 1795, the House of Representatives committed 
two persons of the name of Randall and Whitney 
for attempting to corrupt the integrity of certain 
Members, which they considered as a contempt and 
breach of the privileges of the House; and the facts 
being proved, Whitney was detained in confinement 
a fortnight and Randall three weeks, and was repri- 
manded by the Speaker. In March, 1796, the House 
of Representatives voted a challenge given to a 
Member of their House to be a breach of the privi- 
leges of the House; but satisfactory apologies and 
acknowledgments being made, no further proceed- 
ing was had. * * * 

The cases of Randall and Whitney (II, 1599-1603) were followed in 
1818 by the case of John Anderson, a citizen, who for 
the tourHn attempted bribery of a Member was arrested, tried, 

Anderson's case. and censured by the House (II, 1606). Anderson 
appealed to the courts and this procedure finally 
resulted in a discussion by the Supreme Court of the United States of 
the right of the House to punish for contempts, and a decision that the 
House by implication has the power to punish, since "public function- 
aries must be left at liberty to exercise the powers which the people 
have intrusted to them," and "the interests and dignity of those who 
created them require the exertion of the powers indispensable to the 
attainment of the ends of their creation. Nor is a casual conflict with 
the rights of particular individuals any reason to be urged against the 
exercise of such powers" (II, 1607; Anderson v. Dunn, 6 Wheaton 204). 
In 1828 an assault on the President's secretary in the Capitol gave 
rise to a question of privilege which involved a discussion of the in- 
herent power of the House to punish for contempt (II, 1615). Again 
in 1832, when the House censured Samuel Houston, a citizen, for 

[123] 



JEFFERSON'S MANUAL 

295,296. 

assault on a Member for words spoken in debate (II, 1616), there 
was a discussion by the House of the doctrine of inherent and implied 
power as opposed to the other doctrine that the House might exercise 
no authority not expressly conferred on it by the Constitution or the 
laws of the land (II, 1619). In 1S65 the House arrested and censured 
a citizen for attempted intimidation and assault on a member (11,1625)- 
in 1866, a citizen who had assaulted the clerk of a committee of the 
House in the Capitol was arrested by order of the House, but as there 
was not time to punish in the few remaining days of the session, the 
Sergeant-at-Arms was directed to turn the prisoner over to the civil 
authorities of the District of Columbia (II, 1(529); and in 1870 one 
Woods, who had assaulted a Member on his way to the House, was 
arrested on warrant of the Speaker, arraigned at the bar, and impris- 
oned for a term extending beyond the adjournment of the session 
although not beyond the terirTof the existing House (II, 1626-1628)! 
In 1876 the arrest and imprisonment by the House of Halle t Kilbournj 
a contumacious witness, resulted in a decision by the 
Supreme Co ^ <>f the United States that the House 
had no general power to punish for contempt, as in 
a case wherein it was proposing to coerce a witness in 
an inquiry not within the constitutional authority of the House. The 
Court also discussed the doctrine of inherent power to punish, saying in 
conclusion, "We are of opinion that the right of the House of Repre- 
sentatives to punish the citizen for a contempt of its authority on a 
breach of its privileges can derive no support from the precedents and 
practices of the two Houses of the English Parliament, nor from the 
adjudged cases in which the English courts have upheld these prac- 
tices. Nor, taking what has fallen from the English judges, and 
especially the later cases on which we have just commented, is much 
aid given to the doctrine, that this power exists as one necessary to 
enable either House of Congress to exercise successfully their function 
of legislation. This latter proposition is one that we do not propose 
to decide in the present case, because we are able to decide it without 
passing upon the existence or nonexistcnce of such a power in aid of 
the legislative function" (108 U. S., 189; II, 1611). In 1894, in the 
case of Chapman, another contumacious witness, the Supreme Court 
affirmed the undoubted right of either House of Congress to punish 
for contempt in cases to which its power properly extends under the 
expressed terms of the Constitution (II, 1014; In Re Chapman, 166 
U. S. 661). The nature of the punishment which the House may inflict 
was discussed by the Court in Anderson's case (II, 1607; Anderson v. 
Dunn, 6 Wheaton 204). 

In the case of Marshall v. Gordon, 243 U. S., 521, the Court stated: 
5296 Decision of Appellant while United States Attorney for the 

the court in Mar- Southern District of New York conducted a grand jury 
shall D. Gordon. " investigation which led to the indictment of a Mem- 
ber of the House of Representatives. Acting on 
charges of misfeasance and nonfeasance made by the Member against 
appellant in part before the indictment and renewed with additions 
afterward, the House by resolution directed its Judiciary Committee 
to make inquiry and report concerning appellant's liability to impeach- 

[124] 



JEFFEKSON S MANUAL 

296. 

merit. Such inquiry being in progress through a subcommittee, 
appellant addressed to the subcommittee's chairman, and gave to 
the press, a letter, charging the subcommittee with an endeavor to 
probe into and frustrate the action of the grand jury, and couched in 
terms calculated to arouse the indignation of the members of that 
committee and those of the House generally. Thereafter, appellant 
was arrested in New York by the Sergeant at Arms pursuant to a reso- 
lution of the House whereby the letter was characterized as defama- 
tory and insulting and as tending to bring that body into public con- 
tempt and ridicule, and whereby appellant in writing and publishing 
such letter was adjudged to be in contempt of the House in violating 
its privileges, honor, and dignity. He applied for habeas corpus. 

The court held that the proceedings concerning which the alleged 
contempt was committed were not impeachment proceedings; that, 
whether they were impeachment proceedings or not, the House was 
without power by its own action, as distinct from such action as might 
be taken under criminal laws, to arrest or punish for such acts as were 
committed by appellant. 

No express power to punish for contempt was granted to the House 
of Representatives save the power to deal with contempts committed 
by its own Members (Art. I, 5) . The possession by Congress of the 
commingled legislative and judicial authority to punish for contempts 
which was exerted by the House of Commons is at variance with the 
view and tendency existing in this country when the Constitution was 
adopted, as evidenced by the manner in which the subject was treated 
in many State constitutions, beginning at or about that time and con- 
tinuing thereafter. Such commingling of powers would be destructive 
of the basic constitutional distinction between legislative, executive, 
and judicial power, and repugnant to limitations which the Constitu- 
tion fixes expressly; hence there is no warrant whatever for implying 
such a dual power in aid of other powers expressly granted to Congress. 
The House has implied power to deal directly with contempt so far as 
is necessary to preserve and exercise the legislative authority expressly 
granted. Being, however, a power of self-preservation, a means and 
not an end, the power does not extend to infliction of punishment, as 
such; it is a power to prevent acts which in and of themselves inherently 
prevent or obstruct the discharge of legislative duty and to compel the 
doing of those things which are essential to the performance of the 
legislative functions. As pointed out in Anderson v. Dunn, 6 Wheat., 
204, this implied power in its exercise is limited to imprisonment during 
the session of the body affected by the contempt. 

[125] 



JEFFERSON'S MANUAL 

297. 

The authority does not cease when the act complained of has been 
committed, but includes the right to determine in the use of legitimate 
and fair discretion how far from the nature and character of the act 
there is necessity for repression to prevent immediate recurrence, i. e,, 
the continued existence of the interference or obstruction to the exercise 
of legislative power. In such case, unless there be manifest an absolute 
disregard of discretion, and a mere exertion of arbitrary power coming 
within the reach of constitutional limitations, tho exercise of the au- 
thority is not subject to judicial interference. The power is the same 
in quantity and quality whether exerted on behalf of the impeachment 
powers or of the others to which it is ancillary. The legislative power 
to provide by criminal laws for the prosecution and punishment of 
wrongful acts is not here involved. 

See also (McGrain v. Daugherty, 273 U. S., 135; Sinclair v. United 
States, 279 U. S., 263; Jurney v. MacCracken, 294 U. S., 125). 

* * * The editor of the Aurora having, in his 
paper of February 19, 1800, inserted 

297. Jefferson's r ^ IT/. 

statement of aw- some paragraphs defamatory of the 

ments for inherent ,-, , T r- i t i 

power to pumsh for Senate, and failed m his appearance, 
contempt. j^ wag orc j ere( } ^o be committed. In 

debating the legality of this order, it was insisted, 
in support of it, that every man, by the law of 
nature, and every body of men, possesses the right 
of self-defense; that all public functionaries are 
essentially invested with the powers of self-preser- 
vation; that they have an inherent right to do all 
acts necessary to keep themselves in a condition to 
discharge the trusts confided to them ; that whenever 
authorities are given, the means of carrying them 
into execution are given by necessary implication; 
that thus we see the British Parliament exercise the 
right of punishing contempts; all the State Legis- 
latures exercise the same power, and every court 

[126] 



JEFFERSON'S MANUAL 

298. 

does the same; that, if we have it not, we sit at the 
mercy of every intruder who may enter our doors or 
gallery, and, by noise and tumult, render proceeding 
in business impracticable; that if our tranquillity is 
to be perpetually disturbed by newspaper defama- 
tion, it will not be possible to exercise our functions 
with the requisite coolness and deliberation; and 
that we must therefore have a power to punish these 
disturbers of our peace and proceedings. * * * 
* * * To this it was answered, that the Parlia- 

298. statement or ment ^ courts of England have cog- 
anmments against nizance of contempts by the express 

the inherent power . . . . _ 

to punish for con- provisions of their law; that the State 
tempts. Legislatures have equal authority be- 

cause their powers are plenary; they represent their 
constituents completely, and possess all their powers, 
except such as their constitutions have expressly 
denied them; that the courts of the several States 
have the same powers by the laws of their States, and 
those of the Federal Government by the same State 
laws adopted in each State, by a law of Congress; that 
none of these bodies, therefore, derive those powers 
from natural or necessary right, but from express law; 
that Congress have no such natural or necessary 
power, nor any powers but such as are given them 
by the Constitution; that that has given them, 
directly, exemption from personal arrest, exemption 
from question elsewhere for what is said in their 
House, and power over their own members and pro- 

[127] 



JEFFERSON S MANUAL 

ceedings; for these no further law is necessary, the 
Constitution being the law; that, moreover, by that 
article of the Constitution which authorizes them "to 
make all laws necessary and proper for carrying into 
execution the powers vested by the Constitution in 
them/' they may provide by law for an undisturbed 
exercise of their functions, e. g. ? for the punishment 
of contempts, of affrays or tumult in their presence, 
&c.; but, till the law be made, it does not exist; and 
does not exist, from their own neglect; that, in the 
meantime, however, they are not unprotected, the 
ordinary magistrates and courts of law being open 
and competent to punish all unjustifiable disturbances 
or defamations, and even their own sergeant, who 
may appoint deputies ad libitum to aid him, S Grey, 
59, 147, S55, is equal to small disturbances; that in 
requiring a previous law, the Constitution had regard 
to the inviolability of the citizen, as well as of the 
Member; as, should one House, in the regular form 
of a bill, aim at too broad privileges, it may be checked 
by the other, and both by the President; and also as, 
the law being promulgated, the citizen will know how 
to avoid offense. But if one branch may assume its 
own privileges without control, if it may do it on the 
spur of the occasion, conceal the law in its own 
breast, and, after the fact committed, make its sen- 
tence both the law and the judgment on that fact; 
if the offense is to be kept undefined and to be declared 
only ex re nata, and according to the passions of the 

[128] 



JEFFERSON S MANUAL 
301. 

col 2; 648, col. L PeL MisceL ParL, 119. Lex. 
Parl, c. 23. 2 Hats., 22, 62. 

The Constitution of the United States limits Uie broad Parliamentary 
privilege to the time of attendance on sessions of Congress, and of going 
to and returning therefrom. In a case wherein a Moraber was im- 
prisoned during a recess of Congress, he remained in confinement until 
the House, on assembling, liberated him (III, 2570). 

It is recognized in the practice of the House that a member maybe 
named of a committee before he is sworn, and in some cases Members 
have not taken the oath until long afterwards (IV, 4483). In one case, 
wherein a Member did not appear to take the oath, the Speaker with the 
consent of the House appointed another Member to the committee place 
(IV, 4484). The status of a Member-elect under the Constitution 
undoubtedly differs greatly from the status of a Member-elect under the 
law of Parliament. In various inquiries by committees of the House 
this question has been examined, with the conclusions that a Member 
elect becomes a Member from the very beginning of the term to which 
he was elected (I, 500), that he is as much an officer of the Government 
before taking the oath as afterwards (I, 185), and that his status is 
distinguished from that of a Member who has qualified (I, 183, 184). 
Members-elect may resign or decline before taking the oath (II, 1230- 
1233, 1235), and in one case a Member-elect was expelled (I, 476; II, 
1262). The names of Members who have not been sworn are not 
entered on the roll from which the yeas and nays are called for entry on 
the Journal (V, 6048; VIII, 3122). 

Every man must, at his peril, take notice who are 



301. Kerens of members of either House returned of 

Members and 

others to privilege, record. Leo;. ParL, 23; 4 Inst., 24- 

On complaint of a breach of privilege, the party 
may either be summoned, or sent for in custody of 
the sergeant. 1 Grey, 88, 95. 

The privilege of a Member is the privilege of the 
House. If the Member waive it without leave, it is 
a ground for punishing him, but cannot in effect 
waive the privilege of the House. 8 Grey, 140, 

[ISO] 



JEITERSON'S MANUAL 

302. 303. 

Although, the privilege of Members of the House of Representatives 
is limited by the Constitution, these provisions of the Parliamentary 
law are applicable, and persons who have attempted to bribe Members 
(II, 1599, 1606), assault them for words spoken in debate (II, 1617, 
1625) or interfere with them while on the way to attend the sessions 
of the House (II, 1626), have been arrested by order of the House by 
the Sergeant-at-Arms, "wherever to be found." The House has 
declined to make a general rule to permit Members to waive their 
privilege in certain cases, preferring to give or refuse permission in each 
individual case (III, 2660-2662). 

For any speech or debate in either House, they 
shall not be questioned in any other 
302. Pariiamen- place. Const. U. S., I, 6; S. P. protest 
of the Commons to James I, 1621; 2 

Ra Pi n > No - 6 4 PP-> 211 > 21 %- But thi s is 
or debate. restrained to things done in the House 

in a parliamentary course. 1 Rush, 
663. For he is not to have privilege contra morem 
parKamentarium, to exceed the bounds and limits 
of his place and duty. Com. p. 

If an offense be committed by a member in the 

House, of which the House has cogni- 
1 f zance, it is an infringement of their 

right for any person or court to take 

notice of it till the House has punished 
the offender or referred him to a due course. Lex. 
ParL 9 63. 

Privilege is in the power of the House, and is a 
restraint to the proceeding of inferior courts, but not 
of the House itself. 8 Nalson, 450; 2 Grey, 899. For 
whatever is spoken in the House is subject to the cen- 
sure of the House; and offenses of this kind have been 

[131] 



JEFFERSON'S MANUAL 

304, 305. 

severely punished by calling the person to the bar 
to make submission, committing him to the tower, 
expelling the House, &c. Scab., 72; L. ParL, c. 22. 
804. Breach of It is a breach of order for the Speaker 

t^tl e ^SSr to refuse to P ut a question which is in 
which i in order, order. 1 Hats., 175-6; 5 Grey, 188. 

Where the Clerk, presiding during organization of the House, de- 
clined to put a question, a Member put the question from the floor 
(I, 67). 

And even in cases of treason, felony, and breach of 
the peace, to which privilege does not 
extend as to substance, yet in Parlia- 
iege as relate* to m ent a member is privileged as to the 

treason, felony, etc. .f o v UAA ^ 

mode of proceeding. The case is first to 
be laid before the House, that it may judge of the fact 
and of the ground of the accusation, and how far 
forth the manner of the trial may concern their 
privilege; otherwise it would be in the power of other 
branches of the government, and even of every private 
man, under pretenses of treason, &c., to take any 
man from his service in the House, and so, as many, 
one after another, as would make the House what he 
pleaseth. Dec'l of the Com. on the King's declaring 
Sir John Hotham a traitor. 4 Rushw., 586. So, when 
a member stood indicted for felony, it was adjudged 
that he ought to remain of the House till conviction; 
for it may be any man's case, who is guiltless, to be 
accused and indicted of felony, or the like crime, 
23 El, 1580; D'Ewes, 288, col. 1; Lex. ParL, 138. 

[132] 



JEFFERSON'S MANUAL 

{$ 310, 311. 

SEC. VI. QUORUM. 
* * * * * 

In general the chair is not to be taken till a quorum 
$3io. Necessity of for business is present; unless, after due 
biTeZ w!L* waiting, such a quorum be despaired of, 
debate. when the chair may be taken and the 

House adjourned. And whenever, during business, 
it is observed that a quorum is not present, any 
member may call for the House to be counted, and 
being found deficient, business is suspended, 8 Hats. y 
125, 126. 

In the House of Representatives the Speaker takes the Chair at the 
hour to which the House stood adjourned, the question of quorum not 
being considered unless raised (IV, 2733; VI, 624), and it is not in- 
cumbent on the Chair to ascertain the presence of a quorum unless 
the point is raised (VI, 565). According to the earlier and later 
practice of the House the presence of a quorum is necessary during 
debate and other business (IV, 2935-2949). 

SEC. VII. CALL OF THE HOUSE 

On the call of the House, each person rises up as he 
is called, and answereth; the absentees 

$311. Partiamen- ,11 j. J V j. A U 

tary ruiee for caii are then only noted, but no excuse to be 

of the Hoose. 



Then the absentees are called a second time, and if 
still absent, excuses are to be heard. Ord. House of 
Commons, 92. 

They rise that their persons may be recognized ; the 
voice, in such a crowd, being an insufficient verifica- 
tion of their presence. But in so small a body as the 



[135] 



JEFFERSON'S MANUAL 

313, 314. 

Speaker should be elected by a majority of all present (I, 215), and in 
1879 that he might be elected by a majority of those present, if a 
quorum, and that a majority of all the Members was not required 
(I, 216). In two instances the House chose a Speaker by plurality oi 
votes, but confirmed the choice by majority vote (I, 221). On several 
occasions the choice of Speaker has been delayed for several weeks by 
contests (I, 222; V, 5356, 6647, 6649; VI, 24). 

In the Senate, a President pro tempore, in the ab- 
sence of the Vice-President, is proposed 

313. Election of ^ ^ 

president pro tem- and chosen by ballot. His office is 
pore of the senate. un( j ers t O od to be determined on the 
Vice-President's appearing and taking the chair, or 
at the meeting of the Senate after the first recess. 

In the later practice the President pro tempore has usually been 
chosen by resolution. In 1876 the Senate determined that the tenure 
of office of a President pro tempore elected at one session does not 
expire at the meeting of Congress after the first recess, the Vice-Presi- 
dent not having appeared to take the chair; that the death of the Vice- 
President does not have the effect to vacate the office of President pro 
tempore; and that the President pro tempore holds office at the pleasure 
of the Senate (II, 1417). 

Where the Speaker has been ill, other Speakers pro 
314. Pariiamen- tempore have been appointed. In- 
stances of this are 1 H., 4* Sir John 
Cheyney, and Sir William Sturton, and 
in 15 H., 6. Sir John Tyrrel, in 1656, January 27; 
1658, March 9; 1659, January 13. 

Sir Job Charlton ill, Seymour' 
chosen, 1673, February 18. 

Seymour being ill, Sir Robert 
Sawyer chosen, 1678, April 15. 

Sawyer being ill, Seymour 
chosen. 

[137] 



Not merely pro 
tempore. 1 Chand., 
169, 276, 277. 



JEFFERSON'S MANUAL 

315,316. 

Thorpe in execution, a new Speaker chosen, 81 H. 
VI, S Grey, 11; and March 14, 1694, Sir John Trevor 
chosen. There have been no later instances. 



The House of Representatives, by Rule 1, cl. 7, has provided for 
appointment and election of Speakers pro tempore. 

A Speaker may be removed at the will of the 
3i5.Eemovaiof House, and a Speaker pro tempore ap- 
the Beaker. pointed, f Grey, 186; 5 Grey, 134. 

The House of Representatives has never removed a Speaker; but it 
has on several occasions removed or suspended other officers, as Clerk 
and Doorkeeper (I, 287-290, 292; II, 1417), who are officers classed by 
the Constitution in the phrase "the House of Representatives shall 
choose their Speaker and other officers." A resolution for the removal 
of an officer is presented as a matter of privilege (I, 284-286; VI, 35), 
and a resolution declaring the office of Speaker vacant presents a ques- 
tion of constitutional privilege (VI, 35). 

SEC. X. ADDRESS. 
***** 

A joint address of both Houses of Parliament is read 
isle. Addresses by the Speaker of the House of Lords, 
to the president. j t may fa Bended by both Houses in a 
body, or by a Committee from each House, or by the 
two Speakers only. An address of the House of Com- 
mons only may be presented by the whole House, or 
by the Speaker, 9 Grey, 473; 1 Chandler, S98, 301; or 
by such particular members as are of the privy coun- 
cil. 2 Hats., 



In the first years of Congress the President annually delivered an 
address to the two Houses in joint meeting, and the House of Repre- 



[138] 



5317. 

sentatives then prepared an address, which the Speaker, attended by 
the House, carried to the President. A joint rule of 1789 also provided 
for the presentation of joint addresses of the two Houses to the Presi- 
dent (V, 6630). In 1876 the joint rules of the House were abrogated, 
including the joint rule providing for presentation of the joint addresses 
of the two Houses to the President (V, 6782-6787). In 1801 President 
Jefferson transmitted a message "in writing" and discontinued the 
practice of making addresses in person. From 1801 to 1913 all mes- 
sages were sent in writing (V, 6629), but President Wilson resumed 
the custom of making addresses in person on April 8, 1913, and, with 
the exception of President Hoover (VIII, 3333), the custom has been 
followed generally by subsequent Presidents. 

SEC. XI. COMMITTEES. 

Standing committees, as of Privileges and Elec- 
3i7. Appoint- tions, &c., are usually appointed at the 
first meeting, to continue through the 
session. The person first named is 
thereof. generally permitted to act as chairman. 

But this is a matter of courtesy; every committee 
having a right to elect their own chairman, who pre- 
sides over them, puts questions, and reports their pro- 
ceedings to the House. 4 inst., 11, 12; Scob., 9; 1 
Grey, 122. 

Prior to the Sixty-second Congress, standing as well as select commit- 
tees and their chairmen were appointed by the Speaker, but under the 
present form of Bule X, adopted in 1911 and continued as a part of the 
Legislative Reorganization Act of 1946, committees and their respective 
chairmen are elected by the House (IV, 4448; VIII, 2178). Owing 
to their number and size, committees are not usually elected immedi- 
ately, but resolutions providing for such elections are presented by 
the majority and minority parties as soon as they are able to perfect 
the lists. A committee may order its report to be made by the chair- 
man, or by some other member (IV, 4669) 3 even by a member of the 
minority party (IV, 4672, 4673), or by a delegate, July 1, 1958 (Burns 
of Hawaii) p. 12871; and the chairman sometimes submits a report 
in which he has not concurred (IV, 4670; see also 735). 

[139] 



JEFFERSON'S MANUAL 

{} 318-320. 

At these committees the members are to speak 
standing, and not sitting; though there 

318. Partia- c * / . . . /> .. 

mentaryiawaaio { s reason to conjecture it was formerly 
SSi*"** otherwise. D'Ewes, 680, col. 1; 4 Parl 

committees. gfa^ J^Q. % fJatS., 77. 

Their proceedings are not to be published, as they 

3w secrecy of are ojf G0 force *^ confirmed by the 
70 



HOUSQ. Rushw., part 3, vol. 2, 74; 8 
Grey, 401; Scob., 39. * * * 

In the House of Representatives it is entirely within rule and usage 
for a committee to conduct its proceedings in secret (IV, 455&-4564; 
56e also 735), and the House itself may not abrogate the secrecy of 
a committee's proceedings except by suspending the rule (IV, 4565). 
The House has no information concerning the proceedings of a com- 
mittee not officially reported by the committee (VII, 1015) and it is 
not in order in debate to refer to proceedings of a committee which 
have not formally been reported to the House (V, 5080-5083; VIII, 
2269, 2485, 2493, June 24, 1958, p. 12120, 12122). A member was, 
however, permitted to refer to the unreported proceedings of a sub- 
committee to justify his point of order that a resolution providing for 
a select committee to inquire into action of the subcommittee was not 
privileged (June 30, 1958, p. 12690-91). In one case the House 
authorized the clerk of a committee to disclose by deposition its pro- 
ceedings (III, 2604). Where a committee takes testimony it is some- 
times very desirable that the proceedings be secret (III, 1694), as in 
the investigation in the Bank of the United States in 1834, when the 
committee determined that its proceedings should be confidential, not 
to be attended by any person not invited or required (III, 1732). It 
is for the committee to determine, in its discretion, whether the pro- 
ceedings of the committee shall be open or not ( 735). Thus, in the 
case of Roberts, the committee permitted its meetings to be attended by 
the public, and allowed its proceedings to be published (I, 475, footnote) . 

Under Kule XI, cl. 26 (g), all hearings conducted by standing com- 
mittees shall be open to the public, except executive sessions for 
marking up bills or for voting or where the committee by a majority 
vote orders an executive session. 



5320. Reception * * Nor can they receive a peti- 

tion but through the House. 9 Grey, 
412. 



[140] 



JEFFERSON'S 

321-323. 

When a committee is charged with an inquiry, if a 
32i. Puma- Member prove to be involved, they can 

not proceed against him, but must make 
a special report to the House; where- 
upon the Member is heard in his place, 
or at the bar, or a special authority is given to the 
committee to inquire concerning him. 9 Grey, 523. 

While the authority of this principle has not been questioned by the 
5 322. Practice House, there have in special instances been deviations 

of House when a from it. Thus, in 1832, when a Member had been 
committee inquiry slain in a duel, and the fact was notorious that all the 
involves a principals and seconds were Members of the House, 

the committee, charged only with investigating the 
causes and whether or not there had been a breach of privilege, reported 
with their findings recommendations for expulsion and censure of the 
Members found to be implicated. There was criticism of this method 
of procedure as deviating from the rule of Jefferson's Manual, but the 
House did not recommit the report (II, 1644) . In 1857, when a com- 
mittee charged with inquiring into accusations against Members not 
named found certain Members implicated, they gave them copies of 
the testimony and opportunities to explain to the committee, under 
oath or otherwise, as they individually might prefer (III, 1845), but 
reported recommendations for expulsion without first seeking the order 
of the House (II, 1275; III, 1844). In 1859 and 1892 a similar pfoce- 
dure occurred (III, 1831, 2637) . But the House, in a case wherein an in- 
quiry had incidentally involved a Member, evidently, considered the 
parliamentary law as applicable, since it admitted as of privilege and 
agreed to a resolution directing the committee to report the charges 
(III, 1843). And in cases wherein testimony taken before a joint 
committee incidentally impeached the official characters of a Member 
and a Senator, the facts in each case were reported to the House in- 
terested (III, 1854). 

And where one House, by its committee, has found a Member of the 
323 inquiries other implicated, the testimony has been transmitted 

involving (II, 1276; III, 1850, 1852, 1853). Where such testi- 

M embers of mony was taken in open session of the committee, it 

other House. was no ^ thought necessary that it be under seal 

when sent to the other House (III, 1851). 

[141] 



JEITORSON'S 3f ANTJAL 

5324,325. 

So soon as the House sits, and a committee is noti- 
5 3M. Duty of &ed of it, the chairman is in duty bound 
chairman of a to ^ instantly, and the members to 

committee when ". 

fee House si*. attend the service 01 tne House. # 



., 919. 

Rule XI provides that the Committee on Government Operations, 
the Committee on Rules and the Committee on Un-American Activ- 
ities may sit, without special leave, during the sitting of the House 
( 739). Leave for a committee to sit during sessions of the House 
does not release its members from liability to arrest during a call of the 
House (IV, 3020) . A request that a committee have leave to sit during 
sessions of the House has no privileged status in the order of business, 
and may be prevented by a single objection (IV, 4547) . 

It appears that on joint committees of the Lords 
325. Action of ^d Commons each committee acted 
joint committees, integrally in the following instances: 7 
Grey, 261, 278, 285, 338; 1 Chandler, 857, 4-62. In the 
following instances it does not appear whether they 
did or not: 6 Grey, 129; 7 Grey, 213, 229, 321. 

I^is the practice in Congress that joint committees shall vote per 
capita, and not as representatives of the two Houses (IV, 4425), 
although the membership from the House of Representatives is usually, 
but not always (IV, 4410), larger than that from the Senate (III, 1946; 
IV, 4426-4431). But ordinary committees of conference appointed to 
settle differences between the two Houses are not considered joint 
committees, and the managers of the two Houses vote separately (V, 
6336). A quorum of a joint committee seems to have been considered 
to be a majority of the whole number rather than a majority of the 
membership of each House (IV, 4424). The first named of the Senate 
members acted as chairman in one notable instance (IV, 4424), and 
in another the joint committee elected its chairman (IV, 4447) . 



[142] 



JEFFERSON'S MANUAL 

326. 
SEC. XII. COMMITTEE OF THE WHOLE. 

The speech, messages, and other matters of great 
5326. Pariia- concernment are usually referred to a 

ZSZS5 Committee of the Whole House (6 Grey, 
the moie. Sll}, where general principles are di- 

gested in the form of resolutions, which are debated 
and amended till they get into a shape which meets 
the approbation of a majority. These being reported 
and confirmed by the House are then referred to one 
or more select committees, according as the subject 
divides itself into one or more bills. Scob., 86, 44- 
Propositions for any charge on the people are espe- 
cially to be first made in a Committee of the Whole. 
S Hats., 127. The sense of the whole is better taken 
in committee, because in all committees everyone 
speaks as often as he pleases. Scob., 49. * * * 

This provision is largely obsolete, the House of Representatives 
having by its rules and practice provided specifically for procedure in 
Committee of the Whole, and having also by its rules for the order of 
business left no privileged status for motions to go into Committee of 
the Whole on matters not already referred to that committee. The 
Committee of the Whole no longer originates resolutions or bills, but 
receives such as have been formulated by standing or select committees 
and referred to it; and when it reports, the House usually acts at once 
on the report without reference to select or other committees (IV, 4705). 
The only survival of the parliamentary usage is the practice of referring 
annual messages of the President to Committee of the Whole, to be 
there considered and reported, with recommendations for the refer- 
ence of the various portions to the proper standing or select com- 
mittees (V, 6621, 6622). Executive communications submitted to 
implement the proposals contained in the State of the Union Mes- 
sage are referred by the Speaker to the various committees having 
jurisdiction over the subject matter therein. 

[143] 



JEFFERSON'S MANUAL 

55327-329. 

* * * They generally acquiesce in the chair- 
1 327. sdccon man named by the Speaker; but, as 
ofciiinnanof w ^ ^ s ^ other committees, have a 

Committee of the 

whole, right to elect one, some member, by 

consent, putting the question. Scob., 86; 3 Grey, 
SOL * * * 

The House of Representatives (by Rule XXIII, cl. 1) gives the 
authority to appoint the Chairmen of the Committee of the Whole to 
the Speaker (IV, 4704). 

* * * The form of going from the House into 
i 828. Form of committee, is for the Speaker, on 
o^nutoeofthe motion, to put the question that the 
whole. House do now resolve itself into a 
Committee of the Whole to take into consideration 
such a matter, naming it. If determined in the 
affirmative, he leaves the chair and takes a seat 
elsewhere, as any other Member; and the person 
appointed chairman seats himself at the Clerk's 
table. Scob., 36. * * * 

This is the form in the House of Representatives, except that the 
Chairman of the Committee of the Whole seats himself in the Speaker's 
chair. 

* * * Their quorum is the same as that of the 
329. Quorum in House; and if a defect happens, the 
committee of the chairman, on a motion and question, 

Whole. ji m i , , 

rises, the Speaker resumes the chair 
and the chairman can make no other report than 
to inform the House of the cause of their dissolu- 
tion. * * * 



[144] 



JEFFEESON-'S MA3STUAL 

330, 331. 

Until 1890 the quorum of the Committee of the Whole of the House 
of Representatives was the same as the quorum of the House; but in 
1890 the rule (XXIII, cl. 2) fixed it at one hundred (IV, 2966). The 
same rule provides specifically the procedure in case of failure of a 
quorum. 

* * * If a message is announced during a 
330. Rising of committee, the Speaker takes the chair 
^Jut^f* an d receives it, because the ftOTnTmtt.ee 

messages. can no t. g HdlS., 125, 126. 

In the House of Representatives the committee rises informally to 
receive a message, without question being put (IV, 4786, footnote) ; but 
at this rising the House may not have the message read or transact 
other business except by unanimous consent (IV, 4787-4791). 

In a Committee of the Whole, the tellers on a divi- 
5331. Quarrels sion differing as to numbers, great heats 
and confusion arose, and danger of a de- 
cision by the sword. The Speaker took 
relation thereto. the chair, the mace was forcibly laid on 
the table; whereupon the Members retiring to their 
places, the Speaker told the House "he had taken the 
chair without an order to bring the House into order." 
Some excepted against it; but it was generally ap- 
proved as the only expedient to suppress the disorder. 
And every Member was required, standing up in his 
place, to engage that he would proceed no further in 
consequence of what had happened in the grand com- 
mittee, which was done. S Grey, 128. 

In the House of Representatives the Speaker has on several occasions 
taken the chair "without an order to bring the House into order" (II, 
1648-1653), but that being accomplished he may yield to the chairman 
that the committee may rise in due form (II, 1349). In one instance, a 
Member having defied and insulted the chairman, he left the chair, and, 

[145] 



S MANUAL 

55332,333. 

on the chair being taken by the Speaker, reported the facts to the House 
(II, 1653). In several cases Members who have quarrelled have made 
explanation and reconciled their difficulties (II, 1651), or have been 
compelled by the House to apologize "for violating its privilege and 
offending its dignity" (II, 1648, 1650). 
In the House of Eepresentatives one-fifth of a quorum orders tellers. 

A Committee of the Whole being broken up in 
disorder, and the chair resumed by the 

5 332. Effect of ' 11 -re- 

breaking up of Speaker without an order, the House 

Committee of the r .. ., ,, , - 

whole by was adjourned. The next day the 

******' committee was considered as thereby 

dissolved, and the subject again before the House; 
and it was decided in the House, without returning 
into committee. S Grey, ISO. 

This provision is obsolete, since in the practice of the House of Repre- 
sentatives there are but two committees of the whole, which are in their 
nature standing committees, with calendars of business. They are 
never dissolved, and bills remain on their calendars until reported in 
the regular manner after consideration (IV, 4705). When the Speaker 
restores order he usually yields the chair to the chairman, thus permit- 
ting the committee later to rise in due form (II, 1349). 

No previous question can be put in a committee; 
333. Motions nor can this committee adjourn as 
others may; but if their business is 
unfinished, they rise, on a question, 
the whole. the House is resumed, and the chair- 
man reports that the Committee of the Whole have, 
according to order, had under their consideration 
such a matter, and have made progress therein; but 
not having had time to go through the same, have 
directed him to ask leave to sit again. Whereupon 
a question is put on their having leave, and on the 

[146] 



JEFFERSON'S 

$ 334, 335. 

time the House will again resolve itself into a com- 
mittee. Scob., 88. But if they have gone through 
the matter referred to them, a member moves that 
334. Puma- " fc ^ le committee may rise, and the chair- 

man report their proceedings to the 
House; which being resolved, the chair- 
man rises, the Speaker resumes the 
chair, the chairman informs him that the committee 
have gone through the business referred to them, and 
that he is ready to make report when the House shall 
think proper to receive it. If the House have time 
to receive it, there is usually a cry of "now, now," 
whereupon he makes the report; but if it be late, the 
cry is "to-morrow, to-morrow," or "Monday," etc., 
or a motion is made to that effect, and a question put 
that it be received to-morrow, &c. Scob., 38. 

In the practice of the House the previous question and motion to 
adjourn are not admitted in Committee of the Whole; but the rules 
(XXIII, cl. 5, 6) provide for closing both the general and five-minute 
debate. When the committee rises without concluding a matter the 
chairman reports that they "have come to no resolution thereon;" 
but leave to sit again is not asked in the modern practice. Nor is 
permission of the House asked when the chairman reports a matter 
concluded in committee. The report is made and received as a matter 
of course, and is thereupon before the House for action. 

The Speaker recognizes only reports from the Committee of the 
335 Duties of Whole made by the chairman thereof (V, 6987), 

Speaker and House an d a matter alleged to have arisen therein but not 
as to reception of reported may not be brought to the attention of 
reports of Com- the House (VIII, 2429, 2430) even on the claim that 

mittee of the Whole. ft question of pr i v ii eg e is involved (IV, 4912; V, 
6987; VIII, 2430). In one instance, however, the committee reported 
with a bill a resolution relating to an aUeged breach of privilege (V, 
When a bill is reported the Speaker must assume that it has 

[147] 



JEFFERSON'S MANUAL 
ft 336. 837. 

passed through all the stages necessary for the report (IV, 4916). 
When the committee reported not only what it had done but by whom 
it had been prevented from doing other things, the Speaker held that 
the House might not amend the report, which stood (IV, 4909). But 
a committee may not report a recommendation which, if carried into 
effect, would change a rule of the House (IV, 4907, 4908). When an 
amendment is reported by the committee it may not be withdrawn, 
and a question as to its validity is not considered by the Speaker (IV, 
4900). When a committee, directed by order of the House to consider 
certain bills, reported also certain other bills, the Speaker held that so 
much of the report as related to the latter bills could be received only 
by unanimous consent (IV, 4911). When a report is ruled out as in 
excess of the committee's power, the accompanying bill stands recom- 
mitted (IV, 4784, 4907). A report from a Committee of the Whole 
may not be received in the absence of a quorum (VI, 666). The 
Committee of the Whole, like any other committee, may amend a 

proposition either by an ordinary amendment or 
S36. Amendments by a su b s titute amendment (IV, 4899), but these 
w^r" ttee fthe amendments must be reported to the House for 

action. Amendments rejected by the committee 
are not reported (IV, 4877). Ordinarily all amendments must be 
disposed of before the committee may report (IV, 4752-4758); but 
sometimes a special order requires a report at a specified time, in which 
case pending amendments are reported (IV, 3225-3228) or not (IV, 
4910) as the terms of the order may direct. The practice of the House, 
based originally on a rule (IV, 4904), requires amendments to be 
reported from the Committee of the Whole in their perfected forms, 
and this holds good even in the case of an amendment in the nature 
of a substitute, which may have been amended freely (IV, 4900-4903). 
If a Committee of the Whole amend a paragraph and subsequently 
strike out the paragraph as amended, the first amendment fails, and 
is not reported to the House or voted on (IV, 4898; V, 6169; VIII, 
2421,2426). 

All amendments to a bill reported from the Committee of the Whole 

stand on an equal footing and must be voted on by 
LT^^Td! f the House < IV > 4871 > in th * <*<*er in which they 
ments in the House. are reported, although they may be inconsistent, 

one with another (IV, 4881, 4882), and are subject 
to amendment in the House unless the previous question is ordered 
(VIII, 2419). Two amendments being reported as distinct were con- 
sidered independently, although apparently one was a proviso attach- 

[148] 



JEFFEKSON'S MANUAL 

338. 

ing to the other (IV, 4905) ; and an entire and distinct amendment may 
not be divided, but must be voted on by the House as a whole (IV, 
4883-4892; VIII, 2426). It is a frequent practice for the House by 
unanimous consent, to act at once on all the amendments to a bill 
reported from the Committee of the Whole, but it is the right of any 
Member to demand a separate vote on any amendment (IV, 4893, 
4894; VIII, 2419). When a bill is reported with amendments, it is 
in order to submit additional amendments, but the first question is on 
the committee amendments (IV, 4872-4876) ; but the opportunity to 
debate or make additional amendments depends on the will of the 
House as expressed on a motion for the previous question (IV, 4895; 
V, 5794; VIII, 2419). The fact that a proposition has been rejected 
by the Committee of the Whole does not prevent it from being offered 
as an amendment when the subject comes up in the House (IV, 4878- 
4880; VIII, 2700). A substitute amendment may be offered to a 
bill reported from committee, and then the previous question may be 
ordered on the substitute, on all other amendments, and on the bill 
to final passage (V, 5472). An amendment in the nature of a substi- 
tute reported from committee is treated like any other amendment 
(V, 5341), and if the House rejects the substitute the original bill with- 
out amendment is before the House (VIII, 2426) . 

Where a series of bills are reported from Committee of the Whole, 
the House considers them in the order in which they 

are re P rted ( IV 4869 > 4870 * VIII 2417 )' A 

Whoiein the House, proposition reported for action has precedence over 
an independent resolution on the same subject 
offered by a Member from the floor (V, 6986), and where a bill and a 
resolution relating to an alleged breach of privilege were reported to- 
gether the question was put first on the bill (V, 6986) . A bill read in 
full and considered in Committee of the Whole (IV, 3409, 3410), or 
presumed to have been so read (IV, 4916), is not read in full again in 
the House when reported and acted on. The Chairman of the Com- 
mittee of the Whole which reports a bill does not become entitled to 
prior recognition for debate in the House (II, 1453) ; but on an adverse 
report an opponent is recognized to make a motion for disposition of 
the bill (IV, 4897; VIII, 2430), or for debate (VIII, 2629). The recom- 
mendation of the committee being before the House, the motion to 
carry out the recommendation is usually considered as pending with- 
out being offered from the floor (IV, 4896), but when a bill was reported 
with a recommendation that it lie on the table, a question was raised 



62581 H. Doc. 459, 86-2 11 [149] 



MANUAL 

H839-342. 

as to whether or not this motion, which prevents debate, should be 
considered as pending (IV, 4897). 

A motion to discharge the Committee of the Whole from the con- 
sideration of a matter committed to it is not priv- 
5339. Discharge of jj e g e( j ^g against a demand for the regular order 
the Committee of the ^ 491 ^ When the comm i tte e is discharged 
Whoie * from consideration of a bill the House, in lieu of 

the report of the chairman, accepts the minutes of the Clerk as evidence 
of amendments agreed to (IV, 4922). 

IMO. Application In other things the rules or proceed- 
aSeTo?t ings are to be the same as in the 
whole. House. Scob., 89. 

The House of Representatives provides by rule (XXIII, cl. 8) that the 
rules of proceeding in the House shall apply in Committee of the Whole 
so far as they may be applicable. 

SEC. XIII. EXAMINATION OF WITNESSES. 

Common fame is a good ground for the House to 

GHnmon proceed by inquiry, and even to accusa- 

fame ^ ground tion. Resolution House of Commons, 

fcrinvestfcation. 



Grey, 16-22, 9$; 8 Grey, 81, 23, 27, 45. 

In the House of Representatives common fame has been held suffi- 
cient to justify procedure for inquiry (III 2701), as in a case wherein it 
was stated on the authority of "common rumor" that a Member had 
been menaced (III, 2678). The House also has voted to investigate 
with a view to impeachment on the basis of common fame, as in the 
cases of Judges Chase (III, 2342), Humphreys (III, 2385), and Durell 
(IE, 2506). 

s42.Theproduc. Witnesses are not to be produced 
uon of witnesses at but where the House has previously 

an Inquiry. . " 

instituted an inquiry, 2 Hats., 102, 
nor then are orders for their attendance given blank. 
S Gr&y, 51. 

[150] 



JEFFERSON'S 

343. 

In the House of Representatives witnesses are summoned in pursu- 
ance and by virtue of the authority conferred on a committee by the 
House to send for persons and papers (III, 1750) . Even in cases where- 
in the rules give to certain committees the authority to investigate 
without securing special permission, authority must be obtained 
before the production of testimony may be compelled (IV, 4316). 
The rules require that subpoenas be signed by the Speaker (Rule I, 
cl. 4) and attested and sealed by the Clerk (Rule III, cl. 3). Some- 
times the House authorizes issue of subpoenas during a recess of Con- 
gress and empowers the Speaker to sign them (III, 1806), and in one 
case the two Houses, by concurrent resolution, empowered the Vice- 
President and Speaker to sign during a recess (III, 1763). (See Barry 
v. U. S. ex. rel. Cunningham, 279 U. S., 597; McGrain v. Daugherty, 
273 U. S., 135; Sinclair v. United States, 279 U. S., 263). 

When any person is examined before a committee 
343. Examination or at the bar of the House, any Member 
1^^^! wishing to ask the person a question 
*****- must address it to the Speaker or chair- 

man, who repeats the question to the person, or says 
to him, "You hear the question answer it." But 
if the propriety of the question be objected to, the 
Speaker directs the witness, counsel, and parties to 
withdraw; for no question can be moved or put or 
debated while they are there. 2 Hats., 108. Some- 
times the questions are previously settled in writing 
before the witness enters. Ib., 106, 107; 8 Grey, 64- 
The questions asked must be entered in the journals. 
3 Grey, 81 . But the testimony given in answer before 
the House is never written down; but before a com- 
mittee, it must be, for the information of the House, 
who are not present to hear it. 7 Grey, 52, 884- 

The Committee of the Whole of the House of Representatives was 
charged with an investigation in 1792, but the procedure was wholly 

[151] 



JEFFEKSON'S MANUAL 

|5 344, 345. 

exceptional (III, 1804), although a statute still empowers the Chairman 
of the Committee of the Whole, as well as the Speaker, chairmen of 
select or standing committees, and Members to administer oaths to 
witnesses (2 U. S. C. 191; III, 1769). Most inquiries, in the modern 
practice, are conducted by select or standing committees, and these 
in each case determine how they will conduct examinations (III, 1773, 
1775). Clause 26, Rule XI, contains provisions governing certain 
procedures at investigative hearings by committees ( 735). In one 
case a committee permitted a Member of the House not of the com- 
mittee to examine a witness (III, 2403). Usually these investigations 
are reported stenographically, thus making the questions and answers 
of record for report to the House. To sustain a conviction of perjury 
a quorum of a committee must be in attendance when the testimony 
is given (Christoffel v. U. S., 338 U. S., 84; U. S. v. Bryan, 339 U. S., 323) . 
The House, in its earlier years, arraigned and tried at its bar persons, 
344. Earlier and not Members, charged with violation of its privileges, 
later practice as to as in the cases of Randall, Whitney (II, 1599-1603), 
inquiries at the bar Anderson (II, 1606), and Houston (II, 1616); but in 
of the House. ^ e case o f Woods, charged with breach of privilege 

in 1870 (II, 1626-1628), the respondent was arraigned before the House, 
but was heard in his defense by counsel and witnesses before a standing 
committee. At the conclusion of that investigation the respondent was 
brought to the bar of the House while the House voted his punishment 
(II, 1628). The House also arraigns at its bar contumacious witnesses 
before taking steps to punish by its own action or through the courts 
(III, 1685). In examinations at its bar the House has adopted forms 
of procedure as to questions (II, 1633, 1768), providing that they be 
asked through the Speaker (II, 1602, 1606) or by a committee (II, 
1617; III, 1668). And the questions to be asked have been drawn u^ 
by a committee, even when put by the Speaker (II, 1633). In the 
earHer practice the answer of a witness at the bar was not written down 
(IV, 2874) ; but in the later practice the answers appear in the Journal 
(III, 1668). The person at the bar withdraws while the House passes 
on an incidental question (II, 1633; III, 1768). (See McGrain v. 
Daugherty, 273 U. S. 135; Barry v. U. S. ex. rel. Cunningham, 279 
U. S., 597; Jurney v. MacCracken, 294 U. S., 125). 

If either House have occasion for the presence of a 
345. procuring person in custody of the other, they ask 

attendance of a wit- ,, , . . - * *7 

ness in custody of txie o tiler their leave that he may be 
theotherHo.se. brought up to them in custody. 8 
Hats., 52. 

E152] 



JEFFERSON'S 

346, 347. 

A Member, in his place, gives information to the 
$ 346. Members w House of what he knows of any matter 
witne**. under hearing at the bar. Jour. H. of 

C.n Jan. 22. 17U-6. 

At an examination at the bar of the House in 1795 both the written 
information given by Members and their verbal testimony were re- 
quired to be under oath (II, 1602) . In a case not of actual examination 
at the bar, but wherein the House was deliberating on a proposition 
to order investigation, it demanded by resolution that certain Members 
produce papers and information (III, 1726, 1811). Members often 
give testimony before committees of investigation, and in at least one 
case the Speaker has thus appeared (III, 1776). But in a case wherein 
a committee summoned a Member to testify as to a statement made 
by him in debate he protested that it was an invasion of his constitu- 
tional privilege (III, 1777, 1778; also see House Report 1372, 67th 
Cong., 4th sess., and Congressional Record, Jan. 25, 1923, pp. 2415- 
2423). In one instance the chairman of an investigating committee 
administered the oath to himself and testified (III, 1821). The House, 
in an inquiry preliminary to an impeachment trial, gave leave to its 
managers to examine Members, and leave to its Members to attend 
for that purpose (III, 2033). 

Either House may request, but not command, the 
347. Method of attendance of a Member of the other. 
SSX Th ey ^e to make the request by 
other House. message of the other House, and to 

express clearly the purpose of attendance, that no 
improper subject of examination may be tendered 
to him. The House then gives leave to the Member 
to attend, if he choose it; waiting first to know from 
the Member himself whether he chooses to attend, 
till which they do not take the message into consider- 
ation. But when the peers are sitting as a court of 
criminal judicature, they may order attendance, 



[153] 



'S MANTJAZ. 

$348. 

unless where it be a case of impeachment by the 
Commons. There it is to be a request. 3 Hats., 17; 
9 Grey, 806, 406; 10 Grey, 133. 

The House of Representatives and the Senate have observed this 
rule; but it does not appear that they have always made public ascer- 
tainment of the willingness of the Member to attend (III, 1790, 1791). 
In one case the Senate laid aside pending business in order to comply 
with the request of the House (III, 1791). In several instances House 
committees, after their invitations to Senators to appear and testify 
had been disregarded, have issued subpoenas. In such cases the 
Senators have either disregarded the subpcenas, refused to obey them, 
or have appeared under protest (III, 1792, 1793). In one case, after 
a Senator had neglected to respond either to an invitation or a sub- 
poena the House requested of the Senate his attendance and the Senate 
disregarded the request (III, 1794). Where Senators have responded 
to invitations of House committees, their testimony has been taken 
without obtaining consent of the Senate (III, 1793, 1795, footnote). 

Counsel are to be heard only on private, not on 
5 348. Admission of public, bills and on such points of law 
counsel. on jy ^ fo^ House shall direct. 10 

Grey, 61. 

In 1804 the House admitted the counsel of certain corporations to 
address the House on pending matters of legislation (V, 7298) , and in 
1806 voted that a claimant might be heard at the bar (V, 7299) ; but 
in 1808, after consideration, the House by a large majority declined to 
follow again the precedent of 1804 (V, 7300) . In early years counsel 
in election cases were heard at the bar at the discretion of the House 
(I, 657, 709, 757, 765) ; but in 1836, after f ull discussion, the practice 
was abandoned (I, 660), and, with one exception in 1841 (I, 659), has 
not been revived, even for the case of a contestant who could not speak 
the English language (I, 661) . Counsel appear before committees in 
election cases, however. Where witnesses and others have been 
arraigned at the bar of the House for contempt, the House has usually 
permitted counsel (II, 1601, 1616; III, 1667), sometimes under condi- 
tions (II, 1604, 1616) ; but in a few cases has declined the request (II, 
1608; III, 1666, footnote). In investigations before committees 
counsel usually have been admitted (III, 1741, 1846, 1847), sometimes 
even to assist a witness (III, 1772), and Clause 26, Rule XI, of the 
House now provides that witnesses at investigative hearings may be 

[154] 



S MANUAL 

849. 

accompanied by their own counsel for the purpose of advising them 
concerning their constitutional rights ( 735). In examinations pre- 
liminary to impeachment counsel usually have been admitted (III, 
1736, 2470, 2516) unless in cases wherein such proceedings were ex 
parte. 

At one time the House required all counsel or agents representing 
persons or corporations before committees to be registered with the 
Clerk (III, 1771). The Legislative Reorganization Act of 1946 
requires all lobbyists to register with the Clerk of the House and the 
Secretary of the Senate (2 U. S. C. 267). 

SEC. XIV. ARRANGEMENT OF BUSINESS. 

The Speaker is not precisely bound to any rules 
*o, ** ^ as to what bills or other matter shall 

349. Advantages 

of an order of be first taken up; but it is left to his 
usmess. ^^^ discretion, unless the House on a 

question decide to take up a particular subject. 
Hakew., 136. 

A settled order of business is, however, necessary 
for the government of the presiding person, and to 
restrain individual Members from calling up favorite 
measures, or matters under their special patronage, 
out of their just turn. It is useful also for directing 
the discretion of the House, when they are moved to 
take up a particular matter, to the prejudice of others, 
having priority of right to their attention in the 
general order of business. 

# * * * * 

In this way we do not waste our time in debating 
what shall be taken up. We do one thing at a time; 
follow up a subject while it is fresh, and till it is 
done with; clear the House of business gradatim as 

[155] 



JEFFERSON'S MANUAL 

8050. 

it is brought on, and prevent, to a certain degree, its 
immense accumulation toward the close of the 
session. 

Jefferson gave as a part of his comment on the law of Parliament the 
order of business in the Senate in his time. Both in the House and Sen- 
ate the order of business has been changed to meet the needs of the 
times. The order of business now followed in the House is established 
by Rule XXIV; and this rule, with the rules supplemental thereto, 
take away to a very large extent the discretion exercised by the Speaker 
under the parliamentary law. 

In the House of Representatives before committees are appointed it is 
in order to offer a bill or resolution for consideration not previously con- 
sidered by a committee (VII, 2103). After committees are appointed, 
bills and resolutions not otherwise in order must be referred (VII, 
2104). 

Arrangement, however, can only take hold of mat- 
350. conditions ters in possession of the House. New 
^te^tedT matter may be moved at any time 
business. when no question is before the House. 

Such are original motions and reports on bills. Such 
are bills from the other House, which are received at 
all times, and receive their first reading as soon as the 
question then before the House is disposed of; and 
bills brought in on leave, which are read first when- 
ever presented. So messages from the other House 
respecting amendments to bills are taken up as soon 
as the House is clear of a question, unless they re- 
quire to be printed, for better consideration. Orders 
of the day may be called for, even when another 
question is before the House. 

In Jefferson's time the principles of this comment would have applied 
to both House and Senate; but in the House the pressure of business has 
become so great that the order of business may be interrupted at the will 

[156] 



JEFFERSON" 8 MANUAL 

351, 352. 

of the majority only by certain specified matters (see annotations fol- 
lowing Rule XXIV). For matters not thus specified, interruption of 
the order takes place only by unanimous consent. 

SEC. XV. ORDER. 



In Parliament, "instances make order/ ' per Speaker 
,.,. Onslow. 2 Hats.. 14.1. But what is 

351. Precedent m , _ 7 _ _ . 

parliament and the done only by one Parliament, cannot 
House ' be called custom of Parliament, by 

Prynne. 1 Grey, 52. 

In the House of Representatives the Clerk is required to note all ques- 
tions of order and the decisions thereon and print the record thereof as 
an appendix to the Journal (Rule III, cl. 3) ; and the Speaker feels con- 
strained in his rulings to give precedent its proper influence (II, 1317), 
since the advantages of such a course are undeniable (IV, 4045). But 
decisions of the Speakers on questions of order are not like judgments 
of courts which conclude the rights of parties, but may be reexamined 
and reversed (IV, 4637). It is rare, however, that such a reversal 
occurs. 

SEC. XVI. ORDER RESPECTING PAPERS. 

The Clerk is to let no journals, records, accounts, or 
papers be taken from the table or out of 

352. Safe keeping ^ ^ 

of papers and his custody. 2 Hats., 193, 19^. 

integrity of bills. -^ Prynne, having at a Committee 

of the Whole amended a mistake in a bill without 
order or knowledge of the committee, was repri- 
manded. 1 Chand., 77. 

A bill being missing, the House resolved that a pro- 
testation should be made and subscribed by the 
members "before Almighty God, and this honorable 
House, that neither myself, nor any other to my 

[157] 



JEFFERSON'S MANUAL 

353, 354. 

knowledge, have taken away, or do at this present 
conceal a bill entitled," &c. 5 Grey, 202. 

After a bill is engrossed, it is put into the Speaker's 
hands, and he is not to let any one have it to look 
into. Town, col. 209. 

In the House of Representatives an alleged improper alteration of a 
bill was presented as a question of privilege and examined by a select 
committee. It being ascertained that the alteration was made to 
correct a clerical error, the committee reported that it was "highly 
censurable in any Member or officer of the House to make any change, 
even the most unimportant, in any bill or resolution which has received 
the sanction of this body" (III, 2598). Engrossed bills do not go into 
the Speaker's hands. Enrolled bills go to him for signature. 

SEC. XVII. OBDEB IN DEBATE. 

353. Decorum of When the Speaker is seated in his 

Members as to , , . . . , . 

sitting in their chair, every member is to sit in his 
places - place. Scab., 6; Grey, 403. 

In the House of Representatives the decorum of Members is regulated 
by the various sections of Rule XIV; and this provision of the parlia- 
mentary law is practically obsolete. 

When any Member means to speak, he is to stand 
s 354. Procedure up in his place, uncovered, and to ad- 
ember in ^^ j^g^ not to the House, or any 

particular Member, but to the Speaker, 
who calls him, by his name, that the House may take 
notice who it is that speaks. Scob., 6; D'Ewes, 487, 
col. 1; 2 Hats., 77; 4 Grey, 66; 8 Grey, 108. But 
Members who are indisposed may be indulged to 
speak sitting. 2 Hats., 75, 77; 1 Grey, 143. 



[158] 



JEFFERSON'S MANUAL 

355. 356. 

In the House of Representatives the Member, in seeking recognition, 
is governed by Rule XIV, cL 1, which differs materially from this provi- 
sion of the parliamentary law. The Speaker, moreover, calls the Mem- 
ber, not by name, but as "the gentleman from ," naming the 

State. As long ago as 1832, at least, a Member was not required to 
rise from his own seat (V, 4979, footnote) . 

$ 355. conditions When a Member stands up to speak, 

no question is to be put, but he is to be 
heard unless the House overrule him. 

**! of the House. 4 Grey, 890; 5 Grey, 6, 148. 

In the House of Representatives no question is put as to the right of 
a Member to the floor, unless he be called to order and dealt with by 
the House under Rule XIV, cl. 4, 5. 

If two or more rise to speak nearly together, the 
R9KC _ Speaker determines who was first up, 

ooo. liie * x ' 

parliamentary and calls him by name, whereupon he 
i^^iaonby proceeds, unless he voluntarily sits 
the speaker. down and gives way to the other. But 

sometimes the House does not acquiesce in the 
Speaker's decision, in which case the question is put, 
"which Member was first up?" 2 Hats., 76; Scob., 
7; D'Ewes, 434, col 1,2. 

In the Senate of the United States the President's 
decision is without appeal. 

In the House of Representatives recognition by the Chair is gov- 
erned by Rule XIV, cl. 2, and the practice thereunder. There has 
been no appeal from a decision by the Speaker on a question of recog- 
nition since 1881 (II, 1425-1428) and in the later practice no appeal 
is permitted (VIII, 2429, 2646, 2762). 



[159] 



JEFFERSON'S MANUAL 

} 357, 358. 

No man may speak more than once on the same bill 

on the same day; or even on another 

LfM^teto day* if the debate be adjourned. But 

be heard a second jf ft b e rea( j more than once in the same 

day, he may speak once at every 

reading. Co., IS, 115; Hakew., 148; Scob., 58; 2 

Hats., 76. Even a change of opinion does not give 

a right to be heard a second time. Smyth's Comw. 

L., 2, c. 3; Ar can. Parl., 17. 

But he may be permitted to speak again to clear a 
matter of fact, 3 Grey, 857, 416; or merely to explain 
himself, 9 Hats., 73, in some material part of his 
speech, /&., 75; or to the manner or words of the 
question, keeping himself to that only, and not trav- 
eling into the merits of it, Memorials in Hakew., 29; 
or to the orders of the House, if they be transgressed, 
keeping within that line, and not falling into the 
matter itself. Mem. Hakew., 30, 31. 

The House of Representatives has modified the parliamentary law 
as to a Member's right to speak a second time by Rule XIV, cl. 3, 6. 
But in practice the rule is not, ordinarily, enforced rigidly and Members 
find little difficulty in making explanations such as are contemplated 
by the parliamentary law. 

But if the Speaker rise to speak, the Member 
* o ^ standing up ought to sit down, that he 

S 358. Farticipa- /* 

tion of the speaker may be first heard. Town., col. 205; 
Hale Parl, 133; Mem. in Hakew., 30, 
81. Nevertheless, though the Speaker may of right 
speak to matters of order, and be first heard, he is 
restrained from speaking on any other subject, 

[160] 



i 359, 360. 

except where the House have occasion for facts 
within his knowledge; then he may, with their leave, 
state the matter of fact. 3 Grey, 88. 

This provision is usually observed in the practice of the House, so 
far as the conduct of the Speaker in the chair is concerned. In several 
instances the Speaker has been permitted by the House to make a state- 
ment from the chair, as in a case wherein his past conduct had been 
criticised (II, 1369), and in a case wherein there had been unusual 
occurrences in the joint meeting to count the electoral vote (II, 1372), 
and in a matter relating to a contest for the seat of the Speaker as a 
Member (II, 1360). In rare instances the Speaker has made brief 
explanations from the chair without asking the assent of the House 
(II, 1373, 1374). Speakers have called others to the chair and par- 
ticipated in debate, usually without asking consent of the House (II, 
1360, 1367, footnote, 1368, 1371 ; III, 1950) , and in one case a Speaker on 
the floor debated a point of order which the Speaker pro tempore was 
to decide (V, 6097) . In rare instances Speakers have left the chair to 
make motions on the floor (II, 1367, footnote) . According to a former 
custom, now fallen into disuse, Speakers participated freely in debate 
in Committee of the Whole (II, 1367, footnote). 

No one is to speak impertinently or beside the 
question, superfluous, or tediously. 

5 359 Impertinent, 

Scob., 81, 83; 2 Hats., 166, 168; Hale 



The House, by Rule XIV, cl. 1, provides that the Member shall 
address himself to the question under debate, but neither by rule nor 
practice has the House ever suppressed superfluous or tedious speaking, 
its hour rule (XIV, cl. 2) being a sufficient safeguard in this respect. 

No person is to use indecent language against the 
proceedings of the House; no prior de- 

360. Language f . & i i , T_ n xJ 

reflecting on the termination of which is to be reflected 
House " on by any Member, unless he means to 

conclude with a motion to rescind it. 2 Hats., 169, 
170; Rushw., p. 3, v. 1, fol. 42. But while a proposi- 

[161] 



JEFFERSON'S MANUAL 

36L 

tion under consideration is still in fieri, though it has 
even been reported by a committee, reflections on it 
are no reflections on the House. 9 Grey, SOS. 

In the practice of the House of Representatives it lias been held out of 
order in debate to cast reflections on either the House or its membership 
or its decisions, whether present or past (V, 5132-5138). A Member 
who had used offensive words against the character of the House, and 
who declined to explain, was censured (II, 1247). Words impeaching 
the loyalty of a portion of the membership have also been ruled out 
(V, 5139). Where a Member reiterated on the floor certain published 
charges against the House, action was taken, although other business 
had intervened, the question being considered one of privilege (III, 
2637). It is not in order in debate to refer to the proceedings of a com- 
mittee except such as have been formally reported to the House (V, 
5080-5083; VHI, 2269, 2485-2493; June 24, 1958, p. 12120, 12122), 
but this rule does not apply to the proceedings of a committee of a 
previous Congress (Chairman Hay, Feb. 2, 1914, p. 2782). 

No person, in speaking, is to mention a Member 
.. . then present by his name, but to de- 

361. Personalities r J > 

in debate scribe him by his seat in the House, or 

who spoke last, or on the other side of 
the question, &c., Mem. in Hakew., 8; Smyth's 
Comw.j L. 2, c. 3; nor to digress from the matter to 
fall upon the person, Scob., 31; Hale ParL, 183; 2 
Hats., 166, by speaking reviling, nipping, or unman- 
nerly words against a particular Member. Smyth's 
Comw., L. &,c.S. * * * 

In the practice of the House a Member is not permitted to refer to 
another by name (V, 5144; VIII, 2526, 2529, 2536), or to address him 
in the second person (V, 5140-5143; VI, 600; VIII, 2529) instead of as 

"the gentleman from ," naming the State. By rule of the 

House (Rule XIV, cl. 1), as well as by the parliamentary law, per- 
sonalities are forbidden (V, 4979, 5145, 5163, 5169), whether against 
the Member in his capacity as Representative or otherwise (V, 5152, 
5153). But a distinction has been drawn between charges made by 

[162] 



JEFFERSON'S MANUAL 

362-364. 

one Member against another in a newspaper and the same made in 
debate on the floor (III, 2691). Questions have arisen sometimes 
involving a distinction between general language and personalities 
(V, 5153, 5163, 5169). A denunciation of the spirit in which a Mem- 
ber had spoken was held out of order as a personality (V, 6981). The 
House has censured a Member for gross personalities (II, 1251). 

Complaint of the conduct of the Speaker should be presented directly 
for the action of the House and not by way of debate 

OD other matters (V, 5188 )- In a case wherein a 
Member used words insulting to the Speaker the 
House on a subsequent day, and after other business had intervened, 
censured the offender (II, 1248). In such a case the Speaker would 
ordinarily leave the chair while action should be taken by the House 
(II, 1366; V, 5188; VI, 565). 

* * * The consequences of a measure may be 
reprobated in strong terms: but to ar- 

363. Motives of ^ 7 

Members not to raign the motives of those who propose 
be arraigned. ^ advocate it is a personality, and 

against order. Qui digreditur a materia ad personam, 
Mr. Speaker ought to suppress. Ord. Com., 1604, 
Apr. 19. 

The arraignment of the motives of Members is not permitted (V, 
5147-5151), and the Speakers have intervened to prevent it, in the 
earlier practice preventing even the mildest imputations (V, 5161, 
5162). While in debate the assertion of one Member may be declared 
untrue by another, yet in so doing an intentional misrepresentation 
must not be implied (V, 5157-5160), and if stated or implied is censur- 
able (II, 1305) and presents a question of privilege (III, 2717; VI, 
607). A Member in debate having declared the words of another "a 
base lie," censure was inflicted by the House on the offender (II, 1249). 

No one is to disturb another in his speech by hissing, 
364 Disorder coughing, spitting, 6 Grey, 822; Scob., 
and intentions 5; D'Ewes, 382, col. 1, 640 , col. 2, speak- 
durmg debate. whispering to another, Scob. 6; 



D'Ewes, 487) col. 1; not stand up to interrupt him, 

[163] 



JEFFERSON'S MANUAL 

365. 

Town, col. 205; Mem. in Hakew., SI; nor to pass be- 
tween the Speaker and the speaking Member, nor to 
go across the House, Scob., 6, or to walk up and 
down it, or to take books or papers from the table, 
or write there, 1 Hats., 171. 

The House of Representatives has by Rule XIV, cl. 7, prescribed 
certain rules of decorum differing somewhat from this provision of the 
parliamentary law, but supplemental to it rather than antagonistic. 
In one respect, however, the practice of the House differs from the 
apparent intent of the parliamentary law. In the House a Member 
may interrupt by addressing the Chair for permission of the Member 
speaking (V, 5006; VIII, 2465) ; but it is entirely within the discretion 
of the Member occupying the floor to determine when and by whom 
he shall be interrupted (V, 5007, 5008; VIII, 2463, 2465). 

Nevertheless, if a member finds that it is not the 
365. Pariiamen- inclination of the House to hear him, 
^nS^atedions an d that by conversation or any other 
Member. noise they endeavor to drown his voice, 

it is his most prudent way to submit to the pleasure 
of the House, and sit down; for it scarcely ever hap- 
pens that they are guilty of this piece of ill manners 
without sufficient reason, or inattention to a Mem- 
ber who says anything worth their hearing. 2 Hats., 
77, 78. 

In the House of Representatives, where the previous question and 
hour rule of debate have been used for many years, the parliamentary 
method of supressing a tedious Member has never been imported into 
the practice (V, 5445). 



[164] 



JEFFERSON'S MANUAL 

366, 367. 

If repeated calls do not produce order, the Speaker 
see. The ma y ca ^ by his name any Member obsti- 

E^TT^bg natel y persisting in irregularity; where- 
a disorderly upon the House may require the Mem- 

1 em r " ber to withdraw. He is then to be 

heard in exculpation, and to withdraw. Then the 
Speaker states the offense committed; and the House 
considers the degree of punishment they will inflict. 
8 Hats., 167, 7, 8, 172. 

The House of Representatives, in Rule XIV, cl. 4, 5, has made a 
provision which supersedes this provision of the parliamentary law. 

For instances of assaults and affrays in the House 
r ^ ,. of Commons, and the proceedings 

\ Proceedings 7 ^ 



in cases of assaults thereon, see 1 Pet. Misc., 82; 8 Grey, 

andaffrays. g ^^ ^ ff 



254; 10 Grey, 8. Whenever warm words or an 
assault have passed between Members, the House, 
for the protection of their Members, requires them to 
declare in their places not to prosecute any quarrel, 
3 Grey, 128, 293; 5 Grey, 280; or orders them to 
attend the Speaker, who is to accommodate their 
differences, and report to the House, 3 Grey, 419; 
and they are put under restraint if they refuse, or 
until they do. 9 Grey, 234, 312. 

In several instances assaults and affrays have occurred on the floor 
of the House of Representatives. Sometimes the House has allowed 
these affairs to pass without notice, the Members concerned making 
apologies either personally or through other Members (II, 1658-1662). 
In other cases the House has exacted apologies (II, 1646-1651, 1657), 
or required the offending Members to pledge themselves before the 

62581 H. Doc. 459, 86-2 - 12 [165] 



JEFFERSON'S 

5868. 

House to keep the peace (II, 1643). In case of an aggravated assault 
by one Member on another on the portico of the Capitol for words 
spoken in debate, the House censured the assailant and three other 
Members who had been present, armed, to prevent interference (II, 
1655, 1656). Assaults or affrays in Committee of the Whole are dealt 
with'by the House (II, 1648-1651). 

Disorderly words are not to be noticed till the 
5 368.priiamen- Member has finished his speech. 5 



6 re y> 60 - 

son objecting to them, and desiring 
them to be taken down by the Clerk at the table, 
must repeat them. The Speaker then may direct 
the Clerk to take them down in his minutes; but if 
he thinks them not disorderly, he delays the direc- 
tion. If the call becomes pretty general, he orders 
the Clerk to take them down, as stated by the ob- 
jecting Member. They are then a part of his min- 
utes, and when read to the offending Member, he 
may deny they were his words, and the House must 
then decide by a question whether they are his words 
or not. Then the Member may justify them, or ex- 
plain the sense in which he used them, or apologize. 
If the House is satisfied, no further proceeding is 
necessary. But if two Members still insist to take 
the sense of the House, the Member must withdraw 
before that question is stated, and then the sense of 
the House is to be taken. 2 Hats., 199; 4 Grey, 170; 
6 Grey, 59. When any Member has spoken, or other 
business intervened, after offensive words spoken, 
they can not be taken notice of for censure. And 



[166] 



JEFFERSON'S MANUAL 

369, 370. 

this is for the common security of all, and to prevent 
mistakes which must happen if words are not taken 
down immediately. Formerly they might be taken 
down at any time the same day. 2 Hats., 196; Mem. 
in Hakew., 71; 5 Grey, 48; 9 Grey, 514. 

The House of Representatives has, by Rule XIV, cl. 4, 5, provided a 
method of procedure in cases of disorderly words. The House permits 
and requires them to be noticed as soon as uttered, and has not insisted 
that the offending Member withdraw while the House is deciding as to 
its course of action. 

Disorderly words spoken in a committee must be 
369. Disorderly written down as in the House: but the 

words taken down . ' 

and reported from coTYimittee can only report them to the 
whote Utee ftlie House for animadversion. 6 Grey, 4.6. 

This provision of the parliamentary law has been applied to the Com- 
mittee of the Whole rather than to select or standing committees. The 
House has censured a Member for disorderly words spoken in Com- 
mittee of the Whole and reported therefrom (II, 1259). 

In Parliament, to speak irreverently or seditiously 
against the King, is against order. 

370. References in 

debate to the Smyth' s Comw., L. 2, c. 8; 2 Hats., 

Executive. 



This provision of the parliamentary law is manifestly inapplicable 
to the House of Representatives (V, 5086) ; and it has been held in 
order in debate to refer to the President of the United States or his 
opinions, either with approval or criticism, provided that such reference 
be relevant to the subject under discussion and otherwise conformable 
to the rules of the House (V. 5087-5091; VIII, 2500). Also a reference 
to the probable action of the President was held in order (V, 5092). 
In debating a proposition to impeach the President a wide latitude was 
permitted to a Member in preferring charges (V, 5093), but he was 
required to abstain from language personally offensive (V, 5094), and 
personal abuse, innuendo or ridicule of the President is not permitted 
(VIII, 2497). On January 27, 1909 (VIII, 2497), the House adopted 

[167] 



JEFFERSON'S MANUAL 

371. 

a report of a committee appointed to investigate the question, which 
report in part stated: 

"The freedom of speech in debate in the House of Representatives 
should never be denied or abridged, but freedom of speech in debate 
does not mean license to indulge in personal abuse or ridicule. The 
right of Members of the two Houses of Congress to criticize the official 
acts of the President and other executive officers is beyond question, 
but this right is subject to proper rules requiring decorum in debate. 
Such right of criticism is inherent upon legislative authority. The 
right to legislate involves the right to consider conditions as they are 
and to contrast present conditions with those of the past or those 
desired in the future. The right to correct abuses by legislation 
carries the right to consider and discuss abuses which exist or which are 
feared. 

"It is, however, the duty of the House to require its Members in 
speech or debate to preserve that proper restraint which will permit the 
House to conduct its business in an orderly manner and without unnec- 
essarily and undxily exciting animosity among its Members or antagon- 
ism from those other branches of the Government with which the 
House is correlated." 

It is a breach of order in debate to notice what 
5371. Debate and ^as k een said on the same subject in 
proceedings in the the other House, or the particular votes 

other House not to . . ' x 

be noticed in or majorities on it there; because the 



opinion of each House should be left 
to its own independency, not to be influenced by 
the proceedings of the other; and the quoting them 
might beget reflections leading to a misunderstand- 
ing between the two Houses. 8 Grey, 22. 

This rule of the parliamentary law is in use in the House of Repre- 
sentatives to the full extent of its provisions, and it has always been 
held a breach of order to refer to debates or votes on the same subject 
in the other House (V, 5095-5097; VIII, 2504, 2505), or to the action or 
probable action of the other House (V, 5101-5105; VIII, 2515), or to its 
methods of procedure, as bearing on the course to be taken on a pending 
matter (V, 5100). In one instance the Senate declined to have read 

[168] 



JEFFERSON'S MANUAL 

372, 373. 

from the Congressional Record the proceedings of the House, even as 
the basis of a question of order relating to the rights of the Senate 
(V, 6406). It is, however, permissible to refer to proceedings in the 
other House generally, provided the reference does not contravene the 
principles of the rule (V, 5098, 5099, 5107-5111); but a Member may 
not, in debate, in the House, read the record of speeches and votes of 
Senators in such connection of comment or criticism as might be ex- 
pected to lead to recriminations (V, 5107-5111; VIII, 2501, 2506), and 
it was even held out of order to criticize words spoken in the Senate by 
one not a Member of that body in the course of an impeachment trial 
(V, 5106). But a Member of the House was permitted to read, in 
debate, a speech made in the Senate by one no longer a member of 
that body (V, 5113), and in another case the personal views of a 
Senator, not uttered in the Senate, were referred to in the House 
(V, 5112). 

While the Senate may be referred to properly in debate, it is not in 
372. The other order to discuss its functions or criticize its acts 

House and its (V, 511^-5120) , or refer to a Senator in terms of per- 

Members not to be SO nal criticism (V, 5121, 5122; VIII, 2518, 2521) 
critfeed in debate. even anonomous i y (vm, 2 512), or even for purpose 
of complimenting (VIII, 2509), or read a paper making such criticism 
(V, 5127) ; and the inhibition extends to comment on actions outside the 
Senate (VIII, 2515), and after examination by a committee a speech 
reflecting on the character of the Senate was ordered to be stricken 
from the Record, on the ground that it tended to create "unfriendly 
conditions between the two bodies * * * obstructive of wise 
legislation and little short of a public calamity" (V, 5129). But 
where a Member has been assailed in the Senate, he has been permitted 
to explain his own conduct and motives, without bringing the whole 
controversy into discussion or assailing the Senator (V, 5123-5126). 
Propositions relating to breaches of these principles have been enter- 
tained as of privilege (V, 5129, 6980). 

Neither House can exercise any authority over a 
373. complaint b y Member or officer of the other, but 
c ?TMenr should complain to the House of which 
of the other. ^ j^ an( j[ leave the punishment to them. 

In a notable instance, wherein a Member of the House had assaulted a 
Senator in the Senate Chamber for words spoken in debate, the Senate 

[169] 



JEFFERSON'S MANUAL 
$374375. 

examined the breach of privilege and transmitted its report to the 
House which punished the Member (II, 1622). A Senator having 
assailed a House Member in debate, the House messaged to the Sen- 
ate a resolution declaring the language a breach of privilege and re- 
quested the Senate to take appropriate action (September 27, 1951, p. 
12270). The Senator subsequently asked unanimous consent to correct 
his remarks in the permanent Congressional Record, but objection 
was raised (September 28, 1951, p. 12383) . But where certain Members 
of the House, in a published letter, sought to influence the vote of a 
Senator in an impeachment trail, the House declined to consider the 
matter as a breach of privilege (III, 2657). 

* * * Where the complaint is of words disre- 
374. Duty of the spectfully spoken by a Member of an- 
speaker to prevent other House, it is difficult to obtain pun- 
l^^ l theoih*~ ishment, because of the rules supposed 
House. necessary to be observed (as to the 

immediate noting down of words) for the security of 
Members. Therefore it is the duty of the House, 
and more particularly of the Speaker, to interfere 
immediately, and not to permit expressions to go 
unnoticed which may give a ground of complaint to 
the other House, and introduce proceedings and 
mutual accusations between the two Houses, which 
can hardly be terminated without difficulty and 
disorder. 3 Hats. ,51. 

In the House of Representatives this rule of the parliamentary law is 
considered as binding on the Chair (V, 5130; VIII, 2465). 

No Member may be present when a bill or any 
375. course of the business concerning himself is debating: * 

Member when bnsi- - -n /r i -, 

ness concerning nor is any Member to speak to the 
himself is debating, me rits of it till he withdraws. 2 Hats., 
219. The rule is that if a charge against a Member 
arise out of a report of a committee, or examination 
of witnesses in the House, as the Member knows from 
that to what points he is to direct his exculpation, he 

[170] 



JEFFERSON'S 

376. 

may be heard to those points before any question is 
moved or stated against him. He is then to be 
heard, and withdraw before any question is moved. 
But if the question itself is the charge, as for breach 
of order or matter arising in the debate, then the 
charge must be stated (that is, the question must 
be moved), himself heard, and then to withdraw. 
g Hats, 121, 



In 1832, during proceedings for the censure of a Member, the Speaker 
informed the Member that he should retire (II, 1366) ; but this seems 
to be an exceptional instance of the enforcement of the law of Parlia- 
ment. In other cases, after the proposition for censure or expulsion 
has been proposed, Members have been heard in debate, either as a 
matter of right (II, 1286), as a matter of course (II, 1246, 1253), by 
express provision (II, 1273), and in writing (II, 1273), or by unanimous 
consent (II, 1275). A Member against whom a resolution of censure 
was pending was asked by the Speaker if he desired to be heard (VI, 
236). But a Member was not permitted to depute another Member 
to speak in his behalf (II, 1273). 

Where the private interests of a Member are con- 
376. Disqualifying cemed in a, bill or question he is to 

personal interest of i i AII 

a Member. withdraw. And where such an interest 

has appeared, his voice has been disallowed, even 
after a division. In a case so contrary, not only to 
the laws of decency, but to the fundamental principle 
of the social compact, which denies to any man to 
be a judge in his own cause, it is for the honor of the 
House that this rule of immemorial observance should 
be strictly adhered to. 2 Hats., 119, 121; 6 Grey, 368. 

In the House of Representatives it has not been usual for the Member 
to withdraw when his private interests are concerned in a pending meas- 



[171] 



JEFFERSON'S MANUAL, 

377-379. 

ure, but the House has provided by rule (Rule VIII, cl. 1) that the 
Member shall not vote in such a contingency. In one instance the 
Senate disallowed a vote given by a Senator on a question relating to 
his own right to a seat; but the House has never had occasion to 
proceed so far (V, 5959). 

No Member is to come into the House with his head 
377 WeariXMfof covered, nor to remove from one place 
hats by Members, to another with his hat on, nor is to put 
on his hat in coming in or removing, until he be set 
down in his place. Scob., 6. 

Until 1837 the parliamentary practice of wearing hats during the ses- 
sion continued in the House; but in that year it was abolished by rule 
(Rule XIV, cl. 7). 

5378. Advent ^ question of order may be adjourned 
of questions of to give time to look into precedents. 2 
rden Hats., 118. 

The Speaker has declined, on a difficult question of order, to rule 
until he had taken time for examination (III, 2725; VI, 432; VII, 2106; 
VIII, 2174, 2396, 3475), but it is conceivable that a case might arise 
wherein this privilege of the Chair would require approval of the 
majority of the House, to prevent arbitrary obstruction of the pending 
business by the Chair. On occasion, the Chair has reversed as erro- 
neous decision previously made (VI, 639; VII, 849; VIII, 2794, 3435). 
The law of Parliament evidently contemplates that the adjournment 
of a question of order shall be controUed by the House. 

379. House's In Parliament, all decisions of the 

Speaker may be controlled by the 
House. 3 Grey, 319. 

The House of Representatives provides for controlling decisions of the 
Speaker by appeal (Rule I, cl. 4). 



[172] 



JEFFERSON'S MANUAL 

380-382, 

SEC. XVIII. ORDERS OF THE HOUSE. 

Of right, the door of the House ought not to be 



380 Keeping of shut? ^ut * k e ^P* by porters, or 
the doors of the Sergeants-at-Arms, assigned for that 
House " purpose. Mod ten. Parl, 28. 

The doors of the House of Representatives are kept by the Door- 
keeper and his assistants (Rule V, cl. 1). 

The only case where a Member has a right to insist 
38i. mght of the on anything, is where he calls for the 
^tarflE" 11 * execution of a subsisting order of the 
subsisting order. House. Here there having been al- 
ready a resolution, any person has a right to insist 
that the Speaker, or any other whose duty it is, shall 
carry it into execution; and no debate or delay can be 
had on it. Thus any Member has a right to have the 
House or gallery cleared of strangers, an 

382. Parliamentary . & J , 

law for clearing order existing for that purpose; or to 
the galleries. have the House told when there is not a 

quorum present. 2 Hats., 87, 129. How far an 
order of the House is binding, see Hakew., 892. 

Any Member has a right at any time to demand the execution of a 
rule of order of the House of Representatives, including the rule pre- 
scribing the daily order of business (IV, 3058). He does this by calling 
for the ' 'regular order." He may not, however, demand that the gal- 
leries be cleared, as the House, in which this power resides (II, 1353), 
has by rule extended the power to the Speaker (Rule I, cl. 2) and the 
chairman of the Committee of the Whole (Rule XXIII, cl. 1), but not 
to the individual Member. 



[173] 



JEFFERSON'S MANUAL 

55383^85. 

But where an order is made that any particular 
matter be taken up on a particular day, 
there a question is to be put, when it is 
called for, whether the House will now 
proceed to that matter? Where orders 
of the day are on important or interesting matter, 
they ought not to be proceeded on till an hour at which 
the House is usually full [which in Senate is at noon]. 

