[Cannon's Precedents, Volume 11]
[Index - Digest V]
[From the U.S. Government Publishing Office, www.gpo.gov]
Index-Digest V
Page Page
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Vacancies..................... 617 Verbal statement...... 626
Vacate........................ 624 Verification.......... 626
Vallandigham.................. 624 Vermont............... 626
Values........................ 624 Verree................ 626
Van Allen..................... 624 Vessels............... 626
Van Buren, M., Vice-President. 624 Vetoed bills.......... 627
Vanderberg.................... 624 Vice President........ 631
Vandever...................... 624 Views of the minority. 633
Van Horn...................... 625 Virginia.............. 633
Van Ness, J. P................ 625 Virgin Islands........ 636
Van Ness, Wm. P............... 625 Visitors.............. 636
Van Rensselaer................ 625 Visits................ 636
Van Wyck...................... 625 Viva voce voting...... 636
Vare.......................... 625 Vocational education 637
and rehabilitation.
Varnum, election case of...... 625 Volunteer soldiers.... 637
Varnum, J. B., Speaker........ 625 Voorhees.............. 637
Venable....................... 625 Voting. See also
``Division,''
``Pairs,''
Ventilation................... 625 ``Tellers,''
``Unanimous
consent,'' and
Ventilation and Acoustics, ``Yeas and nays''... 637
Committee
on.......................... 626
VACANCIES.
(1) In seats of Members.--By death.
(2) In seats of Members.--By resignation.--Methods of.
(3) In seats of Members.--By resignation.--To take effect at a future
date.
(4) In seats of Members.--By resignation.--In general.
(5) In seats of Members.--By declination.
(6) In seats of Members.--By withdrawal.
(7) In seats of Members.--By action of the House.
(8) In seats of Members.--Questions as to the existence of.
(9) In seats of Members.--State executive calls election to fill.
(10) In seats of Members.--Term of the person elected to fill.
(11) In seats of Members.--As related to qualifications.
(12) In seats of Members.--In relation to incompatible offices.
(13) In seats of Members.--As related to apportionment.
(14) In seats of Members.--Constituency impaired by intimidations.
(15) In seats of Members.--Constituency impaired by civil war.
(16) In seats of Members.--Constituency in reconstruction.
(17) In committees.
(18) In the offices of the House.
(19) In general.
(1) In seats of Members.--By Death
A Member-elect producing credentials showing his election to fill the
vacancy caused by the decease of his predecessor is sworn in at once,
although no other notice of the deceased may have been given to the
House. Volume I, section 568.
The death of the person elected creates a vacancy, although no
certificate may have been awarded. Volume I, section 323.
The person elected dying before credentials are issued, the minority
candidate may not receive the credentials. Volume I, section 323.
A contestant dying after a report in his favor, the House unseated the
returned Member and declared the seat vacant. Volume II, section 965.
A Member whose seat had been contested dying, the House did not admit a
claimant with credentials until contestant's claim was settled. Volume
I, section 326.
It was long the practice to notify the executive of the State when a
vacancy was caused by the death of a Member during a session. Volume
II, sections 1198-1202.
Since 1914 Members elected to fill vacancies occasioned by death of
predecessor are paid salary from date of election only. Volume VI,
section 202.
(2) In seats of Members.--By Resignation.--Methods of.
A Member may resign his seat by a letter transmitted to the House
alone. Volume II, sections 1181-1186.
In a few instances Members have announced their resignations to the
House verbally. Volume II, sections 1179-1180.
When a Member resigns directly to the House it is the practice to
inform the State executive of the vacancy. Volume II, sections 1187-
1192.
The resignation of a Member appears satisfactorily from his letter
directed to the governor of his State. Volume I, sections 565, 566.
A letter from a Member stating that his resignation has been forwarded
to the governor of his State is satisfactory evidence of his
resignation. Volume I, section 567.
In recent as well as early practice a Member frequently informs the
House by letter that his resignation has been sent to the State
executive, such letter being presented as a privileged question. Volume
II, sections 1167-1176.
The executive of a State may inform the House that he has received the
resignation of a Member. Volume II, sections 1193-1194.
VACANCIES--Continued.
(2) In seats of Members.--By Resignation.--Methods of--Continued.
An inquiry of the Clerk having elicited from the State executive the
fact that a Member had resigned the Speaker directed his name to be
stricken from the roll. Volume II, section 1209.
Sometimes the House learns of the resignation of a Member only by means
of the credentials of his successor. Volume II, section 1195.
An instance wherein the State executive transmitted the resignation of
a Member with the credentials of his successor. Volume II, section
1196.
In exceptional cases old Members have expressed in their letters of
resignation their feelings toward the House. Volume II, sections 1215-
1217.
The fact of a Member's resignation not appearing either from the
credentials of his successor or otherwise, the House ascertained the
vacancy from information given by other Members. Volume II, section
1208.
On unofficial information that a Member's resignation had been accepted
and a successor elected the Senate held that the Member's seat was
vacated. Volume II, section 1197.
Mr. Speaker Clay announced to the House his resignation of the
Speakership, but his resignation as a Member appears only from the
credentials of his successor. Volume II, section 1356.
A Delegate resigns his seat in a communication addressed to the
Speaker. Volume II, section 1304.
(3) In seats of Members.--By Resignation.--To Take Effect at a Future
Date.
Members have presented their resignations to take effect at a future
date, and until that time have sometimes participated in the
proceedings. Volume II, sections 1220-1225.
A Senator may resign, appointing a future day for his resignation to
take effect, and the State executive may by appointment fill the
vacancy before that date. Volume II, section 1228.
A Senator may resign, appointing a future day for the resignation to
take effect, and the State legislature may fill the vacancy before that
date. Volume II, section 1229.
(4) In seats of Members.--By Resignation.--In General.
A Member who had resigned was not permitted by the House to withdraw
his resignation. Volume II, section 1213.
The House declined to consider as privileged a resolution that a former
Member be permitted to withdraw his letter announcing his resignation
and resume his seat. Volume II, section 1213.
Only in a single exceptional case has the House taken action in the
direction of accepting the resignation of a Member. Volume II, section
1214.
Instance wherein a Member resigned his seat, sought reelection, and
appeared again to be sworn in during the same Congress. Volume II,
section 1256.
Instances wherein Members have been reelected to fill the vacancies
occasioned by their own resignations. Volume II, sections 1210-1212.
A Senator having resigned, the Senate desisted from proceedings to
declare his seat vacant or to expel him. Volume II, section 1279.
An instance of the resignation of a Member who had not taken his seat.
Volume II, section 1231.
The practice is not uniform as to whether or not a Member's letter of
resignation should appear in full in the Journal. Volume IV, sections
2868-2872.
(5) In seats of Members.--By Declination.
An instance wherein one who had been declared elected to a seat in the
House declined to accept it. Volume II, section 1234.
One who had been declared elected to a seat in the House having failed
to appear, the House directed the State executive to be notified of its
action. Volume II, section 1234.
VACANCIES--Continued.
(5) In Seats of Members.--By Declination--Continued.
Instance wherein the House decided an election contest against a
returned Member who had not appeared to claim the seat. Volume I,
section 638.