The rule of the House of Representatives providing for raising the 
question of consideration (Rule XVI, ol. 3) has, in connection with the 
practice as to special orders, superseded this provision of the parlia- 
mentary law. The House always proceeds with business at its hour of 
meeting, unless prevented by a point that no quorum is present (IV, 
2732). 

Orders of the day may be discharged at any time, 
384. orders of the and a new one made for a different day, 



The House of Representatives found the use of "Orders of the day" 
as a method of disposing business impracticable as long ago as 1818, 
and not long after abandoned their use (IV, 3057), although, an inter- 
esting reference to them survives in Rule XXIV, cl. 1. The House 
sometimes uses "Special orders," but its business proceeds regularly 
by Rule XXIV. 

When a session is drawing to a close and the im- 
portant bills are all brought in, the 
House, in order to prevent interruption 
by further unimportant bills, sometimes 
comes to a resolution that no new bill be brought in, 
except it be sent from the other House. 8 Grey, 156. 

This provision is obsolete so far as the practice of the House of 
Representatives is concerned, as business goes on uninterruptedly until 
the Congress expires (Rule XXVI). 



[174] 



JEETERSOK'S MANUAL 

5 386, 387. 

All orders of the House determine with the session; 

SSG. Effect of end ^ one taken u^ 61 such ^ order may , 
of the session on after the session is ended , be discharged 

existing orders. 1 , ' ** 

especially as to on B, habeas corpus. Raym., ISO; Ja- 
unprisonment. coV s L D 6y Ru ff head; Parliament, 

1 Lev., 165, Pitchara's case. 

The House of Representatives, by Rule XXVII and the practice 
thereunder, has modified the rule of Parliament as to business pending 
at the end of a session which is not at the same time the end of a 
Congress. A standing order, like that providing for the hour of daily 
meeting of the House, expires with a session (I, 104-109); but the 
House uses few standing orders. In 1866 the House discussed its 
power to imprison for a period longer than the duration of the existing 
session (II, 1629), and in 1870, for assaulting a Member returning to 
the House from absence on leave, Patrick Woods was committed for 
a term extending beyond the adjournment of the session, but not 
beyond the term of the existing House (II, 1628). 

Where the Constitution authorizes each House to 
387. Jefferson's determine the rules of its proceedings, 
Ititr^^tT" it must mean in those cases (legislative, 
make rules. executive, or judiciary) submitted to 

them by the Constitution, or in something relating to 
these, and necessary toward their execution. But 
orders and resolutions are sometimes entered in the 
journals having no relation to these, such as accept- 
ances of invitations to attend orations, to take part 
in procession, etc. These must be understood to be 
merely conventional among those who are willing to 
participate in the ceremony, and are therefore, per- 
haps, improperly placed among the records of the 
House. 



[175] 



JEFFERSON'S MANUAL 

The House of Representatives has frequently examined its constitu- 
tional power to make rules, and this power has also 
388. The House's fa Qn discussed by the Supreme Court (V, 6755). 
construction of ite^ ^ ^ been Sett j e( j that Congress may not by law 
power to a opt es. .^terfere ^^ ^ constitutional right of a future 
House to make its own rules (I, 82; V, 6765, 6766), or to determine for 
itself the order of proceedings in effecting its organization (I, 242-245; 
V, 6765, 6766) . It has also been determined, after long discussion and 
trial by practice, that one House may not continue its rules in force 
to and over its successor (I, 187, 210; V, 6002, 6743-6747). A law 
passed by the existing Congress has been recognized as of binding force 
in matters of procedure (II, 1341; V, 6767, 6768); but when a law 
passed by a preceding Congress has assumed to lay down a rule of 
procedure the House has inclined to doubt the validity of the law 
(V, 6765, 6766), and in one case the Chair has denied the authority of a 
law of this nature which was in conflict with a rule of the House (IV, 
3579) . The theories involved in this question have been most carefully 
examined and decisively determined in reference to the law of 1851, 
which directs the method of procedure for the House in its constitu- 
tional function of judging the elections of its Members; and it has been 
determined that this law is not of absolute binding force on the House, 
but rather a wholesome rule not to be departed from except for cause 
(I, 597, 713, 726, 833; II, 1122). 

As to the participation on occasions of ceremony, the House has 
entered its orders on its journal; but it rarely attends outside the 
Capitol building as a body, usually preferring that its Members go 
individually (V, 7061-7064) or that it be represented by a committee 
(V, 7053-7056). It has discussed, but not settled, its power to compel 
a Member to accompany it without the Hall on an occasion of com- 
bined business and ceremony (II, 1139). 

SEC. XIX. PETITION. 

r^o'nTtr^! 1 ^ P et iti on prays something. A re- 
and memorials. monstrance has no prayer. 1 Grey, 58. 

The rules of the House of Representatives make no mention of re- 
monstrances, but do mention petitions and memorials (Rule XXII, 
cl. 1). Resolutions of state legislatures and of primary assemblies of 
the people are received as memorials (IV, 3326, 3327), but papers gen- 
eral or descriptive in form may not be presented as memorials (IV, 
3325). 

[176] 



JEFFERSON'S MANUAL 

S 390, 391. 

Petitions must be subscribed by the petitioners 



. 

presentation of unless they Sire attending, 1 Grey, 401 

petitions. ,, , . &? 11 

or unable to sign, and averred by a 
member, 3 Grey, 418. But a petition not subscribed, 
but which the member presenting it affirmed to be all 
in the handwriting of the petitioner, and his name 
written in the beginning, was on the question (March 
14, 1800) received by the Senate. The averment of a 
member, or of somebody without doors, that they 
know the handwriting of the petitioners, is nec- 
essary, if it be questioned. 6 Grey, 36. It must be 
presented by a member, not by the petitioners, and 
must be opened by him holding it in his hand. 10 
Grey, 57. 

In the House of Representatives petitions have been presented for 
many years by filing with the Clerk (Rule XXII, cl. 1). Members file 
them, and petitioners do not attend on the House in the sense implied 
in the parliamentary law. In cases where a petition set forth serious 
charges, the petitioner was required to have his signature attested by 
a notary (III, 2030, footnote). 

Regularly a motion for receiving it must be made 
and seconded, and a question put, 

391. Parliamentary ; ^ JT ; 

law for the reception whether it shall be received, but a cry 
of petitions. from the House of "received," or even 

silence, dispenses with the formality of this question. 
It is then to be read at the table and disposed of. 

Prior to the adoption of the provisions of Rule XXII, cl. 1, petitions 
were presented from the floor by Members, and questions frequently 
arose as to the reception thereof (IV, 3350-3356). But under the 
present practice such procedure does not occur. 



[177] 



JEFFERSON'S MANUAL 

5393. 398. 

SEC. XX MOTIONS. 

When a motion has been made, it is not to be put 
392. parliamentary to the question or debated until it is 

SEES seconded - Scob -> 2L . , . 

reading of motions. it is then, and not till then, in pos- 
session of the House, and can not be withdrawn 
but by leave of the House. It is to be put into writ- 
ing, if the House or Speaker require it, and must be 
read to the House by the Speaker as often as any 
Member desires it for his information. 8 Hats., 82. 

The rules of the House of Representatives (Rule XVI, cl. 1) have 
long since dispensed with the requirement of a second for ordinary 
motions (V, 5304). Rule XVI, cl. 2, provides further that a motion 
may be withdrawn "before decision or amendment;" and cl. 1 of the 
same rule provides that the motion shall be reduced to writing "on the 
demand of any Member/' In the practice of the House, when a paper 
on which the House is to vote has been read once, the reading may not 
be required again unless the House shall order it read (V, 5260) ; but 
it does not appear that this modifies the provision of the parliamentary 
law that mere motions, not in the nature of amendments or documents, 
shall be read as often as is desired for information. 

It might be asked whether a motion for adjourn- 

393. interruptions m ^ or f or ^ e orders of the day can 
of the Member hav- be made by one Member while another 
in the flow. k speaking? It can not. When two 
Members offer to speak, he who rose first is to be 
heard, and it is a breach of order in another to inter- 
rupt him, unless by calling him to order if he departs 
from it, And the question of order being decided, 
he is still to be heard through. A call for adjourn- 
ment, or for the order of the day, or for the question, 

[178] 



JEFFERSOBT'S MANUAL 

394-396. 

by gentlemen from their seats, is not a motion. No 

motion can be made without rising 

394. Members a^d addressing the Chair. Such calls 

required to rise to 

make morons, caii are themselves breaches of order, which, 
SLta^ete. though the Member who has risen may 
respect, as an expression of impatience 
of the House against further debate, yet, if he chooses, 
he has a right to go on. 

The practice of the House of Representatives has modified the prin- 
ciple that the Member who rises first is to be recognized (Rule XIV, 
cl. 2) ; but in other respects the principles of this paragraph of the law 
of Parliament are in force. 

When the House commands, it is by an "order." 

i MS order. and ^ u * ^^ principles, and their own 
resolutions of the opinions and purposes, are expressed 
Houfle ' in the form of resolutions. 

A resolution for an allowance of money to the 
clerks being moved, it was objected to as not in 
order, and so ruled by the Chair; but on appeal to 
the Senate (i. e., a call for their sense by the Presi- 
dent, on account of doubt in his mind, according to 
Rule XX, clause 2) the decision was overruled. 
Jour., Senate, June 1, 1796. I presume the doubt 
was, whether an allowance of money could be made 
otherwise than by bill. 

In the modern practice concurrent resolutions have been developed as 
a means of expressing fact, principles, opinions, and 
^litton^^to P^Pses of the two Houses (II, 1566, 1567). Joint 
two Houses. committees are authorized by resolutions of this 

form (III, 1998, 1999), and they are used in author- 
izing a correction of bills agreed to by both Houses (VII, 1042), amend- 

[179] 



JETTERSOK'S MANUAL 

H 397, 398. 

ment of enrolled bills (VII, 1041), amendment of conference reports 
(VIII, 3308), requests for return of bills sent to the President (VII, 
1090, 1091), providing for joint session to receive message from the 
President (VIII, 3335, 3336), and fixing time for final adjournment 
(VIII, 3365). A concurrent resolution is binding on neither House 
until agreed to by both (IV, 3379). It is not sent to the President for 
approval unless it contain a proposition of legislation, which is not 
within the scope of the modern form of concurrent resolution (IV, 3484). 
Another development of the modern practice is the joint resolution, 
which is a bfll so far as the processes of the Congress 
liw J0int reS IU " in relation to it are concerned (IV, 3375; VII, 1036). 
With the exception of joint resolutions proposing 
amendments to the Constitution (V, 7029), all these resolutions are 
sent to the President for approval and have the full force of law. They 
are used for what may be called the incidential, unusual, or inferior 
purposes of legislating (IV, 3372), as extending the national thanks 
to individuals (IV, 3370), the invitation to La Fayette to visit America 
(V, 7082, footnote), the welcome to Kossuth (V, 7083), notice to a 
foreign government of the abrogation of a treaty (V, 6270), declaration 
of intervention in Cuba (V, 6321), correction of an error in an existing 
act of legislation (IV, 3519; VII, 1092), enlargement of scope of inqui- 
ries provided by law (VII, 1040), election of managers for National 
Soldiers' Homes (V, 7336), special appropriations for minor and inci- 
dental purposes (V, 7319). At one time they were used for purposes 
of general legislation; but the two Houses finally concluded that a bill 
was the proper instrumentality for this purpose (IV, 3370-3373). A 
joint resolution has been changed to a bill by amendment (IV, 3374), 
but in the later practice it has become impracticable to do so. 



SBC. XXIII.BILLS, LEAVE TO BRING IN 

When a Member desires to bring in a bill on any 
5 sea. obsolete p>- su bject, he states to the House in 

visions as to intn 
duction of bills. 



visions as to intro- general terms the causes for doing it, 
and concludes by moving for leave to 
bring in a bill, entitled, &c. Leave being given, 



[180] 



JEFFERSON'S 

399. 

on the question, a committee is appointed to prepare 
and bring in the bill. The mover and seconder are 
always appointed of this committee, and one or more 
in addition. Hakew., 182; Scob., 40. It is to be 
presented fairly written, without any erasure or 
interlineation, or the Speaker may refuse it. Scob., 
41; 1 Grey, 82, 84. 

This provision is obsolete, Rule XXII, cl. 1-4, providing an entirely 
different method of introducing bills. The introduction of bills by 
leave was gradually dropped by the practice of the House, and after 
1850 the present free system of permitting Members to introduce at 
will bills for printing and reference began to develop (IV, 3365) . 

SEC. XXIV. BILLS, FIRST READING. 

When a bill is first presented, the Clerk reads it at 
399. obsolete the table, and hands it to the Speaker, 
who, rising, states to the House the 
title of the bill; that this is the first 
time of reading it; and the question will be, whether 
it shall be read a second time? then sitting down 
to give an opening for objections. If none be made, 
he rises again, and puts the question, whether it 
shall be read a second time? Hakew., 137, 141- A 
bill cannot be amended on the first reading, 6 Grey, 
286; nor is it usual for it to be opposed then, but it 
may be done, and rejected. D'Ewes, 335, col. 1; 
3 Hats., 198. 

This provision is obsolete, the practice under Rule XXI, cl. 1, now 
governing the procedure of the House of Representatives. 



62581 H. Doc. 459, 86-2 13 [181] 



JEFFERSON'S MANUAL 

{400,401. 

SEC. XXV. BILLS, SECOND BEADING. 

The second reading must regularly be on another 
day. Hakew., 14$> It is done by the 
Clerk at the table, who then hands it 
to the Speaker. The Speaker, rising, 
readin *" states to the House the title of the 

bill; that this is the second time of reading it; and 
that the question will be, whether it shall be com- 
mitted, or engrossed and read a third time? But if 
the bill came from the other House, as it always 
comes engrossed, he states that the question will be, 
whether it shall be read a third time? and before he 
has so reported the state of the bill, no one is to 
speak to it. Hakew., 143, 146. 

In the Senate of the United States, the President 
reports the title of the bill; that this is the second 
time of reading it; that it is now to be considered 
as in a Committee of the Whole; and the question 
will be, whether it shall be read a third time? or that 
it may be referred to a special committee? 

The provisions of this paragraph are to a large extent obsolete so 
far as the House of Representatives is concerned, the practice under 
Rule XXI, cl. 1, now governing. 

SEC. XXVI. BILLS, COMMITMENT. 

If on motion and question it be decided that the 
kill s ^ a ^ ^ e committed, it may then be 



(largely moved to be referred to Committee of 

Obsolete) as to 

reference of bais to the Whole House, or to a special com- 
mittee. If the latter, the Speaker 

[182] 



JEFFERSON'S 

402. 

proceeds to name the committee. Any member also 
may name a single person, and Clerk is to write him 
down as of the committee. But the House have a 
controlling power over the names and number, if a 
question be moved against any one; and may in any 
case put iii and put put whom they please. 

This paragraph is to a large extent obsolete under the rules and 
practice of the House of Representatives. Bills are referred in the 
first instance by the Speaker to standing committees as prescribed by 
the rules (Rules XI and XXII), and references to the Committee of 
the Whole are also made in the first instance under direction of the 
Speaker (Rule XIII, cl. 2). Reference of a matter under consideration 
is made by a motion to refer which specifies the committee and may 
provide for a select committee of a specified number of persons (IV, 
4402). But such committee is appointed only by the Speaker (Rule 
X, 671). 

House of Representatives Rule XVII provides that the Speaker may 
entertain a motion to commit with or without instructions to a standing 
committee. 

Those who take exceptions to some particulars in 
402. obsolete the bill are to be of the committee, but 
^tf^To? none who speak directly against the 
committees. body of the bill; for he that would 

totally destroy will not amend it, Hakew. } 146; 
Town., col, 208; D'Ewes, 634, col %; Scob., 47; or 
as is said, 5 Grey, 145, the child is not to be put to a 
nurse that cares not for it, 6 Grey, 873. It is there- 
fore a constant rule "that no man is to be employed 
in any matter who has declared himself against it." 
And when any member who is against the bill hears 
himself named of its committee he ought to ask to 
be excused. Thus, March 7, 1806, Mr. Hadley was, 

[183] 



JEFFERSON'S 

on the question being put, excused from being of a 
committee, declaring himself to be against the matter 
itself. Scab., 46. 

This provision is entirely inapplicable in the House of Representa- 
tives, where the standing committees with majority and minority 
representation (IV, 4467, 4477, footnote, 4478) consider most of the 
bills. And in the infrequent occasions when a select committee is 
appointed the minority party is always represented in the membership. 

The Clerk may deliver the bill to any member of 
5 403. Delivery of the committee, Town, col 138; but it 
bins to committees. i s usual to deliver it to him who is first 

named. 

Where committees have clerks and rooms, the bills are delivered to 
the clerk in the room. 

In some cases the House has ordered a committee 
to withdraw immediately into the com- 
r order- mittee chamber and act on and bring 



back the bill, sitting the House. Scob., 

back a bill. /g * * * 

This procedure is never followed in the House of Representatives, as 
the order of business leaves no place for such an order, except it be 
offered by unanimous consent. 

When a bill is under consideration, however, the House may on 
motion commit it with instructions to report 
"forthwith" with certain specified amendment 
r^tTorthwKhT (V f 5548, 5549), in which case the chairman of the 
committee reports at once without awaiting action 
of the committee (V, 5545-5547; VIII, 2730, 2732) and the bill is in 
order for immediate consideration (V, 5550; VIII, 2735). 

The motion to discharge a committee from the consideration of an 
ordinary legislative proposition is not privileged un- 
der the rules (IV, 3533, 4693; VIII, 2316), but where 
a matter involves a question of privilege (III, 2585, 
2709; VIII, 2316), or is privileged under the rule relating to resolutions 

[184] 



JEFFERSON'S 

S 407, 408. 

of Inquiry (Rule XXII, cl. 5; III, 1871; IV, 4695) the motion to dis- 
charge is admitted. The motion is not debatable (III, 1868; IV, 4695), 
except under clause 4, Rule XXVII, and may be laid on the table 
(V, 5407; VI, 415), but the question of consideration may not be 
demanded against it (V, 4977). 

* * * A committee meet when and where they 
& ^r TVT please, if the House has not ordered 

4U7. JYieetiiigs ^ 

and action of time and place for them, 6 Grey, 870; 

comml * tees ' but they can only act when together, 

and not by separate consultation and consent 
nothing being the report of the committee but what 
has been agreed to in committee actually assembled. 

In the House of Representatives the standing committees usually 
meet in their committee rooms, but there is no rule requiring them to 
meet there, and in the absence of direction by the House, committees 
designate the time and place of their meetings (VIII, 2214). 

Standing committees (except the Committee on Appropriations) fix 
regular weekly, biweekly, or monthly meeting days for the transaction 
of business, and additional meetings may be called by the chairman 
as he may deem necessary ( 734). Where a committee has a fixed 
date of meeting, a quorum of the committee may convene on such 
date without call of the Chairman and transact business regardless of 
his absence (VIII, 2214). A committee meeting being adjourned by 
the chairman for lack of a quorum, a majority of the members of the 
committee may not, without the consent of the chairman, call a meet- 
ing of the committee on the same day (VIII, 2213) . 

The House has adhered to the principle that a report must be author- 
ized by a committee acting together, and a paper 
5 408. Authoriza- signed by a majority of the committee acting sep- 
^[^ rtS f arately was ruled out (IV, 4584; VIII, 2210-2212, 
2220; see also 735), It is the duty of the chair- 
man of each committee to report or cause to be reported promptly 
any measure approved by his committee and to take or cause to be 
taken necessary steps to bring the matter to a vote ( 735) . Author- 
ity of a committee directing its Chairman to use all parliamentary 
means to bring a bill before the House was held to include the right to 
call up the bill on Calendar Wednesday (VIII, 2217). Clause 26 (d) 

[185] 



JEITERSON'S MANUAL 

409. 

of Rule XI, requiring the chairman of each committee to report or 
cause to be reported promptly measures approved by his committee 
and to take such necessary steps to bring the matter to a vote, is 
sufficient authority for the chairman to call up a bill on Calendar 
Wednesday (Speaker Rayburn Feb. 22, 1950, p. 2161). No measure 
or recommendation shall be reported from any committee unless a 
majority of the committee were actually present ( 735). A report is 
sometimes authorized by less than a majority of the whole committee, 
some members being silent or absent (II, 985, 986) . In a rare instance 
a majority of a committee agreed to a report, but disagreed on the 
facts necessary to sustain the report (I, 819). It is not uncommon for 
a committee to find itself unable to agree to a positive recommendation, 
being equally divided, in which case it may report the fact to the 
House (I, 347: IV, 4665, 4666), sometimes with evidence and majority 
and minority views (III, 2403), with minority views alone (II, 945), 
or with propositions representing the opposing contentions (III, 2497; 
IV, 4664) . It is not essential that the report of a committee be signed 
(II, 1274; VIII, 2229), but the minority views are signed by those 
concurring in them (IV, 4671; VIII, 2229) . In case where a majority 
of a committee signed a report it was held valid, although a necessary 
one of that majority did not concur in all the statements (IV, 4587) . 
If a report is actually sustained by the majority of a committee, it is 
not impeached by the fact that a less number sign it (II, 1091), or by 
the fact that later by the action of absentees more than a majority of 
the whole committee are found to have signed minority views (IV, 
4585). Objection being made that a report had not been authorized 
by a committee and there being doubt as to the validity of the author- 
ization, the question as to the reception of the report is submitted to 
the House (IV, 4588-4591) . But where the Speaker is satisfied of the 
validity or of the invalidity of the authorization he may decide the 
question (IV, 4584, 4592, 4593; VIII, 2211, 2212, 2222-2224).. And 
in a case wherein it was shown that a majority of a committee had 
met and authorized a report he did not heed the fact that the meeting 
was not regularly called (IV, 4594) . A bill improperly reported is not 
entitled to its place on the calendar (IV, 3117); but the validity of a 
report may not be questioned after the House has voted to consider it 
(IV, 4598), or after actual consideration has begun (IV, 4599; VIII, 
2223, 2225). 

5 409. The A majority of the committee consti- 

8diiT " eiec * tutes a quorum for business. Elsynge's 
committee. Method of Passing Bills, 11. 

No measure or recommendation shall be reported from any com- 
mittee unless a majority of the committee were actually present ( 735) . 

[186] 



JEFFEBSON'S MANUAL 

410-412. 

Each committee may fix the number of its members, but not less 
than two, to constitute a quorum for taking testimony and receiving 
evidence ( 735). 

A quorum of a committee may transact business and a majority of 
the quorum, even though it be a minority of the whole committee, may 
authorize a report (IV, 4586), but an actual quorum of a committee 
must be present to make action taken valid (VIII, 2212, 2222), unless 
the House authorizes less than a quorum to act (IV, 4553, 4554). 
A quorum of a committee must be present when alleged perjurious 
testimony is given in order to support a charge of perjury (Christoffel 
v. U. S., 338 U. S., 84; U. S. v. Bryan, 339 U. S., 323;. 

Any Member of the House may be present at any 
$ 410. presence select committee, but can not vote, and 
the^eSf must give place to all of the commit- 
seiect committee. fa ej an( j g ft below them. Elsyuge, 12; 

Scob., 49. 

It does not appear that the relations of this provision to the principle 
that a committee may conduct its proceedings in secret (IV, 4557-4564) 
has been determined in the House of Representatives. 

The committee have full power over the bill or 
411. power of other paper committed to them, except 
r that they can not change the title or 
subject. 8 Grey, 228. 

In the House of Representatives committees may recommend amend- 
ments to the body of a bill or to the title but may not otherwise change 
the text. 

The paper before a committee, whether select or of 
4i2. pariiamen- ^e whole, may be a bill, resolutions, 
tary law governing draught of an address, &c., and it may 

consideration of ' . - .. T i i 

bills, etc., in either originate with them or be re- 

committees. f erred to them. In every case the whole 

paper is read first by the Clerk, and then by the chair- 
man, by paragraphs, Scot., 49, pausing at the end of 
ea,ch paragraph, and putting questions for amend- 
ing, if proposed. In the case of resolutions or dis- 
tinct subjects, originating with themselves, a question 

[187] 



JEFFERSON'S MANUAL 
His. 

is put on each separately, as amended or unamended, 
and no final question on the whole, S Hats., 276; but 
if they relate to the same subject, a question is put 
on the whole. If it be a bill, draught of an address, 
or other paper originating with them, they proceed 
by paragraphs, putting questions for amending, 
either by insertion or striking out, if proposed; but 
no question on agreeing to the paragraphs sepa- 
rately; this is reserved to the close, when a question 
is put on the whole, for agreeing to it as amended or 
unamended. But if it be a paper referred to them, 
they proceed to put questions of amendment, if pro- 
posed, but no final question on the whole; because 
all parts of the paper, having been adopted by the 
House, stand, of course, unless altered or struck out 
by a vote. Even if they are opposed to the whole 
paper, and think it can not be made good by amend- 
ments, they can not reject it, but must report it back 
to the House without amendments, and there make 
their opposition. 

In the House of Representatives it has generally been held that a 
select or standing committee may not report a bill whereof the subject- 
matter has not been referred to them (IV, 4355-4360) . In the older 
practice the Committee of the Whole originated resolutions and bills 
(IV, 4705) ; but the later development of the rules governing the order 
of business would prevent the offering of a motion to go into Committee 
of the Whole for such a purpose, except by unanimous consent. 

The natural order in considering and amending 
\ 4. order of an y P a P er is > to begin at the beginning, 
anc * P rocee( * through it by paragraphs; 
and this order is so strictly adhered to 

[188] 



JEFFERSON'S MANTJAX. 

414. 

in Parliament, that when a latter part has been 
amended, you can not recur back and make any alter- 
ation in a former part. 8 Hats., 90. In numerous 
assemblies this restraint is doubtless important. But 
in the Senate of the United States, though in the 
main we consider and amend the paragraphs in their 
natural order, yet recurrences are indulged; and they 
seem, on the whole, in that small body, to produce 
advantages over weighing their inconveniencies. 

In the House of Representatives amendments to paragraphs or 
sections are made in Committee of the Whole under Rule XXIII, cl. 5. 
In the House itself amendments to House bills are made pending the 
engrossment and third reading (IV, 3392; V, 5781; VII, 1051), and to 
Senate bills before the third reading (IV, 3393). Amendments are 
offered to any part of the bill, without proceeding consecutively with 
the several paragraphs or sections (IV, 3392). In Committee of the 
Whole the procedure is different. 

To this natural order of beginning at the beginning 

414. Preamble there IS a SHlgle exception fOUnd U1 par- 

amended after liamentary usage. When a bill is taken 

the body of the ./ o 

mi has been up in committee, or on its second read- 

consi ere . they postpone the preamble till the 



other parts of the bill are gone through. The reason 
is, that on consideration of the body of the bill such 
alterations may therein be made as may also occasion 
the alteration of the preamble. Scob. } 50; 7 Grey, 431 . 
On this head the following case occurred in the 
Senate, March 6, 1800: A resolution which had no 
preamble having been already amended by the House 
so that a few words only of the original remained in it, 
a motion was made to prefix a preamble, which hav- 

[189] 



JEFFERSONS 

1414 

ing an aspect very different from the resolution, the 
mover intimated that he should afterwards propose 
a correspondent amendment in the body of the reso- 
lution. It was objected that a preamble could not be 
taken up till the body of the resolution is done with; 
but the preamble was received, because we are in fact 
through the body of the resolution; we have amended 
that as far as amendments have been offered, and, in- 
deed, till little of the original is left. It is the proper 
time, therefore, to consider a preamble; and whether 
the one offered be consistent with the resolution is for 
the House to determine. The mover, indeed, has in- 
timated that he shall offer a subsequent proposition 
for the body of the resolution; but the House is not 
in possession of it; it remains in his breast, and may 
be withheld. The rules of the House can only operate 
on what is before them. The practice of the Senate, 
too, allows recurrences backward and forward for 
the purpose of amendment, not permitting amend- 
ments in a subsequent to preclude those in a prior 
part, or e converse. 

In the practice of the House of Representatives the preamble of a 
bill or joint resolution is agreed to most conveniently after the engross- 
ment and before the third reading (IV, 3414; V, 5469, 5470; VII, 
1064), and after an amendment to the preamble has been considered 
it is too late to propose amendment to the text of the bill (VII, 1065). 
On the passage of a bill or joint resolution a separate vote may not be 
demanded on the preamble (V, 6147, 6148) ; but where a simple resolu- 
tion of the House has a preamble, the preamble may be laid on the 
table without affecting the status of the accompanying resolution 
(V, 5430). 



[190] 



JEFFERSON'S 

f { 415, 416. 

When the committee is through the whole, a Mem- 
4i5. Directions ber moves that the committee may rise, 
ilESST** and the chairman report the paper to 
re p rt - the House, with or without amend- 

ments, as the case may be. 2 Hats., 289, 292; Scab., 
58; 2 Hats., 290; 8 Scob., 50. 

Clause 26 (d) of Rule XI provides that it shall be the duty of the 
Chairman of each committee to report or cause to be reported promptly 
any measure approved by his committee and to take or cause to be 
taken necessary steps to bring the matter to a vote. In the House of 
Representatives a committee may order its report to be made by the 
chairman (IV, 4669), or by any other member of the committee (IV, 
4526) , even though he be a member of the minority party (IV, 4672, 
4673; VIII, 2314). Only the chairman makes report for the Com- 
mittee of the Whole (V, 6987). 

When a vote is once passed in a committee it can 
54i. AS to not be altered but by the House, their 

^teto erationof votes being binding on themselves, 

committee. ^QQ7 ', JuUB 4. 



This provision of the parliamentary law has been held to prevent 
the use of the motion to reconsider in Committee of the Whole (IV, 
4716-4718; VIII, 2324, 2325) but is in order in the House as in the 
Committee of the Whole (VIII, 2793). The early practice seems to 
have inclined against the use of the motion in a standing or select 
committee (IV, 4570, 4596), but there is a precedent which authorized 
the use of the motion (IV, 4570, 4596), and on June 1, 1922, the Com- 
mittee on Rules rescinded previous action taken by the Committee 
authorizing a report. In the later practice the motion to reconsider 
is in order in the standing committees and may be made on the same 
day on which the action is taken or on the next day thereafter on 
which the committee convenes with a quorum present (VIII, 2213), 
but a session adjourned without having secured a quorum is a dies 
non and not to be counted in determining the admissibility of a 
motion to reconsider (VIII, 2213). This provision does not prevent 
a committee from reporting a bill similar to one previously reported 
by such committee (VIII, 2311). 

[191] 



JEFFERSON'S MANUAL 

5417,418. 

The committee may not erase, interline, or blot the 
417. Method of bill itself; but must, in a paper by 
noting itself set down the amendments, stating 

amendments to a t 

bill in committee, the words which are to be inserted or 
omitted, Scob., SO, and where, by references to page, 
line, and word of the bill. Scob., SO. 

This practice is still in force as to Senate bills, of which the engrossed 
copies can not be in any way interlined or altered by House committees. 
But the care for the preservation of the original copies of House bills 
has long since become obsolete. 

SEC. XXVII. BEPORT OF COJVO1ITTEE. 

The chairman of the committee, standing in his 
HIS. Pariiamen- place, informs the House that the com- 
mittee to whom was referred such a 
bill, have, according to order, had the 
same under consideration, and have directed him to 
report the same without any amendment, or with 
sundry amendments (as the case may be), which he 
is ready to do when the House pleases to receive it. 
And he or any other may move that it be now re- 
ceived; but the cry of "now, now," from the House, 
generally dispenses with the formality of a motion 
and question. He then reads the amendments, with 
the coherence in the bill, and opens the alterations 
and the reasons of the committee for such amend- 
ments, until he has gone through the whole. He 
then delivers it at the Clerk's table, where the 
amendments reported are read by the Clerk without 
the coherence; whereupon the papers lie upon the 

[192] 



JEFFERSON'S MANUAL 

419. 420. 

table till the House, at its convenience, shall take up 
the report. Scob., 52; Hakew., 148. 

This provision is to a large extent obsolete so far as the practice of 
the House of Representatives is concerned. Most of the reports of 
committees are made by filing them with the Clerk without reading 
(Rule XIII, cl. 2) , and only the reports of committees having leave to 
report at any tune are made by the chairman or other member of the 
committee from the floor (Rule XI, 726) . While the privileged reports 
are frequently acted on when presented, yet the general rule (Rule 
XIII, cl. 1) is that reports shall be placed on the calendars of the House, 
there to await action under the rules for the order of business (Rule 
XXIV). 

The report being made, the committee is dissolved 
4w. Reports; and can act no more without a new 
power. Scob. 51. But it may be re- 
vived by B, vote, and the same matter 
recommitted to them. 4 Grey, 361. 

This provision does not apply to the Committees of the Whole as 
they exist in the House of Representatives at the present time or to the 
standing committees. It does apply to select committees, which ex- 
pire when they report finally, but may be revived by the action of the 
House in referring in open House a new matter (IV, 4404, 4405). A 
select committee expires at the end of a session (IV, 4394-4399), and 
this limitation applies also to joint select committees (IV, 4420). 
The provision does not preclude a standing committee from reporting 
a bill similar to one previously reported by such committee (VIII, 2311) . 

SEC. XXVIII. BILL, EE COMMITMENT. 

After a bill has been committed and reported, it 
ought not, in any ordinary course, to 

420. Recom- m . _ . 

mittaiofabnito be recommitted ; but in cases of impor- 
a committee. tance, and for special reasons, it is 

sometimes recommitted, and usually to the same 
committee. Hakew, 151. If a report be recom- 

[193] 



JEFFERSON'S MANUAL. 

${ 421, 422. 

mitted before agreed to in the House, what has 
passed in committee is of no validity; the whole 
question is again before the committee, and a new 
resolution must be again moved, as if nothing had 
passed. 8 Hats., 181 note. 

In Senate, January, 1800, the salvage bill was re- 
committed three times after the commitment. 

Where a matter is recommitted with, instructions the committee must 
confine itself within the instructions (IV, 4404), and if the instructions 
relate to a certain portion only of a bill, other portions may not be 
reviewed (V, 5526). When a report has been disposed of adversely 
a motion to recommit it is not in order (V, 5559) . Bills are sometimes 
recommitted to the Committee of the Whole as the indirect result of 
the action of the House (Rule XXIII, cl. 7; IV, 4784) or directly on 
motion either with or without instructions (V, 5552, 5553) . 

A particular clause of a bill may be committed 
431. Division of without the whole bill, 3 Hats., 181; or 
^fe^cfto so mu ch of a paper to one and so much 

committees. ^ Q another committee. 

In the usage of the House before the rules provided that petitions 
hould be filed -with the Clerk instead of being referred from the floor, 
it was the practice to refer a portion of a petition to one committee and 
the remainder to another when the subject matter called for such 
division (IV, 3359). Communications, such as the report of the 
National Advisory Committee for Aeronautics (January 27, 1955, 
p. 854), are sometimes divided for reference. But a bill or a joint 
resolution (IV, 4376) may not be divided, although it may contain 
matters properly within the jurisdiction of several committees (IV, 
4372). 

SEC. XXIX. BILL, BEPOKTS TAKEN UP. 

When the report of a paper originating with a com- 
1422. comdem- ^tee is taken up by the House, they 
oon ana ,cti<m on proceed exactly as in committee. Here, 

rp*rta. . } 

as in committee, when the paragraphs 

[194] 



JEFFERSON'S 

428. 

have, on distinct questions, been agreed to seriatim, 6 
Grey, 866; 6 Grey, 368; 8 Grey, 47, 104, 360; 1 Tor- 
buck's Deb., 125; 3 Hats., 348, no question needs be 
put on the whole report. 5 Grey, 381. 

In the House of Representatives committees usually report bills, joint 
resolutions, concurrent resolutions, or simple resolutions. These come 
before the House for action while the written reports accompanying 
them, which are always printed, do not (IV, 4674) , and even the reading 
of the reports is in order only in the time of debate (V, 5292). In rare 
instances, however, committees submit merely written reports without 
propositions for action. Such reports being before the House may be 
debated before any specific motion has been made (V, 4987, 4988), and 
are in such case read to the House (I V,4663) and after being considered 
the question is taken on agreeing. In such cases the report appears in 
full on the Journal (II, 1364; IV, 4675; V, 7177). When reports are 
acted on in this way it has not been the practice of the House to consider 
them by paragraphs, but the question has been put on the whole report 
(II, 1364). 

On taking up a bill reported with amendments the 

423 Action b amendments only are read by the Clerk 

the House on The Speaker then reads the first, and 



puts it to the question, and so on till the 
committees. whole are adopted or rejected, before 

any other amendment be admitted, except it be an 
amendment to an amendment. Elsynge's Mem., 53. 
When through the amendments of the committee, the 
Speaker pauses, and gives time for amendments to be 
proposed in the House to the body of the bill; as he 
does also if it has been reported without amendments; 
putting no questions but on amendments proposed; 
and when through the whole, he puts the question 
whether the bill shall be read a third time? 



[195] 



JEFFERSON'S MANUAL 

424. 

The procedure outlined by this provision of the parliamentary law 
applies to bills when reported from the Committee of the Whole; but 
in practice it is usual to vote on the amendments in gross. But any 
Member may demand a separate vote. The principle that the commit- 
tee amendments should be voted on before amendments proposed by 
the House is recognized (IV, 4872-4876; V, 5773; VIII, 2862, 2863), 
except when it is proposed to amend a committee amendment. The 

\ Clerk reads the amendments, and the Speaker does not again read them. 

' Frequently the House orders the previous question on the committee 
amendments and the bill to final passage, thus preventing further 
amendment. When a bill is of such nature that it does not go to Com- 
mittee of the Whole, it comes before the House from the House Calen- 
dar, on which it has been placed on being reported from the standing 
or select committee. On being taken from the House Calendar the bill 
is read through and then the amendments proposed by the committee 
are read. 

SEC. XXX. QUASI-COMMITTEE. 

If on motion and question the bill be not com- 
424. Procedure mitted, or if no proposition for com- 
2 n <^Mteot mitment be made, then the proceedings 
the whoie fa the Senate of the United States and 

in Parliament are totally different. The former shall 
be first stated. 

The proceeding of the Senate as in a Committee 
of the Whole, or in quasi-committee, is precisely as 
in a real Committee of the Whole, taking no question 
but on amendments. When through the whole, 
they consider the quasi-committee as risen, the 
House resumed without any motion, question, or 
resolution to that effect, and the President reports 
that "the House, acting as in a Committee of the 



[198] 



JEFFERSON'S MANUAL 

425. 

Whole, have had under their consideration the bill 
entitled, &c., and have made sundry amendments, 
which he will now report to the House. " The bill 
is then before them, as it would have been if reported 
from a committee, and the questions are regularly 
to be put again on every amendment; which being 
gone through, the President pauses to give time to 
the House to propose amendments to the body of 
the bill, and, when through, puts the question 
whether it shall be read a third time? 

In the House of Representatives procedure "in the House as in Com- 
mittee of the Whole" is by unanimous consent only, as the order of 
business gives no place for a motion that business be considered in this 
manner (IV, 4923). In the House an order for this procedure means 
merely that the bill will be read for amendment and debate under the 
five-minute rule (Rule XXIII, cl. 5), without general debate (IV, 
4924, 4925; VI, 639; VIII, 2431, 2432). The Speaker remains in the 
chair, and when the bill has been gone through, he makes no report but 
puts the question on the engrossment and third reading and on the 
passage. 

After progress in amending the bill in quasi-com- 
425 Motion to ntittee, a motion may be made to refer 
refer admitted it to SL special committee. If the mo- 

"In the House as . . . . . ~> 

in committee of tion prevails, it is equivalent in effect to 
the whole." ^ e severa | vo tes, that the committee 

rise, the House resume itself, discharge the Commit- 
tee of the Whole, and refer the bill to a special com- 
mittee. In that case, the amendments already made 
fall. But if the motion fails, the quasi-committee 
stands in status quo. 



62581 H, Doc. 459, 86-2 14 [197] 



JEFFERSON'S MANUAL 

5426. 

How far does this XXVIIIth rule [of the Senate] 
subject the House, when in quasi-com- 

5 426. Motions , 

and procedure m mittee, to the laws which regulate the 
uutei^^"* 66 proceedings of Committees of the 
*"*" Whole? The particulars in which these 

differ from proceedings in the House are the follow- 
ing: L In a committee every member may speak as 
often as he pleases. 2. The votes of a committee 
may be rejected or altered when reported to the 
House. 3. A committee, even of the whole, cannot 
refer any matter to another committee. 4. In a com- 
mittee no previous question can be taken; the only 
means to avoid an improper discussion is to move 
that the committee rise; and if it be apprehended 
that the same discussion will be attempted on re- 
turning into committee, the House can discharge 
them, and proceed itself on the business, keeping 
down the improper discussion by the previous ques- 
tion. 5. A committee cannot punish a breach of 
order in the House or in the gallery. 9 Grey, 113. 
It can only rise and report it to the House, who may 
proceed to punish. The first and second of these 
peculiarities attach to the quasi-committee of the 
Senate, as every day's practice proves, and it seems 
to be the only ones to which the XXVIIIth rule 
meant to subject them; for it continues to be a 
House, and, therefore, though it acts in some respects 



[198] 



JEFFERSON'S MANUAL 

427. 

as a committee, in others it preserves its character 
as a House. Thus (3) it is in the daily habit of 
referring its business to a special committee. 4. It 
admits of the previous question. If it did not, it 
would have no means of preventing an improper 
discussion; not being able, as a committee is, to avoid 
it by returning into the House, for the moment it 
would resume the same subject there, the XXVIIIth 
rule declares it again a quasi-committee, 5. It would 
doubtless exercise its powers as a House on any 
breach of order. 6. It takes a question by yea and 
nay, as the House does. 7. It receives messages 
from the President and the other House. 8. In the 
midst of a debate it receives a motion to adjourn, 
and adjourns as a House, not as a committee. 

In the modern practice of the House of Representatives the rule of 
427 Motions Jefferson's Manual is followed to the extent that the 

and procedure House, while acting "in the House as in Committee 

"in the House as of the Whole" may deal with disorder, take the yeas 
in Committee of anc ^ nays, adjourn, refer to a committee even though 
the whole. ^ e reading by sections may not have begun (IV, 

4931, 4932), and use the previous question (VI, 369) (which differs from 
the previous question of Jefferson's time). The previous question 
may not be moved on a single section of a bill (IV, 4930), but it may be 
demanded on the bill while Members yet desire to offer amendments 
(IV, 4926-4929; VI, 639). A motion to close debate on the pending 
section is in order (IV, 4930). An amendment may be withdrawn at 
any time before action has been had on it (IV, 4935) . An amendment 
in the nature of a substitute is in order after consideration by sections 
has been completed (IV, 4933, 4934; V, 5788) . The title also is amended 
after the bill has been considered (IV, 3416). 



JEFFERSON'S MANUAL 

5428. 

SEC. XXXI. BILL, SECOND READING IN THE HOUSE. 

In Parliament, after the bill has been read a second 
time, if on the motion and question it 
be not committed, or if no proposition 
second time. ^ comm i^ men t be made, the speaker 

reads it by paragraphs, pausing between each, but 
putting no question but on amendments proposed; 
but when through the whole, he puts the question 
whether it shaU be read a third time, if it came from 
the other house, or, if originating with themselves, 
whether it shall be engrossed and read a third time. 
The speaker reads sitting, but rises to put questions. 
The clerk stands while he reads. 

But the Senate of the United States is so much in 
the habit of making many and material amendments 
at the third reading that it has become the practice 
not to engross a bill till it has passed an irregular 
and dangerous practice, because in this way the paper 
which passes the Senate is not that which goes to 
the other House, and that which goes to the other 
House as the act of the Senate has never been seen 
in the Senate. In reducing numerous, difficult, and 
illegible amendments into the text the Secretary may, 
with the most innocent intentions, commit errors 
which can never again be corrected. 

In the House of Representatives the Clerk and not the Speaker or 
Chairman of the Committee of the Whole reads bills on second reading. 
After the second reading, which is in full, the bill is open to amendment. 



[200] 



JEFFERSON'S MANUAL, 

429, 430. 

The bill being now as perfect as its friends can 
Test of make it, this is the proper stage for 
fter th se fundamentally opposed to make 
amendment. their first attack. All attempts at 

earlier periods are with disjointed efforts, because 
many who do not expect to be in favor of the bill ulti- 
mately, are willing to let it go on to its perfect state, 
to take time to examine it themselves and to hear 
what can be said for it, knowing that after all they will 
have sufficient opportunities of giving it their veto. 
Its two last stages, therefore, are reserved for this 
that is to say, on the question whether it shall be en- 
grossed and read a third time, and, lastly, whether it 
shall pass. The first of these is usually the most in- 
teresting contest, because then the whole subject is 
new and engaging, and the minds of the Members 
having not yet been declared by any trying vote the 
issue is the more doubtful. In this stage, therefore, 
is the main trial of strength between its friends and 
opponents, and it behooves everyone to make up 
his mind decisively for this question, or he loses the 
main battle; and accident and management may, 
and often do, prevent a successful rallying on the 
next and last question, whether it shall pass. 

In the House of Representatives there are two other means of testing 
430. Test of strength one by raising the question of considera- 

strength on a bill tion when the bill first comes up (Rule XVI, cl. 3), 
before amending. an( i the other by moving to strike out the enacting 
words when it is first open to amendment (Rule XXIII, cl. 7). By 
these methods a,n adverse opinion may be expressed without permitting 
the bill to consume the time of the House. 

[201] 



JEFITERSON'S MANUAL 

431,432. 

431. indorse- When the bill is engrossed the title is 

ment of the title ^o fo e indorsed on the back, and not 

on an engrossed ' 

bui. within the bill. Hakew, 250. 

In the practice of the House of Representatives and the Senate the 
title appears in its proper place in the engrossed bill, and also is in- 
dorsed, with the number, on the back. 

SEC. XXXII. READING PAPERS. 

Where papers are laid before the House or referred 
to a committee every Member has a 

432.Parliamen- -1,11 xl_ J j. xi 

taryiawastothe right to have them once read at the 
reading of papers. table before he can be compelled to 
vote on them; but it is a great though common error 
to suppose that he has a right, toties quoties, to have 
acts, journals, accounts, or papers on the table read 
independently of the will of the House. The delay 
and interruption which this might be made to pro- 
duce evince the impossibility of the existence of such 
a right. There is, indeed, so manifest a propriety 
of permitting every Member to have as much infor- 
mation as possible on every question on which he is 
to vote, that when he desires the reading, if it be seen 
that it is really for information and not for delay, 
the Speaker directs it to be read without putting a 
question, if no one objects; but if objected to, a 
question must be put. 2 Hats., 117, 118. 

The House, by Rule XXX, has made provision as to reading a paper 
Other than that on which the House is called to give a final vote. 



[202] 



JEFFERSON'S MANUAL 

433-435. 

It is equally an error to suppose that any Member 
433. Papers not has a right, without a question put, 

ZZZSXF to la y a book or P a P er on the table, 
privilege. %&& have it read, on suggesting that it 

contains matter infringing on the privileges of the 
House. Ib. 

For the same reason a Member has not a right to 
434. Member rea d a paper in his place, if it be ob- 
not ai^ys jected to, without leave of the House. 

privileged to read * ; 

a paper in his But this rigor is never exercised but 

place " where there is an intentional or gross 

abuse of the time and patience of the House. 

A Member has not a right even to read his own 
speech, committed to writing, without leave. This 
also is to prevent an abuse of time, and therefore is 
not refused but where that is intended. 2 Grey, 227. 
A report of a committee of the Senate on a bill 
from the House of Representatives be- 
ing under consideration: on motion that 
the report of the committee of the 
House of Representatives on the same 
bill be read in the Senate, it passed in the negative. 
Feb. 28, 1793. 

In the House of Representatives ordinary reports are read only in 
time of debate (V, 5292), and subject to the authority of the House 
(V, 5293). But in a few cases, where a report does not accompany a 
bill or other proposition of action, but presents facts and conclusions, 
it is read to the House if acted on (II, 1364; IV, 4663). 



[203] 



JEFFERSON'S MANUAL 

Formerly, when papers were referred to a commit- 
tee, they used to be first read; but of 
^ ^ y ^ ^^ un i ess a Member 

reference. insists they shall be read, and then 

nobody can oppose it. 2 Hals., 117. 

In the House of Representatives under the rules petitions and com- 
munications are referred through the Clerk's desk, so that there is no 
opportunity for reading before reference (Rule XXII, cl. 1; Rule XXIV, 
cl. 2). These rules do not apply to Presidents* messages, however. 

SEC. XXXIII. PRIVILEGED QUESTIONS. 

It is no possession of a bill unless it be delivered to 
the Clerk to read, or the Speaker reads 



$ 437 

ofabmbythe the title. Lex. Parl., 274; Elysynge 

Hoasc * Mem., 85; Ord. House of Commons, 64- 

It is a general rule that the question first moved 

438. Theory as ^^ seco]a ded shall be first put. Scob., 
to privileged ** 28, 22; 2 Hats., 81. But this rule gives 



may be called privileged 
questions; and the privileged questions are of differ- 
ent grades among themselves. 

In the House of Representatives, by rule and practice the system of 
privileged motions and privileged questions has been highly developed 
(Rules XI, 726; XVI, cl. 4; XXIV, cl. 1, etc.). 

A motion to adjourn simply takes place of all 
439. precedence otjl ^ r s; for otherwise the House might 



^ e kept sitting against its will, and 
indefinitely. Yet this motion can not 
be received after another question is actually put 
and while the House is engaged in voting. 



204] 



JEFFERSON'S MANUAL 

440. 

The rules and practice of the House of Representatives have pre- 
scribed comprehensively the privilege and status of the motion to 
adjourn (Rule XVI, cl. 4) . The motion intervenes between the putting 
of the question and the voting, and also between the different methods 
of voting, as between a vote by division and a vote by yeas and nays, as 
after the yeas and nays are ordered and before the roll call begins 
(V, 5366). But after the roll call begins it may not be interrupted 
(V, 6053). 

Orders of the day take place of all other questions, 
440. obsolete except for adjournment that is to say, 
S^^er^ *h e question which is the subject of an 
orders of the day. order is made a privileged one, pro hac 
vice. The order is a repeal of the general rule as to 
this special case. When any Member moves, there- 
fore, for the order of the day to be read, no further 
debate is permitted on the question which was before 
the House; for if the debate might proceed it might 
continue through the day and defeat the order. This 
motion, to entitle it to precedence, must be for the 
orders generally, and not for any particular one; 
and if it be carried on the question, "Whether the 
House will now proceed to the orders of the day?" 
they must be read and proceeded on in the course in 
which they stand, 2 Hats., 83 '; for priority of order 
gives priority of right, which can not be taken away 
but by another special order. 

"Orders of the day," in the technical sense, have disappeared from 
the practice of the House (IV, 3057) although in one of the rules a men- 
tion of them has survived (Rule XXIV, cl. 1) . "Special orders," which 
are used occasionally for bringing up matters not regularly in order, are 
based on a theory entirely different from that of the orders of the day, 
-which were a part of the regular and daily order of business (IV, 3151) , 



[205] 



JEFFERSON'S MANUAL 

441-443. 

After these there are other privileged questions, 
H4i. Jefferson^ which will require considerable explana- 

dlscussionofcer- -Hnn 
tain privileged tlOn - 

motions. It is proper that every parliamentary 

assembly should have certain forms of questions, so 
adapted as to enable them fitly to dispose of every 
proposition which can be made to them. Such are: 
1. The previous question. 2. To postpone indefi- 
nitely. 3. To adjourn a question to a definite day. 
4. To lie on the table. 5. To commit. 6. To 
amend. The proper occasion for each of these ques- 
tions should be understood. 

The House of Representatives by Rule XVI, cl. 4, has established 
the priority and other conditions of motions of this kind. 

1. When a proposition is moved which it is useless 

or inexpedient now to express or dis- 

442* Obsolete use ^ ^ 

of the previous cuss, the previous question has been 
question. introduced for suppressing for that time 

the motion and its discussion. 8 Hats., 188, 189. 

The previous question of the parliamentary law has been changed by 
the House of Representatives into an instrument of entirely different 
use (V, 5445; Rule XVII). 

2. But as the previous question gets rid of it only 

5443. The motion * OT ^^ ^^ ^^ *he same proposition 
to postpone may recur the next dav, if they wish to 

Indefinitely. * * J 

suppress it for the whole of that session, 
they postpone it indefinitely. 3 Hats., 183. This 
quashes the proposition for that session, as an indefi- 
nite adjournment is a dissolution, or the continuance 
of a suit sine die is a discontinuance of it. 

[206] 



MANUAL 

444. 445. 

As already explained, in the House of Representatives the previous 
question is no longer used as a method of postponement (V, 5445). 
The House uses the motion to postpone indefinitely, and in Rule XVI, 
cl. 4, and the practice thereunder has defined the nature and use of 
the motion, 

3. When a motion is made which it will be proper 
,, , to act on, but information is wanted, 

444. Postpone- ' . ' 

menttoaday or something more pressing claims the 
certain " present time, the question or debate is 

adjourned to such a day within the session as will 
answer the views of the House. 2 Hats., 81. And 
those who have spoken before may not speak again 
when the adjourned debate is resumed. & Hats., 
78. Sometimes, however, this has been abusively 
used by adjourning it to a day beyond the session, 
to get rid of it altogether, as would be done by an 
indefinite postponement. 

The House of Representatives does not use the motion to adjourn a 
debate. But it accomplishes the purpose of such a procedure by the 
motion to postpone to a day certain, which applies, not to a debate, but 
to the bill or other proposition before the House. Of course, if a 
bill which is under debate is postponed, the effect is to postpone the 
debate. The conditions and use of the motion are treated under 
Rule XVI, cl. 4. 

4. When the House has something else which 
445. Motion to claims its present attention, but would 
lay on the tawe. fo e w^ng to reserve in their power to 
take up a proposition whenever it shall suit them, 
they order it to lie on their table. It may then be 
called for at any time. 

This is the use of the motion to lay on the table which is established 
in the general parliamentary law, and was followed in the early practice 

[207] 



JEFFERSON'S MANUAL 

446. 447. 

of the House of Representatives. But by an interesting evolution in the 
House the motion has now come to serve an entirely new purpose, 
being used for the final, adverse disposition of a matter (Rule XVI, cl. 4; 
V 5389). And a matter once laid on the table may be taken therefrom 
only by suspension of the rules (V, 6288) or similar process, unless it 
be a matter of privilege (V, 5438, 5439) such as bills vetoed by the 
President (IV, 3549; V, 5439). A proposition to impeach having 
been laid on the table, a similar or identical proposition may be again 
brought up (III, 2049; VI, 541). 

5. If the proposition will want more amendment 

and digestion than the formalities of 

446. Delegation of TT -n xl J. . j^ 

consideration to the House will conveniently admit, they 
c * mmutees - refer it to a committee. 

6. But if the proposition be well digested, and may 
need but few and simple amendments, and especially 
if these be of leading consequence, they then proceed 
to consider and amend it themselves. 

In the House of Representatives it is a general rule that all business 
goes to committees before receiving consideration in the House itself. 
Occasionally a question of privilege or a minor matter of business is pre- 
sented and considered at once by the House. 

The Senate, in their practice, vary from this regu- 
447. Privileged lar graduation of forms. Their practice 
sf < comparatively with that of Parliament 

Parliament. Stands 



FOR THE PARLIAMENTARY: THE SENATE USES: 
Postponement indefinite, Postponement to a day be- 

yond the session. 
Adjournment, Postponement to a day 

within the session. 

Lying on table, (Postponement indefinite. 

iLying on the table. 



JEFFEHSON'S MANUAL 

448. 

In their eighth rule, therefore, which declares that 
while a question is before the Senate no motion shall 
be received, unless it be for the previous question, or 
to postpone, commit, or amend the main question, 
the term postponement must be understood accord- 
ing to their broad use of it, and not in its parlia- 
mentary sense. Their rule, then, establishes as privi- 
leged questions the previous question, postponement, 
commitment, and amendment. 

The House of Representatives govern these motions by Rule XVI, 
cl. 4. 

But it may be asked: Have these questions any 
448. obsolete pro- privilege among themselves? or are 
teT*drivi- they so equal that the common prin- 
ted motions. ciple of the "first moved first put 
takes place among them? This will need explana- 
tion. Their competitions may be as follows: 

1. Previous question and postpone! 

commit L ,, , 

, In the first, sec- 

o -D . ,, ^ ond, and third 

2. Postpone and previous question j d ^ ^ 

commit } ~ , , - 

, first member of 

amend J ,, ,, ! 

~ ., j . ,. \ the fourth class, 

3. Commit and previous question | ., , "first 

postpone 

A A A A ^ 

4. Amend and previous question ] Jr 1 

. I iDiace. 
postpone) ^ 

commit J 

[209] 



JEFFERSON'S MANUAL 

449. 

In the first class, where the previous question is 
first moved, the effect is peculiar; for it not only 
prevents the after motion to postpone or commit from 
being put to question before it, but also from being 
put after it; for if the previous question be decided 
affirmatively, to wit, that the main question shall 
now be put, it would of course be against the decision 
to postpone or commit; and if it be decided nega- 
tively, to wit, that the main question shall not now 
be put, this puts the House out of possession of the 
main question, and consequently there is nothing 
before them to postpone or commit. So that neither 
voting for nor against the previous question will 
enable the advocates for postponing or committing 
to get at their object. Whether it may be amended 
shall be examined hereafter. 

Rule XVI, cl. 4, of the House of Representatives renders these pro- 
visions as to priority of motions obsolete. The entire change in the 
character of the previous question also renders obsolete the discussion 
of its relations to other motions, 

Second class. If postponement be decided affirma- 
449. Genena prin- tivel y> the proposition is removed 
cipiefl of priority from before the House, and conse- 
o mo on*. quently there is no ground for the 

previous question, commitment or amendment; but 
if decided negatively (that it shall not be postponed), 
the main question may then be suppressed by the 
previous question, or may be committed, or amended. 

The previous question is used now for bringing a vote on the main 
question and not for suppressing it. 

[210] 



JEFFERSON'S MANUAL 

449. 

The third class is subject to the same observations 
as the second. 

The fourth class. Amendment of the main ques- 
tion first moved, and afterwards the previous ques- 
tion, the question of amendment shall be first put. 

In : present practice of the House the question on the previous question 
would be put first, and being decided affirmatively would force a vote 
on the amendment and then on the main question. 

Amendment and postponement competing, post- 
ponement is first put, as the equivalent proposition to 
adjourn the main question would be in Parliament. 
The reason is that the question for amendment is not 
suppressed by postponing or adjourning the main 
question, but remains before the House whenever the 
main question is resumed; and it might be that the 
occasion for other urgent business might go by, and 
be lost by length of debate on the amendment, if the 
House had it not in their power to postpone the whole 
subject. 

Amendment and commitment. The question for 
committing, though last moved shall be first put; be- 
cause, in truth, it facilitates and befriends the motion 
to amend. Scobell is express: "On motion to amend 
a bill, anyone may notwithstanding move to commit 
it, and the question for commitment shall be first 
put," Scab., 46. 

These principles of priority of privileged motions are recognized in 
the House of Representatives, and are provided for by Rule XVI, cl. 4. 



[211] 



JEFFERSON'S 

450, 451. 

We have hitherto considered the case of two or 
more of the privileged questions con- 

450. Application . ., , , ,, 

of the previous tending for privilege between them- 
abte^To^d^nd selves, when both are moved on the 
privileged motions, original or main question; but now let 
us suppose one of them to be moved, not on the 
original primary question, but on the secondary 
one, e. g.: 

Suppose a motion to postpone, commit, or amend 
the main question, and that it be moved to suppress 
that motion by putting a previous question on it. 
This is not allowed, because it would embarrass 
questions too much to allow them to be piled on 
one another several stories high; and the same result 
may be had in a more simple way by deciding 
against the postponement, commitment, or amend- 
ment. X Hats., 81, 2, 3, 4- 

While the general principle that one secondary or privileged motion 
should not be applied to another is generally recognized in the House of 
Representatives, yet the entire change in the nature of the previous 
question (V, 5445) from a means of postponing a matter to a means of 
compelling an immediate vote, makes obsolete the parliamentary rule. 
For as the motions to postpone, commit, and amend, are all debatable, 
the modern previous question of course applies to them (Rule XVII, 
cl. 1). 

Suppose a motion for the previous question, or 
45i. Motion to commitment or amendment of the main 
Sc n toother question, and that it be then moved to 
secondary motions, postpone the motion for the previous 
question, or for commitment or amendment of the 
main question. 1. It would be absurd to postpone 



JEFFERSON'S MANUAL 

452. 

the previous question, commitment, or amendment, 
alone, and thus separate the appendage from its 
principal; yet it must be postponed separately from 
its original, if at all; because the eighth rule of the 
Senate says that when a main question is before the 
House no motion shall be received but to commit, 
amend, or pre-question the original question, which 
is the parliamentary doctrine also. Therefore the 
motion to postpone the secondary motion for the pre- 
vious question, or for committing or amending, can 
not be received. 2. This is a piling of questions one 
on another; which, to avoid embarrassment, is not 
allowed. 3. The same result may be had more sim- 
ply by voting against the previous question, commit- 
ment, or amendment. 

Suppose a commitment moved of a motion for the 
previous question, or to postpone or amend. The 
first, second, and third reasons, before stated, all hold 
against this. 

The principles of this paragraph are in harmony with the practice of 
the House of Representatives, which provides further that a motion to 
suspend the rules may not be postponed (V, 5322) . 

Suppose an amendment moved to a motion for the 
452. The motion previous question. Answer: The pre- 
^Mbtoto^be vious question can not be amended, 
previous question. Parliamentary usage, as well as the 
ninth rule of the Senate, has fixed its form to be, 
"Shall the main question be now put?' 7 i. e., at this 
instant; and as the present instant is but one, it can 

62581 H. Doc. 459, S6-2 15 [213] 



JEFFERSON'S MANUAL 

453,454. 

admit of no modification. To change it to to-morrow, 
or any other moment, is without example and without 
utility. * * * 

Although the nature of the previous question has entirely changed, 
yet the principle of the parliamentary law applies to the new form. 

* * * But suppose a motion to amend a motion 
453. Motion to for postponement, as to one day instead 
amend applicable o f ano ther, or to a special instead of an 

to motions to post- 3 ^ 

pone or refer. indefinite time. The useful character 
of amendment gives it a privilege of attaching itself 
to a secondary and privileged motion; that is, we 
may amend a postponement of a main question. So, 
we may amend a commitment of a main question, as 
by adding, for example, "with instructions to in- 
quire/ 3 &c. * * * 

This principle is recognized in the practice of the House of Repre- 
sentatives (V, 5521). 

* * * In like manner, if an amendment be 

moved to an amendment, it is admitted; 

454. Amendment . . ; . ; 

in the third degree but it would not be admitted in another 
not w order. degree, to wit, to amend an amendment 

to an amendment of a main question. This would 
lead to too much embarrassment. The line must be 
drawn somewhere, and usage has drawn it after the 
amendment to the amendment. The same result 
must be sought by deciding against the amendment 
to the amendment, and then moving it again as it 
was wished to be amended. In this form it becomes 
only an amendment to an amendment. 

[214] 



J'EFFERSOK'S MANUAL 

455. 

This rule of the parliamentary law is considered fundamental in the 
House of Representatives (Rule XIX). 

[In filling a blank with a sum, the largest sum shall 
455. Fining be first put to the question, by the 

!to thirteenth rule of the Senate, contrary 
numbers. to the rule of Parliament, which privi- 

leges the smallest sum and longest time. 5 Grey, 179; 
2 Hats., 8, 88; 3 Hats., 132, 133.} And this is con- 
sidered to be not in the form of an amendment to the 
question, but as alternative or successive originals. 
In all cases of time or number, we must consider 
whether the larger comprehends the lesser, as in a 
question to what day a postponement shall be, the 
number of a committee, amount of a fine, term of an 
imprisonment, term of irredeemability of a loan, or 
the terminus in quern in any other case; then the 
question must begin a maximo. Or whether the 
lesser includes the greater, as in questions on the 
limitation of the rate of interest, on what day the 
session shall be closed by adjournment, on what day 
the next shall commence, when an act shall com- 
mence or the terminus a quo in any other case where 
the question must begin a minimo; the object being 
not to begin at that extreme which, and more, being 
within every man's wish, no one could negative it, 
and yet, if he should vote in the affirmative, every 
question for more would be precluded; but at that 
extreme which would unite few, and then to advance 
or recede till you get to a number which will unite a 



215] 



JEFFERSON'S MANUAL 

456, 457. 

bare majority. 8 Grey, 876, 384, 885. "The fair 
question in this case is not that to which, and more, 
all will agree, but whether there shall be addition to 
the question." 1 Grey, 365. 

The Thirteenth Rule of the Senate has been dropped. The House of 
Representatives has no rule on the subject other than this provision of 
the parliamentary law. It is very rare for the House to fill blanks for 
numbers. When a number is to be changed by amendment, the prac- 
tice of the House permits to be pending a second number as an amend- 
ment, a third as an amendment to the amendment, a fourth as a 
substitute, and a fifth as an amendment to the substitute. 

Another exception to the rule of priority is when a 
456. Priority of motion has been made to strike out, 
ZttaTtort^ or agree to, a paragraph. Motions to 
out or agree. amend it are to be put to the question 

before a vote is taken on striking out or agreeing to 
the whole paragraph. 

In the House of Representatives the principle that a text should be 
perfected before a question is taken on striking it out, and that an 
amendment should be perfected before agreeing to it, is well established. 
But in considering bills, even by paragraphs, the House does not agree 
to the paragraphs severally; but after amending one passes to the next, 
and the question on agreeing is taken only on the whole bill by the 
several votes on engrossment and passage. 

But thei*e are several questions which, being inci- 
457. incidental dental to every one, will take place of 
every one, privileged or not; to wit, a 



. 
which intervene question of order arising; out of anv 

during considers- ,, . , , ?.,,,- 

tum of the main other question must be decided before 
that q uestion ^ Hats., 88. 



[216] 



JEFFERSON S MANUAL 

458-460. 

This principle governs the procedure of the House of Representatives, 
but a question of order arising after a motion for the previous question 
must be decided without debate (Rule XVII, cl. 3.) 

A matter of privilege arising out of any question, or 
* from, a quarrel between two Members, 

458. Matters of ^ ; 

privilege as inter- or any other cause, supersedes the con- 
vening questions. gideration of the original question, and 
must be first disposed of. 2 Hats., 88. 

Rule IX of the House of Representatives and the practice there- 
under, confirm and amplify the principles of this provision of the 
parliamentary law. 

Reading papers relative to the ques- 



459, intervention ^ on before the House. This question 

of questions relating ... 

to reading of papers, must be put before the principal one. 
2 Hats., 88. 

This provision is applicable in the House of Representatives so far as 
it concerns papers other than those on which the House is called on to 
give a final vote. The House has treated it more fully in Rule XXX 
and the practice thereunder. 

Leave asked to withdraw a motion. The rule of 
460. withdrawal Parliament being that a motion made 
of motions. an( j secon( j e( i i s in the possession of the 

House, and can not be withdrawn without leave, the 
very terms of the rule imply that leave may be given, 
and, consequently, may be asked and put to the 
question. 

The House of Representatives does not vote on the withdrawal of 
motions; but provides by Rules XVI, cl. 2, and XXIII, cl. 5, the condi- 
tions under which a Member may of his own right withdraw a motion. 



[217] 



JEFFERSON'S MANUAL 

464. 

Before the question "Whether the main question 
shall now be put? 7 ' any person might formerly have 
spoken to the main question, because otherwise he 
would be precluded from speaking to it at all. Mem. 
in Hakew., 28. 

The proper occasion for the previous question is 
when a subject is brought forward of a delicate 
nature as to high personages, &c., or the discussion of 
which may call forth observations which might be of 
injurious consequences. Then the previous question 
is proposed, and in the modern usage the discussion 
of the main question is suspended and the debate 
confined to the previous question. The use of it has 
been extended abusively to other cases, but in these 
it has been an embarrassing procedure. Its uses 
would be as well answered by other more simple 
parliamentary forms, and therefore it should not be 
favored, but restricted within as narrow limits as 
possible. 

As explained in connection with Rule XVII, the House of Representa- 
tives has changed entirely the old use of the previous question (V, 5445) 

Whether a main question may be amended after 
the previous question on it has been 
moved and seconded? * Hats., 88, 
sa y s > if *h e previous question has been 
moved and seconded, and also proposed 
from the Chair (by which he means stated by the 
Speaker for debate), it has been doubted whether an 
amendment can be admitted to the main question. 

[219] 



JEFFERSON'S MANUAL 

464. 

He thinks it may, after the previous question moved 
and seconded, but not after it has been proposed from 
the Chair. In this case he thinks the friends to the 
amendment must vote that the main question be not 
now put, and then move their amended question, 
which being made new by the amendment, is no 
longer the same which has been just suppressed, and 
therefore may be proposed as a new one. But this 
proceeding certainly endangers the main question by 
dividing its friends, some of whom may choose it 
unamended rather than lose it altogether, while 
others of them may vote, as Hatsell advises, that the 
main question be not now put, with a view to move 
it again in an amended form. The enemies of the 
main question, by this maneuver to the previous 
question, get the enemies to the amendment added 
to them on the first vote, and throw the friends of 
the main question under the embarrassment of rally- 
ing again as they can. To support this opinion, too, 
he makes the deciding circumstance, whether an 
amendment may or may not be made, to be, that 
the previous question has been proposed from the 
Chair. But, as the rule is that the House is in posses- 
sion of a question as soon as it is moved and seconded, 
it can not be more than possessed of it by its 
being also proposed from the Chair. It may be 
said, indeed, that the object of the previous ques- 
tion being to get rid of a question, which it is 



[220] 



JEFFERSON'S MANUAL 

1464. 

not expedient should be discussed, this object may 
be defeated by moving to amend; and in the discus- 
sion of that motion, involving the subject of the main 
question. But so may the object of the previous 
question be defeated by moving the amended ques- 
tion, as Mr. Hatsell proposes, after the decision 
against putting the original question. He acknowl- 
edges, too, that the practice has been to admit pre- 
vious amendments, and only cites a few late instances 
to the contrary. On the whole, I should think it best 
to decide it ab inconvenient!, to wit: Which is most 
inconvenient, to put it in the power of one side of the 
House to defeat a proposition by hastily moving the 
previous question and thus forcing the main ques- 
tion to be put unamended, or to put it in the power 
of the other side to force on, incidentally at least, a 
discussion which would be better avoided? Perhaps 
the last is the least inconvenience, inasmuch as the 
Speaker, by confining the discussion rigorously to 
the amendment only, may prevent their going into 
the main question; and inasmuch also as so great a 
proportion of the cases in which the previous ques- 
tion is called for are fair and proper subjects of pub- 
lic discussion and ought not to be obstructed by 
a formality introduced for questions of a peculiar 
character. 

This discussion has no bearing on the modern uses of the previous 
question. 



[221] 



JEFFERSON'S MANUAL 

465,466. 

SEC. XXXV. AMENDMENTS. 

On an amendment being moved, a 

465. Right of the - >. 

Member who has Member who had spoken to the mam 
^S^n^^kto question may speak again to the amend- 

anamendment. gCOb., 23. 



This parliamentary rule is of effect in the House of Representatives, 
where the hour rule of debate (Rule XIV, cl. 2) has been in force for 
many years. A Member who has spoken an hour to the main question, 
may speak another hour to an amendment (V, 4994; VIII, 2449). 

If an amendment be proposed inconsistent with 
one already agreed to, it is a fit ground 
for its rejection by the House, but not 
within the competence of the Speaker 



nt with one to suppress as if it were against order. 

already agreed to. ** 

For were he permitted to draw ques- 
tions of consistence within the vortex or order, he 
might usurp a negative on important modifications, 
and suppress, instead of subserving, the legislative will. 

The practice of the House of Representatives follows and extends the 
principle set forth by Jefferson. Thus it has been held that the fact 
that a proposed amendment is inconsistent with the text or embodies a 
proposition already voted (II, 1328-1336; VIII, 2834), or would in 
effect change a provision of text to which both Houses h^ave agreed 
(II, 1335; V, 6183-6185), or is contained in substance in a later portion 
of the bill (II, 1327), is a matter to be passed on by the House rather 
than by the Speaker. It is for the House rather than the Speaker to 
decide on the legislative or legal effect of a proposition (II, 1323, 1324; 
VI, 254; VII, 2112; VIII, 2280, 2841) ; and the change of a single word in 
the text of a proposition may be sufficient to prevent the Speaker ruling 
it out of order as one already disposed of by the House (II, 1274) . This 
principle has been the subject of conflicting decisions, from which may 
be deduced the rule that the Chair may rule out the proposition unless 
it presents substantially a different proposition (VI, 256; VIII 2834 
2835, 2838, 2840, 2842, 2850, 2856). 

[222] 



JEFFERSON'S MANUAL 

467, 468. 

Amendments may be made so as totally to alter 
467. Thepariia- *^ e nature of the proposition; and it 
mentaijiawandthe s a way o f getting rid of a proposition 

rules of the House i i 

as to germane by making it bear a sense different from 

amendments. w h a t it was intended by the movers, so 

that they vote against it themselves. 2 Hats., 79; 4, 
82, 84. A new bill may be ingrafted, by way of 
amendment, on the words, "Be it enacted/' etc. 1 
Grey, 190, 192. 

This was the rule of Parliament, which did not require an amendment 
to be germane (V, 5802, 5825). But the House of Representatives 
from its first organization, has by rule required that an amendment 
should be germane to the pending proposition (Rule XVI, el. 7) . 

If it be proposed to amend by leaving out certain 
468. The amend- words, it may be moved, as an amend- 
teT* ment to this amendment, to leave out 
bm - a part of the words of the amendment, 

which is equivalent to leaving them in the bill. 2 
Hats., 80, 9. The parliamentary question is, always, 
whether the words shall stand part of the bill. 

In the House of Representatives the question herein described is 
never put as in Parliament, but is always, whether the words shall be 
stricken out; and if there is a desire that certain of the words included 
in the amendment remain part of the bill, it is expressed, not by amend- 
ing the amendment, but by a preferential motion to strike from the 
specified words a portion of them. If this is carried the portion thus 
removed remains a part of the bill and the vote recurs on striking 
out the residue (V, 5770). And when a motion to strike out certain 
words is disagreed to, it is in order to move to strike out a portion of 
those words (V, 5769) ; but when it is proposed to strike out certain 
words in a paragraph, it is not in order to amend those words by 
including with them other words of the paragraph (V, 5768; VIII, 
2848). It is in order to insert by way of amendment a paragraph 

[223] 



JEFFERSON'S 

$469. 

similar (but not actually identical) to one already stricken out by 
amendment (V, 5760). 

When it is proposed to amend by inserting a para- 
$ 469. principle*,* graph, or part of one, the friends of the 
paragraph may make it as perfect as 



out. they can by amendments before the 

question is put for inserting it. If it be received, it 
cannot be amended afterward in the same stage, 
because the House has, on a vote, agreed to it in that 
form. In like manner, if it is proposed to amend by 
striking out a paragraph, the friends of the paragraph 
are first to make it as perfect as they can by amend- 
ments, before the question is put for striking it out. 
If on the question it be retained, it cannot be amended 
afterward, because a vote against striking out is 
equivalent to a vote agreeing to it in that form. 

1 The principles herein set forth are recognized as in force in the House 
of Representatives, with the exception that Rule XVI, cl. 7, specifically 
provides that "a motion to strike out being lost shall neither preclude 
amendments nor a motion to strike out and insert." But after an 
amendment to insert has been agreed to, the matter inserted ordinarily 
may not then be amended (V, 5761-5763; VIII, 2852) in any way that 
would change its text; but an amendment may be added at the end 
(V, 5759, 5764, 5765). 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 (V, 5758; VIII, 2860); and while amendments are pending to a 
section a motion to strike it out may not be offered (V, 5771; VIII, 
2861). In the peculiar situation wherein, when a motion to strike out 
a paragraph is pending, the paragraph is perfected by a substitute 
amendment, the pending motion to strike out must fall, since it would 
not be in order to strike out exactly what it has just been voted to 
insert (V, 5792; VIII, 2854; July 12, 1951, p. 8090). 



[224] 



JEFFERSON'S MANUAL 

H 470, 471. 

When it is moved to amend by striking out certain 
5 470 Reading the WOY & S %&& inserting others, the manner 
motion ana putn of stating the question is first to read 
motion^swto* the whole passage to be amended as it 
out and insert. stands at present, then the words pro- 
posed to be struck out, next those to be inserted, and 
lastly the whole passage as it will be when amended. 
And the question, if desired, is then to be divided, 
and put first on striking out. If carried, it is next 
on inserting the words proposed. If that be lost, it 
may be moved to insert others. 2 Hats., 80, 7. 

Rule XVI, cl. 7, of the House of Representatives provides specifically 
that the motion to strike out and insert shall not be divided. Other- 
wise, as to the manner of stating the question, it is usual for the clerk to 
read only the words to be stricken out and the words to be inserted. 
Usually this is sufficient, as the Members may have before them printed 
copies of the bill under consideration. 

A motion is made to amend by striking out certain 
471. conditions words and inserting others in their place, 
?. which is negatived. Then it is moved 
out and insert. to strike out the same words, and to 
insert others of a tenor entirely different from those 
first proposed. It is negatived. Then it is moved to 
strike out the same words and insert nothing, which 
is agreed to. All this is admissible, because to strike 
out and insert A is one proposition. To strike out 
and insert B is a different proposition. And to strike 
out and insert nothing is still different. And the re- 
jection of one proposition does not preclude the 
offering a different one. Nor would it change the case 

[225] 



JEFFERSON'S MANUAL 

472, 473. 

were the first motion divided by putting the question 
first on striking out, and that negatived; for, as put- 
ting the whole motion to the question at once would 
not have precluded, the putting the half of it cannot 
do it. 

As to Jefferson's supposition that the principle would hold good in 
case of division of the motion to strike out and insert it is not necessary 
to inquire, since Rule XVI, cl. 7, of the House of Representatives forbids 
division of the motion. In a footnote Jefferson expressed himself as 
follows: "In the case of a division of the question, and a decision 
against striking out, I advance doubtingly the opinion here expressed. 
I find no authority either way, and I know it may be viewed under a 
different aspect. It may be thought that, having decided separately 
not to strike out the passage, the same question for striking out cannot 
be put over again, though with a view to a different insertion. Still 
I think it more reasonable and convenient to consider the striking out 
and insertion as forming one proposition, but should readily yield to 
any evidence that the contrary is the practice in Parliament." 

The principle set forth by Jefferson as to repetition of the motion to 
strike out prevails in the House of Representatives, 

472. Application where it has been held in Qrd af ^ ^ failure of a 

ot the motion to ...,., , , . , , ., 

strikeout. motion to strike out certain words, to move to strike 

out a portion of those words .(V, 5769; VIII, 2858). 
When a bill is under consideration by paragraphs, a motion to strike 
out applies only to the paragraph under consideration (V, 5774), 

But if it had been carried affirmatively to strike 
473. Effect of out the words and to insert A, it could 
^ 011 not afterward be permitted to strike 

outand insert. Qut ^ an( J {^3^ ft rpj^ mover Q f g 

should have notified, while the insertion of A was 
under debate, that he would move to insert B; 
in which case those who preferred it would join in 
rejecting A. 

This principle controls the practice of the House of Representatives. 

E226J 



JEFFERSON'S MAKUAL 

474, 475. 

After A is inserted, however, it may be moved to 
474. conditions strike out a portion of the original para- 
S ra P h > comprehending A, provided the 
coherence to be struck out be so sub- 
stantial as to make this effectively a different propo- 
sition; for then it is resolved into the common case of 
striking out a paragraph after amending it. Nor 
does anything forbid a new insertion, instead of A 
and its coherence. 

The principles of this paragraph have been followed in the House of 
Representatives (V, 5763) , but in one case wherein words embodying a 
distinct substantive proposition had been agreed to as an amendment 
to a paragraph, it was held not in order to strike out a part of the words 
of this amendment with other words of the paragraph (V, 5766). 

In Senate, January 25, 1798, a motion to postpone 
. . . * ' * until the second Tuesday in February 

475. Amendments J J 

muni blanks as to some amendments proposed to the Con- 
tune " stitution; the words "until the second 

Tuesday in February" were struck out by way of 
amendment. Then it was moved to add, "until the 
first day of June." Objected that it was not in order, 
as the question should be first put on the longest time; 
therefore, after a shorter time decided against, a 
longer cannot be put to question. It was answered 
that this rule takes place only in filling blanks for time. 
But when a specific time stands part of a motion, that 
may be struck out as well as any other part of the 
motion; and when struck out, a motion may be 
received to insert any other. In fact, it is not until 
they are struck out, and a blank for the time thereby 

[227] 



JEFFERSON'S 

$476. 

produced, that the rule can begin to operate, by 
receiving all the propositions for different times, and 
putting the questions successively on the longest. 
Otherwise it would be in the power of the mover by 
inserting originally a short time, to preclude the 
possibility of a longer, for till the short time is struck 
out, you cannot insert a longer; and if, after it is 
struck out, you cannot do it, then it cannot be done 
at all. Suppose the first motion had been made to 
amend by striking out "the second Tuesday in Feb- 
ruary," and inserting instead thereof "the first of 
June," it would have been regular, then, to divide the 
question, by proposing first the question to strike out, 
and then that to insert. Now, this is precisely the 
effect of the present proceeding; only, instead of one 
motion and two questions, there are two motions and 
two questions to effect it the motion being divided 
as well as the question. 

The motion to strike out and insert may not be divided in the House 
of Representatives (Rule XVI, cl. 7). 

When the matter contained in two bills might be 
M76. joining and better put into one, the manner is to 
dividing bins. reject the one and incorporate its mat- 
ter into another bill by way of amendment. So if 
the matter of one bill would be better distributed 
into two, any part may be struck out by way of 
amendment, and put into a new bill. * * * 

In the modern practice of the House of Representatives each bill 
comes before the House by itself; and if it were proposed to join one 
bill to another it would be done by offering the text of the one as an 

[228] 



JEFFERSON'S MANUAL 

477-480. 

amendment to the other, without disturbing the first bill in its place 
on the calendar. Where it is proposed to divide a bill, the object is 
accomplished in the House of Representatives by moving to recommit 
with instructions to the committee to report two bills (V, 5527, 5528). 

* * * If a section is to be transposed, a question 

477 Transposition mus * ^ e P ut on striking it out where it 
of the sections of a stands and another for inserting it in 
the place desired. 

This principle is followed in the practice of the House of Representa- 
tives (V, 5775, 5776). 

A bill passed by the one House with blanks. These 
may be filled up by the other by way 

78. Filling 

blanks left by the of amendments, returned to the first 
other ouse. as such, and passed. 8 Hats., 83. 

The number prefixed to the section of a bill, being 
merely a marginal indication, and no 

5 479. Clerk amends /. i PI --M i y^ii 

the section numbers part of the text of the bill, the Clerk 
of a bui. regulates that the House or committee 

is only to amend the text. 

SEC. XXXVI. DIVISION OF THE QUESTION. 

If a question contain more parts than one, it may 

be divided into two or more questions. 

tary ia w for division Mem. in Hakew.j 29. But not as the 

of the question. right Q an ^dividual mem ber, but with 

the consent of the House. For who is to decide 
whether a question is complicated or not where it 
is complicated into how many propositions it may 
be divided? The fact is, that the only mode of sepa- 
rating a complicated question is by moving amend- 

62581 H. Doc. 459, 86-2 16 [229] 



JEFFERSON'S MANUAL 

481. 

ments to it; and these must be decided by the House, 
on a question, unless the House orders it to be 
divided; as, on the question, December 2, 1640, mak- 
ing void the election of the knights for Worcester, on 
a motion it was resolved to make two questions of it, 
to wit, one on each knight. 2 Hats., 85, 86. So, 
wherever there are several names in a question, they 
may be divided and put one by one. 9 Grey, 444. 
So, 1729, April 17, on an objection that a question 
was complicated, it was separated by amendment. 
2 Hats., 79. 

The House of Representatives, by Rule XVI, cl. 6, and the practice 
thereunder, has established a procedure differing materially from that 
above set forth. 

The soundness of these observations will be evi- 

481 Jefferson's ^^ from the embarrassments produced 

dtecwisioiiofdivi. by the XVIIIth rule of the Senate, 

question. W J I J C J ]L sa y S ^ jf ^he question in debate 

contains several points, any member may have the 
same divided/ 7 

1798, May 30, the alien bill in quasi-committee. 
To a section and proviso in the original, had been 
added two new provisos by way of amendment. On 
a motion to strike out the section as amended, the 
question was desired to be divided. To do this it 
must be put first on striking out either the former 
proviso, or some distinct member of the section. But 
when nothing remains but the last member of the sec- 
tion and the provisos, they cannot be divided so as to 
put the last member to question by itself, for the pro- 

[230] 



JEFFERSON'S MANUAL 

5481. 

visos might thus be left standing alone as exceptions 
to a rule when the rule is taken away; or the new 
provisos might be left to a second question, after 
having been decided on once before at the same 
reading, which is contrary to rule. But the question 
must be on striking out the last member of the section 
as amended. This sweeps away the exceptions with 
the rule, and relieves from inconsistence. A ques- 
tion to be divisible must comprehend points so dis- 
tinct and entire that one of them being taken away, 
the other may stand entire. But a proviso or ex- 
ception, without an enacting clause, does not contain 
an entire point or proposition. 

May 31. The same bill being before the Senate. 
There was a proviso that the bill should not extend 
1. To any foreign minister; nor, 2. To any person to 
whom the President should give a passport; nor, 3. 
To any alien merchant conforming himself to such 
regulations as the President shall prescribe; and a 
division of the question into its simplest elements was 
called for. It was divided into four parts, the 4th 
taking in the words "conforming himself/' &c. It 
was objected that the words "any alien merchant," 
could not be separated from their modifying words, 
"conforming/ 7 &c., because these words, if left by 
themselves, contain no substantive idea, will make 
no sense. But admitting that the divisions of a 
paragraph into separate questions must be so made 
as that each part may stand by itself, yet the House 



JEFFERSON'S 

({482*488. 

having, on the question, retained the two first divi- 
sions, the words "any alien merchant'' may be struck 
out, and their modifying words will then attach 
themselves to the preceding description of persons, 
and become a modification of that description. 
When a question is divided, after the question on 
the 1st member, the 2d is open to debate 
and amendment; because it is a known 
to debate or J^Q that a person may rise and speak 

8111611 "* at any time before the question has been 

completely decided, by putting the negative as well 
as affirmative side. But the question is not com- 
pletely put when the vote has been taken on the first 
member only. One-half of the question, both affirm- 
ative and negative, remains still to be put. See 
Execut. Jour., June 25, 1795. The same decision by 
President Adams. 

SEC. XXXVII. COEXISTING QUESTIONS. 

It may be asked whether the House can be in pos- 
session of two motions or propositions 

at the same time? so that > one of them 
being decided, the other goes to ques- 
tion without being moved anew? The answer must 
be special. When a question is interrupted by a vote 
of adjournment, it is thereby removed from before 
the House, and does not stand ipso facto before them 
at their next meeting, but must come forward in the 
usual way. So, when it is interrupted by the order 

[282] 



JEFFERSON'S MANUAL 

484. 

of the day. Such other privileged questions also as 
dispose of the main question (e. g., the previous ques- 
tion, postponement, or commitment), remove it from 
before the House. But it is only suspended by a 
motion to amend, to withdraw, to read papers, or by a 
question of order or privilege, and stands again before 
the House when these are decided. None but the 
class of privileged questions can be brought forward 
while there is another question before the House, the 
rule being that when a motion has been made and 
seconded, no other can be received except it be a 
privileged one. 

The principles of this provision must, of course, be viewed in the light 
of a more highly perfected order of business than existed in Jefferson's 
tune (Rule XXIV). The motion to withdraw is not known in the prac- 
tice of the House, not being among the motions enumerated in Rule 
XVI, cl. 4. 

SEC. XXXVIII. EQUIVALENT QUESTION'S. 

If, on a question for rejection, a bill be retained, it 
5 484. Former passes, of course, to its next reading, 
practice as to Hakew., IJ^l; Scob., 4- And a ques- 

rejectionand j? J j- J j. J 

second readme tion for a second reading, determined 
of bins. negatively, is a rejection without fur- 

ther question. 4 Grey, 149. And see Elsynge's 
Memor., 42, in what cases questions are to be taken 
for rejection. 

The House of Representatives has abandoned the question "Shall the 
bill be rejected?" (IV, 3391), and the question is now taken in accord- 
ance with Rule XXI, cl. 1. A vote is not taken on the second reading, 
the first test coming in the modern practice of the House on the en- 
grossment and third reading. 

[233] 



JEFFERSON'S 



485.486. 

Where questions are perfectly equivalent, so that 
the negative of the one amounts to the 
affirmative of the other, and leaves no 
other alternative, the decision of the one 
concludes necessarily the other. 4 Grey, 157. Thus 
the negative of striking out amounts to the affirma- 
tive of agreeing; and therefore to put a question on 
agreeing after that on striking out, would be to put 
the same question in effect twice over. Not so in 
questions of amendments between the two Houses. 
A motion to recede being negatived, does not amount 
to a positive vote to insist, because there is another 
alternative, to wit, to adhere. 

The principles set forth in this paragraph are recognized by the 
practice of the House of Representatives; but Jefferson's use of the 
motion to strike out as an illustration is no longer justified, since the 
practice of the House under Rule XVI, cl. 7, does not permit the nega- 
tive of the motion to strike out to be equivalent to the affirmative of 
agreeing. 

A bill originating in one House is passed by the 
486 Equipment ^ er with an amendment. A motion 
questions on in the originating House to agree to the 

between amendment is negatived- Does there 

the Houses. result from this a vote of disagreement, 

or must the question on disagreement be expressly 
voted? The question respecting amendments from 
another House are 1st, to agree; 2d, disagree; 3d, 
recede; 4th, insist; 5th, adhere. 



[234] 



{487,488. 

The rejection of a motion to concur in a Senate amendment is equiv- 
alent to disagreeing, and the latter motion is not put (VIII, 3178).. 

In the House of Representatives and the Senate the order of preced- 
ence of motions is as given in the Parliamentary law, and the motions 
take precedence in that order without regard to the order in which 
they are moved (V, 6270, 6324). But a motion to amend an amend- 
ment of the other House has precedence of the motion to agree or 
disagree (V, 6164, 6169-6171; VIII, 3202). But it has been held that 
when the previous question has been demanded or ordered on a motion 
to concur, a motion to amend is not in order (V, 5488) . The motion 
to refer also takes precedence of the motions to agree or disagree (V, 
6172-6174), but the demanding or ordering of the previous question 
does not prevent a motion to refer (V, 5575). 

1st. To agree; 2d. To disagree. Either of these 
concludes the other necessarily, for the 
motions to agree positive of either is exactly the equiva- 
reiatelufmotoiis lent to the negative of the other, and 
to amend. no Q^J^J. alternative remains. On either 

motion amendments to the amendment may be 
proposed; e. g., if it be moved to disagree, those 
who are for the amendment have a right to propose 
amendments, and to make it as perfect as they can, 
before the question of disagreeing is put. 

3d. To recede. 'You may then either insist or 
adhere. 

4th. To insist. You may then either 
r e<*xte O r adhere. 

5th. To adhere. You may then either 
recede or insist. 

Consequently the negative of these is not equiva- 
lent to a positive vote the other way. It does not 
raise so necessary an implication as may authorize the 



[235], 



JEFFERSON'S MANUAL 



. 

Secretary by inference to enter another vote; for two 
alternatives still remain, either of which may be 
adopted by the House* 

In the practice of the House of Bepresentatives the voting down of 
the motion to recede and concur is tantamount to insistence, but is not 
equivalent to adherence (Speaker Clark, July 2, 1918, p. 8648). 

SEC. XXXIX. THE QUESTION. 

489. Putting The question is to be put first on the 

the que^on. affirmative, and then on the negative 



side. 

Rule I, cL 5, of the House of Representatives, provides more fully for 
putting the question. 

After the Speaker has put the affirmative part of 
the question, any Member who has not 
spoken before to the question may rise 
^^ speak before the negative be put; 
because it is no full question till the 
negative part be put. Scob., 28; 2 Hats., 73. 

But in small matters, and which are of course, 
5491. informal suc ^ ^ rece iving petitions, reports, 
putting of the withdrawing motions, reading papers, 
&c., the Speaker most commonly sup- 
poses the consent of the House where no objection 
is expressed, and does not give them the trouble of 
putting the question formally. Scob., 22; 2 Hats., 
79, 2, 87; 5 Grey, 129; 9 Grey, 301. 



.[286] 



JEFFERSON'S MANUAL 

$492.493. 
SEC. XL. BILLS, THIRD READING. 

To prevent bills from being passed by surprise, 
the House, by a standing order, directs 
that they shall not be put on their 
passage before a fixed hour, naming 
one at which the house is commonly 
full. Hakew., 158. 

The usage of the Senate is not to put bills on their 
passage till noon. 

A bill reported and passed to the third reading, 
cannot on that day be read the third time and passed; 
because this would be to pass on two readings in the 
same day. 

None of these restrictions is of effect in the modern practice of the 
House of Representatives. Rule XXI, cl. 1, permits a bill to be read 
a third time and passed on the same day, and it is in order to proceed 
with a bill at any time, unless the absence of a quorum be shown. 

At the third reading the Clerk reads the bill and 
delivers it to the Speaker, who states 
the title, that it is the third time of 
reading the bill, and that the question 
will be whether it shall pass. Formerly 
the Speaker, or those who prepared a bill, prepared 
also a breviate or summary statement of its contents, 
which the Speaker read when he declared the state 
of the bill, at the several readings. Sometimes, how- 
ever, he read the bill itself, especially on its passage. 
Hakew., 136, 137, 15S; Coke, 88, 115. Latterly, 
instead of this, he, at the third reading, states the 



[237] 



JEFFERSON'S MANUAL 

494. 

whole contents of the bill verbatim, only, instead of 
reading the formal parts, "Be it enacted," &c., he 
states that "preamble recites so and so the 1st 
section enacts that, &c.; the 2d section enacts/' &c. 
But in the Senate of the United States, both of 
these formalities are dispensed with; the breviate 
presenting but an imperfect view of the bill, and 
being capable of being made to present a false one; 
and the full statement being a useless waste of time, 
immediately after a full reading by the Clerk, and 
especially as every member has a printed copy in 
his hand. 

In the House of Representatives there is no practice justifying the 
presentation of a breviated summary; and the procedure on third 
reading is definitely prescribed by Rule XXI, cl. 1. 

A bill on the third reading is not to be committed 



494. committal ma * ter or body thereof, but to 

of a bm on third receive some particular clause or pro- 
ving. viso, it hath been sometimes suffered, 

but as a thing very unusual. HaJcew., 156. Thus, 
27 El., 1584, a bill was committed on the third read- 
ing, having been formerly committed on the second, 
but is declared not usual. D'Ewes, 837, col. 2; 414, 
col 2. 

In the House of Representatives it is in order to commit a bill either 
before or after the engrossment and third reading (V, 5562) ; and by 
Rule XVII ; cl. 1, the House has preserved this opportunity to commit 
even after the previous question has been ordered. 



[238] 



JEFFERSON'S MANUAL 

495-497. 

When an essential provision has been omitted, 
495. obsolete rather than erase the bill and render it 
JlSSni^ suspicious, they add a clause on a 
riders - separate paper, engrossed and called a 

rider, which is read and put to the question three 
times. Elsynge's Memo., 59; 6 Grey, S35; 1 Blackst., 
183. For examples of riders, see 3 Hats., 181, 122, 
124, 156. Every one is at liberty to bring in a rider 
without asking leave. 10 Grey, 52. 

This practice is never followed in the House of Representatives. 

It is laid down, as a general rule, that amendments 
496. obsolete proposed at the second reading shall be 
;^7 e f ntasto twice read, and those proposed at the 
amendments. third reading thrice read; as also all 

amendments from the other House. Town., col. 19, 
28, 24, 25, 26, 27, 28. 

In the practice of the House of Representatives amendments, whether 
offered in the House or coming from the other House, do not come under 
the rule requiring different readings. 

It is with great and almost invincible reluctance 
that amendments are admitted at this 

497. Amend- . 

ments before the reading, which occasion erasures or m- 
third reading, terlineations. Sometimes a proviso has 
been cut off from a bill; sometimes erased. 9 Grey, 
513. 

This is the proper stage for filling up blanks; for if 
filled up before, and now altered by erasure, it would 
be peculiarly unsafe. 



[239] 



JEFFERSON'S MANUAL 

5 498, 499, 

In the House of Representatives bills are amended after the second 
reading (IV, 3392), and before the engrossment and third reading (V, 
5781; VII, 1051, 1052) but not afterwards. 

At this reading the bill is debated afresh, and for 
the most part is more spoken to at this 

498. Debate in , . ,-, * 1 1 i i* 

relation to the tune than on any of the former readings. 

threading. 



The debate on the question whether it should be 
read a third time, has discovered to its friends and 
opponents the arguments on which each side relies, 
and which of these appear to have influence with the 
House; they have had time to meet them with new 
arguments, and to put their old ones into new shapes. 
The former vote has tried the strength of the first 
opinion, and furnished grounds to estimate the issue; 
and the question now offered for its passage is the 
last occasion which is ever to be offered for carrying 
or rejecting it. 

In the House of Representatives it is usual to debate a bill before 
and not after the engrossment and third reading, probably because of 
the frequent use of the previous question, which prevents all debate 
after it is ordered. When the previous question is not ordered, debate 
may occur pending the vote on the passage. 

When the debate is ended, the Speaker, holding the 
5499. putting the kill ^ ^ s ^an.d, puts the question for 
question on the its passage, by saying, "Gentlemen, all 

passage of a bflL , . . , -. .11 

you who are of opinion that this bill 
shall pass, say aye;" and after the answer of the ayes, 
"All those of the contrary opinion, say no." Hakew., 
154. 



[240] 



JEFFERSON'S MANUAL 

500-502. 

In the House of Representatives the bill is usually in the hands of the 
Clerk. The Speaker states that "The question is on the passage of the 
bill," and puts the question in the form prescribed by Rule I, cl. 5. 

5oo. Ems not After tte biU is P assed > there can be 

altered after tneir no further alteration of it in any point. 
passa * e ' Hakew., 159. 

This principle controls the practice of the House of Representatives, 
except as a bill may be changed after the votes on the passage and 
engrossment have been reconsidered. 

SEC. XLI. DIVISION OF THE HOUSE. 

The affirmative and negative of the question having 
501. Division of been both put and answered, the 
^te^ttoX Speaker declares whether the yeas or 
sound. na y S have it by the sound, if he be 

himself satisfied, and it stands as the judgment of 
the House. But if he be not himself satisfied which 
voice is the greater, or if before any other Member 
comes into the House, or before any new motion 
made (for it is too late after that), any Member shall 
arise and declare himself dissatisfied with the 
Speaker's decision, then the Speaker is to divide the 
House. Scob., 24; 2 Hats., 140. 

This practice is provided for in different language by Rule I, cl. 5. 

When the House of Commons is divided, the one 

party goes forth, and the other remains 

tary provisions as in the House. This has made it impor- 



tant which go forth and which remain; 
House - because the latter gain all the indolent, 

the indifferent, and inattentive. Their general rule, 

[241] 



JEFFERSON'S MANTTAL 

502. 

therefore, is that those who give their vote for the 
preservation of the orders of the House shall stay in, 
and those who are for introducing any new matter 
or alteration, or proceeding contrary to the established 
course, are to go out. But this rule is subject to 
many exceptions and modifications. 2 Hats., 184; 
1 Rush., p. 8, fol 92; Scob., 48, 52; Co., 12, 116; 
D'Ewes, 505, col. 1; Mem. in Hakew., 25, 29; as will 
appear by the following statement of who go forth: 

Petition that it be received (Noes, 9 Grey, 365) -JAves 

Read J 

Lie on the table JNoes 

Rejected after refusal to lie on table J 

Referred to a committee, or further proceeding Ayes. 

Bill, that it be brought in "j 

Read first or second time 1 

Engrossed or read third tune /Ayes. 

Proceeding on every other stage 

Committed ) 

To Committee of the Whole Noes. 

To a select committee Ayes. 

Report of bill to lie on table Noes. 

Be nowre&d 1 Ayes. 

Be taken into consideration three months hence J 30, P. J. 251 

Amendments to be read a second time Noes. 

Clause offered on report of bill be read second time 1 Ayes. 

For receiving a clause r 334. 

With amendments be engrossed J 395. 

That a bill be now read a third time Noes. 398. 

Receive arider 1 260. 

Pass [Ayes. 259. 

Be printed J 



[242] 



JEFFERSON'S MANUAL 

502. 

Committees . That A take the chair 

To agree to the whole or any part of report 

That the House do now resolve into committee 



Speaker. That he now leave the chair, after order to go 



Noes. 291. 



into committee. 

That he issue warrant for a new writ 

Member. That none be absent without leave- 
Witness. That he be further examined Ayes. 344. 

Previous question Noes. 

Blanks. That they be filled with the largest sum 1 . 

Amendments. That words stand part of J ^ es * 

Lords. That their amendment be read a second time. - Noes. 

Messenger be received 1 

Orders of the day to be now read, if before 2 o'clock J yes * 

If after 2 o'clock Noes. 

Adjournment. Till the next sitting day, if before 4 o'clock- Ayes. 

If after 4 o'clock Noes. 

Over a sitting day (unless a previous resolution) Ayes. 

Over the 30th of January Noes. 

For sitting on Sunday, or any other day not being a sitting! A 

day J AyeS ' 

The one party being gone forth, the Speaker names 
two tellers from the affirmative and two from the 
negative side, who first count those sitting in the 
House and report the number to the Speaker. Then 
they place themselves within the door, two on each 
side, and count those who went forth as they come in 
and report the number to the Speaker. Mem. in 

Hakew., 26. 

In the House of Representatives the two tellers take their places in 
the entrance to the center aisle and the affirmative and the negative 
pass between them to be counted. 



L243J 



JEFFERSON'S 

((503,504. 

A mistake in the report of the tellers 
of^ro^brteuerfl may be rectified after the report made. 

after thereport. 



When it is proposed to take the vote by yeas and 
504. vo n g by nays, the President or Speaker states 



s and nays. ^^ he question is whether, e. g., the 
bill shall pass that it is proposed that the yeas and 
nays shall be entered on the journal. Those, there- 
fore, who desire it will rise." If he finds and declares 
that one-fifth have risen, he then states that " those 
who are of opinion that the bill shall pass are to 
answer in the affirmative; those of the contrary 
opinion in the negative/ ' The Clerk then calls over 
the names alphabetically, notes the yea or nay of 
each, and gives the list to the President or Speaker, 
who declares the result. In the Senate if there be an 
equal division the Secretary calls on the Vice- 
President and notes his affirmative or negative, 
which becomes the decision of the House. 

In the House of Representatives tellers were sometimes, though 
rarely, ordered to determine whether one-fifth joined in the demand for 
the yeas and nays (V, 6045) but in the later practice the Speaker's 
count is not subject to verification (VIII, 3114-3118), and it is not in 
order to demand a rising vote of those opposed on a count by the 
Speaker to ascertain if one-fifth concur in demand for yeas and nays 
(VIII, 3112, 3113). Rule XV ol. 1 of the House provides the method 
of taking the yeas and nays in the modern practice. 



[244] 



JEPFEKSON'S MANUAL 

5505. 

In the House of Commons every member must give 

505 Parllamen- ^ V0t6 ^ ^^ WB ^ * ^ Other , Smb., 

taryiawasto %4) as it is not permitted to anyone to 
gmng <>f votes, withdraw who is in the House when the 
question is put, nor is anyone to be told in the divi- 
sion who was not in when the question was put. 
2 Hats., 140. 

This last position is always true when the vote is 
by yeas and nays; where the negative as well as 
affirmative of the question is stated by the President 
at the same time, and the vote of both sides begins 
and proceeds pari passu. It is true also when the 
question is put in the usual way, if the negative has 
also been put; but if it has not, the member entering, 
or any other member may speak, and even propose 
amendments, by which the debate may be opened 
again, and the question be greatly deferred. And 
as some who have answered aye may have been 
changed by the new arguments, the affirmative must 
be put over gain. If, then, the member entering 
may, by speaking a few words, occasion a repetition 
of a question, it would be useless to deny it on his 
simple call for it. 

Ruleyill, cl. 1, of the House of Representatives requires Members to 
vote; but no rule excludes from voting those not present at the putting 
of the question, and this requirement of the parliamentary law is not 
observed in the House. No attempt is made to prevent Members from 
withdrawing after a question is put, unless there be a question as to a 
quorum, when the House proceeds under Rule XV, cl. 2, 4. 



62581 H. Doc. 459, 86-2 IT 



$$506-503. 

While the House is telling, no Member may speak 
or move out of his place, for if any rois- 

506. Movements t i > i i i ^ t 

of Members dun** take be suspected it must be told again. 
votintf - Mem, in Hakew., 26; 2 Hats., 143. 

This mle applies in the House of Representatives on a vote by 
division, where the Speaker counts; but not to a vote by tellers, where 
the members pass between the tellers, or to a vote by yeas and nays. 

If any difficulty arises in point of order during the 
division, the Speaker is to decide per- 

507. Decisions ' . f ^ 

of points of order emptorily, subject to the future censure 
during ^ jj^ House if irregular. He some- 

times permits old experienced Members to assist him 
with their advice, which they do sitting in their seats, 
covered, to avoid the appearance of debate; but this 
can only be with the Speaker's leave, else the division 
might last several hours. 2 Hats., 143. 

In the House of Representatives any Member advising the Speaker 
would rise and give advice standing under Rule XIV, cL 1. 

The voice of the majority decides; for the lex 
508. Decision by majoris partis is the law of all councils, 



. 

of majority; elections, &c., where not otherwise ex- 
ana tie votes. pressly provided. Hakew., 98. But if 
the House be equally divided, semper presuamtur pro 
negante; that is, the former law is not to be changed 
but a majority. Towns., col. 134. 

The House of Representatives provides also by rule that in all cases 
of tie vote the question shall be lost. 



1246] 



JEFFERSON'S MANUAL 

$ 509-511. 

The House of Representatives, however, requires a two-thirds vote 

on a motion to suspend the rules (Rule XXVII, 

509. Two-thirds cl. 1), on a motion to dispense with Calendar 

votes. Wednesday (Rule XXIV, cl. 7), on a motion to 

dispense with the call of the Private Calendar on 

the first Tuesday of each month (Rule XXIV, cl. 6), and to consider 

a special rule immediately (Rule XI, 729), and the Constitution of 

the United States requires two-thirds votes for passing vetoed bills, 

removing political disabilities, and passing resolutions proposing 

amendments to the Constitution. 

When from counting the House on a division it 
510. Business appears that there is not a quorum, 
t k e ma tter continues exactly in the 
state in which it was before the divi- 
sion, and must be resumed at that point on any 
future day. 2 Hats., 126. 

In the House of Representatives the failure of a quorum, necessitates 
the suspension of even the most highly privileged business (IV, 2934; 
VI, 662), and debate as well (IV, 2935-2949) ; there must be a quorum 
before the House may proceed (IV, 2952, 2953), and no motion will be 
entertained except for a call of the House or to adjourn (IV, 2950; 
VI, 680). Even in the closing hours of a Congress business has been 
stopped by the failure of a quorum (V, 6309). 

1606, May 1, on a question whether a Member 
511. change of having said yea may afterwards sit 
avote - and change his opinion, a precedent 

was remembered by the Speaker, of Mr. Morris 7 at- 
torney of the wards, in 89 Eliz., who in like case 
changed his opinion. Mem. in Hakew., 27. 

The House of Representatives is governed in this respect by the 
practice under Rule XV, cl. 1. 



[247] 



JEFFERSON'S MANUAL 

5 512, 518. 

SEC. XLII. TITLES. 

After the bill has passed, and not before, the title 
may be amended, and is to be fixed by 

512. Amend- ^ /i i MI ,1 

ments to the title a question; and the bill is then sent to 
ofabm ' the other House, 

The House of Representatives by Rule XIX embodies this principle 
with an additional provision as to debate. 

SEC. XLIII. RECONSIDERATION. 

1798, Jan. A bill on its second reading being 
ins. Eariy amended, and on the question whether 

senate practice ft gj^ k e rea( j a third time negatived, 
reconsideration. was restored by a decision to reconsider 
that question. Here the votes of negative and recon- 
sideration, like positive and negative quantities in 
equation, destroy one another, and are as if they 
were expunged from the journals. Consequently the 
bill is open for amendment, just so far as it was the 
moment preceding the question for the third reading; 
that is to say, all parts of the bill are open for amend- 
ment except those on which votes have been already 
taken in its present stage. So, also, it may be recom- 
mitted. 

The rule permitting a reconsideration of a question 
affixing to it no limitation of time or circumstance, it 
may be asked whether there is no limitation? If, 
after the vote, the paper on which it is passed has 
been parted with, there can be no reconsideration, as 
if a vote has been for the passage of a bill and the bill 

[248] 



JEFFERSON'S MANUAL 

5 514. 515. 

has been sent to the other House. But where the 
paper remains, as on a bill rejected, when or under 
what circumstances does it cease to be susceptible of 
reconsideration? This remains to be settled, unless 
a sense that the right of reconsideration is a right to 
waste the time of the House in repeated agitations of 
the same question, so that it shall never know when 
a question is done with, should induce them to reform 
this anomalous proceeding. 

The House of Representatives provides for reconsideration, by Rule 
XVIII, cl. 1. 

In Parliament a question once carried can not be 
questioned again at the same session, 

514. Parliamen- 



11 

but must stand as the judgment of 
^ e House. Towns., col. 67; Mem. in 
Hakew.,33. * * * 

* * * And a bill once rejected, another of the 
515. A bm once same substance can not be brought in 
rejected not to be again the same session. Hakew., 158; 

brought up again. 

at the same 6 Grey, 392. But this does not extend 



to prevent putting the same question 
in different stages of a bill, because every stage 
of a bill submits the whole and every part of it to 
the opinion of the House as open for amendment, 
either by insertion or omission, though the same 
amendment has been accepted or rejected in a former 
stage. So in reports of committees, e.g., report of an 
address, the same question is before the House, and 
open for free discussion. Towns., col. 26; 2 Hats., 

[249] 



'S MANUAL 
$516. 

98, 100, 101. So orders of the House or instructions 
to committees may be discharged. So a bill, begun 
in one House and sent to the other and there re- 
jected, may be renewed again in that other, passed, 
and sent back. Ib., 92; 3 Hats., 161. Or if, instead 
of being rejected, they read it once and lay it aside 
or amend it and put it off a month, they may order 
in another to the same effect, with the same or a 
different title. Hakew., 97, 98. 

In the House of Representatives, with its rule for reconsideration, 
there is rarely, if ever, an attempt to bring forward a bill once rejected 
at the same session. An instance occurred in 1856, however (IV, 3384) , 
and on March 9, 1910, page 2966, the House declined to consider a bill 
brought forward after a rejection. 

Divers expedients are used to correct the effects 
6i6. Expedients of this rule, as, by passing an explana- 
^SLonce toiy act, if anything has been omitted 
******* or ill expressed, 8 Hats., 278, or an act 

to enforce and make more effectual an act, &c., or to 
rectify mistakes in an act, &c., or a flommitf.ee on one 
bill may be instructed to receive a clause to rectify 
the mistakes of another. Thus, June 24, 1685, a 
clause was inserted in a bill for rectifying a mistake 
committed by a clerk in engrossing a bill of supply. 
Hats., 194, 6. Or the session may be closed for 
one, two, three, or more days and a new one com- 
menced. But then all matters depending must be 
finished, or they fall, and are to begin de novo. 
2 Hats., 94, 98. Or a part of the subject may be 



[260] 



JEFFERSON'S MAKUAI* 

taken up by another bill or taken up in a different 
way. 6 Grey, 304, 316. 

And in cases of the last magnitude this rule has not 
been so strictly and verbally observed 

|517. Exceptions . ^ * 

to the roie against as to stop indispensable proceedings 



altogether. 2 Hats., 92, 98. Thus 
rejected. when the address on the preliminaries 

of peace in 1782 had been lost by a majority of one, 
on account of the importance of the question and 
smallness of the majority, the same question in sub- 
stance, though with some words not in the first, and 
which might change the opinion of some Members, 
was brought on again and carried, as the motives for 
it were thought to outweigh the objection of form. 
8 Hats., 99, 100. 
A second bill may be passed to continue an act of 

the same session or to enlarge the time 



ofsupiementary limited for its execution. 2 Hats., 95, 
98. This is not in contradiction to the 
first act. 

The House of Representatives has by a joint resolution corrected an 
error in a bill that had gone to the President (IV, 3519). 

SEC. XLIV. BILLS SENT TO THE OTHER HOUSE. 

A bill from the other House is some- 

519. Laying on _ . , 

the table bills from times ordered to lie on trie table. % 

the other House. TT , n/v 

Hats., 97. 

This principle is recognized in the practice of the House of Represent- 
atives, both as to Senate bills (IV, 3418, 3419; V, 5437), and asto House 
bills returned with Senate amendments (V, 5424, 6201-6203), but the 

[251] 



JEFFEBSON'S MANUAL 

520,521. 

motion does not take precedence over the motion to recede and concur, 
(Speaker Longworth, Jan. 24, 1927, p. 2165.) 

When bills passed in one House and sent to the 
520. Requests other are ground on special facts re- 
tatib^T quiring proof, it is usual, either by 
House. message or at a conference, to ask the 

grounds and evidence, and this evidence, whether 
arising out of papers or from the examination of 
witnesses, is immediately communicated. S Hats., 48. 

The Houses of Congress transmit with bills accompanying papers, 
which are returned when the bills pass or at final adjournment (V, 
7259, footnote). Sometimes one House has asked, by resolution, for 
papers from the files of the other (V, 7263, 7264). Testimony is also 
requested (III, 1855). 

SEC. XLV. AMENDMENTS BETWEEN THE HOUSES. 

When either House, e. g., the House of Commons, 
521. Pariiamen- sen( ^ a k^ to the other, the other may 
tary principles as pass it with amendments. The regu- 

to disagreeing, 5 . . . 

insisting, and Jar progression in this case is, that the 
adhering. Commons disagree to the amendment; 

the Lords insist on it; the Commons insist on their 
disagreement; the Lords adhere to their amendment; 
the Commons adhere to their disagreement. The term 
of insisting may be repeated as often as they choose 
to keep the question open. But the first adherence 
by either renders it necessary for the other to recede 
or adhere also; when the matter is usually suffered to 
fall. 10 Grey, 148. Latterly, however, there are in- 



[262] 



JEFFERSON'S 

(522. 

stances of their having gone to a second adherence. 
There must be an absolute conclusion of the subject 
somewhere, or otherwise transactions between the 
Houses would become endless. 3 Hats., 268, 270. 
The term of insisting, we are told by Sir John Trevor, 
was then (1679) newly introduced into parliamentary- 
usage by the Lords. 7 Grey, 94- It was certainly a 
happy innovation, as it multiplies the opportunities 
of trying modifications which may bring the Houses to 
a concurrence. Either House, however, is free to 
pass over the term of insisting, and to adhere in the 
first instance; 10 Grey, 146; but it is not respectful 
to the other. In the ordinary parliamentary course 
there are two free conferences, at least, before an 
adherence. 10 Grey, 147. 

The House of Representatives and the Senate follow the principles 
set forth in this paragraph of the parliamentary law, and sometimes 
dispose of differences without resorting to conferences (V, 6165). 

Where both Houses insist and neither ask a conference or recede the 
522 insisting bil1 fails (^' 6228) . Also when both Houses adhere 

and adhering in the bill fails (V, 6163, 6313, 6324, 6325) even though 

the practice of the the difference may be over a very slight amendment 
House - (V, 6233-6240) . In rare instances in Congress there 

has been immediate adherence on the first disagreement (V, 6303) j but 
this does not preclude the granting of the request of the other House 
for a conference (V, 6241-6244). Sometimes the House recedes from 
its disagreement as to certain amendments and adheres as to others 
(V, 6229) . One House having adhered, may at the next stage vote to 
further adhere (V, 6251). Sometimes also the House recedes from 
adherence (V, 6252, 6401) or reconsiders its action of adherence 
(V, 6253) ; after which it has agreed to the amendment with or without 
amendment (V, 6253, 6401). 



[253] 



JEFFERSON'S 

323-525. 

Either House may recede from its amendment and 
agree to the bill; or recede from their 
t^iaw 11 ^ 611 " disagreement to the amendment, and 
recedin2 " agree to the same absolutely, or with 

an amendment; for here the disagreement and reced- 
ing destroy one another, and the subject stands as 
before the disagreement. Elysnge, 23, 27; 9 Grey, 476. 

In tlie practice of the two Houses of Congress the motion is to recede 
from the amendment without at the same time agree- 

^Ho^^Tto f ** to the bin > f T the bil1 has alread y been Passed 
reading from its with the amendment, and receding from the amend- 
oira amendment ment leaves the bill passed (V, 6312). But by 
to a bin of the receding from an amendment with which it agreed 

t>tfaer House. ^ ^ Senate amendment, the House does not thereby 

agree to the Senate amendment (VIII, 3199). One House has receded 
from its own amendment after the other House had returned it con- 
curred in with an amendment (V, 6226). But this has been held not 
sufficient to pass the bill without further action by House which had 
concurred with an amendment (VIII, 3177), 

Where one House has receded from an amendment, it may not sat & 
subsequent stage recall its action in order to form a new basis for a 
-conference (V, 6251). Sometimes one House has receded from its 
amendment although it had previously insisted and asked a conference 
which had been agreed to (V, 6319). After the Senate has amended a 
House amendment it is not proper for the House to recede from its 
amendment directly, but the Senate may recede from its amendment 
and then the House recede from its amendment (Speaker Reed, June 
12, 1890, p. 5981). 

By receding from its disagreement to an amendment of the Senate the 
$ 525 Practice of House -does not thereby agree to it (V, 6215) ; but the 
the House as to Senate amendment is then open to amendment pre- 

rece<Eng from cisely as before the original disagreement (V, 6212- 

disagreement to $214). Tlie staga of disagreement having been 
olfcerHo'use? reached, the motion to recede and concur -takes pre- 

cedence of the motion to recede and concur with an 
amendment (V, 6219-6223; VIII, 3198, 3200, 3202); but a motion to 
recede and concur is divisible (VIII, 3199) and being divided and the 

[254] 



S MANUAL 

526. 

House having receded, a motion to amend has precedence of the 
motion to concur (V, 6209-6211; VIII, 3198), even after the previous 
question is ordered on both motions if pending (Feb. 12, 1923, p. 3512). 
The motion to recede and concur in a Senate amendment with an 
amendment takes precedence of a motion to insist further on the 
House's disagreement to the Senate amendment (V, 6224; VIII, 3204), 
and a motion to lay certain amendments on the table (Speaker Long- 
worth, Jan. 24, 1927, p. 2165). It has been held that after the previous 
question has been moved on a motion to adhere, a motion to recede 
may not be made (V, 6310); and after the previous question is de- 
manded or ordered on a motion to concur, a motion to amend is not 
in order (V, 5488) ; but where the previous question has been demand- 
ed on a motion to insist, a motion to recede and concur has been 
admitted (V, 6208, 6321a). 

But the House can not recede from or insist on its 
own amendment, with an amendment; 

526. One House ' ' 

not to recede from f or the same reason that it can not send 
to the other House an amendment to 
* ts owri act after i1} ka 8 P asse d tlie act - 



fixedby They may modify an amendment from 

adherence* 

the other House by ingrafting an 
amendment on it, because they have never assented 
to it; but they can not amend their own amendment, 
because they have, on the question, passed it in that 
form. 9 Grey, 363; 10 Grey, 240. In Senate, March 
29, 1798. Nor where one House has adhered to their 
amendment, and the other agrees with an amend- 
ment, can the first House depart from the form which 
they have fixed by an adherence. 

In the case of a money bill, the Lords 7 proposed 
amendments become, by delay, confessedly necessary. 
The Commons, however, refused them, as infringing 
on their privilege as to money bills; but they offered 

[255] 



JEFFERSON'S MANUAL 

$527. 

themselves to add to the bill a proviso to the same 
effect, which had no coherence with the Lords' 
amendments; and urged that it was an expedient 
warranted by precedent, and not unparliamentary 
in a case become impracticable, and irremediable in 
any other way. S Hats., 256, 266. 270, 271. But 
the Lords refused, and the bill was lost. 1 Chand., 
Alikecase,lCAand.,-5il. * * * 



In the House of Representatives it is a recognized principle that the 
House may not recede from its own amendments with an amendment 
(V, 6216-6218). The House may not amend its own amendment to a 
Senate amendment to a House bill (Mar. 16, 1934, p. 4685). 

* * * So the Commons resolved that it is un- 
parliamentary to strike out. at a con- 

527. Textto J /i. i -n i i i ,1 

which both ference, anything in a bill which hath 

to be been agreed and passed by both Houses. 
6 Grey, 274; 1 Chand., 312. 

The practice of the two Houses has confirmed this principle of the 
parliamentary law and established the rule that managers of a con- 
ference may not change the text to which both Houses have agreed 
(V, 6417, 6418, 6420; VIII, 3257), and either House alone may not, by 
instructions, empower the managers to make such change (V, 6388). 
In the earlier practice, when it was necessary to change the text already 
agreed to, the managers appended a supplementary paragraph to 
their report, and this was agreed to by unanimous consent in the two 
Houses (V, 6433-6436); but in the later practice it has been found a 
more effective method for the two Houses to agree to a concurrent 
resolution giving to the managers the necessary powers (V, 6437-6440). 
In the House such a resolution would be presented by unanimous 
consent, under suspension of the rules, or on report from the Com- 
mittee on Rules. 

The further principle has been established in practice of the House 
of Representatives that it may not, even by unanimous consent (V, 
6179), change in the slightest particular (V, 6181) the text to which 

[256] 



JEFFERSON'S MANUAL 

528, 529. 

both Houses have agreed (V, 6180; VIII, 3257). And this prohibition 
extends, also, to a case wherein it is proposed to add a new section at 
the end of a bill which has passed both Houses (V, 6182). 

528. Precedence A motion to amend an amendment 

overmoonr end from the other H use takes precedence 
agree or disagree. of a motion to agree or disagree. 

This is the rule of the two Houses of Congress (V, 6164, 6169-6171; 
VIII, 3202). 

A bill originating in one House is passed by the 
529. Degree of other with an amendment. 

The originating House agrees to their 
amendment with an amendment. The 
other may agree to their amendment with an amend- 
ment, that being only in the 2d and not the 3d 
degree; for, as to the amending House, the first 
amendment with which they passed the bill is a part 
of its text. It is the only text they have agreed to. 
The amendment to that text by the originating 
House therefore is only in the 1st degree, and the 
amendment to that again by the amending House is 
only in the 2d, to wit, an amendment to an amend- 
ment, and so admissible. Just so, when, on a bill 
from the originating House, the other, at its second 
reading, makes an amendment; on the third reading 
this amendment is become the text of the bill, and 
if an amendment to it be moved an amendment to 
that amendment may also be moved, as being only 
in the 2d degree. 

This principle is followed in the practice of the House of Repre- 
sentatives (V, 6176, 6177, 6178). 

[257] 



JEFFERSON'S 

{530-632. 

SBC. XLVI. CONFERENCES. 

It is on the occasion of amendments between the 
Houses that conferences are usually 
asked; but they may be asked in all 
ii conferences. GS ^^ o ^ ( jjff erence o f opinion between 

the two Houses on matters depending between them. 
The request of a conference, however, must always 
be by the House which is possessed of the papers. 
S Hats., 81; 1 Grey, 425. 

The House of Representatives follows the principles set forth in this 
paragraph of the parliamentary law. A conference may be asked on 
only a portion of the amendments in disagreement, leaving the differ- 
ences as to the remainder to be settled by the action of the two Houses 
themselves (V, 6401). In very rare instances conferences have been 
asked by one House after the other has absolutely rejected a main 
proposition (IV, 3442; V, 6258). A difference over an amendment to a 
proposed constitutional amendment may be committed to a con- 
ference (V, 7037). 

While conferences between the two Houses of Congress are usually 
531 Confer ^d over Differences as * amendments to bills, 

ences over matters occasionally differences arise as to the respective 
other than differ prerogatives of the Houses (II, 1485-1495) or as to 
ences as to matters of procedure (V, 6401), as in impeachment 

amendments. proceeedings (III, 2304), which are referred to con- 

ference. And in early and exceptional instances conferences have been 
asked as to legislative matters when no propositions relating thereto 
were pending (V, 6255-6257). 

In very rare cases, also, the Houses interchange views and come to 
5 532. Confer- conclusions by means of select committees appointed 

ences by means on the part of each House (I, 3). Thus, in 1821, a 

of select com- joint committee was chosen to consider and report 

mittc * s " to the two Houses whether or not it was expedient to 

consider and report whether or not Missouri should be admitted to the 
Union (IV, 4471), and in 1877 similar committees were appointed to 
devise a method for counting the electoral vote (III, 1953). 



[258] 



S MANUAL 

533-536. 

The parliamentary law provides that the request for a conference 
must always be by the House which is possessed of 

the P a P ers (V > 6254 ) Jt was f ormerly the more reg- 
ular practice for the House disagreeing to amend- 
ments of the other to leave the asking of a conference to that other 
House if it should decide to insist (V, 6278-6285, 6324) ; but it is so 
usual in the later practice for the House disagreeing to an amendment 
of the other to ask a conference that an omission to do so has even raised 
a question (V, 6273). Yet it can not be said that the practice requires 
a request for a conference to be made by the House disagreeing to the 
amendments of the other (V, 6274-6277). One House having asked a 
conference at one session, the other House may agree to the conference 
at the next session of the same Congress (V, 6286). 

In rare instances one House has declined the request of the other for a 
534. Requests conference (V, 6313-6315; March 20, 1951, p. 2683), 

for conferences sometimes accompanying it by adherence (V, 6313, 

declined or 6315). In one instance, where the Senate declined a 

neglected. conference, it transmitted, by message, its reasons 

for so doing (V, 6313). Sometimes, also, one House disregards the 
request of the other for a conference and recedes from its disagreement, 
thereby rendering a conference unnecessary (V, 6316-6318). And in 
one case, where one House had asked a conference to which the other 
had assented, the asking House receded before the conference took 
place (V, 6319). Also, a bill returned to the House with a request for 
a conference has been postponed indefinitely (V, 6199) . 

The motion to ask a conference is distinct from motions to agree or 
disagree to amendments of the other House (V, 6268) 

and 1S nOt in rder ^^^ th6 H USe haS ^P 08 ^ of 

^ ne preferential motions to agree, recede, or insist 
(V, 6269, 6270). Where a conference results in dis- 
agreement, a motion for a new conference is privileged (V, 6586). 
Where a motion to request a conference is rejected, it may not be 
repeated at the same stage, even though a recess of Congress may have 
intervened (V, 6325). Sometimes disagreements are voted on by the 
House and conferences asked through the medium of special orders 
(IV, 3242-3249). 

While usual, it is not essential that one House, in asking a conference, 

transmit the names of its managers at the same time 

536. Managers ^ 64Q5)> The manag ers, properly so called (V, 

of conferences. $335)^ constitute practically two distinct committees, 

each of which acts by a majority (V, 6334). They are usually three in 

[259] 



JEFFERSON'S 

537,538. 

number from each House (V, 6336) ; but in the absence of joint rules 
each House may appoint whatever numbers it sees fit (V, 6328-6330, 
6405), the Speaker in the House frequently fixing the number (V, 6336). 
Instances have occurred where one House has appointed three managers 
and the other a greater number (V, 6331-6333; VIII, 3221). The 
Senate having appointed nine managers and the House only three, a 
motion to instruct the Speaker to appoint a greater number of managers 
on part of the House was held out of order (VIII, 2193). The Speaker 
appoints the managers in the House (Rule X, 671), selecting them 
so as to represent the attitude of the majority and minority of the 
House on the disagreements in issue (V, 6336-6338; VIII, 3223); and 
while it is usual to represent the party divisions of the House the 
representation of opinions as to the pending differences is rather the 
more important consideration (V, 6339, 6340). In appointing man- 
agers the Speaker usually consults the Member in charge of the bill 
(V, 6327), and selects the managers from the committee which reported 
the bill (V, 6336) ; but where the committee which has charge holds to 
an attitude to which the House disagrees the managers have been 
appointed to reflect the views of the House (V, 6369). While the 
major part of the managers represent the majority view of the House, 
while a minority manager represents the minority, in one instance, 
when the prerogatives of the House were involved, all the managers 
were selected to represent the majority opinion (V, 6338) . A motion 
to instruct the Speaker in appointing conferees is not in order (VIII, 
2193, 3221). 

Where there were several conferences on a bill, it was the early prac- 
537. Reappoint- tice to change the managers at each conference (V, 
ment of, at second 6288-6291, 6324) , and so fixed was this practice that 
and subsequent their reappointment had a special significance, indi- 

conferences. eating an unyielding temper (V, 6352-6368) ; but in 

the later practice it is the rule to reappoint managers (V, 6341-6344) 
unless a change be necessary to enable the sentiment of the House to 
be represented (V, 6369) . 

Managers of a conference are excused from service only by authority 

vacanci f the House (V > 6373-6376; VIII, 3224, 3227); but 

etc./fn managers *^6 a ^ sence ^ a manager causes a vacancy which 

of inferences. the Speaker fills by appointment (V, 6372; VIII, 

3228). Where one House makes a change in its 

managers, it informs the other House, by message (V, 6377, 6378). 

According to the later practice the powers of managers who have not 



[260] 



JEFFERSON'S 

539, 540. 

reported do not expire by reason of the termination of a session of 
Congress, unless it be the last session (V, 6260-6262) . 

Conferences may be either simple or free. At a 
539. pariiamen. conference simply written reasons are 
nd w prepared by the House asking it, and 
conferences. they are read and delivered, without 

debate, to the managers of the other House at the 
conference, but are not then to be answered. 4 Grey, 
144- The other House then, if satisfied, vote the 
reasons satisfactory, or say nothing; if not satisfied 
they resolve them not satisfactory and ask a con- 
ference on the subject of the last conference, where 
they read and deliver, in like manner, written answers 
to those reasons. 8 Grey, 188. They are meant 
chiefly to record the justification of each House to 
the nation at large and to posterity and in proof that 
the miscarriage of a necessary measure is not im- 
putable to them. 3 Grey, 255. At free conferences 
the managers discuss, viva voce and freely, and inter- 
change propositions for such modifications as may be 
made in a parliamentary way, and may bring the 
sense of the two Houses together. * * * 

This provision of the parliamentary law bears little relation to the 
modern practice of the two Houses of Congress, and 
540. Free and that practice has evolved a new definition: "A free 

e^^mo^ern conference is that which leaves the committee of con- 

practice, f erence entirely free to pass upon any subject where 

the'two branches have disagreed in their votes, not, 
however, including any action upon any subject where there has been 
a concurrent vote of both branches. A simple conference perhaps it 
should more properly be termed a strict or a specific conference, though 
the parliamentary term is 'simple' is that which confines the com- 

62581 H. Doc. 459, fift-2 18 [261] 



JEFFERSON'S. MANUAL 
541. 

mittee of conference to the specific instructions of the body appointing 
it" (V, 6403). And where the House had asked a free conference it 
was held not in order to instruct the managers (V, 6384) . But it is very 
rare for the House in asking a conference to specify whether it shall be 
free or simple. 

In their practice as to the instruction of managers of a conference the 

House of Representatives and the Senate do not 
541. instruction agree. Only in rare instances has the Senate in- 
^^T fa structed (V, 6398), and these instances are at 

variance with its declaration, made after full con- 
sideration, that managers may not be instructed (V, 6397). And 
where the House has instructed its managers, the Senate has declined 
to participate and asked a free conference (V, 6402-6404), In the 
later practice the House does not inform the Senate when it instructs 
its managers (V, 6399), the Senate having objected to the transmittal 
of instructions by message (V, 6400, 6401). In one instance wherein 
the Senate learned indirectly that the House had instructed its man- 
agers it declared that the conference should be full and free, and in- 
structed its own managers to withdraw if they should find the freedom 
of the conference impaired (V, 6406) . But the House of Representa- 
tives holds to the opinion that the House may instruct its managers 
(V, 63796382) , although the propriety of doing so at a first conference 
is open to serious doubt (V, 6388^ footnote). And in rare instances 
where a free conference is asked instruction is not in order (V, 6384) 
At a new conference the instructions of a former conference are not in 
force (V, 6383; VIII, 3240). And instructions may not direct the 
managers to do that which they might not otherwise do (V, 6386, 
6387; VIII, 3235, 3244), as to effect a change in part of a bill not in 
disagreement (V, 6391-6394), or change the text to which both Houses 
have agreed (V, 6388). Although managers may disregard instruc- 
tions, their report may not for that reason be ruled out of order (V, 
6395; VIII, 3246), and when a conference report is recommitted with 
instructions the managers are not confined to the instructions alone 
(VIII, 3247). The motion to instruct managers should be offered 
after the vote to ask for or agree to a conference and before the man- 
agers are appointed (V, 6379-6382; VIII, 3233, 3240, 3256). The 
motion to instruct may be amended unless the previous question be 
ordered (V, 6525; VIII, 3231, 3240), and may be laid on the table 
without carrying the bill to the table (VIII, 2658). The motion is 
debatable unless the previous question is ordered (VIII, 2675, 3240). 



[262] 



542-644. 

Only one motion to instruct is in order (VIII, 3236). The ruling out 
of a motion to instruct conferees does not preclude the offering of a 
proper motion to instruct (VIII, 3235), but one motion to instruct 
having been considered and disposed of, further motions to instruct 
are not in order (VIII, 3236) . Such additional instructions should have 
been offered as amendments to the original motion to instruct. 

* * * And each party reports in writing to 
542. Pariiamen- their respective Houses the substance 
reports of of what is said on both sides, and it is 

XSe. fa entered in their journals. 9 Grey, 220; 
8 Hats., 280. This report can not be amended or 
altered, as that of a committee may be. Journal 
Senate, May 24, 1796. 

In the two Houses of Congress conference reports were originally 
merely suggestions for action and were neither 
543. Forms of identical in the two Houses nor acted on as a whole 

r^wrtT"* < v > 646&-6471). In the House of Representatives, 

Rule XXVIII, provides that conference reports 
may be received at any time, except when the Journal is being read, 
while the roll is being called or the House is dividing. The early reports 
were not signed by the managers (IV, 3905) ; but in the later practice 
the signatures of the majority of the managers of each House is required 
(V, 6497-6502; VIII, 3295). Sometimes a manager indorses the report 
with a conditional approval or dissent (V, 6489-6496, 6538), but supple- 
mental reports or minority views may not be filed in connection with 
conference reports (VIII, 3302) . The name of an absent manager may 
not be affixed, but the two Houses by concurrent action may authorize 
him to sign the report after it has been acted on (V, 6488) . The minor- 
ity portion of the managers of a conference have no authority to make 
either a written or verbal report concerning the conference (V, 6406) . 
In the later practice reports of managers are identical, and made in 
duplicate for the two Houses, the House managers signing first the 
report for their House and the Senate managers signing the other report 
first (V, 6323, 6426, 6499, 6500, 6504). Under certain circumstances 
managers may report an entirely new bill on a subject in disagreement, but 
this bin is acted on as part of the report (V, 6465-6467; see also 913). 

Managers may report an agreement as to a portion of the amend- 
544. Partial con- ments in disagreement, leaving the remainder to be 
ference reports. disposed of by subsequent action (V, 6460-6464). 

[263] 



JEFFERSON'S 

545-547. 

Where managers of a conference are unable to agree, or where a 
report is disagreed to in either House, another con- 
546. Reports of f e rence is usually asked (V, 6288-6291). When 
inability to agree. managers rep ort that they have been unable to 
agree, the report is not acted on by the House of Representatives (V, 
6562; VIII, 3329, Aug. 23, 1957, p. 15816), and need not be printed in 
the Record before the amendments in disagreement are again taken 
up in the House (VIII, 3299, 3332) . In the earlier practice reports of 
inability to agree were made verbally or by unsigned written reports 
(V, 6563-6567); but in later practice they are written, in identical 
form, and signed by the managers of the two Houses (V, 6568, 6569). 
The managers of a conference must confine themselves to the differ- 
546. Managers ences committed to them (V, 6417, 6418; VIII, 3252, 
restricted to the 3255, 3282), and may not include subjects not within 

disagreements of the disagreements (V, 6407, 6408; VIII, 3253-3255, 
the two Houses. 3250, 3282, 3284), even though germane to a ques- 
tion in issue (V, 6419; VIII, 3256). But they may perfect amendments 
committed to them if they do not in so doing go beyond the differences 
(V, 6409-6413). Thus, where an amendment providing an appropria- 
tion to construct a road had been disagreed to, it was held in order to 
report a provision to provide for a survey for the road (V, 6425). 
Managers may not change the text to which both Houses have agreed 
(V, 6417, 6418, 6420, 6433-6436). But where the amendment in issue 
strikes out all of the bill after the enacting clause and substitutes a 
new text, the managers have the whole subject before them and may 
exercise a broad discretion as to details (V, 6424; VIII, 3266) , and may 
even report an entirely new bill on the subject (V, 6421, 6423; VIII, 
3248, 3263, 3265, 3276; see also 913). Where the amendment in 
disagreement proposes a substitute differing greatly from the House 
provision they may eliminate the entire subject matter (Speaker 
Gillett, Sept. 14, 1922, p. 12598). 

In the House of Representatives the Speaker may rule out a confer- 
547. Remedy ence report if it be shown that the managers have 

where managers exceeded their authority (V, 6409-6416; VIII, 3256). 
exceed their in the House points of order against reports are 

an onty. made or reserved after the report is read and before 

the reading of the statement (V,.6424, 6441; VIII, 3282, 3284, 3285, 
3287), or consideration begins (V, 6903-6905; VIII, 3286), or the 
report has been agreed to (V, 6442) and in case the statement is read 
in lieu of the report the point of order must be made or reserved before 
the statement is read (VIII, 3256, 3265, 3285, 3288, 3289). 

[264] 



JEFFERSON'S MANUAL 

548-550. 

In the Senate under the former practice the Chair did not rule out 
conference reports, but the Senate itself expressed its opinion on the 
vote to agree to the report (V, 6426-6432) but on March 8, 1918, the 
Senate adopted a rule providing for a point of order against conferees 
inserting matter not committed to them or changing the text agreed 
to by both Houses and also providing for automatic recommitting of 
such report to the committee of conference in case the point of order is 
sustained. This rule of the Senate has been strictly construed (VIII, 
3273, 3275). 

Before managers of a conference may report the other House must be 
notified of their appointment and a meeting must be 

held (Vj 6458) * Conferences are generally held in 
*ke Senate portion of the Capitol, and with closed 
doors, although in rare instances Members and others 
have been admitted to make arguments (V, 6254, footnote, 6263). 
Rarely, also, papers in the nature of petitions have been referred to 
managers (V, 6263) . The managers of the two Houses vote separately 
(V, 6336). 

The report of the managers of a conference goes first to one House and 
549. Action on a then to the other, neither House acting until it is in 
conference report possession of the papers, which means the original bill 
in the two Houses. an( j amendments, as well as the report (V, 6322, 
6518-6522, 6586; VIII, 3301). The report must be acted on as a whole, 
being agreed to or disagreed to as an entirety (V, 6472-6480, 6530-6533; 
VIII, 3304, 3305) ; and until the report has been acted on no motion to 
deal with the individual amendments is in order (V, 6323, 6389, 6390). 
While ordinarily reports are agreed to by majority vote, a two-thirds 
vote is required on a report relating to a constitutional amendment (V, 
7036). Conference reports must be acted on in both Houses and in a 
case where the Senate had adopted a report which recommended that 
it recede from its amendments to a House Bill, the House rejected the 
report and then agreed to the Senate amendments (March 21, 1956, 
p. 5278). A conference report being made up but not acted on at 
the expiration of a Congress, the bill is lost (V, 6309). One House 
has, by message, reminded the other of its neglect to act on a con- 
ference report; but this was an occasion of criticism (V, 6309). 

When a conference report is presented, the question on agreeing is 
5650. Motions m regarded as pending (V, 6517; VIII, 3300), and as 
order during the negative of it is equivalent to disagreement, the 

action on a motion to disagree is not admitted (II, 1473; V, 6517; 

conference report. yjjj^ 3300^ r^ rea dmg of the amendments to 

[265] 



551,552. 

which the report relates is not In order during its consideration (V, 
5298). The report may not be amended on motion made in either 
House alone (V, 6534, 6535; VIII, 3306), but amendment is sometimes 
made by concurrent action of the two Houses (V, 6536, 6537; VIII, 
3308). A motion to refer to a standing committee (V, 6558) or to lay 
on the table is not entertained in the House (V, 6538-6544) ; and a 
conference report may not be sent to Committee of the Whole on 
suggestion that it contains matter ordinarily requiring consideration 
in that committee (V, 6559-6561). It is in order on motion to recom- 
mit a conference report if the other body, by action on the report, 
have not discharged their managers (V, 6545-6553, 6609; VIII, 3310), 
and by concurrent action of the two Houses a report may be recom- 
mitted after one House had acted on it (VIII, 3308, 3316), but such 
a proposition would not be privileged in the House (V, 6554-6557; 
VIII, 3309). 

A bill being recommitted to the committee of conference, no further 
action is taken by the House until it is again reported by the managers 
(VIII, 3326, 3327), and when reported is subject to another motion 
to recommit (VIII, 3325). 

When either House disagrees to a conference report the matter is 

left in the position it was in before the conference 

55L Effect of wag ^j^ ( y 6525 ) ^ d the amendments in dis- 

cbsagreement to a , ... j. /TT - i*^ i 

conference report. agreement come up for further action (II, 1473), but 
do not return to the state they were in before dis- 
agreement, so that they may be required to go to Committee of the 
Whole (V, 6589). Motions for disposition of Senate amendments, send- 
ing to conference and instruction of conferees, are again in order (VIII, 
3303), but right to recognition passes to opposition (II, 1473-1477). 

A conference may be asked, before the House 
552. custody of asking it has come to a resolution of 
papers when a disagreement, insisting or adhering. 3 

conference is 7 

asked before Hats., 269, 341 In which case the 

* fia * reement * papers are not left with the other con- 
ferees, but are brought back to be the foundation of 
the vote to be given. And this is the most reason- 
able and respectful proceeding; for, as was urged by 
the Lords on a particular occasion, "it is held vain, 

[266] 



5653,554. 

and below the wisdom t>f Parliament, to reason or 
argue against fixed resolutions; and upon terms of 
impossibility to persuade." 3 Hats., 226. * * * 

In the Houses of Congress conferences are sometimes asked before a 
disagreement, and while the rule as to retention of the papers undoubt- 
edly holds good, neglect to observe it has not been questioned (V, 65S5) . 

* * * So the Commons say, "an adherence is 
never delivered at a free conference, 

\ 553. Relations iiiii 

of adherence and which implies debate. 10 Grey, 137. 

conference under AT , i ii T -i 

the parliamentary And on another occasion the Lords 
law * made it an objection that the Commons 

had asked a free conference after they had made 
resolutions of adhering. It was then affirmed, how- 
ever, on the part of the Commons that nothing was 
more parliamentary than to proceed with free con- 
ferences after adhering, 3 Hats., 269, and we do in 
ast see instances of conference, or of free conference, 
asked after the resolution of disagreeing, 3 Herts., 
251, 263, 260, 286, 291, 316, 349; of insisting, ib., 
280, 296, 299, 319, 322, 355; of adhering, 869, 270, 
283, 300; and even of a second or final adherence. 
3 Hats., 270. * * * 

The two Houses not observing the parliamentary distinctions as to 
free and other conferences, their practice in case of 
ofadherenwTand adherence is also different. Conferences are not 
conference under asked after an adherence by both Houses, but have 
the practice of the often been .asked and granted where only one House 
two Houses of ^ Adhered (V, 6241-6244). A vote to adhere 

Congress. may ^^ be accom p a:D ied by a request for a con- 

ference (V; 6303; VIII, -3208), as the House that votes to adhere does 
not ask a conference (V, 6304-6308). The request for a conference 
in such a case is properly accompanied by a motion to insist (V, 6308) . 

[2671 



JEFFERSON'S 

$$555-557. 

And the House that has adhered may insist on its adherence when it 
agrees to the conference (V, 6325), or it may recede from its adherence 
and agree to the conference (V, 6251). But it is not considered 
necessary either to recede or insist before agreeing to the conference 
(V, 6242, 6244, 6310, 6311). 

* * * And in all cases of conference asked 
555. custody of a fter a vote of disagreement, &c., the 
lffe^ rsateran conferees of the House asking it are to 
conference. leave the papers with the conferees of 

the other; and in one case where they refused to 
receive them they were left on the table in the con- 
ference chamber. 76., 271, 817, 328, 854; 10 Grey, 
146. 

This principle of the parliamentary law is recognized as of effect in the 
556. Custody of " two Houses of Congress, and is always followed in 
papers when cases wherein the managers of the conference come 

managers of a to an agreement on which a report may be based, 

conference fail to j f con f er ees of House agreeing to conference sur- 
asfree * render papers to House asking conference, report can 

be received first by House asking the conference (VIII, 3330). But 
where a conference breaks up without reaching any agreement the 
managers for the House which asked the conference, who have the 
papers by right, are justified in retaining them and carrying them back 
to the House (IV, 3905 footnote, V, 6246, 6254, 6571-6584; VIII, 3332). 
And in one case wherein under such circumstances the papers were 
taken back to the Senate, which was the body agreeing to the confer- 
ence, the Senate after consideration sent them to the House, since it 
seemed proper for the asking House to take the first action (V, 6573). 
But sometimes managers have brought the papers to the agreeing 
House without question (V, 6239, footnote). 

After a free conference the usage is to proceed with 
5 557. Free or in. ^ TeQ con f ^ences and not to return again 
to a conference. S Hats., 270; 9 Grey, 
229. 



[268] 



JEFFERSON'S 



558. 

After a conference denied a free conference may be 



asked. 1 Grey, 45 



The House of Representatives instructs its managers whenever it 
sees fit, without regard to whether or not the preceding conference has 
been free or instructed. 

When a conference is asked, the subject of it must 
fiteo w be expressed or the conference not 

558. Jrariiamen.- * 

agreed to. Ord. H. Com., 89; 1 Grey, 
4&5 ; 7 Grey, 31. They are sometimes 
** held * asked to inquire concerning an offense 

or default of a member of the other House. 6 Grey, 
181; 1 Chand., 804. Or the failure of the other 
House to present to the King a bill passed by both 
Houses. 8 Grey, 802. Or on information received 
and relating to the safety of the nation. 10 Grey, 171 . 
Or when the methods of Parliament are thought by 
the one House to have been departed from by the 
other a conference is asked to come to a right under- 
standing thereon. 10 Grey, 148. So when an un- 
parliamentary message has been sent, instead of an- 
swering it they ask a conference. 3 Grey, 155. For- 
merly an address or articles of impeachment or a bill, 
with amendments, or a vote of the House, or concur- 
rence in a vote, or a message from the King were 
sometimes communicated by way of conference. 
6 Grey, 128, 800, 887; 7 Grey, 80; 8 Grey, 210, 255; 
1 Torbuck's Deb., 278; 10 Grey, 298; 1 Chandler, 49, 
287. But this is not the modern practice. 8 Grey, 
255. 



[269] 



MANtTAL 
559-662. 

9. obsolete 



. A conf erence has been asked after the 

provision as to rst reading of a bill. 1 Grey, 194. 

conference on . , 

first reading. This is a singular instance. 

The House of Representatives has no procedure conforming to this 
provision. 

SEC. XLVH, - MESSAGES. 

560. Messages Messages between the Houses are to 

sent only when ^6 sent only while both Houses are 

DOtn Mouses are ** 

sitting. 8 Hats., 15. * * * 



Formerly this rule was observed (V, 6605, 6604), but since the Sixty- 
second Congress messages have been received when the Senate was not 
in session (VIII, 3338). 

* * * They are received during a 

561. Messages * . 

received during debate without adjourning the debate. 
debate - 3 ffafe., 00. 

In the House of Representatives messages are received during debate, 
the Member having the floor yielding on request of the Speaker. 

In Senate the messengers are introduced in any 
562. Kecep^n *&%&& ^ business, except: 1. While a 



question is being put. 2. While the 

during voting, m ^ ! 11 JO 

absence of a yeas and nays are being called. 3. 

guornm, etc. While the ballots are being counted. 

The first case is short; the second and third are cases 
where any interruption might occasion errors difficult 
to be corrected. So arranged June 15, 1798. 

In the House of Representatives messages are not received while a 
question is being put, during a division by rising vote, or during a vote 
by tellers; but they are received during the call of the yeas and nays, 
during consideration of a question of privilege (V, 6640-6642), during 
a call of the House (V, 6600, 6650; VIII, 3339), and before the organiza- 
tion of the House (V, 6647-6649). But the Speaker exercises his 
discretion about interrupting the pending business (V, 6602). 

[270] 



JEFFERSON'S 

563-565. 

In the House of Representatives, as in Parliament, 

563. informal ^ the House ^ *& committee when a 
rising of messenger attends, the Speaker takes 

Committee of the . , i 

whole to receive tile chair to receive the message, and 
a message. then quits it to return into committee 

without any question or interruption. 4 Grey, 226. 
564 salutation Messengers are not saluted by the 

of messengers by Members, but by the Speaker for the 

the Speaker. g^^ ^^ 868,874- 

The practice of the House of Representatives as to reception of 
messages is founded on this paragraph of the parliamentary law and on 
the former joint rules (V, 6591-6595). The Speaker, with a slight 
inclination, addresses the messenger, by his title, after the messenger, 
with an inclination, has addressed "Mr. Speaker" (V, 6591). 

If messengers commit an error in delivering their 
message, they may be admitted or called 

565. Correction . , . <~ 

and return of in to correct their message. 4 Grey, 41 



Accordingly, March 13, 1800, the Sen- 
ate having made two amendments to a bill from the 
House of Representatives, their Secretary, by mistake, 
delivered one only, which being inadmissible by itself, 
that House disagreed, and notified the Senate of 
their disagreement. This produced a discovery of 
the mistake. The Secretary was sent to the other 
House to correct his mistake, the correction was 
received, and the two amendments acted on de novo. 

The request of the Senate that its Secretary be allowed to correct an 
error in a message was granted by order of the House (V, 6605), and in a 
similar case, when the House directed its clerk to correct an error in a 
message to the Senate, the Senate agreed to the correction (V, 6607). 
In the House a proposition to correct an error in a message to the Senate 

271] 



JEFFERSON'S 

566-568. 

is received as a question of privilege (III, 2613) . One House sometimes 
asks of the other the return of a message (V, 6609-6611). 

As soon as the messenger who has brought bills 
from the other House has retired, the 
Speaker holds the bills in his hand; and 
reception. acquaints the House "that the other 

House have by their messenger sent certain bills/' 
and then reads their titles, and delivers them to the 
Clerk to be safely kept till they shall be called for to 
be read. Hakew., 178. 

In the House of Representatives the message goes to the Speaker's 
table, but the Speaker does not acquaint the House, as they have al- 
ready heard the message. From the Speaker's table messages are dis- 
posed of under Rule XXIV, cl. 2. 

It is not the usage for one House to inform the other 
by what numbers a bill is passed. 10 

567. Information ^ ^ 

by message as to Grey, ISO. Yet they have sometimes 
biiis passed. recommended a bill, as of great impor- 

tance, to the consideration of the House to which it 
is sent. S Hats., 25. * * * 

The Houses of Congress do not communicate by what numbers a bill 
is passed, or otherwise recommend their bills. 

* * * Nor when they have rejected a bill 
568. information from the other House, do they give 
by message^ to notice of it ; but it passes sub silentio, 

rejection of bills. ; r 7 

to prevent unbecoming altercations. 1 
Blackst., 183. 

But in Congress the rejection is notified by message 
to the House in which the bill originated. 

In the two Houses of Congress the rejection of a bill is notified to the 
House in which the bill originated, as in the days of Jefferson, although 

[272] 



JEFFERSON'S MANUAL 

569-571. 

the joint rule requiring it has disappeared (IV, 3422; V, 6601). And in a 
case -wherein the House had stricken out the enacting words of a Senate 
bill, the Senate was notified that the bill had been rejected (IV, 3423; 
VIII, 2638). 

A question is never asked by the one House of the 
569. Questions other by way of message, but only at a 
^n^ence,not conference; for this is an interrogatory, 
by message. no t a message. 3 Grey, 151, 181. 

In 1798 the House of Representatives asked of the Senate a question 
by way of conference, but this appears to be the only instance (V, 6256) . 

When a bill is sent by one House to the other, and 
570. Messages is neglected, they may send a message 

astoneslected ^ remin( J them of -^ g ff^^ gg. 

5 Grey, 154- But if it be mere inattention, it is 
better to have it done informally by communication 
between the Speakers or Members of the two Houses. 

It does not appear that either House of Congress has reminded the 
other of a neglected bill. 

Where the subject of a message is of a nature that 
57i. Messages it can properly be communicated to 
patent to <*e both Houses of Parliament, it is ex- 
two Houses, pected that this communication should 
be made to both on the same day. But where a 
message was accompanied with an original declara- 
tion, signed by the party to which the message re- 
ferred, its being sent to one House was not noticed 
by the other, because the declaration being original, 
could not possibly be sent to both Houses at the 
same time. 2 Hats., 260, 261, 262. 

The King having sent original letters to the Com- 

[273] 



MANUAL 
872. 

mons afterward desires they may be returned, that 
he may communicate them to the Lords. 1 Chan- 
dler, SOS. 

A message of the President of the United States is usually communi- 
cated to both Houses on the same day when its nature permits (V, 
6590) ; but an original document accompanying can, of course, be sent 
to but one House (V, 6616, 6617). The President having by inad- 
vertence included certain papers in a message, was allowed to withdraw 
them (V, 6651). * 

SEC. XLVIII. ASSENT. 

The House which has received a bill and passed it 

572 Pariia- m8i y P resen * & ^ OY ^ e King's assent, 
mentaiyiawasto and ought to do it, though they have 

presenting a bill , .- ** ,1^1 

for the King's not by message notified to the other 
assent * their passage of it. Yet the notifying 

by message is a form which ought to be observed 
between the two Houses from motives of respect and 
good understanding. 2 Hats., 242. Were the bill 
to be withheld from being presented to the King, it 
would be an infringement of the rules of Parlia- 
ment. 76. 

In the House of Representatives it was held that where there had been 
no unreasonable delay in transmitting an enrolled bill to the President, 
a resolution relating thereto did not present a question of privilege 
(III, 2601). 

In House of Representatives roll call is suspended at the discretion 
of the Speaker to receive messages from the President, but this is seldom 
done. 



[274] 



S MANUAL 

573-575. 

When a bill has passed both Houses of Congress, 
575. Pariia- the House last acting on it notifies its 

SS^rf Mto passage to the other, and delivers the 
bflls - bill to the Joint Committee of Enroll- 

ment, who sees that it is truly enrolled in parchment. 
When the bill is enrolled it is not to be written in 
paragraphs, but solidly, and all of a piece, that the 
blanks between the paragraphs may not give room 
for forgery. 9 Grey, 148. * * * 

Formerly the enrollment in the House of Representatives and the 
574. Practice of Senate was in writing (IV, 3436, 3437); but in 1893 
the two Houses of ^ fle * wo Houses, by concurrent resolution, provided 
Congress as to that bills should be enrolled on parchment by print- 

enrollment of i n g instead of by writing, and also that the engross- 

biUs% ment of bills prior to sending them to the other 

House for action should be in printing (IV, 3433), and in 1895 this 
concurrent resolution was approved by statute (IV, 3435) . In the last 
six days of a session of Congress the two Houses, by concurrent resolu- 
tion, may permit the enrolling and engrossing to be done by hand 
(IV, 3435, 3438). Only in a very exceptional case have the two 
Houses waived the requirement that bills -shall be enrolled (IV, 3442). 
The enrolling clerk should make no change, however unimportant, in 
the text of a bill to which the House has agreed (III, 2598) ; but the 
two Houses may by concurrent resolution authorize the correction of 
an error when -enrollment is made (IV, 3446-3450), and this seems a 
better practice than earlier methods by authority of the Committee 
on Enrolled Bills (IV, 3444, 3445). (NOTE. The Committee on 
Enrolled Bills was abolished under the Legislative Reorganization Act 
of 1946, and its powers and duties transferred to the Committee on 
House Administration.) 

* * * It is then put into the hands of the Clerk 
575. signing of of the House of Representatives to have 
ZSSSZS* ' it s^ed by the Speaker. The Clerk 
President. then brings it by way of message to the 

Senate to be signed by their President. The Secre- 

[275] 



MANUAL 
$5 576, 577. 

tary of the Senate returns it to the Committee of 
Enrollment, who present it to the President of the 
United States. * * * 

The practice of the two Houses of Congress for the signing of enrolled 
bills was formerly governed by joint rules, and has continued since 
those rules were abrogated in 1876 (IV, 3430). The bills are signed 
first by the Speaker, then by the President of the Senate (IV, 3429). 
By unanimous consent where errors are found in enrolled bills that have 
been signed, the two Houses by concurrent action may authorize the 
cancellation of the signatures and a reenrollment (IV, 3453-3459), and 
in the same way the signatures may be cancelled on a bill prematurely 
enrolled (IV, 3454). 

A Speaker pro tempore elected by the House (II, 1401) or whose 
576. Authority designation has received the approval of the House 
of pro tempore (II, 1404; VI, 277), signs enrolled bills; but a Member 

presiding officers merely called to the chair during the day (II, 1399, 
* rfe* Boiled 1400; VI, 276), or designated in writing by the 

Speaker, does not exercise this function (II, 1401). 

The Senate, by rule, has empowered a presiding officer by written 
designation to sign enrolled bills (II, 1403). 

In early days a joint committee took enrolled bills to the President 
577. Presenta- ( Iv , 3432) ; but in the later practice the chairman of 
tion of enrolled the committee for each House presents the bills from 

bills to the hig House, and submits from his committee daily a 

President. report of the bills presented for entry in the journal 

(IV, 3431). Enrolled bills pending at the close of a session have, at 
the next session of the same Congress, been ordered to be treated as 
if no adjournment had taken place (IV, 3487, 3488). And enrolled 
bills signed by the presiding officers at one session have been sent to the 
President and approved at the next session of the same Congress 
(IV, 3486). 



276] 



JEFFERSON'S MANUAL 

5 578-580 

SEC. XLIX. JOUKNALS. 
***** 

If a question is interrupted by a vote to adjourn, or 
to proceed to the orders of the day, the 
original question is never printed in the 



entry of motions journal, it never having been a vote, nor 

in the journal. , i , , , 

introductory to any vote; but when 
suppressed by the previous question, the first ques- 
tion must be stated, in order to introduce and make 
intelligible the second. 2 Hats., 83. 

This provision of the parliamentary law is superseded by Rule XVI, 
cl. 1. 

So also when a question is postponed, adjourned, or 

laid on the table, the original question, 

LfrL^uei- though not yet a vote, must be ex- 

tions postponed, pressed in the journals, because it 

or laid on the table. ^ i /. 

makes part of the vote of postponement, 
adjourning, or laying it on the table. 

In the House of Representatives a question is not adjourned, except 
in the sense that it may be left to go over as unfinished business by 
reason of a vote to adjourn. 

Where amendments are made to a question, 
those amendments are not printed in 

580. Entryof ^ 

amendments m the journals, separated from the ques- 
the jonmai. fton] but only the question as finally 

agreed to by the House. The rule of entering in 
the journals only what the House has agreed to, 
is founded in great prudence and good sense, as 



62581 H. Doc. 459, 86-2 19 [277] 



$ 581, 582. 

there may be many questions proposed which it 
may be improper to publish to the world in the 
form in which they are made. 2 Hats., 85. 

In the practice of the House of Representatives a motion to amend 
is entered on the Journal as any other motion, under Rule XVI, cL 1. 



SSL Entry of The first order for printing the votes 

of the House of Commons was October 
30, 1685. 1 Chandler, 387. 
Some judges have been of opinion that the jour- 
nals of the House of Commons are 

582. The jour- 

nai as an official no records, but only remembrances. 



record. 



Lex. ParZ., 114, 115; Jour. H. C., Mar. 17, 1592; 
Hale, ParL, 105. For the Lords in their House 
have power of judicature, the Commons in their 
House have power of judicature, and both Houses 
together have power of judicature; and the book of 
the Clerk of the House of Commons is a record, as 
is affirmed by act of ParL, 6 H. 8, c. 16; 4 Inst., 28, 
24; and every member of the House of Commons 
hath a judicial place. 4 Inst., 15. As records they 
are open to every person, and a printed vote of 
either House is sufficient ground for the other to 
notice it. Either may appoint a committee to 
inspect the journals of the other, and report what 
has been done by the other in any particular case. 
2 Hats., 261; 8 Hats., 27-30. Every member has 
a right to see the journals and to take and publish 

[278] 



583-585. 

votes from them. Being a record, every one may 
see and publish them. 6 Grey, 118, 119, 

The Journal of the House of Representatives Is the official record 
of the proceedings of the House (IV, 2727), and certified copies are 
admitted as evidence in the courts of the United States (IV, 2810; 
28 U. S. C. 1736). A Senate committee concluded that the Journal 
entries of a legislative body were conclusive as to all the proceedings 
had, and might not be contradicted by ex parte evidence (I, 563). 

On information of a misentry or omission of an 
583. correction entry in the journal, a committee may 
^uglT 1 be appointed to examine and rectify it, 

committee. an( j report it to the House. 2 Hats., 

194, 



SEC. L, - ADJOURNMENT. 

The two Houses of Parliament have the sole, sepa- 
584. Pariia- rate ? an d independent power of ad- 



each their respective Houses. 

adjournment of . . 

the commons and The King has no authority to adjourn 
Ix>rds " them; he can only signify his desire, 

and it is in the wisdom and prudence of either House 
to comply with his requisition, or not, as they see 
fitting. * Hats., 232; 1 BlacksL, 186; 5 Grey, 122. 

# * * # * 

A motion to adjourn, simply cannot be amended, 
as by adding "to a particular day;" 

585. Motion to J & , * i ttj.^ j. A- 

adjourn not to be but must be put simply that this 
amended. House do now adjourn;^ and if car- 

ried in the affirmative, it is adjourned to the next 
sitting day, unless it has come to a previous resolu- 

[279] 



JEFFERSON'S MANUAL 

586. 

tion, "that at its rising it will adjourn to a particular 
day," and then the House is adjourned to that day. 
8 Hats., 82. 

This rule is of effect in the modern practice of the House of Repre- 
sentatives (Rule XVI, cl. 4). 

Where it is convenient that the business of the 
586. Motion for House be suspended for a short time, 
a recess. ag .f or a conference presently to be 

held, &c., it adjourns during pleasure; 2 Hats., 305; 
or for a quarter of an hour. 4 Grey, 331 . 

An adjournment during pleasure is effected in the House of Repre- 
sentatives by a motion for a recess. A recess may not be taken by less 
than a quorum (IV, 2958-2960), and consequently the motion for it is 
not in order in the absence of a quorum (IV, 2955-2957). When the 
hour previously fixed for a recess arrives, the Chair declares the House 
in recess even in the midst of a division or when a quorum is not present 
(V, 6665, 6666; VI, 664) ; but a roU call is not in this way interrupted (V, 
6054, 6055). Where a special order requires a recess at a certain hour 
of a certain day, the recess is not taken if the encroachment of a prior 
legislative day prevents the existence of the said certain day as a 
legislative day (IV, 3192). And an adjournment at a time prior to 
the hour fixed for a recess vacates the recess (IV, 3283). A motion 
for a recess must, when entertained, be voted on, even though the 
taking of the vote may have been prevented until after the hour 
specified for the conclusion of the proposed recess (V, 6667). A Com- 
mittee of the Whole takes a recess only by permission of the House 
(V, 6669-6671 ; VIII, 3362) . The motion for a recess is not privileged 
(V, 5301, 5302, 6740) against a demand that business proceed in the 
regular order (V, 6663; VIII, 3354-3356). 

a During session of Congress neither House shall adjourn for more 
than three days without consent of the other. (Constitution U. S., 
art. 1, sec. 6, par. 1.) 



[280] 



' 



JEFFERSON'S 

587, 588. 

If a question be put for adjournment, it is no ad- 
ss? Adjonm. joumment till the Speaker pronounces 
ment pronounced it. 5 Grey, 137. And from courtesy 
by the speaker. a ^ respect, no member leaves his place 
till the Speaker has passed on. 

SEC. LI. - A SESSION. 

Parliament have three modes of separation, to wit: 
588. sessions of b 7 ad J oununezit, by prorogation or dis- 
pariiament. solution by the King, or by the efflux 

of the term for which they were elected. Prorogation 
or dissolution constitutes there what is called a ses- 
sion; provided some act was passed. In this case 
all matters depending before them are discontinued, 
and at their next meeting are to be taken up de novo, 
if taken up at all. 1 BlacksL, 186. Adjournment, 
which is by themselves, is no more than a continuance 
of the session from one day to another, of for a fort- 
night, a month, &c., ad libitum. All matters depend- 
ing remain in statu quo, and when they meet again, 
be the term ever so distant, are resumed, without any 
fresh commencement, at the point at which they were 
left. 1 Lev., 165; Lex. ParL, c. 2; 1 Ro. Rep., 29; 4 
InsL, 7, 27, 28; Hutt., 61; 1 Mod., 252; Ruffh. Jac., 
L. Diet. Parliament; 1 Blackst., 186. Their whole 
session is considered in law but as one day, and has 
relation to the first day thereof. Bro. Abr. Parlia- 
ment, 86. 



[281] 



JEFFERSONS 

5 589, 590. 

Committees may be appointed to sit during a 
589. sitting of recess by adjournment, but not by 
prorogation. 5 Grey, 374; 9 Grey, 350; 



of concussions to Chandler* SO. Neither House can 

sit after Congress . - . , f . 

adjourns. contmue any portion of itself in any 

parliamentary function beyond the end of the session 
without the consent of the other two branches. When 
done, it is by a bill constituting them commissioners 
for the particular purpose. 

The House of Representatives may empower a committee to sit dur- 
ing a recess which is within the constitutional term of the House (IV, 
4541-4543), but not thereafter (IV, 4545). Therefore committees are 
created commissioners by law if their functions are to extend beyond 
the term of the Congress (IV, 4545) . 

Congress separate in two ways only, to wit, by 
590. sessions and adjournment, or dissolution by the 
recesses of congress, efflux of their time. What, then, con- 
stitutes a session with them? A dissolution certainly 
closes one session, and the meeting of the new Con- 
gress begins another. The Constitution authorizes 
the President, "on extraordinary occasions to con- 
vene both Houses, or either of them/' /, 8. If con- 
vened by the President's proclamation, this must 
begin a new session, and of course determine the pre- 
ceding one to have been a session, So if it meets 
under the clause of the Constitution which says, f 'the 
Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in 
December, unless they shall by law appoint a different 
day." I, 4- This must begin a new session; for 

[282] 



JEFFERSON'S MANUAL. 