Instance wherein a Member-elect, being convicted in the courts on
indictment, did not take his seat during the Congress (footnote).
Volume IV, section 4484.
(6) In Seats of Members.--By Withdrawal.
The withdrawal of Members caused by the secession of States. Volume II,
section 1218.
Senators having withdrawn from the Senate, the Secretary was directed
to omit their names from the roll. Volume II, section 1219.
The withdrawal of a Senator to join the foes of the Government was held
to create a vacancy which a legislature could recognize, although the
Senate had not expelled him. Volume I, section 383.
(7) In Seats of Members.--By Action of the House.
A seat being declared vacant, the House directs that the executive of
the State be informed. Volume II, sections 1203-1205.
A seat being declared vacant, the House directed the Speaker to notify
the executive of the State. Volume I, section 824.
A seat being declared vacant, the Speaker was directed to inform the
executive of the State. Volume I, section 709.
The House having declared a seat vacant directs the executive of the
State to be informed. Volume I, section 502.
The seat of a Delegate being declared vacant, the Speaker was directed
to inform the governor of a Territory. Volume I, section 773.
(8) In Seats of Members.--Questions as to the Existence of.
The House declined to give prima facie effect to credentials regular in
form but relating to seats already occupied. Volume I, section 518.
The House declined to seat a person bearing credentials regular in form
until it had ascertained whether or not the seat was vacant. Volume I,
section 565.
A person appearing with credentials intended to entitle him to seat
already occupied, the House declined to seat him at once and referred
the credentials. Volume I, section 569.
Although the claimant for a seat presented unimpeachable credentials,
the House declined to seat him until it had determined that the seat
was actually vacant. Volume I, section 322.
The House unseated a person returned as elected at a second election on
ascertaining that another person had actually been chosen at the first
election. Volume I, section 646.
There being a question as to a vacancy to be filled, the Senate
examined the case before administering the oath to a bearer of regular
credentials. Volume I, section 573.
The Senate has admitted a person elected while the case of another
claimant to the seat was yet pending. Volume I, section 353.
A question relating to the existence of a vacancy in the membership of
the House was held to be of privilege. Volume III, section 2588.
A resolution notifying the governor of a State of a vacancy in the
representation of a district is presented as a question of privilege.
Volume III, section 2589.
A Member having resigned, a question as to his right to his seat was
not entertained as a question of privilege. Volume III, section 2590.
(9) In Seats of Members.--State Executive Calls Election to Fill.
The executive of a State issues writs of election to fill vacancies in
its representation in the House. Volume I, section 515.
Examination of the term ``vacancy'' as used in the Federal Constitution
to empower a State executive to issue writs for an election. Volume I,
section 518.
VACANCIES--Continued.
(9) In Seats of Members.--State Executive Calls Election to Fill--
Continued.
A Federal law empowers the States and Territories to provide by law the
times of elections to fill vacancies in the House. Volume I, section
516.
Discussion as to the functions of a governor in calling an election to
fill a vacancy in the Congressional representation. Volume I, section
312.
Discussion of power of a State executive to call an election to fill a
vacancy, although the State law did not provide for the contingency.
Volume I, section 518.
An election to fill a vacancy called by the governor in pursuance of
constitutional authority was held valid, although no State law
prescribed time, place, or manner of such election. Volume I, section
517.
Two candidates having equal numbers of votes, the governor did not
issue credentials to either, but ordered a new election after they had
waived their respective claims. Volume I, section 555.
Reference to cases in the Senate relating to the authority of State
executives to make appointments to fill vacancies in the United States
Senate (footnote). Volume I, section 790.
Senate decision as to the time when a legislature should fill a vacancy
in the United States Senate. Volume I, section 394.
(10) In Seats of Members.--Term of the Person Elected to Fill.
A Member elected to fill a vacancy serves no longer time than the
remainder of the term of the Member whose place he takes. Volume I,
section 3.
Discussion as to the length of term of a Member elected to fill a
vacancy caused by the House having declared a seat vacant. Volume II,
section 1206.
Conclusions of law as to the time of beginning of compensation of a
Member elected to fill a vacancy. Volume I, section 500.
Forms of credentials borne by persons elected to fill vacancies. Volume
I, sections 535, 536.
A Senator appointed by the State executive to fill a vacancy ceases to
serve after the final adjournment of the legislature which should elect
his successor. Volume V, section 6689.
The question as to when the term of service of a Senator appointed by a
State executive to fill a vacancy ceases. Volume I, sections 787-790.
(11) In Seats of Members.--As Related to Qualifications.
This disqualification of a Member-elect does not entitle a minority
candidate to the seat. Volume I, section 326.
The English law under which a minority candidate succeeds to a vacancy
resulting from the disqualification of the majority candidate is not
applicable under the Constitution. Volume VI, section 59.
The exclusion of a disloyal Member-elect would not allow a minority
candidate to take the seat. Volume I, section 323.
The person receiving the majority of the votes in a district being
excluded as disqualified, the House, after careful examination,
declined to seat the one receiving the next highest number. Volume I,
section 1450.
The Elections Committee, in a report sustained on the main issue, held,
as an incidental question, that the English law as to seating a
minority candidate when a vacancy is caused by disqualifications is not
applicable under the Constitution. Volume I, section 450.
A Delegate-elect being excluded for disqualification, the House
declined to seat the candidate having the next highest number of votes.
Volume I, section 473.
During the discussion of the qualifications of a Senator he presented
his resignation, but the Senate disregard it and proceeded to declare
his election void. Volume I, section 440.
(12) In Seats of Members.--In Relation to Incompatible Offices.
A Member having informed the House of his acceptance of an incompatible
office, the House has assumed or declared the seat vacant. Volume I,
sections 501, 502.
VACANCIES--Continued.
(12) In Seats of Members.--In Relation to Incompatible Offices--
Continued.
Opinion of the Judiciary Committee that when a Member-elect retains an
incompatible office and does not qualify a vacancy exists in his seat.
Volume I, section 500.
In 1898 the Judiciary Committee found that four Members by accepting
commission in the Army and being mustered into the service after taking
the oath as Representatives thereby vacated their seats. Volume I,
section 494.
In the cases of Baker and yell the Elections Committee held that the
acceptance of a commission as an officer of volunteers in the national
Army vacated the seat of a Member. Volume I, section 488.
The Elections Committee found that Thomas W. Newton, already seated on
prima facie showing, was entitled to the seat made vacant by Archibald
Yell's acceptance of an office in the Army. Volume I, section 489.
The house seated a person bearing regular credentials on ascertaining
that his predecessor in the same Congress had accepted a military
office. Volume I, section 572.
Although a Member had resigned, the House proceeded to inquire whether
or not his acceptance of an incompatible office had vacated his title
to the seat. Volume III, section 2590.
A State executive having issued credentials in due form on the
assumption that a Senator had vacated his seat by accepting an army
office, the credentials were referred and the bearer was not seated.
Volume I, section 491.
A Senator-elect who had, before qualifying, exercised the authority of
an Army officer de facto was held not to have vacated his seat. Volume
I, section 491.
A Senate discussion as to incompatible offices and as to cases wherein
the acceptance of one creates a vacancy in another. Volume I, section
563.
A resolution declaring vacant the seat of a Member who has accepted an
incompatible office may be agreed to by a majority vote. Volume I,
section 504.