591. 

even if the last adjournment was to this day the act 
of adjournment is merged in the higher authority of 
the Constitution, and the meeting will be under that, 
and not under their adjournment. So far we have 
fixed landmarks for determining sessions. * * * 

In the later practice of Congress it has beau established that when the 
two Houses adjourn for more than three days and not to or beyond a 
day fixed by Constitution or law for the next regular session to begin, 
the session is not thereby necessarily terminated (V, 6676, 6677). 
And in one instance the two Houses by concurrent resolution provided 
for adjournment to a certain day with a provision that if there be no 
quorum present on that day the session should terminate (V, 6686). 
Prior to the adoption of the twentieth amendment in the later but 
not the earlier practice the fact that Congress had met once within the 
year did not make uncertain the constitutional mandate to meet on 
the first Monday of December (I, 10, 11). And where a special session 
continued until the time prescribed by the Constitution for the annual 
meeting without an appreciable intervening time (V, 6690, 6692), 
a question arose as to whether there had actually been a recess of 
Congress (V, 6687, 6693), with the conclusion that a recess was a real 
and not an imaginary time (V, 6687). (NOTE. The Twentieth 
amendment to the Constitution provides now for the meeting of 
Congress on the 3d of January). 

* * * In other cases it is declared by the joint 
591. Manner of vote authorizing the President of the 
by'actionT^ 1 Senate and the Speaker to close the 
two Houses. session on a fixed day, which is usually 

in the following form: "Resolved by the Senate and 
House of Representatives, that the President of the 
Senate and the Speaker of the House of Representa- 
tives be authorized to close the present session by 

adjourning their respective Houses on the day 

of ." 

[283] 



JTEITERSON'S 

2, 593. 

In the modern practice the resolving clause of the concurrent resolu- 
tion is in form different from that given by Jefferson ( 969). At the 
close of the first session of the Sixty-sixth Congress, the two Houses 
adjourned sine die under authority granted each House by simple 
resolutions consenting to such adjournment sine die at any time prior 
to a specified date (November 19, 1919, p. 8810). Pursuant to House 
Concurrent Resolution 266, 83d Congress, the House adjourned sine die 
on August 20, 1954, with consent of the House to adjournment sine die 
of the Senate at anytime prior to December 25, 1954 (August 20, 1954, 
p. 15554). 

When it was said above that all matters depending 
before Parliament were discontinued by 
the determination of the session, it was 
not meant for judiciary cases depend- 
ing before the House of Lords, such as 

impeachments, appeals, and writs of error. These 

stand continued, of course, to the next session. 

Raym., 120, 381; Ruffh. Fac., L. D., Parliament. 
Impeachments stand, in like manner, continued 

before the Senate of the United States. 

In the House of Representatives Rule XXVI and the practice there- 
under show that the two Houses of Congress have departed from the 
law of Parliament. 

SEC. LII. TREATIES. 



Treaties are legislative acts. A treaty is the law 
593. General nature of the land. It differs from other laws 
of treaties. on jy ag ft m ust have the consent of a 

foreign nation, being but a contract with respect to 
that nation. In all countries, I believe, except Eng- 
land, treaties are made by the legislative power; and 
there, also, if they touch the laws of the land they 
must be approved by Parliament. Ware v. Hylton, 
3 Dallas' s Rep., 223. It is acknowledged, for in- 

[284] 



JEFFERSON'S MANUAL 

594. 

stance, that the King of Great Britain cannot by a 
treaty make a citizen of an alien. Vattel, b. 1, c. 19, 
sec. 214- An act of Parliament was necessary to val- 
idate the American treaty of 1783. And abundant 
examples of such acts can be cited. In the case of 
the treaty of Utrecht, in 1712, the commercial articles 
required the concurrence of Parliament; but a bill 
brought in for that purpose was rejected. France, 
the other contracting party, suffered these articles, 
in practice, to be not insisted on, and adhered to the 
rest of the treaty. 4 Russell's Hist. Mod. Europe, 
457; 2 Smollet, 242, 246. 

By the Constitution of the United States this de- 
594. Jefferson's partment of legislation is confined to 
two branches only of the ordinary legis- 
lature the President originating and 
the Senate having a negative. To what subjects this 
power extends has not been defined in detail by the 
Constitution; nor are we entirely agreed among our- 
selves. 1. It is admitted that it must concern the 
foreign nation party to the contract, or it would be a 
mere nullity, res inter alias acta. 2. By the general 
power to make treaties, the Constitution must have 
intended to comprehend only those subjects which 
are usually regulated by treaty, and can not be other- 
wise regulated. 3. It must have meant to except out 
of these the rights reserved to the States; for surely 
the President and Senate can not do by treaty what 
the whole Government is interdicted from doing in 

[285] 



JEFFERSON'S 

595,596. 

any way. 4. And also to except those subjects of 
legislation in which it gave a participation to the 
House of Representatives, This last exception is de- 
nied by some on the ground that it would leave very 
little matter for the treaty power to work on. The 
less the better, say others. The Constitution thought 
it wise to restrain the Executive and Senate from 
entangling and embroiling our affairs with those of 
Europe. Besides, as the negotiations are carried on 
by the Executive alone, the subjecting to the ratifi- 
cation of the Representatives such articles as are 
within their participation is no more inconvenient 
than to the Senate. But the ground of this excep- 
tion is denied as unfounded. For examine, e. g. ; the 
treaty of commerce with France, and it will be found 
that, out of thirty-one articles, there are not more 
than small portions of two or three of them which 
would not still remain as subjects of treaties, un- 
touched by these exceptions. 

The participation of the House of Representatives in the treaty- 
making power has been often examined since Jef- 
Lti'on^tJteHouse ferson;s Manual was written. The House has in 
as to treaties. several instances taken action in carrying into effect, 

terminating, enforcing, and suggesting treaties (II, 
1502-1605, 1520-1522), although sometimes the propriety of requesting 
the Executive to negotiate a treaty has been questioned (II, 1514-1517). 
The exact authority of the House in the making of general treaties 
has been the subject of differences of opinion, In 
JtottwS^to f 1796 tke House Affirmed that when a treaty related 
treaties in general. to subjects within the power of Congress it was the 
constitutional duty of the House to deliberate on the 
expediency of carrying such treaty into effect (II, 1509); and in 1816, 
after a discussion with the Senate, the House maintained its position 

[286] 



JEFFERSON'S MANUAL* 

597-599. 

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 (II, 1506). In 1868 the House's assertion of right to a voice 
in carrying out the stipulations of certain treaties was conceded in a 
modified form (II, 1508). Again, in 1871, the House asserted its 
prerogative (II, 1523). In 1820 and 1868 there were discussions of the 
House's functions as to treaties ceding or acquiring foreign territory 
(II, 1507, 1508), and at various other times there have been discussions 
of the general subject (II, 1509, 1546, 1547; VI, 324-326). 

After long and careful consideration the Judiciary Committee of the 
House decided, in 1887, that the executive branch of 
the Government niight not conclude a treaty 
reTenuetreaties. affecting the revenue without the assent of the 
House (II, 1528-1530), and a Senate committee after 
examination concluded that duties were more properly regulated with 
the publicity of congressional action than by treaties negotiated by the 
President and ratified by the Senate in secrecy (II, 1532) . In practice 
the House has acted on revenue treaties (II, 1531, 1533) ; and in 1880 it 
declared the negotiation of a revenue treaty an invasion of its pre- 
rogatives (II, 1524). At other times the subject has been discussed 
(II, 1525-1528, 1531, 1533). 

After long discussion the House, in 1871, successfully asserted its 
598. House right to a voice in approving Indian treaties (II, 

approves Indian 1535, 1536), although in earlier times this preroga- 

treaties. ^.j ve j^ b een jealously guarded by the Executive 

(II, 1534). 

There have been various conflicts with the Executive over requests 
of the House for papers relating to treaties (II, 15Q&-1513, 1518, 1519, 
1561). 

Treaties being declared, equally with the laws of 
599. Treaties the United States, to be the supreme 
abrogated b y ia W . j ftw of t ^ land? it jg understood that an 

act of the legislature alone can declare them infringed 
and rescinded. This was accordingly the process 
adopted in the case of France in 1798. 

Notice to a foreign government of the abrogation of a treaty is 
authorized by a joint resolution (V, 6270). 

[287] 



JEFFERSON'S MANUAL 

600, 601. 

It has been the usage for the Executive, when it 
communicates a treaty to the Senate 

600. Procedure . ,.^ .. , 

of the senate as for their ratification, to communicate 
to treaties. a j gQ ^ correS p O ndence of the nego- 

tiators. This having been omitted in the case of the 
Prussian treaty, was asked by a vote of the House of 
February 12, 1800, and was obtained. And in 
December, 1800, the convention of that year between 
the United States and France, with the report of 
the negotiations by the envoys, but not their in- 
structions, being laid before the Senate, the instruc- 
tions were asked for and communicated by the 
President. 

The mode of voting on questions of ratification is 
by nominal call. 

The Senate now has rules governing its procedure on treaties. 
SEC. Lin. IMPEACHMENT. 



These are the provisions of the Constitution of the 
United States on the subject of im- 
peachments. The following is a sketch 
^ some f *^ e principles and practices 
of England on the same subject: 
Jurisdiction. The Lords can not impeach any to 
themselves, nor join in the accusation, because they 
are the judges. Seld. Judic. in ParL, 12, 68. Nor 
can they proceed against a commoner but on com- 
plaint of the Commons. Ib., 84. The Lords may 

[288] 



JEFFERSON'S MANUAL 

602. 

not, by the law, try a commoner for a capital offense, 
on the information of the King or a private person, 
because the accused is entitled to a trial by his peers 
generally; but on accusation by the House of Com- 
mons, they may proceed against the delinquent, of 
whatsoever degree, and whatsoever be the nature of 
the offense; for there they do not assume to them- 
selves trial at common law. The Commons are then 
instead of a jury, and the judgment is given on their 
demand, which is instead of a verdict. So the Lords 
do only judge, but not try the delinquent. /&., 6, 7. 
But Wooddeson denies that a commoner can now be 
charged capitally before the Lords, even by the 
Commons; and cites Fitzharris's case, 1681, im- 
peached of high treason, where the Lords remitted 
the prosecution to the inferior court. 8 Grey's Deb., 
325-7; 2 Wooddeson, 676, 601; 8 Seld., 1604, 1610, 
1618, 1619, 1641; 4 Blackst, 25; 9 Seld., 1656; 73 
Seld., 1604-18. 

Accusation. The Commons, as the grand inquest 
of the nation, becomes suitors for penal 
Justice. 2 Wood., 597; 6 Grey, 356. 
impeachment. The general course is to pass a resolu- 
tion containing a criminal charge against the sup- 
posed delinquent, and then to direct some member 
to impeach him by oral accusation, at the bar of the 
House of Lords, in the name of the Commons. The 
person signifies that the articles will be exhibited, 
and desires that the delinquent may be sequestered 

[289] 



JEFFERSON'S 

603-605. 

from his seat, or be committed, or that the peers will 
take order for his appearance. Sachev. Trial, 825; 
2 Wood., 602, 605; Lords' Journ., 5 June, 1701; 1 
Wms., 616; 6 Grey, S24* 

In the House of Representatives there are various methods of setting 
503 jace ti on an impeachment in motion: by charges made on the 
of imieachLnt floor on the responsibility of a Member or Delegate 
proceedings in the (II, 1303; III, 2342, 2400, 2469; VI, 525, 526, 528, 
House. 535, 536) ; by charges preferred by a memorial, which 

is usually referred to a committee for examination (III, 2364, 2491, 
2494, 2496, 2499, 2515; VI, 552); by a message from the President 
(III, 2294, 2319; VI, 498); by charges transmitted from the legislature 
of a State (III, 2469) or Territory (III* 2487) or from a grand jury 
(III, 2488) ; or from facts developed and reported by an investigating 
committee of the House (III, 2399, 2444). 

A direct proposition to impeach is a question of high privilege in the 
604 A proposi- House and at once supersedes business otherwise in 
tion to impeach a order under the rules governing the order of business 
question of (Hi, 2045-2048; VI , 468, 469). It may not even be 

prmiege. superseded by an election case, which is also a matter 

of high privilege (III, 2581). It does not lose its privilege from the 
fact that a similar proposition has been made at a previous time during 
the same session of Congress (III, 2408), previous action of the House 
not affecting it (III, 2053). So, also, propositions relating to an im- 
peachment already made are privileged (III, 2400, 2402, 2410) such 
as resolutions providing for selection of managers of an impeachment 
(VI, 517), proposing abatement of impeachment proceedings (VI, 
514) ; but a resolution simply proposing an investigation, even though 
impeachment may be a possible consequence, is not privileged (III, 
2050, 2546 ; VI, 463) . But where a resolution of investigation positively 
proposes impeachment or suggests that end, it has been admitted as of 
privilege (III, 2051, 2052, 2401, 2402). 

The impeachment having been made on the floor by a, Member (III, 

2342, 2400; VI, 525, 526, 528, 535, 536) ; or charges 

tio^of^wSir suggesting impeachment having been made by 

ment charges. " memorial (III, 2495, 2516; 2520, VI, 552) or even 

appearing through common fame (III, 2385, 2506), 

the House has at times ordered an investigation at once. At other 

times it has refrained from ordering investigation until the charges had 

[290] 



s MANUAL 

606-60$. 

been examined by a committee (III, 2364, 2488, 2491, 2492, 2494, 
2504, 2513). 

The House has always examined the charges by its own committee 
before it has voted to impeach (III, 2294, 2487, 2501). 
* 606 " P ^ 6 Tllis comm i t<fc ^^ na $ sometimes been a select commit- 
tee ( UI > 234 2> 2487 > 2494 ) sometimes a standing 
committee (III, 2400, 2409). In some instances the 
committee has made its inquiry ex parte (III, 2319, 2343, 2366, 2385, 
2403, 2496, 2511) ; but in the later practice the sentiment of committees 
has been in favor of permitting the accused to explain, present wit- 
nesses, cross-examine (III, 2445, 2471, 2518), and be represented by 
counsel (III, 2470, 2501, 2511, 2516). 

Its committee on investigation having reported, the House may vote 
the impeachment (III, 2367, 2412), and, after ha ving 
notified the Senate by message (III, 2413, 2446), 
mav direct ^ Q impeachment to be presented at the 
bar of the Senate by a single Member (III, 2294), 
or by two (III, 2319, 2343, 2367), or even five Members (III, 2445). 
These Members in one notable case represented the majority party 
alone, but ordinarily include representation of the minority party (III, 
2445, 2472, 2505). The chairman of the committee impeaches at the 
bar of the Senate by oral accusation (III, 2413, 2446, 2473), and 
requests that the Senate take order as to appearance; but in only one 
case has the parliamentary law as to sequestration and committal been 
followed (III, 2118, 2296), later inquiry resulting in the conclusion 
that the Senate had no power to take into custody the body of the 
accused (III, 2324, 2367). Having delivered the impeachment the 
committee return to the House and report verbally (III, 2413, 2446; 
VI, 501). 

Process. If the party do not appear, proclamations 
BOS. The t are to be issued, giving him a day to ap- 
ap^^of ' P ear - On their ^urn they are strictly 
respondent. examined. If any error be found in 

them, a new proclamation issues, giving a short day. 
If he appear not, his goods may be arrested, and they 
may proceed. Seld. Jud., 98, 99. 



[291] 



JEFFERSON'S MANUAL. 

609, 610. 

The managers for the House of Representatives attend in the Senate 
after the articles have been exhibited and demand that process issue for 
the attendance of respondent (III, 2451, 2478), after which they return 
and report verbally to the House (III, 2423, 2451; VI, 501). The 
Senate thereupon issue a writ of summons, fixing the day of return 
(III, 2423, 2451) ; and in a case wherein the respondent did not appear 
by person or attorney the Senate published a proclamation for him to 
appear (III, 2393). But the respondent's goods were not attached. 

Articles. The accusation (articles) of the Com- 
mons is substituted in place of an 

609. Exhibition . f 

and form of indictment. Thus, by the usage of 

articles. Parliament, in impeachment for writing 

or speaking, the particular words need not be speci- 
fied. Sack. Tr., 825; 2 Wood., 602, 605; Lords' 
Journ., 3 June, 1701; 1 Wms., 616. 

The House of Representatives exhibits its articles after the impeach- 
ment has been carried to the bar of the Senate. The managers, who are 
elected by the House (III, 2300, 2345, 2417, 2448) or appointed by the 
Speaker (III, 2388, 2475), carry the articles in obedience to a resolution 
of the House (III, 2417, 2419, 2448) to the bar of the Senate (III, 2420, 
2449, 2476), the House having previously informed the Senate (III, 
2419, 2448) and received a message informing them of the readiness of 
the latter body to receive the articles (III, 2078, 2325, 2345) . Having 
exhibited the articles the managers return and report verbally to the 
House (III, 2449, 2476). The articles in the Belknap impeachment 
were held sufficient, although attacked for not describing the respondent 
as one subject to impeachment (III, 2123). These articles are signed 
by the Speaker and attested by the Clerk (III, 2302, 2449), and in form 
approved by the practice of the House (III, 2420, 2449, 2476). 

Appearance. If he appear, and the case be 
eio. Pariia- capital, he answers in custody; though 
^^^r to n * if the accusation be general. He 
respondent. fc -^ fo fa committed but on special 

accusations. If it be for a misdemeanor only, he 

[292] 



JEFFERSON'S MANUAL 

611. 

answers, a lord in his place, a commoner at the 
bar, and not in custody, unless, on the answer, 
the Lords find cause to commit him, till he finds 
sureties to attend, and lest he should fly. Seld. 
Jud. } 98, 99. A copy of the articles is given him, 
and a day fixed for his answer. T. Ray.; 1 Rushw., 
268; Post, 232; 1 Clar. Hist, of the Reb., 379. On a 
misdemeanor, his appearance may be in person, or 
he may answer in writing, or by attorney. Seld. 
Jud. } 100. The general rule on accusation for a 
misdemeanor is, that in such a state of liberty or 
restraint as the party is when the Commons com- 
plain of him, in such he is to answer. 76., 101. 
If previously committed by the commons, he an- 
swers as a prisoner. But this may be called in some 
sort judicium parium suorum. Ib. In misdemeanors 
the party has a right to counsel by the common 
law, but not in capital cases. Seld. Jud., 102, 105. 

This paragraph of the parliamentary law is largely obsolete so far as 
en. Require- *^ e practice of the House of Representatives and the 

mentsof the Senate are concerned. The accused may appear in 

Senate as to person or by attorney (III, 2127, 2349, 2424), or he 

*^^ t of may not appear at all (III, 2307, 2333, 2393). In 

case he does not appear the House does not ask that 
he be compelled to appear (III, 2308) , but the trial proceeds as on a plea 
of "not guilty." It has been decided that the Senate has no power to 
take into custody the body of the accused (III, 2324, 2367). The writ 
of summons to the accused recites the articles and notifies him to appear 
at a fixed time and place and file his answer (III, 2127). In all cases 
respondent may appear by counsel (III, 2129), and in one trial, when a 
petition set forth that respondent was insane, the counsel of his son was 
admitted to be heard and present evidence in support of the petition, 
but not to make argument (III, 2333). 

62581 H. Doc. 459, 86-2 20 [293] 



5 612* 613. 

Answer. The answer need not observe great 
612. Answer of strictness of form. He may plead 
respondent. guilty as to part, and defend as to the 

residue; or, saving all exceptions, deny the whole or 
give a particular answer to each article separately. 
1 Rush., 274; ^ Rush,, 1374; 1% Parl. Hist., 442; 3 
Lords' Journ., 13 Nov., 1643; % Wood., 607. But lie 
cannot plead a pardon in bar to the impeachment. 
* Wood,, 615; 2 St. Tr., 735. 

The answer of the President took up the articles one by one, denying 
some of the charges, admitting others but denying that they set forth 
impeachable offenses, and excepting to the sufficiency of others (III, 
2428). The form of this answer was commented on during preparation 
of the replication in the House (III, 2431). Blount and Belknap de- 
murred to the charges on the ground that they were not civil officers 
within the meaning of the Constitution (III, 2310, 2453), and Swayne 
also raised questions as to the jurisdiction of the Senate (III, 2481). 
The answer is part of the pleadings, and exhibits in the nature of 
evidence may not properly be attached thereto (III, 2124). 

Replication, rejoinder, &c. There may be a repli- 
sew. other cation, rejoinder, &c. Sel. Jud., 114; 

pleadings. 8 (fray's ) 6 ^ 2SS; Sack. Tr., 15; 

Journ. H. of Commons, 6 March, 1640-1. 

A replication is always filed, and in one instance the pleadings 
proceeded to a rejoinder, surrejoinder, and similiter (III, 2455). A 
respondent has also filed a protest instead of pleading on the merits 
(III, 2461), but there was objection to this and the Senate barely 
permitted it. In another case respondent interposed a plea as to 
jurisdiction of offenses charged in certain articles, but declined to admit 
that it was a demurrer with the admissions pertinent thereto (III, 
2125, 2431). In the Belknap trial the House was sustained in averring 
in pleadings as to jurisdiction matters not averred in the articles (III, 
2123). The right of the House to allege in the replication matters not 
touched in the articles has been discussed (III, 2457). 

[294] 



JEFFERSON'S MANUAL 

614, 615. 

Witnesses. The practice is to swear the witnesses 
614. Examina- i& open House, and then examine them 
tion of witnesses. there; or a committee may be named, 
who shall examine them in committee, either on inter- 
rogatories agreed on in the House, or such as the 
committee in their discretion shall demand. Seld. 
Jud., 120, 123. 

In trials before the Senate witnesses have always been examined in 
open Senate, and never by a committee, although such procedure has 
been once suggested (III, 2217). 

Jury. In the case of Alice Pierce, 1 R., 2, a jury 
was impaneled for her trial before a 

615. Relation . r 

of jtity trial to committee, Seld. Jud., 123. But this 

impeachment, i , . i 

was on a complaint, not on impeach- 
ment by the Commons. Seld. Jud., 168. It must 
also have been for a misdemeanor only, as the Lords 
spiritual sat in the case, which they do on misde- 
meanors, but not in capital cases. Id., 148. The 
judgment was a forfeiture of all her lands and goods. 
Id., 188. This, Selden says, is the only jury he finds 
recorded in Parliament for misdemeanors; but he 
makes no doubt, if the delinquent doth put himself 
on the trial of his country, a jury ought to be impan- 
eled, and he adds that it is not so on impeachment 
by the Commons, for they are in loco proprio, and 
there no jury ought to be impaneled. Id., 124- The 
Ld. Berkeley, 6 E., 3, was arraigned for the murder 
of L. 2, on an information on the part of the King, 
and not on impeachment of the Commons; for then 



[295] 



JEITERSON'S MANUAL, 

616. 

they had been patria sua. He waived his peerage, 
and was tried by a jury of Gloucestershire and War- 
wickshire. Id., 126. In 1 H., 7, the Commons pro- 
test that they are not to be considered as parties to 
any judgment given, or hereafter to be given in Par- 
liament. Id., 133. They have been generally and 
more justly considered, as is before stated, as the 
grand jury; for the conceit of Selden is certainly not 
accurate, that they are the patria sua of the accused, 
and that the Lords do only judge, but not try. It is 
undeniable that they do try; for they examine wit- 
nesses as to the facts, and acquit or condemn, accord- 
ing to their own belief of them. And Lord Hale says, 
"the peers are judges of law as well as of fact;" 
2 Hale, P. C., 275; consequently of fact as well as of 
law. 

No jury trial is possible as part of an impeachment trial under the 
Constitution (III, 2313). 

Presence of Commons. The Commons are to be 
is. Attendance present at the examination of witnesses. 



of the commons. g e ^ Jud., 124. Indeed, they are to 
attend throughout, either as a committee of the whole 
House, or otherwise, at discretion, appoint managers 
to conduct the proofs. Rushw. Tr. of Straff., 37; 
Com. Journ., 4 Feb., 1709-10; 2 Wood., 614. And 
judgment is not to be given till they demand it. 
Seld. Jud., 124^ But they are not to be present on 
impeachment when the Lords consider of the answer 
or proofs and determine of their judgment. Their 

[296] 



JEOBTERSON'S MANUAL 

617, 618. 

presence, however, is necessary at the answer and 
judgment in case capital Id., 58, 158, as well as not 
capital; iff*. * * *. 

The House of Representatives has consulted its own inclination and 
convenience about attending its managers at an 
impeachment. It did not attend at all in the trials 
of Bloun t Swayne, and Archbald (III, 2318, 2483) ; 
and after attending at the answer of Belknap, 
decided that it would be represented for the remainder of the trial by 
its managers alone (III, 2453). At the trial of the President the 
House, in Committee of the Whole, attended throughout the trial 
(III, 2427), but this is exceptional. In the Peck trial the House 
discussed the subject (III, 2377) and reconsidered its decision to attend 
the trial daily (III, 2028). While the Senate is deliberating the House 
does not attend (III, 2435) ; but when the Senate votes on the charges, 
as at the other open proceedings of the trial, it may attend (III, 2338, 
2383, 2440). While it has frequently attended in Committee of the 
Whole, it may attend as a House (III, 2338). 

* * * The Lords debate the judgment among 
themselves. Then the vote is first 

618. Voting on 

the articles m an taken on the question of guilty or not 
impeachment trial, g^ty. and if they convict, the ques- 
tion, or particular sentence, is out of that which 
seemeth to be most generally agreed on. Seld. Jud., 
167; 2 Wood., 612. 

The question in judgment in an impeachment trial has occasioned 
contention hi the Senate (III, 2339, 2340), and in the trial of the Presi- 
dent the form was left to the Chief Justice (III, 2438, 2439). In the 
Belknap trial there was much deliberation over this subject (III, 2466). 
In the Chase trial the Senate modified its former rule as to form of final 
question (III, 2363). The yeas and nays are taken on each article 
separately (III, 2098, 2339) , but in the trial of the President the Senate, 
by order, voted on the articles in an order differing from the numerical 
order (III, 2440), adjourned after voting on one article (III, 2441), and 
adjourned without day after voting on three of the eleven articles 

[297] 



619. 

(Ill, 2443). After a conviction the Senate votes on the punishment 
(III, 2339, 2397). 

Judgment. Judgments in Parliament, for death, 
619. Judgment in have been strictly guided per legem 
impeachments. terrse, which they can not alter; and 
not at all according to their discretion. They can 
neither omit any part of the legal judgment nor add 
to it. Their sentence must be seeundum non ultra 
legem. Sett. Jud., 168, 171. This trial, though it 
varies in external ceremony, yet differs not in essen- 
tials from criminal prosecutions before inferior courts. 
The same rules of evidence, the same legal notions of 
crimes and punishments, prevailed; for impeach- 
ments are not framed to alter the law, but to carry 
it into more effectual execution against too powerful 
delinquents. The judgment, therefore, is to be such 
as is warranted by legal principles or precedents. 
6 Sta. Tr., 14; 2 Wood., 611. The Chancellor gives 
judgment in misdemeanors; the Lord High Steward 
formerly in cases of life and death. Seld. Jud., 180. 
But now the Steward is deemed not necessary. Post., 
144; ^ Wood., 613. In misdemeanors the greatest 
corporal punishment hath been imprisonment. Seld. 
Jud,, 184. The King's assent is necessary to capital 
judgments (but * Wood., 614, contra), but not in 
misdemeanors. Seld. Jud., 186. , 

TJie Constitution of the United States (Art. I, sec, 3, par. 7) limits the 
judgment to removal and disqualification. 



F298] 



JEFFERSON'S MANUAL 

620. 

Continuance. An impeachment is not discontinued 
620. impeach- by the dissolution of Parliament, but 
S^pted by ma y be resumed by the new Parliament . 
adjournments. T. Ray 383; 4 Com. Journ., 23 Dec., 
1790; Lords' Jour., May 15, 1791; 2 Wood., 618. 

In Congress impeachment proceedings are not discontinued by a 
recess (III, 2299, 2304, 2344, 2375, 2407, 2505); and the Pickering 
impeachment was presented in the Senate on the last day of the 
Seventh Congress (III, 2320); and at the beginning of the Eighth 
Congress the proceedings went on from that point (III, 2321). But 
an impeachment may proceed only when Congress is in session (III, 
2006,2462). 



[299] 



BULES OF THE HOUSE OF EEPEESEITATIYE8 

WITH 

NOTES AND ANNOTATIONS. 



(301] 



Rule L $21. 

RULES OF THE HOUSE OP REPRESENTATIVES, WITH NOTES 
AND ANNOTATIONS* 



RULE I. 

DUTIES OF THE SPEAKER, 

1. The Speaker shall take the chair on every 
62i. caiimg the legislative day precisely at the hour to 

^d^g d o/ihe which the H use sh ^ u have adjourned 
journal, a t the last sitting, immediately call the 

Members to order, and on the appearance of a 
quorum, cause the Journal of the proceedings of the 
last day's sitting to be read, having previously ex- 
amined and approved the same. 

This rule was adopted in 1789 and perfected in 1811 and 1824 (II, 
1310). 

The hour of meeting is usually 12 m,, fixed by standing order (I, 104- 
109, 116, 117; IV, 4325). Immediately after the Members are called 
to order prayer is offered by the Chaplain (IV, 3056), and the Speaker 
declines to entertain a point of no quorum before prayer is offered (VI, 
663). The presence of a quorum is ascertained, after the prayer, if a 
question be raised (IV, 2733; VI, 625); and after the raising of the 
question the reading of the Journal must await the ascertainment 
(IV, 2732, 2927; VI, 625, 629). A point of no quorum may be made 
at any time before reading is completed (VI, 624). The reading of the 
Journal may not be dispensed with except by unanimous consent 
(VI, 625) or a motion or other action to suspend the rules (IV, 2747- 
2750), and must be in full when demanded by any Member (IV, 2739- 
2741; VI, 627, 628; Feb. 22, 1950, p. 2152), but demand comes too 
late after Journal is approved (VI, 626). The Journal of the last 
day of a session is not read on the first day of the next session (IV, 
2742) . Business is not transacted before the reading (IV, 2751-2756; VI, 
629, 630, 637), but the simple motion to adjourn is admitted (IV, 2757) 



RULES Or THE HOUSE OF REPRESENTATIVES 
622.623. Rule I. 

and a Member may be sworn in (I, 172). The reading may not be 
interrupted, even by business so highly privileged as a conference 
report (V, 6443; Rule XXVIII); nor may a conference report be con- 
sidered before the Journal is read (VI, 630) ; but a parliamentary inquiry 
(VI, 624), a point of no quorum (VI, 624), or an arraignment of im- 
peachment may interrupt (VI, 469); and in cases of disorder the 
reading is suspended (II, 1630; IV, 2759). The Speaker's examination 
and approval of the Journal is preliminary to the reading, and does 
not preclude subsequent amendment and approval by the House 
itself (IV, 2734r-2738). A motion to amend takes precedence of a 
motion to approve (IV, 2760; VI, 633), but the motion is not admissible 
after previous question is demanded on motion to approve (IV, 2770; 
VI, 633; VIII, 2684). 

2. He shall preserve order and deco- 
. a , rum, and, in case of disturbance or dis- 

622. Speaker 

preserves order orderly conduct in the galleries, or in 

on floor and in ,1111 it ji 

the lobby, may cause the same to be 



lobby - cleared. 

This rule was adopted in 1789 and amended in 1794 (II, 1343). 

The Speaker may name a Member who is disorderly, but may not, of 
his own authority, censure or punish him (II, 1344, 1345; VI, 237). In 
cases of extreme disorder in Committee of the Whole the Speaker has 
taken the chair and restored order without a formal rising of the com- 
mittee (II, 1348, 1648-1653, 1657). In an early instance the Speaker 
ordered the arrest of a person in the gallery; but this exercise of power 
was questioned (II, 1605). 

3. He shall have general control, except as provided 
623. speakers by rule or law, of the Hall of the House, 
^tirridira, an d of the corridors and passages and 
and rooms. -fl^ di S p OSa i o f the unappropriated 

rooms in that part of the Capitol assigned to the 
use of the House ; until further order. 

This rule was adopted in 1811 and amended in 1824, 1885 (II, 1354), 
and Aprils, 1911 (VI, 261). 

Control of the appropriated rooms in the House portion of the Capitol 
is exercised by the House itself (V, 7273-7279), but repairs and altera- 
tions have been authorized by statute (V, 7280-7281; 59 Stat. 472). 

[304] 



RULES OF THE HOUSE OF KEPRESENTATTFES 
Rule I. 55 624-627. 

4. He shall sign all acts, addresses, joint resolu- 
624. speakers tions, writs, warrants, and subpenas of, 

SSSI^SU or ^ sued by order of > the House > ** d 
etc.; and decision decide all questions of order, subject to 

of questions of _ , i%/ri 1-1 

order subject to an appeal by any Member, on which 
appeal " appeal no Member shall speak more 

than once, unless by permission of the House. 

The portion of this rule relating to decisions on points of order was 
adopted in 1789 and amended in 1811; and the portion relating to the 
signing of acts, etc., was adopted in 1794 (II, 1313). 

Enrolled bills are signed first by the Speaker (I V, 3429) . He declines 
to sign in the absence of a quorum (IV, 3458), or 
pending a motion to reconsider (V, 5705); and the 
report of a committee as to the accuracy of the 
enrollment is first submitted, unless, as in rare instances only, the 
House by consent waives the requirement (IV, 3452). In cases of 
error the House has permitted the Speaker's signature to be vacated 
(IV, 3453, 3455-3457; VII, 1077-1080). 

Warrants, subpenas, etc., during recesses of Congress are signed only 
by authority specially given (III, 1753, 1763, 1806). 
The issuin & of warrants must be specially authorized 
^y ^ Q House (I, 287) . Instance wherein the House 
authorized the Speaker to issue warrant for the 
arrest of absentees (VI, 638). The Speaker also signs the articles, 
replications, etc., in impeachments (III, 2370, 2455); and certifies 
cases of contumacious witnesses for action by the courts (III, 1691, 
1769; VI, 385). 

The Speaker may require that a question of order be presented in 
.^ ^_ writing (V, 6865). He is not required to decide a 

627. Practice ,. ' ,. ,, , , /* ,, ,. 

governing the question not directly presented by the proceedings 

Speaker in (II, 1314), and it is not his duty to decide a hypo- 

deciding points thetical question (VI, 249, 253). Debate being for 

of order. h is intonation is within his discretion (V, 6919, 

6920; VIII, 3446-3448). He is constrained to give precedent its 
proper influence (II, 1317; VI, 248); and his decisions may be reex- 
amined and reversed (IV, 4637). Preserving the authority and 
binding force of parliamentary law is as much the duty of each Mem- 
ber of the House as it is the duty of the Chair (VII, 1479). The 

[305] 



RTJLES OF THE HOUSE OF REPRESENTATIVES 
628. Rale I. 

Speaker's decisions are recorded in the Journal (IV, 2840, 2841), but 
responses to parliamentary inquiries are not so recorded (IV, 2842). 
Questions arising during a division are decided, peremptorily (V, 5926), 
and when they arise out of any other question must be decided before 
tijat question (V, 6864). The Speaker may recognize and respond to a 
parliamentary inquiry although the previous question may have been 
demanded (Speaker pro tern. Snell, Mar, 27, 1926, p. 6469), In 
rare instances the Speaker declines to rule until he has taken time for 
examination of the question (III, 2725; VI, 432; VII, 2106; VIII, 
2174, 2396, 3475), and on occasion the Chair has reversed as erroneous 
decisions previously made (VI, 639; VII, 849; VIII, 2794, 3435). He 
rarely submits a question directly to the House for its decision (IV, 
3173, 3282, 4930; V, 5014, 5323, 6701; VI, 49; Speaker Longworth, 
Apr. 8, 1926, p. 7148), or of his own initiative raises and submits a 
question (II, 1277, 1315, 1316; VIII, 3405). Even as to questions 
of privilege he usually, in later practice, makes a preliminary decision 
instead of submitting the question directly to the House (III, 2648, 
2649, 2650, 2654, 2678). He does not decide on the legislative or 
legal effect of propositions (II, 1274, 1323, 1324; VI, 254; VII, 2112; 
VIII, 2280, 2.841), on the consistency of proposed action with other 
acts of the House (II, 1327^-1336> VII, 2112, 2136; VIII, 3237, 3458), 
whether Members have abused leave to print (V, 6998-7000; VIII, 
3475), on the constitutional powers, of the House (II, 1255, 1318-1320, 
1490; IV, 3507; VI, 250, 251; VIII, 2225, 3031, 3071, 3427; July 21, 
1947, pp. 9522, 9551; May 13, 1948, p, 5817), on the propriety or 
expediency of a proposed course of action (II, 1275, 1325, 1326, 1337; 
IV, 3091-3093, 3127), consider contingencies which may arise in the 
future (VII, 1409), or take cognizance of complaints relating to pairs 
(VIII, 3087). He passes on the validity of conference reports (V, 6409, 
6410, 6414-6416; VIII, 3256, 3264), but not on the sufficiency of the 
accompanying statements as distinguished from the form (V, 6511- 
6513), or on question of whether conference report violates instructions 
of the House (V, 6395; VIII, 3246). As to reports of committees, he 
does not decide as to their sufficiency (II, 1339; IV, 4653), or usually 
as to whether or not the committee has followed instructions (II, 1338; 
IV, 4404, 4689); or on matters arising in Committee of the Whole 
(V, 6927, 6928, 6932-6937) ; but he has decided as to the validity of the 
authorization of a report (IV, 4592, 4593). 

The right of appeal insures the House against the arbitrary control of 
*k e Speaker and can not be taken away from the 
House (V > 600 ^ >' but a PPe*ls may not be entertained 
from responses to parliamentary inquiries (V, 6955; 
VIII, 3457); when dilatory (V, 5715-.5722; VIII, 2832); from decisions 

[306] 



RULES OF IKE HOtTSE OP BEPRESENTATIVES 
BnleL 5629,630. 

on recognition (II, 1425-1428; VI, 292; VIII, 2429, 2646, 2762); from 
decisions on dilatoriness of motions (V, 5731) ; while another appeal is 
pending (V, 6939-6941) ; on a question on which an appeal has just 
been decided (IV, 3036; V, 6877) ; between the motion to adjourn and 
vote thereon (V, 5361) ; during a call of the yeas and nays (V, 6051) ; 
from the count by the chair of the number rising to demand tellers 
(VIII, 3105); from decision refusing recapitulation of a vote (VIII, 
3128) ; from a decision ruling words taken down out of order (V, 6944). 
The Speaker may vote to sustain his own decision (IV, 4569; V, 5686, 
6956, 6957). 

The appeal may be debated (VII, 1608; VIII, 2347, 2375, 3453-3455) 
unless the motion is made to lay on the table (V, 5301), or the previous 
question is ordered (V, 5448, 5449). An appeal from a decision relating 
to the priority of business (V, 6952), or irrelevancy of debate (V, 
5056-5063) is not debatable. In practice a Member favorable to the 
ruling usually moves to lay the appeal on the table, thus shutting off 
debate. A motion to postpone an appeal has been held in order (VIII, 
2613). Debate in the House is under the hour rule (V, 4978), but may 
be closed at any time by the adoption of a motion for the previous 
question (V, 6947) ; or to lay on the table (VIII, 3453). Debate on an 
appeal in the Committee of the Whole is under the five-minute rule 
(VII, 1608; VIII, 2347, 2556a, 3454, 3455), and may be closed by 
motion to close debate or to rise and report (V, 6947, 6950; VIII, 3453). 

5. He shall rise to put a question, but may state it 
629 putting of sitting; and shall put questions in this 
the question by f orm, to wit: "As many as are in favor 
the speaker. ^ ^ e q ues tion may be) , say Aye;" and 

after the affirmative voice is expressed, "As many as 
* *. v *. - are opposed, say No;" if he doubts, or a 

630. Voting viva . f-^ MI* i TT i -11 

voce, by division, division is called for, the House shall 
and by tenets. divide; those in the affirmative of the 
question shall first rise from their seats, and then 
those in the negative; if he still doubts, or a count is 
required by at least one-fifth of a quorum, he shall 
name one from each side of the question to tell the 

[307J 



RULES OP THE HOTJSE OP REPRESENTATIVES 
631,632. Rule I. 

Members in the affirmative and negative; which 
being reported, he shall rise and state the decision. 

This rule was adopted in 1789, -with revision and amendment in 1860 
and 1880 (II, 1311). 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 on (VI, 247). 

One of the suppositions on which parliamentary law is founded is 
that the Speaker will not betray his duty to make an honest count on 
a division (V, 6002) and the integrity of the Chair in counting a vote 
has never been questioned in the House (VIII, 3115). 

In a full House (total membership of 435), tellers are ordered by 44; 
in Committee of the Whole by 20 (V, 5986). The right to demand 
tellers is not precluded by the fact that the yeas and nays have been 
refused (V, 5998; VIII, 3103) or that a point of no quorum has been 
made against a division vote on the question on which tellers are 
requested (VIII, 3104). 

It is the duty of the Member to serve as teller when appointed by the 
Chair (V, 5987) ; but when Members of one side have 
declined > tae second teller has been appointed from 
of thevote, *^ e ^ er s ^ e (V, 5988) or the position has been left 

vacant (V, 5989). A Delegate may be appointed 
teller (II, 1302) . Where there is a doubt as to the count by tellers the 
Chair may order the vote taken again (V, 5991; July 19, 1946, p. 9466), 
but this must be done before he has announced the result (V, 5993-5995; 
VIII, 3098). The Chair may be counted without passing between the 
tellers (V, 5996, 5997; VIII, 3100, 3101). 

6. He shall not be required to vote in ordinary 
632. The speakers legislative proceedings, except where 
rote. Tie vote, j^ g yo ^. Q wou i ( j j^ decisive, or where 

the House is engaged in voting by ballot; and in 
cases of a tie vote the question shall be lost. 

This rule was adopted in 1789, with amendment in 1850 (V, 5964), 
and 1911. 

The Speaker's name is not on the roll from which the yeas and nays are 
called (V, 5970) and is not called unless on his request (V, 5965). It is 
then called at the end of the roll (V, 5965; VIII, 3075), the Clerk calling 
him by name. The Chair may vote to make a tie and so decide a ques- 

[308] 



RULES OP JPHifl HOUSE OP REPRESENTATIVES 

Rule L 5 633, 634. 

tion in the negative, as he may vote to break a tie and decide a question 
in the affirmative (VIII, 3100; August 14, 1957, p. 14783). The duty 
of giving a decisive vote may be exercised after the intervention of 
other business, or after the announcement of the result or on another 
day, if a correction of the roll shows a condition wherein his vote would 
be decisive (V, 5969, 6061-6063; VIII, 3075); and he also exercises the 
right to withdraw his vote in case a correction shows it to have been un- 
necessary (V, 5971). The Speakers have the same right as other Mem- 
bers to vote (V, 5966, 5967) but rarely exercise it (V, 5964, footnote). 
The Chair may be counted on a vote by tellers (V, 5996, 5997; VIII, 
3100, 3101). 

7. He shall havB the right to name any Member to 
633. speaker perform the duties of the Chair, but 
pro tempore. such substitution shall not extend be- 

yond three legislative days: Provided, however, That in 
case of his illness, he may make such appointment for 
a period not exceeding ten days, with the approval of 
the House at the time the same is made; and in his 
absence and omission to make such appointment, the 
House shall proceed to elect a Speaker pro tempore 
to act during his absence. 

This rule was adopted in 1811, and amended in 1876 (II, 1377) and 
in 1920 (VI, 263). 

The right of the House to elect a Speaker pro tempore in the absence 
634. Election, ^ *k e Speaker was exercised before the rule was 

oath, and designa- adopted (II, 1405), although the House sometimes 
tion of Speaker preferred to adjourn (I, 179). An elected Speaker 

pro tempore. p ro tempore hi the earlier practice was not sworn 

(I, 229; II, 1386); but the Senate and sometimes the President were 
notified of his election (II, 1386-1389, 1405-1412; VI, 275). He signed 
enrolled bills and appointed committees, functions not exercised by a 
Speaker pro tempore by designation (II, 1399, 1400, 1404; VI, 277), 
unless the designation had- been approved by the House, but in the later 
practice he is sworn as a prerequisite to signing enrolled bills (VI, 274). 



62581 H. Doc. 459, 86-2 21 [309] 



HOtTBE OF 



A call of the House may take place with a Speaker pro tempore in the 
chair (IV, 2989), and the Speaker pro tempore may issue his warrant 
for the arrest of absent members under a call of the House (VI, 688). 
When the Speaker is not present at the opening of a session, he des- 
ignates a Speaker pro tempore in writing (II, 1378, 1401), but he does 
not always name in open House the Member whom he calls to the chair 
temporarily during the day's sitting (II, 1379, 1400). A Speaker pro 
tempore sometimes designates another Speaker pro tempore (II, 1384; 
VI, 275). Members of the minority have been called to the chair on 
occasions of ceremony (II, 1383; VI, 270; Jan. 31, 1951, p. 779), but in 
rare instances on other occasions (II, 1382, 1390; III, 2596; VI, 264). 

RULE II. 

ELECTION OF OFFICERS. 

There shall be elected by a viva voce vote, at the 
635. Election or oommeacsment of each Congress, to 
offlcers - continue in office until their successors 

are chosen <and qualified, a Clerk, Sergeant-at-Arms, 
Doorkeeper, Postmaster, and Chaplain, -each -of whom 
636. oath ana '^3^31 take an oath to support the Con- 
duties or officers. stitution of the United States, and for 
the true and faithful discharge of the duties of his office 
to the best of his knowledge and ability, and to keep 
the secrets of the House:; and each shall appoint all of 
the employees of his department provided for by law. 

A rudimentary form of 'this rule was adopted in 1789, and was 
amended several times prior to 1880, when it assumed its present form 
(I, 187). The House having discarded a theory that the rules might be 
imposed by -one House on its successor (V, 6743-6745), it follows that 
this rule is not operative at the organization. The House, by order or 
usage, elects its Speaker viva voce on :a roll call .(I, 204, 208) ; but the 
officers mentioned in the rule are usually chosen by resolution, which is 
not a viva voce election (I, 193, 194). A majority vote is required for 
the election of officers of both Houses of Congress (VI, 23). The act 
of 1789 provides that the oath of office shall be administered to the 
Speaker by any Member and by the Speaker to the Clerk (I, 130). 

[310] 



RULES Off TETE HOUSE OF REPRESENTATIVES 
Rule III. 637. 

The Speaker also at the same time administers the oath to the other 
elective officers (I, 81), The Member of longest continuous service 
in the early practice administered the oath to the Speaker (I, 131). 
However, in the later practice the Speaker has selected the Member to 
administer the oath (VI, 6, 7) . The requirement that the officers be 
sworn to keep the secrets of the House is obsolete (I, 187). 

The House has declined to interfere with the Clerk's power of remov- 
ing his subordinates (I, 249). Employees under the Clerk and other 
officers are to be assigned only to the duties for which they are ap- 
pointed (V, 7232). The Sergeant at Arms having died, the Clerk was 
elected by the House to serve temporarily also as Sergeant-at-Arms 
without additional compensation (July 8, 1953, p. 8242). An amend- 
ment to the Legislative Reorganization Act of 1946 was enacted by 
the Eighty-third Congress (2 U. S. C. 75a-l) authorizing temporary 
appointments by the Speaker to fill vacancies in the offices of Clerk, 
Sergeant-at-Arms, Doorkeeper, Postmaster, or Chaplain. Lyle O. 
Snader, who was serving contemporaneously as Clerk and Sergeant- 
at-Arms, having resigned as Sergeant-at-Arms, the Speaker appointed 
a temporary Sergeant-at-Arms (January 6, 1954, p. 8). 

RULE III. 

DUTIES OF THE CLEKK. 

1. The Clerk shall, at the commencement of the 
first session of each Congress, call the 

637. Clerk's 

duties at Members to order, proceed to call the 

organization. ro ^ o jy^^^g -fay gtates in alpha- 

betical order, and, pending the election of a Speaker 
or Speaker pro tempore, preserve order and decorum, 
and decide all questions of order subject to appeal 
by any Member. 

This rule was framed in 1880, on a basis furnished by a rule of 1860 
(I, 64), and amended in 1911. 

As rules are not usually adopted until after the election of Speaker, 
this rule is not in force at the time of organization of a new House. 

The procedure at organization is, however, according to a practice 
conforming to the terms of the rule (I, 81). 

While the Speaker ceases to be an officer of the House with the 
expiration of a Congress, the Clerk, by old usage, continues in a new 
Congress (I, 187, 188, 235, 244). 

[311] 



BULBS OF THE HOUSE OF REPRESENTATIVES 
638-640. 

The roll of Members is made up by the Clerk from the credentials, 
in accordance with a provision of law (I, 14-62- 
638. The roil of y^ 2; 2 ^ g- a 2 6). A certificate of election 
Members-elect. ^ due form Caving been fii e( j, the Clerk placed the 
name of the Member-elect on the roll, although he was subsequently 
advised that a State Supreme Court .had issued a writ restraining the 
Secretary of State from issuing such certificate (Jan. 3, 1949, p. 8). 
The call of the roll may not be interrupted, especially by one not on 
that roll (I, 84), and a person not on the roll may not be recognized 
(I, 86). A motion to proceed to the election of Speaker is of higher 
privilege than a motion to correct the roll (I, 19-24) . The House has 
declined to permit enrollment by the Clerk to be final as to prima facie 
right (I, 376, 589, 592). 

The Clerk, in presiding before the election of Speaker, recognizes 
Members (I, 74). 

The Members-elect have, before the election of Speaker or adoption 
of rules, authorized the Clerk and Sergeant-at-Arms of the last House 
to preserve order (I, 101) ; but usually such action has not been taken, 
although an occasion might arise to make it necessary (I, 76, 77). 

In early years the authority of the Clerk to decide questions of order 

pending the election of a Speaker was questioned 

639. Clerk as (^ $5)^ ^d the Clerks often declined to make deci- 

presidlng officer siong ^ 68 _ ?2 . y^ 5325)j although in 1855 Occur 

a organization. excep tions to this theory (I, 91). But in 1860 the 

provisions of the present rule were adopted (I, 64), with a further rule 
that the rules of one House should apply in the organization of its 
successor (V, 6743-6747); and under this arrangement the Clerks 
have made rulings (I, 76, 77; VI, 623). In 1890 the theory that the 
rules of one House may be made binding on its successor was over- 
thrown (V, 6747). In a case of vacancy arising after the adoption of 
rules, this rule would be operative and conclude questions as to the 
Clerk's authority. The Clerk having died, and in the absence of the 
Sergeant at Arms, the Doorkeeper of the 79th Congress presided at 
organization of the 80th Congress (Jan. 3, 1947, p. 33). 

2. He shall make and cause to be printed and de- 
64o. cierk livered to each Member, or mailed to 

furnishes a list of his address, at the commencement of 

reports. 

every regular session of Congress, a list 
of the reports which it is the duty of any officer or 
Department to make to Congress, referring to the act 

[312] 



RTJUES OF THE HOUSE OP KEPRESENTATTVES 
Rulem. 641-644 

or resolution and page of the volume of the laws or 
Journal in which it may be contained, and placing 
under the name of each officer the list of reports re- 
quired of him to be made. 

This rule was adoped in 1822 (I, 252). 

3. He shall note all questions of order, with the 
64i. cierks decisions thereon, the record of which 

jo^i^d s k*U be printed as an appendix to the 

documents. Journal of each session; and complete, 

as soon after the close of the session as possible, the 
printing and distribution to Members and Delegates 
of the Journal of the House, together with an ac- 
curate and complete index; retain in the library at 
his office, for the use of the Members and officers of 
the House, and not to be withdrawn therefrom, two 
copies of all the books and printed documents de- 
posited there; send, at the end of each session, a 
printed copy of the Journal thereof to the executive 
and to each branch of the legislature of every State 
and Territory; preserve for and deliver or mail to 
each Member and Delegate an extra copy, in good 
binding, of all documents printed by order of either 
House of the Congress to which he belonged; attest 
and affix the seal of the House to all writs, warrants, 
642 Attests and an( ^ subpenas issued by order of the 
seals warrants, House, certify to the passage of all 
subpenas, etc. ^^ ^^ . ^ resolutions, make or 

643. Certifies pas- , , , 

sage of bins. approve all contracts, bargains, or 

644. Makes agreements relative to furnishing any 

contracts. matter or thing, or for the perform- 

ance of any labor for the House of Representatives, 

[313] 



RULES OF THE HOUSE OF REJPKESENTATIVES 
645-647. 

in pursuance of law or order of the House, keep full 
645. Keeps con- and accurate accounts of the disburse- 
tin*entand ments out of the contingent fund of 

accounts. the House, keep the stationery account 

646. pays office^ of Members and Delegates, and pay 
and employees. ^em as provided by law. He shall 
pay to the officers and employees of the House of 
Representatives the amount of their salaries that 
shall be due them. 

4. He shall, in case of temporary absence or dis- 
..*,/w..i, * ability, designate an official in his 

647. Official to act " 11 

as cierk upon office to sign all papers that may re- 



quire the official signature of the Glerk 
of the House, and to do all other acts, except such 
as are provided for by statute, that may be required 
under the rules and practice of the House to be done 
by the Clerk. Such official acts, when so done by 
the designated official, shall be under the name of 
the Clerk of the House* The said designation shall 
be in writing, and shall be laid before the House 
and entered on the Journal. 

In 1880 several rules, adopted at different periods from 1794 to 1846, 
were consolidated into this rule; which was amended in 1892 (I, 251) 
and January 3, 1953, p. 16. Section 4 was adopted January 18, 1912 
(VI, 25) and was amended January 3, 1953, p. 16. 

Various other administrative duties, similar to those specified in this 
rule, are imposed on the Clerk by law (I, 253; Legislative Reorganiza- 
tion Act of 1946, 60 Stat. 812) ; and the law also makes it his duty to 
furnish stationery, blank books, etc., to the committees and officers 
of the House (V, 7322); to exercise discretionary authority as to 
reprinting of bills and documents (V, 7319) ; and to receive and print 
the testimony taken in election contests (I, 703, 705). Form of 

[314] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Bute IV. 648,619. 

designation of a Clerk protempore (VI, 26). Instance of Clerk serving 
temporarily ako as Sergeant-at-Arms (July 8, 1953, p. 8242). 

RULE IV. 

DUTIES OF THE SERGEANT-AT-ARMS . 

1. It shall be the duty of the Sergeant-at-Arms to 
648. sergeant- attend the House during its sittings, to 
Arms enforces maintain order under the direction of 
authority House. the gpeaker or chairman, and, pending 

the election of a Speaker or Speaker pro tempore, 
under the direction of the Clerk, execute the com- 
mands of the House, and all processes issued by 
6* Disburses authority thereof, directed to him by 
pay ad mileage the Speaker; keep the accounts for the 
of Members. ^^ ^^ mileage of Members and Dele- 

gates, and pay them as provided by law. 

This rule was adopted in 1789, with additions and amendments in 
1838, 1877, 1890 (I, 257), and April 5, 1911 (VI, 29). 

At the organization of the House in a new Congress the election of 
Speaker occurs before the adoption of rules. Therefore this rule is 
not in force at that time, and in case of necessity a special rule may be 
adopted conferring the authority, as was done in 1849 and 1859 
(I, 101, 102). 

Duties are imposed on the Sergeant-at-Arms by law (I, 258) : Con- 
trol of Capitol police; and the making up of the roll of Members-elect 
in case of vacancy in the office of Clerk, or the absence or disability 
of that officer. The death of the Sergeant-at-Arms being announced, 
the House passed appropriate resolutions and adjourned as a mark of 
respect (VI, 32; July 8, 1953, p. 8263). The Clerk having died, and 
in the absence of the Sergeant-at-Arms, the Doorkeeper of the 79th 
Congress presided at organization of the 80th Congress (Jan. 3, 1947, 
p, 33). In the 83d Congress the Sergeant-at-Arms having died, the 
Clerk was elected to serve temporarily both as Clerk and Sergeant-at- 
Arms (July 8, 1953, p. 8242) , and upon resignation by the Clerk from 
his additional position of Sergeant-at-Arms, the Speaker, pursuant to 
2 U. S. C. 75a-l, appointed a temporary Sergeant-at-Arms (January 
6, 1954, p. 8), Instance where the Senate by resolution removed its 
Sergeant-at-Arms (VI, 37). 

B15JI 



RULES OF THE HOUSE OP EEPEESENTATTVES 
650-652. RuleV. 

650. The mace 2. The symbol of his office shall be 

the symbol of .^ mace which shall be borne by him 

the Sergeant-at- v 7 in 

Arms' office while enforcing order on the floor. 

This rule was adopted in 1789 (II, 1346). An attempt to enforce 
order without the mace gave rise to a question of privilege (II, 1347). 
Extreme disorder arising on the floor, the Speaker directed the Sergeant- 
at- Arms to enforce order with the mace (VI, 258; VIII, 2530). 

RULE V. 

DUTIES OF THE DOORKEEPER. 

1. The Doorkeeper shall enforce strictly the rules 

relating to the privileges of the Hall and 

duties of the be responsible to the House for the offi- 



con( j uc t o f j^ employees. 

This rule was adopted in 1838, and amended in 1880 (I, 260). 

The law also requires of the Doorkeeper certain administrative duties 
(I, 262) : Care of the apartments occupied by the House; custody of 
furniture, books, etc.; charge of the documents in the folding and docu- 
ment rooms; supervision of janitor service; and the making of the roll 
of Members-elect in case the Clerk and Sergeant-at-Arms are unable to 
perform the duty. The Clerk having died, and in the absence of the 
Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at 
the organization of the 80th Congress (Jan. 3, 1947, p. 33) . 

When a message is received by the House, the Doorkeeper introduces 
the bearer thereof (V, 6591). The House adopted a resolution on 
the death of the Doorkeeper and appointed a committee to attend 
his funeral (Jan. 28, 1943, p. 421, 422). 

2. At the commencement and close of each session 
652.r>ookeeper of Congress he shall take an inventory 
fS^^^. of all the furniture, books, and other 
etc - public property in the several com- 

mittee and other rooms under his charge, and report 



[316] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule VI. 653, $54. 

the same to the House, which report shall be referred 
to the Committee on House Administration to 
ascertain and determine the amount for which he 
shall be held liable for missing articles. 

This rule was adopted in 1865, and amended in 1880 (I, 261), and 
Jan. 3,1947, by the Legislative Reorganization Act of 1946 (60 stat. 812). 

3. He shall allow no person to enter the room over 
653. The DOOT- the Hall of the House during its sit- 
^ft^t^ized tings; and fifteen minutes before the 
persons. hour of the meeting of the House each 

day he shall see that the floor is cleared of all persons 
except those privileged to remain, and kept so until 
ten minutes after adjournment. 

This rule was adopted in 1869, with amendments hi 1880 and 1890 
(V, 7295). 

RULE VI. 

DUTIES OF THE POSTMASTER. 

The Postmaster shall superintend the post-office 
kept in the Capitol and House Office 

664. The Post- \ . f . 

master superintends Building for the accommodation of 
the House post-office. j^ e p regen ^ a ^ ves ^ Delegates, and officers 

of the House, and be held responsible for the prompt 
and safe delivery of their mail. 

This rule was adopted in 1838, with amendment in 1880 (I, 270), 
and 1911 (VI, 34). The law requires the Postmaster to account at the 
first of each regular session for the government property in his posses- 
sion (I, 271). Form of resolution adopted by the House on the death 
of its Postmaster (Dec. 31, 1948, p. 10269). 



[317] 



RttLES ME ECOtJSE O 
$655-657. Rules Vn,Vffi. 

RULE VII. 

DUTIES OF THE CHAPLAIN. 

The Chaplain shall attend at the commencement 
656.0esofthe of each day's sitting of the House and 
chaplain. O p en fa e sax&e with prayer, 



This rule was adopted in 1880 (I, 2-72), but the sessions of the House 
were opened with prayer from the first, and the Chaplain was an officer 
of the House before the adoption of the rule (I, 273-282). The Chap- 
lain takes the oath prescribed for the officers of the House (VI, 31; 
Feb. 1, 1950, p. 1311) . Prayer by the Chaplain is not business requiring 
the presence of a quorum and the Speaker declines to entertain a point 
of no quorum before prayer is offered (VI, 663) . Form of resignation 
of the Chaplain (Feb. 28, 1921, p. 4075; Jan. 30, 1950, p. 1097). The 
election of a Chaplain emeritus (VI, 31; Jan. 30, 1950, p. 1095). 

RULE VIII. 

OF THE MEMBERS. 

1. Every Member shall be present within the Hall 
of the House during its sittings, unless 
excused or necessarily prevented; and 
present and vote. $]&&[[ vote on each question put, unless 
Lta^? 1 * ** 1 h 6 h as a direct personal or pecuniary 
interest in the event of such question. 

This rule was adopted in 1789, with amendment in 1890 (V, 5941). 

Leaves of absence are presented pending the motion to adjourn (IV, 
3151), and are usually granted by general consent, but sometimes are 
opposed or even refused (II, 1142-1145). Application for leave of 
absence is properly presented by filing with the clerk the printed form 
to be secured at the desk rather than by oral request from the floor 
(VI, 199). Whether or not they are privileged is a matter of doubt 
(II, 1146, 1147). Excuses for absence, as distinguished from leaves of 
absence, may be granted by less than a quorum (IV, 3000-3002). 
The statutes provide that deductions may be made from the salaries 
of Members who are absent without sufficient excuse (II, 1149, 1150); 

[318] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule Vm. 658-660. 

and this law has actually been enforced (IV, 3011, footnote; VI, 30, 
198). Form of resolution for the arrest of Members absent without 
leave (VI, 686). 

It has been found impracticable to enforce the provision requiring 

every Member to vote (V, 5942-5948); and the 

ess. Member's weight of authority also favors the idea that there is 

control oi nis own 

vot e. no authority in the House to deprive a Member of 

the right to vote (V, 5937, 5952, 5959, 5966, 5967; 
VIII, 3072). In one or two instances the Speaker has decided that, 
because of personal interest, a Member should not vote (V, 5955, 5958) ; 
but usually the Speaker has held that the Member himself should 
determine this question (V, 5950, 5951; VIII, 3071), and one Speaker 
denied his ow n power to deprive a Member of the constitutional right to 
vote (V, 5956). Members may not vote in the House by proxy (VII, 
1014). Instance where a Member submitted his resignation from a 
committee on grounds of disqualifying personal interest (VIII, 3074) . 
The House has frequently excused Members from voting in cases of 
personal interest (III, 2294; V, 5962; Aug. 2, 1949, p. 10591, 10592; 
Oct. 20, 1951, p. 13746; July 21, 1954, p. 11262; July 28, 1955, p. 11930; 
July 12, 1956, p. 12566). 

It is a principle of "immemorial observance" that a Member should 
withdraw when a question concerning himself arises 

f V > 694 ); but !t has been held that the disqualify- 
personal hvterest. in interest must be such as affects the Member 

directly (V, 5954, 5955, 5963), and not as one of a 
class (V, 5952; VIII, 3071, 3072). In a case where questions affected 
the titles of several Members to their seats, each refrained from voting 
in his own case, but did vote on the identical cases of his associates 
(V, 5957, 5958) . And while a Member should not vote on the direct 
questions affecting himself, he has sometimes voted on incidental 
questions (V, 5960, 5961). 

2. Pairs shall be announced by the Clerk, after the 
completion of the second roll call, from 
660. pairs. ^ written list furnished him, and signed 
by the Member making the statement to the Clerk, 
which list shall be published in the Record as a part 
of the proceedings, immediately following the names 
of those not voting: Provided, pairs shall be announced 
but once during the same legislative day, 

[319] 



RULES OF THE HOUSE OF REPRESEKTATIVES 
661, 662. RuIelX. 

This rule was adopted in 1880, although the practice of pairing had 
then existed in the House for many years (V, 5981). 

Pairs may not be announced at a time other than that prescribed by 
the rule (V, 6046) or in Committee of the Whole (V, 5984). The 
House does not consider questions arising out of the breaking of a pair 
(V, 5982, 5983, 6095; VIII, 3082, 3085, 3087-3089, 3093), or permit a 
Member to vote after the call on the plea that he had refrained because 
of misunderstanding as to a pair (V, 6080, 6081). Discussion of the 
origin of the practice of pairing in the House and Senate (VIII, 3076). 
On questions requiring a two-thirds majority Members are paired two 
in the affirmative against one in the negative (VIII, 3088). (For 
Speaker Clark's interpretation of the rule and practice of the House 
of Representatives as to pairs see VIII, 3089.) 

RULE IX, 

QUESTIONS OF PRIVILEGE. 

Questions of privilege shall be, first, those affecting 
seel. Definition the rights of the House collectively, its 
safety, dignity, and the integrity of its 
proceedings; second, the rights, reputa- 
tion, and conduct of Members, individually, in their 
representative capacity only; and shall have preced- 
ence of all other questions, except motions to adjourn. 

This rule was adopted in 1880 (III, 2521). It merely put in form of 
definition what had been long established in the practice of the House 
but what the House had hitherto been unwilling to define (II, 1603). 

The privilege of the House, as distinguished from that of the indi- 
662. Privilege of vidual Member, includes questions relating to its 
the House. constitutional prerogatives, in respect to revenue 

legislation and appropriations (II, 1480-1501; VI, 315); including rev- 
enue, and other treaties (II, 1502-1537) ; its power to punish for con- 
tempt, whether of its own Members (II, 1641-1665), of witnesses who 
are summoned to give information (II, 1608, 1612; III, 1666-1724), 
or of other persons (II, 1597-1640) ; questions relating to its organiza- 
tion (I, 22-24, 189, 212, 290), and the title of its Members to their 
seats (III, 2579-2587), including various questions incidental thereto 

[320] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule IX. 663. 

(I, 322, 328, 673, 742; II, 1207; III, 2588; VIII, 2316), the conduct of 
officers and employees (I, 284, 285; III, 2628, 2645-2647; VI, 35); 
comfort and convenience of Members and employees (III, 2629-2636) ; 
admission to the floor of the House (III, 2624-2626); the accuracy 
and propriety of reports in the Congressional Record (V, 7005-7023; 
VIII, 3163, 3461, 3463, 3464, 3491, 3499; April 20, 1936, p. 5704; 
May 11, 1936, p. 7019); the conduct of representatives of the 
press (II, 1630, 1631; III, 2627; VI, 553), newspaper charges affecting 
the honor and dignity of the House (VII, 911); the protection of 
papers in its files, especially when demanded by the courts (III, 
2604, 2660-2664; VI, 587; 291); the integrity of its Journal (II, 
1363; III, 2620) ; the protection of its records (III, 2659) ; the accuracy 
of its documents (V, 7329) and messages (III, 2613) ; and the integrity 
of the processes by which bills are considered (III, 2597-2601, 2614; 
IV, 3383, 3388, 3478). 

The privilege of the Member rests primarily on the Constitution, 
663 Privilege of wn * cn gives to him a conditional immunity from 
the Member. arrest ( 89) ; and an unconditional freedom of debate 

in the House (III, 2670; 91). A menace to the 
personal safety of Members from an insecure ceiling in the Hall was 
held to involve a question of the highest privilege (III, 2685) ; and an 
assault on a Member within the Capitol when the House was not in 
session, from a cause not connected with the Member's representative 
capacity, was also held to involve a question of privilege (II, 1624). 
But there has been doubt as to the right of the House to interfere for 
the protection of Members who, outside the Hall, get into difficulties 
not connected with their official duties (II, 1277; III, 2678; footnote). 
Charges against the conduct of a Member are held to involve privilege 
when they relate to his representative capacity (III, 1828-1830, 2716; 
VI, 604, 612; VIII, 2479) ; but when they relate to conduct at a tune 
before he became a Member they have not been entertained as of 
privilege (II, 1287; III, 2691, 2723, 2725). A distinction has been 
drawn between charges made by one Member against another in a 
newspaper and the same when made on the floor (III, 1827, 2691, 
2717). Charges made in newspapers against Members in their repre- 
sentative capacities involve privilege (III, 1832, 2694, 2696-2699, 2703, 
2704; VI, 576, 621; VIII, 2479), even though the names of individual 
Members be not given (III, 1831, 2705, 2709; VI, 616, 617). But 
vague charges in newspaper articles (III, 2711; VI, 570), criticisms (III, 
2712-2714; VIII, 2465), or even misrepresentations of the Member's 
speeches or acts (III, 2707, 2708), have not been entertained. 

[321] 



OF tHE HOUSE OF 

RuleEfc 

The clause of the rule giving questions of privilege precedence of 
564. General prin- *& o^ 61 * questions except a motion to adjourn is a 
opiesastopreced- recognition of a principle always well understood 
ence of questions of in the House, for it is an axiom of the parliamentary 
privilege. i aw jfoofc gtich a question "supersedes the considera- 

tion of the original question, arid must be first disposed of" (III, 2522, 
2523; VI, 595) . As the biisihess of the House began to increase it was 
found necessary to give certain important matters a precedence by 
rule, and such matters are called "privileged questions." But as thery- 
relate merely to the order of business under the rules, they are to be" 
distinguished from "questions of privilege" which relate to the safety 
or efficiency of the House itself as an organ for action (III, 2718). 
It is evident, therefore, that a question of privilege takes precedence 
over a matter merely privileged under the rules (III, 2526-^2530; Vj 
6454; VIII, 3465). Formerly certain matters of business, arising 
under provisions of the Constitution mandatory in nature, were held 
to have a privilege which superseded the rules establishing the order of 
business, as bills providing for census or apportionment (I, 305-308) > 
bills returned with the objections of the President (IV, 3530-3536), 
propositions of impeachment (III, 2045-2048, 2051, 2398), and 
questions incidental thereto (III, 5401, 2418; V, 7261), matters relating 
to the count of the electoral vote (III, 2573-2578) , resolutions relating 
to adjournment and recess of Congress (V, 6698, 6701-6706), and a 
resolution declaring the office of Speaker vacant (VI, 35) ; but undei 1 
later decisions bills relating to census and apportionment have been 
held not to present questions of privilege, and the effect of such de- 
cisions is to require all questions of privilege to come within the specific 
provisions of this rule (VI, 48; VII, 889; Ap^ 8, 1926, p. 7147). Th 
ordinary rights and functions of the House under the Constitution are 
exercised in accordance with the rules without precedence as matters 
of privilege (III, 2567). A motion to amend the Rules of the House 
does not present a question of privilege (Speaker Cannon sustained by 
the House by a vote of 235 to 53, thereby overruling the decision of 
March 19, 1910 (VIII, 3376), which held such motion privileged 
(VIII, 3377). A legislative proposition presented as a question of 
constitutional privilege under the provisions of the Fourteenth Amend- 
ment was held not to involve a question of privilege (VI, 48). 



RUUES OF THE HOUSE OF REPRESENTATIVES 
Bute IX. 665-667. 

A question of privilege may interrupt the reading of the Journal (II, 
665. Precedence of 1630 >" VI > 637 )> the consideration of a bill under 
questions of privilege a special order (III, 2524, 2525), a rule providing 
as related to pending for a vote "without intervening motion" (VI, 560), 
business. ft proposition to suspend the rules (III, 2553; 

VI, 553, 565), the consideration of a matter on which the previous 
question has been ordered (III, 2532; VI, 561; VIII, 2688), business in 
order on Calendar Wednesday (VI, 394; VII, 908-910), reports from the 
Rules Committee (VIII, 3491), call of the Consent Calendar on Mon- 
day (VI, 553), or motions to resolve into Committee of the Whole (VI, 
554; VIII, 3461). While a question of privilege is pending a message 
of the President is received (V, 6640-6642), but is read only by unani- 
mous consent (V, 6639). A motion to reconsider may also be entered 
but may not be considered (V, 5673-5676). It has been held that only 
one question of privilege may be pending at a time (III, 2533), but 
having presented one question of privilege, a Member, before discussing 
it, may submit a second question of privilege related to the first and 
discuss both on one recognition (VI, 562). In general one question of 
privilege may not take precedence over another (III, 2534, 2552, 2581). 

When a Member proposes merely to address the House on a question 
of personal privilege, and does not bring up a matter 
666. Precedence of aff^fog the dignitv or integrity of the House as 
questions of personal . ? ",, ,. " , , 

privilege. an or S ai1 for action, the practice as to precedence is 

somewhat different. Thus, a Member rising to a 
question of personal privilege may not interrupt a call of the yeas and 
nays (V, 6051, 6Q52, 6058, 6059; VI, 554, 564), or take from the floor 
another Member who has been recognized for debate (V, 5002; VIII, 
2459, 2528), but he may interrupt the ordinary legislative business 
(HI, 2531}. A Member may address the House on a question of per- 
sonal privilege even after the previous question has been ordered on a 
pending bill (VI, 561; VIII, 2688). Debate on a question of privilege 
is under the hour rule (V, 4990; VIII, 2448), but the previous question 
may be moved (II, 1256; V, 5459, 5460; VIII, 2672). 

During a call of the House in the absence of a quorum only such 
questions of privilege may be presented as relate to 
t]tle immedi&te proceedings (III, 2545). A question 
absence of a quorum. * Privilege may be raised in Committee of the Whole 
as to a matter occurring in that committee (III, 
2540-2544), yet a breach of privilege occurring in Committee of the 
Whole relates to the dignity of the House and is so treated (II, 1657). 



[323] 



RULES OF THE HOUSE OF REPRESENTATIVES 
668-670. Rule X. 

A proposition of privilege may lose its precedence by association with 
a matter not of privilege (III, 2551; V, 5890; VI, 395). 

Whenever it is asserted on the floor that the privileges of the House 

are invaded, the Speaker entertains the question 

668. Raising ques- ^ 15 Qi) j and common fame has been held suffi- 

tions of privilege. ^^ ^^ for raiging & question (HI, 2538, 2701); 

a telegraphic dispatch may also furnish a basis (III, 2539). But a 
Member may not, as a matter of right, require the reading of a book 
or paper on suggesting that it contains matter infringing on the privi- 
leges of the House (V, 5258). In presenting a question of personal 
privilege the Member is not required in the first instance to offer a 
motion or resolution, but he must take this preliminary step in raising a 
question of general privileges (III, 2546, 2547; VI, 565-569; VIII, 3464). 

RULE X. 

STANDING COMMITTEES. 

1. There shall be elected by the 
669. Election of House, at the commencement of each 
LLitLs. Congress, the following standing com- 

mittees: 

Under the Legislative Reorganization Act of 1946 (60 Stat. 812), 
the 44 committees of the 79th Congress were consolidated into 19, 
effective January 2, 1947. The Committee on Science and Astro- 
nautics was established July 21, 1958, p. 14513, raising the total to 20 
standing committees. The old rule intrusting the appointment of 
committees to the Speaker was adopted in 1789 and amended in 1790 
and in 1860 (IV, 4448-4476). Committees are now elected on motion 
or resolution from the floor (VIII, 2171) and it is in order to move the 
previous question on such motion or resolution (VIII, 2174). The 
motion is not divisible (Rule XVI, cl. 6) and is privileged (VIII, 
2179,2182). 

(a) Committee on Agriculture, to 
consist of twenty-seven Members. 

O 3 ) Committee on Appropriations, 
to consist of forty-three Members. 
(c) Committee on Armed Services, to consist of 
thirty-three Members. 

[324] 



RtGLES OP THE HOUSE OF REPRESENTATIVES 
Rule X. $70. 

(d) Committee on Banking and Currency, to con- 
sist of twenty-seven Members. 

(e) Committee on the District of Columbia, to 
consist of twenty-five Members. 

(f) Committee on Education and Labor, to con- 
sist of twenty-five Members. 

(g) Committee on Foreign Affairs, to consist of 
twenty-five Members. 

(h) Committee on Government Operations, to 
consist of twenty-five Members. 

(i) Committee on House Administration, to con- 
sist of twenty-five Members. 

(j) Committee on Interior and Insular Affairs, to 
consist of twenty-five Members. 

(k) Committee on Interstate and Foreign Com- 
merce, to consist of twenty-seven Members. 

(1) Committee on the Judiciary, to consist of 
twenty-seven Members. 

(m) Committee on Merchant Marine and Fish- 
eries, to consist of twenty-five Members. 

(n) Committee on Post Office and Civil Service, 
to consist of twenty-five Members. 

(o) Committee on Public Works, to consist of 
twenty-seven Members. 

(p) Committee on Rules, to consist of twelve 
Members. 

(q) Committee on Science and Astronautics, to 
consist of twenty-five Members. 



625S1 H. Doc. 459, 86-2 -22 [325] 



RTKLE& OF THE HOUSE OF REPRESENTATIVES 
671, 672. 

(r) Committee on Un-American Activities, to 
consist of nine Members. 

(s) Committee on Veterans' Affairs, to consist of 
twenty-seven Members. 

(t) Committee on Ways and Means, to consist of 
twenty-five Members. 

2, The Speaker shall appoint all select and con- 
67i. speaker ap- ference committees which shall be 
ordered by the House from time to time. 



This portion of the rule relating to select committees was adopted in 
1880, and the provision relating to conference comi-nitt^es in 1890, 
although the practice of leaving the appointment of conference com- 
mittees to the Speaker had existed from the earliest years of the House's 
history (IV, 447% VIII, 2193). . 

Prior to 1880 the House might talse frow the Speaker the appoint- 
ment of a select committee (IV, 4448, 4470; VIII, 2192) and on several 
occasions did so in fact (IV, 4471-4476). 

In the earlier usage of the House the Member moving a select com-* 
mittee was appointed its chairman (II, 1275; III, 2342; IV, 4514r- 
4516) ; but except for matters of ceremony, the inconvenience and even 
impropriety of the usage has caused it often, to be disreg^rciedt in modern 
practice (IV, 4517-4523, 4671), 

It is within the discretion of the Chair as to whom he appoints as 
conferees (July 8, 1947, p. 8469), and: a motion to instruct the Speaker 
as to the number and, composition of a conference committee on the 
part of the House is not in order (VIII, 2193, 3221). 

3. At the commencement of each Congress, the 
672 selection or House shall elect as chairman of each 
chaan of standing committee one of the M embers 

thereof; in the temporary absence of 
the chairman the Member next in rank in the order 
named in the election of the committee, and so on, as 
often as the case shall happen, shall act as chairman; 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule X. 673, 674. 

and in case of a permanent vacancy in the chairman- 
ship of any such committee the House shall elect 
another chairman. 

The above provision was adopted April 5, 1911 (VIII, 2201), and 
continued in the Legislative Reorganization Act of 1946 (60 Stat. 812). 

4. All vacancies in standing committees in the 
673. committee House shall be filled by election by the 



vacancies. 



House. 



This clause, in its present form, was first adopted in the 62d Con- 
gress (VIII, 2178). At the beginning of the 80th 
Congress it was amended to prevent a Member from 
serving on more than one standing committee, except that Members 
elected to serve on the Committees on District of Columbia or Un- 
American Activities could be elected to serve. on not more than two 
standing committees , and that Members of the majority party, serv- 
ing on the Committee on Expenditures in the Executive Departments 
(changed to Committee on Government Operations July 3, 1952, p. 
9217) or House Administration could be elected to serve on two stand- 
ing committees and no more. This limitation was continued through 
the 80th, 81st, and part of the 82d Congresses until July 3, 1952, 
p. 9217, when it was modified so that Members elected to serve on the 
Committees on the District of Columbia, Government Operations, 
Un-American Activities or House Administration could be elected to 
serve on two standing committees and no more. It was restored to 
its current form by amendment of January 13, 1953, p. 368-9, so 
that now there is no limitation on the number of committees to which 
a Member may be elected. 

Form of resolution electing a Member to a committee and fixing 
his rank thereon (Jan. 23, 1947, p. 536). The House by unanimous 
consent fixed the relative rank of two Members on a committee where 
an error had been made on the original appointment (Jan. 20, 1947, 
p. 481). 



[327] 



RTJUBS OF THE HOUSE OF REPRESENTATIVES 
675,676. Rule 30. 

XI. 



POWERS AND DUTIES OF COMMITTEES. 

All proposed legislation, messages, petitions, me- 
675. jurisdiction morials, and other matters relating to 
of committees. ^ su bject listed under the standing 
committees named below shall be referred to such 
committees, respectively: 

This provision was made effective Jan. 2, 1947, as a part of the 
Legislative Reorganization Act of 1946 (60 Stat. 
67ft 812). The rule is mandatory on the Speaker in 

referring public bills and on Members in referring private bills and 
petitions under Rule XXII, but when the House itself refers a bill it 
may send it to any committee without regard to the rules of jurisdic- 
tion (IV, 4375; V, 5527; VII, 2131) and jurisdiction is thereby con- 
ferred (IV, 4362-4364; VII, 2105). Motions for change of reference 
of public bills must be authorized by the committee claiming jurisdic- 
tion ( 854; VII, 2121; February 13, 1918, p. 2070; Jan. 10, 1941, p. 
100), must be made immediately following the reading of the Journal 
(VII, 1809, 2119, 2120), must apply to a single bill and not to a class of 
bills (VII, 2125), must apply to a bill erroneously referred (VII, 2125), 
may be amended (VII, 2127), may not be divided (VII, 2125), and 
may not be debated (VII, 2126, 2128), but are not in order on Cal- 
endar Wednesday (VII, 2117), and are not privileged if the original 
reference was not erroneous (VII, 2125). A bill may not be divided 
among two or more committees, although it may contain matters 
properly within the jurisdiction of several committees (IV, 4372) . A 
bill may be originated by a committee having jurisdiction of a subject by 
means of a petition (IV, 3365) properly referred (IV, 4361). It has gen- 
erally been held that a committee may not report a bill whereof the 
subject matter has not been referred to it by the House (IV, 4355-4360, 
4372; VII, 1029, 2101, 2102). Where a House bill is returned from the 
Senate with a substitute amendment relating to a new and different 
subject, the reference should nevertheless be to the committee having 
jurisdiction of the original bill (IV, 4373, 4374). The erroneous 
reference of a public bill under this rule, if it remain uncorrected, gives 
jurisdiction (IV, 4365-4371; VII, 2108), but such is not the case with 



[328] 



RtTUES OF THE HOUSE OF REPRESENTATIVES 
RnleXI. 677 . 

a private bill or petition (IV, 3364, 4382-4389) unless the reference be 
made by action of the House itself (IV, 4390, 4391; VII, 2131). A 
point of order as to the reference of a private bill is good when the bill 
comes up for consideration, either in the House or in Committee of the 
Whole (IV, 4382-4389; VII, 2116, 2132; VIII, 2262) or at any time 
prior to passage (VII, 2116). The reference of a bill to a committee 
involving the same subject matter as a bill previously reported confers 
jurisdiction anew upon the committee to consider and report the bill 
subsequently introduced (VIII, 2311). 

Rule XXII, cl. 2, prohibits the reception or consideration of certain 
private bills relating to claims, pensions, construction of bridges, correc- 
tion of military or naval records, etc. 

1. Committee on Agriculture. 

(a) Adulteration of seeds, insect pests, and pro- 

tection of birds and animals in forest 

677. Agriculture. 

reserves. 

(b) Agriculture generally. 

(c) Agricultural and industrial chemistry. 

(d) Agricultural colleges and experiment stations. 

(e) Agricultural economics and research, 

(f) Agricultural education extension services. 

(g) Agricultural production and marketing and 
stabilization of prices of agricultural products. 

(h) Animal industry and diseases of animals, 
(i) Crop insurance and soil conservation, 
(j) Dairy industry. 

(k) Entomology and plant quarantine. 
(1) Extension of farm credit and farm security, 
(m) Forestry in general, and forest reserves other 
than those created from the public domain, 
(n) Human nutrition and home economics. 

[329] 



RTOES OF THE HOUSE OF REPRESENTATIVES 
678. 

(o) Inspection of livestock and meat products. 
(p) Plant industry, soils, and agricultural engi- 
neering. 

(q) Rural electrification. 

This committee was established in 1820 (IV, 4149) . The jurisdiction 
as defined in the rule was made effective January 2, 
678. History- 1343 , as & part of the Legislative Reorganization 

Act of 1946 (60 Stat. 812). In 1880 the subject of forestry was added 
to its jurisdiction, and at the same time the authority to receive the esti- 
mates and report appropriations was conferred (IV, 4149), but on July 1, 
1920, authority to report appropriations for the Department of Agricul- 
ture was transferred to the Committee on Appropriations (VII, I860). 