Form of resolution declaring vacant the seat of a Member-elect who has
accepted an incompatible office. Volume I, sections 488, 490, 492.
(13) In Seats of Members.--As Related to Apportionment.
An election to fill a vacancy being held in a newly apportioned
district, the larger portion of which was new, both as to territory and
people, the Elections Committee considered the election invalid. Volume
I, section 327.
The New Hampshire districts being changed after Representatives to the
Thirty-first Congress were elected, an election to fill a vacancy was
called in the new district and the election was sustained. Volume I,
section 311.
The North Carolina districts being changed after Representatives to the
Forty-eighth Congress were elected, the House did not disturb the
Member chosen in a new district to fill a vacancy in an old district.
Volume I, section 312.
The House gave prima facie effect to the perfect credentials of a State
delegation, declining at that time to inquire whether or not the
election was invalidated by choice of three persons for two seats.
Volume I, section 519.
Credentials being in regular form and unimpeached, the House honors
them, although there may be a question as to the proper limits of the
constituency. Volume I, section 535, 536.
(14) In Seats of Members.--Constituency Impaired by Intimidation.
Discussion of the extent of intimidation sufficient to invalidate an
election and justify declaring the seat vacant. Volume I, section 325.
The House declared vacant a seat in a case wherein over one-half of the
total vote of a district had been rejected for intimidation. Volume I,
section 334.
The House, going outside the allegations of the parties and
ascertaining by historic knowledge disturbances causing 232 deaths,
declared an election invalid.Volume I, section 329.
Over half the vote being rejected because of undue influence, the
committee, in an inconclusive case, favored declaring the seat vacant.
Volume II, section 925.
VACANCIES--Continued.
(14) In Seats of Members.--Constituency Impaired by Intimidation--
Continued.
Although fraud and intimidation in a district had been very extensive
the House preferred seating contestants to declaring the seat vacant.
Volume II, section 970.
In a report not approved by the House, the Elections Committee
recommended that a seat be vacated because of intimidation in five-
sixths of the district. Volume I, section 324.
The House has assigned final right to a seat from a district wherein
14,346 out of 27,055 returned votes were rejected because of
intimidation. Volume I, section 332.
(15) In Seats of Members.--Constituency Impaired by Civil War.
The House declined to recognize an informal election, participated in
by a mere fraction of the voters, in a district entirely under military
domination. Volume I, section 376.
The House declined to hold valid an election participated in by a
little less than half the voters of a district divided between
contending armies.Volume I, section 374.
The House declined to hold valid an election which was entirely broken
up by contending armies, so that only fragmentary and informal returns
could be obtained. Volume I, section 373.
In time of civil war an election participated in by a small number of
loyal voters was held invalid, more than two-thirds of the district
being unable to participate. Volume I, section 369.
The House unseated a person chosen by a few votes, at an election
wholly informal, in a district almost entirely under duress of civil
war. Volume I, section 366.
An election by one-third of the voters of a district was held invalid
when the presence of an armed enemy prevented the remainder from
expressing their wishes. Volume I, section 375.
The House declined to hold valid an election informally held and,
because of civil war, participated in by only a small fraction of the
voters of the district. Volume I, section 372.
The House refused to seat a claimant chosen by a mere fraction of the
people at an election informally called and held in a district under
duress of armed enemies. Volume I, sections 363, 367, 368.
The House considered invalid an election informally held, wherein all
but a fraction of the voters were prevented by civil war from
participating. Volume I, section 371.
An instance wherein the House recognized an election legal in form but
participated in by a small fraction of the voters, the district being
disturbed by civil war. Volume I, section 364.
The House seated a loyal claimant voted for at an election called on
the legal day but by the governor of a State in secession. Volume I,
section 365.
The House seated a claimant who had received a third of the votes of a
district, the remainder being cast for candidates for a secessionist
Congress. Volume I, section 365.
The House denied prima facie title to a person enrolled by the Clerk on
credentials signed by a mere claimant to the governorship in a State
disrupted by civil war. Volume I, section 376.
The House declined to give prima facie effect to regular credentials,
having historic knowledge that the district was incapacitated by civil
war from holding a regular election. Volume I, section 364.
The House declined to seat on prima facie showing a claimant declared
elected by the governor's proclamation, the district referred to being
notoriously under duress of civil war. Volume I, section 368.
(16) In Seats of Members.--Constituency in Reconstruction.
The House declined to invalidate an election because a State
constitution had established qualifications of voters in disregard of
reconstruction legislation. Volume II, section 1134.
VACANCIES--Continued.
(17) On Committees.
In the earlier, but not in the latter practice the Speaker filled
vacancies on committees only by the special direction of the House.
Volume IV, sections 4458-4460.
The Speaker, in filling vacancies of a committee, sometimes designates
the rank of the appointee on the committee list. Volume IV, section
4489.
A rule provides that vacancies in standing committees shall be filled
by election by the House. Volume VIII, section 2178.
A motion to fill vacancies on standing committees was offered as
privileged. Volume VIII, section 2172.
In event of a permanent vacancy in the chairmanship of a committee the
House elects a successor. Volume VIII, section 2201.
In filling vacancies in chairmanships of committees the House has
usually, but not invariably, followed the rule of seniority and elected
the next ranking member of the committee. Volume VIII, section 2202.
The absence of a manager of a conference causes a vacancy, which the
Speaker fills by appointment. Volume VIII, section 3228.
Forms of resignations and of resolutions providing for election of
Members to fill vacancies on joint committees. Volume VII, section
2170.
A Senator having resigned from all committee assignments, the Senate
accepted his resignation and elected successors to the vacancies thus
created. Volume VIII, section 2200.
While the House is without power to remove members of joint committees
created by law, or to accept or reject resignations from such offices,
such resignations are properly addressed to the joint committee or to
the House having authority to fill these vacancies. Volume VII, section
2170.
The resignation of a member from a joint select committee created by
law is made either to the House or to the committee and, while the
House has no power either to accept or to refuse to accept such
resignation, it may fill the vacancy so occasioned. Volume VI, section
371.
A vacancy on a special committee created by joint resolution was filled
by a further joint resolution. Volume VI, section 552.
(18) In the Offices of the House.
A resolution declaring vacant the office of Speaker is presented as a
matter of high constitutional privilege. Volume VI, section 35.
Instance wherein the Speaker, following a vote upon an essential
question indicating a change in the party control of the House,
announced that under the circumstances it was incumbent upon the
Speaker either to resign or to recognize for a motion declaring vacant
the office of Speaker. Volume VI, section 35.
The vacancy caused by the death of the Sergeant-at-Arms was, after some
delay, filled by the House by election. Volume VI, section 32.
Charges against the Postmaster being sustained, his office was declared
vacant, and his assistant was directed to perform the duties
temporarily. Volume I, section 292.
Because of the misconduct of the incumbent the office of Doorkeeper has
been declared vacant and the duties have devolved upon the Sergeant-at-
Arms. I, sections 288, 289.
(19) In General.
The question as to the pay of a Member elected after the beginning of
the term of the Congress to fill a vacancy caused by a declination or
resignation of effect on the day the term of the Congress began. Volume
II, section 1155.
The question relating to the compensation of Ernest M. Pollard in the
Fifty-ninth Congress. Volume II, section 1155.
The office of Clerk becoming vacant, it was held that the House would
not be organized for business until a Clerk should be elected. Volume
I, section 237.
VACANCIES--Continued.
(19) In General--Continued.
The vacancy caused by the death of the Doorkeeper was, after several
days, filled by the House by election. Volume I, section 267.
VACATE.
The Journal records proceedings subsequently vacated. Volume VI,
section 635.
It is within the discretion of the Chairman as to whether he will
vacate the chair on an appeal from his decision. Volume VIII, section
3101.
Proceeding to vacate action by the House is not provided for under the
rules, and a suspension of the order of business for that purpose is by
unanimous consent only. Volume VI, section 711.
A request of the Senate that the House vacate the signature of the
Speaker to an enrolled bill was denied by the House, unanimous consent
being refused. Volume VII, section 1083.
It having been erroneously announced that a quorum had voted when the
roll later disclosed the absence of a quorum on the vote, the Speaker
declared subsequent proceedings in connection therewith vacated, and
the Journal was amended accordingly. Volume VIII, section 3161.
A witness giving contradictory testimony while under order for arrest
for refusing to answer questions propounded by a committee of inquiry,
the Senate vacated the order and referred the case to the district
attorney. Volume VI, Section 345.
The Journal and the Record record proceedings vacated under the rules.
Volume VI, section 636.
An order for the yeas and nays coming over as unfinished business from
a previous day may be vacated by unanimous consent. Volume VI, section
740.
On discovery of error in announcing the presence of a quorum on a call
of the House, a motion to dispense with further proceedings under the
call was vacated by unanimous consent and the call resumed. Volume VI,
section 713.
VALLANDIGHAM.
The Ohio election case of Vallandigham v. Campbell in the Thirty-fifth
Congress (prima facie title). Volume I, section 726.
The Ohio election case of Vallandigham v. Campbell in the Thirty-fifth
Congress (final right to seat). Volume I, section 835.
VALUES.
Bills for defining and fixing the standard of value and regulating
coinage and exchange of coin are within the jurisdiction of the
Committee on Coinage, Weights, and Measures. Volume IV, section 4095.
VAN ALLEN.
The New York election case of Van Rensselaer v. Van Allen in the Third
Congress. Volume I, section 759.
VAN BUREN, MARTIN, VICE-PRESIDENT.
Decisions on questions of order relating to--
Debate. Volume V, section 5160.
Duty of presiding officer. Volume IV, section 3320.
VANDERBURG.
The Oregon election case of Vanderburg v. Tongue in the Fifty-fifth
Congress. Volume II, section 1100.
VANDEVER.
The Iowa election case of Byington v. Vandever in the Thirty-seventh
Congress. Volume I, section 490.
The California election case of Lynch v. Vandever in the Fiftieth
Congress. Volume II, section 1012.
VAN HORN.
The Missouri election case of Birch v. Van Horn in the Fortieth
Congress. Volume II, sections 869, 870.
VAN NESS, JOHN P.
The New York election case of John P. Van Ness in the Seventh Congress.
Volume I, section 486.
VAN NESS, WILLIAM P.
The inquiry into the conduct of Judges William P. Van Ness, Matthias B.
Tallmadge, and William Stephens, in 1818. Volume III, section 2489.
VAN RENSSELAER.
The New York election case of Van Rensselaer v. Van Allen in the Third
Congress. Volume I, section 759.
VAN WYCK.
The New York election case of Van Wyck v. Green in the Forty-first
Congress. Volume II, section 875.
VARE.
The Senate election case of William B. Wilson v. William S. Vare, of
Pennsylvania, in the Seventieth Congress. Volume VI, section 180.
The Missouri election case of Shields v. Van Horn in the Forty-first
Congress. Volume II, section 883.
The Missouri election case of Van Horn v. Tarsney in the Fifty-fourth
Congress. Volume II, section 1062.
VARNUM, ELECTION CASE OF.
The Massachusetts election case of Joseph Bradley Varnum in the Fourth
Congress. Volume I, section 763.
VARNUM, JOSEPH B., of Massachusetts, Speaker.
Decisions on questions of order relating to--
Amend, motion to. Volume V, section 5049.
Appeals. Volume V, section 6953.
Call to order. Volume II, section 1295. Volume V, section 5173.
Constitutional amendments. Volume V, section 7029.
Debate. Volume V, section 5087.
Journal. Volume IV, section 2791.
Postpone, motion to. Volume V, section 5317.
Recognition. Volume V, section 5016.
Refer, motion to. Volume V, section 5054.
Reports from Committee of the Whole. Volume IV, section 4873.
Secret sessions. Volume V, section 7254.
Vetoed bills. Volume IV, section 3548.
Voting. Volume V, section 6093.
Yeas and nays. Volume V, section 6161.
VENABLE.
The Virginia election case of Langston v. Venable in the Fifty-first
Congress. Volume II, sections 1032, 1033.
VENTILATION.
The rule gives to the Committee on Ventilation and Acoustics
jurisdiction of subjects relating ``to ventilation and acoustics.''
Volume IV, section 4313.
The electrician and laborers connected with the lighting, heating, and
ventilating of the House are under direction of the Superintendent,
subject to the control of the Speaker. Volume V, section 7312.
VENTILATION AND ACOUSTICS, COMMITTEE ON.
The creation and history of the Committee on Ventilation and Acoustics.
Section 41 of Rule XI. Volume IV, section 4313.
The rule gives to the Committee on Ventilation and Acoustics
jurisdiction of subjects relating ``to ventilation and acoustics.''
Volume IV, section 4313.
Subjects relating to the Hall of the House have been considered by the
Committee on Ventilation and Acoustics. Volume IV, section 4314.
A resolution from the Committee on Ventilation and Acoustics relating
to the comfort of Members in the Hall was received as a question of
privilege. Volume III, section 2629.
VERBAL STATEMENT.
A verbal statement may not be received in the House as the report of a
committee. Volume IV, section 4654.
VERIFICATION.
The Speaker's count of a quorum is not subject to verification by
tellers. Volume IV, section 2916, Volume VI, section 647.
The Chairman's count of a quorum is not subject to verification by
tellers. Volume VIII, sections 2369, 2436.
On a demand for the yeas and nays it is not in order to request a
rising vote in the negative and the count of the Chair is not subject
to verification. Volume VIII, section 3114.
The count of the Speaker in ascertaining whether one-fifth of those
present support a demand for the yeas and nays is not subject to
verification, and a request for a rising vote of those opposed to the
demand is not in order. Volume VIII, section 3112.
While the count of the Speaker in determining whether a requisite
number of Members has sustained a demand for the yeas and nays is not
subject to verification, and a call for those opposed may not be
demanded as a matter of right, in exceptional instances requests for
tellers have been entertained. Volume VIII, section 3115.
The purpose of a recapitulation is the verification of the vote as
cast, and a Member failing to vote on the roll call may not be recorded
on recapitulation. Volume VIII, section 3070.
VERMONT.
Objection was made to the manner of appointment of one of the electors
of Vermont in 1877, but the vote was counted. Volume III, section 1980.