It has had jurisdiction of bills for establishing and regulating the 
Department of Agriculture (IV, 4150), for inspection of livestock and 
meat products, regulation of animal industry, cU sease s of animals 
(IV, 4154; VII, 1862), adulteration of seeds, insect pests, protection 
of birds and animals in forest reserves (IV, 4157; VII, 1870), the im- 
provement of the breed of horses, even with the cavalry service in 
view (IV, 4158; VII, 1865). 

The committee, having in charge the general subject of forestry, has 
reported bills relating to timber, and forest reserves other than those 
created from the public domain (IV, 4160). 

It has also exercised jurisdiction of bills relating to agricultural 
colleges and experiment stations (IV, 4152), incorporation of agricul- 
tural societies (IV, 4159), establishment of a highway commission 
(IV, 4153), and to discourage fictitious and gambling transactions in 
farm products (IV, 4161; VII, 1861). 

The committee has, by direct action of the House, secured jurisdic- 
tion of bills imposing an internal-revenue tax on oleomargarine (IV, 
4156), and has also had a general, but not exclusive jurisdiction of 
bills relating to imitation dairy products, manufacture of lard, etc. 
(IV, 4156 ; VII, 1869) , and tax on cotton and grain futures (65th Gong.) . 
But this jurisdiction of revenue matters is exceptional (IV, 4 155). 

The House referred the President's message dealing with tfee refinanc- 
ing of farm-mortgage indebtedness to the committee thus conferring 
jurisdiction (Apr. 4, 1933, p. 1209) . 



OF T&E KOtrSE OF 
Rule XI. 679. 

2. Committee on Appropriations. 

(a) Appropriation of the revenue for the support of 
679. Appropria- the Government. 
tiohs - (b) The committee is authorized, 

acting as a whole or by any subcommittee thereof 
appointed by the chairman for the purposes hereof 
and in accordance with procedures authorized by the 
committee by a majority vote, to conduct studies 
and examinations of the organization and operation 
of any executive department or other executive 
agency (including any agency the majority of the 
stock of which is owned by the Government of the 
United States) as it may deem necessary to assist it 
in the determination of matters within its jurisdic- 
tion; and for this purpose the committee or any sub- 
committee thereof is authorized to sit and act at such 
times and places within the United States, whether 
the House is in session,, has recessed, or has adjourned, 
to hold such hearings, to require the attendance of 
such witnesses, and the production of such books or 
papers or documents or vouchers by subpena or 
otherwise, and to take such testimony and records 
as it deems necessary. Subpe&as may be issued over 
the signature of the chairman of the committee or 
subcommittee, or by any person designated by him, 
and shall be served by such person or persons as the 
chairman of the committee or subcommittee may 
designate. The chairman of the committee or sub- 



1331] 



BULKS OF EE HOUSE OF REPRESENTATIVES 
680,681. Rule XI. 

committee, or any member thereof, may administer 
oaths to witnesses. 

This committee was established in 1865, when all the general appro- 
priation bills were confided to its care. In 1885 a 
5 68 " portion of the bills were distributed to other com- 

mittees. On July 1, 1920, the committee was given jurisdiction over 
all appropriations by an amendment to the Rules adopted June 1, 1920 
(VII, 1741). 

While this committee has authority to report appropriations, the 
power to report legislation relating thereto belongs to other com- 
mittees (IV, 4033). General appropriation bills may not be considered 
in the House until reports and hearings have been available 3 days in 
advance ( 848). The authority to conduct studies and examinations 
of the organization and operation of executive departments and 
agencies was given this committee on February 11, 1943, p. 884; 
continued by resolution of January 9, 1945, p. 135, and incorporated 
in permanent law in Sec. 202 (b) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812). Clause 2, embracing the authority to 
conduct studies and examinations, was made a part of the standing 
rules January 3, 1953, p. 17, 24. The Committees on Appropriations 
of the House and Senate are authorized to develop a standard appro- 
priation classification schedule; study existing permanent appropria- 
tions and recommend which, if any, should be discontinued; and the 
disposition of funds resulting from the sale of Government property or 
services ( 945). The committee also is authorized and directed to 
join in reporting a legislative budget each fiscal year accompanied by 
a concurrent resolution adopting such budget ( 943). 

3. Committee on Armed Services. 

(a) Common defense generally. 

68i. Armed (b) The Department of Defense gen- 

Services - erally, including the Departments of 

the Army, Navy, and Air Force generally. 

(c) Ammunition depots; forts; arsenals; Army, 
Navy, and Air Force reservations and establishments. 

(d) Conservation, development, and use of naval 
petroleum and oil shale reserves. 

(e) Pay, promotion, retirement, and other benefits 
and privileges of members of the armed forces. 

[332] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XL 682. 6S3. 

(f) Scientific research and development in support 
of the armed services. 

(g) Selective service. 

(h) Size and composition of the Army, Navy, and 
Air Force. 

(i) Soldiers' and sailors 7 homes. 

(j) Strategic and critical materials necessary for 
the common defense. 

This committee was established January 2, 1947, as a part of the 
Legislative Reorganization Act of 1946 (60 Stat. 
5682 ' 812), and combined the Committees on Military 

Affairs and on Naval Affairs which were created in 1822 (IV, 4179, 
4189). These two committees had jurisdiction of appropriations from 
1885 to 1920 (IV, 4179, 4189; VII, 1741), The present form of this 
clause was adopted January 3, 1953, p. 17, to reflect committee juris- 
diction over the Department of Defense (created in the National 
Security Act, 61 Stat. 495). 

4. Committee on Banking and Currency. 

(a) Banking and currency generally. 

(b) Control of price of commodities, rents, or 

683. Banking and SerVlCeS. 

currency. ^ Deposit insurance. 

(d) Federal Reserve System. 

(e) Financial aid to commerce and industry, other 
than matters relating to such aid which are specifi- 
cally assigned to other committees under this rule. 

(f) Gold and silver, including the coinage thereof. 

(g) Issuance of notes and redemption thereof, 
(h) Public and private housing. 

(i) Valuation and revaluation of the dollar. 

This committee was established in 1865 (IV, 4082). The jurisdiction 
defined in the rule was made effective January 2, 1947, as a part of the 

[333] 



OF THE HOUSE OF REPRESENTATIVES 
$684,685 Rule XI. 

Legislative Reorganization Act of 1946 (60, Stat.. 812) , Pursuant to the 
Reorganization Act, the committee absorbed jurisdiction of the former 
Committee on Coinage, Weights, and Measures, created in 1864 (IV, 
4090), except jurisdiction over matters relating to the standardization 
of weights and measures and the metric system. Jurisdiction over such 
matters, transferred by that Act to the Committee on Interstate and 
Foreign Commerce, was, by resolution of July 21, 1958, p. 14513, 
transferred to the Committee on Science and Astronautics. 

It has reported on subjects relating to the strengthening of public 
credit, issues of notes and taxation and redemption 
684 ' thereof (IV, 4084), propositions to maintain the 

parity of the money of the United States (IV, 4089; VII, 1792), the 
issue of silver certificates as currency (IV, 4087, 4088), national banks 
and current deposits of public money (IV, 4083; VII, 1790), the incor- 
poration of an international bank (IV, 4086), subjects relating to the 
Freedman's Bank (IV, 4085), and Federal Reserve system, farm loan 
act, home loan bills, stabilization of the Collar, War Finance Corpora- 
tion, Federal Reserve Baak buildings (VII, 179.3, 1795). 

5* Committee on tbe District of Columbia. 

(a) All measures relating to the municipal affairs 
685. District of of the District of Columbia in general, 
coi^bia. other t j lan appropriations therefor, 
including 

(b) Adulteration of foods and drugs. 

(c) Incorporation and organization of societies. 

(d) Insurance, executors, administrators, wills, and 
divorce. 

(e) Municipal code and amendments to the crim- 
inal and corporation laws. 

(f) Municipal and juvenile courts. 

(g) Public health and safety, sanitation, and 
quarantine regulations. 

(h) Regulation of sale of intoxicating liquors, 
(i) Taxes and tax sales. 



[384] 



RtJLES OF THE HOUSE OF REPRESENTATIVES 
Rule XL 686,687. 

This committee was established in 1808 (IV, 4276). The juris- 
diction of this committee as defined in the rule was 
made effective January 2, 1947, as a part of the 
Legislative Reorganization Act of 1946 (60 Stat. 812). It formerly 
had jurisdiction of matters relating to the Government Hospital for 
the Insane (IV, 4285) which subject is now under the jurisdiction of 
the Committee on Education and Labor. 

It reports bills proposing legislation as to the general municipal affairs 
of the District (IV, 4277) , relating to health, sanitary and quarantine 
regulations (IV, 4284; VII, 2008), holidays (IV, 4283; VII, 2011), 
protection of fish and game (IV, 4282), regulation of sale of intoxicating 
liquors (IV, 4280), adulteration of food, drugs, etc. (IV, 4280), taxes 
and tax sales (IV, 4279), insurance (IV, 4278), bills for preserving public 
order at times of inaugurations (IV, 4292), harbor regulations and the 
bridge over the Eastern Branch (IV, 4286), executors, administrators, 
wills, and divorce (IV, 4289), police and juvenile courts and justices 
of the peace (IV, 4290), incorporation and organization of societies 
(IV, 4288; VII, 2006, 2013), municipal code and amendments to the 
criminal and corporation laws (IV, 4287; VII, 2007). The jurisdiction 
of this committee as to matters affecting the higher courts of the Dis- 
trict has been exceptional rather than general (IV, 4291). 

6. Committee on Education and Labor. 

(a) Measures relating to education or labor gener- 



687. Education 

and Labor. (ty Child M)Or. 

(c) Columbia Institution for the Deaf, Dumb, and 
Blind; Howard University; Freedmen's Hospital; and 
Saint Elizabeths Hospital. 

(d) Convict labor and the entry of goods made by 
convicts into interstate commerce. 

(e) Labor standards. 

(f) Labor statistics. 

(g) Mediation and arbitration of labor disputes. 



[335] 



RTJUES OF THE HOUSE OF REPRESENTATIVES 
59. Rule XL 

(h) Regulation or prevention of importation of 
foreign laborers under contract. 

(i) School-lunch program. 

(j) United States Employees' Compensation Com- 
mission. 

(k) Vocational rehabilitation. 

(1) Wages and hours of labor. 

(m) Welfare of miners. 

This committee was established January 2, 1947, as a part of the 

Legislative Reorganization Act of 1946 (60 Stat. 

812), and combined the Committees on Education 

(created in 1867, IV, 4242) and Labor (created in 1883, IV, 4244). The 

Columbia Institute for the Deaf, Dumb, and Blind was renamed 

"Gallaudet College" (68 Stat. 265). 

Vocational Rehabilitation of veterans is under the jurisdiction of 
the Committee on Veterans' Affairs. 

7. Committee on Foreign Affairs. 

(a) Relations of the United States with foreign 
689. Foreign nations generally. 

AJWw " (b) Acquisition of land and buildings 

for embassies and legations in foreign countries. 

(c) Establishment of boundary lines between the 
United States and foreign nations. 

(d) Foreign loans. 

(e) International conferences and congresses. 

(f) Intervention abroad and declarations of war. 

(g) Measures relating to the diplomatic service. 
(h) Measures to foster commercial intercourse with 

foreign nations and to safeguard American business 
interests abroad, 
(i) Neutrality. 

[336] 



RULES OP THE HOUSE OF REPRESENTATIVES 
Rule XI. 

(j) Protection of American citizens abroad and 
expatriation. 

(k) The American National Red Cross. 

(1) United Nations Organization and international 
financial and monetary organizations. 

The jurisdiction as defined in the rule was made effective January 
2, 1947, as a part of the Legislative Reorganization 
5 Act of 1946 (60 Stat. 812). 

This committee was established in 1822 (IV, 4162), and had authority 
to report appropriations from 1885 to 1920. 

It has a broad jurisdiction over foreign relations, including bills to 
establish boundary lines between the United States and foreign nations, 
to determine naval strength, and regulate bridges and dams on interna- 
tional waters (IV, 4166; see also "General Bridge Act," 33 U. S. C. 525, 
533), for the protection of American citizens abroad and expatriation 
(IV, 4169; VII, 1883), to maintain the treaty rights of American 
fishermen (IV, 4171), for extradition with foreign nations, international 
arbitration, relating to violation of neutrality (IV, 4178a), international 
conferences and congresses (IV, 4177; VII, 1884), the incorporation of 
the American National Red Cross and protection of its insignia (IV, 
4173), immigration of Chinese and Japanese (IV, 4172), intervention 
abroad and declarations of war (IV, 4164; VII, 1880), affairs of the con- 
sular service, including acquisition of land and buildings for legations 
in foreign capitals (IV, 4163; VII, 1879), creation of courts of the United 
States in foreign countries (IV, 4167), treaty regulations as to protec- 
tion of fur seals (IV, 4170), matters relating to the Philippines (see 
60 Stat. 315). 

The committee has also considered measures for fostering commercial 
intercourse with foreign nations and for safeguarding American business 
interests abroad (IV, 4175), and even the subjects of commercial treaties 
and reciprocal arrangements (IV, 4174), although in later practice the 
Committee on Ways and Means has considered such matters (IV, 4021) . 
Foreign Affairs has exercised a general but not exclusive jurisdiction 
over legislation relating to claims having international relations (IV, 
4168; VII, 1882). 



[337] 



OF THE HOUSE OF 

8691. 

8. Coimmttee on Government Operations. 

(a) Budget and accounting measures, other than 

appropriations. 
69i. Government /i \ TDoQrganizations in the executive 

operations. V*-V , y> 

branch of the Government. 

(c) Such committee shall have the duty of 

(1) receiving and examining reports of the Comp- 
troller General of the United States and of submitting 
such recommendations to the House as it deems 
necessary or desirable in connection with the subject 
matter of such reports; 

(2) studying the operation of Government ac- 
tivities at all levels with a view to determining its 
economy and efficiency; 

(3) evaluating the effects of laws enacted to re- 
organize the legislative and executive branches of the 

Government; 

(4) studying intergovernmental relationships be- 
tween the United States and the States and munici- 
palities, and between the United States and inter- 
national organizations of which the United States is a 
member. 

(d) For the purpose of performing such duties the 
committee, or any subcommittee thereof when au- 
thorized by the committee, is authorized to sit, hold 
hearings, and act at such times and places within the 
United States, whether or not the House is in session, 
is in recess, or has adjourned, to require by subpena 
or otherwise the attendance of such witnesses and 

[338] 



RULES OF THE HOUSE OF REPRESENTATIVES 
KuleXI. 692,693* 

the production of such papers, documents, and books, 
and to take such testimony as it deems necessary. 
Subpenas may be issued under the signature of the 
chairman of the committee or of any subcommittee, 
or by any member designated by any such chairman, 
and may be served by any person designated by any 
such chairman or member. 

The name -of this committee was on July 3, 1952, p. 9217, changed 
from "Expenditures in the Executive Departments" 
^ 692 * to "Government Operations." The former Com- 

mittee on Expenditures in the Executive Departments was established 
December 5, 1927 (VII, 2041), and took the place of eleven separate 
committees on expenditures in the several executive departments. 
The first of these committees was established in 1816, and others were 
added as new departments were created (IV, 4315). They reported 
bills relating to the efficiency and integrity of the public service (IV, 
4320), and creation and abolition of offices (IV, 4318). The juris- 
diction as now defined in the rule was made effective January 2, 1947, 
as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812). 
The paragraph giving the committee the power of subpena, was 
adopted February 10, 1947, p. 942. 

9. Committee cm House Administration. 

(a) Appropriations from the contingent fund. 
693. House Ad- (b) Auditing and settling of all ac- 

mixifetratkm. counts which may be charged to the 

contingent fund. 

(c) Employment of persons by the House, in- 
cluding clerks for Members and committees, and 
reporters of debates. 

(d) Except as provided in clause 1-5 (d), matters 
relating to the Library of Congress and the House 
Library; statuary and pictures; acceptance or pur- 

i[3S9] 



RTOES OF THE HOUSE OF REPRESENTATIVES 
5693. Rule XL 

chase of works of art for the Capitol; the Botanic 
Gardens; management of the Library of Congress; 
purchase of books and manuscripts; erection of 
monuments to the memory of individuals. 

(e) Except as provided in clause 15 (d), matters 
relating to the Smithsonian Institution and the in- 
corporation of similar institutions. 

(f) Expenditure of contingent fund of the House. 

(g) Matters relating to printing and correction of 
the Congressional Record. 

(h) Measures relating to accounts of the House 
generally. 

(i) Measures relating to assignment of office space 
for Members and committees. 

(j) Measures relating to the disposition of useless 
executive papers. 

(k) Measures relating to the election of the Presi- 
dent, Vice President, or Members of Congress; 
corrupt practices; contested elections; credentials 
and qualifications; and Federal elections generally. 

(1) Measures relating to services to the House, 
including the House Restaurant and administration 
of the House Office Buildings and of the House wing 
of the Capitol. 

(m) Measures relating to the travel of Members of 
the House. 

(n) Such committee shall also have the duty of 
(1) arranging a suitable program for each day 

observed by the House of Representatives as a 

[340] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XI. 5 694, 695. 

memorial day in memory of Members of the 
Senate and House of Representatives who have 
died during the preceding period, and to arrange 
for the publication of the proceedings thereof; 

(2) examining all bills, amendments, and joint 
resolutions after passage by the House; and in 
cooperation with the Senate, of examining all bills 
and joint resolutions which shall have passed both 
Houses, to see that they are correctly enrolled; and 
when signed by the Speaker of the House and the 
President of the Senate, shall forthwith present the 
same, when they shall have originated in the House, 
to the President of the United States in person, and 
report the fact and date of such presentation to the 
House; 

(3) reporting to the Sergeant-at-Arms of the 
House the travel of Members of the House. 

This committee was created January 2, 1947, as a part of the Legisla- 
tive Reorganization Act of 1946 (60 Stat. 812), and 
6 combined the Committees on Accounts (created in 

1803, IV ; 4328), Enrolled Bills (created in 1789, IV, 4350), Disposition 
of Executive Papers (created in 1889, IV, 4419), Printing (created in 
1846), Elections (created in 1794 and divided into three committees 
in 1895, IV, 4019), Election of President, Vice President, and Repre- 
sentatives in Congress (created in 1893, IV, 4299), and Memorials 
(created January 3, 1929, VII, 2080). 

The Committee on House Administration now has jurisdiction of 

measures relating to the House restaurant which for 

695. House many years was under jurisdiction of the former 

Committee on Accounts. On September 5, 1940, 

p. 11552, the management of the House restaurant was, by resolution, 

placed under the Architect of the Capitol. 

625S1 H. Doc. 459, 86-2 23 [341] 



RULES Or THE HOUSE OF KEPEESENTATIVES 
696-701. Rule XL 

The Committee on House Administration has absorbed the Com- 
mittee on Enrolled Bills which was established in 
696. Enrolled bais. I7sg b ^ ^ . oint ^ of the two Houses. This rule 

lapsed in 1876 with the other joint rules; but in 1880 the rules of the 
House were amended so as to recognize the joint committee (IV, 
4350, 4416; VII, 2099). The Committee on House Administration and 
the Secretary of the Senate make comparisons of bills of their own 
House for enrollment and the two cooperate in the interchange of 
bills for signature. 

The Committee on House Administration under the Reorganization 

Act has jurisdiction of some of the subjects formerly 

697, 698. Library. ^^ the j urisdiction of the Joint Committee on 

the Library, such as matters relating to the Library of Congress and the 
House Library, statuary and pictures, acceptance or purchase of works 
of art for the Capitol, the Botanic Gardens, management of the 
Library of Congress, purchase of books and manuscripts, erection of 
monuments to the memory of individuals, matters relating to the 
Smithsonian Institution, and the incorporation of similar institutions; 
except measures relating to the construction or reconstruction, main- 
tenance, and care of the buildings and grounds of the Botanic Gardens, 
the Library of Congress, and the Smithsonian Institution, which 
functions are now under the Committee on Public Works. The House 
Members of the Joint Committee on the Library, provided for by law 
(2 U. S. C. 132b), are elected by resolution each Congress. 

The Committee on House Administration has jurisdiction of matters 
relating to printing and correction of the Congres- 
sional Record, formerly within the jurisdiction of the 
Committee on Printing. The House Members of 
the Joint. Committee on Printing, provided for by law (44 U. S. C. 1), 
are elected by resolution each Congress. 

The Committee on House Administration has jurisdiction of meas- 
700. Contested ures relating to the election of the President, Vice 
Elections and President, or Members of Congress; corrupt prac- 

Eiectorai count, tices; contested elections; credentials and qualifica- 
tions; Federal elections generally, and the Electoral count which for- 
merly was within the jurisdiction of a Committee on Election of the 
President, Vice President, and Representatives in Congress (IV, 4303). 

The Committee 1 on House Administration has jurisdiction of sub- 
701. Memorial ject of memorial services in memory of Members who 
services. h&ve died during the preceding period, a matter 

formerly under jurisdiction of a Committee on Memorials. 

[342] 



RUIZES OF THE HOUSE OS' REPRESENTATIVES 
Rule XL 702. 

10. Committee on Interior and Insular Affairs. 

(a) Forest reserves and national parks created 

702. Interior and frOEd the public domain. 

insuiaraflairs. ( b ) p or f e iture of land grants and 

alien ownership, including alien ownership of mineral 
lands. 

(c) Geological Survey. 

(d) Interstate compacts relating to apportion- 
ment of waters for irrigation purposes. 

(e) Irrigation and reclamation, including water 
supply for reclamation projects, and easements of 
public lands for irrigation projects, and acquisition of 
private lands when necessary to complete irrigation 
projects. 

(f) Measures relating to the care, education, and 
management of Indians, including the care and allot- 
ment of Indian lands and general and special measures 
relating to claims which are paid out of Indian funds. 

(g) Measures relating generally to Hawaii, Alaska, 
and the insular possessions of the United States, 
except those affecting the revenue and appropriations. 

(h) Military parks and battlefields, and national 
cemeteries. 

(i) Mineral land laws and claims and entries 
thereunder. 

(j) Mineral resources of the public lands. 

(k) Mining interests generally. 

(1) Mining schools and experimental stations. 

[3431 



RULES OF THE HOUSE OF REPRESENTATIVES 
703. Rule XL 

(m) Petroleum conservation on the public lands 
and conservation of the radium supply in the United 
States. 

(n) Preservation of prehistoric ruins and objects 
of interest on the public domain. 

(o) Public lands generally, including entry, ease- 
ments, and grazing thereon. 

(p) Relations of the United States with the 
Indians and the Indian tribes. 

The name of this committee was on February 2, 1951, p. 883, changed 
from "Public Lands" to "Interior and Insular 
703 - Affairs." The Committee on Public Lands was 

created in 1805 (IV, 4194). The jurisdiction as defined in the rule was 
made effective January 2, 1947, as a part of the Legislative Reorgan- 
ization Act of 1946 (60 Stat. 812), and combined the Committees on 
Mines and Mining (created in 1865, IV, 4223), Insular Affairs (created 
in 1899, IV, 4213), Irrigation and Reclamation (created in 1893, IV, 
4307), Indian Affairs (created in 1821, IV, 4204), and Territories 
(created in 1825, IV, 4208). The subject of military parks, battle- 
fields, and national cemeteries given this committee under the Reor- 
ganization Act was formerly under jurisdiction of a Committee on 
Military Affairs which was absorbed by the Committee on Armed 
Services. The subject of welfare of men working in mines formerly 
under the jurisdiction of a Committee on Mines and Mining, which 
committee was absorbed by the Committee on Interior and Insular 
Affairs, was vested in the Committee on Education and Labor by the 
Reorganization Act (60 Stat. 812) . 

It reports on subjects relating to the mineral resources of the public 
lands (IV, 4202), forfeiture of land grants and alien ownership (IV, 
4201), public lands of Alaska (IV, 4196), forest reserves (IV, 4197), 
and national parks created out of the public domain (IV, 4199; VII, 
1925), admission of States (IV, 4208), preservation of prehistoric ruins 
and objects of interest on the public domain (IV, 4199), the reservation 
at Arkansas Hot Springs (IV, 4200), and sometimes to projects of 
general legislation relating to various classes of land claims (IV, 4203). 



[344] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XI. 704. 

11. Committee on Interstate and Foreign Com- 
merce. 

(a) Interstate and foreign commerce generally. 
704. interstate (b) Civil aeronautics. 

and foreign / \ T i i ^ 

commerce. (c) Inland waterways. 

(d) Interstate oil compacts and petroleum and 
natural gas, except on the public lands. 

(e) Public health and quarantine. 

(f) Railroad labor and railroad retirement and 
unemployment, except revenue measures relating 
thereto. 

(g) Regulation of interstate and foreign com- 
munications. 

(h) Regulation of interstate and foreign trans- 
portation, except transportation by water not subject 
to the jurisdiction of the Interstate Commerce 
Commission. 

(i) Regulation of interstate transmission of power, 
except the installation of connections between 
Government water-power projects. 

(j) Securities and exchanges. 

(k) Weather Bureau. 

This committee dates from 1795 (IV, 4096). Jurisdiction delineated 
in the rule became effective July 21, 1958, p. 14513, and at that time 
matters relating to the Bureau of Standards, standardization of weights 
and measures, and the metric system (conferred on the committee by 
the Legislative Reorganization Act of 1946, 60 Stat. 812) was trans- 
ferred to the Committee on Science and Astronautics. 

It formerly reported the river and harbor appropriation bill, but in 
1883 a Committee on Rivers and Harbors was created to care for 

[345] 



ROTES OF THE HOUSE OF 
705,706. Bale XL 

this bill (IV, 4096). Since the Sixty-sixth Congress these appropria- 
tions have been reported by the Appropriations Committee. The rule 
was amended in the Seventy-fourth Congress depriving the Committee 
on Interstate and Foreign Commerce of its jurisdiction over bills dealing 
with water transportation, Coast Guard, life-saving service, light- 
houses, lightships, ocean derelicts, Coast and Geodetic Survey, and 
the Panama Canal and jurisdiction over those subjects was vested in 
the Committee on the Merchant Marine and Fisheries while exclu- 
sive jurisdiction over bills relating to radio was transferred to the 
Committee on Interstate and Foreign Commerce (VII, 1814, 1847). 
Bills relating to the Department of Commerce and the Interstate 
Commerce Commission (IV, 4098) are reported by this committee. 
The Committee on Interstate and Foreign Commerce has general 
jurisdiction of bills affecting domestic and foreign 
705. Jurisdiction. commerce, except such as may affect the revenue 

(IV, 4097). 

It also has jurisdiction of bills authorizing the construction of marine 
hospitals and the acquisition of sites therefor (IV, 4110; VII, 1816), 
the general subjects of quarantine and the establishment of quaran- 
tine stations (IV, 4109), health, spread of leprosy and other contagious 
diseases, international congress of hygiene, etc, (IV, 4111). 

Bills declaring as to whether or not streams are navigable and for pre- 
venting or regulating hindrances to navigation (IV, 4101; VTI, 1810), 
such as bridges (IV, 4099; VII, 181.2) and dams, except such bridges 
and dams as are a part of river improvements (IV, 4100; VII, 1810). 
This committee formerly had jurisdiction of bills proposing construc- 
tion of bridges across navigable streams which are now banned ( 852; 
see also General Bridge Act, 33 U. S, C. 525, 533). 

The Committee on Interstate and Foreign Commerce considers bills 
706. Jurisdiction regulating railroads in their interstate commerce rela- 
over commerce br tions (IV, 41 14) , bills relating to commercial travelers 
railroads. ^ agen ^ s o f interstate commerce and the branding of 

articles going into such commerce (IV, 4115), the prevention of the 
carriage of indecent and harmful pictures or literature (IV, 4116), the 
adulteration, misbranding, etc., of foods and drugs (IV, 4112), and 
protection of game through prohibition of interstate transportation 
(IV, 4117), The regulation of exportation of livestock, meat, and other 
agricultural products have also been to a certain extent within the 
jurisdiction of this committee (IV, 4113). 

The committee exercises jurisdiction over the subject of commercial 
aviation (VII, 1822). 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XI. 707, 

12. Committee on the Judiciary. 

(a) Judicial proceedings, civil and 

707. Judiciary. . ,~ 7 

criminal generally. 

(b) Apportionment of Representatives. 

(c) Bankruptcy, mutiny, espionage, and counter- 
feiting. 

(d) Civil liberties. 

(e) Constitutional amendments. 

(f) Federal courts and judges. 

(g) Holidays and celebrations. 

(h) Immigration and naturalization. 

(i) Interstate compacts generally. 

(3) Local courts in the Territories and possessions. 

(k) Measures relating to claims against the United 
States. 

(1) Meetings of Congress, attendance of Members 
and their acceptance of incompatible offices. 

(m) National penitentiaries. 

(n) Patent Office. 

(o) Patents, copyrights, and trade-marks. 

(p) Presidential succession. 

(q) Protection of trade and commerce against 
unlawful restraints and monopolies. 

(r) Revision and codification of the Statutes of 
the United States. 

(s) State and Territorial boundary lines. 



[347] 



RULES OF THE HOUSE OF REPRESENTATIVES 
708,709. Rule XI. 

This committee dates from 1813 (IV, 4054). The jurisdiction as 
defined in the rule was made effective January 2, 
* 708 " 1947, as a part of the Legislative Reorganization 

Act of 1946 (60 Stat. 812), and combined the Committees on Revision 
of Laws (created 1868, IV, 4293), Patents (created in 1837, IV, 4254), 
Immigration and Naturalization (created in 1893, IV, 4309), Claims 
(created in 1794, IV, 4262), and War Claims (created in 1883, IV, 4269) . 

It considers charges against judges of the United States courts (IV, 
4062), legislative propositions relating to the service of the Department 
of Justice (IV, 4067), bills relating to local courts in the District of 
Columbia, Alaska, and the Territories (IV, 4068), the establishment 
of a court of patent appeals (IV, 4075), relations of the courts of labor 
and corporations (IV, 4072), crimes, penalties, extradition (IV, 4069; 
VII, 1747), construction and management of national penitentiaries 
(IV, 4070), matters relating to trusts and corporations (IV, 4057, 4059, 
4060; VII , 1764), claims of States against the United States (IV, 4080), 
general legislation relating to international and other claims (IV, 4078, 
4079, 4081), bills relating to the office of President (IV, 4077), to the 
flag (IV, 4055), holidays and celebrations (IV, 4073), bankruptcy (IV, 
4065), removal of political disabilities (IV, 4058), prohibition of traffic 
in intoxicating liquors (IV, 4061; VII, 1773), mutiny and willful de- 
struction of vessels (IV, 4145), counterfeiting (IV, 4071; VII, 1753), 
settlement of State and Territorial boundary lines (IV, 4060; VII, 
1768), meeting of Congress and attendance of Members and their ac- 
ceptance of incompatible offices (IV, 4077; VI, 65). This commit- 
tee also has jurisdiction over joint resolutions proposing amend- 
ments to the Constitution (IV, 4056; VII, 1779). It also reports on 
important questions of law relating to subjects naturally within the 
jurisdiction of other committees (IV, 4063) . 

13. Committee on Merchant Marine and Fish- 
eries. 

(a) Merchant marine generally. 
709. Merchant (b) Coast and Geodetic Survey. 

marine ^ 

and fisheries. ( c ) Coast Guard, including lif esaving 

service, lighthouses, lightships, and ocean derelicts. 



RTJUES OP Tmi HOUSE OF REPRJESENTATTVES 
Rule XL 710. 

(d) Fisheries and wildlife, including research, 
restoration, refuges, and conservation. 

(e) Measures relating to the regulation of common 
carriers by water (except matters subject to the 
jurisdiction of the Interstate Commerce Commission) 
and to the inspection of merchant marine vessels, 
lights and signals, lifesaving equipment, and fire 
protection on such vessels. 

(f) Merchant marine officers and seamen. 

(g) Navigation and the laws relating thereto, 
including pilotage. 

(h) Panama Canal and the maintenance and oper- 
ation of the Panama Canal, including the administra- 
tion, sanitation, and government of the Canal Zone; 
and interoceanic canals generally. 

(i) Registering and licensing of vessels and small 
boats. 

(j) Rules and international arrangements to pre- 
vent collisions at sea. 

(k) United States Coast Guard and Merchant 
Marine Academies. 

This committee was established in 1887 (IV, 4129; VII, 1847, 1848), 
and its jurisdiction enlarged and further defined by 
the Legislative Reorganization Act of 1946 (60 St-at. 812). 

The jurisdiction of this committee includes the general subjects of 
shipbuilding, admission of foreign-built ships, registering and licensing 
of vessels (IV, 4134), including pleasure yachts (IV, 4143), tonnage 
taxes and fines and penalties on vessels (IV, 4131; VII, 1856), the 
extension and increase of the merchant marine (IV, 4138), navigation 
and the laws relating thereto (IV, 4130), pilotage (IV, 4136), the nam- 
ing and measuring of vessels (IV, 4132), rules and international arrange- 



[349] 



RULES OF THE HOUSE OF REPRESENTATIVES 

711, 712. Rul * XL 

ments to prevent collisions at sea (IV, 4135), and the shipping, wages, 
treatment (IV, 4140), and health of sailors (IV, 4141). The com- 
mittee has also exercised a general jurisdiction over subjects relating 
to inspection of steam vessels as to hulls and boilers (IV, 4133; VII, 
1854), lights and signals (IV, 4135), and protection from fixe on vessels 
(IV, 4141), collisions, coasting districts, marine schools, etc. (IV, 
4146; VII, 1857), regulation of small vessels propelled by naphtha, etc., 
and transportation of inflammable substances on passenger vessels 
(IV, 4142), the titles, conduct, and licensing of officers of vessels, 
(IV, 4139), and regulation of shipping in Hawaii (IV, 4130). The 
committee exercises jurisdiction as to the seal herds and other revenue 
producing animals of Alaska (VII, 1725, 1851). 

14. Committee on Post Office and Civil Service. 

(a) Census and the collection of statistics generally. 
711. Post office (b) Federal Civil Service generally, 
and civil service. ^ National Archives. 

(d) Postal-savings banks. 

(e) Postal service generally, including the railway 
mail service, and measures relating to ocean mail and 
pneumatic-tube service; but excluding post roads. 

(f) Status of officers and employees of the United 
States, including their compensation, classification, 
and retirement. 

This committee was created January 2, 1947, as a part of the Leg- 
islative Reorganization Act of 1946 (60 Stat. 812; 
and combined the former committees on "Post- 
Office and Post-Roads" (created in 1808, IV, 4190), "Civil Service" 
(created in 1893, IV, 4296), and "Census" (created in 1901, IV, 4351). 
Matters relating to post-roads were transferred to the Committee on 
Public Works. The committee also has jurisdiction of the National 
Archives, formerly within the jurisdiction of a Committee on the 
Library, and the census and collection of statistics generally formerly 
within the jurisdiction of a Committee on the Census. 

[350] 



RUIZES OF THE HOUSE OF REPRESENTATIVES 
Rule XI. 713. 

15. Committee on Public Works. 

(a) Flood control and improvement of rivers and 
harbors. 

713. Public Works. /i \ * ^ ,- , i ^ 

(b) Measures relating to the Capitol 
Building and the Senate and House Office Buildings. 

(c) Measures relating to the construction or main- 
tenance of roads and post roads, other than appro- 
priations therefor; but it shall not be in order for any 
bill providing general legislation in relation to roads 
to contain any provision for any specific road, nor 
for any bill in relation to a specific road to embrace 
a provision in relation to any other specific road. 

(d) Measures relating to the construction or recon- 
struction, maintenance, and care of the buildings and 
grounds of the Botanic Gardens, the Library of 
Congress, and the Smithsonian Institute. 

(e) Measures relating to the purchase of sites and 
construction of post offices, customhouses, Federal 
courthouses, and Government buildings within the 
District of Columbia. 

(f) Oil and other pollution of navigable waters. 

(g) Public buildings and occupied or improved 
grounds of the United States generally. 

(h) Public reservations and parks within the Dis- 
trict of Columbia, including Rock Creek Park and 
the Zoological Park. 

(i) Public works for the benefit of navigation, 
including bridges and dams (other than international 
bridges and dams) . 

(j) Water power. 

[351] 



RULES OF THE HOUSE OF REPRESENTATIVES 

714-717. Rule XL 

This committee was created and the jurisdiction as defined in the 
rule made effective January 2, 1947, as a part of 
714 ' the Legislative Reorganization Act of 1946, 60 

Stat. 812, and combined the Committees on Flood Control (created 
1916, VII, 2069), Public Buildings and Grounds (created in 1837, 
IV, 4231), Rivers and Harbors (created in 1883, IV, 4118), and Heads 
(created June 2, 1913, VII, 2065). Reports from this committee 
authorizing the improvement of rivers and harbors are privileged 
( 726), and have privilege in the Committee of the Whole ( 869). 

16. Committee on Rules. 

(a) The rules, joint rules, and order 

715. Rules. * i < ,1 TT 

of business of the House. 

(b) Recesses and final adjournments of Congress. 

(c) The Committee on Rules is authorized to sit 
and act whether or not the House is in session. 

The jurisdiction defined in the rule was made effective January 2, 
. 716 1947, as a part of the Legislative Reorganization 

Act of 1946 (60 Stat. 812). Paragraph (c) is from 
Sec. 134 (c) of that Act. The committee has had authority to sit during 
sessions of the House, however, since 1893 (IV, 4546) . The subject of 
recesses and final adjournments was formerly under the jurisdiction of 
the Committee on Ways and Means. 

This committee, which had existed as a select committee from 1789, 
became a standing committee in 1880 (IV, 4321; VII, 2047). The 
Speaker was first made a member of the committee in 1858 (IV, 4321), 
and ceased to be a member on March 19, 1910 (VII, 2047). However, 
the Legislative Reorganization Act of 1946 deleted from the former 
rule the prohibition against the Speaker serving on the committee. 

Primarily the jurisdiction of this committee is over propositions to 
717 make or change the rules (V, 6770, 6776 ; VII, 2047) , 

for the creation of committees (IV, 4322; VII, 2048), 
and directing them to make investigations (IV, 4322-4324; VII, 2048). 
It also reports resolutions relating to the hour of daily meeting and the 
days on which the House shall sit (IV, 4325) , and orders relating to the 
use of the galleries during the electoral count (IV, 4327). 



[352] 



RULES OP THE HOUSE OF REPRESENTATIVES 
Bule XL 718. 

Since 1883 the Committee on Rules has reported special orders pro- 
s ecial orders viding times and methods for consideration of 

p " special bills or classes of bills, thereby enabling the 

House by majority vote to forward particular legislation, instead of 
being forced to use for the purpose the motion to suspend the rules, 
which requires a two-thirds vote (IV, 3152; V, 6870; for forms of, IV, 
3238-3263). 

Special orders may still be made by suspension of the rules (IV, 
3154) or by unanimous consent (IV, 3165, 3166; VII, 758); but it is 
not in order, by motion in the House, to provide that a subject be 
made a special order for a given date (IV, 3163), or to make a special 
order by a motion to postpone to a day certain (IV, 3164). But before 
the adoption of rules, and consequently before there is a rule as to the 
order of business, a Member may offer a special order for immediate 
consideration (V, 4971, 5450). A special order reported by the Com- 
mittee on Rules must be agreed to by a majority vote of the House 
(IV, 3169). 

It is not in order to move to postpone a special order providing for 
the consideration of a class of bills (V, 4958), but a bill which comes 
before the House by the terms of a special order merely assigning the 
day for its consideration may be postponed by a majority vote (IV, 
3177-3182). A motion to rescind a special order is not privileged un- 
der the rules regulating the order of business (IV, 3173, 3174; V, 5323). 

A motion to amend the Rules of the House does not present a ques- 
tion of privilege (VIII, 3377), overruling (VIII, 3376). 

For further discussion of the Committee on Rules see 728. 

17. Committee on Science and Astronautics. 

(a) Astronautical research and development, in- 
cluding resources, personnel, equipment, and facilities. 
718. science and (b) Bureau of Standards, standardi- 
Astronautics. zation of weights and measures and 

the metric system. 

(c) National Aeronautics and Space Administra- 
tion. 

(d) National Aeronautics and Space Council. 

[353] 



RULES OF THE HOUSE OF REPRESENTATIVES 
719-720. 

(e) National Science Foundation. 

(f) Outer space, including exploration and con- 
trol thereof. 

(g) Science Scholarships. 

(h) Scientific research and development. 

This committee was established July 21, 1958, p. 14513. It has 
jurisdiction formerly vested in a Select Committee 
5 719< on Astronautics and Space Exploration, established 

March 5, 1958, p. 3443, and, in addition thereto, jurisdiction over 
matters relating to the Bureau of Standards (transferred from the 
Committee on Interstate and Foreign Commerce) and science 
scholarships. 

18. Committee on Un-American Activities. 

(a) Un-American activities. 

(b) The Committee on Un-American Activities, as 
720. un-American & whole or by subcommittee, is author- 
Activities. i ze( j ^ ma k e f rom time to time investi- 
gations of (1) the extent, character, and objects of 
un-American propaganda activities in the United 
States, (2) the diffusion within the United States 
of subversive and un-American propaganda that is 
instigated from foreign countries or of a domestic 
origin and attacks the principle of the form of govern- 
ment as guaranteed by our Constitution, and (3) all 
other questions in relation thereto that would aid 
Congress in any necessary remedial legislation,. 

The Committee on Un-American Activities shall 
report to the House (or to the Clerk of the House 
if the House is not in session) the results of any such 
investigation, together with such recommendations 
as it deems advisable. 

[354] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XI. 721-722. 

For the purpose of any such investigation, the 
Committee on Un-American Activities, or any sub- 
committee thereof, is authorized to sit and act at 
such times and places within the United States, 
whether or not the House is sitting, has recessed, or 
has adjourned, to hold such hearings, to require the 
attendance of such witnesses and the production of 
such books, papers, and documents, and to take such 
testimony, as it deems necessary. Subpenas may 
be issued under the signature of the chairman of the 
committee or any subcommittee, or by any member 
designated by any such chairman, and may be served 
by any person designated by any such chairman or 
member. 

This committee was established as a standing committee on January 
3, 1945, p. 10. It has jurisdiction of resolutions to 
L define communism (Mar. 20, 1947, p. 23 15, 2343) and 

also bills to protect the United States against certain un-American and 
subversive activities by requiring registration of Communist organiza- 
tions (Subversive Activities Control Act of 1950, 64 Stat. 987). 

19. Committee on Veterans' Affairs. 

(a) Veterans' measures generally. 
722. veterans* O 3 ) Compensation, vocational reha- 

Affairs. bilitation, and education of veterans. 

(c) Life insurance issued by the Government on 
account of service in the armed forces. 

(d) Pensions of all the wars of the United States, 
general and special. 

(e) Readjustment of servicemen to civil life. 

(f) Soldiers' and sailors' civil relief. 

[355] 



RULES OF THE HOUSE OF REPRESENTATIVES 
723-725. Rule XI. 

(g) Veterans' hospitals, medical care, and treat- 
ment of veterans, 

This committee was established January 2, 1947, as a part of the 
Legislative Reorganization Act of 1946 (60 Stat 
5723 ' 812), and combined the Committee on World War 

Veterans 7 Legislation (created January 18, 1924, VII, 2077), Pensions 
(an offshoot from the old Committee on Pensions and Revolutionary 
Claims which was established in 1813, IV, 4258, 4260) and Invalid 
Pensions (also an offshoot of the old Committee on Pensions and 
Revolutionary Claims established in 1813). Vocational Rehabilitation 
except that pertaining to veterans is under the jurisdiction of the 
Committee on Education and Labor. 

20. Committee on Ways and Means. 

(a) Customs, collection districts, and ports of entry 
724. Wafs .nd sad delivery. 
Means - (b) National social security. 

(c) Reciprocal trade agreements. 

(d) Revenue measures generally. 

(e) Revenue measures relating to the insular pos- 
sessions. 

(f) The bonded debt of the United States. 

(g) The deposit of public moneys, 
(h) Transportation of dutiable goods. 

As a select committee Ways and Means dates from 1789. It was 
made a standing committee in 1802. Originally it 
" considered both revenue and appropriations; but in 

1865 the appropriation bills were given to the Committee on Appro- 
priations and certain other bills to the Committee on Banking and 
Currency (IV, 4020). The rule was also amended April 5, 1911, p. 58. 
The jurisdiction of the Committee on Ways and Means was further de- 
fined in the Legislative Reorganization Act of 1946 (60 Stat. 812) . The 
subject of recesses and final adjournments formerly within the juris- 
diction of this committee was, under the Reorganization Act, trans- 
ferred to the Committee on Rules. The committee is authorized and 
directed, in conjunction with others, to report a legislative budget for 
the ensuing year, accompanied by a concurrent resolution adopting 
such budget, and fixing the maximum amount to be appropriated for 
expenditure in such year ( 943). 

[356] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XT. 726. 

The revenue jurisdiction extends to such subjects as transportation 
of dutiable goods, collection districts, ports of entry and delivery (IV, 
4026), customs unions, reciprocity treaties (IV, 4021), revenue relations 
of the United States with Puerto Rico (IV, 4025), the revenue bills 
relating to agricultural products generally, excepting oleomargarine 
(IV, 4022), and tax on cotton and grain futures. The committee 
formerly had jurisdiction as to seal herds and other revenue producing 
animals in Alaska but this jurisdiction was changed in the 6Sth Con- 
gress (VII, 1725, 1851) to Merchant Marine and Fisheries. 

The committee has jurisdiction of subjects relating to the Treasury 
of the United States and the deposit of the public moneys (IV, 4028) , 
but it failed to make good a claim to the subjects of "national finances" 
and "preservation of the Government credit" (IV, 4023). 

The committee in the earlier practice reported resolutions distribut- 
ing the President's annual message (IV, 4030), but since the first 
session of the Sixty-fourth Congress this practice has been discontinued 
(VIII, 3350). 

21. The following-named committees shall have 
79* i> - -i * leave to report at any time on the 

726. Privileged * fc *' 

reports of matters herein stated, namely: The 

committees. Committee on Appropriations on the 

general appropriation bills; the Committee on House 
Administration on the right of a Member to his 
seat, enrolled bills, on all matters referred to it of 
printing for the use of the House or the two Houses, 
and on all matters of expenditure of the contingent 
fund of the House; the Committee on Interior and 
Insular Affairs on bills for the forfeiture of land 
grants to railroad and other corporations, bills pre- 
venting speculation in the public lands, bills for the 
reservation of the public lands for the benefit of 
actual and bona fide settlers, and bills for the admis- 
sion of new States ; the Committee on Public Works 
on bills authorizing the improvement of rivers and 
harbors ; the Committee on Rules on rules, joint rules, 
and order of business; the Committee on Veterans' 

025S1 H. Doc. 459, S6-2 24 [357] 



RULES OF THE HOUSE OF REPRESENTATIVES 
5 727. Rnle XL 

Affairs on general pension bills; the Committee on 
Ways and Means on bills raising revenue. 

The beginnings of this rule appear as early as 1812, but it was in 
727. Origin and 1880 that the various provisions were consolidated 
effect of the rule in one rule. The rule was amended by the Legisla- 

ting privilege to tive Reorganization Act of 1946, 60 Stat. 812, and on 
certain reports. February 2, 1951, p. 883. At the time these privi- 

leges originated all reports were made on the floor, and often with great 
difficulty because of the pressure of business (IV, 4621) . By giving this 
privilege the most important matters of business were greatly expedited. 
In 1890 a rule was adopted providing that reports should be made by 
filing with the Clerk; but privileged reports must still be made from the 
floor (IV, 3146; VIII,"" 2230). Thus the privilege of itself would now 
be a disadvantage were it not for the fact that, except for general 
appropriation bills on which printed hearings and reports must be 
available for three days ( 848), the right of reporting at any time 
gives the right of immediate consideration by the House (IV, 3131, 
3132, 3142-3147; VIII, 2291, 2312), and the matter so reported re- 
mains privileged until disposed of (IV, 3145). The House proceeds to 
the consideration of privileged questions only on motion directed to 
be made by the several committees reporting such questions (VIII, 
2310). Privileged questions reported adversely have the same status 
so far as their privilege is concerned as those reported favorably (VI, 
413; VIII, 2310). 

The matters reported under the provisions of this rule are denomi- 
nated "privileged reports" or "privileged questions," and since the 
privilege relates merely to the order of business under the rules, they 
must be distinguished from "questions of privilege" which relate to the 
safety or dignity of the House itself defined in Rule IX (III, 2718). 
Therefore "questions of privilege" take precedence over these matters 
which are privileged under the rules (III, 2526-2530; V, 6454; VIII, 
3465). 

Privileged questions interrupt the regular order of business as estab- 
lished by Rule XXIV, but when they are disposed of it continues on 
from the point of interruption (IV, 3070, 3071). But the Speaker has 
declined to allow a call of committees to be interrupted by a privileged 
report (IV, 3132). The presence of matter not privileged with privi- 
leged matter destroys the privileged character of a bill (IV, 4622, 4624, 
4633, 4640, 4643; VIII, 2289), or resolution (VIII, 2300), and when 
the text of a bill contains nonprivileged matter, privilege may not be 
created by a committee amendment in the nature of a substitute not 
containing the nonprivileged matter (IV, 4623) . 

The House may give a committee leave to report at any time only 
by the process of changing the rules (III, 1770). 

[358] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XI. 728. 

The privilege given by this rule to the Committee on Rules is confined 
728. The privilege to " action touching rules, joint rules, and order of 
of individual business" and this committee may not report as privi- 

committees for leged a concurrent resolution providing for a Senate 
reports - investigating committee (VIII, 2255), or provide for 

the appointment of a clerk (VIII, 2256) ; but the privilege has been held 
to include the right to report special orders for the consideration of 
individual bills or classes of bills (V, 6774), or the consideration of a 
specified amendment to a bill and prescribing a mode of considering 
such amendment (VIII, 2258). A special rule providing for the con- 
sideration of a bill is not invalidated by the fact that at the time the 
rule was reported, the bill was not on the Calendar (VIII, 2259). 

The privilege of the Committee on Ways and Means to report, "bills 
raising revenue" is broadly construed to cover bills relating to the 
revenue (IV, 3076, 4624, 4625). Likewise, a bill exempting profits 
on Treasury bills from taxation (VIII, 2281) and a proposition relating 
to the number of internal revenue collectors and collection districts 
(VIII, 2233) were held to be privileged under the rule, and if the major 
feature of the bill relates to revenue other matters in the bill not relat- 
ing to the revenue but incidental to its main purpose do not destroy 
the privilege (VIII, 2280). A bill providing for a tariff commission 
(IV, 4626), a declaratory resolution on a subject relating to the rev- 
enue (IV, 4626, 4627) , a bill extending the time of payment of a debt 
incurred by Austria for the purchase of flour from the United States 
(VIII, 2278), a bill amending the drug importation act (VIII, 2279); 
and a bill permitting the admission under parcel post of cigars and 
cigarettes in smaller packages (VIII, 2280) were held not to be within 
the privilege. In order to come within the privilege the bill must 
show on its face that it relates to the revenue (VIII, 2280). 

The right of the Committee on Appropriations to report at any 
time is confined strictly to general appropriation bills (IV, 4629-4632; 
VIII, 2282-2284) and does not include appropriations for specific 
purposes (VIII, 2285) or resolutions extending appropriations (VIII, 
2282-2284). 

The right of the Committee on Interior and Insular Affairs to report 
at any time permits the including of matters necessary to accomplish- 
ment of the purposes for which privilege is given (IV, 4633, 4637- 
4639; VIII, 2288-2990; May 21, 1958, p. 9216). 

Reports from the Committee on House Administration authorizing 
appropriations from the Treasury directly for compensation of em- 
ployees (IV, 4645) or fixing the salaries of employees are not privileged 
(VIII, 2302). 

[359] 



RULES OP THE HOUSE OF REPRESENTATIVES 
729-730. Rule XI. 

The privilege of the Committee on Public Works is confined to the 
improvement of rivers and harbors, and provisions for the improve- 
ment of canals or artificial waterways are not privileged (VIII, 2287). 

The term "general pension bills" is construed to mean bills or legisla- 
tion general in character, such as extending the provisions of the pension 
laws to an additional class, as distinguished from bills of a private 
character (VIII, 2291, 2292), and was held to include a bin authorizing 
monthly payment of pensions in lieu of quarterly payments (VIII, 
2291). 

22. It shall always be in order to call up for con- 
j 729. Privilege of sldcratlon a report from the Committee 
reports from on Rules (except it shall not be called 
RouTJd 011 up for consideration on the same day 

limitations thereon. ^ ^ presente( l to ^ HoUSC, UllleSS SO 

determined by a vote of not less than two-thirds of 
the Members voting, but this provision shall not 
apply during the last three days of the session), and, 
pending the consideration thereof, the Speaker may 
entertain one motion that the House adjourn; but 
after the result is announced he shall not entertain 
any other dilatory motion until the said report shall 
have been fully disposed of. The Committee on 
Rules shall not report any rule or order which shall 
provide that business under paragraph 7 of rule 
XXIV shall be set aside by a vote of less than two- 
thirds of the Members present; nor shall it report 
any rule or order which shall operate to prevent the 
motion to recommit being made as provided in para- 
graph 4 of rule XVI. 

The Committee on Rules, "by uniform practice of the House," 
730 exercised the privilege of reporting at any time as 

early as 1888. The right to report at any time is 
confined to privileged matters (VIII, 2255). This was probably the 
survival of a practice which existed as early as 1853 of giving the 
privilege of reporting at any time to this committee for a session (IV, 
4650). In 1890 the committee was included among the committees 

[360] 



RULES OP THE HOUSE OF REPRESENTATIVES 
Rule XL 731-732. 

whose reports were privileged by rule. The present rule was adopted 
in 1892 (IV, 4621), amended on March 15, 1909, and the matter in 
parentheses was adopted January IS, 1924, p. 1139, 1141, 

Although highly privileged, a report from the Committee on Rules 
yields to questions of privilege (VIII, 3491), and is not in order after 
the House has voted to go into Committee of the Whole (V, 6781). 
Also a conference report has precedence of it, even when the yeas and 
nays and previous question have been ordered (V, 6449). Formerly 
if a report from the Committee on Rules contained substantive propo- 
sitions, a separate vote could be had on each proposition (VIII, 2271, 
2272, 2274, 3167) ; but these decisions were nullified by the adoption 
of the proviso to clause 6 of Rule XVI. 

In the later practice it has been held that the question of considera- 
tion may not be raised against a report from the 
731. Consideration Committee on Rules (V, 4961-4963; VIII, 2440, 
cannot be raised. 2441). The clause forbidding dilatory motions has 
been construed strictly (V, 5740-5742), and the motion to commit after 
the ordering of the previous question has been excluded in the later 
practice (V, 5593-5601; VIII, 2270, 2750), as have appeals and motions 
to reconsider (V, 5739). 

A motion to recommit a special rule from the Committee on Rules is 
not in order (VIII, 2270, 2753). 

A special rule providing that a House bill with Senate amendments 
shall be taken from the Speaker's table, Senate amendments disagreed 
to, conference agreed to, and that the Speaker shall without intervening 
motion appoint conferees, is not in violation of clause 22 of Rule 
XI, since the motion to recommit may be made on the conference 
report (VIII, 2266). 

But where the provision of the resolution is to ask for a conference, 
giving the Senate the right of first acting on the conference report, and 
providing for the appointment of the conferees without intervening 
motion, such resolution would be in contravention of the rule because 
the Senate might reject the conference report, thereby denying the 
minority of the House any opportunity of making a motion to recom- 
mit (VIII, 2264). 

While the Committee on Rules is forbidden to report special orders 
abrogating the Calendar Wednesday Rule or excluding the motion to 
recommit after the previous question, a resolution making possible 
that ultimate result was held in order (VIII, 2267). 

23. The Committee on Rules shall present to the 

House reports concerning rules, joint 

732 " rules, and order of business, within 

three legislative days of the time when ordered 

[361] 



RULES OF THE HOUSE OF REPRESENTATIVES 
733. Rule XL 

reported by the committee. If such rule or order 
is not considered immediately, it shall be referred 
to the calendar and, if not called up by the 
Member making the report within seven legis- 
lative days thereafter, any member of the Rules 
Committee may call it up as a question of privilege 
and the Speaker shall recognize any member of the 
Rules Committee seeking recognition for that pur- 
pose. If the Committee on Rules shall make an 
adverse report on any resolution pending before the 
committee, providing for an order of business for the 
consideration by the House of any public bill or joint 
resolution, on days when it shall be in order to call 
up motions to discharge committees it shall be in 
order for any Member of the House to call up for 
consideration by the House any such adverse report, 
and it shall be in, order to move the adoption by the 
House of said resolution adversely reported not- 
withstanding the adverse report of the Committee 
on Rules, and the Speaker shall recognize the 
Member seeking recognition for that purpose as a 
question of the highest privilege. 

This paragraph was adopted January 18, 1924, amended December 
8, 1931 (VIII, 2268), January 3, 1949, p. 10, and January 3, 1951, p. 18. 

24. The Committee on House Administration shall 
733. Election make final report to the House in all 
contests. contested-election cases not later than 

six months from the first day of the first regular ses- 
sion of the Congress to which the contestee is elected 

[362] 



KUUES OF THE HOUSE OF KEPKESENTATIVES 
Bnle XL 734. 

except in a contest from the Territory of Alaska, in 
which case the time shall not exceed nine months. 

The wording of this rule was made effective January 2, 1947, as a 
part of the Legislative Reorganization Act of 1946 (60 Stat. 812). It 
is the same rule as before with the exception that "Committee on House 
Administration" has been inserted instead of "Committee on Elec- 
tions" (VIII, 2277). The rule was construed to be directory and not 
mandatory in that it did not prevent the consideration of an election 
contest reported by a Committee after the six months' period had 
expired (Speaker Bankhead, August 13, 1937, p. 8845). 

25. Each standing committee of the House (other 
& 734. committee *h&& *^ e Committee on Appropriations) 
meetings. shall fix regular weekly, biweekly, or 

monthly meeting days for the transaction of business 
before the committee, and additional meetings may 
be called by the chairman as he may deem necessary 
and each such committee shall meet to consider any 
bill or resolution pending before it (a) on all regular 
meeting days selected by the committee; (b) upon 
the call of the chairman of the committee; (c) if the 
chairman of the committee, after three days' con- 
sideration refuses or fails, upon the request of at 
least three members of the committee, to call a 
special meeting of the committee within seven calen- 
dar days from the date of said request, then upon the 
filing with the clerk of the committee of the written 
and signed request of a majority of the committee 
for a called special meeting of the committee, the 
committee shall meet on the day and hour specified 
in said written request. It shall be the duty of the 
clerk of the committee to notify all members of the 

[363] 



EULES OF THE HOUSE OF REPRESENTATIVES 
735. Rule XL 

committee in. the usual way of such called special 
meeting. 

This paragraph was adopted December 8, 1931 (VIII, 2208) and 
amended January 3, 1953, p. 24. The rule now combines the old rule 
and Sec. 133 (a) of the Legislative Reorganization Act of 1946 (60 
Stat. 812). 

A committee scheduled to meet on stated days, when convened on 
such day with a quorum present may proceed to the transaction of 
business regardless of the absence of the chairman (VIII, 2213, 2214). 

A committee meeting being adjourned by the chairman for lack of a 
quorum, a majority of the members of the committee may not, without 
the consent of the chairman, call a meeting of the committee on the 
same day (VIII, 2213). 

26. (a) The rules of the House are the rules of its 
committees so far as applicable, except 

735. Rules of , . j? i , 

committee that a motion to recess from day to 

Procedure. fay fe ft mo ^i On O f high privilege ]D 

committees. Committees may adopt additional rules 
not inconsistent therewith. 

This paragraph was adopted December 8, 1931 (VIII, 2215) and 
amended March 23, 1955, pp. 3569, 3585. 

A committee may adopt rules under which it will exercise its functions 
(I, 707; III, 1841, 1842; VIII, 2214) and may appoint subcommittees 
(VI, 532) which should include majority and minority representation 
(IV, 4551) and confer on them powers delegated to the committee 
itself (VI, 532) but express authority is given subcommittees by the 
House (III, 1754-1759, 1801, 2499, 2504, 2508, 2517; IV, 4548). 

(b) Each committee shall keep a complete record 
of all committee action. Such record shall include 
a record of the votes on any question on which a 
record vote is demanded. 

This provision from Sec. 133 (b) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules January 
3, 1953, p. 24. 

(c) All committee hearings, records, data, charts, 
and files shall be kept separate and distinct from the 

[364] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XL 735. 

congressional office records of the Member serving 
as chairman of the committee; and such records shall 
be the property of the House and all Members of the 
House shall have access to such records. Each com- 
mittee is authorized to have printed and bound 
testimony and other data presented at hearings held 
by the committee. 

This provision from Sec. 202 (d) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules Janu- 
ary 3, 1953, p. 24. 

(d) It shall be the duty of the chairman of each 
committee to report or cause to be reported promptly 
to the House any measure approved by his committee 
and to take or cause to be taken necessary steps to 
bring the matter to a vote. 

This provision from Sec. 133 (c) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules Janu- 
ary 3, 1953, p. 24. It is sufficient authority for the chairman to call 
up a bill on Calendar Wednesday (Speaker Rayburn, Feb. 22, 1950, 
p. 2162). 

(e) No measure or recommendation shall be re- 
ported from any committee unless a majority of the 
committee were actually present. 

This provision from Sec. 133 (d) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules 
January 3, 1953, p. 24. 

The point of order that a bill was reported from a committee without 
a formal meeting and a quorum present comes too late if debate has 
started on the bill in the House (VIII, 2223; Feb. 24, 1947, p. 1374). 

(f) Each committee shall, so far as practicable, 
require all witnesses appearing before it to file in 
advance written statements of their proposed testi- 

[365] 



RULES OF THE HOUSE OF REPRESENTATIVES 
736. Hale XI 

mony, and to limit their oral presentation to brief 
summaries of their argument. The staff of each com- 
mittee shall prepare digests of such statements for 
the use of committee members. 

This provision from Sec. 133 (e) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules 
January 3, 1953, p. 24. 

(g) All hearings conducted by standing committees 
or their subcommittees shall be open to the public, 
except executive sessions for marking up bills or for 
voting or where the committee by a majority vote 
orders an executive session. 

This provision from Sec. 133 (f) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules 
January 3, 1953, p. 24 

(h) Each committee may fix the number of its 
members to constitute a quorum for taking testi- 
mony and receiving evidence, which shall be not 
less than two. 

This paragraph was adopted March. 23, 1955, pp. 3569, 3585. 

Alleged perjurious testimony elicited from a witness during a period 
when less than a quorum of the committee was in attendance is not 
perjury, for under such circumstances the committee is not a "com- 
petent tribunal" (Christoffel v. U. S., 338 U. S. 84). 

(i) The chairman at an investigative hearing shall 
announce in an opening statement the subject of 
the investigation. 

This paragraph was adopted March 23, 1955, pp. 3569, 3585. 

(j) A copy of the committee rules, if any, and 
paragraph 26 of rule XI of the House of Repre- 
sentatives shall be made available to the witness. 

This paragraph was adopted March 23, 1955, pp. 3569, 3585. 

[366] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Hole XL 735. 

(k) Witnesses at investigative hearings may be 
accompanied by their own counsel for the purpose 
of advising them concerning their constitutional 
rights. 

This paragraph was adopted March 23, 1955, pp. 3569, 3585. 

(1) The chairman may punish breaches of order 
and decorum, and of professional ethics on the 
part of counsel, by censure and exclusion from the 
hearings; and the committee may cite the offender 
to the House for contempt. 

This paragraph was adopted March 23, 1955, pp. 3569, 3585. 

(m) If the committee determines that evidence 
or testimony at an investigative hearing may tend 
to defame, degrade, or incriminate any person, it 
shall 

(1) receive such evidence or testimony in 
executive session; 

(2) afford such person an opportunity vol- 
untarily to appear as a witness; and 

(3) receive and dispose of requests from 
such person to subpena additional witnesses. 

This paragraph was adopted March 23, 1955, pp. 3569, 3585. 

(n) Except as provided in paragraph (m), the 
chairman shall receive and the committee shall dis- 
pose of requests to subpena additional witnesses. 

This paragraph was adopted March 23, 1955, pp. 3569, 3585. 

(o) No evidence or testimony taken in executive 
session may be released or used in public sessions 
without the consent of the committee. 

This paragraph was adopted March 23, 1955, pp. 3569, 3585. 

[367] 



RULES OF THE HOUSE OF REPRESENTATIVES 
736, 737. Rule XL 

(p) In the discretion of the committee, witnesses 
may submit brief and pertinent sworn statements in 
writing for inclusion in the record. The committee 
is the sole judge of the pertinency of testimony and 
evidence adduced at its hearing. 

This paragraph was adopted March 23, 1955, pp. 3569, 3585. 

(q) Upon payment of the cost thereof, a witness 
may obtain a transcript copy of his testimony given 
at a public session or, if given at an executive session, 
when authorized by the committee. 

This paragraph was adopted March 23, 1955, pp. 3569, 3585. 

27. To assist the House in appraising the admin- 
736. Legislative istration of the laws and in developing 
^dtM such amendments or related legislation 

as it may deem necessary, each standing committee 
of the House shall exercise continuous watchfulness 
of the execution by the administrative agencies con- 
cerned of any laws, the subject matter of which is 
within the jurisdiction of such committee; and, for 
that purpose, shall study all pertinent reports and 
data submitted to the House by the agencies in the 
executive branch of the Government. 

This provision from Sec. 136 of the Legislative Reorganization Act 
of 1946 (60 Stat 812) was made a part of the standing rules January 3, 
1953, p. 24. 

28 (a). Each standing committee (other than the 
737. committee Committee on Appropriations) is au- 
staffs - thorized to appoint by majority vote 

of the committee not more than four professional 
staff members in addition to the clerical staffs on a 
permanent basis without regard to political affilia- 
tes] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XL 737. 

tions and solely on the basis of fitness to perform the 
duties of the office; and said staff members shall be 
assigned to the chairman and ranking minority mem- 
ber of such committee as the committee may deem 
advisable. Services of professional staff members 
may be terminated by majority vote of the com- 
mittee. Professional staff members shall not engage 
in any work other than committee business and no 
other duties may be assigned to them. 

This provision from Sec. 202 (a) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules Jan- 
uary 3, 1953, p. 24. Additional clerks of committees are authorized 
by the Committee on House Administration and agreed to by the 
House, and session clerks are assigned to committees by similar action 
(IV, 4535). 

There is no legal power to fill a vacancy in the clerkship of a com- 
mittee after one Congress has expired and before the next House has 
been organized (IV, 4539). 

An assault upon the clerk of a committee within the walls of the 
Capitol was held to be a breach of privilege (LI, 1629) . 

The pay of clerks has been the subject of several decisions (IV, 
4536-4538). 

(b) The clerical staff of each standing committee, 
which shall be appointed by a majority vote of the 
committee, shall consist of not more than six clerks, 
to be attached to the office of the chairman, to the 
ranking minority member, and to the professional 
staff, as the committee may deem advisable. The 
clerical staff shall handle committee correspondence 
and stenographic work, both for the committee staff 
and for the chairman and ranking minority member 
on matters related to committee work. 

This provision from Sec. 202 (c) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules 
January 3, 1953, p. 24. 

[369] 



RULES OF THE HOUSE OF REPRESENTATIVES 
738. Bute XL 

(c) The professional staff members of the standing 
committees shall receive annual compensation, to be 
fixed by the chairman, ranging from $5,000 to $8,880 
and the clerical staff shall receive annual compensa- 
tion up to $8,880. 

This provision from Sec. 202 (e) of the Legislative Reorganization 
Act of 1946, made a part of the standing rules January 3, 1953, p. 24, 
was amended on August 5, 1955 (2 U. S. C. 72a (e), and on June 20, 
1958, 72Stat. 209). 

(d) Subject to appropriations hereby authorized, 
the Committee on Appropriations may appoint such 
staff, in addition to the clerk thereof and assistants 
for the minority, as it by majority vote determines 
to be necessary, such personnel, other than minority 
assistants, to possess such qualifications as the com- 
mittee may prescribe. 

This provision from Sec. 202 (b) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules 
January 3, 1953, p. 24. 

(e) No committee shall appoint to its staff any 
experts or other personnel detailed or assigned from 
any department or agency of the Government, except 
with the written permission of the Committee on 
House Administration. 

This provision from. Sec. 202 (f) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules 
January 3, 1953, p. 24. 

29. Each committee shall report to the Clerk of 
*ke ^ ouse wfthin- fifteen days after 
December 31 and June 30 of each year 
the name, profession, and total salary of each person 
employed by such committee or any subcommittee 
thereof daring the period covered by such report, 
and shall make an accounting of funds made available 
to and expended by such committee or subcommittee 

[8?0] 



RULES OF THE HOUSE OP REPRESENTATIVES 

739,740. 

during such period, and such information when re- 
ported shall be published in the Congressional Record. 

This provision from Sec. 134 (b) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules January 
3, 1953, p. 24. 

30. No committee of the House, except the Com- 
5739. committees mittees on Government Operations, 
^L Rules, m and Un-American Activities, 
of House. shall sit, without special leave, while 

the House is in session. 

This clause had its origin in 1794, Exceptions were inserted for 
the Committee on Rules in 1893 (IV, 4546) and for the Committees 
on Government Operations and Un-American Activities on January 
3, 1953, p. 24. The clause was eliminated from Rule XI in the adoption 
of rules for the 80th Congress but remained effective as a part of the 
Legislative Reorganization Act of 1946, the applicable provisions of 
which were adopted as a part of the rules of the House. The present 
form was made a part of the standing rules January 3, 1953, p, 24. 

A request that a committee have leave to sit during sessions of the 
House has no privileged status in the order of business (IV, 4547). 
Leave for a committee to sit during sessions of the House does not 
release its members from liability to arrest during a call of the House 
(IV, 3020). The Speaker directed a bill stricken from the calendar 
where it was shown that the committee reporting it had sat during 
the session of the House without permission (Apr. 20, 1934, p. 7057). 



XII 

DELEGATES AND RESIDENT COMMISSIONER. 

The Delegate from Hawaii and the Resident Com- 
740. powers and missioner to the United States from 
Puerto Rico shaU be elected to serve as 
additional members on the Committees 
committee service, on Agriculture, Armed Services, and 
Interior and Insular Affairs, and the Delegate from 
Alaska shall be elected to serve as an additional 
member on the Committees on Agriculture, Armed 
Services, Merchant Marine and Fisheries, and In- 

[371] 



RULES OF THE HOUSE OF REPRESENTATIVES 
741. Rule XH- 

terior and Insular Affairs; and they shall possess in 
such committees the same powers and privileges as 
in the House, and may make any motion except to 
reconsider. 

The first form of this rule was adopted in 1871, and it was perfected 
by amendments in 1876, 1880, 1887, 1892 (II, 1297), January 2, 1947 
(Legislative Reorganization Act), August 2, 1949, p. 10618, and 
February 2, 1951, p. 883. 

Delegates are not usually appointed on committees other than those 

specified, but there have been instances (II, 1298), 

741 * and in one case a Delegate was made chairman of a 

select committee (II, 1299, 1303). In the later practice Delegates do 

not vote in committee (II, 1300, 1301; VI, 243). 

The law provides that on the floor of the House a Delegate may 
debate (II, 1290), and he may in debate call a Member to order (II, 
1295). He may make any motion which a Member may make except 
the motion to reconsider (II, 1291, 1292). A Delegate may make a 
point of order (VI, 240) . A Delegate has even moved an impeachment 
(II, 1303). He may be appointed a teller (II, 1302); but the law for- 
bids him to vote (II, 1290) . He has been recognized to object to the 
consideration of a bill (VI, 241), and has made reports for committees 
(July 1, 1958, p. 12870). The rights and prerogatives of a Delegate in 
parliamentary matters are not limited to legislation affecting his own 
territory (VI, 240). 

The office of Delegate was established by ordinance of the Conti- 
nental Congress and confirmed by a law of Congress (I, 400, 421). 
The nature of the office has been the subject of much discussion (I, 
400, 403, 473); and except as provided by law (I, 431, 526) the quali- 
fications of the Delegate have been a subject of much discussion (I, 
421, 423, 469, 470, 473). A territory or district must be organized 
by law before the House will admit a Delegate (I, 405, 407, 411, 412). 

At the organization of the House the Delegates are sworn (I, 400, 
401); but the Clerk does not put them on the roll (I, 61, 62). The 
privileges of the floor with the right to debate were extended to Resident 
Commissioners in the 60th Congress (VI, 244). Prior to the inde- 
pendence of the Philippines it was represented in the House by Resi- 
dent Commissioners. 

A Delegate resigns in a communication addressed to the Speaker (II, 
1304). He may be arrested and censured for disorderly conduct (II, 
1305), but there has been disagreement as to whether he should be 
expelled by a majority or two-thirds vote (I, 469) . 

The first form of the rule with reference to the Resident Commis- 
sioner was adopted in 1904 (II, 1306). The Act of May 17, 1932, 
changed the name of Porto Rico to Puerto Rico (48 U. S. C. 731a). 

[372] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Role HII. 742. 

RULE XIII. 

CALENDAES AND REPORTS OF COMMITTEES. 

1. There shall be three calendars to which all 
742. calendar, for business reported from committees 
report, of com- shall be referred, viz.: 
mitteea ' First. A Calendar of the Committee 

of the Whole House on the state of the Union, to 
which shall be referred bills raising revenue, gen- 
eral appropriation bills, and bills of a public char- 
acter directly or indirectly appropriating money or 
property. 

Second. A House Calendar, to which shall be 
referred all bills of a public character not raising 
revenue nor directly or indirectly appropriating 
money or property. 

Third. A Calendar of the Committee of the Whole 
House, to which shall be referred all bills of a private 
character. 

This rule was adopted in 1880 and amended in 1911 (VI, 742); but 
as early as 1820 a rule was adopted creating calendars for the Commit- 
tees of the Whole. Bills not requiring consideration in Committee of 
the Whole were considered when reported, but in 1880 the House 
Calendar was created to remedy the delays in making reports caused 
by such consideration (IV, 3115). Reference of bills to calendars is 
governed by text of bills as referred to committees and amendments 
reported by committees are not considered (VIII, 2392) . 

A motion to correct an error in referring a bill to the proper calendar 
presents a question of privilege (III, 2614, 2615); but a mere clerical 
error in the calendar does not give rise to such question (III, 2616). 
A bill improperly reported is not entitled to a place on the calendar 
(IV, 3117). 

A bill on the wrong calendar may be transferred to the proper 
calendar as of date of original reference by direction of the Speaker 
(VI, 744-748; VII, 859; VIII, 2406; December 7, 1950, p. 16307). 
But the speaker has no authority to change calendar reference made 

62581 H, Doc. 459, 86-2 25 [373} . 



RULES OP THE HOUSE OF REPRESENTATIVES 

5 743-745. RuIeXIH. 

by the House (VI, 749; VII, 859). Reports from the Court of Claims 
do not remain on the calendar from Congress to Congress, even when 
a law seems so to provide (IV, 3298-3302) . In determining whether 
a bill should be placed on the House or Union Calendar, clause 3 of 
Rule XXIII should be consulted. 

2. All reports of committees, except as provided 

" clause 21 of Rule XI > together 
with the views of the minority, shall 
be del i vered to the C lerk for printing 
and reference to the proper calendar under the direc- 
tion of the Speaker, in accordance with the foregoing 
clause, and the titles or subject thereof shall be 
entered on the Journal and printed in the Record: 
744 Adverse Provided, That bills reported adversely 
reports. shall be laid on the table, unless the 

committee reporting a bill, at the time, or any 
Member within three days thereafter, shall request 
its reference to the calendar, when it shall be referred, 
as provided in clause 1 of this rule. 

The requirement that reports shall be printed does not mean that the 
report must be printed before the matter reported is called up for action, 
except that printed committee hearings and reports must be available 
for Members three calendar days before consideration of general 
appropriation bills ( 848), and the fact that a report was not printed 
as originally made to the House does not prevent the consideration of 
the matter reported (VIII, 2307). 

Unless filed with the report, minority views may be presented only 
with the consent of the House (IV, 4600; VIII, 2231). Supplemental 
reports may be filed only by consent of the House (VIII, 2248). 

3. Whenever a committee reports a bill or a joint 

resolution repealing or amending any 
statute or part thereof it shall include 

in its report or in an accompanying document 
(1) The text of the statute or part thereof which 

is proposed to be repealed; and 

[374] 



ROTJES OP THE HOTTSE OF REPRESENTATIVES 
Rule SOI. 5 746. 

(2) A comparative print of that part of the bill or 
joint resolution making the amendment and of the 
statute or part thereof proposed to be amended, 
showing by stricken-through type and italics, parallel 
columns, or other appropriate typographical devices 
the omissions and insertions proposed to be made. 

This rule was adopted January 28, 1929 (VIII, 2234), and the section 
numbers were changed in the adoption of rules January 3, 1953, p. 24. 

In construing the rule requiring reports to show proposed changes in 
existing law, the bill as originally introduced governs, and committee 
amendments striking out such proposals are not considered (VIII, 
2242) . Failure of a committee report to comply with the rule may be 
remedied by supplemental report (VIII, 2247), but a supplemental 
report may be filed only by consent of the House (VIII, 2248) . Although 
a bill propose but one minor and obvious change in existing law, the 
failure of the report to indicate the change is hi violation of the rule 
(VIII, 2236). The statute proposed to be amended must be quoted 
in the report and it is not sufficient that it is incorporated in the bill 
(.VIII, 2238) . Under the rule the committee report on a bill amending 
existing law by the addition of a proviso should quote in full the sec- 
tion immediately preceding the proposed amendment (VIII, 2237). 
Bills held to be in violation of the rule are automatically recommitted 
to the respective committees reporting them (VIII, 2237, 2245, 2250) . 
A bill having been recommitted for failure to conform to the rule, 
further proceedings are de novo and the bill must again be considered 
and reported by the committee as if no previous report had been made 
(VIII, 2249) . Special orders pro viding for consideration of bills, unless 
specifically waiving points of order, do not preclude the point of order 
that reports on such bills fail to indicate proposed changes in existing 
law (VIII, 2245). The rule applies to appropriation bills where such 
bills include legislative provisions (VIII, 2241). In order to fall 
within the purview of the rule the bill must seek to repeal or amend 
specifically an existing law (VIII, 2235, 2239, 2240). The point of 
order that a report fails to comply with the rule is properly made when 
the bill is called up in the House and comes too late after the House 
has resolved into the Committee of the Whole for its consideration 
(VIII, 2243-2245). 

4. After a bill has been favorably reported and 
shall be upon either the House or 
Union Calendar any Member may file 
with the Clerk a notice that he desires 

[375] 



RULES OF THE HOUSE OF REPRESENTATIVES 
746. BuleXIIL 

such bill placed upon a special calendar to be known 
as the "Consent Calendar/' On the first and third 
Mondays of each month immediately after the read- 
ing of the Journal, the Speaker shall direct the Clerk 
to call the bills in numerical order, which have been 
for three legislative days upon the "Consent Calen- 
dar/' Should objection be made to the consideration 
of any bill so called it shall be carried over on the 
calendar without prejudice to the next day when the 
"Consent Calendar" is again called, and if objected 
to by three or more Members it shall immediately be 
stricken from the Calendar, and shall not thereafter 
during the same session of that Congress be placed 
again thereon: Provided, That no bill shall be called 
twice on the same legislative day. 

This rule was adopted March 15, 1909, amended January 18, 1924; 
December 7, 1925; December 8, 1931; April 23, 1932 (VII, 972). 

Bills must be on the printed calendar three legislative working days 
in order to be eligible for consideration (VII, 992, 994) . One Member 
having reserved the right to object to the consideration of a bill, any 
Member may object (VII, 999) . Before debate bills can be passed over 
on the calendar by unanimous consent but after discussion can not be 
passed over (VII, 996). When a House bill is on the Consent Calendar, 
by unanimous consent the House committee may be discharged from 
the consideration of a Senate bill on the same subject, and the Senate 
bill considered in lieu of the House bill (VII, 1004). 

When a bill is made a special order (IV, 3216-3224), or when unani- 
mous consent is given for its consideration (IV, 4823; VIII, 2393), the 
effect is to discharge the Committee of the Whole and bring the bill 
before the House itself for its consideration (IV, 3216; VII, 788), and 
in such event the bill is considered "in the House as in the Committee 
of the Whole" (VIII, 2393). Debate under such procedure may be 
had only under the five-minute rule (August 23, 1935, p. 14331; 
October 13, 1949, p. 144(52). The status of bills on the Consent 
Calendar is not affected by their consideration from another calendar 
and such bills may be called up for consideration from the Consent 

[376] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XIV. || 747-749. 

Calendar while pending as unfinished business in the House or Com- 
mittee of the Whole (VII, 1006). 

This rule does not preclude the Speaker from recognizing Members 
to suspend the rules before completion of the Consent Calendar (De- 
cided by House; VIII, 3405; also held by Speaker Clark, Oct. 5, 1914, 
p. 16182, and by Speaker Gillett, Sept. 4, 1919, p. 5128). Recognition 
to suspend the rules does not preclude the continuation of the call of 
the calendar later in the day (VII, 991). The call of the Consent 
Calendar on days devoted to its consideration takes precedence of 
the motion to go into the Committee of the Whole to consider revenue 
or appropriation bills (VII, 986), and a contested-election case may not 
supplant the call of the Calendar (VII, 988) . 

5. There shall also be a Calendar of Motions to 

747. Motion to Discharge Committees, as provided in 

J^STSLta clause 4 of Rule XXVII. 

p rinted 6. Calendars shall be printed daily. 

This rule was adopted in the Sixty-second Congress, April 5, 1911 
(VI, 743), and amended December 8, 1931, p. 10, 83. 

RULE XIV. 

OF DECORUM AND DEBATE. 

1. When any Member desires to speak or deliver 
749. obtaining s^ny matter to the House, he shall rise 
IndrS^c^^Td 6 "' an d respectfully address himself to 
decorum therein. "Mr. Speaker," and, on being recog- 
nized, may address the House from any place on the 
floor or from the Clerk's desk, and shall confine him- 
self to the question under debate, avoiding personality. 

This rule was adopted in 1880, but was made up, in its main provi- 
sions, from older rules, which dated from 1789 and 1811 (V, 4979). 

It is a general rule that a motion must be made before a Member 
may proceed in debate (V, 4984, 4985) , and this motion may be required 

[377] 



RULES OF THE HOUSE OF REPRESENTATIVES 

5750. Rule XIV. 

to be reduced to writing (V, 4986). The withdrawal of a motion pre- 
cludes further debate on it (V, 4989). But sometimes when a com- 
munication or a report has been before the House it has been debated 
before any specific motion has been made in relation to it (V, 4987, 
4988) . In a few cases, such as conference reports and reports from the 
Committee of the Whole, the motion to agree is considered as pending 
without being offered from the floor (IV, 4896; V, 6517). 

In presenting a question of personal privilege the Member is not 
required in the first instance to make a motion or offer a resolution, but 
such is not the rule in presenting a case involving the privileges of the 
House (III, 2546, 2547; VI, 565, 566, 580). Personal explanations 
merely are made by unanimous consent (V, 5065) . 

A motion must also be stated by the Speaker or read by the Clerk 
before debate may begin (V, 4982, 4983, 5304). 

A Member having the floor may not be taken off his feet by an 
ordinary motion, even the highly privileged motion 
750. intern^- to adjourn (V, 5369, 5370; VIII, 2646). He may 

tionofaMember not be deprived of the floor by a parliamentary 
in debate. inquiry (VIII, 2455-2458), a question of privilege 

(V, 5002; VIII, 2459), a motion that the committee 
rise (VIII, 2325), or a demand for the previous question (VIII, 2609), 
but he may be interrupted for a conference report (V, 6451 ; VIII, 3294). 
It is a custom also for the Speaker to request a Member to yield for 
the reception of a message. A Member may yield the floor for a 
motion to adjourn or that the Committee of the Whole rise without 
losing his right to continue when the subject is again continued (V, 
5009-5013). A Member may also resume his seat while a paper is 
being read in his time without losing his right to the floor (V, 5015). 
A Member who, having the floor, moved the previous question was 
permitted to resume the floor on withdrawing the motion (V, 5474). 
But a Member may not yield to another Member to offer an amend- 
ment without losing the floor (V, 5021, 5030, 5031; VIII, 2476), and a 
Member may not offer an amendment in time secured for debate only 
(VIII, 2474). A Member desiring to interrupt another in debate 
should address the Chair for permission of the Member speaking 
(V, 5006; VI, 193), but the latter may exercise his own discretion as 
to whether or not he will yield (V, 5007, 5008; VI, 193; VIII, 2463, 
2465). 



[378] 



RTJUES OF THE HOUSE OF REPRESENTATIVES 
Rule XIV. 751.753, 

The Speaker may of right speak from the Chair on questions of order 

751 Speaker in and b firSt heard (IT 1367 >> but Vh th ^ exception 

debate. he ma y speak from the Chair only by leave of the 

House and on questions of fact (II, 1367-1372). 
On occasions comparatively rare Speakers have called Members to 
the Chair and participated in debate, usually without asking consent 
of the House (II, 1367, 1368, 1371; III, 1950; V, 6097). 

It has always been held, and generally quite strictly, that in the 
752. Member must House the Member must confine himself to the 
confine himself to subject under debate (V, 5043-5048; VI, 576; 
the subject. vill, 2481, 2534). On a motion to amend the de- 

bate is confined to the amendment and may not include the general 
merits of the bill (V, 5049-5051). 

While the Speakers have entertained appeals from their decisions as 
to irrelevancy, they have held that s\ich appeals were not debatable 
(V, 5056-5063). 

In Committee of the Whole House on the state of the Union during 
general debate the Member need not confine himself to the subject 
(V, 5233-5238; VIII, 2590); but this privilege does not extend to the 
Committee of the Whole House (V, 5239; VIII, 2590). And in all cases 
the five-minute debate in Committee of the Whole is confined to the 
subject (V, 5240-5256; VIII, 2591), even on pro forma amendments 
(VIII, 2591). 

^ 2. When two or more Members rise 

powder at once, the Speaker shall name the 

recognition. Member who is first to speak; * * * 

This rule was adopted in 1789 (V, 4978). 

In the early history of the House, when business proceeded on presen- 
tation by individual Members, the Speaker recognized the Member 
who arose first; and in case of doubt there was an appeal from his 
recognition (II, 1429-1434). But as the membership and business of 
the House increased it became necessary to establish and adhere 
to a fixed order of business, and recognitions, instead of pertaining 
to the individual Member, necessarily came to pertain to the bill or 
other business which would be before the House under the rule regulat- 
ing the order of business. Hence the necessity that the Speaker should 
not be compelled to heed the claims of Members as individuals was 
expressed in 1879 in a report from the Committee on Rules, which 
declared that "in the nature of the case discretion must be lodged 
with the presiding officer" (II, 1424). And in 1881 the Speaker 

[379] 



RULES OF THE HOUSE OF REPRESENTATIVES 
754. Rule XIV. 

declined to entertain an appeal from his decision on a question of 
recognition (II, 1425-1428), establishing thereby a practice which 
continues (VI, 292; VIII, 2429, 2646, 2762). 

Although there is no appeal from the Speaker's recognition, he is not 

a free agent in determining who is to have the floor. 

754. Speaker IJT^ practice of the House establishes rules from 

fn^fi^tio^ 6 which he may not de P art - When the order of bu si- 
nreco m . ^^ brings before the House a certain bill he must 

first recognize, for motions of its disposition, the Member who repre- 
sents the committee which has reported it (II, 1447; VI, 306, 514). 
This is not necessarily the chairman of the committee, for a chairman 
who, in committee, has opposed the bill, must yield the prior recog- 
nition to a member of his committee who has favored the bill (II, 1449). 
Usually, however, the chairman has charge of the bill and is entitled 
at all stages to prior recognition for allowable motions intended to 
expedite it (II, 1452, 1457; VI, 296, 300). This principle does not, 
however, apply to the Chairman of the Committee of the Whole (II, 
1453). The Member who originally introduces the bill which a com- 
mittee reports has no claims to recognition as opposed to the claims of 
the members of the committee, but in cases where a proposition is 
brought directly before the House by a Member the mover is entitled 
to prior recognition for motions and debate (II, 1446, 1454; VI, 302-305, 
417; VIII, 2454, 3231). And this principle applies to the makers of 
certain motions. Thus, the Member on whose motion the enacting 
clause of a bill is stricken out in Committee of the Whole is entitled to 
prior recognition when the bill is reported to the House (V, 5337; VIII, 
2629), and in a case where a Member raised an objection in the joint 
meeting to count the electoral vote the Speaker recognized him first 
when the Houses had separated to consider the objection (III, 1956). 
But a Member may not, by offering a debatable motion of higher 
privilege than the pending motion, deprive the Member in charge of the 
bill of possession of the floor for debate (II, 1460-1463; VI, 290, 297- 
299; VIII, 2454, 3193, 3197, 3259). The Member in charge of the bill 
and having the floor may demand the previous question, although 
another Member may propose to offer a motion of higher privilege 
(VIII, 2684) ; but the motion of higher privilege must be put before the 
previous question (V, 5480; VIII, 2684). The fact that a Member has 
the floor on one matter does not necessarily entitle him to prior recogni- 
tion on a motion relating to another matter (II, 1464) . It is because the 
Speaker is governed by these usages that he often asks, when a Member 
seeks recognition, "For what purpose does the gentleman rise?" By 

[380] 



RULES OP THE HOUSE OF REPRESENTATIVES 
Rule XIV. 755-757. 

this question he determines whether the Member proposes business or a 
motion which is entitled to precedence and he may deny recognition 
(VI, 289-291, 293) and from such denial there is no appeal (VI, 292; 
VIII, 2429, 2646, 2762). 

When an essential motion made by the Member in charge of the bill 
is decided adversely the right to prior recognition 
755. Loss of right passes to the Member leading the opposition to the 
MlmSrch^e. motion (IT, 1465-1468; VI, 308). The control of the 
measure passes under this principle when the House 
disagrees to the recommendation of the committee reporting the bill 
(II, 1469-1472), when the Committee of the Whole reports a bill 
adversely (IV, 4897; VIII, 2430), when the motion for the previous 
question is rejected (VI, 308), and in most cases, when the House 
disagrees to a conference report (II, 1473-1477; V, 6396) . But the mere 
defeat of an amendment proposed by the Member in charge does not 
cause right to prior recognition to pass to the opponents (II, 1478, 
1479), and the invalidation of a conference report on a point of order, 
while equivalent to its rejection by the House, does not give the Member 
raising the question of order the right to the floor (VIII, 3284) and 
exerts no effect on the right to recognition (VI, 313). 

In debate the members of the committee except the Committee 
756. Prior right of the Whole (II, 1453) are entitled to priority of 
of Members of the recognition for debate (II, 1438, 1448; VI, 306, 307), 
committee to recog- but a motion to lay a proposition on the table is in 
nition for debate. order before the Member entitled to prior recogni- 
tion for debate has begun his remarks (V, 5391-5395; VI, 412; VIII, 
2649, 2650). 

In recognizing for general debate the Chair alternates between those 
favoring and those opposing the pending matter, preferring members 
of the committee reporting the bill (II, 1439-1444). When a member 
of the committee has occupied the floor in favor of a measure a Member 
opposing should be recognized next, even though he be not a member 
of the committee (II, 1445). The principle of alternation is not in- 
sisted on rigidly where a limited time is controlled by Members, as in 
the "forty minutes" of debate on motions for suspension of the rules 
and the previous question (II, 1442). 

As to motions to suspend the rules, which are in order on two days 
757 Exce tions eacl1 montll > ^ e Speaker exercises a discretion to 
to the usages* n decline to recognize (V, 6791-6794, 6845; VIII, 

constraining the 3402-3404). He also may decline to recognize a 

Speakers to Member who desires to ask unanimous consent to 

recognitions. &e ^ aside the rules in order to consider a bill not other- 

[3811 



RULES OF THE HOUSE OF REPRESENTATIVES 
758, 760. Rul * XIV, 

wise in order, this being the way of signifying his objection to the 
request. But this authority does not extend to proceedings under 
Rule XIII. cl. 4. 

2. * * * and no Member shall occupy more 
758. The hour than one hour in debate on any ques- 
ruie in debate. t on ^ ^e House or in committee, 
except as further provided in this rule. 

This rule dates from 1841, when the increase of membership had 
made it necessary to prevent the making of long speeches which some- 
times occupied three or four hours each (V, 4978) . 

It applies to debate on a question of privilege, as well as to debate 
on other questions (V, 4990; VIII, 2448); and when the time of debate 
has been placed within the control of those representing the two sides 
of a question it must be assigned to Members in accordance with this 
rule (V, 5004, 5005; VIII, 2462). 

3. The Member reporting the measure under con- 

sideration from a committee may open 

759. The opening 1 j i 1 T 

and dosing of and close, where general debate has 
debate. been had thereon; and if it shall ex- 

tend beyond one day, he shall be entitled to one hour 
to close, notwithstanding he may have used an hour 
in opening. 

This rule was adopted in 1847 and perfected in 1880 (V, 4996) . 
In the later practice this right to close may not be exercised after the 
previous question is ordered (V, 4997-5000). 

4. If any Member, in speaking or otherwise, trans- 
TGO. The cau gress the rules of the House, the Speaker 
to order. shall, or any Member may, call him to 
order; in which case he shall immediately sit down, 
unless permitted, on motion of another Member, to 
explain, and the House shall, if appealed to, decide 
on the case without debate; if the decision is in favor 

[382] 



RULES OF THE HOUSE OF HEPRESEOTATTVES 
Rule XIV. 761. 

of the Member called to order, he shall be at liberty 
to proceed, but not otherwise; and, if the case require 
it, he shall be liable to censure or such punishment as 
the House may deem proper. 

This rule was adopted in 1789, and amended in 1822 and 1880 
(V, 5175). 

Members transgressing the rules shall be called to order by the 
Speaker (VIII, 2481, 2521, 3479) or any Member ( 760; II, 1344; V, 
5154, 5161-5163, 5175, 5192); but except for naming him the Speaker 
may not otherwise censure or punish him (II, 1345; VI, 237). A 
Delegate may call a Member to order (II, 1295). 

When a Member is called to order under this rule it is the practice 
to test the opinion of the House by a motion "that the gentleman be 
allowed to proceed in order" (V, 5188, 5189; VIII, 2534;; but a motion 
that the Member be permitted to explain has been held to have 
precedence, even in a case where the words have been taken down 
(V, 5187). A Member called to order and held to be out of order 
loses the floor (V, 5196-5199) and may not proceed, even on yielded 
tune (V, 5147), but this does not prevent the offending Member from 
exercising his right to vote or to demand the yeas and nays (VIII, 2546) . 

The House has censured Members for disorderly words (II, 1253, 
1254, 1259, 1305; VI, 236). 

The display of exhibits, demonstrations, or other unusual adjuncts 
to debate by way of illustration is subject to the will of the House and 
any Member may object (VIII, 2452), and where objection is made the 
question is put to the House without debate (June 21, 1937, p. 6104). 

5. If a Member is called to order for words spoken 
76i. words *& debate, the Member calling him to 
taken down. order shall indicate the words excepted 

to, and they shall be taken down in writing at the 
Clerk's desk and read aloud to the House; but he 
shall not be held to answer, nor be subject to the 
censure of the House therefor, if further debate or 
other business has intervened. 



[383] 



ROTES OF THE HOUSE OF REPRESENTATIVES 
761. Rule XIV. 

This rule was adopted in 1837, with amendment in 1880. But in 1808 
the practice of writing down objectionable words had been established, 
and the rule was adopted to prevent the taking down of words after 
intervening business (V, 5177; VIII, 2536), but a Member on his feet 
and requesting recognition at the time, was recognized to demand that 
words be taken down, although brief debate had intervened, and a 
request that a Member uttering objectionable words yield does not 
forfeit the right to demand that the words be taken down (VIII, 2528). 

The words having been read from the desk, the Chair decides whether 
they are in order (II, 1249; V, 5163, 5169, 5187), and from his decision 
there is no appeal (V, 6944) . When a Member denies that the words 
taken down are the exact words used by himself, the question as to the 
words is put to the House for decision (V, 5179, 5180). After the 
Speaker has decided that words taken down are out of order, a motion 
that the Member be permitted to explain is in order before the motion 
that he be permitted to proceed is in order (V, 5187). 

When the disorderly words are spoken in the Committee of the 
Whole, they are taken down as in the House and read at the Clerk's 
desk, and the Committee rises automatically (VIII, 2533, 2538, 2539) 
and reports them to the House (II, 1257-1259, 1348). Action in the 
House on words taken down and reported from Committee of the 
Whole is limited to the words reported (VIII, 2528) ; and it is not in 
order as a question of privilege in the House to propose censure of a 
Member for disorderly words spoken in Committee of the Whole but 
not taken down or reported therefrom (V, 5202). Words so taken 
down may be withdrawn only by unanimous consent (VIII, 2528, 2538, 
2540, 2543, 2544). 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 Committee resumes its sitting without motion 
(VIII, 2539, 2541). 

In certain exceptional cases, as when disorderly words are part of an 
occurrence constituting a breach of privilege (II, 1657), or when a 
Member's language has been investigated by a committee (II, 1655), 
or when he has reiterated on the floor certain published charges (III, 
2637), or when he has uttered words alleged to be treasonable (II, 1252), 
the House has proceeded to censure or other action although business 
may have intervened. 



[384] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XIV. 762 f 763. 

6. No Member shall speak more than once to the 
762. Member to same question without leave of the 
^T^^ir* House, unless he be the mover, pro- 
question, poser, or introducer of the matter 
pending, in which case he shall be permitted to 
speak in reply, but not until every Member choosing 
to speak shall have spoken. 

This rule was adopted in 1789, and amended in 1840 (V, 4991). 

A Member who has spoken once to the main question may speak 
again to an amendment (V, 4993, 4994). It is too late to make the 
point that a Member has spoken already if no one claims the floor until 
he has made some progress in his speech (V, 4992). The right to close 
may not be exercised after the previous question has been ordered 
(V, 4997-5000). The right to close does not belong to a Member who 
has merely moved to reconsider the vote on a bill which he did not 
report (V, 4995) . The right of a contestant in an election case to close 
when he is permitted to speak in the contest has been a matter of 
discussion (V, 5001). 

7. While the Speaker is putting a question or 

addressing the House no Member shall 

763. Decorum of 

Members in the walk out of or across tne nail, nor, 
HaU " when a Member is speaking, pass be- 

tween him and the Chair; and during the session 
of the House no Member shall wear his hat, or 
remain by the Clerk's desk during the call of the 
roll or the counting of ballots, or smoke upon the 
floor of the House; and the Sergeant-at-Arms and 
Doorkeeper are charged with the strict enforcement 
of this clause. Neither shall any person be allowed 
to smoke upon the floor of the House at any time. 



[385] 



RULES OP THE HOUSE OF REPRESENTATIVES 

764. 765. Rule XV. 

This rule is made up of provisions adopted in 1789, 1837, 1871, and 
1896. Originally Members wore their hats during sessions, as in 
Parliament, and the custom was not abolished until 1837 (II, 1136). 

8. It shall not be in order for any Member to intro- 
duce to or to bring to the attention of the 

764. Gallery . . . 

occupants not to be House during its sessions any occupant 
minced. ^ the gaUeries o f t k e House; nor may 

the Speaker entertain a request for the suspension 
of this rule by unanimous consent or otherwise. 

This rule was adopted April 10, 1933 (VI, 197). 

RULE XV. 

ON CALLS OF THE ROLL AND HOUSE. 

1. Upon every roll call the names of the Members 
shall be called alphabetically by sur- 

765. Call of the 

roii for the name, except when two or more have 



same surname, in which case the 
name of the State shall be added; and if there be two 
such Members from the same State, the whole name 
shall be called, and after the roll has been once called, 
the Clerk shall call in their alphabetical order the 
names of those not voting; and thereafter the Speaker 
shall not entertain a request to record a vote or an- 
nounce a pair unless the Member's name has been 
noted under clause 3 of this rule. 

The first form of this rule was adopted in 1789, and amendments were 
added in 1870, 1880, and 1890 (V, 6046). 

The names of Members who have not been sworn are not entered on 
the roll from which the yeas and nays are called for entry on the Journal 
(V, 6048; VI, 638; VIII, 3122). 

[386] 



RULES OF TEDS HOUSE OF REPRESENTATIVES 
Rule XV. $765. 

Commencing in 1879 the Clerk, in calling the roll, called Members 
by the surnames with the prefix "Mr." instead of calling the full names 
(V, 6047), but since the Sixty-second Congress the practice has been 
discontinued in the interest of brevity (VIII, 3121). The Speaker's 
name is not on the voting roll and is not ordinarily called (V, 5970). 
When he votes his name is called at the close of the roll (V, 5965). 
In case of a tie which is revealed by a correction of the roll, he has 
voted after intervening business or even on another day (V, 5969, 
6061-6063; VIII, 3075). Where the Speaker through an error of the 
Clerk in reporting the yeas and nays announces a result different from 
that actually had, the status of the question is governed by the vote 
as recorded and subsequent announcement by the Speaker of the 
changed result is authoritative, or he may entertain a motion for cor- 
rection of the Journal in accordance with the vote as finally ascer- 
tained (VIII, 3162). 

A Member who has failed to respond when his name was called may 
not as a constitutional right demand that his vote be recorded before 
the announcement of the result (V, 6066-6068), even if he has refrained 
from voting because of a misunderstanding as to a pair (V, 6081; VIII, 
3069), or because his attention was distracted when his name was 
called (V, 6070) . But when a Member declares that he was listening 
when his name should have been called and failed to hear it, he is 
permitted to record his vote (V, 6071, 6072). In order to qualify to 
vote the Member must have been within the Hall (VIII, 3144), and 
listening (VIII, 3147-3150) when his name was called, and 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 determine 
whether he was in the Hall and listening when his name was called, 
and unless he answers categorically in the affirmative he may not vote 
(VIII, 3139-3142). Failure of the signal bells to announce a vote does 
not warrant repetition of the roll call (VIII, 3153-3155, 3157), and the 
Speaker does not take that fact into consideration in qualifying Mem- 
bers to vote after their names have been passed (VIII, 3156). The 
Speaker may not permit a Member to answer "present" at the con- 
clusion of a roll call (V, 6069; VIII, 3146), unless there be a question as 
to a quorum. Either before announcement of the result (V, 6064) or 
after such announcement (VIII, 3125), the Speaker may order the vote 
recapitulated (V, 6049, 6050; VIII, 3128). A Member may not change 
his vote on recapitulation if the result has been announced (VIII, 3124), 
but errors in the record of such votes may be corrected (VIII, 3125). 
A motion that a vote be recapitulated is not privileged (VIII, 3126). 

[387] 



RULES OF THE HOUSE OF REPRESENTATIVES 
766-768. Rule XV. 

Before the result of a vote has been finally and conclusively pro- 
nounced by the Chair, but not thereafter, a Mem- 

766. Changes .and ^ may change UQ yote (y> 593^593^ 



correction . ^ and a Member who 



has answered "present" may change it to "yea" or "nay" (V, 6060). 
But a vote given by a Member may not be withdrawn without leave 
of the House (V, 5930). 

When a vote actually given fails to be recorded (V, 6061-6063) the 
Member may, before the approval of the Journal, demand as a matter 
of right that correction be made (V, 5969; VIII, 3143). But state- 
ments of other members as to alleged errors in a recorded vote must 
be very definite and positive to justify the Speaker in ordering a 
change of the roll (V, 6064, 6099). 

When once begun the roll call may not be interrupted even by a 
motion to adjourn (V, 6053; VIII, 3133), a parlia- 
f ? th *!f? tions mentary inquiry (VIII, 3132) , a question of personal 
' privilege (V, 6058, 6059; VI, 554, 564), the arrival of 

the time fixed for another order of business (V, 6056) or for a recess 
(V, 6054, 6055; VIII, 3133), or the presentation of a conference report 
(V, 6443) . But it is interrupted for the reception of messages and by 
the arrival of the hour fixed for adjournment sine die (V, 6715-6718). 
Incidental questions arising during the roll call, such as the refusal of a 
Member to vote (V, 5946-5948), are considered after the completion 
of the call and before the announcement of the vote (V, 6059). The 
rules do not preclude a Member from announcing after a record vote 
on which he failed to answer, how he would have voted if present 
(Speaker ftayburn, June 27, 1957, p. 10521; contra VIII, 3151), but 
neither the rules nor the practice permit a Member to announce 
after a record vote how absent colleagues would have voted if present 
(VI, 200; April 3, 1933, p. 1139; April 28, 1933, p. 2587; May 20, 
1933, p. 3834; March 16, 1934, p. 4691, 4700; April 14, 1937, p. 3489, 
3490; April 15, 1937, p. 3563). 

2. In the absence of a quorum, fifteen Members, 
768. The can of Deluding the Speaker, if there is one, 
the House m the shall be authorized to compel the at- 
tendance of absent Members, and in all 
calls of the House the doors shall be closed, the names 
of the Members shall be called by the Clerk, and the 
absentees noted; and those for whom no sufficient 

[388] 



RTJLES OF THE HOUSE OF EEPRESENTATTVES 
Rule XV. 769. 

excuse is made may, by order of a majority of those 
present, be sent for and arrested, wherever they may 
be found, by officers to be appointed by the Sergeant- 
at-Arms for that purpose, and their attendance se- 
cured and retained; and the House shall determine 
upon what condition they shall be discharged. Mem- 
bers who voluntarily appear shall, unless the House 
otherwise direct, be immediately admitted to the 
Hall of the House, and they shall report their names 
to the Clerk to be entered upon the Journal as present. 

The essential portions of this rule were adopted in 1789 and 1795, 
with minor amendments in 1888 and 1890 (IV, 2982). In times of 
obstruction it has not been found wholly efficient, and for most cases 
is superseded by clause 4 of this rule. 

Under this rule a call may not be ordered by less than 15, and with- 
out that number present the motion for a call is not 
769. Ordering entertained (IV, 2983). It must be ordered by 

and conducting majority vote, and a minority of 15 or more favoring 

the call. a call on such vote is not sufficient (IV, 2984). A 

quorum not being present no motion is in order 
but for a call of the House or to adjourn (IV, 2950, 2988; VI, 680), and 
at this stage the motion to adjourn has precedence over the motion 
for a call of the House (VIII, 2642). 

On the roll call the names of Members are called alphabetically by 
surname (V, 6046) . This roll call may not be interrupted by a motion 
to dispense with further proceedings under the call (IV, 2992), and a 
recapitulation of the names of those who appear after their names have 
been called may not be demanded (IV, 2993). But during proceedings 
under the call the roll may be ordered to be called again by those 
present (IV, 2991). 

During a call less than a quorum may revoke leaves of absence (IV, 
3003, 3004) and excuse a Member from attendance (IV, 3000, 3001), 
but they may not grant leaves of absence (IV, 3002) . The roll is some- 
times called for excuses, and motions to excuse are in order during this 
call (IV, 2997), but neither the motion to excuse nor an incidental ap- 
peal are debatable (IV, 2999). After the roll has been called for 
excuses and the House has ordered the arrest of those who are unex- 

62581 H. Doc. 459, 86-2 26 [389] 



RULES OF THE HOUSE OF REPRESENTATIVES 
770,771. Rule XV. 

cused, a motion to excuse an absentee is in order when he is brought to 
the bar (IV, 3012). 

An order of arrest for absent Members may be made after a single 
calling of the roll (IV, 3015, 3016), and a warrant 
770. Arrest of issues on direction of those present, such motion 
Members. having precedence of a motion to dispense with pro- 

ceedings under the call (IV, 3036). The Sergeant-at-Arms is required 
to arrest Members wherever they may be found (IV, 3017), and leave 
for a committee to sit during sessions does not release its Members 
from liability to arrest (IV, 3020). A motion to require the Sergeant- 
at-Arms to report progress in securing a quorum is in order during a 
call of the House (VI, 687). A Member who appears and answers is 
not subject to arrest (IV, 3019), and in a case where a Member com- 
plained of wrongful arrest the House ordered the Sergeant-at-Arms 
to investigate and amend the return of his warrant (IV, 3021). A 
Member once arrested having escaped it was held that he might not be 
brought back on the same warrant (IV, 3022) . 

The former practice of presenting Members at the bar during a call 
of, the House (IV, 3030-3035) is obsolete, and Members now report 
to the Clerk and are recorded without being formally excused unless 
brought in under compulsion (VI, 684). Those present on a call 
may prescribe a fine as a condition of discharge, and 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 (VI, 30, 198), but this penalty has been of rare 
occurrence (IV, 3013, 3014, 3025). Form of resolution for the arrest 
of Members absent without leave (VI, 686) . 

A call of the House is ended by adoption of a motion "to dispense 
with further proceedings under the call" (IV, 3036-3040). This 
motion is not entertained until a quorum responds on the call, but it 
has been held that after a quorum responds the motion may be agreed 
to by a vote of less than a quorum (IV, 3038, 3040; VI, 689). How- 
ever, such motion is not in order pending a motion for arrest (IV, 
3029, 3037). 

During the call, which in later practice has been invoked only in 
absence of a quorum, incidental motions may be 

durtaff a^r agreed to b y less ttLan a quorum (IV, 2994, 3029; 

VI, 681). This includes motions for the previous 
question (V, 5458), to reconsider and to lay the motion to reconsider 
on the table (V, 5607, 5608), to adjourn, which is in order even in the 
midst of the call of the roll for excuses (IV, 2998), and an appeal from 
a decision of the Chair (IV, 3010, 3037; VI, 681). The yeas and nays 

[390] 



RULES OF THE HOUSE OP REPRESENTATIVES 
Rule XV. |J 772, 778. 

may also be ordered (IV, 3010), but a question of privilege may not 
be raised unless it be something connected immediately with the pro- 
ceedings (III, 2545). Motions not strictly incidental to the call are 
not admitted, as for a recess (IV, 2995, 2996), to excuse a Member 
from voting even when otherwise in order (IV, 3007), to enforce the 
statute relating to deductions of pay of Members for absence (IV, 
3011; VI, 682), to construe a rule or make a new rule (IV, 3008), or to 
order a change of a Journal record (IV, 3009) . A motion for a call of 
the House is not debatable (VI, 683, 688). 

3. On the demand of any Member, or at the sug- 
gestion of the Speaker, the names of 

772. Count of zr . 

those not voting Members sufficient to make a quorum 



in the Hall of the House who do not 
cal1 - vote shall be noted by the Clerk and 

recorded in the Journal, and reported to the Speaker 
with the names of the Members voting, and be 
counted and announced in determining the presence 
of a quorum to do business. 

This rule was adopted hi 1890 (IV, 2905), but it merely put in form of 
rule a principle already established by a decision of the Chair (IV, 2895). 
It was much in use in the first years after its adoption (III, 2620; IV, 
2905-2907) ,* but with the decline of obstruction in the House and the 
adoption of clause 4 of this rule the necessity for its use has disappeared 
to a large extent, and the Speaker may direct the Clerk to note names 
of Members under this rule even on vote for which a quorum is not 
necessary (VIII, 3152). 

4. Whenever a quorum fails to vote on any ques- 
tion, and a quorum is not present and 

773. The call of , . ,. . -, * ^ , i 

the House in the objection is made for that cause, unless 
new form. ^ House shall adjourn there shall be a 

call of the House, and the Sergeant-at-Arms shall 
forthwith proceed to bring in absent Members, and 
the yeas and nays on the pending question shall at the 

[391] 



RULES OF THE HOTTSE OF REPRESENTATIVES 
773. Rule XV. 

same time be considered as ordered. The Clerk shall 
call the roll, and each Member as he answers to his 
name may vote on the pending question, and, after 
the roll call is completed, each Member arrested shall 
be brought by the Sergeant-at-Arms before the 
House, whereupon he shall be noted as present, dis- 
charged from arrest, and given an opportunity to 
vote and his vote shall be recorded. If those voting 
on the question and those who are present and 
decline to vote shall together make a majority of the 
House, the Speaker shall declare that a quorum is 
constituted, and the pending question shall be 
decided as the majority of those voting shall appear. 
And thereupon further proceedings under the call 
shall be considered as dispensed with. At any time 
after the roll call has been completed, the Speaker 
may entertain a motion to adjourn, if seconded by a 
majority of those present, to be ascertained by actual 
count by the Speaker; and if the House adjourns, all 
proceedings under this section shall be vacated. 

This rule was adopted in 1896 (IV, 3041; VI, 690). 

It applies only to votes wherein a quorum is required, and hence 
does not apply to an affirmative vote on a motion to adjourn (July 25, 
1949, p. 10092), or motions incidental to a call of the House which 
may be agreed to by less than a quorum (IV, 2994, 3029; VI, 681), or 
to a call when there is no question pending (IV, 2990). While a 
quorum is not required to adjourn a point of no quorum on a negative 
vote on adjournment, if sustained, precipitates a call of the House 
under the rule (VI, 700; June 4, 1951, p. 6097, 6098; June 15, 1951, 
p. 6621). 



[392] 



RULES OF THE HOUSE OF EEPEESENTATIVES 
Rule XVI. 774.775. 

Under this rule the roll is called over twice, and those appearing 
after their names are called may vote (IV, 3052). 
5? n ?H Ct f A m <rtion to adjourn may be made before the call 
be S ins ( IV > 305 )- After the roll has been called, 
and while the proceedings to obtain a quorum are 
going on, motions to excuse Members are in order (IV, 3051). The 
Sergeant-at-Arms is required to detain those who are present and bring 
in absentees (IV, 3045-3048), and he does this without the authority 
of a resolution adopted by those present (IV, 3049). There is doubt 
as to whether or not a warrant is necessary but it is customary for the 
Speaker to issue one on the authority of the rule (IV, 3043; VI, 702). 
When arrested, Members are arraigned at the bar, and either vote or 
are noted as present, after which they are discharged (IV, 3044). 
When a quorum fails to vote on a yea-and-nay vote on a motion which 
requires a quorum to be present, and a quorum is not present, the Chair 
takes notice of the fact, and unless the House adjourns, a call of the 
House is ordered by the Chair under this rule, and the vote is taken on 
the question de novo (IV, 3045, 3052; VI, 679). An automatic roll 
call results under this rule when the objection that a quorum is not 
present and voting is made after a viva voce vote (VI, 697) . 

RULE XVI. 

ON MOTIONS, THEIR PRECEDENCE, ETC. 

1. Every motion made to the House and enter- 
775. Motions tamed by the Speaker shall be reduced 
* writing on the demand of any Mem- 
k er ^ an d shall be entered on the Journal 
with the name of the Member making it, unless it is 
withdrawn the same day. 

This rule was made up in 1880 of old rules adopted in 1789 and 
1806 (V, 5300). 

Because of this rule it has been held not in order to amend or strike 
out a Journal entry setting forth a motion exactly as made (IV, 2783, 
2789). A motion not entertained is not entered on the Journal (IV, 
2813, 2844r-2S46). 



[393] 



RULES OF THE HOUSE OF REPRESENTATIVES 
5776.777. RnIeXVL 

2. When a motion has been made, the Speaker 
shall state it or (if it be in writing) 

776. Statin* and ^ &/ 

withdrawing of cause it to be read aloud by the Clerk 
motions. before being debated, and it shall then 

be in possession of the House, but may be withdrawn 
at any time before a decision or amendment. 

The provisions of this rule were adopted first in 1789. At that time 
a second was required for every motion, but in practice this require- 
ment became obsolete very early, and it was dropped from the rule 
in 1880 (V, 5304). 

The House always insists that the motion shall be stated or read 
before debate shall begin (V, 4983). It is the duty of the Speaker to 
put a motion in order under the rules and practice without passing on 
its constitutional effect (IV, 3550; VIII, 2225, 3031, 3071, 3427). 
In a case wherein a clerk presiding during organization of the House 
declined to put a question, a Member-elect put the question from the 
floor (I, 67). 

Under certain circumstances, a Member may make a double motion 
(V, 5637). 

Even after the affirmative side has been taken on a division the with- 
drawal of a motion has been permitted (V, 5348), 



pointment of tellers (V, 5349). While the House 
was dividing on a second of the previous question 
(this second is no longer required) on a motion to refer a resolution, 
the Member was permitted to withdraw the resolution (V, 5350) ; also 
a motion was once withdrawn after the previous question had been 
ordered on an appeal from a decision on a point of order as to the 
motion (V, 5356). A motion to suspend the rules may be withdrawn 
at any time before a second is ordered (V, 6844; VIII, 3405, 3419), even 
on another suspension day (V, 6844) but not after a second is ordered, 
except by unanimous consent (VIII, 3420). A motion may be with- 
drawn although an amendment may have been offered and be pending 
(V, 5347; VI, 373; VIII, 2639), and in the House an amendment, 
whether simple or in the nature of a substitute, may be withdrawn 
at any time before amendment or decision is had thereon (VI, 587; VIII, 
2332, 2764); but the rule is otherwise in Committee of the Whole (V, 
5221, 5753; VI, 570; VIII, 2465, 2859, 3405). 



[394] 



RUIjES OP THE HOUSE OF REPRESENTATIVES 
Bale XVI. 778,779. 

A "decision" which prevents withdrawal may consist of the ordering 
of the yeas and nays (V, 5353), either directly on the motion or on a 
motion to lay it on the table (V, 5354), the ordering of the previous 
question (V, 5355), or the demand therefor (V, 489), or the refusal to 
lay on the table (V, 5351, 5352; VIII, 2640). 

A Member having the right to withdraw a motion before a decision 
thereon has the resulting power to modify the motion (V, 5358). A 
motion being withdrawn, all proceedings on an appeal arising from a 
point of order related to it fell thereby (V, 5356). 

3. When any motion or proposition is made, the 
question, Will the House now consider 
questioner it? shall not be put unless demanded 

~ -*- by a Member. 

The question of consideration is an outgrowth of the practice of the 
House, and was in use as early as 1808, The rule was adopted in 1817 
in order to limit its use. It is the means by which the House protects 
itself from business which it does not wish to consider (V, 4936; VIII, 
2436). The refusal to consider does not amount to the rejection of 
a bill or prevent its being brought before the House again (V, 4940), 
and an affirmative vote does not prevent the question of consideration 
from being raised on a subsequent day when the bill is again called 
up as unfinished business (VIII, 2438). It has once been held that a 
question of privilege which the House has refused to consider may be 
brought up again on the same day (V, 4942). The question of con- 
sideration is not debatable (VIII, 2447). 

A Member may demand the question of consideration, although the 
Member in charge of the bill may claim the floor for 
779. Raising the debate (V, 4944, 4945; VI, 404); but after debate 
consideration. k* 8 begun the demand may not be made (V, 4937- 

4939). It has been admitted, however, after the 
making of a motion to lay on the table (V, 4943). The demand for 
the question of consideration may not be prevented by a motion for 
the previous question (V, 5478), but after the previous question is 
ordered it may not be demanded (V, 4965, 4966), even on another 
day, unless other business has intervened (V, 4967, 4968). The 
question of consideration being pending, a motion to refer is not in 
order (V, 5554). 

The intervention of an adjournment does not destroy the right to 
raise the question of consideration (V, 4946), but this right did not hold 

[395] 



EUUSS OF THE HOUSE OF REPRESENTATIVES 
780, 781. B*le XVI. 

good in a case where the yeas and nays had been ordered and the 
House had adjourned pending the failure of a quorum on the roll call 
(V, 4949). A question of consideration undisposed of at an adjourn- 
ment does not recur as unfinished business on a succeeding day (V, 
4947, 4948) . It is not in order to reconsider the vote whereby the House 
refuses to consider a bill (V, 5826, 5627). 

The question of consideration may be demanded against a matter of 
780. Questions tile ^ig 1168 * privilege, such as the right of a Member 
subject to the to his seat (V, 4941), a question involving the privi- 

questionof lege of the House (VI, 560), against the motion to 

consideration. reconsider (VIII, 2437), but not against a bill re- 

turned with the President's objections (V, 4960, 4970). It may not 
be raised against a proposition before the House for reference merely, 
as a petition (V, 4964). It may not be demanded against a class of 
business in order under a special order or rule, but may be demanded 
against each bill individually (IV, 3308, 3309; V, 4958, 4959). It may 
be raised against a bill which has been made a special order (IV, 
3175; V, 4953-^957), unless the order provides for immediate consider- 
ation (V, 4960) , and it may be raised against a bill on the Union Cal- 
endar on Calendar Wednesday before resolving into the Committee of 
the Whole even after one Wednesday has been devoted to it (VIII, 
24470 j but it may not be raised against a report from the Committee 
on Rules relating to the order of considering individual bills (V, 4961- 
4963; VIII, 2440, 2441). 

The question of consideration may not be raised on a motion relating 
to the order of business (V, 4971-4976; VIII, 2442; May 21, 1958, 
p. 9216) ; to a motion to discharge a committee (V, 4977) ; or against 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 (VIII, 2443). On a motion to go into Committee of the 
Whole to consider a bill the House expresses its wish as to consideration 
by its vote on this motion (V, 4973-4976; VI, 51; VIII, 2442; May 21, 
1958, p. 9216). 

A point of order which, if sustained, might prevent the consideration 
781. Relation of * a ^^ should be made and decided before the 
question of question of consideration is put (V, 4950, 4951; 

consideration to VIII, 2439), but if the point relates merely to the 

points of order. manner of considering, it should be passed on after- 

wards (V, 4950). In general, after the House has decided to consider^ 
a point of order raised with the object of preventing consideration, in 
whole or part, comes too late (IV, 4598; V, 4952, 6912-6914). 

[396] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XVI, $ 782, 783. 

4. When a question is under debate, no motion 
shall be received but to adjourn, to lay 

782. Precedence . J , . 

ofpnvfleged on the table, ior the previous question 

motions. (which motions shall be decided with- 

out debate), to postpone to a day certain, to refer, or 
to amend, or postpone indefinitely; which several 
motions shall have precedence in the foregoing order; 
and no motion to postpone to a day certain, to refer, 
or to postpone indefinitely, being decided, shall be 
again allowed on the same day at the same stage of 
the question. After the previous question shall have 
been ordered on the passage of a bill or joint resolu- 
tion one motion to recommit shall be in order, and 
the Speaker shall give preference in recognition for 
such purpose to a Member who is opposed to the bill 
or joint resolution. 

The first form of this rule appears in 1789; but amendments have 
been made at various times (V, 5301), including one on March 15, 1909 
(VIII, 2757). 

Its application is confined to cases wherein a question is "under 
debate" (V, 5379). It has been held that a question ceases to be 
"under debate" after the previous question has been demanded (V, 
5419). But with the exception of the motion to adjourn it is obvious 
that the motions specified in this rule can only be used when some 
question is " under debate." 

The motion to adjourn not only has the highest precedence when a 
question is under debate, but, with certain restric- 
tl n tions ' li has the hi S hest Privilege under all other 
conditions. Even questions of privilege (III, 2521), 
such as a motion privileged under the Constitution (VIII, 2641) and 
the motion to reconsider yield to it (V, 5605), and a conference report 
may defer it only until the report is before the House (V, 6451-6453). 
The motion may be made after the yeas and nays are ordered and 
before the roll call has begun (V, 5366), before the reading of the 

[397] 



RULES OF THE HOUSE OF REPRESENTATIVES 

5784,785. 

Journal (IV, 2757), or when the Speaker is absent and the Clerk is 
presiding (I, 228), and in the absence of a quorum has precedence over 
the motion for a call of the House (VIII, 2642) , and takes priority of a 
motion to dispense with further proceedings under the call (VIII, 2643). 
But the motion to adjourn may not interrupt a Member who has the 
floor (V, 5369, 5370; VIII, 2646), or a call of the yeas and nays (V, 
6053), or the actual act of voting by other means (V, 5360), or be 
made after the House has voted to go into Committee of the Whole 
(IV, 4728; V, 5367, 5368), or defer the right of a Member to take the 
oath (I, 622) ; and when no question is under debate it may not displace 
a motion to fix the day to which the House shall adjourn (V, 5381). 

When the House has fixed the hour of daily meeting, the motion to 
adjourn may not be amended (V, 5754) as by specifying a particular 
day (V, 5360) or hour (V, 5364), or by stating the purposes of adjourn- 
ment (V, 5371, 5372; VIII, 2647); but when the hour of daily meeting 
is not fixed, the motion to adjourn may fix it (V, 5362, 5363) . A motion 
to adjourn is in order in simple form only (VIII, 2647), is not debatable 
(V, 5359), is not in order in Committee of the Whole (IV, 4716), and is 
not entertained when the Committee of the Whole rises to report 
proceedings incident to securing a quorum (VI, 673; VIII, 2436). 
After the motion is made neither another motion nor an appeal may 
intervene before the taking of the vote (V, 5361). 

The motion to fix the day to which the House shall adjourn was 
784. Motion to fix formerly included within the rule as to precedence 
the day to which of motions, but with the motion for a recess was 
the House shall dropped because of the facility with which it was 
adjourn. ^^ ^ obstructive tactics (V, 5301, 5379) ; but such 

motion has been entertained where no objection was made (VIII, 2611). 
No question being under debate, a motion to fix the day to which the 
House should adjourn, already made, was held not to give way to a 
motion to adjourn (V, 5381). But if the motion to adjourn be made 
first, the motion to fix the day or for a recess is not entertained (V, 
5302) . The motion to fix the day is not debatable under the practice 
of the House (V, 5379, 5380; VIII, 2648, 3367). 

The motion to lay on the table is used in the House for a final, 

Motion to adverse disposition of a matter without debate (V, 

lay on the table. 5389 ) > and ^ ^ order before the Member entitled to 

prior recognition for debate has begun his remarks 

(V, 5391-5395; VIII, 2649, 2650). The motion is applicable to a 

motion to reconsider (VIII, 2652, 2659), motion to postpone to a day 

[398] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XVI. 785. 

certain (VIII, 2654, 2657), resolution presenting question of privilege 
(VI, 560), appeal from decision of the Chair (VIII, 3453), motion to 
discharge committee from resolution of inquiry (VI, 415), proposal to 
investigate with view to impeachment (VI, 541), concurrent resolution 
to adjourn sine die (March 27, 1936, p. 4512). But a question of 
privilege laid on the table may be taken therefrom on motion made 
and agreed to by the House (V, 5438). The motion to lay on the 
table has the precedence given it by the rule, but may not be made 
after the previous question is ordered (V, 5415-5422; VIII, 2655), or 
even after the yeas and nays have been ordered on the demand for the 
previous question (V, 5408, 5409). 

When a bill is laid on the table, pending motions connected therewith 
go to the table also (V, 5426, 5427) ; and when a proposed amendment 
is laid on the table the pending bill goes there also (V, 5423; VIII, 
2656), and this rule holds good as to a House bill with Senate amend- 
ments (V, 5424), but laying on the table the motion to postpone 
consideration of Senate amendments was held not to carry to the table 
pending motions for their disposition (VIII, 2657). The Journal does 
not accompany a proposed amendment to the table (V, 5435, 5436); 
the original question does not accompany an appeal (V, 5434); a 
resolution does not accompany another resolution with which it is 
connected, or a preamble (V, 5248, 5430); and a petition does not 
accompany the motion to receive it when the latter is laid on the table 
(V, 54315433) ; a bill does not accompany a motion to instruct con- 
ferees which is laid on the table (VIII, 2658). 

A motion to lay on the table a motion to reconsider the vote by 
which an amendment to a resolution had been agreed to would not 
carry the resolution to the table (VIII, 2652). 

The motion is not in order in Committee of the Whole (IV, 4719, 
4720; VIII, 2330, 2556a, 3455), or motions to go into the Committee 
of the Whole (VI, 726). It may not be amended (V, 5754) or applied 
to the motions for the previous question (V, 54105411), to suspend 
the rules (V, 5405), to commit after the previous question is ordered 
(V, 5412-5414; VIII, 2653, 2655), or to any motion relating to the 
order of business (V, 5403, 5404), except the motion to discharge a 
committee (V, 5407). In one instance the motion to lay on the table 
was applied to the ordinary motion to refer (V, 5433) ; but this seems 
out of harmony with the general trend of rulings, which indicate that 
the secondary or privileged motions for disposal of a matter should 
not be laid on the table. 



[399] 



RULES OF THE HOUSE OF KEPEESENTATIVES 
786,787. Rule XVi. 

As indicated in the rule, the motions to postpone are two in number 
and distinct: One to postpone to a day certain; the 
other to P st P ne ^definitely. Each must apply 
to the whole and not a part of the pending propo- 
sition (V, 5306). Neither may be entertained after the previous 
question is ordered (V, 5319-5321; VIII, 2616, 2617), or be applied 
to a special order providing for the consideration of a class of bills (V, 
4958); but when a bill comes before the House under the terms of a 
special order which assigns a day merely, a motion to postpone may 
be applied to the bill (IV, 3177-3182). Business postponed to a day 
certain is in order on that day immediately after the approval of the 
Journal and disposition of business on the Speaker's Table, unless dis- 
placed by more highly privileged business (VIII, 2614). It is not in 
order to postpone pending business to Calendar Wednesday (VIII, 
2614), but if so postponed by consent, when consideration is concluded 
on that "Wednesday, the remainder of the day is devoted to business 
in order under the Calendar Wednesday rule (VII, 970). The motion 
is not used in Committee of the Whole, but a motion that a bill be 
reported with the recommendation that it be postponed is in order 
in that committee (IV, 4765; VIII, 2372), is debatable (VIII, 2372), 
and is a preferential motion (VIII, 2372, 2615), but debate is confined 
to the advisability of postponement only (VIII, 2372). It has been 
held in order to postpone an appeal (VIII, 2613). A bill under con- 
sideration in the morning hour may not be made a special order by 
a motion to postpone to a day certain (IV, 3164). 

The motion to postpone to a day certain may not specify the hour 
(V, 5307). The motion may be amended (V, 5754; VIII, 2824). 
It is debatable within narrow limits only (V, 5309, 5310), the merits 
of the bill to which it is applied not being within those limits (V, 5311- 
5315; VIII, 2372, 2616, 2640). 

The motion to postpone indefinitely opens to debate all the merits 
of the proposition to which it is applied (V, 5316). It may not be 
applied to the motion to refer (V, 5317), to suspend the rules (V, 
5322), or motion to resolve into the Committee of the Whole (VI, 726), 
and it is reasonable to infer that it is equally inapplicable to the other 
secondary or privileged motions enumerated in the rule and to motions 
relating to the order of business. 

There are in the rules of the House two motions to refer: The ordi- 

5787 The motions nary mo ^ on provided for in this rule, and the spe- 

to refer. cial motion provided by the rule for the previous 

question (Rule XVII, cl. 1; V, 5569). The motion 

[400] 



RULES OF THE HOUSE OF REPRESENTATIVES 
RnleXVL $788. 

to refer is sometimes made by using the words "to commit" or "to 
recommit." ; but this change is one of form merely, and the three motions 
are practically the same (V, 5521; VIII, 2736). The motion may not 
be used in direct form in Committee of the Whole (IV, 4721; VIII, 
2326) . It may be made after the engrossment and third reading of a 
bill, even though the previous question may not have been ordered 
(V, 5562, 5563). 

The simple motion to refer is debatable within narrow limits (V, 
5054), but the merits of the proposition which it is proposed to refer 
may not be brought into the debate (V, 5564-5568; VI, 65, 549; VIII, 
2740). The motion to refer with instructions is debatable (V, 5561). 
But when the previous question is ordered on bill to final passage, 
motion to recommit is not debatable (V, 5561, 5582-5584; VIII, 
2741). 

The motion to refer may specify that the reference shall be to a select 
as well as a standing committee (IV, 4401) without 
re S ard for rules of Jurisdiction (IV, 4375; V, 5527) 
anc * mav P rov ^ e ^ r reference to another committee 
than that reporting the bill (VIII, 2696, 2736), or 
to the Committee of the Whole (V, 5552-5553), and even that the 
committee be endowed with power to send for persons and papers 
(IV, 4402). Unless the previous question is ordered the motion may 
be amended (VIII, 2712, 2738), in part (V, 5754); by substitute (VIII, 
2698, 2738, 2759) ; or by adding instructions (V, 5521, 5570, 5582-5584; 
VIII, 2695, 2762). The ordering of the previous question on a bill 
and all amendments to final passage precludes debate on a motion to 
recommit but does not exclude amendments to such motion (V, 5582; 
VIII, 2741) and unless the previous question is ordered on a motion to 
recommit with instructions, the motion is open to amendment, and a 
substitute striking out all of the proposed instructions and substituting 
others can not be ruled out as interfering with the right of the minority 
to move recommitment (VIII, 2759). It is not in order to propose 
as instructions anything that might not be proposed directly as an 
amendment (V, 5529-5541; VIII, 2705), such as to eliminate an 
amendment adopted by the House (VIII, 2712), or strike out an 
amendment which has been adopted and insert something in its 
place (VIII, 2715), or to amend an adopted amendment (VIII, 2720, 
2721, 2724). It has been a practice, however, to permit a motion to 
recommit with instructions that the committee report "forthwith," 
in which case the chairman makes report at once without awaiting 
action by the committee (V, 5545-5547; VIII, 2730), and the bill is 

[401] 



RTJUES OF THE HOUSE OF EEPKESEOTATIVES 
& 789-791. RuleXVL 

before the House for immediate consideration (V, 5550; VIII, 2735). 
If one motion to recommit is ruled out, a proper motion is admissible 
(VIII, 2736, 2760, 2761, 2763). The motion may be withdrawn in 
the House at any time before action or decision thereon (VIII, 2764). 
The simple motion to recommit and the motion to recommit -with 
instructions are of equal privilege and have no relative precedence 
(VIII, 2714, 2758, 2762). When a bill is recommitted it is before the 
committee as a new subject (IV, 4557; V, 5558), but the committee 
must confine itself to the instructions, if there be any (IV, 4404; V, 
5526). Where the House has recommitted a bill to a committee with 
instructions to report it back forthwith with certain amendments, the 
amendments must be adopted by the House after the report by the 
committee (VIII, 2734). 

The rule specifies that the motions to postpone and refer shall not be 
repeated on the same day at the same stage of the 
question (V, 5301, 5591; VIII, 2738, 2760). Under 
the practice, also, a motion to adjourn may be 
repeated only after intervening business (V, 5373; VIII, 2814), such as 
debate (V, 5374), the ordering of the yeas and nays (V, 5376, 5377), 
decision of the Chair on a question of order (V, 5378), or reception of 
a message (V, 5375). The motion to lay on the table may also be 
repeated after intervening business (V, 5398-5400) ; but the ordering 
of the previous question (V, 5709), a call of the House (V, 5401), or 
decision of a question of order have been held not to be such intervening 
business, it being essential that the pending matter be carried to a new 
stage in order to permit a repetition of the motion (V, 5709). 

5. The hour at which the House adjourns shall be 
790. Entry of hem- entered on the Journal. 

of adjournment on This rule was adopted in 1837, and amended in 

the Journal. 



6. On the demand of any Member, before the ques- 
791. Division of tion is put, SL question shall be divided 
the question. ft ft include propositions so distinct in 

substance that one being taken away a substantive 
proposition shall remain: Provided, That any motion 
or resolution to elect the members or any portion 



[402] 



RULES OF THE HOUSE OF REPRESENTATIVES 
RuIeXVL 792. 

of the members of the standing committees of the 
House and the joint standing committees shall not 
be divisible, nor shall any resolution or order reported 
by the Committee on Rules, providing a special order 
of business be divisible. 

This rule was first adopted in 1789, and was amended in 1837 (V, 
6107). The first part of the proviso was adopted April 2, 1917 (VIII, 
2175) and the last part May 3, 1933 (VIII, 3164). 

The House may by adoption of a resolution reported from the Com- 
mittee on Rules suspend the rule providing for the division of a question 
(VII, 775). 

The principle that there must be at least two substantive propositions 
792. Principles ^ order to justify division is insisted on rigidly (V, 

governing the 6108-6113), as failure to do so produces difficulties 

division of the (III, 1725). The question may not be divided after 

question. ft h^ b een pu (y^ QiQ2) 3 or after the yeas and 

nays have been ordered (V, 6160, 6161) ; but division of the question 
may be demanded after the previous question is ordered (V, 5468, 
6149; VIII, 3173), except on resolutions to elect Members to com- 
mittees or on resolutions reported from the Committee on Rules 
providing a special order of business (Cl. 6, Rule XVI). In passing 
on a demand for division the Chair considers only substantive propo- 
sitions and not the merits of the question presented (V, 6122). It 
seems to be most proper, also, that the division should depend on 
grammatical structure rather than on the legislative propositions 
involved (I, 394; V, 6119), but a question presenting two propositions 
grammatically is not divisible if either does not constitute a substan- 
tive proposition when considered alone (VIII, 3165). Decisions have 
been made that a resolution affecting two individuals may be divided, 
although such division may involve a reconstruction of the text (I, 
623; V, 6119-6121). The better practice seems to be, however, that 
this reconstruction of the text should be made by the adoption of a 
substitute amendment of two branches, rather than by interpretation 
of the Chair (II, 1621). But merely formal words, such as "resolved," 
may be supplied by interpretation of the Chair (V, 6114r-6118). It is 
not in order to demand a division of a related subject, as, when a 
resolution to adopt a series of rules, not made a part of the reso- 
lution, was before the House, it was held not in order to de- 
mand a separate vote on each rule (V, 6159). In voting on the 
engrossment or passage of a bill or joint resolution a separate 

[403] 



RULES OF THE HOUSE OF REPRESENTATIVES 
|792. RuleXVL 

vote on the various portions may not be demanded (V, 6144-6146; 
VIII, 3172), or on the preamble of a bill (V, 6147);. but on a series of 
simple resolutions a division may be demanded (V, 6149). When a 
motion is made to lay several connected propositions on the table a 
division is not in order (V, 6138-6140). A division may be demanded 
on the motion to recede from disagreement to a Senate amendment and 
concur therein ( 525; V, 6209; VIII, 3197-3199, 3203), on a proposition 
to strike out various unrelated phrases (VIII, 3166), on a resolution 
of impeachment (VI, 545), but may not be demanded on the motion 
to concur in a Senate amendment with an amendment (VIII, 3176), 
or Senate amendments when sending to conference (V, 6151-6156; 
VIII, 3175). Each Senate amendment must be voted on as a whole 
(VIII, 3175) but the Committee of the Whole having reported a Senate 
amendment with the recommendation that it be agreed to with an 
amendment, a separate vote was had on the amendment to the Senate 
amendment (VIII, 2420), and when Senate amendments to a House 
bill are considered in the House a separate vote may be had on each 
amendment (VIII, 2383, 2400, 3191). On a motion to commit with 
instructions it is not in order to demand a separate vote on the instruc- 
tions or various branches thereof (V, 6134-6137; VIII, 2737, 3170). 
A division of the question may not be demanded on a motion to strike 
out and insert (V, 5767, 6123; VIII, 3169; cl. 7 ,B.ule XVI), on bills or 
joint resolutions for reference (IV, 4376) or change of reference (VII, 
2125), a motion to elect Members to committees of House (VIII, 2175, 
3164; cl. 6, Rule XVI), a question against which a point of order is 
pending (VIII, 3432), proposition under motion to suspend the rules 
(V, 6141-6143; VIII, 3171), substitutes for pending amendments (V, 
6127; VIII, 3168), but when agreed to a division of the original amend- 
ment as amended may be had. A proposition reported from the Com- 
mittee of the Whole as an entire and distinct amendment may not 
be divided, but must be voted on in the House as a whole (IV, 4883- 
4892), and a separate vote may not be demanded in the House on an 
amendment adopted in the Committee of the Whole to an amendment 
(VIII, 2422, 2426, 2427). On a decision of the Speaker involving two 
distinct questions, there may be a division on appeal (V, 6157) . After 
the vote on the first member of the question, the second is open to 
debate and amendments, unless the previous question is ordered 
(482). 



[404] 



RULES OF THE HOUSE OF REPRESENTATIVES 
BuleXVI. 793,794. 

7. A motion to strike out and insert is indivisible, 
but a motion to strike out being lost 

| 793. Motion to 

strike out and insert snail neither preclude amendment nor 
not divisible. motion to strike out and insert; * * * 

This rule was adopted in 1811, and amended in 1822 (V, 5767). 

When it is proposed to strike out and insert not one but several con- 
nected matters, it is not in order to demand a separate vote on each of 
those matters (V, 6124, 6125), as when a substitute containing several 
resolutions is proposed; but after this substitute has been agreed to, it 
is in order to demand a division of the original resolution as amended 
(V, 6127, 6128). When, however, an amendment simply adding or 
inserting is proposed, it is in order to divide the amendment (V, 6129- 
6133). 

7. * * * and no motion or proposition on a 
794. Germane subject different from that under con- 
amendments. sideration shall be admitted under color 

of amendment. 

This rule was adopted in 1789, and amended in 1822 (V, 5767, 5825). 

It introduced a principle not then known to the general parlia- 
mentary law (V, 5825), but of high value in the procedure of the 
House (V, 5866) . The principle of the rule applies to a proposition by 
which it is proposed to modify the pending bill, and not to a portion of 
the bill itself (V, 6929) ; and hence, in general, an amendment simply 
striking out words already in a bill may not be ruled out as not germane 
(V, 5805; VIII, 2918) unless such action would change the scope and 
meaning of the text (IV, 3596; VIII, 2919). While a committee may 
report a bill embracing different subjects, it is not in order during con- 
sideration in the House to introduce a new subject by way of amend- 
ment (V, 5825). Whether or not an amendment be germane should 
be judged from the provisions of its text rather than from the purposes 
which circumstances may suggest (V, 5783, 5803). But later deci- 
sions hold that the fundamental purpose of an amendment must be 
germane to the fundamental purpose of the bill (VIII, 2911). The 
rule that amendments should be germane applies to amendments 
reported by committees (V, 5806). 

62581 H. Doc. 459, 86-2 27 [405] 



RULES OF THE HOUSE OF BEPRESENTATIVES 
795. 

Under the later practice an amendment should be germane to the 
particular paragraph or section to which it is offered (V, 5811-5820; 
VIII, 2922, 2936) and an amendment inserting an additional section 
should be germane to the portion of the bill to which it is offered (V, 
5822; VIII, 2927, 2931), but when offered as a separate paragraph is 
not required to be germane to the paragraph immediately preceding 
or following it (VII, 1162; VIII, 2932-2935). To a bill amending a 
general law on a specific point an amendment relating to the terms of 
the law rather than to those of the bill was offered and ruled not to be 
germane (V, 5808; VIII, 2707, 2708). So to a legislative section in a 
general appropriation bill amending one section of the criminal code, 
a provision amending the criminal code in other particulars was held 
not germane (VIII, 2709). A bill amending several sections of an 
act does not necessarily bring the entire act under consideration so as 
to permit an amendment to any portion of the act sought to be amended 
by the bill (VIII, 2938, 3013, 3031). To a bill continuing and re- 
enacting an existing law an amendment germane to the existing act 
sought to be continued was held to be germane to the pending bill 
(VIII, 2940, 2941, 2950, 3028). An amendment germane to the 
bill as a whole, but hardly germane to any one section, may be offered 
at an appropriate place with notice of motions to strike out the follow- 
ing sections which it would supersede (V, 5823; VIII, 2901). In the 
consideration of Senate amendments to a House bill an amendment 
must be germane to the particular Senate amendment to which it is 
offered, it not being sufficient that it should be germane to provisions 
of the bill (V, 6188-6191; VIII, 2936), but a Senate amendment is not 
subject to the point of order in the House that it is not germane to 
the House bill (VIII, 3425J). 

In determining whether or not an amendment be germane, certain 
principles are established. 

(a) One individual proposition may not be amended by another 
796. one individual proposition even though the two belong 

individual to the same class (VIII, 2951-2953, 2963-2966, 

proposition not 3047). Thus, the following are not germane: To a 

germane to bill proposing the admission of one Territory into 

another. the Union, an amendment for admission of another 

Territory (V, 5529) ; to a bill amending a law in one particular, amend- 
ing the law in another particular (VIII, 2949) ; to a bill for the relief of 
one individual, an amendment proposing similar relief for another 
(V, 5826-5829) ; to a resolution providing a special order for one bill, 
an amendment to include another bill (V, 5834r-5836) ; to a pro^ion 
for extermination of the cotton-boll weevil, an amendment including 



[406] 



RULES Or THE HOUSE OF EEPKESENTATCVES 
Bole XVI. 796, 797, 

the gypsy moth (V, 5832) ; to a provision for a clerk for one committee, 
an amendment for a clerk to another committee (V, 5833); to a bill 
prohibiting transportation of messages relative to dealing in cotton 
futures, an amendment adding wheat, corn, etc. (VIII, 3001) ; to a bill 
prohibiting cotton futures, an amendment prohibiting wheat futures 
(VIII, 3001). To a bill prohibiting importation of goods "made in 
whole or in part by convict, pauper, or detained labor, or made in 
whole or in part from materials which have been made in whole or in 
part or in any manner manipulated by convict or prison labor," an 
amendment prohibiting importation of goods made by child labor was 
held not germane on the ground that labor described in bill constituted 
a single class of labor (VIII, 2963). 

(&) A specific subject may not be amended by a provision general in 
7% A general nature, even when of the class of the specific subject 

provision not (V, 5843-5846; VIII, 2997, 2998). Thus, the 

germane to a following are not germane: To a bill for the admis- 

specific subject. gion of Qne Territory into the Union, an amendment 

providing for the admission of several other Territories (V, 5837) ; to 
a bill relating to all corporations engaged in interstate commerce, an 
amendment relating to all corporations (V, 5842) ; to a bill modifying 
an existing law as to one specific particular, an amendment relating to 
the terms of the law other than those dealt with by the bill (Vj 5806- 
5808) ; to a bill amending the war-time prohibition act in one particular, 
an amendment repealing that act (VIII, 2949). A bill dealing with 
an individual proposition but rendered general in its scope by amend- 
ment is then subject to further amendment by propositions of the same 
class (VIII, 3003). 

(c) A general subject may be amended by specific propositions of the 

797 Specific Same ClaSS (VII3C ' 3002 3009 3012 )- TbUB, the 

subjects germane following have been held to be germane: To a bill 
to general admitting several Territories into the Union, an 

propositions of amendment adding another Territory (V, 5838); to 



the ciass. ft ^^ providing for the construction of buildings in 

each of two cities, an amendment providing for similar buildings in 
several other cities (V, 5840) ; to a resolution embodying two distinct 
phases of international relationship, an amendment embodying a 
third (V, 5839) . But to a resolution authorizing a class of employees 
in the service of the House, an amendment providing for the employ- 
ment of a specified individual was held not to be germane (V, 5848- 
5849). 



RULES OF THE HOUSE OF REPRESENTATIVES 
798. Rule XVI, 

(d) Two subjects are not necessarily germane because they are 
related. Thus, the following have been held not 
798. Subjects not to be germane: TO a proposition relating to the 
terms of Senators, an amendment changing the 
manner of their election (V, 5882) ; to a bill relating 
to commerce between the States, an amendment relating to commerce 
within the several States (V, 5841) ; to a proposition to relieve destitute 
citizens of the United States in Cuba, a proposition declaring a state 
of war in Cuba and proclaiming neutrality (V, 5897) ; to a proposition 
for the appointment of a select committee to investigate a certain 
subject, an amendment proposing an inquiry of the Executive on that 
subject (V, 5891) ; to a bill granting a right of way to a railroad, an 
amendment providing for the purchase of the railroad by the Govern- 
ment (V, 5887) ; to a provision for the erection of a building for a mint, 
an amendment to change the coinage laws (V, 5884) ; to a resolution 
proposing expulsion, an amendment proposing censure (VI, 236) ; to a 
general tariff bill, an amendment creating a tariff board (Chairman 
Garrett of Tennessee, May 6, 1913, p. 1234; also Speaker Clark, 
May 8, 1913, p. 1381); to a proposition to sell two battleships and 
build a new battleship with the proceeds, a proposition to devote the 
proceeds to building wagon roads (VIII, 2973) . 

To a law providing for the insurance of soldiers upon the payment 
of premiums, a proposition for the continuance of such insurance for 
two years without the payment of premiums was held not germane 
(VIII, 2986). To a proposition appropriating money for a general 
increase hi the salaries of employees for 1918, a provision making the 
same increase available for the remainder of 1917 was held not ger- 
mane (VIII, 2913), as was also a proposition to establish a minimum 
wage among the employees affected by the bill (VIII, 2971). 

To a bill amending a general law in several particulars, an amend- 
ment providing for the repeal of the whole law was held germane (V, 
5824), but the bill amending the law must so vitally affect the whole 
law as to bring the entire act under consideration before the Chair will 
hold an amendment repealing the law or amending any section of the 
law germane to the bill (VIII, 2982; Chairman Madden, Apr. 2, 1924, 
p. 5437). 



RULES OF THE HOUSE OF REPRESENTATIVES 
Bole XVI. 799,800. 

(e) An amendment which is germane, not being "on a subject differ- 
ent from that under consideration," belongs to a 
class mustrated b y tne following: To a bill providing 
for an i^teroceanic canal by one route, an amend- 
ment providing for a different route (V, 5909) ; to a 
bill providing for the reorganization of the Army, an amendment pro- 
viding for the encouragement of marksmanship (V, 5910) ; to a proposi- 
tion to create a board of inquiry, an amendment specif ying when it shall 
report (V, 5915) ; to a bill relating to "oleomargarine and other imita- 
tion dairy products," an amendment on the subject of "renovated 
butter" (V, 5919) ; to a resolution rescinding an order for final adjourn- 
ment, an amendment fixing a new date therefor (V, 5920). 

A rule which was in force during the Sixty-second to Sixty-seventh 
Congresses, inclusive, had been interpreted to pro- 

800. Revenue bill .. e , ' , ' * * 

amendments. vide that no amendment to any item of a bill affect- 

ing revenue should be in order which did not directly 
relate to the item to which the amendment was proposed. Under this 
rule the following decisions arose: 

To the portion of the Canadian reciprocity bill relating to articles 
on the dutiable list, an amendment placing certain articles on the free 
list is not germane ; but to that portion of the bill relating to the free 
list, an amendment placing additional articles on the free list is germane 
(Chairman Sherley, Apr. 21, 1911, pp. 541, 556). 

To a bill admitting certain articles free of duty, amendments admit- 
ting other articles free of duty, as well as an amendment providing that 
said articles should be admitted free only when imported from a country 
imposing no duty, are not germane (Chairman Alexander, May 8, 
1911, pp. 1092, 1110). To a bill to raise revenue by excise tax and bond 
issue, an amendment to raise revenue by protective tariff is not ger- , 
mane (Speaker Clark, Feb. 1, 1917, p. 2439). To an item in a revenue 
bill fixing a duty, an amendment dealing with administrative provisions 
is not germane (Chairman Anderson, Dec. 22, 1920, p. 657). 

After the repeal of this rule the following decision was rendered: 

To a bill raising revenue by several methods of taxation the Com- 
mittee of the Whole, overruling the Chair, held that an amendment 
proposing a tax on undistributed profits was germane, but sustained a 
decision holding a tax on campaign contributions not germane (VIII, 
3042). 



RULES OF THE HOUSE OF REPRESENTATIVES 
5J80I.802. Rule XVI. 

8. Pending a motion to suspend the rules, the 
soi. Dilatory Speaker may entertain one motion that 

the House adjourn; but after the re- 
suit thereon is announced he shall not 

entertain any other motion till the vote is taken on 

suspension. 

This rule was adopted in 1868 (V, 5743), and amended in 1911 
(VIII, 2823). A motion for a recess (V, 5748-5751) and for a call of 
the House when there was no doubt of the presence of a quorum 
(V, 5747) were held to be dilatory motions within the meaning of the 
rule. But where a motion to suspend the rules has been made and, 
after one motion to adjourn has been acted on, a quorum has failed, 
another motion to adjourn has been admitted (V, 5744-5746). 

9. At any time after the reading of the Journal it 
802. privileged &&& ^ e - order, by direction of the 
motion for con- appropriate committees, to move that 

sideration of revenue ** * , ., ,. . , ,, ^ 

and appropriation the House resolve itself into the Com- 
bms ' mittee of the Whole House on the state 

of the Union for the purpose of considering bills rais- 
ing revenue, or general appropriation bills. 

As early as 1835 the necessity of giving the appropriation bills 
precedence became apparent, and in 1837 a rule was adopted which 
established the principle which continues in the present rule (IV, 3072). 

The motion to consider revenue bills and the motion to consider 
appropriation bills are of equal privilege (IV, 3075, 3076) . The motion 
may designate the particular bill to be considered (IV, 3074). The 
motion is in order on District Mondays (VI, 716-718; VII, 876, 1123); 
and takes precedence of the motion to go into Committee of the Whole 
House to consider the Private Calendar (IV, 3082-3085; VI, 719, 720;. 
Before the adoption of clause 4 of Rule XIII it could be made on a 
"suspension day" as on other days (IV, 3080). On Wednesdays the 
privilege of the motion is limited by Rule XXIV, clause 7. It may not 
be amended (VI, 52, 723), debated (VI, 716), laid on the table, or in- 
definitely postponed (VI, 726), and the previous question may not be 
demanded on it (IV, 3077-3079). Although highly privileged, it 
may not take precedence of a motion to reconsider (IV, 3087), or a 

[410] 



RULES OF THE HOUSE OP REPRESENTATIVES 
Rule XVDL 803, 804. 

motion to change the reference of a bill (VII, 2124) . The motion is less 
highly privileged than the motion to discharge a committee from fur- 
ther consideration of a bill under clause 4 of Rule XXVII (VII, 1011, 
1016), and the call of the Consent Calendar on consent days takes 
precedence (VII, 986). 

803.Dnatoiy 10. No dilatory motion shall be 

motions. entertained by the Speaker. 

This rule was adopted in 1890 (V, 5706) to make permanent a 
principle already enunciated in a ruling of the Speaker, who had 
declared that the "object of a parliamentary body is action, not 
stoppage of action" (V, 5713). 

The Speaker has declined to entertain debate or appeal on a question 
as to the dilatoriness of a motion, as to do so would be to nullify the 
rule (V, 5731) ; but has recognized that the authority conferred by the 
rule should not be exercised until the object of the dilatory motion 
"becomes apparent to the House" (V, 5713-5714). Usually, but not 
always, the Speaker awaits a point of order from the floor before 
acting (V, 5715-5722). The rule has been applied to the motions to 
adjourn (V, 5721, 5731-5733; VIII, 2796, 2813), to reconsider (V, 
5735; VIII, 2797, 2815, 2822), to fix the time of five-minute debate in 
Committee of the Whole (V, 5734; VIII, 2817), the question of con- 
sideration (V, 5731-5733), and to lay on the table (VIII, 2816). The 
point of "no quorum" has also been ruled out (V, 5724-5730; VIII, 
2801, 2808). A demand for tellers has been held dilatory (V, 5735, 
5736; VIII, 2436, 2818-2821); but the constitutional right of the 
Member to demand the yeas and nays may not be overruled (V, 5737; 
VIII, 3107). (For ruling by Speaker Gillett construing dilatory 
motion, see VIII, 2804). 

RULE XVII. 

PREVIOUS QUESTION. 

1. There shall be a motion for the previous ques- 
tion, which, being ordered by a major- 
ity of Members voting, if a quorum be 
present, shall have the effect to cut off 
all debate and bring the House to a direct vote upon 

[411] 



RULES OF THE HOUSE OF EEPRESENTATTVES 
806. RnleXVH. 

the immediate question or questions on which it has 
been asked and ordered. The previous question may 
be asked and ordered upon a single motion, a series of 
motions allowable under the rules, or an amendment 
or amendments, or may be made to embrace all 
authorized motions or amendments and include the 
bill to its passage or rejection. It shall be in order, 
pending the motion for, or after the previous question 
shall have been ordered on its passage, for the Speaker 
to entertain and submit a motion to commit, with or 
without instructions, to a standing or select com- 
mittee. 

The House adopted a rule for the previous question in 1789, but it was 
not turned into an instrument for closing debate until 1811. At 
various times it has been perfected by amendments shown by experience 
to be necessary (V, 5443-5445; VIII, 2661). 

The previous question is the only motion used for closing debate in 
the House itself (V, 5456; VIII, 2662) . It is not in 
805. Effect of order i n Committee of the Whole (IV,. 4716) but is 

^^ uest!on in order in the House as in Committee of the Whole 
(VI, 639). The motion may not include a pro- 
vision that it shall take effect at a certain time (V, 5457). Forty 
minutes of debate are allowed whenever the previous question is 
ordered on a proposition on which there has been no debate (V, 6821; 
VIII, 2689; see Eule XXVII, cl. 3); but if there has been debate, 
even though brief, before the ordering of the previous question, 
the forty minutes are not allowed (V, 5499-5501) . This preliminary 
debate should be on the merits of the question if the forty minutes of de- 
bate are to be denied for reason of it (V, 5502). The forty minutes 
should be demanded before division has begun on the main question (V, 
5496). It may not be demanded on incidental motions, but is confined 
to the main question (V, 5497, 5498; VIII, 2687). It may not be de- 
manded on a proposition which has been debated in Committee of the 
Whole (V, 5505), or on a conference report if the subject matter of the 
report was debated before being sent to conference (V, 5506, 5507). 
When the previous question is ordered merely on an amendment 
which has not been debated, the forty minutes are allowed (V, 

[412] 



RULES OF THE HOUSE OF REPRESENTATIVES 
RuIeXVH. 5806,807. 

5503) ; but the same liberty of debate is not allowed when the question 
covers both an undebated amendment and the original proposition 
(V, 5504) . It was also denied on a resolution to correct an error in an 
enrolled bill (V, 5508) . The forty minutes is divided, one half to those 
favoring and the other half to those opposing (V, 5495). 

The provisions of the rule define the application of the previous 

question with considerable accuracy. It may not be 
806. Application mO ved on more than one bill except by the unani- 

mous consent of the H us e (V, 5461-5465), or on 

motions to agree to a conference report and also to 
dispose of differences not included in the report (V, 5464) and when 
ordered on a motion to send to conference applies to that motion alone 
and does not extend to a subsequent motion to instruct conferees (VIII, 
2675) . It may apply to the main question and a pending motion to 
refer (V, 5466; VI, 373; VIII, 2678). When a bill is reported from the 
Committee of the Whole with the enacting words stricken out, it may 
be appliejl to the motion to concur without covering further action on 
the bill (V, 5342). During consideration "in the House as in Commit- 
tee of the Whole" it may be demanded while Members still desire to 
offer amendments (IV, 4926-4929; VI, 639), but it may not be moved 
on a single section of a bill (IV, 4930) . When ordered on a resolution 
with a preamble there is doubt of its application to the preamble, unless 
the motion specifies (V, 5469, 5470) . It may be moved on a series of 
resolutions, but this does not preclude a division of the resolutions on 
the vote (V, 5468) . It is often ordered on undebatable propositions to 
prevent amendment (V, 5473, 5490) , but may not be moved on a motion 
that is both undebatable and unamendable (IV, 3077). It applies to 
questions of privilege as to other questions (II, 1256; V, 5459, 5460; 
VIII, 2672). 

The Member in charge of the bill and having the floor may demand 

the previous question although another Member may 
807. The right propose a motion of higher privilege (VIII, 2684), 

to move the feut ^ motion of higher privilege must be put first 

previous question. ^ ^^ ^^ ^^ ^^ ^ . f ^ Member ^ 

charge of the bill claims the floor in debate another Member may not 
demand the previous question (II, 1458) ; but having the floor any Mem- 
ber may make the motion although the effect may be to deprive the 
Member in charge of the bill (V, 5476; VIII, 2685) . And if, after debate, 
the Member in charge of the bill does not move the previous question, 
another Member may (V, 5475) ; but where a Member intervenes on a 
pending proceeding to make a preferential motion, as the motion to re- 
cede from a disagreement with the Senate, he may not move the previous 
question on that motion as against the rights of the Member in charge 

[413] 



RULES OF OT32 HOUSE OP REPRESENTATIVES 

808. RnleXVU. 

(II, 1459), and the Member in charge is entitled to recognition to move 
the previous question even after he has surrendered the floor in debate 
(VIII, 2682, 3231). The previous question may not be demanded on 
a proposition against which a point of order is pending (VIII, 3433). 
The motion to commit under this rule applies to resolutions of the 

808 The motion Ho^ 86 alone ^ weU as to biUs ( V > 5572 > 5573 J VIII, 
to commit after the 2742), to Senate amendments to a House bill (V, 
previous question is 5575), and to a motion to amend the Journal (V, 
ordered. 5574). It does not apply to a report from the 

Committee on Rules providing a special order of business (V, 5593- 
5601; VIII, 2270, 2750), or to a pending amendment to a proposition 
in the House (V, 5573). 

The motion to commit may be made pending the demand for the 
previous question on the passage, whether a bill or resolution be under 
consideration (V, 5576) ; but when the demand covers all stages of the 
bill to the final passage the motion to commit is made only after the 
third reading, and is not in order pending the demand or Before the 
engrossment or third reading (V, 5578-5581) . When separate motions 
for the previous question are made, respectively, on the third reading 
and on the passage of a bill, the motion to commit should be made 
only after the previous question is ordered on the passage (V, 5577) t 
When the previous question has been ordered on a simple resolution 
(as distinguished from a joint resolution) and a pending amendment, 
the motion to commit should be made after the vote on the amend- 
ment (V, 5585-5588). A motion to commit has been entertained after 
ordering of the previous question even before the adoption of rules at 
the beginning of a Congress (VIII, 2755). It was formerly held that 
the opponents of a bill had no claim to prior recognition to make the 
motion (II, 1456), but under Rule XVI, cl. 4, the prior right to recog- 
nition is given to an opponent. The right to move to recommit a 
House bill with a Senate amendment belongs to a Member who is 
opposed to the whole bill in preference to a Member who is merely 
opposed to the Senate amendment (VIII, 2772). When the House 
refuses to order a bill to be engrossed and read a third time the motion 
to commit may not be made (V, 5602, 5603). 

The motion to refer under this rule is not debatable (V, 5582) ; but 
may be amended, as by adding instructions, unless such amendment 
be precluded by moving the previous question (V, 5582-5584; VIII, 
2695). Unless the previous question is ordered, an amendment in the 
nature of a substitute is in order on a motion to commit with instruc- 
tions (VIII, 2698, 2759), but the amendment should be germane to 
the instructions (V, 6888; VIII, 2711). 

[414] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XVII. 809, 810. 

It is not in order to do indirectly by a motion to commit with instruc- 
tions what may not be done directly by way of amendment such as to 
propose an amendment that is not germane (V, 5529-5541, 5834, 5889; 
VIII, 2707, 2708) ; to propose to strike out or amend what has already 
been inserted by way of amendment (V, 5531; VIII, 2712, 2714, 2715, 
2723) ; to propose an amendment in violation of clause 2 of Rule XXI 
(V, 5533-5540) ; or to grant a committee leave to report at any time 
(V, 5543). 

The motion may not be accompanied by a preamble (V, 5589), nor 
argument or explanation (VIII, 2749) ; and it may not be laid on the 
table (V, 5412-5414) . Only one motion to commit is in order (V, 5577, 
5582, 5585; VIII, 2763), but where a bill is recommitted under this 
motion, and, having been reported again, is again subjected to the 
previous question, another motion to commit is in order after the 
engrossment and third reading (V, 5591). And where one motion to 
recommit was ruled out of order, the Speaker entertained a proper 
motion to recommit (VIII, 2763). 

When a special order declares that at a certain time the previous 
question shall be considered as ordered on a bill to the final passage, it 
has usually, but not always, been held that a motion to commit is pre- 
cluded (IV, 3207-3209), but under clause 22, Rule XI, the Com- 
mittee on Rules is prohibited from reporting such a special order ( 729; 
VIIL 2260, 2262-2264). 

The motion to lay on the table may not be applied to the previous 

question (V, 5410, 5411); nor may it be applied to 

809. Relation of the main question after the previous question has 

*^ion tTother been ordered < V > 5415-5422; VIII, 2655), or after 

motions^ *ke y eas and na y s have been ordered on the demand 

for the previous question (V, 5408, 5409). 

The motion to postpone may not be applied to the main question 
after the previous question has been ordered (V, 5319-5321; VIII, 
2617). The previous question may be applied both to the main ques- 
tion and a pending motion to refer (V, 5342; VI, 373), 

2. A call of the House shall not be in order after 
8io. Relation of the previous question is ordered, unless 
n sha11 appear upon an actual count 

the Speaker that a quorum is not 
present. 

This rule was adopted in 1860 (V, 5447). 



RULES OF THE HOUSE OF REPRESENTATIVES 
5811,812. RnleXVHI. 

3. All incidental questions of order arising after a 
8ii. Questions of motion is made for the previous ques- 
mo^ffofofe* 116 ti n > an d pending such motion, shall be 
previous question, decided, whether on appeal or other- 
wise, without debate. 

This rule was adopted in 1837 to prevent delay by debate on points 
of order after the demand for the previous question ( V, 5448) . Under 
the present practice, since debate on points of order is entirely within 
the control of the Chair, he may recognize and respond to a parlia- 
mentary inquiry although the previous question may have been 
demanded (Speaker pro tern Snell, Mar. 27, 1926, p. 6469). 

A question of privilege relating to the integrity of action of the House 
itself has been distinguished from ordinary questions of order and has 
been thrown open to debate after the ordering of the previous question 
(III, 2532). 

RULE XVIII. 

KECONSIDERATION. 

1. When a motion has been made and carried or 
812. The motion ^ os ^ ** ^&]1 ^ e ^ order for any member 



to reconsider. O f the majority, on the same or suc- 
ceeding day, to move for the reconsideration thereof, 
and such motion shall take precedence of all other 
questions except the consideration of a conference 
report or a motion to adjourn, and shall not be 
withdrawn after the said succeeding day without the 
consent of the House, and thereafter any Member 
may call it up for consideration: Provided, That such 
motion, if made during the last six days of a session, 
shall be disposed of when made. 

The motion to reconsider used in the Continental Congress and in 
the House of Representatives from its first organization, in 1789, was 

[416] 



RULES OF THE HOUSE OP REPRESENTATIVES 
Rale XVin. 813, 814. 

first made the subject of a rule in 1802; and at various times this rule 
has been perfected by amendments (V, 5605), 

The motion is not used in Committee of the Whole (IV, 4716-4718; 
VIII, 2324, 2325), but is in order in the House as in Committee of the 
Whole (VIII, 2793) . It is not in order in the House during the absence 
of a quorum when the vote proposed to be reconsidered requires a 
quorum (V, 5606). But on votes incident to a call of the House the 
motion to reconsider may be entertained and also laid on the table, 
although a quorum may not be present (V, 5607, 5608). 

The mover of a proposition is entitled to prior recognition to move to 

reconsider (II, 1454). A Member may make the 

813. Maker of motion at any time without thereby abandoning a 

r^>Mider. * prior motion *> de bv himself and pending (V, 5610) . 