House election cases from:
Fourth Congress.--Lyon v. Smith. Volume I, section 761.
Sixteenth Congress.--Mallory v. Merrill. Volume I, section 774.
VERREE.
The Pennsylvania election case of Kline v. Verree in the Thirty-seventh
Congress. Volume I, section 727. Volume II, section 848.
VESSELS.
A bill granting American register to a foreign-built vessel is classed
as a private bill. Volume IV, section 3292.
The subjects of tonnage taxes and fines and penalties on vessels are
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4131.
The subject of tonnage taxes on vessels has been considered to be
within the jurisdiction of the Committee on the Merchant Marine and
Fisheries. Volume VII, section 1856.
The naming and measuring of vessels are subject within the jurisdiction
of the Committee on Merchant Marine and Fisheries. Volume IV, section
4132.
The inspection of steam vessels, as to hulls and boilers, is generally
within the jurisdiction of the Committee on Merchant Marine and
Fisheries. Volume IV, section 4133.
The general subjects of shipbuilding, admission of foreign-built ships,
registering and licensing of vessels are within the jurisdiction of the
Committee on Merchant Marine and Fisheries. Volume IV, section 4134.
VESSELS--Continued.
Bills relating to the titles, conduct, and licensing of officers of
vessels under the more recent practice have been considered by the
Committee on Merchant Marine and Fisheries. Volume IV, section 4139.
Protection from fire on vessels is a subject which, under the later
practice, has been considered by the Committee on Merchant Marine and
Fisheries. Volume IV, section 4141.
Conditions relating to the health of seamen are within the jurisdiction
of the Committee on Merchant Marine and Fisheries. Volume IV, section
4141.
The regulation of small vessels propelled by naphtha, etc., and the
transportation of inflammable substances on passenger vessels are
generally but not exclusively reported by the Committee on Merchant
Marine and Fisheries. Volume IV, section 4142.
The privileges of foreign vessels in American ports, bills of lading,
contracts in export trade, and wrecks in international waters have been
reported generally by the Committee on Interstate and Foreign Commerce.
Volume IV, section 4144.
Lights and signals on vessels are subjects that have been considered
both by the Committee on Merchant Marine and Fisheries and Interstate
and Foreign Commerce. Volume IV, section 4135.
Bills of lading, liability of shipowners, and entering and clearing of
vessels are subjects which have been within the jurisdiction of the
Committee on Interstate and Foreign Commerce. Volume IV, section 4137.
Collisions, coasting districts, marine schools, etc., are subjects of
doubtful jurisdiction between the Committee on Merchant Marine and
Fisheries and Interstate and Foreign Commerce. Volume IV, section 4146.
Bills authorizing the construction of revenue cutters and auxillary
craft of the customs service are reported by the Committee on
Interstate and Foreign Commerce. Volume IV, section 4108.
Bills of lading as evidence, bonds in admiralty cases, willful
destruction of vessels, mutiny, etc., are subjects within the
jurisdiction of the Committee on the Judiciary. Volume IV, section
4145.
Subjects relating to the creation and activities of the United States
Shipping Board including the adjustment and payment of claims arising
under its administration and the regulation of vessels under its
jurisdiction are reported by the Committee on Merchant Marine and
Fisheries. Volume VII, section 1849.
Legislation prescribing regulations and pay for laborers unlading
vessels in the Customs Service has been reported by the Committee on
Ways and Means. Volume VII, section 1735.
The Committee on the Judiciary exercises jurisdiction over legislation
regulating legal process and procedure relating to vessels in foreign
jurisdictions. Volume VII, section 1771.
The inspection of steamboats, the regulation of officering and manning
vessels, and the classification and salaries of clerks in the
Steamboat-Inspection Service are subjects within the jurisdiction of
the Committee on the Merchant Marine and Fisheries. Volume VII, section
1854.
VETOED BILLS.
(1) Return of, by the President.
(2) Consideration of.--General principles as to.
(3) Consideration of.--Reference to committees.
(4) Consideration of.--Relative to adjournment and quorum
(5) Consideration of.--Privilege of.
(6) Voting on.
(7) Messages as to action on.
(1) Return of, by the President.
A bill which the President does not approve he returns, with his
objections, to the House in which it originated. Volume IV, section
3520.
VETOED BILLS--Continued.
(1) Return of, by the President--Continued.
A vetoed bill received in the House by way of the Senate is considered
as if received directly from the President and supersedes the regular
order of business. Volume IV, section 3537. Volume VII, section 1109.
When the President was prevented by adjournment from returning a bill
with his objections it was formerly customary for him at the next
session to communicate his reason for not approving. Volume V, sections
6618-6620.
A question as to the return of a vetoed bill, Congress being in recess
beyond the limit of ten days. Volume IV, section 3496.
A veto message may not be returned to the President of the United
States. Volume IV, section 3521.
The term ``adjournment'' as used in the constitutional provision does
not refer exclusively to the final adjournment of the Congress, but
includes the adjournment of an intermediate session as well. Volume
VII, section 1115.
The phrase ``within 10 days'' in the constitutional provision fixing
the time within which bills shall be returned by the President, refers
not to legislative days but to calendar days. Volume VII, section 1115.
Accompanying documents, although referred to in a message from the
President, are not read or entered on the Journal. Volume VII, section
1108.
The ``House'' to which a bill is to be returned by the President is a
House in session with authority to receive the return and enter the
President's objections on its Journal and no return can be received
when the House is not in session. Volume VII, section 1115.
No officer or agent of either House has authority to receive returned
bills or messages from the President for delivery at the next session.
Volume VII, section 1115.
The pocket-veto case decided by the Supreme Court in 1929. Volume VII,
section 1115.
A bill passed by both Houses during an interim session and presented to
the President less than 10 days before adjournment of the session, but
neither signed by the President nor returned without his signature,
does not become a law. Volume VII, section 1115.
(2) Consideration of.--General Principles as to.
Form of motion to reconsider a bill returned by the President with
objections. Volume VII, section 1103.
A veto message from the President is read before disposition is
considered. Volume VII, section 1105.
A bill returned with the President's objections, when called up for
reconsideration, may be read by unanimous consent only. Volume VII,
section 1106.
The House to which a bill is returned with the objections of the
President enters the objections on the Journal and proceeds to
reconsider it. Volume IB, section 3520.
It is the usual but not invariable rule that a bill returned with the
objections of the President shall be read and considered at once.
Volume IV, sections 3534-3536.
The question of consideration may not be demanded against a bill
returned with the objections of the President. Volume V, sections 4969,
4970.
When a bill returned with the President's objections is called up the
question of reconsideration is considered as pending and a motion to
reconsider is not required. Volume VII, sections 1097, 1099.
The constitutional mandate that the House ``shall proceed to
reconsider'' a vetoed bill has been held not to preclude a motion to
postpone consideration to a day certain. Volume IV, sections 3542-3547.
Volume VII, section 1101.
A veto message having been read, only three motions are in order: to
lay on the table, to postpone to a day certain, or to refer, which
motions take precedence in the order named. Volume VII, section 1099.
VETOED BILLS--Continued.
(2) Consideration of.--General Principles as to--Continued.