A delegate or Resident Commissioner may not make 
the motion (Rule XII; II, 1292; VI, 240). The provision of the rule 
that the motion may be made "by any member of the majority" is 
construed, in case of a tie vote, to mean any member of the prevailing 
side (V, 5615, 5616), and the same construction applies in case of a 
two-thirds vote (II, 1656; V, 5617, 5618; VIII, 2778-2780), Where 
the yeas and nays have not been ordered recorded in the Journal, any 
Member, irrespective of whether he voted with the majority or not, 
may make the motion to reconsider (V, 5611-5613, 5689; VIII, 2775, 
2785); but a Member who was absent (V, 5619), or who was paired in 
favor of the majority contention and did not vote, may not make the 
motion (V, 5614; VIII, 2774). 

The precedence given the motion by the rule permits it to be made 

even after the previous question has been demanded 
814. Presence ( y ? 5656) or while it is ope rating (V, 5657-5662; 

VIII 2784 )- The m ti011 to reconsider the vote on 
the engrossment of a bill may be admitted after the 
previous question has been moved on a motion to postpone (V, 5663), 
and a motion to reconsider the vote on the third reading may be made 
and acted on after a motion for the previous question on the passage 
has been made (V, 5656). It also takes precedence of the motion to go 
into Committee of the Whole to consider an appropriation bill (VIII, 
2785), or even of a demand that the House return to committee after 
the appearance of a quorum (IV, 3087). But in a case wherein the 
House had passed a bill and disposed of a motion to reconsider the vote 
on its passage, it was held to be too late to reconsider the vote sustaining 
the decision of the Chair which brought the bill before the House (V, 
5652). After a conference has been agreed to and the managers for 
the House appointed, it is too late to move to reconsider the vote 

[417] 



RUIiBS (XF THE HOUSE OF KEPRESENTATIVES 
815. 

whereby the House acted on the . amendments in disagreement (V, 
5664). While the motion has high privilege for entry, it may not be 
considered while another question is before the House (V, 5673-5676), 
or while the House is dividing (VIII, 2791). When it relates to a bill 
belonging to a particular class of business, consideration of the motion 
is in order only when that class of business is in order (V, 5677-5681; 
VIII, 2786). It may then be called up at any time; but is not the 
regular order until called up (V, 5682; VIII, 2785, 2786). When once 
entered it may remain pending indefinitely, even until a succeeding 
session of the same Congress (V, 5684). The motion to reconsider an 
action taken on a bill on Tuesday may be entered but may not be 
considered on Calendar Wednesday (VII, 905); is subject to question 
of consideration (VIII, 2437), and may be laid on the table (VIII, 
2652, 2659). 

A motion to reconsider may be entertained, although the bill or 
resolution to which it applies may have gone to the 
5815. Application other House or the p res ident (V, 5666-5668). The 
Senate may not reconsider the confirmation of a 
nomination after a commission has been issued by the 
President to a nominee and the latter has taken the oath and entered 
upon the duties of his ofiice (U. S. v. Smith, 286 TL S., 6) . The fact that 
the House had informed the Senate that it had agreed to a Senate 
amendment to a House bill was held not to prevent a motion to recon- 
sider the vote on agreeing (V, 5672). WTtien a motion is made to 
reconsider a vote on a bill which has gone to the Senate, a motion to 
recall the bill is privileged (V, 5669-5671). The motion to reconsider 
may be applied once only to a vote ordering the previous question 
(V, 5655; VIII, 2790), and may not be applied to a vote ordering the 
previous question which has been partially executed (V, 5653, 5654) ; 
but a vote agreeing to an order of the House has been reconsidered, 
although the execution of the order had begun (III, 2028; V, 5665). 

The motion may not be applied to negative votes on motions to 
adjourn (V, 5620-5622), or for a recess (V, 5625), or to go into Com- 
mittee of the Whole (V, 5368). In one instance, however, the Chair 
admitted a motion to reconsider an affirmative vote on the motion to 
go into Committee of the Whole (V, 5368). A motion to reconsider 
the vote by which the House had decided a question of parliamentary 
procedure was held not to be in order (VIII, 2776) . Motions to recon- 
sider negative votes on motions to fix the day to which the House shall 
adjourn have been the subject of conflicting rulings (V, 5623, 5624) . 
It is in order to reconsider a vote postponing a bill to a day certain 

[418] 



ROTES OF THE HOUSE OF REPRESENTATIVES 
RnleXVm. 816,817. 

(V, 5643) ; but not to reconsider a negative decision of the question of 
consideration (V, 5626, 5627), or a vote on suspension of the rules (V, 
5645, 5646; VIII, 2781), or a vote on reconsideration of a bill returned 
with the objections of the President (VIII, 2778). A vote whereby a 
second is ordered may be reconsidered (V, 5642). The motion to 
reconsider a vote on a proposition having been once agreed to, and the 
said vote having again been taken, a second motion to reconsider may 
not be made unless the nature of the proposition has been changed by 
amendment (V, 5685-5688; VIII, 2788), 

A bill is not considered passed or an amendment agreed to if a motion 

to reconsider is pending, the effect of the motion 

sie. Effect of the bei]lg to suspenc i the original proposition (V, 5704) ; 

motion to reconsider. ^^ ^ gp eaker deelines to sign ^ enrolled bill until 
a pending motion to reconsider has been disposed of (V, 5705). But 
when the Congress expires leaving unacted on a motion to reconsider 
the vote whereby a simple resolution of the House has been agreed to, 
it is probable that the resolution would be operative; and where a bill 
has been enrolled, signed by the Speaker, and approved by the Presi- 
dent, it is undoubtedly a law, although a motion to reconsider may not 
have been disposed of (V, 5704, footnote). A Member-elect may not 
take the oath until a motion to reconsider the vote determining his title 
is disposed of (I, 335) ; but when, in such a case, the motion is disposed 
of, the right to be sworn is complete (I, 622). When the motion to 
reconsider is decided in the affirmative the question immediately recurs 
on the question reconsidered (V, 5703). When a vote whereby an 
amendment has been agreed to is reconsidered the amendment becomes 
simply a pending amendment (V, 5704). When the vote ordering the 
previous question is reconsidered it is in order to withdraw the motion 
for the previous question, the "decision" having been nullified (V, 
5357). When the previous question has been ordered on a series of 
motions and its force has not been exhausted the reconsideration of the 
vote on one of the motions does not throw it open to debate (V, 5493) ; 
but when a vote on a single proposition taken under the operation of the 
previous question is reconsidered the main question stands divested of 
the previous question and may be debated (V, 5491, 5492). 

The motion to reconsider is agreed to by majority vote, even when 
the vote reconsidered requires two-thirds for affirma- 

817. Thevoteon tive action < n . 1656 >* V 5617 > 5618 ' VI11 ' 2795 > r 
the motion to when only one-fifth is required for affirmative action, 

reconsider. as in votes ordering the yeas and nays (V, 5689-5692, 

6029; VIII, 2790) . But one motion to reconsider the 

[419] 



RULES OF THE HOUSE OF REPRESENTATIVES 
818-821. RuIeXVm. 

yeas and nays having been acted on, another motion to reconsider is 
not in order (V, 6037). 

A vote on the motion to lay on the table may be reconsidered whether 

the decision be in the affirmative (V, 5628, 5695, 

818. Eolation of 6288; VIII, 2785) or in the negative (V, 5629)! 

the motion to j t is j n or( j er ^ rec onsider the vote laying an appeal 

notfratoli7o& e on the table ^' 5630 )' althou S l1 during proceedings 
the table. under a call of the House this motion was once ruled 

out (V, 5631). The motion to reconsider may not 
be applied to the vote whereby the House has laid another motion to 
reconsider on the table (V, 5632-5640). 
A motion to reconsider is debatable only if the motion proposed 

to be reconsidered was debatable (V, 5694-5699,; 
819. Debate on VIII, 2437, 2792); and the application of the previ- 
the motion to ous question makes a motion to reconsider unde- 

reconsider. batable (V, 5700, 5701). 

2. No bill, petition, memorial, or resolution referred 
820. Application to a committee, or reported therefrom 
r^S^ bnis f r prating and recommitment, shall be 
in committees. brought back into the House on a 
motion to reconsider; * * * 

This rule was first adopted in 1860, and amended in 1872, to prevent a 
practice of using the privilege of the motion to reconsider to secure con- 
sideration of bills otherwise not in order (V, 5647) . There is a question 
as to whether or not the rule applies to a case wherein the House, after 
considering a bill, recommits it (V, 5648-5650). After a committee 
has reported a bill it is too late to reconsider the vote by which it was 
referred (V, 5651). 

2. * * * and all bills, petitions, 
82i. Requirement memorials, or resolutions reported from 

that reports of ; ^ 

committees be in a committee shall be accompanied by 

writing and be . . ... i i i -i n 

printed. reports in writing, which shall be 

printed. 

This rule was adopted in 1880 (V, 5647). 

The House insists on observance of this rule (IV, 4655) and does not 
receive verbal reports as to bills (IV, 4654). But the sufficiency of a 

[420] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XIX. 822,823. 

report is passed on by the House and not by the Speaker (II, 1339; IV, 
4653). A report is not necessarily signed by all those concurring (II, 
1274) or even by any of those concurring, but minority views are 
signed by those submitting them (IV, 4671; VIII, 2229). The require- 
ment that reports shall be printed does not mean that the report must 
be printed before the matter reported is called up for consideration, 
and the fact that a report was not printed as originally made to the 
House does not prevent the consideration (except under 848) of the 
matter reported (VIII, 2307-2309). Section 848 provides that general 
appropriation bills may not be considered in the House until printed 
committee hearings and reports have been available three days in 
advance. 

RULE XIX. 

OF AMENDMENTS. 

When a motion or proposition is under considera- 
tion a motion to amend and a motion 

822. Amendments 

to text and to to amend that amendment shall be in 
title " order, and it shall also be in order to 

offer a further amendment by way of substitute, to 
which one amendment may be offered, but which shall 
not be voted on until the original matter is perfected, 
but either may be withdrawn before amendment or 
decision is had thereon. Amendments to the title of 
a bill or resolution shall not be in order until after its 
passage, and shall be decided without debate. 

This rule was adopted in 18SO, with an amendment adding the por- 
tion in relation to the title in 1893. The rule of 1880, however, merely 
stated in form of rule what had been the practice of the House for 
many years (V, 5753). 

It is not in order to offer more than one motion to amend of the same 
nature at a time (V, 5755; VIII, 2831), and two inde- 
823. Conditions pendent amendments may be voted on at once only 
UL^r U n t0 by unanimous consent of the House (V, 5779). But 

amen " the four motions specified by the rule may be pend- 

ing at one and the same time (V, 5753; VIII, 2883, 2887). An amend- 
ment in the third degree is not specified by the rule and is not per- 
missible (V, 5754; VIII, 2580, 2888, 2891), even when the third 

625SX H. Doc. 459, S6-2 28 [421] 



RTOES OF THE HOUSE OF REPRESENTATIVES 

824,825. Rule XIX. 

degree is in the nature of a substitute for an amendment to a substi- 
tute (V, 5791; VIII, 2889). But a substitute amendment may be 
amended by striking out all after its first word and inserting a new 
text (V, 5793, 5794), as this, while in effect a substitute, is not tech- 
nically so, for the substitute always proposes to strike out all after 
the enacting or resolving words in order to insert a new text (V, 5785, 
footnote). An amendment in the nature of a substitute may be 
proposed before amendments to the original text have been acted 
on, but may not be voted on until such amendments have been dis- 
posed of (V, 5753, 5787). 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 (V, 5788). 
But when it is proposed to offer a single substitute for several para- 
graphs of a bill which is being considered by paragraphs, the sub- 
stitute may be moved to the first paragraph, with notice that, if 
agreed to, motions will be made to strike out the remaining paragraphs 
(V, 5795; VIII, 2898, 2900-2903). The substitute amendment, as well 
as the original proposition, may be perfected by amendments before 
the vote on it is taken (V, 5786). An amendment in the nature of a 
substitute having been agreed to, the vote is then taken on the original 
proposition as amended (II, 983; V, 5799, 5800). Contrary to the 
provisions of the rule, the later practice has permitted an amend- 
ment in the nature of a substitute for the original amendment (VIII, 
2883). 

While the rule provides that either an ordinary or substitute amend- 
ment may be withdrawn in the House (V, 5753) or 
" in the House as in Committee of the Whole" 
ff^> 4935), it may not be withdrawn or modified hi 
Committee of the Whole except by unanimous 
consent (V, 5221; VIII, 2564, 2859). 

The motion to refer, the previous question not being ordered, has 
825. Precedence precedence of the motion to amend (V, 5555; VI, 
of the motion to 373). Amendments reported by a committee are 
amend ' acted on before those offered from the floor (V, 

5773; VIII, 2862, 2863), but there is a question as to the extent to 
which the cl^airman of the committee reporting a bill should be recog- 
nized to offer amendments to perfect it in preference to other Members 
(II, 1450). Amendments may not be offered by proxy (VIII, 2830). 
The motion to strike out the enacting clause has precedence of the 
motion to amend, and may be offered while an amendment is pending 
(V, 5328-5331; VIII, 2622-2624). 

[422] 



KUUES OF THE HOUSE OF REPRESENTATIVES 

Role XX. 55 828-828. 

With some exceptions an amendment may attach itself to secondary 
826. Relation of a ^ d Privileged motions (V, 5754). Thus, the mo- 
the motion to tions to postpone, refer, amend, for a recess, and to 

amend to other fix the day to which the House shall adjourn may be 

motions. amended (V, 5754; VIII, 2824). But the motions 

for the previous question, to lay on the table, to adjourn (V, 5754) 
and to go into Committee of the Whole to consider a privileged bill 
may not be amended (IV, 3078, 3079; VI, 723-725). 

RULE XX. 

OF AMENDMENTS OF THE SENATE. 

1. Any amendment of the Senate to any House bill 

* the P^ f 



1 827. Consideration 

of senate that it shall first be considered in the 



Committee of the Whole House on the 
whole - state of the Union if, originating in the 

House, it would be subject to that point. 

This rule was adopted in 1880 to prevent a practice by which Senate 
amendments of the class described had escaped consideration in Com- 
mittee of the Whole (IV, 4796). 

A Senate amendment which is a modification merely of a House prop- 

osition, like the increase or decrease of the amount 
828. Practice in o f an appropriation, and does not involve new and 
considering Senate distinct expenditure, is not required to be considered 
temm^tftiie fr Committee of the Whole (IV, 4797-4806; VIII, 
Whole. 23822385), but where the question was raised 

against a Senate amendment which on its face 
apparently placed a charge upon the Treasury the Speaker held it 
devolved upon those opposing the point of order to cite proof to the 
contrary (VIII, 2387). When in the House an amendment is offered 
to provide an appropriation for another purpose than that of the 
Senate amendment, the House goes into Committee of the Whole to 
consider it (IV, 4795) . When an amendment is referred, the entire bill 
goes to the Committee of the Whole (IV, 4808), but the committee 
considers only the Senate amendment (V, 6192). It usually considers 
all the amendments, although they may not all be within the rule 

[423] 



RULES OF THE HOUSE OP REPRESENTATIVES 
829. Rule XX, 

requiring such consideration (V, 6195) . The House may, however, pro- 
ceed to the disposition of those Senate amendments not requiring con- 
sideration in Committee of the Whole before going into committee 
on those affected by the rule (IV, 4807). In Committee of the Whole 
a Senate amendment, even though it be very long, is considered as an 
entirety and not by paragraphs or sections (V, 6194). When reported 
from the Committee of the Whole, Senate amendments are voted on 
en bloc and only those amendments are voted on severally on which a 
separate vote is demanded (VIII, 3191). It has been held that each 
amendment is subject to general debate and amendment under the 
five-minute rule (V, 6193, 6196). 

2. No amendment of the Senate to a general appro- 
829. conferees priation bill which would be in violation 
^LT^ to of the provisions of clause 2 of Rule 
amendments. XXI, if said amendment had originated 
in the House, nor any amendment of the Senate pro- 
viding for an appropriation upon any bill other than 
a general appropriation bill, shall be agreed to by the 
managers on the part of the House unless specific 
authority to agree to such amendment shall be first 
given by the House by a separate vote on every such 
amendment. 

This clause of the rule was adopted on June 1, 1920 (pp. 8109, 8120). 

While the rule provides for a motion authorizing the managers on 
the part of the House to agree upon amendments of the Senate in 
violation of clause 2 of Rule XXI, in practice after a conference the 
managers report that they have not agreed upon certain amendments, 
and after the partial conference report is disposed of the remaining 
amendments are taken up in order and disposed of directly by the 
House without further conference. 

In the event an appropriation bill with Senate amendments in viola- 
tion of clause 2 of Hule XXI is sent to conference by unanimous con- 
sent, such procedure does not thereby prevent a point of order being sus- 
tained against the conference report should the managers on the part 
of the House violate the provisions of clause 2 of Rule XX (VII, 1574). 
The rule is a restriction upon the managers on the part of the House 

[424] 



RUX.ES OF THE HOUSE OF REPRESENTATIVES 

Rule XXL 830, 83L 

only, and does not provide for a point of order against a Senate amend- 
ment when it comes up for action by the House (VII, 1572). Managers 
may be authorized to agree to an appropriation by a resolution reported 
from the Committee on Rules (VII, 1577). 

RULE XXI. 

ON BILLS. 

1. Bills and joint resolutions on their passage shall 
n ^ be read the first time by title and the 

830. Reading, ** 

engrossment, and second time in full, when, if the previous 
passage question is ordered, the Speaker shall 

state the question to be: Shall the bill be engrossed 
and read a third time? and, if decided in the affirma- 
tive, it shall be read the third time by title, unless 
the reading in full is demanded by a Member, and 
the question shall then be put upon its passage. 

This rule was first adopted in 1789, and was amended in 1794 and 
1880 (IV, 3391). 

Formerly a bill was read for the first time by title at the time of 
its introduction, but since 1890 all bills have been 
introduced by filing them with the Clerk, thus ren- 
dering a reading by title impossible at that time 
(IV, 3391). But the titles of all bills introduced are printed in the 
Journal and Record, thus carrying out the real purposes of the rule. 
The second reading formerly occurred in the House before commitment; 
but as the processes of handling bills have been shortened, the second 
reading now occurs for bills considered in the House alone when they 
are taken up for action (IV, 3391), and, for bills considered in Commit- 
tee of the Whole, when they are taken up in that committee. A bill 
read in fuU in Committee of the Whole and reported therefrom is not 
read in full again when acted on by the House (IV, 3409, 3410, 4916). 
But when a bill is taken up in Committee of the Whole its reading in 
full may be demanded before general debate begins, although it may 
have just been read in the House (IV, 4738) ; and may be dispensed 
with by unanimous consent only and a motion to that effect is not in 

[425] 



RULES OF THE HOUSE OF REPRESENTATIVES 

832-834 Rule XXL 

order (VIII, 2335, 2436). The Speaker makes it his duty, ordinarily 
to object to a request for unanimous consent that a biU may be acted 
on without being read (IV, 3390; VII, 1054). 
The right to demand the full reading of the engrossed copy of a bill, 
guaranteed by the rule, exists only immediately 
832. The third gf^j. ft j^g passed to be engrossed and before it has 
been read a third time by title (IV, 3400, 3403, 
3404; VII, 1061), or before the yeas and nays have 
been ordered on the passage (IV, 3402). This right to demand the 
reading in full may cause the bill to be laid aside until engrossed even 
though the previous question may be ordered (IV, 3395-3399; VII, 
1062). A special order does not deprive the Member of his right to 
demand the reading of the engrossed bill (IV, 3401), and a privileged 
motion may not intervene before the third reading (IV, 3405). A 
vote on the passage has been reconsidered in order to remedy the 
omission to read a bill a third time (IV, 3406). Senate bills are not 
engrossed in the House; but are ordered to a third reading. The 
demand for the reading of the engrossed copy of a Senate bill can 
not be made in the House (VIII, 2426). 
A bill in the House (as distinguished from the Committee of the 

Whole) is amended pending the engrossment and 
833. Voting on ^^ reftding ^ 5781; yjj^ 1Q51) m %^ The 

question on engrossment and third reading being 
decided in the negative the bill is rejected (IV, 3420, 3421). A bill 
must be considered and voted on by itself (IV, 3408) . Where the two 
Houses pass similar but distinct bills on the same subject it is necessary 
that one or the other House act again on the subject (IV, 3386). The 
requirement of a two-thirds vote for proposed constitutional amend- 
ments has been construed in the later practice to apply only to the 
vote on the final passage (V, 7029, 7030; VIII, 3504). A bill having 
been rejected by the House, a similar but not identical bill on the same 
subject was afterwards held to be in order (IV, 3384). 

2. No appropriation shall be reported in any gen- 
eral appropriation bill, or be in order 
as an amendment thereto, for any ex- 
penditure not previously authorized by 
i aw? unless in continuation of appro- 
priations for such public works and objects as are 

[426] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XXI. 835. 

already in progress. Nor shall any provision in 
any such bill or amendment thereto changing ex- 
isting law be in order, except such as being ger- 
mane to the subject matter of the bill shall retrench 
expenditures by the reduction of the number and 
salary of the officers of the United States, by the re- 
duction of the compensation of any person paid out of 
the Treasury of the United States, or by the reduction 
of amounts of money covered by the bill: Provided, 
That it shall be in order further to amend such bill 
upon the report of the committee or any joint com- 
mission authorized by law or the House Members of 
any such commission having jurisdiction of the sub- 
ject matter of such amendment, which amendment 
being germane to the subject matter of the bill shall 
retrench expenditures. 

The rule was first adopted in 1837, to prevent delay of appropriation 
bills because of contention over propositions of legislation. It has been 
amended at various times, especially the second sentence in the rule, 
permitting legislation tending to reduce expenditures, known as the 
"Holman Rule." Substantially the present form of the retrenchment 
rule was adopted in 1876, and employed from 1876 to 1885. The 
present form was adopted in the Fifty-second Congress and continued 
throughout the Fifty-third Congress. The "Holman Rule" was 
dropped during the Fifty-fourth to Sixty-first Congresses (1895-1911), 
and readopted in the Sixty-second and subsequent Congresses (IV, 
3578; VII, 1125). 

As all bills making or authorizing appropriations require considera- 
tion in Committee of the Whole, it follows that the 
835. Points of enforcement of the rule must ordinarily occur during 

approp^fro^Mis. consideration in Committee of the Whole, where the 
Chair, on the raising of a point of order, may rule 
out any portion of the bill in conflict \vith the rule (IV, 3811). No 
report of parts of the bill thus ruled out is made to the House. It is 

[427] 



RULES OF THE HOUSE (XF REPRESENTATIVES 
836. Rule XXL 

the practice, therefore, for some Member to reserve points of order 
when a general appropriation bill is referred to Committee of the Whole, 
in order that portions in violation of the rule may be eliminated in the 
committee (V, 6921-6925; VIII, 3450; Chairman Chindblom, Feb. 6, 
1926, p. 3456). Points of order against unauthorized appropriations 
or legislation on general appropriation bills may be made as to the 
whole or a portion only of a paragraph (IV, 3652; V, 6881), and the 
fact that a point is made against a portion of a paragraph does not 
prevent another point against the whole paragraph (V, 6882). And if 
a portion of a proposed amendment be out of order, it is sufficient for 
the rejection of the whole amendment (V, 6878-6880) ; and where a 
point is made against the whole of a paragraph the whole must go out, 
but it is otherwise when the point is made only against a portion (V, 
6884, 6885). In the administration of the rule it is the practice that 
those upholding an item of appropriation should have the burden of 
showing the law authorizing it (IV, 3597; VII, 1179, 1233, 1276). 
The authorization by existing law required in the rule to justify 
appropriations may be made also by a treaty if it 
orization lias been ratified by both the contracting parties 
(*^, 3587). And a resolution of the House has been 
held sufficient authorization for an appropriation 
for the salary of an employee of the House (IV, 3656-3658) even though 
the resolution may have been agreed to only by a preceding House 
(IV, 3660). Previous enactment of items of appropriation unautho- 
rized by law does not justify similar appropriations in subsequent bills 
(VII, 1145, 1150, 1151) unless if through appropriations previously 
made, a function of the government has been established which would 
bring it into the category of continuation of works in progress (VII, 
1280) . The omission to appropriate during a series of years for an 
object authorized by law does not repeal the law, and consequently an 
appropriation when proposed is not subject to the point of order 
(IV, 3595) . The law authorizing each head of a department to employ 
such numbers of clerks, messengers, copyists, watchmen, laborers, and 
other employees as may be appropriated for by Congress from year to 
year is held to authorize appropriations for those positions not other- 
wise authorized by law (IV, 3669, 3675, 4739); but this law does not 
apply to offices not within departments or not at the seat of government 
(IV, 3670-3674). By a general provision of law appropriations for 
investigations and the acquirement and diffusion of information by the 

[428] 



RULES OF THE HOUSE OF REPKESEKTATIVES 
Rule XXL 857,838. 

Agricultural Department on subjects related to agriculture are generally 
in order in the agricultural appropriation bill (IV, 3649). It has once 
been held that this law would authorize also appropriations for the 
instrumentalities of such investigations (IV, 3615) ; but these would not 
include the organization of a bureau to conduct the work (IV, 3651). 
The law does not either authorize general investigations by the depart- 
ment (IV, 3652), or cooperation with state investigations (IV, 3650; 
VII, 1301, 1302), or the investigation of foods in relation to commerce 
(IV, 3647; 3648; VII, 1298), or the compiling of tests at an exposition 
(IV, 3653). The Supreme Court of the United States held in "The 
Pocket Veto Case" (279 U. S. 655; VII, 1115) that a bill not signed 
by the President within ten days (Sundays excepted), Congress in the 
meanwhile having adjourned for the session, was not a law. 
Judgments of courts certified to Congress in accordance with law or 
authorized by treaty (IV, 3634, 3635, 3644) and 
837. Authoriza- auditing under authority of law have been held to be 
authorization for appropriations for the payment of 
claims (IV, 3634, 3635). But unadjudicated claims 
(IV, 3628), even though ascertained and transmitted by an executive 
officer (IV, 3625-3640), and findings filed under the Bowman Act do 
not constitute authorization (IV, 3643) . 

An appropriation for an object not otherwise authorized does not 
make authorization to justify a continuance of the appropriation 
another year (IV, 3588, 3589; VII, 1128, 1145, 1149, 1191), and the 
mere appropriation for a salary does not create an office so as to justify 
appropriations in succeeding years (IV, 3590, 3672, 3697), it being a 
general rule that propositions to appropriate for salaries not established 
by law or to increase salaries fixed by law are out of order (IV, 3664- 
3667, 3676-3679). But an exception to these general principles is 
found in the established practice that in the absence of a general law 
fixing a salary the amount appropriated in the last appropriation bill 
has been held to be the legal salary (IV, 3687-3696). A law having 
established an office and fixed a salary, it is not in order to provide for 
an unauthorized oflSce and salary in lieu of it (IV, 3680). 

An appropriation for a public work hi excess of a fixed limit of cost 
(IV, 3583, 3584; VII, 1133), or for extending a service 
838. Authoriza- beyond the limits assigned by an executive officer 
exercising a lawful discretion (IV, 3598), or by 
actual law (IV, 3582, 3585), or for purposes pro- 
hibited by law are out of order (IV, 3580, 3581, 3702). But the mere 

[429] 



KUI/ES OF THE HOUSE OP REPRESENTATIVES 
839, 840. Bale XXI. 

appropriation of a sum "to complete" a work does not fix a limit of 
cost such as would exclude future appropriations (IV, 3761). A 
declaration of policy in an act followed by specific provisions conferring 
authority upon a governmental agency to perform certain functions is 
not construed to authorize appropriations for purposes germane to the 
policy but not specifically authorized by the act (VII, 1200). 

The rule requiring appropriations to be authorized by existing law 
excepts those "in continuance of appropriations for 
839. Continuation such public works and objects as are already in 
Progress" (IV, 3578). But an appropriation in 
violation of existing law or to extend a service 
beyond a fixed limit (IV, 3585; VII, 1332), is not in order as the con- 
tinuance of a public work (IV, 3702-3724). Interruption of a work 
does not necessarily remove it from the privileges of the rule (IV, 3705- 
3708) ; but the continuation of the work must not be so conditioned m 
relation to place as to become a new work (IV, 3704). It has been 
held that a work has not been begun within the meaning of the rule 
when an appropriation has been made for a site for a public building 
(IV, 3785), or when a commission has been created to select a site or 
when a site has actually been selected for a work (IV, 3762-3763), or 
when a survey has been made (IV, 3782-3784). By "public works 
and objects already in progress" are meant tangible matters like 
buildings, roads, etc., and not duties of officials in executive depart- 
ments (IV, 3709-3713), or the continuance of a work indefinite as to 
completion and intangible in nature like the gauging of streams (IV, 
3714, 3715). A general system of roads on which some work has 
been done can not be admitted as a work in progress (VII, 1333), 
(See 847 relating to reappropriation for continuation of public works 
in progress). 

Thus the continuation of the following works has been admitted: A 
5 840. Examples topographical survey (IV, 3796, 3797; VII, 1382), 

illustrating the a geological map (IV, 3795), marking of a boundary 

continuation of line (IV, 3717), marking graves of soldiers (IV, 3788), 

a public work. & list of claims ( IV? 3717)> and rec oinage of coins in 

the Treasury (IV, 3807) ; but the following works have not been ad- 



[4301 



RULES OF THE HOUSE OF REPRESENTATIVES 
Bole XXI. 841. 

mitted: Investigation of materials, like coal (IV, 3721), scientific in- 
vestigations (IV, 3719; VII, 1345), duties of a commission (IV, 3720; 
VII, 1344), extension of foreign markets for goods (IV, 3722), printing 
of a series of opinions indefinite in continuance (IV, 3718), free evening 
lectures in the District of Columbia (IV, 3789), continuation of an 
extra compensation for ordinary facility for carrying the mails (IV, 
3808), although the continuation of certain special mail facilities has 
been admitted (IV, 3804r-3806). But appropriations for rent and 
repairs of buildings of Government roads (IV, 3793, 3798) and bridges 
(IV, 3803) have been admitted as in continuation of a work (IV, 
3777, 3778), although it is not in order as such to provide for a new 
building in place of one destroyed (IV, 3606). Nor is it in order to 
repair paving adjacent to a public building but in a city street, although 
it may have been laid originally by the Government (IV, 3779). The 
purchase of adjoining land for a work already established has been 
admitted under this principle (IV, 3766-3773) and also additions to 
existing buildings in cases where no limits of cost have been shown 
(IV, 3774, 3775) . But the purchase of a separate and detached lot of 
land is not admitted (IV, 3776). 

A provision of law authorizing Commissioners of the District of 
Columbia to take over and operate the fish wharves of the city of 
Washington was held insufficient authority to admit an appropriation 
for reconstructing the fish wharf (VII, 1187). 

Appropriations for new buildings at Government institutions have 
sometimes been admitted (IV, 3741-3750) when 
$ 841. New intended for the purposes of the institution (IV, 

ISstiSf 8 * 4 3747); but later decisions, in view of the indefinite 

institutions as in extent of the practice made possible by the early 
* decisions, have ruled out propositions to appropriate 
for new buildings in navy yards (IV, 3755-3759) and 
other establishments (IV, 3751-3754). Appropriations for new school- 
houses in the District of Columbia (IV, 3750; VII, 1358), for new 
Army hospitals (IV, 3740), for new lighthouses (IV, 3728), armor-plate 
factories (IV, 3737-3739), and for additional playgrounds for children 
in the District of Columbia (IV, 3792) have also been held not to be in 
continuation of a public work. 



[431] 



RULES OF THE HOUSE OF REPRESENTATIVES 
842. Rule XXL 

By a former broad construction of the rule an appropriation of a new 
and not otherwise authorized vessel of the Navy has 
been held to be a continuance of a public work (IV, 
services as in 3723, 3724) ; but since the Committee on Naval 

continuation of a Affairs was specifically given jurisdiction of "the 
pu c wor . increase of ships or vessels of all classes of the Navy" 

this line of decisions has been overruled (VII, 1351 ; Chairman Lehlbach, 
Jan. 22, 1926, p. 2621), While appropriations for new construction 
and procurement of aircraft and equipment for the Navy are not in 
order, appropriations for continuing experiments and development 
work on all types of aircraft are in order (Chairman Lehlbach, Jan. 22, 
1926, p. 2623). This former interpretation was confined to naval 
vessels, and did not apply to vessels in other services, like the Coast 
and Geodetic Survey or Lighthouse Service (IV, 3725, 3726), or to 
floating or stationary dry docks (IV, 3729-3736). The construction of 
a submarine cable in extension of one already laid was held not to be the 
continuation of a public work (IV, 371 6), but an appropriation for the 
Washington- Alaska military cable has been held in order (VII, 1348). 
The provision of the rule forbidding in any general appropriation 
842. Legislation kill a "provision changing existing law" is construed 
on appropriation to mean the enactment of law where none exists 

bms * (IV, 3812, 3813), or a proposition for repeal of 

existing law (VII, 1403). Existing law may be repeated verbatim in 
an. appropriation bill (IV, 3814, 3815), but the slightest change of the 
text causes it to be ruled out (IV, 3817; VII, 1391, 1394). The fact 
that an item has been carried in appropriation bills for many years 
does not exempt it from a point of order as being legislation (VII, 
1445, 1656). The reenactment from year to year of a law intended 
to apply during the year of its enactment only is not relieved, however, 
from the point that it is legislation (IV, 3822). A provision proposing 
to construe existing law is in itself a proposition of legislation and 
therefore not in order (IV, 39363938). Also a proposition to change 
a rule of the House is subject to the point of order (IV, 3819). The 
object to be appropriated for may be described without violating the 
rule (IV, 3864). Propositions to establish affirmative directions for 
executive officers (IV, 3854r-3859; VII, 1443), even in cases where they 
may have discretion under the law so to do (IV, 3853), or to take away 
an authority or discretion conferred by law (IV, 3862, 3863; VII, 1675), 

[432] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XXI- 843. 

are subject to the point of order. Limits of cost for public works may 
not be made or changed (IV, 3761, 3865-3867; VII, 1446), or contracts 
authorized (IV, 3868-3870); but P. L. 85-759 made it in order to 
provide limitations on annual accrued expenditures covering amounts 
becoming payable as a result of obligations incurred both in the fiscal 
year concerned and in prior fiscal years, and to include provisions 
authorizing the head of a department or establishment to make trans- 
fers between such limitation on annual accrued expenditures. 

In rare instances the House, by agreeing to a report from the Com- 
mittee on Rules or by adopting an order under suspension of the rules 
(IV, 3845), has authorized legislation on general appropriation bills 
(IV, 3260-3263, 3839-3844). The principle seems to be generally 
accepted that the House proposing legislation on a general appro- 
priation bill should recede if the other House persists in its objection 
(IV, 3904r-3908). A paragraph which proposes legislation being per- 
mitted to remain may be perfected by a germane amendment (IV, 
3823-3835, 3838; VII, 1405, 1413-1415), but this does not permit an 
amendment which adds additional legislation (IV, 3836, 3837, 3862; 
VII, 1420-1436). And where a Senate amendment proposes legisla- 
tion the same principle holds true (IV, 3836-3838, 3862). 

Although the rule forbids on any general appropriation bill a provi- 
sion "changing existing law/' which is construed to 
843. Limitations me an legislation generally, the House's practice has 
bflis PPr n established the principle that certain "limitations" 
may be admitted. It being established that the 
House under its rules may decline to appropriate for a purpose author- 
ized by law, so it may by limitation prohibit the use of the money for 
part of the purpose while appropriating for the remainder of it (IV, 
3936; VII, 1595). The language of the limitation provides that no 
part of the appropriation under consideration shall be used for a certain 
designated purpose (IV, 3917-3926; VII, 1580). And this designated 
purpose may reach the question of qualifications, for while it is not in 
order to legislate as to the qualifications of the recipients of an appro- 
priation the House may specify that no part of the appropriation shall 
go to recipients lacking certain qualifications (IV, 39423952; VII, 
1655). The limitation must apply solely to the money of the 
appropriation under consideration (VII, 1597, 1600, 1720), and 
may not be made applicable to money appropriated in other acts 
(IV, 3927, 3928; VII, 1495, 1525). The limitation may not be 
applied directly to the official functions of executive officers (IV, 
3957-3966; VII, 1673, 1678, 1685), but it may restrict executive dis- 
cretion so far as this may be done by a simple negative on the use of 
the appropriation (IV, 3968-3972; VII, 1583, 1653). But coupling 
a denial of an appropriation with a negative restriction on official 

[433] 



RULES OF THE HOUSE OF EEPKESENTATIVES 
844. Rule XXL 

duties constitutes by reason of the use of a double negative an affirm- 
ative direction and is not in order (VII, 1690-1692). 

But such limitations must not give affirmative directions (IV, 3854- 
3859, 3975; VII, 1637), and must not impose new duties upon an exec- 
utive officer (VII, 1676); and must not be coupled with legislation not 
directly instrumental in affecting a reduction (VII, 1555, 1557). 

In construing a proposed limitation, if the Chair finds the purpose to 
be legislative, in that the intent is to restrict executive discretion to a 
degree that may be fairly termed a change in policy rather than a matter 
of administrative detail, he should sustain the point of order (VII, 
1691). 

The fact that a provision would constitute legislation for only a year 
does not make it a limitation in order under the rule (IV, 3936). Nor 
may a proposition to construe a law be admitted (IV, 3936-3938). 
Care should also be taken that the language of limitation be not such as, 
when fairly construed, would change existing law (IV, 3976-3983) or 
justify an executive officer in assuming an intent to change existing 
law (IV, 3984; VII, 1706). 

"HOLMAN RULE," RETRENCHING EXPENDITURE. 

A motion to recommit the District of Columbia appropriation bill 
$ 844. Legislation with instructions to reduce the proportion of the 
reducing fund appropriated from the Public Treasury from 

expenditures. one-half, as provided in the bill, to one-fourth of 

the entire appropriation is in order, since the effect of the amendment 
if adopted would reduce the expenditure of public money although 
not reducing the amount of the appropriation (VII, 1518). 

The term "retrenchment" means the reduction of the amount of 
money to be taken out of the Federal Treasury by the bill, and therefore 
a reduction of the amount of money to be contributed toward the 
expenses of the District of Columbia is in order as a retrenchment 
(VII, 1502). 

An amendment to the pension appropriation bill tending to increase 
the class of persons prohibited from the benefits of the pension laws is 
in order, because its effect would be to reduce expenditures (March 5, 
1892, p. 1792). 

An amendment to the pension appropriation bill providing that no 
fee shall be paid to a member of an examining board for services in 
which he did not actually participate is not subject to a point of order 
under this rule, since, while changing existing law, its effect is to reduce 
expenditures by decreasing compensation (VII, 1515). 

C434] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Bole XXI. 

The following provision in the Army appropriation bill, namely, 
"That hereafter no money appropriated for Army transportation shall 
be used in payment for the transportation of troops and supplies of 
the Army" over certain lines of railroad which are indebted to the 
Government, was held subject to the point of order under this rule on 
the ground that on its face it did not reduce expenditures in any of the 
three methods enumerated in the first portion of the rule; that such a 
motion should come officially from the committee having jurisdiction, 
and not as an integral part of an appropriation bill (IV, 3927). 

A provision in the sundry civil appropriation bill "that all articles 
imported for the use of the Lighthouse Establishment shall be admitted 
without the payment of duty" is subject to the point of order that it 
changes law and is not within the exceptions mentioned in the rule 
(IV, 3890). 

An amendment fixing a minimum compensation of an officer of the 
Government is subject to the point of order that it changes existing law 
without reducing expenditures (VII, 1484) ; but an amendment fixing 
a maximum compensation is in order if the proposed maximum fixes 
a lower compensation than that authorized by law (VII, 1498). 

An amendment proposed to an item for the recoinage of uncurrent 
fractional silver, which amendment struck out the amount appropriated 
and added a provision for the coinage of all the bullion in the Treasury 
into standard silver dollars, the cost of such coinage and recoinage to 
be paid out of the Government's seigniorage, was held not to be in 
order under the rule; first, because not germane to the subject matter 
of the bill (the sundry civil) ; second, because it did not appear that 
any retrenchment of expenditure would result, the seigniorage being 
the property of the Government as other funds in the Treasury (VII, 
1547). 

To an item of appropriation for inland transportation of mails by 
star routes an amendment was offered requiring the Postmaster 
General to provide routes and make contracts in certain cases, with 
the further provision "and the amount of appropriation herein for 
star routes is hereby reduced to $500." A point of order made against 
the first or legislative part of the amendment was sustained, which 
decision was, on appeal, affirmed by the committee (VII, 1555). 

To a clause appropriating for transportation of foreign mails an 
amendment providing that no further contract shall be entered into 
by the Postmaster General under the act known as the "subsidy act" 
was held not in order because not directly retrenching expenditure in 
the manner prescribed in the rule (IV, 3846). 

[435] 



RULES OP THE HOUSE OF REPRESENTATIVES 
844. Rule XXI. 

To an item of appropriation for transportation of foreign mails an 
amendment providing that "no money hereby appropriated," etc., 
shall be expended in carrying out contracts hereafter made under the 
act known as the "subsidy act," was held to be in order under the rule 
(VII, 1486). 

To a clause appropriating for the foreign mail service an amendment 
reducing the appropriation, and in addition repealing the act known as 
the "subsidy act," was held not in order because the repealing of this 
act was not germane to the appropriation bill; and that to be in order 
both branches of the amendment must be germane to the bill (VII, 
1548). 

A provision in the agricultural appropriation bill transferring the 
supervision of the importation of animals from the Treasury to the 
Department of Agriculture is out of order, being a provision changing 
law and not retrenching expenditure (IV, 3886). 

An amendment reducing the amount appropriated for railroad 
transportation of mails, coupled with a proviso directing the Post- 
master General to reduce 10 per cent the annual compensation for 
transportation of mails on railroads, was held to be in order as within 
the exceptions to the rule (IV, 3891). 

An amendment to an appropriation bill, providing that in the pur- 
chase of materials for public purposes preference should be given to 
domestic products, was held out of order as being a change of law and 
not a mere limitation of the expenditure of the fund appropriated 
(IV, 3813). 

An amendment was proposed reducing by one the number of clerks 
in a bureau provided for in the bill, coupled with a distinct provision 
repealing part of an act, the effect of which repeal would dispense with 
the one clerk in such bureau. Held that so much of the amendment 
as provided for the repeal was subject to the point of order, its effect 
not being directly to reduce expenditures (IV, 3889). 

The reduction of expenditure must appear as a necessary result, in 
order to bring an amendment or provision within the exception to the 
rule. It is not sufficient that such reduction would probably, or 
would in the opinion of the Chair, result therefrom (IV, 3887; VII, 
1530-1534). 

In an amendment providing that a certain class of persons, now on 
the pension rolls, shall hereafter not receive pensions, the retrenchment 
of expenditure is apparent, and the amendment is in order (IV, 3887). 

To an item appropriating "for free delivery service, $10,450,000," an 
amendment was submitted striking out that sum and inserting 

[436] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XXI. 

"$10,449,000, to be disbursed in such manner," etc. (the manner pre- 
scribed being a new provision of law) . It was held that the amendment 
was germane; that while it changed existing law, it reduced the amount 
appropriated by the bill, and was therefore in order (June 1, 1892, 
p. 4909-4911). Upon appeal, this decision was, after full debate, sus- 
stained by the Committee of the Whole (June 1, 1892, p. 4920). 

To a bill making appropriations for the Indian Service, an amendment 
transferring the management of Indian affairs from the Department of 
the Interior to the War Department, but providing no reduction of 
expenditures, was held to be germane as an amendment, but subject to 
the point of order, as being a change of law, and no retrenchment 
appearing as the result of the proposed change (IV, 3885). 

To the pension appropriation bill, a proposed amendment transferring 
the Pension Bureau from the Department of the Interior to the War 
Department; also providing that the offices of Commissioner and 
Deputy Commissioner of Pensions be abolished, and that the duties of 
those offices be performed by Army officers, to be designated for that 
purpose, without additional pay, was held to be in order, being germane 
and retrenching expenditures in the manner provided in the rule 
(IV, 3887). 

On the post office appropriation bill an amendment striking out 
$9,500,000 for transportation of mails on railroad routes, and substitut- 
ing "For transportation on railroad routes $9,490,000, of which sum 
$150,000 may be used by the Postmaster General to maintain and secure 
from railroads necessary and special facilities for the Postal Service for 
the fiscal year ending June 30, 1888," was held in order under the rule, 
as it reduced the appropriation (IV, 3892) . 

The amendment must not only show on its face an attempt to 
retrench but must also be germane to some provision in the bill even 
though offered by direction of the committee having jurisdiction of the 
subject matter of the amendment (December 16, 1911, p. 442; VII, 
1549). 

An amendment changing existing law, under proviso of clause 2, 
Rule XXI, must be authorized by the House committee having juris- 
diction of the subject matter of legislation (VII, 1563, 1564). 

An amendment reducing the number of Cavalry regiments from 15 to 
10 is in order, for while the Chair can not fix the amount of the reduc- 
tion, that a reduction will follow seems to be a fair and necessary con- 
clusion (VII, 1491). 



G25S1 H. Doc. 459, 86-2 29 [437] 



RULES OF THE HOUSE OF REPRESENTATIVES 
845. Ru l XXI. 

A provision abolishing two offices and creating in lieu thereof one 
office at a smaller salary than the combined salary of the two offices 
abolished is in order (VII, 1504). 

A paragraph containing legislation reported in an appropriation bill 
to be in order must on its face show a retrenchment in one of the three 
methods provided in the rule (Chairman Lehlbach, Mar. 17, 1926, 
p. 5804). 

It is not enough that the provision reduces the number and salary of 
the officers of the United States or reduces the compensation of any 
person paid out of the Treasury, but it "must retrench expenditures" 
by doing that (VII, 1500). 

Where a paragraph containing new legislation provides in one parfc 
for a discharge of employees, which means a retrenchment, and in 
another part embodies legislation to bring about the particular retrench- 
ment which in turn shows on its face an expenditure the amount of 
which is not apparent, the Chair is unable to hold that the net result will 
retrench expenditures. But where the additional legislation does not 
show on its face an additional expenditure, the Chair will not speculate 
as to a possible expenditure under the additional legislation (VII, 1500) . 

Under the proviso of the rule the committee having jurisdiction of 
the subject matter of the amendment must formally report the proposi- 
tion to the House (VII, 1569). 

3. No bill for the payment or adjudication of any 
845 Restriction private claim against the Government 
on the reference shall be referred, except by unanimous 
of claims. consent, to any other than the follow- 

ing committees, namely: To the Committee on For- 
eign Affairs or to the Committee on the Judiciary. 

The present form of this rule was made effective January 2, 1947, 
as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812). 
The old rule, adopted in 1885 and amended May 29, 1936, provided 
that private claims bills be referred to a Committee on Invalid Pen- 
sions, Claims, War Claims, Public Lands, and Accounts, in addition 
to the Committees on Foreign Affairs and Judiciary. Certain private 
bills, resolutions and amendments are barred ( 852). 



[433] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Bole XXI. J 846. 

4. No bill or joint resolution carrying appropria- 
$846. Restriction tions shall be reported by any com- 
^pril^ntT'* mittee not having jurisdiction to report 
appropriations, nor shall an amendment proposing 
an appropriation be in order during the consideration 
of a bill or joint resolution reported by a committee 
not having that jurisdiction. A question of order on 
an appropriation in any such bill, joint resolution, or 
amendment thereto may be raised at any time. 

This rule was adopted June 1, 1920 (VII, 2133). 

A point of order under this rule cannot be raised against a motion to 
suspend the rules (VIII, 3426), against a motion to discharge a non- 
appropriating committee from consideration of a bill carrying an 
appropriation (VII, 2144), or against a Senate amendment to an appro- 
priation bill (VII, 1572), but it may be directed against an item of 
appropriation in a Senate bill (VII, 2136, 2147, Aug. 2, 1957, p. 13497, 
13501), and in such event takes the form of an amendment. The 
point of order may be made against an appropriation in a Senate bill 
under consideration even though the bill lias not been reported by a 
committee of the House (VII, 2137; Mar. 29, 1933, p. 988). The rule 
does not apply to private bills since the committees having jurisdiction 
of bills for the payment of private claims may report bills making appro- 
priations within the limits of their jurisdiction (VII, 2135, Dec. 12, 
1924, p. 538). The point of order under this rule does not apply to an 
appropriation in a bill which has been taken away from a nonappro- 
priating committee by a motion to discharge (VII, 1019a) . 

The point of order should be directed to the item of appropriation 
in the bill and not to the act of reporting the bill (VII, 2143), and 
cannot be directed to entire bill or entire section (VII, 2142). 

The point of order provided for in this clause is not applicable to 
propositions authorizing the Secretary of the Treasury to use proceeds 
from the sale of bonds under the Second Liberty Bond Act (public debt 
trasactions) for the purpose of making loans, since such loans do not 
constitute "appropriations" within the purview of the rule (June 28, 
1949, p. 8536-38; Aug. 2, 1950, p. 11599). The term "appropriation" 
in the rule means the payment of funds from the Treasury, and the 
words "warranted and make available for expenditure for payments" 
are equivalent to "is hereby appropriated" and therefore not in order 
(VII, 2150). The words "available until expended," making an 
appropriation already made for one year available for ensuing years, 
are not in order (VII, 2145). Language reappropriating, making 

[439] 



RTTLES OF THE HOUSE OF EEPRESEKTTATITES 

847, 848. Rule XXI, 

available, or diverting an appropriation or a portion of an appropriation 
already made for one purpose to another is not in order (VII, 2146; 
Mar. 29, 1933, p. 988). A direction to a departmental officer to pay 
a certain sum out of unexpended balances is equivalent to an appropri- 
ation and not in order (VII, 2154). Language authorizing the use of 
funds of the Shipping Board is not in order (VII, 2147"). A direction 
to pay out of Indian trust funds is not in order (VII, 2149). 

An amendment increasing the duties of a commission is not neces- 
sarily an appropriation (VII, 1578). Language authorizing payment 
from an appropriation to be made or authorizing payment from an 
appropriation that has not yet been made is in order (Jan. 31, 1923, 
p. 2794). 

5. No general appropriation bill or amendment 
847. Reappropria- thereto shall be received or considered 
tiona prohibited. if ft contains a provision reappropriat- 
ing unexpended balances of appropriations; except 
that this provision shall not apply to appropriations 
in continuation of appropriations for public works on 
which work has commenced. 

This provision from Sec, 139 (c) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules January 
3, 1953, p. 24. 

The following citations are not applicable because of the provisions 
above but are carried here because of their historical significance: The 
reappropriation of an unexpended balance for an object authorized by 
law may be made on an appropriation bill (IV, 3591, 3592; VII, 1156, 
1158), but it is not in order to provide for a revolving fund (VII, 1160). 
The return of an unexpended balance to the Treasury is in order (IV, 
3594). 

6. No general appropriation bill shall be considered 
848. Printed hear- ^ *ke House until printed committee 
ings and reports on hearings and a fiOTn.Tni.ttee report there- 

appropdation bill* ^ ^^ ^^ ^ft^fe fa ^ Members 

of the House for at least three calendar days. 

This provision from Sec. 139 (a) of the Legislative Reorganization 
Act of 1946 was made a part of the standing rules January 3, 1953, p. 24. 

[440] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rale XXII. g 49 

RULE XXII. 

OF PETITIONS, MEMORIALS, BILLS, AND RESOLUTIONS. 

1. Members having petitions or memorials or bills 
849. introduction of a private nature to present may 
^rrroLis, deliver them to the Clerk, indorsing 
and private bias. fa&r names an( j fa e reference or dispo- 
sition to be made thereof; and said petitions and 
memorials and bills of a private nature, except such 
as, in the judgment of the Speaker, are of an obscene 
or insulting character, shall be entered on the Journal, 
with the names of the Members presenting them, and 
the Clerk shall furnish a transcript of such entry to 
the official reporters of debates for publication in the 
Record. 

At the first organization of the House in 1789 the rules then adopted 
provided for the presentation of petitions to the House by the Speaker 
and Members, and for the introduction of bills by motion for leave. 
In 1842 it was found necessary, in order to save time, to provide that 
petitions and memorials should be filed with the Clerk. In 1870, 1879 
and 1887 the practice as to petitions was extended to private bills, at 
first as to certain classes and later so that all should be filed with the 
Clerk (IV, 3312, 3365; VII, 1024). 

Petitions, memorials, and other papers addressed to the House may 
be presented by the Speaker as well as by a Member 
Duties of Speaker (jy, 3312) . Petitions from the country at large are 
and Members presented by the Speaker in the manner prescribed 



by the rule (III, 2030; IV, 3318; VII, 1025). A 
Member may present a petition from people of a 
State other than his own (IV, 3315, 3316) . The House itself may refer 
one portion of a petition to one committee and another portion to 
another committee (IV, 3359, 3360), but ordinarily the reference of a 
petition does not come before the House itself. A committee may 
receive a petition only through the House (IV, 4557). 

[441] 



RTTLES OF THE HOUSE OF REPRESENTATIVES 

850-853. Rule XXDT. 

While the parliamentary law provides that the House may commit a 
portion of a bill, or a part to one committee and 
850. AS to part to an other (V, 5558), yet under the practice of 

the House a bill or joint resolution may not be divided 
for reference, although it may contain matters prop- 
erly within the jurisdiction of several committees (IV, 4372, 4376). 
851. Fraudulent Tk e fraudulent introduction of a bill involves a 

introduction of question of privilege, and a bill so introduced was 

a bill. ordered stricken from the files (IV, 3388). 

2. No private bill or resolution (including so-called 

omnibus claims or pension bills), and 

852. Certain r 1-11 

private bnis no amendment to any bill or resolu- 

prohibited. tion, authorizing or directing (1) the 

payment of money for property damages, for per- 
sonal injuries or death for which suit may be insti- 
tuted under the Tort Claims Procedure as provided 
in Title 28, United States Code, or for a pension 
(other than to carry out a provision of law or treaty 
stipulation); (2) the construction of a bridge across 
a navigable stream; or (3) the correction of a military 
or naval record, shall be received or considered in 
the House. 

This provision from Sec. 131 of the Legislative Reorganization Act 
of 1946 (60 Stat. 812) was made a part of the standing rules January 3 
1953, p. 24. 

3. Any petition or memorial or private bill excluded 
853. correction under this rule shall be returned to the 
of errors m Member from whom it was received; 
Jreuuionto and petitions and private bills which 
jurisdiction. have been inappropriately referred may, 
by the direction of the committee having possession 
of the same, be properly referred in the manner 

[442] 



RTTUES OP THE HOUSE OP REPRESENTATIVES 
Rnle XXIL $5^ 

originally presented; and an erroneous reference of 
a petition or private bill under this clause shall not 
confer jurisdiction upon the committee to consider 
or report the same. 

This rule was first adopted in 1880, although the portion relating to 
the return of certain petitions and bills was adapted from an older 
rule of 1842 (IV, 3312, 3365). 

Errors in reference of petitions, memorials, or private bills are 
corrected at the Clerk's table, without action by the House, at the 
suggestion of the committee holding possession (IV, 4379). As pro- 
vided in the rule, the erroneous reference of a private House bill does 
not confer jurisdiction, and a point of order is good when the bill comes 
up for consideration either in the House or in Committee of the Whole 
(IV, 4382-4389) . But in cases wherein the House itself refers a private 
House or Senate bill a point of order may not be raised as to jurisdiction 
(IV, 4390, 4391; VII, 2131). 

4. All other bills, memorials, and resolutions may, 
854. introduction, in like manner, be delivered, indorsed 
with the names of Members introducing 
them, to the Speaker, to be by him re- 
ferred, and the titles and references 
thereof and of all bills, resolutions, and documents 
referred under the rules shall be entered on the 
Journal and printed in the Record of the next day, 
and correction in case of error of reference may be 
made by the House, without debate, in accordance 
with Rule XI, on any day immediately after the read- 
ing of the Journal, by unanimous consent, or on 
motion of a committee claiming jurisdiction, or on 
the report of the committee to which the bill has 
been erroneously referred. 

[448] 



RULES OF THE HOUSE OF REPRESENTATIVES 
855,856. 

The rule of 1789 provided that all bills should be introduced on report 
of a committee or by motion for leave. By various modifications it was 
first provided that all classes of private bills should be introduced by 
filing them with the Clerk, and in 1890 this system was by this rule 
extended to all public bills (IV, 3365). 

The motion for a change of reference and subsidiary motions take 
precedence over motions to go into the Committee of the Whole for 
the consideration of appropriation bills and the consideration of con- 
ference reports (VII, 2124), and may not be debated (VII, 2126- 
2128). But the motion is not in order on Calendar Wednesday (VII, 
2117), and is not privileged under the rule if the original reference 
was not erroneous (VII, 2125). The motion may be amended, but the 
amendment, like the original motion, is subject to the requirement 
that it be authorized by the committee (VII, 2127); The motion 
must apply to a single bill and not to a class of bills (VII, 2125). 

According to the later practice the erroneous reference of a public 
bill, if it remain uncorrected, in effect gives jurisdiction to the com- 
mittee receiving it (IV, 4365-4371; VII, 1489, 2108-2113; VIII, 2312). 
And it is too late to move a change of reference after such committee 
has reported the bill (VII, 2110; VIII, 2312). Two or more Members 
cannot jointly introduce a bill or resolution under this rule. A special 
committee reported against this practice, and the report was adopted 
by the House (VII, 1029). 

5. All resolutions of inquiry addressed to the heads 
855. Resolutions of executive departments shall be re- 
of inquiry. ported to the House within one week 

after presentation. 

The House has exercised the right, from its earliest days, to call on the 
President and heads of departments for information. The first rule on 
the subject was adopted in 1820 for the purpose of securing greater care 
and deliberation in the making of requests. The present form of rule, 
in its essential features, dates from 1879 (III, 1856). 

Resolutions of inquiry are usually simple rather than concurrent in 
856. Forms of form (III, 1875), and are never joint resolutions (III, 

resolutions of 1860). A resolution authorizing a committee to 

inquiry and request information has been treated as a resolution of 

delivery thereof. inquiry (III, 1860). It has been considered proper 
to use the word "request" in asking for information from the President 
and "direct" in addressing the heads of departments (III, 1856, foot- 
note, 1895). It is usual for the House in calling on the President for 
information, especially with relation to foreign affairs, to use the quali- 

[444] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XXIL 857, 858. 

fying clause "if not incompatible with the public interest" (II, 1547; 
III, 1896-1901; V, 5759; VI, 436). But in some instances the House 
has made its inquiries of the President without condition, and has even 
made the inquiry imperative (III, 1896-1901). Resolutions of inquiry 
are delivered under direction of the Clerk (III, 1879) and are answered 
by subordinate officers of the Government either directly or through the 
President (III, 1908-1910). 

The practice of the House gives to resolutions of inquiry a privileged 
status. Thus, they are privileged for report and 
857. Privileged consideration at any time after their reference to a 
" committee (III, 1870; VI, 413, 414), but not before 



(III, 1857), and are in order for consideration only 
on motion directed to be made by the committee reporting the same 
(VI, 413; VIII, 2310). They are privileged for consideration on "Sus- 
pension days" and take precedence of the Consent Calendar (VI, 409), 
but are not in order on Calendar Wednesday (VII, 896-898). And 
only resolutions addressed to the President and the heads of the execu- 
tive departments have the privilege (III, 1861-1864; VI, 406). To 
enjoy the privilege a resolution should call for facts rather than opinions 
(III, 1872, 1873; VI, 413, 418-432), should not require investigations 
(III, 1872-1874; VI, 422, 427, 429, 432), and should not present a 
preamble (III, 1877, 1878; VI, 422, 427); but if a resolution on its 
face calls for facts, the Chair will not investigate the probability of the 
existence of the facts called for (VI, 422). However, a resolution in- 
quiring for such facts as would inevitably require the statement of an 
opinion to anwer such inquiry is not privileged (Speaker Longworth, 
Feb. 11, 1926, p. 3805). 

Questions of privilege (as distinguished from privileged questions) 
have sometimes arisen in cases wherein the head of a department has 
declined to respond to an inquiry and the House has desired to demand 
a further answer (III, 1891 ; VI, 435) ; but a demand for a more complete 
reply (III, 1892) or a proposition to investigate as to whether or not 
there has been a failure or refusal to respond may not be presented as 
involving the privileges of the House (III, 1893). 

Committees are required to report resolutions of inquiry back to the 

House within one week of the reference, and this 

858. Discharge of we ek's time is construed to be seven legislative davs 

( ylll > 3368 ; a P eat * r Bytw> F b - 8. 1950, p. 1755) 
exclusive of either the first or last day (III, 1858, 
1859). If a committee refuses or neglects to report the resolution 
back, the House may reach the resolution only by a motion to dis- 
charge the committee (III, 1865). The ordinary motion to dis- 
charge a committee is not privileged (VIII, 2316); but the practice 

[4453 



RULES OF THE HOUSE OF HEPRESEKTATIVES 
859-861. RuleXXIH. 

of the House has given privilege to the motion in cases of resolutions 
of inquiry (III, 1866-1870). And this motion to discharge is priv- 
ileged at the end of the week, even though the resolution may have 
been delayed in reaching the committee (III, 1871). The motion to 
discharge is not debatable (III, 1868; VI, 415). However, if the 
motion is agreed to, the resolution is debatable under the hour rule 
unless the previous question is ordered (VI, 416, 417). 

The President having failed to respond to a resolution of inquiry, 
the House respectfully reminded him of the fact 
859. Resolutions of (IIIj 18 9 ^ In 1796 tne House declared that its 
to^e^e^ti^. constitutional requests of the Executive for infor- 
mation need not be accompanied by a statement of 
purposes (II, 1509). As to the kind of information which may be 
required, especially as to the papers that may be demanded, there has 
been much discussion (III, 1700, 1738, 1888, 1902, 1903; VI, 402, 435). 
There have been several conflicts with the Executive (II, 1534, 1561; 
III, 1884, 1885-1889, 1894) over demands for papers and information, 
especially when the resolutions have called for papers relating to 
foreign affairs (II, 1509-1513, 1518, 1519). 

6. When a bill, resolution, or memorial is intro- 
860. introduction duced "by request/' these words shall 
m^o^by 0118 ' ^ entered upon the Journal and printed 
request. ^ the Record. 

This rule was adopted in 1888 (IV, 3366). 

It has never been the practice of the House to permit the names of the 
persons requesting the introduction of the bill to be printed in the 
Record. 

RULE XXIII. 

OF COMMITTEES OF THE WHOLE HOUSE. 

1. In all cases, in forming a Committee of the 
86i. selection Whole House, the Speaker shall leave 
of the his chair after appointing a Chairman 
to P^ide, who shall, in case of dis- 
ord * r - turbance or disorderly conduct in the 

galleries or lobby, have power to cause the same to 
be cleared. 

[446] 



RULES OF THE HOUSE OF REPRESENTATIVES 
RuleXXin. 802,863. 

This rule, adopted in 1880, was made from two older rules dating 
from 1789 and modified in 1794 to provide for the appointment of 
the Chairman instead of the inconvenient method of election by the 
committee (IV, 4704). 

The Sergeant-at-Arms attends the sittings of the Committee of the 
5862. Functions of Whole and, under direction of the Chairman, main- 
the Chairman of the tains order (I, 257). In rare cases wherein the 
Committee of the Chairman has been defied or insulted he has directed 
Whole - the committee to rise, left the chair and, on the chair 

being taken by the Speaker, has reported the facts to the House (II, 
1350, 1651, 1653). While the Committee of the Whole does not control 
the Congressional Record, the Chairman may direct the exclusion of 
disorderly words spoken by a Member after he has been called to order 
(V, 6987), but may not determine the privileges of a Member under 
general "leave to print" (V, 6988). The Chairman decides questions of 
order arising in the committee independently of the Speaker (V, 6927, 
6928), but has declined to consider a question arising in the House just 
before the committee began to sit (IV, 4725, 4726) . He recognizes for 
debate (V, 5003); but like the Speaker is forbidden to recognize for 
requests to suspend the rule of admission to the floor (V, 7285). He 
may direct the committee to rise when tbe hour previously fixed for 
adjournment of the House arrives, in which case he reports in the 
regular way (IV, 4785; VIII, 2376); but if the committee happens to 
be in session at the hour fixed for the meeting of the House on a new 
legislative day, it rests with the committee and not with the Chairman 
to determine whether or not the committee shall rise (V, 6736, 6737). 

2. Whenever a Committee of the Whole House or 
of the Whole House on the state of the 

863. Failure of a 

quorum in com- Union finds itself without a quorum, 

mittee of the Whole. -i-ii-ii , r> i 11 

which shall consist of one hundred 
Members, the Chairman shall cause the roll to be 
called, and thereupon the committee shall rise, and 
the Chairman shall report the names of the absentees 
to the House, which shall.be entered on the Journal; 
but if on such call a quorum shall appear, the com- 



[447] 



KTJUBS OF THE HOUSE OF REPRESENTATIVES 
864. RuIeXXm. 

mittee shall thereupon resume its sitting without 
further order of the House. 

It was the early practice for the Committee of the Whole to rise on 
finding itself without a quorum (IV, 2977), and it was not until 1847 
that a rule was adopted. In 1880 the rule was put in its present form, 
except for the provision making the quorum one hundred instead of the 
quorum of the House itself, which was adopted in 1890 (IV, 2966). 

Formerly on the failure of a quorum the roll was called but once (IV, 
2967), but in the later practice the roll is called twice as in other roll 
calls (VI, 668). Ordinarily when the roll has been called and the com- 
mittee has risen, it resumes its session by direction of the Speaker on 
the appearance of a quorum (IV, 2968; VI, 674). The quorum which 
must appear to enable the Speaker to direct the committee to resume 
its sitting is a quorum of the committee and not of the House (IV, 2970, 
2971) but if such quorum fails to appear, a quorum of the House is 
required (VI, 674). It was formerly held that after the committee has 
risen and reported its roll call, a motion to adjourn is in order before 
direction as to resumption of the session (IV, 2969), but under the 
later practice the committee immediately resumes its session without 
intervening motion or unanimous consent requests (VI, 672, 673; VIII, 
2377, 2379, 2436). The failure of a quorum of the House to answer on 
this roll call does not interfere with the authority of the Speaker to 
direct the committee to resume its session (IV, 2969) . The Chairman's 
count of a quorum is not subject to verification by tellers (VIII, 2369, 
2436) and he may count those present and not voting in determining 
whether a quorum is present (VI, 641). 

The presence of a quorum is not necessary for a motion that the Com- 
864. Rising and mittee of the Whole rise (IV, 2975, 2976, 4914); but 
reports of Com- when the committee rises without a quorum, it may 

mittee of the Whole no t report the bills it has acted on (IV, 2972, 2973), 
aS ortun ed to an( * suc k k^ 8 as have been laid aside to be reported 

remain in the committee until the next occasion, 
when the committee rises without question as to a quorum (IV, 4913). 
The fact that the vote whereby the committee rises does not show a 
quorum (IV, 4914) or that a point of no quorum has been made with- 
out an ascertainment thereof (IV, 2974), does not prevent a report of 
the bills already acted on. The Chairman having announced the 
absence of a quorum hi Committee of the Whole, a motion to rise is in 
order and if a quorum develops on the vote by which the motion is 
rejected the roll is not called and the committee proceeds with its 

[448] 



RULES OF THE HOUSE OF REPRESENTATIVES 
RuleXXm. 865.866. 

business (VIII, 2369). The passage of a bill by the House is not 
invalidated by the fact that the Committee of the Whole reported it on 
an erroneous supposition that a record vote had disclosed a quorum 
(IV, 2972). 

3. All motions or propositions involving a tax or 
865. subjects charge upon the people, all proceedings 
r Zlf5>^t d r" touching appropriations of money, or 
of the whole. bills making appropriations of money 
or property, or requiring such appropriation to be 
made, or authorizing payments out of appropria- 
tions already made, or releasing any liability to the 
United States for money or property, or referring 
any claim to the Court of Claims, shall be first con- 
sidered in a Committee of the Whole, and a point of 
order under this rule shall be good at any time before 
the consideration of a bill has commenced. 

The first form of this rule was adopted in 1794, and it has been per- 
fected by amendments in 1874 and 1896 (IV, 4792). 

To require consideration in Committee of the Whole, a bill must show 
see. Construction on ^ s ^ ace "^at ^ ^ a ^ s ^i*^ 11 ^ ne requirements of the 
of the rule, requiring rule (IV, 4811-4817; VIII, 2391), but where the 
consideration in expenditure is a mere matter of speculation (IV, 

Who^ ttee fthe 4818-4821; VIII, 2388), or where the bill might 
involve a charge, but does not necessarily do so 
(IV, 4809, 4810), the rule does not apply. In passing upon the ques- 
tion as to whether a proposition involves a charge upon the Treasury, 
the Speaker is confined to the provisions of the text and may not take 
into consideration personal knowledge not directly deducible therefrom 
(VIII, 2386, 2391). Resolutions reported by the Committee on House 
Administration appropriating from the contingent fund of the House 
are considered in the House (VIII, 2415, 2416). Appropriations from 
contingent fund by other committees than House Administration are 
considered in Committee of the Whole (VIII, 2416). A bill providing 
for an expenditure which is to be borne otherwise than by the Govern- 



[449] 



RTJIiES OF THE HOUSE OF KEPRESENTATl VES 
867.868. RuleXXIU. 

ment (IV, 4831; VIII, 2400), or relating to money in the Treasury in 
trust (IV, 4835, 4836, 4853; VIII, 2413), is not governed by the rule. 
But where a bill sets in motion a train of circumstances destined 
ultimately to involve certain expenditures, it must be considered in 
Committee of the Whole (IV, 4827; VIII, 2399), as must also bills 
ultimately authorizing officials in certain contingencies to part with 
property belonging to the United States (VIII, 2399). The require- 
ments of the rule apply to amendments as well as to bills (IV, 4793, 
4794; VIII, 2381), and also to any portion of a bill requiring an appro- 
priation, even though it be merely incidental to the bill's main purpose 
(IV, 4825). Under the later practice general (as well as private and 
special) bills providing for the adjudication and payment of claims are 
held to be within the requirements of the rule (IV, 4856-4859). 

The House may consider in Committee of the Whole subjects not 
867. Subjects not specified in the rule (IV, 4822), but this was more 
requiring considera- frequent in the earlier practice than has been in the 
tion in Committee of later (III, 1984, 2415). While conference reports 
the Whole. were f ormer iy considered in Committee of the Whole, 

they may not be sent there on the suggestion of the point of order that 
they contain matter ordinarily requiring consideration therein (V, 
6559-6561). When a bill is made a special order (IV, 3216-3224), or 
when unanimous consent is given for its consideration (IV, 4823; VIII, 
2393), the effect is to discharge the Committee of the Whole and bring 
the bill before the House itself for its consideration (IV, 3216; VII, 788), 
and in such event the bill is considered "in the House as in the Com- 
mittee of the Whole" (VIII, 2393). When a bill once considered in 
Committee of the Whole is recommitted, it is not, when again reported, 
necessarily subject to the point of order that it must be considered in 
Committee of the Whole (IV, 4828, 4829; V, 5545, 5546, 5591). Au- 
thorizations of expenditures from the contingent fund, under the later 
rulings (IV, 4862-4867) do not fall within the specifications of the rule 
(IV, 4868). 

Provisions placing liability jointly on the United States and the 
868. General prac- District of Columbia (IV, 4833), granting an ease- 
tice as to considera- ment on public lands or in streets belonging to the 
tion in Committee of United States (IV, 4840-4842), dedicating public 
the Whole. land to be forever used ag a p u biic park (IV, 4837, 

4838), providing site for statue (VIII, 2405), confirming grants of 
public lands (IV, 4843) and creating new offices (IV, 4824, 4846), 
have been held to require consideration in Committee of the Whole. 
Indian lands have not been considered "property" of the Government 



[450] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XXIH. 89. 

within the meaning of the rule (IV, 4844, 4845; VIII, 2413). And 
while a bill removing the rate of postage has been held to be within the 
rule as "involving a tax or charge" (IV, 4861), taxes on bank circulation 
have not been so considered (IV, 4854, 4855). 

4. In Committees of the Whole House business on 
order of their calendars may be taken up in reg- 

bosinessmcom- ular order, or in such order as the com- 
mittee of the Whole. ... , . . , .. , . lt 

mittee may determine, unless the bill 
to be considered was determined by the House at the 
time of going into committee, but bills for raising 
revenue, general appropriation bills, and bills for the 
improvement of rivers and harbors shall have pre- 
cedence. 

This rule applies to the two committees of the whole which have been 
established by the practice of the House (IV, 4705), the Committee of 
the Whole House on the state of the Union, which considers public 
bills, and the Committee of the Whole House, which considers private 
business (IV, 3115). The early practice left the order of taking up 
bills to be determined entirely by the committee, but in 1844 the 
House began by rule to regulate the order, and in 1880 adopted the 
present rule (IV, 4729). The latter portion of the rule is rarely used, 
since the ordinary practice is to consider general appropriation bills 
under clause 9 of Rule XVI, which gives privilege to motions to go 
into committee to consider a designated bill of this class (IV, 3072) . 

The power of the committee to determine the order of considering 
bills on its calendar is construed to authorize a motion to establish an 
order (IV, 4730) or a motion to take up a specified bill out of its order 
(IV, 4731, 4732; VIII, 2333). Except in cases wherein the rules make 
specific provisions therefor a motion is not in order in the House to fix 
the order in which business on the calendars of the Committee of the 
Whole shall be taken up (IV, 4733). The Committee of the Whole 
having voted to consider a particular bill, and consideration having 
begun, a motion to reconsider or change that vote is not in order 
(IV, 4765). When there is unfinished business in Committee of the 
Whole, it is usually first in order (IV, 4735; VIII, 2334). 



[451] 



RULES OP THE HOUSE OF REPRESENTATIVES 
870. RuleXXni. 

5. When general debate is closed by order of the 
870. General House, any Member shall be allowed 
five minutes to explain any amendment 

he ma y offer > after which the Member 
whole. who shall first obtain the floor shall be 

allowed to speak five minutes in opposition to it, and 
there shall be no further debate thereon, but the 
same privilege of debate shall be allowed in favor of 
and against any amendment that may be offered to 
an amendment; and neither an amendment nor an 
amendment to an amendment shall be withdrawn by 
the mover thereof unless by the unanimous consent 
of the committee. 

A rule of 1789 provided that bills should be read and debated in Com- 
mittee of the Whole and in the House by clauses. Although that rule 
has disappeared, the practice continues in Committee of the Whole, 
although not in the House. Originally there was unlimited debate in 
Committee of the Whole both as to the bill generally and also as to any 
amendment; but in 1841 the rule that no Member should speak more 
than an hour was applied both to the Committee of the Whole and the 
House. At the same time another rule was adopted to prevent indefi- 
nite prolongation of debate in Committee of the Whole by permitting 
the House by majority vote to order the discharge of the Committee 
of the Whole from the consideration of a bill after pending amendments 
and any other amendments should be voted on without debate. The 
effect of this was to empower the House to close general debate at any 
tune after it had actually begun in the committee; and thereby to 
require amendments to be voted on without debate. In 1847 a rule 
provided that any Member proposing an amendment should have five 
minutes in which to explain it, and in 1850 an amendment to the rule 
permitted also five minutes in opposition and guarded against abuse 
by forbidding the withdrawal of an amendment when once offered 
(V, 5221). 



[452] 



RTTLES OF THE HOUSE OF REPRESENTATIVES 
BuleXXm. 871,872. 

The motion to close general debate in Committee of the Whole, 
871. Motion to successor in the practice to the motion to discharge 
close general debate provided by the rule of 1841, is made in the House 
in Committee of the pending the motion that the House resolve itself 
Whole " into committee, and not after the House has voted 

to go into committee (V, 5208) ; and though not debatable, the previous 
question is sometimes ordered on it to prevent amendment (V, 5203) ; 
and in case the previous question is ordered, the 40 minutes debate 
under clause 3 of Rule XXVII is not allowed (VIII, 2555, 2690). Gen- 
eral debate must have already begun in Committee of the Whole 
before the motion to limit it is in order in the House (V, 5204r-5206). 
The motion may not apply to a series of bills (V, 5209) and the motion 
in the House to limit debate on a bill in the Committee of the Whole 
must apply to the whole and not to a part of a bill (V, 5207). A 
proposition for a division of time may not be made as a part of it 
(V, 5210, 5211). The motion may not be made in Committee of 
the Whole (V, 5217; VIII, 2548); but in absence of an order by the 
House the Committee of the Whole may by unanimous consent de- 
termine as to general debate (V, 5232; VIII, 2553). Where the 
House has fixed the time the committee may not, even by unani- 
mous consent, extend it (V, 5212-5216; VIII, 2321, 2550). The general 
debate must close before amendments may be offered (IV, 4744; V, 
5221) ; and it is closed by the fact that no Member desires to participate 
further (IV, 4745) . Motions for disposition of the bill are not in order 
before general debate is closed (IV, 4778). 

The reading of the bill for amendment is not specifically required by 
872. Reading ' fc ^ Le present form of the rule; but is done under a 

and amendment practice which was originally instituted by the rule 

under the five- o f 1789 and has continued, although that rule was 

minute mie. eliminated, undoubtedly by inadvertence, in the 

codification of 1880 (V, 5221). Revenue,- general appropriation, light- 
house, and river and harbor bills are generally read by paragraphs; 
other bills by sections (IV, 4738, 4740); and while the matter is very 
largely in the discretion of the Chair (VIII, 2341; 2344, 2346), the 
Committee of the Whole has overruled his decision (VIII$ 2347). A 
Senate amendment, however, is read in entirety, and not by either para- 
graphs or sections (Vj 6194). When a paragraph or section has been 
passed it is not in or'der to return thereto (IV? 4742, 4743) except by 
unanimous consent (IVj 4746, 4747) or when, the reading of the bill 
being concluded and a motion to rise being decided in the negative, the 
committee on motion votes to return (IV, 4748). But the chairman 

62581 H. Doc. 459, S6-2 30 [453] 



RtTLES OF THE HOUSE OF KEPRESENTAITVES 
1873.874. KuleXXIlL 

may direct a return to a section whereon, by error, no action was had 
on a pending amendment (IV, 4750) . Points of order against a para- 
graph should be made before the next paragraph is read (V, 6931; VIII, 
2351). The paragraph or section having been read, and an amend- 
ment offered, the right to explain or oppose that amendment has 
precedence of a motion to amend it (IV, 4751) . In this debate recog- 
nitions are governed by the conditions of the pending question rather 
than by the general relations of majority and minority (V, 5223). 
The Member recognized may not yield time (V, 5035-5037) and roust 
confine himself to the.subject (V, 5240-5256; VIII, 2591). 

The pro forma amendment to "strike out the last word" has long 
873. Pro forma been used f T P ur P oses of debate or explanation 
amendments where an actual amendment is not contemplated 

under the five- (V, 5778; VIII, 2591) ; but a Member who has occu- 

minuteroie. pied five minutes on a pro forma amendment may 

not lengthen this time by making another pro forma amendment (V, 
5222; VIII, 2560). 

6. The committee may, by the vote of a majority 

874 closing the ^ *^ e mem k ers present, at any time 
five-minute after the five minutes* debate has be- 

cLmitteeof the gun upon proposed amendments to any 
Whole * section or paragraph of a bill, close all 

debate upon such section or paragraph or, at its elec- 
tion, upon the pending amendments only (which 
motion shall be decided without debate); but this 
shall not preclude further amendment, to be decided 
without debate. 

This rule was adopted in 1860, with amendment in 1880 and 1885 
(V, 5221, 5224). 

The motion to close debate is not in order until such debate has 
begun (V, 5225; VIII, 2567), which means after one speech of five 
minutes (V, 5226; VIII, 2573). The House, as well as the Committee 
of the Whole, may close the five-minute debate after it has begun 
(V, 5229, 5231), but rarely exercises this right. The motion to close 
debate, while not debatable, may be amended (V, 5227; VIII, 2578). 
The closing of debate on the last section of a bill does not preclude 

[454] 



RULES OF THE HOUSE OF REFRESENTATIVBS 
Bole XXm. 875. 876. 

debate on a substitute for the whole text (V, 5228). The motion may 
be ruled out when dilatory (V, 5734) . 

7. A motion to strike out the enacting words of a 
875. The motion bill shall have precedence of a motion 

L7tSof to amend > ^ d > if carri ed, shall be con- 
bin - sidered equivalent to its rejection. 

Whenever a bill is reported from a Committee of the 
Whole with an adverse recommendation and such 
recommendation is disagreed to by the House, the 
bill shall stand recommitted to the said committee 
without further action by the House, but before the 
question of concurrence is submitted it is in order to 
entertain a motion to refer the bill to any committee, 
with or without instructions, and when the same is 
again reported to the House it shall be referred to 
the Committee of the Whole without debate. 

The practice of rejecting a bill by striking out the enacting words 
dates from a time as early as 1812, but the first rule on the subject was 
not adopted until 1822. By amendments in 1860, 1870, and 1880 the 
rule has been brought into its present form (V, 5326) . The rule before 
1880 applied in the House as well as in Committee of the Whole. In 
the revision of 1880 for the first time it was classified among the rules 
relating to the Committee of the Whole, but there is nothing to indicate 
that this change was intended to limit the scope of the motion. It was 
probably a recognition merely of the fact that the motion was used 
most frequently in Committee of the Whole (V, 5326, 5332). 

The motion may not be made until the first section of the bill has 
876 Practice as been read ^ V ' 5327 ; VIII 2 ^19) . Having precedence 
to use of the of a motion to amend, it may be offered while an 

motion to strike amendment is pending (V, 5328-5331; VIII, 2622, 

out the enacting 2 624, 2627). Where a special order provides that 

c ause * a bill shall be open to amendment in Committee of 

the Whole, a motion to strike out the enacting words is in order (VII, 
787); Contra (IV, 3215), but after the stage of amendment has been 
passed the motion to strike out the enacting words is not in order 

[455] 



RULES OF THE HOUSE OF REPRESENTATIVES 
877. Rule XXUI. 

(IV, 4782; VIII, 2368). The motion is debatable as to the merits of 
the bill, but may not go beyond its provisions (V, 5336). The debate 
on the motion is, in Committee of the Whole, governed by the five- 
minute rule (V, 5333-5335; VIII, 2618, 2628-2631), and only two 
five-minute speeches are in order (V, 5335; VIII, 2629). A second 
motion to strike out the enacting clause is not entertained in the 
absence of any material modification of the bill (VIII, 2636). A 
point of order against the motion should be made before debate has 
begun (V, 6902; VIII, 3442). When a bill is reported from the Com- 
mittee of the Whole with the recommendation that the enacting words 
be stricken out, the motion to strike out is debatable (V, 5337-5340), 
but a motion to lay on the table is not in order (V, 5337) . The previous 
question may be moved on the motion to concur without applying to 
further action on the bill (V, 5342). When the House disagrees to the 
action of the committee in striking out the enacting words and does not 
refer it under the provisions of the rule, it goes back to the Committee 
of the Whole, where it becomes unfinished business (V, 5326, 5345, 
5346; VIII, 2633). When the enacting words of a bill are stricken out 
the bill is rejected (V, 5326), and the Senate is so informed (IV, 3423; 
VIII, 2638). 

When, on Calendar Wednesday, the House disagrees to the recom- 
mendation of the Committee of the Whole that the enacting words be 
stricken out, the House automatically resolves itself into Committee 
of the Whole for its further consideration (VII, 943) . When the bill 
is thus again taken up in Committee of the Whole it is taken up as 
unfinished business and is open to amendment, and the motion to 
strike out the enacting words may be again offered in the committee 
(VIII, 2633). 

8. The rules of proceeding in the House shall be 
877. Application observed in Committees of the Whole 

of rules of the 

House to the House so far as they may be applicable. 

Committee of th 

Whole. This rule was adopted in 1789 (IV, 4737), 



[456] 



RULES OF THE HOUSE OP REPRESENTATIVES 
Rule XXIV. 878.879. 

RULE XXIV. 

OKDEK OF BUSINESS. 