The constitutional mandate that the House ``shall proceed to
reconsider'' a vetoed bill is complied with by laying it on the table,
referring it to a committee, postponing consideration to a day certain,
or immediately voting on reconsideration. Volume VII, section 1105.
It is not in order to move to postpone indefinitely the consideration
of a veto message of the President. Volume IV, section 3548.
A bill returned with the objections of the President may be laid on the
table. Volume IV, section 3549.
A vetoed bill, being privileged, may be taken from the table. Volume V,
section 5439.
A vetoed bill when laid on the table is still highly privileged, and
thus justifies a motion to take it from the table and action thereon by
majority vote (footnote). Volume IV, section 3550.
While the specific time at which a message shall be laid before the
House is within the Speaker's discretion, it may not be deferred to a
day subsequent except by order of the House. Volume VII, section 1104.
An exceptional instance wherein the consideration of a veto message
from the President was held to be in order on Wednesday. Volume VII,
section 912.
Reconsideration of a bill returned with the President's objections may
be postponed to a day certain by a majority vote. Volume VII, section
1112.
While bills returned with the President's objections are taken up for
consideration on the day received, the time of the day of laying the
message before the House is within the discretion of the Speaker.
Volume VII, section 1100.
A veto message received from the President supersedes the regular order
of business, but immediate consideration may be deferred, at the
discretion of the Speaker, until later on the same day. Volume VII,
section 1103.
The reading only of a veto message is mandatory on the day on which
received, and subsequent proceedings in reconsideration of the bill may
be postponed by the House to a future day. Volume VII, section 1103.
Consideration of a bill similar to one returned by the President
without approval, but conforming to objections voiced by the President
in the accompanying message, is not in order pending reconsideration of
the vetoed bill. Volume VII, section 1103.
(3) Consideration of.--Reference to Committees.
A motion to refer a vetoed bill, either with or without the message,
has been held allowable within the constitutional mandate that the
House ``shall proceed to reconsider.'' Volume IV, section 3550. Volume
VII, sections 1108, 1114.
While the ordinary motion to refer may be applied to a vetoed bill it
is not in order to move to commit it pending the demand for the
previous question or after it is order on the constitutional question
of reconsideration. Volume IV, section 3551. Volume VII, section 1102.
In the Senate also a motion to refer a vetoed bill has been held in
order. Volume IV, section 3550.
Not only have vetoed bills have referred to committees, but in practice
those committees have often neglected to report (footnote). Volume IV,
section 3550.
A committee to which was referred to a veto message from the President
made no report thereon. Volume VII, sections 1108, 1114.
Vetoed bills are sometimes referred to committees and not acted on
further (footnote). Volume IV, section 3523.
A vetoed bill having been rejected by the House the message was
referred. Volume IV, section 3552. Volume VII, section 1103.
The House having referred a vetoed bill, a new bill, identical in all
respects with the exception of a provision objected to by the
President, was introduced and passed under suspension of the rules.
Volume VII, section 1114.
VETOED BILLS--Continued.
(4) Consideration of.--Relation to Adjournment and Quorum.
A motion to adjourn was held in order, although if carried the effect
would have been to prevent for the session the consideration of a veto
message of the President. Volume IV, section 3523.
A vetoed bill not acted on before adjournment sine die because of the
failure of a quorum was acted on at the next session of the same
Congress. Volume IV, section 3522.
A veto message of the President may not be read in the absence of a
quorum, even though the House be about to adjourn sine die. Volume IV,
section 3522.
The House having adjourned after the reading of a veto message and
before voting on reconsideration, the bill came up as unfinished
business on the next legislative day. Volume VII, section 1109.
While it is the rule that a bill returned with the objections of the
President shall be read and considered at once, it may not be laid
before the House in the absence of a quorum. Volume VII, section 1094.
(5) Consideration of.--Privilege of.
A bill returned with the President's objections is privileged, but the
same is not true of a bill reported in lieu of it. Volume IV, section
3531.
A motion to discharge a committee from the consideration of a vetoed
bill presents a question of constitutional privilege and is in order at
any time. Volume IV, section 3532.
A resolution coming over from the preceding day with the previous
question ordered was held to take precedence of a motion for
disposition of a veto message from the President. Volume VIII, section
2693.
Reconsideration of a bill returned with the objections of the President
is by constitutional mandate and takes precedence of business in order
on Calendar Wednesday. Volume VII, section 1095.
A bill returned with the President's objections is privileged when
reported by the committee to which referred. Volume VII, section 1096.
Dicta relating to the privilege accorded by the Constitution to the
consideration of a measure returned with the President's veto. Volume
VI, section 48.
Motions to discharge committees from consideration of questions
privileged under the Constitution, as the right of a Member to his seat
or the right to consider a vetoed bill, frequently have been held in
order. Volume VIII, section 2316.
(6) Voting on.
If two-thirds of the House to which a bill is returned with the
President's objections agreed to pass it, and then two-thirds of the
other House, it becomes a law. Volume IV, section 3520.
The Constitution provides that the vote on reconsideration of a bill
returned with the President's objections shall be determined by yeas
and nays. Volume VII, section 1110.
The two-thirds vote required to pass a bill notwithstanding the
objections of the President is ``two-thirds of the Members present''
(footnote). Volume IV, sections 3537, 3538.
The two-thirds vote required to pass a bill notwithstanding the
objections of the President is two-thirds of the Members voting and not
two-thirds of those present. Volume VII, section 1111.
Votes by yeas and nays and veto messages of the President are required
by the Constitution to be spread on the Journal. Volume IV, section
2726.
On a vote on passing a bill returned with the objections of the
President the yeas and nays are required to be entered on the Journal.
Volume IV, section 3520.
The motion to reconsider may not be applied to the vote on
reconsideration of a bill returned with the objections of the
President. Volume V, section 5644.
A bill passed notwithstanding the objections of the President is sent
by the Presiding Officer in the House which last acts on it to the
Secretary of State for preservation. Volume IV, section 3524.
VETOED BILLS--Continued.
(6) Voting on--Continued.
Form of putting the question on the passage of a bill returned with the
objections of the President (footnote). Volume IV, section 3534.
(7) Messages as to Action on.
It is the practice for one House to inform the other by message of its
decision that a bill returned with the President's objection shall not
pass. Volume IV, sections 3539-3541.
When a bill returned without the President's approval is passed by the
two Houses, the Secretary of State receives the bill from the Presiding
Officer of the House in which it last was passed. Volume IV, section
3485.
Since the enactment of the statute the House takes no special action in
relation to transmitting to the Secretary of State bills passed over
the President's veto. Volume IV, sections 3538, 3529.
Resolutions relating to the disposition of bills passed over the veto
of the President have been treated as privileged. Volume IV, section
3530.
Before the enactment of the statute the House directed the Clerk to
take the Secretary of State its bills passed over the President's veto.
Volume IV, sections 3525-3527.
VICE-PRESIDENT.
(1) Election of.
(2) Functions at the electoral count.
(3) Charges against.--In general.
(4) Charges against.--May be impeached.
(5) Presiding Officer of the Senate.--General duties.
(6) Presiding Officer of the Senate.--Power to call to order.
(7) Presiding Officer of the Senate.--Vote of.
(8) In general.
(1) Election of.
After the electoral count of 1837 had shown no choice for Vice-
President the Senate proceeded to elect in accordance with the
constitutional requirement. Volume III, section 1941.
Provisons of the Constitution for the choice of a President and Vice-
President by the electors, for the electoral count, and for elections
in House and Senate in default of a choice by the electors. Volume III,
section 1913.
The statutes designate the time for the choice of electors of President
and Vice-President and the time for their meeting to give in their
votes. Volume III, section 1914. Volume VI, section 438.
Precedents of the House and Senate in relation to notifying the
President-elect and Vice-President-elect of their elections. Volume
III, section 2000.
The rule gives to the Committee on Election of President, Vice-
President, and Representatives in Congress Jurisdiction of the subjects
relating to the election of officials enumerated in the designation.
Volume IV, section 4299.
Legislative propositions pertaining to the nomination of the President,
Vice-President, and Representatives in Congress are within the
jurisdiction of the Committee on Election of President, Vice-President,
and Representatives in Congress. Volume VII, section 2025.
(2) Functions at the Electoral Count.
Certificates of the votes of the electors in the several States for
President and Vice-President are transmitted to the President of the
Senate, who may in case of delay send for them. Volume III, section
1917.
In 1881 the Senate determined that its President had no authority to
decide on the reception or rejection of electoral votes. Volume III,
section 1957.
At the electoral count of 1873 the Vice-President, in accordance with
the previous practice, not only announced the state of the vote but
declared those elected. Volume III, section 1952.
VICE-PRESIDENT--Continued.
(2) Functions at the Electoral Count--Continued.
Instance wherein the Vice-President, who was also the President-elect,
presided at the electoral count. Volume III, section 1930.
In a case where the Vice-President was also the Vice-President-elect
the Senate announced the election of a President pro tempore for the
sole purpose of opening the certificates and counting the votes, but it
does not appear certain that he acted. Volume III, section 1929.
The Vice-President-elect, as Speaker of the House, participated in the
ceremonies. Volume VI, section 446.
Mr. Speaker Colfax presided with the President pro tempore at the
electoral count of 1869, although he was ascertained by that count to
be the Vice-President-elect. Volume III, section 1950.
The Speaker of the House, being the Vice-President-elect, called a
Member to the chair during discussion of a question relating to the
electoral count. Volume II, section 1365.
Under the former joint rule for counting the electoral vote the Vice-
President held that objection to the vote of a State, even for a
constitutional reason, should be made at the time the vote was opened
and counted. Volume III, section 1952.
When, during the electoral count of 1873, the two Houses separated to
consider objections, the Vice-President, who had custody of the
documents, left with the House duplicates of the electoral
certificates. Volume III, section 1951.
Senators who had been candidates for the office of Vice President in
the election did not attend the joint session for the count of the
electoral vote. Volume VI, section 445.
(3) Charges Against.--In General.
The inquiry as to the conduct of Schuyler Colfax, Vice-President of the
United States. Volume III, section 2510.
Vice-President Calhoun asked the House, as the grand inquest of the
nation, to investigate certain charges made against his conduct as
Secretary of War, and the House granted the request. Volume III,
section 1736.
The Vice-President was represented by a Member of the House before a
committee of the House which was investigating charges against him.
Volume III, section 1736.
(4) Charges Against.--May be Impeached.
Treason, bribery, or other high crimes and misdemeanors require removal
of President, Vice-President, or other civil officers on conviction by
impeachment. Volume III, section 2001.
The Senate declined to investigate charges against the Vice-President,
it being urged that he was subject to impeachment proceedings only.
Volume II, section 1242.
(5) Presiding Officer of the Senate.--General Duties.
Enrolled bills are signed first by the Speaker, then by the President
of the Senate. Volume IV, section 3429.
By concurrent resolution the two Houses empowered the Vice-President
and Speaker to sign subpoenas during a recess of Congress. Volume III,
section 1763.
Discussion and ruling in the Senate as to decisions of questions of
order by the Presiding Officer. Volume II, section 1340.
Discussion of the duty of a Presiding Officer in relation to the
presentation of communications. Volume IV, section 3320.
In the Senate the process of designating a President pro tempore for
the day's sitting has been the subject of much discussion. Volume II,
sections 1414-1416.
The Vice President was authorized to name a Senator to preside in the
absence of the President pro tempore. Volume VI, section 522.
In the absence of the Vice President during the election of a President
pro tempore of the Senate, a President pro tempore was designated to
preside. Volume VI, section 281.
VICE-PRESIDENT--Continued.
(5) Presiding Officer of the Senate.--General Duties--Continued.
Under a rule of the Senate subpoenas or other writs are signed by the
Presiding Officer, whether the Vice President or President pro tempore,
during session of the Senate sitting in trial of impeachment or in
vacation. Volume VI, section 485.
Nature of the office of President pro tempore of the Senate and its
relation to the Vice-President. Volume II, section 1417.
One of the first messages from the Senate was transmitted by letter
from the Vice-President. Volume V, section 6257.
A spectator in the Senate gallery having addressed remarks to the
floor, the Vice President directed the Doorkeeper to remove him. Volume
VI, section 260.
Instance in which the Vice President signed a bill passed and signed by
the Speaker at the preceding session. Volume VII, section 1076.
Discussion of the rule for limiting debate in the Senate. Volume VIII,
section 2671.
A question of order being raised against the presence of unauthorized
persons on the floor of the Senate, the Vice President directed the
Sergeant at Arms to remove all persons not entitled to the privileges
of the floor. Volume VIII, section 3639.
Ruling by the Vice President on tenure of office of Senators holding
temporary appointment in the Senate. Volume VI, section 145.
(6) Presiding Officer of the Senate.--Power to Call to Order.
References to discussion of the power of the Vice-President to call to
order (footnote). Volume II, section 1345.
Reference to discussions of the powers of the Vice-President as
Presiding Officer of the Senate and as to calling to order. Volume II,
section 1340.
(7) Presiding Officer of the Senate.--Vote of.
The Vice-President votes on all questions wherein the Senate is equally
divided, even on a question relating to the right of a Senator to his
seat. Volume V, sections 5976, 5977.
Instances wherein the Vice-President cast a deciding vote on questions
relating to the organization of the Senate. Volume V, section 5975.
The right of the Vice-President to give a casting vote extends to cases
arising in the election of officers of the Senate. Volume V, sections
5972-5974.
The Senate has declined to make a rule relating to the vote of the
Vice-President. Volume V, section 5974.
(8) In general.
Ceremonies in memory of deceased Vice-Presidents. Volume VIII, section
3585.
The President and Vice President of the United States and their
secretaries have the privilege of the floor. Volume VIII, section 3634.
VIEWS OF THE MINORITY.
(1) General practice as to.
(2) Evolution of the practice as to.
(1) General Practice as to.
The minority of a committee may not make a report or present a
proposition of legislation, but in later years the rules have given to
them the right to file views to accompany the report. Volume IV,
sections 4601-4605.
Minority views accompany reports of committees as a matter of right,
but unless filed simultaneously with the report, may be presented only
by consent of the House. Volume VIII, section 2231.
Unless filed with the report, minority views may be presented only by
the consent of the House. Volume IV, section 4600.