1. The daily order of business shall be as follows: 
5878. The rule First. Prayer by the Chaplain. 
Second. Reading and approval of the 
House - Journal. 

Third. Correction of reference of public bills. 

Fourth. Disposal of business on the Speaker's 
table. 

Fifth. Unfinished business. 

Sixth. The morning hour for the consideration of 
bills called up by committees. 

Seventh. Motions to go into Committee of the 
Whole House on the state of the Union. 

Eighth. Orders of the day. 

Originally the House had no rule prescribing an order of business, but 
certain simple usages were gradually established by practice before the 
first rule on the subject was adopted in 1811. The rule was amended 
frequently in an endeavor so to arrange the business as to give the House 
as large a freedom as possible in selecting for consideration and com- 
pleting the consideration of the bills which it deems of the most impor- 
tance. The present form was finally perfected in 1890 (IV, 3056). 

This rule does not, however, bind the House to a daily routine, since 
the system of making certain important subjects 
LteriuVt^of privileged (see Rules XI, 726; XVI, cl. 9; XXVIII) 

the order of permits the interruption of the order of business by 

business in the matters which, in fact, often supplant it entirely for 

House * days at a time. But on any day, when the order of 

business is interrupted by a privileged matter, the business in order goes 
on from the place of interruption (IV, 3070, 3071) unless the House 
adjourn. After an adjournment the House begins again at the begin- 
ning. While privileged matters may interrupt the order of business, 
they may do so only with the consent of a majority of the House, 
expressed as to appropriation bills by the vote on going into Committee 

[457] 



RULES OP THE HOUSE OF REPKESENTATTVES 
880. Rule XXIV. 

of the Whole to consider such bills, and as to matters like conference 
reports, questions of privilege, etc., by raising and voting on the ques- 
tion of consideration. The only exceptions to the principle that a 
majority may prevent interruption is contained in Rule XXIV, cl. 6, 7, 
providing for a call of the private calendar on the first Tuesday of each 
month and a call of committees on Wednesdays. By this combina- 
tion of an order of business with privileged interruptions the House is 
enabled to give precedence to its most important business without at 
the same time losing the power by majority vote to go to any other bills 
on its calendars. 

The privileged matters which may interrupt the order of business are, 

in their order of frequency, as follows: 
privnWecTmatters (!) General appropriation and revenue bills (Rule 

which may XVI, cl. 9; IV, 3072). 

interrupt the order (2) Conference reports (Rule XXVIII, cl. 1 (a) ; V, 

of business. 6443). 

(3) Special orders reported by the Committee on Rules for considera- 
tion by the House (Rule XI, 732; IV, 3070-3076, 4621). 

(4) Consideration of amendments between the Houses after dis- 
agreement (IV, 3149, 3150). 

(5) Questions of privilege (Rule IX; III, 2521). 

(6) Privileged bills reported under the right to report at any tune 
(Rule XI, 726; IV, 3142-3144, 4621; Rule XXII, ol. 5). 

(7) Call of committees on Wednesdays for bills on House and Union 
Calendars (Rule XXIV, cl. 7). 

(8) Private business on Tuesdays (Rule XXIV, cl. 6). 

(9) Motions on the second and fourth Mondays of the month to 
discharge committees on public bills and resolutions (Rule XXVII, 
cl. 4), and consideration of District of Columbia business (Rule XXIV, 
cl. 8; IV, 3304). 

(10) Consideration of bills on Unanimous Consent Calendar (Rule 
XIII, cl. 4) , and motions to suspend the rules and pass bills out of the 
regular order (Rule XXVII, cl. 1; V, 6790). 

(11) Bills coming over from a previous day with the previous 
question ordered (V, 5510-5517). 

(12) Bills returned with the objections of the President (IV, 3534r- 
3536). 

In addition to these matters, the House by practice permits its order 
of business to be interrupted, at the discretion of the Speaker, for the 
reception of messages (V, 6602). Requests of Members for leaves of 
absence are in practice put before the House at the time of adjournment 
(IV, 3151). 

[458] 



ROTES OF THE HOXTSE OF REPRESENTATIVES 
BuleXXIV. 881,882. 

When the House has no rule establishing an order of business, as at 
the beginning of a session before the adoption of 

^Jtion of rule3 ' !t iS ^ rder f or any Member who is recognized 

Surfer of b ? the Chair to offer a proposition without asking 

business by the consent of the House (IV, 3060). But after the 

request for adoption of the rule for the order of business, inter- 

amni ^ ms ruptions are confined to matters privileged to 

****** interrupt or to cases wherein the House gives 

unanimous consent for an interruption. A request for unanimous 
consent to consider a bill is in effect a request to suspend the order of 
business temporarily (IV, 3059). Therefore any Member, and the 
Speaker is, of course, included, may object, or demand the "regular 
order" (IV, 3058). The Speaker, however, usually signifies his 
objection by declining to put the request of the Member, thus saving 
the time of the House. The request for unanimous consent began to 
be used about 1832 when the House first felt a pressure of business 
and the necessity of adhering to a fixed order (IV, 3155-3159). In 
1909, by the adoption of clause 4 of Rule XIII, a Consent Calendar 
was established. 

882. Disposal of 2. Business on the Speaker's table 
^^ s teiwr. shall be disposed of as follows: 

Messages from the President shall be referred to 
the appropriate committees without debate. Re- 
ports and communications from heads of depart- 
ments, and other communications addressed to the 
House, and bills, resolutions, and messages from the 
Senate may be referred to the appropriate committees 
in the same manner and with the same right of cor- 
rection as public bills presented by Members; but 
House bills with Senate amendments which do not 
require consideration in a Committee of the Whole 
may be at once disposed of as the House may deter- 
mine, as may also Senate bills substantially the same 
as House bills already favorably reported by a com- 

[459] 



RTJX.ES OP THE HOUSE OF REPRESENTATIVES 
883. Rule XXIV. 

mittee of the House, and not required to be considered 
in Committee of the Whole, be disposed of in the same 
manner on motion directed to be made by such 
committee, 

A rule to govern disposition of business on the Speaker's table (to be 
distinguished from the table of the House, which is the Clerk's table) 
was adopted in 1832. In 1880 and 1885 efforts were made to so modify 
the rule as to prevent delays in business on the Speaker's table, but 
it was not until 1890 that the present rule was adopted (IV, 3089). 

Such portions of messages from the Senate as require action by the 
House, all messages from the President except those 
s^k^Se 0n transmitting his objections to bills (IV, 3534-3536), 
for action by the and all communications and reports from the heads 
House or by the o f departments go to the Speaker's table when 
Speaker alone. received, to be disposed of under this rule. Simple 

resolutions of the Senate that do not require any action by the House 
are not referred (VII, 1048). All of the President's messages and such 
portions of Senate messages as, being House bills with Senate amend- 
ments, do not require consideration in Committee of the Whole are laid 
before the House for action; but communications other than messages 
from the President, all portions of Senate messages requiring considera- 
tion in Committee of the Whole (IV, 3101), and Senate bills of all kinds 
(with the exception noted in the rule) are referred to the appropriate 
standing committees under direction of the Speaker without action by 
the House (IV, 3107, 3111; VI, 727). 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 (VI, 731), and on being reported therefrom is 
referred directly to the Committee of the Whole (IV, 3094, 3095, 
3 108-31 10) . The usual practice, however, is to take from the Speaker's 
table and send to conference by unanimous consent (VI, 732). A 
Senate bill to come before the House directly from the table must con- 
form to the conditions prescribed by the rule (IV, 3098, 3099; VI, 727, 
734, 737), and must have come to the House after and not before the 
House bill "substantially the same" has been placed on the House 
Calendar (IV, 3096; VI, 727, 736, 738). In the event the House bill 
has passed before the Senate bill is received, the Senate bill may never- 
theless be disposed of on motion directed by the committee (VI, 734, 
735). The House bill must be correctly on the House Calendar (VI, 
736). In determining whether the House bill is substantially the 

[460] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XXIV. 884,885. 

same as the Senate bill, amendments recommended by the House 
committee must be considered (VI, 734, 736). The rule applies to 
private as well as to public Senate bills (IV, 3101), and to concurrent 
resolutions as well as to bills (IV, 3097). Although a committee must 
authorize the calling up of the Senate bill (VI, 739), the actual motion 
need not be made by one of the committee (IV, 3100). The authority 
of a committee to call up a bill must be given at a formal meeting 
of the committee (VIII, 2211, 2212, 2222). 

A message of the President on the Speaker's table is regularly laid 
884. Reference before the House only at the time prescribed by the 
of President's order of business (V, 6635-6638) . While it is always 

messages from the rea <} i n f a n and entered on the Journal and the 
Speaker's table. Congressional Record (V, 6963), the accompanying 

documents are not read on demand of a Member or entered in the 
Journal or Record (V, 5267-5271; VII, 1108). The annual message of 
the President is usually referred to the Committee of the Whole House 
on the State of the Union by the House on motion (V, 6631). In the 
earlier practice it was distributed to appropriate standing committees 
by resolutions reported from the Committee on Ways and Means 
(V, 6621, 6622) but since the first session of the Sixty-fourth Congress 
the practice has been discontinued (VIII, 3350). A portion of the 
annual message has been referred directly to a select committee (V, 
6628). A message other than an annual message is usually referred 
directly to a standing committee by direction of the Speaker (IV, 
4053; VIII, 3346), but may be referred by the House itself on motion 
by a Member (V, 6631; VIII, 3348), and such motion is privileged 
(VIII, 3348) . This reference may be to a select as well as to a standing 
committee (V, 6633, 6634). 

3. The consideration of the unfinished business in 
885. unfinished which the House may be engaged at 
business. an adjournment, except business in the 

morning hour, shall be resumed as soon as the busi- 
ness on the Speaker's table is finished, and at the 
same time each day thereafter until disposed of, and 
the consideration of all other unfinished business 
shall be resumed whenever the class of business to 
which it belongs shall be in order under the rules. 

[461] 



RULES OF THE HOUSE OF REPRESENTATIVES 
886,887. Rule XXIV. 

The first rule relating to unfinished business was adopted in 1794. 
Changes were made in 1860 and 1880, but the rule finally became un- 
satisfactory, because of delays caused by it, and in 1890 the present 
form was adopted (IV, 3112). 

The "business in which the House may be engaged at an adjournment" 
886. Construction means, literally, business in the House, as distin- 
of rule as to guished from the Committee of the Whole; and it fur- 

unfinished ther means business in which the House is engaged in 

business. J-J-Q g enera i legislative time, as distinguished from the 

special periods set aside for classes of business, like the morning hour 
for calls of committee, Tuesdays for private bills, etc. In general, all 
business unfinished in the general legislative time goes over as unfinished 
business under the rule, but there are a few exceptions. Thus, a motion 
relating to the order of business does not recur as unfinished business 
on a succeeding day, even though the yeas and nays may have been 
ordered on it (IV, 3114). The question of consideration, also, when 
not disposed of at an adjournment, does not recur as unfinished business 
on a succeeding day (V, 4947, 4948), but may be again raised on a 
subsequent day when the matter is again called up as unfinished 
business (VIII, 2438). 

When the House adjourns before voting on a proposition on which the 
previous question has been ordered, either directly 

or by the terms of a s P ecial order ( J V > 3185 ) > the <l ues - 
^.^ comes up ^ e nex ^ ^ay immediately after the 

reading of the Journal, regardless of the requirements of the rule for the 
order of business (V, 5510-5517; VIII, 2691). If several bills come 
over in this situation, they have precedence in the order in which 
the several motions for the previous question were made (V, 5518). 
When the previous question is ordered on a bill undisposed of at ad- 
journment on Friday, the bill comes up for disposition on the next 
legislative day (VIII, 2694). A bill going over from Calendar Wed- 
nesday with the previous question ordered on it should be disposed 
of on the next legislative day (VII, 967), but when the previous ques- 
tion is ordered on a bill undisposed of when the House adjourns Tues- 
day, the bill goes over until Thursday (VII, 890-894; VIII, 2674, 
2691). A bill coming over from a preceding day with the previous 
question ordered is of equal privilege with business on the Consent 
Calendar (VII, 990). 



[462] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Bole XXIV. 888,889. 

The rule excepts by its terms certain classes of business which are con- 
888 Business sidered in periods set apart for classes of business, viz : 

onfiidshed in ( a ) Biils considered in the morning hour and on 

periods set apart Calendar Wednesday for the call of committees. 

for classes of (&) Bills in Committee of the Whole, 

business. ^ p r i vate bills considered on Tuesdays. 

(d) District of Columbia bills. 

(e) Bills brought up under the rule setting apart days for motions to 
suspend the rules, the Consent Calendar, motions to discharge commit- 
tees, and bills under consideration after a committee has been dis- 
charged. 

A bill brought up in the morning hour and undisposed of when the 
call ceases for the day remains as unfinished business in the morning 
hour (IV, 3113, 3120), i. e., it is considered when the House next goes to 
a call of committees. Business unfinished when the Committee of the 
Whole rises remains unfinished, to be considered first in order when the 
House next goes into Committee of the Whole to consider that business 
(IV, 4735, 4736). Private bills unfinished on a Tuesday go over to the 
next Tuesday, and must be considered before the motion to go into 
Committee of the Whole House to consider other private bills. But 
when public business is considered on a Tuesday the unfinished busi- 
ness goes over until the next legislative day. 

On District of Columbia day business unfinished on the preceding 
District day is in order for consideration, but does not come before the 
House unless called up (IV, 3307; VII, 879). A motion to suspend 
the rules on which a second has been ordered, and which is undisposed 
of on one suspension day, goes over as unfinished business to the next 
suspension day, individual motions going over to a committee day, 
and vice versa (V, 6814-6816; VII, 1005; VIII, 3411, 3412). Where 
the second has not been ordered, there is doubt as to whether or not 
the motion goes over as unfinished business (V, 6817, 6818). 

4. After the unfinished business has been disposed 
889. The of, the Speaker shall call each standing 

r r the g c^f committee in regular order, and then 

committees. select committees, and each committee 

when named may call up for consideration any bill 
reported by it on a previous day and on the House 
Calendar, and if the Speaker shall not complete the 

[463] 



RULES OF THE HOUSE OF REPRESENTATIVES 
890. Rule XXIV. 

call of the Committees before the House passes to 
other business; he shall resume the next call where 
he left off, giving preference to the last bill under 
consideration: Provided, That whenever any commit- 
tee shall have occupied the morning hour on two days, 
it shall not be in order to call up any other bill until 
the other committees have been called in their turn. 

The "morning hour" is one of the oldest devices of the rules for 
devoting an early portion of the session to a specific class of business. 
Until 1885 it was the hour for the reception of reports from committees. 
In 1890 it was provided that reports should be filed with the clerk, and 
the morning hour was by this rule devoted to a call of committees for 
the consideration of House Calendar bills (IV, 3181). Since the adop- 
tion of the Calendar Wednesday rule (el. 7, Rule XXIV), the "morning 
hour" has been used but a very few times. 

Originally the morning hour was a fixed period of sixty minutes (IV, 
3118); but under the present rules (Rule XXIV, cl. 

4) !t does not terminate until the cal1 is exhausted or 
until the House adjourns (IV, 3119) , unless the House 
on motion made at the end of sixty minutes votes to go into Committee 
of the Whole House on the state of the Union (Rule XXIV, cl. 5; IV, 
3134), or unless other privileged matter intervenes (IV, 3131, 3132). 
Before the expiration of the sixty minutes the Speaker has declined to 
permit the call to be interrupted by a privileged report (IV, 3132) or 
by unanimous consent (IV, 3130). Where the business for which 
the call is interrupted is concluded, the call is resumed unless there 
be other interrupting business or the House adjourns (IV, 3133). A 
bill once brought up on the call continues before the House in that 
order of business until disposed of (IV, 3120), unless withdrawn by 
authority of the committee before action which puts it in possesion 
of the House (IV, 3129) ; and may not be made a special order for a 
future day by a motion to postpone to a day certain (IV, 3164) . In 
order to be called up in this order a bill must actually be on the House 
Calendar, and properly there, in order to be considered (IV, 3122-3126), 
and a bill on the Union Calendar may not be brought up on call of 
committees under this clause (VI, 753) . In case the authority of the 
committee to call up a bill is disputed the Speaker does not consider 
it his duty to decide the question (IV, 3127), but has made decision 

[464] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Bale XXIV. 891.892. 

on statements from the chairman and other members of the committee 
(IV, 3128). 

5. After one hour shall have been devoted to the 
89i. interruption consideration of bills called up by com- 
n^TlTn" ^"^ it sha11 be in order, pending 
to go mto com- consideration or discussion thereof, to 

mittee of the Whole , , . ,. . - , /-N - 

noose on the state entertain a motion to go into Comnut- 

of the Union. Q f 



the Union, or, when authorized by a committee, to 
go into the Committee of the Whole House on the 
state of the Union to consider a particular bill, to 
which motion one amendment only, designating 
another bill, may be made; and if either motion be 
determined in the negative, it shall not be in order to 
make either motion again until the disposal of the 
matter under consideration or discussion, 

This rule was adopted in 1890 as part of the plan for enabling the 
House at will to go at any time to any public bill on its calendars 
(IV, 3134). 

The words of the rule "one hour after" have been interpreted to 
892 Conditions of mean a less time in case *^ e ca ^ ^ committees shall 
the motion to go have exhausted itself before the expiration of one 

into Committee of hour (IV, 3135) ; but not otherwise ( IV, 3141) . After 
the Whole at the the House has been in Committee of the Whole 
end of one hour. under this order and has risen and reported, and the 

report has been acted on by the House, other motions to go into com- 
mittee to consider other bills are in order (IV, 3136). The motion to 
go into committee generally may be made by the individual Member 
(IV, 3138), but when it is proposed to designate a particular bill he 
must have the authority of a committee (IV, 3138). The amendment 
to the motion to consider a particular bill must refer to a bill on the 
Union Calendar (IV, 3139). This order of business is not used in the 
House for consideration of bills in Committee of the Whole House on 
the state of the Union like general appropriation and revenue bills, 

[465] 



RTIUES OF THE HOUSE OF REPRESENTATIVES 
5 893. Hule XXIV. 

which are very highly privileged (IV, 3072) and bills reported under the 
leave to report at any time, which have a privilege of somewhat inferior 
grade (IV, 3086); but is used entirely for nonprivileged bills. 

6. On the first Tuesday of each month after dis- 
eo T posal of such business on the Speaker's 

893. Interruption ^ . ^ 

of the regmar order table as requires reference only, the 
*d^otSthe Con- Speaker shall direct the Clerk to call 

Private Calendar. ^ j^ ^ resolutiong on fl^ p r i vate 

Calendar. Should objection be made by two or more 
Members to the consideration of any bill or resolution 
so called, it shall be recommitted to the committee 
which reported the bill or resolution, and no reserva- 
tion of objection shall be entertained by the Speaker. 
Such bills and resolutions, if considered, shall be 
considered in the House as in the Committee of the 
Whole. No other business shall be in order on this 
day unless the House, by two-thirds vote on motion 
to dispense therewith, shall otherwise determine. 
On such motion debate shall be limited to five mm- 
utes for and five minutes against said motion. 

On the third Tuesday of each month after the 
disposal of such business on the Speaker's table as 
requires reference only, the Speaker may direct the 
Clerk to call the bills and resolutions on the Private 
Calendar, preference to be given to omnibus bills 
containing bills or resolutions which have previously 
been objected to on a call of the Private Calendar. 
All bills and resolutions on the Private Calendar so 
called, if considered, shall be considered in the House 
as in the Committee of the Whole. Should objection 



RULES OF THE HOUSE OF REPRESENTATIVES 
Bole XXIV. 

be made by two or more members to the considera- 
tion of any bill or resolution other than an omnibus 
bill, it shall be recommitted to the committee which 
reported the bill or resolution and no reservation of 
objection shall be entertained by the Speaker. 

Omnibus bills shall be read for amendment by 
paragraph, and no amendment shall be in order 
except to strike out or to reduce amounts of money 
stated or to provide limitations. Any item or matter 
stricken from an omnibus bill shall not thereafter 
during the same session of Congress be included in 
any omnibus bill. 

Upon passage of any such omnibus bill, said bill 
shall be resolved into the several bills and resolutions 
of which it is composed, and such original bills and 
resolutions, with any amendments adopted by the 
House, shall be engrossed, where necessary, and pro- 
ceedings thereon had as if said bills and resolutions 
had been passed in the House severally. 

In the consideration of any omnibus bill the pro- 
ceedings as set forth above shall have the same force 
and effect as if each Senate and House bill or resolu- 
tion therein contained or referred to were considered 
by the House as a separate and distinct bill or reso- 
lution. 

This rule was adopted in the Sixty-second Congress in lieu of special 

orders under which pension and private business 

894. Tuesday as a formerly had been considered. The rule was amended 

b^in^^^ on A P ril 23 > 1932 ( VII 846) and was ad P ted fr itB 

present form on March 27, 1935, p. 4480-89, 4538. 

Rule XXII, clause 2, prohibits consideration of certain private bills. 

[467] 



BULES OF THE HOUSE OP REPRESENTATIVES 
895-897. Rule XXIV. 

During the consideration of omnibus bills the Chair declines to 

recognize Members for unanimous consent requests 

895. Methods of to address the House, (Speaker pro tempore O'Con- 

considenng omnibus ^ ^ &y ^ ^^ ^ ^^ . motiong ^ si ^ ^ 

the last word are not in order, and requests for 
extension of time under the five-minute rule are not entertained 
(Speaker Byrns, March 17, 1936, p. 3890, 3894r-5). 

Since the adoption of the present form of the rule the following deci- 
sions are probably not now applicable but are retained in this edition 
for their historical significance. 

Under this rule the unfinished private business must be considered 
5 896. Precedence before a motion to go into Committee of the Whole 
of the several classes House is in order (IV, 3276-3280) . When the House 
of bins on Friday. elects to devote a Friday belonging to one claims com- 
(Obsoiete). mittee to public business, the claims committee 

entitled to that day does not thereby lose its rights over the other claims 
committee (Speaker Clark, Mar. 6, 1914, p. 4429). In the absence of 
a motion establishing an order of business on Friday, bills on the Private 
Calendar are considered in regular order. A motion establishing an 
order of business in the Committee of the Whole House is in order, and 
a motion to consider a particular bill or class of bills given preference 
for the day by the rule is preferential over a motion to consider bills not 
given preference on that day. To the motion to consider a particular 
bill one amendment only, designating another bill, may be made 
(VIII, 3100). (For another interpretation of this rule, see rulings by 
Chairman Adair, Feb. 6, 1914, p. 3053, and Chairman Hamlin, May 
11, 1912, p. 6278). Under the practice, after consideration of a bill 
in committee is completed a motion to lay the bill aside to be reported 
to the House later with a recommendation is in order. 

7. On Wednesday of each week no business shall 
^LSby*" be ^ orci er except as provided by para- 
business, graph 4 of this rule unless the House by 
a two-thirds vote on motion to dispense therewith 
shall otherwise determine. On such a motion there 
may be debate not to exceed five minutes for and 
against. On a call of committees under this rule 
bills may be called up from either the House or the 

[468] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XXIV. $ 897. 

Union Calendar, excepting bills which are privileged 
under the rules; but bills called up from the Union 
Calendar shall be considered in Committee of the 
Whole House on the state of the Union. This rule 
shall not apply during the last two weeks of the 
session. It shall not be in order for the Speaker to 
entertain a motion for a recess on any Wednesday 
except during the last two weeks of the session: 
Provided, That not more than two hours of general 
debate shall be permitted on any measure called up 
on Calendar Wednesday, and all debate must be 
confined to the subject matter of the bill, the time to 
be equally divided between those for and against the 
bill: Provided further, That whenever any committee 
shall have occupied one Wednesday it shall not be in 
order, unless the House by a two-thirds vote shall 
otherwise determine, to consider any unfinished busi- 
ness previously called up by such committee, unless 
the previous question had been ordered thereon, upon 
any succeeding Wednesday until the other commit- 
tees have been called in their turn under this rule: 
Provided, That when, during any one session of 
Congress, all of the committees of the House are not 
called under the Calendar Wednesday rule, at the 
next session of Congress the call shall commence 
where it left off at the end of the preceding session. 



62581 H. Doc. 459, S6-2 31 [469] 



RULES OF THE HOUSE OF REPRESENTATIVES 
898. Rule XXIV. 

The first paragraph of this rule was adopted March 1, 1909, and 
amended March 15, 1909. The second paragraph 
898. Decisions was adopted January 18, 1916. The last proviso 
We^L n da was adoP^ December 8, 1931 (VII, 881). The 

rule applies to unprivileged bills only, and when a 
bill otherwise unprivileged is given a privileged status by unanimous 
consent or by rule it is automatically rendered ineligible for con- 
sideration on Calendar Wednesday (VII, 932-935). House Calendar 
bills have no preference over Union Calendar bills (VII, 938). 

When a bill on the Union Calendar is called up on Calendar Wednes- 
day the House automatically resolves itself into the Committee of the 
Whole House on the state of the Union (VII, 939), and when a Union 
Calendar bill is the unfinished business the Speaker declares the House 
in Committee of the Whole without motion (VII, 940, 942). 

The question of consideration may be raised on a bill on the House 
Calendar on Calendar Wednesday, even after one Wednesday has been 
devoted to its consideration (VIII, 2447), and the question of consider- 
ation is properly raised on Union Calendar bills in the House before 
automatically going into Committee of the Whole House on the state 
of the Union (VII, 952). 

During the Sixty-first and Sixty-second Congresses it was held that 
the call of committees rested where the call left off on the preceding 
day, whether the last call was on a Wednesday or during the morning 
hour on another day, thus making but one committee call under the 
two rules. But under the later practice there have been two distinct 
calls of committees, one under clause 4 of Rule XXIV, the morning 
hour, and another under clause 7 of Rule XXIV, Calendar Wednesday 
(VII, 944) . Prior to the adoption of the second paragraph of the rule, 
it was held that one committee could not occupy more than two 
Calendar Wednesdays (except for unfinished business) until other com- 
mittees were called, notwithstanding the fact that the call rested on 
said committee (VII, 944), but the adoption of the second paragraph 
of the rule has defined the status of debate and unfinished business 
more explicitly. It was formerly held that a bill undisposed of on 
Calendar Wednesday became the unfinished business on the following 
Calendar Wednesdays (VII, 965), but since the adoption of the second 
paragraph of the rule, one committee can occupy but one Calendar 
Wednesday for the consideration of its business (unless the House by 
two-thirds vote shall otherwise determine) . 



E470] 



RULES OF THE HOUSE OP REPRESENTATIVES 
Bole XXIV. 5 89 g. 

The same rule of debate applies to House Calendar bills called up on 
Calendar Wednesday as on other days, and the Member in charge of the 
bill may move the previous question at any time (VII, 955). 

The previous question having been ordered on a bill undisposed of 
when the House adjourns Tuesday, the bill goes over as unfinished 
business until Thursday, and is not in order for consideration on Calen- 
dar Wednesday (VII, 890-894). The previous question having been 
ordered on a bill on Calendar Wednesday, the bill becomes the un- 
finished business on Thursday (VII, 895, 967). 

It is in order to consider a vetoed bill on Calendar Wednesday, since 
such a question is privileged under the Constitution of the United States 
(VII, 912) , but a bill privileged by reason of the rules of the House can 
not be called up on Calendar Wednesday (VII, 932) ; for example, a 
general appropriation bill (VII, 904), or a bill under consideration by 
reason of a special order, unless the special order expressly sets aside 
Calendar Wednesday (VII, 773), or a conference report (VII, 899). 
A motion to reconsider an action taken on a bill on Tuesday may be 
entered, but may not be considered on Calendar Wednesday (VII, 905). 
Privileged bills may be reported but not considered on Calendar 
Wednesday (VII, 907). District of Columbia business is eligible for 
consideration on Calendar Wednesday (VII, 937). 

The Committee on Rules can not report a rule which is aimed strictly 
or directly toward setting aside Calendar Wednesday, but the commit- 
tee is not thereby prevented from reporting a resolution couched in 
general terms which may indirectly accomplish that ultimate result, 
such as a resolution providing for six days' suspension of the rules 
(VIII, 2267). 

The motion to grant a committee an additional Wednesday under 
the second proviso of the Calendar Wednesday rule is in order prior 
to the Wednesday on which the committee is called (VII, 946) . 

It has been held that if no Member opposed to the bill desires to claim 
the hour specified in the rule for general debate against the bill, the time 
may be claimed by some Member who is in favor of the bill (VII, 962), 
but this principle has been questioned (VII, 961). 

Clause 26 (d),, Rule XI, requiring the chairman of each committee to 
report or cause to be reported promptly measures approved by his 
committee and to take such necessary steps to bring the matter to a 
vote, is sufficient authority for the chairman to call up a bill on Calendar 
Wednesday (Speaker Rayburn, Feb. 22, 1950, p. 2162). Prior to the 
Legislative Reorganization Act of 1946 and the subsequent adoption of 

[471] 



RULES CXF THE HOUSE OF REPRESENTATIVES 
899.900. Rule XXV. 

Clause 26 (d), Rule XI, authority to call up a bill on Calendar Wednes- 
day must have been given to a chairman by his committee (IV, 3127). 
A Member not authorized to do so may not call up such bill under the 
Calendar Wednesday Rule (IV, 3128; VII, 928, 929). 

8. The second and fourth Mondays in each month, 
899. District of after the disposition of motions to dis- 
commbia, charge committees and after the dis- 

posal of such business on the Speaker's table as 
requires reference only, shall, when claimed by the 
Committee on the District of Columbia, be set apart 
for the consideration of such business as may be 
presented by said committee. 

The first rule allocating a fixed day for District of Columbia business 
was adopted in 1870. In 1890 the rule was amended (IV, 3304). 
This section was again amended December 8, 1931 (VII, 872). 

The Committee on the District of Columbia may not, on a District 
day, call up a bill reported from another committee (IV, 3311). If 
certain of the committee's bills are on one of tne calendars of the Com- 
mittees of the Whole, a motion to go into committee to consider them 
is in order (IV, 3310). BiUs reported from the District Committee are 
not so privileged as to prevent their being taken up under call of com- 
mittees on Wednesday (VII, 937) . Business unfinished on one District 
day does not come up on the next unless called up (IV, 3307; VII, 879, 
880). The question of consideration may not be demanded against 
District business generally, but may be demanded against any bill as 
it is presented (IV, 3308, 3309). 

On District days it is in order to go into the Committee of the Whole 
to consider revenue or general appropriation bills (VI, 716-718; VII, 
876, 1123). Consideration of conference reports is in order on Dis- 
trict Monday (VIII, 3292). 

RULE XXV. 

PRIORITY OF BUSINESS. 

900. Decision of All questions relating to the priority 
ori^/biSneM 11 " f business shall be decided by a ma- 
without debate. jority without debate. 

[472] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XXVI. 

This rule was adopted in 1803 to prevent obstructive debate (IV 
3061). 

It has been held that appeals from decisions of the Chair as to priority 
of business are not debatable under this rule (V, 6952). 

RULE XXVI. 

UNFINISHED BUSINESS OF THE SESSION. 

All business before committees of the House at the 
end of one session shall be resumed at 

901. Resumption 

of business of a P re- the commen cement of the next session 
ceding session. ^ ^ same Congress fa ^ same man- 
ner as if no adjournment had taken place. 

At first the Congress attempted to follow the rule of the English Par- 
liament that business unfinished in one session should begin anew at the 
next; but in 1818, after an investigation of a joint committee in 1816, a 
rule was adopted that House bills remaining undetermined in the House 
should be continued at the next session after six days. This rule did 
not reach House bills sent to the Senate; but in 1848 the two Houses 
remedied this omission by a joint rule. Business referred to committees 
of the House was still subject to the old rule of Parliament; but in 1860 
the present rule was adopted as a supplement to the rule of 1818. In 
1890, desiring to do away with the limitation of the six days and appar- 
ently overlooking the main purpose of the rule of 1818, the House 
rescinded that portion of this rule which dated from 1818. Also, in 
1876 the joint rules were abrogated, leaving no provision, except the 
headline of the rule, for the continuance of business not before com- 
mittees. The practice, however, had become so well established that 
no question has ever been raised (V, 6727). 

The business of conferences between the two Houses is not inter- 
rupted by an adjournment of a session which does not terminate the 
Congress (V, 6260-6262), and even where one House asks a conference 
at one session the other may agree to it in the next session (V, 6286). 
Where bills were enrolled and signed by the presiding officers of the two 
Houses at the close of one session they were sent to the President and 
approved at the beginning of the next session (IV, 3486-3488). 

[473] 



RULES OF THE HOUSE OF REPKESENTATIVES 
902. 903. Rule XXVII. 

RULE XXVII. 

CHANGE OB SUSPENSION OF RULES. 

1. No rule shall be suspended except by a vote of 
two-thirds of the Members voting, a 

902. Motions * * 

to suspend the quorum being present; nor shall the 
nUes * Speaker entertain a motion to suspend 

the rules except on the first and third Mondays of 
each month, preference being given on the first 
Monday to individuals and on the third Monday to 
committees, and during the last six days of a session. 

This rule has been built up gradually on an old rule of 1794, which 
provided that no rule should be rescinded without one day's notice. 
In 1822 a clause was added that no rule should be suspended except 
by a two-thirds vote; and in 1828 it was provided that the "order of 
business, as established by the rules," should not be changed except 
by a two-thirds vote. This rule marks the great purpose of the motion, 
which was to give a means of getting consideration for bills which could 
not get forward under the rule for the order of business. Originally 
in order on any day, the motion was, in 1847, restricted to Mondays 
of each week, and, in 1880, to the first and third Mondays of each 
month. In 1874 the old limit of 10 days at the end of the session was 
reduced to 6 days. Originally of great use, when the older and more 
defective rules for the order of business existed, this motion has ceased 
to be necessary, since the House in 1890 adopted rules for the order 
of business which enables the House on any day to go to any public 
bills on its calendars. Also about the same time the perfection of 
the process of getting bills before the House out of order by a majority 
vote through a report from the Committee on Rules still further 
diminished the importance of the motion to suspend the rules (V, 6790). 

While originally the motion was used to suspend the rule for the 
903. Nature of order of business in order to consider a particular 
the motion to bill (V, 6852, 6853), in the later practice it is more 

suspend the usual to move "to suspend the rules and pass" the 

nUeB - bill (V, 6846, 6847), and a division of the question 

may not be demanded, either as to the two branches of the motion or 
as to distinct substantive propositions in the subject of the motion 

[474] 



RULES OF THE HOUSE OP REPRESENTATIVES 
Rule XXVII. 904. 

(V, 6141-6143). The motion may not be amended "(V, 5322, 5405, 
6858), postponed (V, 5322), or laid on the table (V, 5405), and the 
motion to reconsider may not be applied to the vote on the motion 
(V, 5645, 5646; VIII, 2781). The motion to refer may not be applied 
to the bill which it is proposed to pass under suspension of the rulea 
(V, 6860). The motion to suspend the rules applied to the parlia- 
mentary law of Jefferson's Manual as well as to the other rules of the 
House (V, 6796), and may even be used to deny the right to have read 
a paper on which the House is to vote (V, 5278-5284). But it has 
usually been held that the right of the Member to have read the paper 
on which he is called to vote is not changed by the fact that the pro- 
cedure is by suspension of the rules (V, 5273-5277; VIII, 3400). The 
motion is held to suspend all rules inconsistent with its purposes, in- 
cluding a rule requiring a recess to be taken (V, 5752). It may be 
used also to change a rule (V, 6862) , or to make a new rule, as was more 
frequently done in the earlier years of the House when it was the only 
way for making a special order except by unanimous consent (IV, 
3152-3162). In the later practice special orders may still be made on 
motion to suspend the rules (IV, 3154) ; but usually they are made by 
majority vote of the House on a report from the Committee on Rules 
(IV, 3169). The motion to suspend may include a series of actions, 
as the discharge of a committee from consideration of a bill and the 
passage of it (V, 6850), the reconsideration of the vote passing a bill, 
amendment of it, and passage again (V, 6849), the permission to a 
committee to report several bills (V, 6857), an order to the Clerk to 
incorporate in the engrossment of a general appropriation bill a pro- 
vision not otherwise in order (IV, 3845), an authorization to the House 
to entertain a specified motion to suspend the rules on a future day, 
not a suspension day (IV, 3845), a motion to take a bill (V, 6288; 
VIII, 3425), or a motion to reconsider, from the table (V, 5640). A 
motion to suspend the rules may provide for the passage of a bill 
regardless of whether it has been reported or referred to any calendar 
or even previously introduced (VIII, 3421). 

In the early practice, when the motion to suspend the rules was 
used to enable a matter to be taken up for considera- 
5 904. Precedence ^ ion out o f or( j e r, it was not admitted when a subject 
was already before the House (V, 5278, 6836, 6837, 
6852, 6853). A bill taken up under this early prac- 
tice might be amended (V, 6842, 6856) by the House, or withdrawn by 
the mover, in which case another Member might not present it (V, 6854, 
6855). In the later practice, where the motion includes both sus- 

[475] 



RULES OF THE HOUSE OF REPRESENTATIVES 
905. Rule XXVH, 

pension of the rules and action on the subject it is admitted, although 
another matter be pending (V, 6834) , although the yeas and nays may 
have been demanded on another highly privileged motion (V, 6835), or 
although the previous question may have been ordered or moved on 
another matter (V, 6827, 6831-6833; VIII, 3418). Earlier rulings, 
however, did not, while a series of Senate amendments were pending, 
permit a motion to suspend the rules in order to permit a vote to be 
taken on the amendments in gross (V, 6828, 6830). But in the earlier 
practice, also, while a matter was pending a motion to suspend the 
rules in order to dispense with the reading otherwise required was 
admitted (V, 5278). The motion to suspend the rules has been ruled 
out of order when the House is considering a bill under a special order 
(V, 6838) ; and when a question of high privilege is before the House 
a motion to suspend the rules and consider another matter is not in order 
(V, 6825, 6826; VI, 553, 565). A motion to suspend the rules and 
approve the Journal was held in order, although the Journal had not 
been read and the then highly privileged motion to fix the day to which 
the House should adjourn was pending (IV, 2758). While the motion 
is of high privilege, it may be superseded by a question of the privilege 
of the House (III, 2553; VI, 565). Moreover, in the absence of a 
motion to suspend, the ordinary motions relating to business of the 
House may be made on suspension days as on other days (IV, 3080). 
The motion to suspend the rules may be made on days other than 
suspension days by unanimous consent (V, 6795) or by adoption of a 
resolution reported by the Rules Committee. On "suspension days" 
the motion to suspend the rules has been admitted at the discretion of 
the Speaker since 1881 (V, 6791-6794, 6845; VIII, 3402-3404), but the 
rules forbid the Speaker to entertain a motion to suspend the rules 
relating to the privilege of the floor ( 919; V, 7283; VIII, 3634), the 
use of the Hall of the House (918; V, 7270) or prohibiting the intro- 
duction of persons in the galleries ( 764; VI, 197). 

The rule gives to individuals preference on the first Monday of the 
905. individual month for making motions to suspend the rules, and 
and committee preference on the third Mondays for committees to 

motions to make the motion (V, 6790). In rare instances the 

suspend the rules. Speaker has called the committees in regular order 
for motions to suspend the rules, but this method is not required (V, 
6810, 6811). In the earlier practice the committee motion must have 
been formally and specifically authorized by the committee (V, 
6805-6807) ; but after the motion was seconded and debate had begun 
it was too late to raise a question as to the authorization (V, 6808). 
Under the later practice authorization by a committee is not required 
(VIII, 3410). The committee may not present a bill .which has 
not been referred to it (V, 6813) and is not within itsj juris- 

[476] 



RULES OF THE HOUSE OP REPRESENTATIVES 
Rule XX VII. 5 906, 907* 

diction (V, 6848). A bill offered on a committee suspension day, in 
the early practice, could carry with it only such amendments as were 
authorized by a committee (V, 6812). If on a committee day an 
individual motion was made and seconded, it was then too late to 
make a point of order (V, 6809). 

2. All motions to suspend the rules shall, before 
being submitted to the House, be 

906. The second i j i - i ,-n - - 

of the motion to seconded by a majority by tellers, if 

suspend the rules. 



This rule was adopted in 1874, but rescinded two years later. In 
1880 it was again adopted and has been retained constantly since that 
time. The object of it was to prevent consumption of the time of the 
House by forcing consideration of undesirable propositions (V, 6797) . 

In voting on this second the constitutional right to demand the yeas 
and nays does not exist (V, 6032-6036; VIII, 3109). But where a 
quorum fails on the vote for a second, it has been held that, under 
Rule XV, cl. 4, the doors should be closed and the yeas and nays 
taken (IV, 3053-3055). While it has been held that it is the right of a 
Member to demand a second but not the duty of the Chair to call for 
it (V, 6801), it is the custom of the Speaker to ask "Is a second de- 
manded?" (V, 6800). In demanding a second an opponent of the bill 
is entitled to recognition, and a member of the committee reporting 
the biU has the preference if he be opposed (V, 6802-6804; VIII, 3415). 
It has been held that the right to demand a second is not necessarily 
precluded by preliminary debate (V, 6800). The motion may be 
withdrawn (V, 6844; VIII, 3405, 3419), or modified at any time 
before the second has been ordered (V, 6840) but not afterwards except 
by unanimous consent (VIII, 3420) ; and a committee may, under the 
same circumstances, withdraw a committee motion, even on a suc- 
ceeding day (V, 6845). 

3. When a motion to suspend the rules has been 
loo?. The forty seconded, it shall be in order, before 
^fmoon f to ebate the final vote is taken thereon, to de- 
suspend the rules, k^ ^ e proposition to be voted upon 
for forty minutes, one-half of such time to be given 
to debate in favor of, and one-half to debate in 
opposition to, such proposition; and the same right of 
debate shall be allowed whenever the previous ques- 

[477] 



RULES OF THE HOUSE OF REPRESENTATIVES 
90S- Bule XXVII. 

tion has been ordered on any proposition on which 
there has been no debate. 

Before the adoption of the rule in 1880 (V, 6821) the motion to sus- 
pend the rules was not debatable (V, 5405, 6820). It may not be 
debated before a second is ordered (V, 6799), but after a second is 
ordered the debate is allowed even though the question would not be 
debatable under the other rules of the House (V, 6822). However, 
when the previous question is ordered without debate on a motion not 
debatable, no debate is allowed under this rule (VIII, 2555, 2690). 
The 40 minutes of debate is divided between the mover and the seconder 
(V, 6823, 6824), unless it develops that the mover is opposed to the bill, 
in which event some Member in favor is recognized for debate (VIII, 
3416). When the mover and seconder divide their time with others, 
the practice as to alternation of recognitions is not insisted on so 
rigidly as in other debate (II, 1442) . 

4. A Member may present to the Clerk a motion 

k discharge a committee 



eos Motion 

todfecbai*ea from the consideration of a public bill 
committee. ^ resolution which has been referred 

to it thirty days prior thereto (but only one motion 
may be presented for each bill or resolution). Under 
this rule it shall also be in order for a Member to file a 
motion to discharge the Committee on Rules from 
further consideration of any resolution providing 
either a special order of business, or a special rule for 
the consideration of any public bill or resolution 
favorably reported by a standing committee, or a 
special rule for the consideration of a public bill or 
resolution which has remained in a standing com- 
mittee thirty or more days without action: Provided) 
That said resolution from which it is moved to dis- 
charge the Committee on Rules has been referred to 

[478] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Bute XXVII. 5908. 

that committee at least seven days prior to the filing 
of the motion to discharge. The motion shall be 
placed in the custody of the Clerk, who shall arrange 
some convenient place for the signature of Members. 
A signature may be withdrawn by a Member in 
writing at any time before the motion is entered on 
the Journal* When a majority of the total member- 
ship of the House shall have signed the motion, it 
shall be entered on the Journal, printed with the 
signatures thereto in the Congressional Record, and 
referred to the Calendar of Motions to Discharge 
Committees. 

On the second and fourth Mondays of each month, 
except during the last six days of any session of Con- 
gress, immediately after the approval of the Journal, 
any Member who has signed a motion to discharge 
which has been on the calendar at least seven days 
prior thereto, and seeks recognition, shall be recognized 
for the purpose of calling up the motion, and the 
House shall proceed to its consideration in the manner 
herein provided without intervening motion except 
one motion to adjourn. Recognition for the motions 
shall be in the order in which they have been entered 
on the Journal 

When any motion under this rule shall be called 
up, the bill or resolution shall be read by title only. 
After twenty minutes' debate, one-half in favor of the 
proposition and one-half in opposition thereto, the 
House shall proceed to vote on the motion to dis- 

[479] 



BTTLES OF THE HOUSE OF REPRESENTATIVES 
908. Rule XXVtt 

charge. If the motion prevails to discharge the 
Committee on Rules from any resolution pending 
before the committee, the House shall immediately 
vote on the adoption of said resolution, the Speaker 
not entertaining any dilatory or other intervening 
motion except one motion to adjourn, and, if said 
resolution is adopted, then the House shall immedi- 
ately proceed to its execution. If the motion pre- 
vails to discharge one of the standing committees of 
the House from any public bill or resolution pending 
before the committee, it shall then be in order for any 
Member who signed the motion to move that the 
House proceed to the immediate consideration of such 
bill or resolution (such motion not being debatable), 
and such motion is hereby made of high privilege; 
and if it shall be decided in the affirmative, the bill 
shall be immediately considered under the general 
rules of the House, and if unfinished before adjourn- 
ment of the day on which it is called up it shall 
remain the unfinished business until it is fully dis- 
posed of. Should the House by vote decide against 
the immediate consideration of such bill or resolution, 
it shall be referred to its proper calendar and be 
entitled to the same rights and privileges that it 
would have had had the committee to which it was 
referred duly reported same to the House for its 
consideration: Provided, That when any perfected 
motion to discharge a committee from the considera- 
tion of any public bill or resolution has once been 

[480] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XX VH. 908. 

acted upon by the House it shall not be in order to 
entertain during the same session of Congress any 
other motion for the discharge from that committee 
of said measure, or from any other committee of 
any other bill or resolution substantially the same, 
relating in substance to or dealing with the same 
subject matter, or from the Committee on Rules of a 
resolution providing a special order of business for 
the consideration of any other such bill or resolution, 
in order that such action by the House on a motion 
to discharge shall be res adjudicata for the remainder 
of that session: Provided further, That if before any 
one motion to discharge a committee has been acted 
upon by the House there are on the Calendar of 
Motions to Discharge Committees other motions to 
discharge committees from the consideration of bills 
or resolutions substantially the same, relating in 
substance to or dealing with the same subject matter, 
after the House shall have acted on one motion to 
discharge, the remaining said motions shall be stricken 
from the Calendar of Motions to Discharge Commit- 
tees and not acted on during the remainder of that 
session of Congress. 

This clause was adopted December 8, 1931 and amended January 3, 
1935 (VII, 1007) . It displaced a rule providing for a motion to instruct 
a committee to report a public bill or resolution. The first discharge 
rule was adopted June 17, 1910, pp. 8439, 8445. It was amended 
during the first session of the Sixty-second Congress, April 4, 5, 1911, 
pp. 18, 80; and also on February 3, 1912, p. 1685, January 18, 1924, p. 
1143, and December 7, 1925, pp. 383, 390. 

The phrase "a majority of the total membership of the House" 
was construed to mean 218 Members (Speaker Byrns, April 15, 1936, 

[481] 



BULES OF THE HOUSE OP REPRESENTATIVES 
909. RwleXXVCQU 

p. 5509). The rule does not authorize signature of discharge motions 
by proxy (VII, 1014). 

The right to close twenty minute debate on a motion to discharge a 
Committee is reserved to the proponents of the motion (VII, lOlOa). 

Signatures on a motion to discharge a committee may not be made 
public until the requisite number have signed the motion (VII, 1008; 
Apr. 12, 1934, p. 6489), and the death or resignation of a Member who 
has signed a motion does not invalidate Ms signature (May 31, 1934, 
p. 10159). It may be withdrawn by his successor (Dec. 7, 1943, 
p. 10388; Jan. 17, 1946, p. 96; March 5, 1946, p. 1968; July 30, 1946, 
p. 10464, 10491; March 2, 1948, p. 1993, 2001; Jan. 16, 1950, p. 436). 

The point of order provided in clause 4, rule XXI does not apply to 
an appropriation in a bill which has been taken away from a committee 
by the motion to discharge (VII, 1019a). 

The rule does not apply to a bill that has been reported by a commit- 
tee during the interval between the placing of a motion to discharge on 
the calendar and the day when such motion is called up for action in the 
House (Apr. 23, 1934, p. 7156). The Committee on Rules may not be 
discharged from further consideration of a resolution providing for an 
investigating committee (Apr. 23, 1934, p. 7161). 

RULE XXVIII. 

CONFERENCE REPORTS. 

1 (a) The presentation of reports of committees of 
909. nigh conference shall always be in order, ex- 

cept when the Journal is being read, 
while the roll is being called, or the 
House is dividing on any proposition. 

The practice of giving conference reports privilege dates from 1850, 
having had its origin in a temporary rule. This practice was continued 
by rulings of the Chair until this rule was adopted in 1880 (V, 6443- 
6446, 6454). 

Under the language of the rule a conference report may be presented 
while a Member is occupying the floor in debate (V, 6451; VIII 3294), 
while a bill is being read (V, 6448), after the yeas and nays have been 
ordered (V, 6457), after the previous question has been demanded or 
ordered (V, 6449, 6450), and during a call of the House if a quorum be 

[482] 



RULES OP THE HOUSE OF REPRESENTATIVES 
Rule XX vni. 

present (V, 6456) and on Calendar Wednesday (VII, 907), but consider- 
ation of such reports yields to Calendar Wednesday business (VII, 899). 
It even takes precedence of the motion to reconsider (V, 5605), motions 
to go into the Committee of the Whole for consideration of general 
appropriation bills (VIII, 3291), consideration of District of Columbia 
business on Monday (VIII, 3292), and to adjourn (V, 6451-6453), 
although as soon as the report is presented the motion to adjourn may 
be put (V, 6451-6453). Also 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 (V, 6524) . While 
it may not be presented while the House is dividing, it may be presented 
after a vote by tellers and pending the question of ordering the yeas and 
nays (V, 6447) . It also has precedence of a report from the Committee 
on Rules (V, 6449) , and has been permitted to intervene when a special 
order provides that the House shall consider a certain bill "until the 
same is disposed of" (V, 6454) . Of course, a question of privilege which 
relates to the integrity of the House as an agency for action may not be 
required to yield precedence to a matter entitled to priority merely by 
the rules relating to the order of business (V, 6454). 

While the rule provides that the managers of the House asking a con- 
ference shall leave the papers with the managers of the other ( 555, 
556), if the managers on the part of the House agreeing to a conference 
surrender the papers to the House asking the conference, the report 
may be received first by the House asking the conference (VIII, 3330). 

The conferees are limited to the differences between the two Houses 
and can not insert in their report new matter not germane thereto but 
where an amendment strikes out all after the enacting clause of a bill, 
the conferees have the entire subject before them (VIII, 3263), and 
may report a new bill ( 913). 

For further discussion of conference reports, see 527-559, Jeffer- 
son's Manual. 

(b) After House conferees on any bill or resolu- 
910. tion in conference between the House 

and Senate shall have been appointed for twenty 
calendar days and shall have failed to make a report, 
it is hereby declared to be a motion of the highest 
privilege to move to discharge said House conferees 
and to appoint new conferees, or to instruct said 

[483] 



RULES OF THE HOUSE OF REPRESENTATIVES 
911, 912. Rale XXVUI. 

House conferees; and, further, during the last six 
days of any session of Congress, it shall be a privileged 
motion to move to discharge, appoint, or instruct, 
House conferees after House conferees shall have 
been appointed thirty-six hours without having made 
a report. 

This clause was adopted December 8, 1931 (VIII, 3225). 
A motion to instruct under this rule is divisible if it contains two or 
more substantive propositions (Speaker Byrns, May 26, 1936, p. 7951). 

(c) And there shall accompany every such report 
en. The & detailed statement sufficiently explicit 

a^^nUga to inform the House what effect such 
conference report. amendments or propositions will have 
upon the measures to which they relate. 

This rule was adopted in 1880 (V, 6821). 

The statement required by the rule should be in writing and signed 
by at least a majority of the House managers (V, 6505, 6506). The 
Speaker may require the statement to be in proper form (V, 6513), but 
it is for the House and not the Speaker to determine whether or not it 
conforms to the rule in other respects (V, 6511, 6512). A report may 
not be received without the accompanying statement (V, 6504, 6514, 
6515). 

2. It shall not be in order to consider the report of 
912. printing of a CQTTiTnittee of conference until such 
^d f ste^Inte rts report and the accompanying statement 

in the Record. gj^jj j^^ been p^^ ^ ^ ReCOrd, 

except on either of the six days preceding the end of 
a session. 

This rule was adopted in 1902 (V, 6516). 

[484] 



RULES OF THE HOUSE OF REPRESENTATIVES 
BuIeXXEK. 913,914. 

3. Whenever a disagreement to an amendment in 
913. conferees may the nature of a substitute has been 
committed to a conference committee 



substitute. on the part of the House to propose a 

substitute which is a germane modification of the 
matter in disagreement, but their report shall not 
include matter not committed to the conference 
committee by either House. 

This provision from Sec. 135 (a) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules January 
3, 1953, p. 24. This has been the practice of the House for many years 
as is shown by the following precedents: 

Where one House strikes out of a bill of the other, all after the en- 
acting clause and inserts a new text, conferees may discard language 
occurring both in the bill and the substitute (VIII, 3266), and exercise 
a wide discretion in the incorporation of germane (VIII, 3263-3265) 
amendments and may even report a new bill germane to the subject 
(V, 6421, 6423, 6424; VIII, 3248). 

RULE XXIX. 

SECRET SESSION. 

Whenever confidential communications are re- 
ceived from the President of the United 

914. Secret 

session of the States, or whenever the Speaker or any 
House. Member shall inform the House that 

he has communications which he believes ought to be 
kept secret for the present, the House shall be cleared 
of all persons except the Members and officers thereof, 
and so continue during the reading of such communi- 
cations, the debates and proceedings thereon, unless 
otherwise ordered by the House. 

62581 H. Doc. 459, 86-2 32 [485] 



RULES OF THE HOUSE OF REPRESENTATIVES 
915,916. Rule XXX. 

This rule, in a somewhat different form, was adopted in 1792, although 
secret sessions had been held by the House before that date. They 
continued to be held at times with considerable frequency until 1830. 
In 1880, at the time of the general revision of the rules, the House 
concluded to retain the rule, although it had been long in disuse (V, 
7247; VI, 434). 

The two Houses have legislated in secret session, transmitting their 
messages also in secrecy (V, 7250) ; but the House has declined to be 
bound to secrecy by act of the Senate (V, 7249) . Motions to remove 
the injunction of secrecy should be made with closed doors (V, 7254). 
In 1843 a confidential message from the President was referred without 
reading; but no motion was made for a secret session (V, 7255). 

RTJLE XXX. 

BEADING OP PAPERS. 

When the reading of a paper other than one upon 
915. objections to which the House is called to give a 
reading of papers. g^ VO e j s demanded, and the same 

is objected to by any Member, it shall be determined 
without debate by a vote of the House. 

This rule was adopted in 1794 and amended in 1802 and 1880 
(V, 5257). 

It recognizes the right of the Member under the general parliamentary 

law to have read the paper on which the House is to 

916. Papers vote ^y 5258), but when that paper has been read 

read on demand ' '*. , . j -, v 

of a Member. once, the reading may not be repeated unless by 

order of the House (V, 5260). The right may be 
abrogated by suspension of the rules (V, 5278-5284; VIII, 3400) ; but 
is not abrogated simply by the fact that the current procedure is taking 
place under the rule for suspension (V, 5273-5277). On a motion to 
refer a report the reading of it may be demanded as a matter of right 
but the latest ruling leaves to the House to determine whether or not 
an accompanying record of testimony should be read (V, 5261, 5262). 
In general the reading of a report is held to be in the nature of debate 
(V, 5292) ; but where a report presents facts and conclusions but no 
legislative proposition it is read if submitted for action (IV, 4663). 
Where a paper is offered as involving a matter of privilege it may be 

[486] 



RULES OF THE HOUSE OF REPEESE3STTATIVES 
EuleXXXL 

read to the House (III, 2597; VI, 606; VIII, 2599), rather than by the 
Speaker privately (III, 2546), but a Member may not, as a matter of 
right, require the reading of a book or paper on suggestion that it 
contains matter infringing on the privileges of the House (V, 5258), 
The rule prohibiting the reading of papers in debate was held to apply 
to the exhibition of articles as evidence or in exemplification in debate 
(VIII, 2452, 2453; June 21, 1947, p. 6104). 
The reading of papers other than the one on which the vote is about 

to be taken is usually permitted without question 
"J b'cwueiit (V> 5258) > and the Member to debate usually reads or 

STthe HouseT lias read sucl1 P a Pers as he pleases, but this privilege 

is subject to the authority of the House if another 
Member objects (V, 5285-5288, 5289-5291; VIII, 2597, 2602). This 
principle applies even to the Member's own written speech (V, 5258; 
VIII, 2598), to a report which he proposed to have read in his own 
time or to read in his place (V, 5293), and to excerpts from the Con- 
gressional Record (VIII, 2597) . But, on a motion to lay on the table, 
a demand for the reading of a paper other than the one to which the 
motion applied was overruled (V, 5297)'; and after the previous ques- 
tion is ordered a Member may not ask the decision of the House as 
to the reading of a paper not before the House for action (V, 5296), 
even though it be the report of the committee (V, 5294, 5295), (See 
432-436 for further discussion). 

RULE XXXI. 

HALL OF THE HOUSE. 

The Hall of the House shall be used only for the 
918. use of the legislative business of the House and for 
Han of the House. ^ e caucus meetings of its Members, 

except upon occasions where the House by resolution 
agrees to take part in any ceremonies to be observed 
therein; and the Speaker shall not entertain a motion 
for the suspension of this rule. 

Rules relating to the use of the Hall were adopted as early as 1804. 
The present form of the rule dates from 1880 (V, 7270). It was 
renumbered January 3, 1953, p. 24. 

[487] 



RULES 0^ THE HOUSE O 
919. Rules XXXH. 

RULE XXXII. 

OF ADMISSION TO THE FLOOK. 

1. The persons hereinafter named, and none other, 
shall be admitted to the Hall of the 

919. Persons and 

officials admitted to House or rooms leading thereto, viz: 



The President and Vice President of the 
United States and their private secre- 
taries, judges of the Supreme Court, Members of Con- 
gress and Members-elect, contestants in election cases 
during the pendency of their cases in the House, the 
Secretary and Sergeant-at-Arms of the Senate, heads 
of departments, foreign -ministers, governors of States, 
the Architect of the Capitol, the Librarian of Con- 
gress and his assistant in charge of the Law Library, 
the Resident Commissioner to the United States from 
Puerto Rico, such persons as have, by name, received 
the thanks of Congress, ex-Members of the House of 
Representatives who are not interested in any claim 
or directly in any bill pending before Congress, and 
clerks of committees when business from their com- 
mittee is under consideration; and it shall not be in 
order for the Speaker to entertain a request for the 
suspension of this rule or to present from the chair 
the request of any Member for unanimous consent. 

This rule, which has been amended only slightly since 1880, was sub- 
jected to many changes from 1802 until that date (V, 7283; VIII, 3634). 
It was renumbered January 3, 1953, p. 24. 

[488] 



RULES OF THE HOUSE OF REPRESENTATIVES 
BnleXXXH. 920,921. 

The portion of the rule forbidding the Speaker to entertain requests 
for suspension of the rule applies also to the Chairman of the Com- 
mittee of the Whole (V, 7285). "Heads of departments" means mem- 
bers of the President's Cabinet, and not subordinate executive officers, 
and "foreign ministers" means ministers from foreign governments 
only. " Governors of States" does not include governors of Terri- 
tories (V, 7283; VIII, 3634). 

An alleged violation of the rule relating to admission to the floor 
presents a question of privilege (III, 2624, 2625; 
VI > 579 >> but not & **&** question of privilege than 
an election case (III, 2626). In one case where an 
ex-Member was abusing the privilege, he was excluded by direction 
of the Speaker (V, 7288) , but in another case the Speaker declared it a 
matter for the House and not the Chair to consider (V, 7286). In one 
case an alleged abuse was inquired into by a select committee (V, 
7287). Former Members of the House do not have the privilege of 
the Hall of the House nor rooms leading thereto when they are per- 
sonally interested in legislation being considered or who are in the 
employ of an organization that is interested in legislation before the 
Congress (Speaker Ray burn Oct. 2, 1945, p. 9251). While former 
Members of Congress are entitled to the privilege of the floor they may 
not manifest approval or disapproval of the proceedings (VIII, 3635). 

2. There shall be excluded at all times from the 
Hall of the House of Representatives 

921. Admission to ^ 

the floor when the and the cloakrooms all persons not 

House is not sitting. , _ ... - - 

entitled to the privilege of the floor 
during the session, except that until fifteen minutes 
of the hour of the meeting of the House persons em- 
ployed in its service, accredited members of the press 
entitled to admission to the press gallery, and other 
persons on request of Members, by card or in writing, 
may be admitted. 

This clause was adopted in 1902 (V, 7346). 

[489] 



RULES OF THE HOUSE OF REPRESENTATIVES 
922, 92S. Rules XXXm, XXXTVV 

RULE XXXIII. 

OF ADMISSION TO THE GALLERIES, 

The Speaker shall set aside a portion of the west 

922 The various S^^J ^ OT *^ 6 USC f *^ e President Of 

Aeries and the United States, the members of his 

admission thereto. Qgfofas^ justices of the Supreme Court, 

foreign ministers and suites, and the members of their 
respective families, and shall also set aside another 
portion of the same gallery for the accommodation 
of persons to be admitted on the card of Members. 
The southerly half of the east gallery shall be assigned 
exclusively for the use of the families of Members of 
Congress, in which the Speaker shall control one 
bench, and on request of a Member the Speaker shall 
issue a card of admission to his family, which shall 
include their visitors, and no other person shall be 
admitted to this section. 

This rule was adopted in 1880 (V, 7302). It was renumbered 
January 3, 1953, p. 24. 

On special occasions the House sometimes makes a special rule for 
admission to the galleries (V, 7303), as on the occasion of the electoral 
count (III, 1961), of address by the President, and of public funerals. 

RULE XXXIV. 

OFFICIAL AND OTHEE REPORTERS. 

1. The appointment and removal, for cause, of the 
923. Reporters official reporters of the House, includ- 
ofdeutosana ^g stenographers of committees, and 



stenographers. ^ manner o f the execution of their 
duties shall be vested in the Speaker. 

[490] 



RTJIJES OF THE HOUSE OF REPRESENTATIVES 
Rale XXXIV. $924-926. 

This rule was adopted in 1874 (V, 6958). It was renumbered 
January 3, 1953, p. 24. 

The reporters of debates have borne an important part in the evolu- 
tion by which the House has built up the system of a daily verbatim 
report of its proceedings, made by its own corps of reporters (V, 6959). 
Since these reporters have become officers of the House a correction 
of the Congressional Record has been held a question of privilege 
(V, 7014r-7016). 

The arrangement, style, etc., of the Congressional Record is pre- 
924. Relations of scribed by the Joint Committee on Printing who 
the Speaker to the also determines as to the insertion of maps, diagrams, 
Congressional etc. (V, 7024; VIII, 3500). The Record is for 

Becord - the proceedings of the House and Senate only, and 

matters not connected therewith are rigidly excluded (V, 6962). It is 
not, however, the official record, that function being fulfilled by the 
Journal (IV, 2727). As a general principle the Speaker has no control 
over the Record (V, 6984, 7017), but words spoken by a Member after 
he has been called to order may be excluded by direction of the Speaker 
(V, 6975-6978; VIII, 3466, 3471). But the House, and not the Speak- 
er, determines what liberty shall be allowed to a Member who has leave 
to extend his remarks (V, 6997-7000; VIII, 3475), whether or not a 
copyrighted article shall be printed therein (V, 6985), as to an alleged 
abuse of the leave to print (V, 7012; VIII, 3474), or as to a proposed 
amendment (V, 6983). 

As a general rule the Committee of the Whole has no control over the 
925 Relations Congressional Record (V, 6986) ; but the Chairman, 

of the Committee * n *&& preservation of order, may direct the exclusion 
of the whole to of disorderly words spoken by a Member after he has 

the congressional been called to order (V, 6987). In a case wherein 
Record - the committee conceived that a letter read in com- 

mittee involved a breach of privilege, it reported the matter to the 
House for action, and the House struck the letter from the Record 
(V, 6986). The Chairman of the Committee of the Whole does not 
determine the privileges of a Member under a general leave to print in 
the Record, that being for the House alone (V. 6988). Neither may 
the Committee of the Whole grant a general leave to print, although 
for convenience it does permit individual Members to extend their 
remarks (V, 7009, 7010; VIII, 3488-3490). 

While the House controls the Congressional Record, the Speaker with 
the assent of the House laid down the principle that 
L 926 ;, Cor ^ ion i of words spoken by a Member in order might not be 
.! changed by the House, as this would be determining 
what a Member should utter on the floor (V, 6974; 

[491] 



RULES OF THE HOUSE OF RBPEE SENT ATI VES 
927,928. Rule XXXIV. 

VI, 583; VIII, 3469, 3498). Neither should one House strike out mat- 
ter placed in the Record by permission of the other House (V, 6966). 
But the House may correct the speech of one of its Members so that it 
may record faithfully what he actually said (V, 6972). Where a 
Member had uttered disorderly words on the floor without objection, 
the House yet decided that it was not precluded from action when the 
words, after being withheld for revision, appeared in the Record, and 
struck them out (V, 6979, 6981; VI, 582; VIII, 2538, 3463, 3472). 

The House has also ordered striken from the Record printed speeches 
condemned as unparliamentary for reflections on Members, committees 
of the House, the House itself (V, 7017), and the Senate (V, 5129). It 
is improper for a Member to have published in the Record the individual 
votes of Members on a question of which the yeas and nays have not 
been entered on the Journal (V, 6982). A correction of the Record 
which involves a motion and a vote is recorded in the Journal (IV, 
2877) . Propositions to make corrections are sometimes considered by 
the Committee on House Administration. In debating a resolution to 
strike from the Record disorderly language a Member may not read the 
language (V, 7004) ; but it was held that as part of a personal explana- 
tion relating to matter excluded as out of order a Member might read 
the matter, subject to a point of order if the reading should develop 
anything in violation of the rules of debate (V, 5079) . It has also been 
held that a Member may not, in a controversy over a proposed correc- 
tion of the Record as to a matter of business, demand as a matter of 
right the reading of the reporter's notes (V, 6967; VIII, 3460). 

A motion or resolution for the correction of the Congressional Record 
927. PriYiiege ma y ^ e ma -de properly after the reading and approval 

of propositions of the Journal (V, 7013; VIII, 3496), and is not in 

to correct the order pending the approval of the Journal (V, 6989), 

Congressional but is privileged after that (V, 7014r-7019; VIII, 

Record " 3461, 3463) . A question of privilege as to an alleged 

error in the Record may not be raised until the Record has appeared 
(V, 7020), and a resolution to omit from the manuscript copy certain 
remarks declared out of order is not privileged (V, 7021). Offensive 
words having been stricken from the Record, a question of privilege 
may not arise therefrom (V, 7023; VI, 596). 

It has been the practice to allow a Member, with the approval of the 
928. Privflege of Speaker, to revise his remarks before publication in 
Member to revise the Congressional Record (V, 6971); but he should 
his remarks in the not change the notes of Ms own speech in such a way 
Congressional as ^o affect the remarks of an opponent in contro- 

versy without bringing the correction to the atten- 
tion of that Member (V, 6972; VIII, 3461). Where the remarks 

[492] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Bute XXXIV. 5929. 

of another are not affected, a Member in revising a speech for the 
Record may strike out any portion or may omit the speech in its 
entirety (VIII, 3468) but alterations which place a different aspect on 
the remarks of a colleague require authorization by the House (VIII, 
3463, 3497). A Member is not entitled to inspect the Reporter's notes 
of remarks which do not contain reflections on himself, delivered by 
another Member and withheld for revision (V, 6964) . Where a Mem- 
ber so revised his remarks as to affect the import of words uttered by 
another Member, the House corrected the Record (V, 6973). The 
Joint Committee on Printing prescribes the conditions under which 
Members may revise their remarks (V, 7024; VIII, 3500). 

The practice of inserting in the Congressional Record speeches not 
929. "Leave to actually delivered on the floor has grown up by con- 

print" in the sent of the House as the membership has increased 

Congressional and it has become difficult at times for every Member 

Record - to express at length on the floor his reasons for his 

attitude on public questions (V, 6990-6996, 6998-7000). The House 
quite generally stipulates, in granting leave to print, that it shall be 
exercised without unreasonable freedom (V, 7002, 7003). General 
leave to print may be granted only by the House, although in Commit- 
tee of the Whole a Member, by unanimous consent, is sometimes given 
leave to extend his remarks (V, 7009, 7010; VIII, 3488-3490). 
When a Member under leave to print places in the Record that which 
would not have been in order if uttered on the floor, the House may 
exclude the speech in whole or in part (V, 7005-7008; VIII, 3495). 
Thus, where a Member, under leave to print, made charges against 
another Member, the House ordered the speech stricken out (V, 7004). 
The principle that a Member shall not be called to order for words 
spoken in debate if business has intervened does not apply to a case 
where leave to print has been violated (V, 7005). Where a Member 
gets leave to insert one matter he may not print another (V, 7001; 
VIII, 3462, 3479, 3480). Leave to extend remarks does not permit a 
Member to insert in the Record statements and letters of others unless 
the leave granted specifies such matter (VIII, 3475, 3481) whether the 
extension be under general leave for all Members or individually. In 
Committee of the Whole leave for an extension of remarks should not 
be granted except in connection with remarks actually delivered and, 
if under the five-minute rule, relevant to the bill; and the extension 
under such circumstances should be brief (Speaker Longworth, Mar. 
18, 1926, p. 5854). The Chairman of the Committee of the Whole has 
declined to entertain a request for an extension of remarks actually 

[493] 



RULES OF THE HOUSE OF REPRESENTATIVES 
930. Rule XXXIV. 

delivered under the five-minute rule but not relevant to the bill under 
consideration (Chairman Lehlbach, Mar. 18, 1926, p. 5861). Where 
a Member abused a leave to print on the last day of the session, the 
House at the next session condemned the abuse and declared the 
matter not a legitimate part of the official debates (V, 7017). An 
abuse of the leave to print gives rise to a question of privilege (V, 7005- 
7008, 7011; VIII, 3163, 3491, 3495), and a resolution or motion to 
expunge from the Record in such a case is offered as of privilege 
(V, 7012; VIII, 3475, 3491). An inquiry by the House as to an 
alleged abuse of the leave to print does not necessarily entitle the 
Member implicated to the floor on a question of privilege (V, 7012). 

2. Such portion of the gallery over the Speaker's 
930. unofficial chair as may be necessary to accommo- 
^^i^ana date representatives of the press wish- 
on the floor. j^g O re port debates and proceedings 

shall be set aside for their use, and reputable reporters 
and correspondents shall be admitted thereto under 
such regulations as the Speaker may from time to 
time prescribe; and the supervision of such gallery, 
including the designation of its employees, shall be 
vested in the standing committee of correspondents, 
subject to the direction and control of the Speaker; 
and the Speaker may assign one seat on the floor to 
Associated Press reporters, one to the International 
News Service, and one to the United Press Associa- 
tions, and regulate the occupation of the same. And 
the Speaker may admit to the floor, under such reg- 
ulations as he may prescribe, one additional repre- 
sentative of each press association. 

This clause was first adopted in 1857, and has been amended from 
time to time as the occasion demanded (V, 7304; VIII, 3642). It was 
again amended January 3, 1953, p. 24. 

[494] 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rule XXXV. 930 A, $31. 

3. Such portion of the gallery of the House of 
unofficial Representatives as may be necessary 
to accommodate reporters of news to 
**>*- be disseminated by radio, wireless, and 

similar means of transmission, wishing to report de- 
bates and proceedings, shall be set aside for their 
use, and reputable reporters thus engaged shall be 
admitted thereto under such regulations as the 
Speaker may from time to time prescribe; and the 
supervision of such gallery, including the designation 
of its employees, shall be vested in the standing Com- 
mittee of Radio Reporters, subject to the direction 
and control of the Speaker; and the Speaker may 
admit to the floor, under such regulations as he may 
prescribe, one representative of the National Broad- 
casting Company, one of the Columbia Broadcasting 
System, one of the Mutual Broadcasting System, 
and one of the Transradio Press Service. 

This clause was adopted on April 20, 1939, p. 4561, and was amended 
on May 30, 1940, p. 7208. 

RULE XXXV. 

PAY OF WITNESSES. 

The rule for paying witnesses subpenaed to appear 
<3i.Feesof before the House or either of its com- 
SSL^f* mittees shall be as follows: For each 
committees. (j a y a witness shall attend, the sum of 

nine dollars; for each mile he shall travel in coming 
to or going from the place of examination, the sum 
of seven cents each way; but nothing shall be paid 
for traveling when the witness has been summoned 
at the place of trial. 

[496] 



RULES OF THE HOUSE OF REPRESENTATIVES 
932. Bute XXXVI. 

This rule was adopted in 1872, with amendments in 1880 (III, 1825). 

This rule was again amended on February 25, 1930, increasing the 
amount to be paid witnesses from two dollars to six dollars and travel- 
ing expenses from five cents each way to seven cents (VI, 393), and 
on April 19, 1955, p. 4722, increasing the amount to be paid from six 
dollars to nine dollars per day. The rule was renumbered January 
3, 1953, p. 24. For further provisions relating to witnesses, see 735. 

RULE XXXVI. 

PAPERS. 

1. The clerks of the several committees of the 
932. Duties of House shall, within three days after the 
^otteM as to ^ na ^ Adjournment of a Congress, deliver 
custody of papers to the Clerk of the House all bills, joint 
before committees. reso i u tions, petitions, and other papers 
referred to the committee, together with all evidence 
taken by such committee under the order of the 
House during the said Congress and not reported to 
the House; and in the event of the failure or neglect 
of any clerk of a committee to comply with this rule 
the Clerk of the House shall, within three days 
thereafter, take into his keeping all such papers and 
testimony. 

This provision was adopted in 1880 (V, 7260). The rule was re- 
numbered January 3, 1953, p. 24. 

2. At the close of each Congress the Clerk of the 
House shall obtain all noncurrent records of the 
House and each committee thereof and transfer them 
to the National Archives for preservation subject to 
the order of the House, and in so transferring he may 
act jointly with the Secretary of the Senate. 

This provision from Sec. 140 (a) of the Legislative Reorganization 
Act of 1946 (60 Stat. 812) was made a part of the standing rules 
January 3, 1953, p. 24. 

[496] 



RULES 0!F THE HOTJSE (XP KEPBESESTTATIVES 
Enles XXXVH, XXXVm. 5 j 933, 934 

RULE XXXVII. 

WITHDRAWAL OF PAPERS. 

No memorial or other paper presented to the House 
shall be withdrawn from its files with- 

933. Custody of ,.-.,, 

papers m the files out its leave, and if withdrawn there- 
ouse " from certified copies thereof shall be 
left in the office of the Clerk; but when an act may 
pass for the settlement of a claim, the Clerk is au- 
thorized to transmit to the officer in charge with the 
settlement thereof the papers on file in his office 
relating to such claim, or may loan temporarily to 
an officer or bureau of the executive departments any 
papers on file in his office relating to any matter 
pending before such officer or bureau, taking proper 
receipt therefor. 

This rule was adopted in 1873 and amended in 1880 (V, 7256). It 
was renumbered January 3, 1953, p. 24. 

The House usually allows the withdrawal of papers only in cases 
where there has been no adverse report. As the rules for the order of 
business give no place to the motion to withdraw, it is made by unani- 
mous consent (V, 7259). 

RULE XXXVIII. 

BALLOT. 

In all cases of ballot a majority of the votes given 
934. Elections by shall be necessary to an election, and 
ballot - where there shall not be such a majority 

on the first ballot the ballots shall be repeated until 
a majority be obtained; and in all balloting blanks 

[497] 



RULES OF THE HOUSE OB 1 REPRESENTATIVES 
935, 936. Rules XXXEK, XL. 

shall be rejected and not taken into the count in 
enumeration of votes or reported by the tellers. 

This rule was first adopted in 1789 and was amended in 1837 (V, 
6003). It was renumbered January 3, 1953, p. 24. The last election 
by ballot seems to have occurred in 1868 (V, 6003). 

RULE XXXIX. 

MESSAGES. 

Messages received from the Senate and the Presi- 
5935. Entry of dent of the United States, giving notice 
^ e ^ e ^ the of bills passed or approved, shall be 
Record - entered in the Journal and published 

in the Record of that day's proceedings. 

This rule was adopted in 1867 and amended in 1880 (V, 6593). It 
was renumbered January 3, 1953, p. 24. 

The House may receive a message from the Senate when the Senate 
is not in session (VIII, 3338). 

RUDE XL. 

EXECUTIVE COMMUNICATIONS. 

Estimates of appropriations and all other com- 
936. Reception munications from the executive depart- 
and u e *ST nce f ments, intended for the consideration of 
committees of the House, shall be 



estimates. addressed to the Speaker, and by him 

referred as provided by clause 2 of Rule XXIV. 

This rule was adopted in 1867 (IV, 3573). It was renumbered 
January 3, 1953, p. 24. 

Formerly estimates of appropriations were transmitted through the 
Secretary of the Treasury (IV, 3573-3576, 4045), but under the Budget 
Act they are transmitted by the President, 

14981 



RULES OF THE HOUSE OF REPRESENTATIVES 
Rules XLI, XLIL 5 937, 938. 

RULE XLI. 

QUALIFICATIONS OF OFFICERS AND EMPLOYEES. 

No person shall be an officer of the House, or 
937. officers continue in its employment, who shall 
be an a g ent f or the prosecution of any 
claim against the Government, or be 
interested in such claim otherwise than as an orig- 
inal claimant; and it shall be the duty of the Com- 
mittee on House Administration to inquire into 
and report to the House any violation of this rule. 

This rule was adopted in 1842 (V, 7227). It was renumbered 
January 3, 1953, p. 24. 

RULE XLIL 

GENERAL PROVISIONS. 

The rules of parliamentary practice comprised in 
938. Relations of Jefferson's Manual and the provisions 
of the Legislative Reorganization Act 
of 1946, as amended, shall govern the 

? ' e 

of the House. House in all cases to which they are 
applicable, and in which they are not inconsistent 
with the standing rules and orders of the House and 
joint rules of the Senate and House of Represent- 
atives. 

This rule was adopted in 1837 (V, 6757), and amended January 3, 
1953, p. 24, when it was also renumbered. Joint rules have not been 
in force since the Forty-third Congress. Discussion of the importance 
of Jefferson's Manual as an authority in congressional procedure (VII, 
1029, 1049; VIII, 2501, 2517, 2518, 3330). 



LEGISLATIVE REORGANIZATION ACT OF 1946 
9-10,941,943. 

PROVISIONS OF THE LEGISLATIVE REORGANIZATION 
ACT OF 1946 APPLICABLE TO BOTH HOUSES 

CONGRESSIONAL ADJOURNMENT 
SEC. 132. Except in time of war or during a 
national emergency proclaimed by the 
President, the two Houses shall adjourn 
sine die not later than the last day (Sundays ex- 
cepted) in the month of July in each year unless 
otherwise provided by the Congress. 

Opinion of the Speaker interpreting the phrase 
"except in time of war or during a national emer- 
gency proclaimed by the President" (Speaker Ray- 
burn July 27, 1949, p. 10291-92). The Speaker held 
that the first session of the 81st Congress could legally continue 
after the last day of July, 1949, without further provision of the 
Congress because the national emergencies declared by the President 
on Sept. 8, 1939 and May 27, 1941, were still in effect and that a 
state of war still existed (Speaker Rayburn, Aug. 1, 1949, p. 10486; 
Aug. 2, 1949, p. 10591, and Aug. 4, 1949, p. 10778). 

The Committee on Rules has jurisdiction of matters relative to re- 
cesses and final adjournments of Congress ( 715). 

LEGISLATIVE BUDGET 

SEC. 138. (a) The Committee on Ways and Means 
and the Committee on Appropriations 
of the House of Representatives, and 
the Committee on Finance and the Committee on Ap- 
propriations of the Senate, or duly authorized sub- 
committees thereof, are authorized and directed to 
meet jointly at the beginning of each regular session of 
Congress and after study and consultation, giving 
due consideration to the budget recommendations 



[500] 



IJBGISLAT1VE REORGANIZATION ACT OF 1946 

$945. 

of the President, report to their respective Houses a 
legislative budget for the ensuing fiscal year, includ- 
ing the estimated over-all Federal receipts and 
expenditures for such year. Such report shall con- 
tain a recommendation for the maximum amount to 
be appropriated for expenditure in such year which 
shall include such an amount to be reserved for defi- 
ciencies as may be deemed necessary by such com- 
mittees. If the estimated receipts exceed the esti- 
mated expenditures, such report shall contain a 
recommendation for a reduction in the public debt. 
Such report shall be made by February 15. 

(b) The report shall be accompanied by a con- 
current resolution adopting such budget, and fixing 
the maximum amount to be appropriated for ex- 
penditure in such year. If the estimated expendi- 
tures exceed the estimated receipts, the concurrent 
resolution shall include a section substantially as 
follows: "That it is the sense of the Congress that 
the public debt shall be increased in an amount 
equal to the amount by which the estimated expendi- 
tures for the ensuing fiscal year exceed the estimated 
receipts, such amount being $ ." 

STUDIES AND REPORTS BY APPROPRIATIONS 
COMMITTEES 

SEC. 139. (b) The Committees on Appropriations 
of the two Houses are authorized and 

QJC 

directed, acting jointly, to develop a 
standard appropriation classification schedule which 

62581 H. Doc. 459, 86-2 33 [501] 



LEGISLATIVE REORGANIZATION ACT OF 1946 
950. 

will clearly define in concise and uniform accounts 
the subtotals of appropriations asked for by agencies 
in the executive branch of the Government. That 
part of the printed hearings containing each such 
agency's request for appropriations shall be preceded 
by such a schedule. 

(d) The Appropriations Committees of both 
Houses are authorized and directed to make a study 
of (1) existing permanent appropriations with a 
view to limiting the number of permanent appro- 
priations and to recommend to their respective 
Houses what permanent appropriations, if any, 
should be discontinued; and (2) the disposition of 
funds resulting from the sale of Government property 
or services by all departments and agencies in the 
executive branch of the Government with a view to 
recommending to their respective Houses a uniform 
system of control with respect to such funds. 

PRESERVATION OF COMMITTEE HEARINGS 

SEC. 141. The Librarian of the Library of Congress 
is authorized and directed to have bound 

950. 

at the end of each session of Congress 
the printed hearings of testimony taken by each 
committee of the Congress at the preceding session. 

The provisions of the foregoing sections of the Legislative Reorgan- 
ization Act became effective January 2, 1947, except Sec. 141 of the 
Act which became effective August 2, 1946. 



[502] 



960-992. 

FORMS. 



OF PUTTING QUESTIONS. 

The forms of putting ordinary questions are: 
5960. Fom or The Speaker, rising, says: 



puttin* question Ag m ag &re ^ faVQr ^ ^ quest i on m 

for vivavoce vote. . , , ^ 

say Aye." 

And after the affirmative voice is expressed: 

As many as are opposed say ""No." 

If a division is demanded, the Speaker says: 

As many as are in favor will rise and stand until 

$ 961. Form of Counted. 

putting the 

question for rote And after the count of the affirmative: 

by division. 

The ayes will be seated and the noes will stand. 

If tellers are ordered: 

5 %2. Form of ^he