A resolution or bill accompanying minority views has no standing
thereby, but must be offered by a Member on the floor. Volume IV,
section 4606.
VIEWS OF THE MINORITY--Continued.
(1) General Practices as to--Continued.
Views of the minority may not include transcripts of testimony or other
matters not strictly in the nature of argument. Volume IV, section
4607.
Views of the minority may properly include excerpts and citations
quoted in the nature of argument and as sustaining the minority
contention. Volume VIII, section 2228.
A minority of a committee, as a question of privilege, having charged
the committee with neglect of duty, it was held that the minority, not
being competent to make a report, might not thus present a question of
privilege. Volume IV, section 4619.
It is not in order for the minority to present to the House the records
of a committee to show that the committee is disregarding its duty.
Volume IV, section 4619.
The majority of a committee do not always sign the report, but the
minority views are subscribed by those submitting them. Volume IV,
section 4671.
While committee reports are ordinarily submitted without signature and
minority views require signature by those subscribing thereto, there
have been exceptional instances in which the former were signed and the
latter submitted without signature. Volume VIII, section 2229.
Members of a committee sometimes submit individual views in addition to
the regular minority views. Volume IV, section 4671.
Minority views may accompany the report of a subcommittee made to the
committee. Volume III, section 1801. Volume VI, section 376.
Instance wherein the committee rejected the majority report of its
subcommittee and adopted the minority views. Volume VI, section 188.
Members of a Congressional commission, who were not members of the
House or Senate, exercised the privilege of filing minority views when
the report was made. Volume IV, section 4703.
The report of a joint commission constituted by law, with minority
views thereon, was received and, with a bill recommended by the
commission, was referred to the Union Calendar. Volume VIII, section
2317.
A committee having been given the right by special order to report from
the floor, members of the committee are entitled to the same privilege
in presenting minority views. Volume VIII, section 2227.
A Member representing a privileged report and Members submitting
minority views are entitled to recognition to read in full the report
or views respectively although no question may be pending. Volume VI,
section 379.
Members of a committee of conference may not file supplemental reports
nor submit minority views. Volume VIII, section 3302.
Minority views, although agreeing with the majority report in the
findings of fact, held that the evidence warranted further proceedings
toward impeachment. Volume VI, section 529.
Conflicting views of the majority and minority of the Judiciary
Committee, in 1921, as to offenses justifying impeachment. Volume VI,
section 535.
Discussion of the nature of impeachable offenses in minority views
submitted in the Daugherty case. Volume VI, section 456.
Under the practice of the House ample time is allowed for filing
minority views in contested election cases. Volume VI, section 138.
Instance wherein minority views, holding a Senator elected by corrupt
practices and therefore not entitled to his seat, were sustained by the
Senate. Volume VI, section 109.
(2) Evolution of the Practice as to.
Evolution in House and Senate of the practice of filing minority views
with reports of committees. Volume IV, sections 4601-4605.
Minority views were not permitted previous to 1822, but the present
practice began to develop soon after that date. Volume IV, sections
4608-4618.
VIEWS OF THE MINORITY--Continued.
(2) Evolution of the Practice as to--Continued.
Instance in 1832 wherein a minority dissent was voiced in the report of
the majority and not in separate ``views.'' Volume I, section 783.
The report of the Select Committee on the Bank of the United States
submitted to the House in 1832 was accompanied by minority views and
individual views. Volume IV, section 4474.
Minority views were filed in 1834 by members of the committee appointed
to investigate the affairs of the Bank of the United States. Volume
III, section 1732.
Discussion in the Senate on the presentation of minority views. Volume
IV, sections 4617, 4618.
VIRGINIA.
House election cases from:
Third Congress.--Trigg v. Preston. Volume I, section 760.
Fourth Congress.--Basset v. Clopton. Volume I, section 762.
Eighth Congress.--Moore v. Lewis. Volume I, section 765.
Twelfth Congress.--Taliaferro v. Hungerford. Volume I, section 767.
Thirteenth Congress.--Basset v. Bayley. Volume I, section 769.
Thirteenth Congress.--Taliaferro v. Hungerford. Volume I, section 768.
Fourteenth Congress.--Porterfield v. McCoy. Volume I, sections 770,
771.
Twenty-first Congress.--Loyall v. Newton. Volume I, section 780.
Twenty-second Congress.--Draper v. Johnson. Volume I, sections 781-783.
Twenty-seventh Congress.--Smith v. Banks. Volume I, section 805.
Twenty-eighth Congress.--Botts v. Jones. Volume I, sections 809-811.
Twenty-eighth Congress.--Goggin v. Gilmer. Volume I, section 807.
Thirty-seventh Congress.--Samuel F. Beach. Volume I, section 367.
Thirty-seventh Congress.--Beach v. Upton. Volume I, section 686.
Thirty-seventh Congress.--Christopher L. Grafflin. Volume I, section
371.
Thirty-seventh Congress.--Joseph Segar. Volume I, sections 363, 364.
Thirty-seventh Congress.--Lewis McKenzie. Volume I, section 372.
Thirty-seventh Congress.--Charles H. Upton. Volume I, section 366.
Thirty-seventh Congress.--Wing. v. McCloud. Volume I, section 368.
Thirty-eighth Congress.--Chandler and Segar. Volume I, section 375.
Thirty-eighth Congress.--McKenzie v. Kitchin. Volume I, section 374.
Forty-first Congress.--Joseph Segar. Volume I, section 318.
Forty-first Congress.--Tucker v. Booker. Volume I, section 461.
Forty-first Congress.--Whittlesey v. McKenzie. Volume I, section 462.
Forty-second Congress.--McKenzie v. Braxton. Volume I, sections 639,
640.
Forty-third Congress.--Thomas v. Davis. Volume II, section 898.
Forty-fourth Congress.--Platt v. Goode. Volume II, sections 921-923.
Forty-seventh Congress.--Bayley v. Barbour. Volume I, section 435.
Forty-seventh Congress.--Stovall v. Cabell. Volume I, section 681.
Forty-eighth Congress.--Garrison v. Mayo. Volume I, section 537.
Forty-eighth Congress.--Massey v. Wise. Volume II, section 993.
Forty-eighth Congress.--O'Ferrall v. Paul. Volume II, section 985.
Fifty-first Congress.--Bowen v. Buchanan. Volume II, sections 1027,
1028.
Fifty-first Congress.--Langston v. Venable. Volume II, sections 1032,
1033.
Fifty-first Congress.--Waddell, jr., v. Wise. Volume II, section 1026.
Fifty-third Congress.--Goode v. Epes. Volume II, sections 1057, 1058.
Fifty-fourth Congress.--Cornet v. Swanson. Volume II, section 1071.
Fifty-fourth Congress.--Hoge v. Otey. Volume I, section 724.
Fifty-fourth Congress.--McDonald v. Jones. Volume I, section 436.
Fifty-fourth Congress.--Thorp v. McKenney. Volume II, section 1072.
Fifty-fourth Congress.--Yost v. Tucker. Volume II, sections 1077-1080.
VIRGINIA--Continued.
House election cases from--Continued.
Fifty-fifth Congress.--Brown v. Swanson. Volume II, sections 1108,
1109.
Fifty-fifth Congress.--Thorp v. Epes. Volume II, section 1098, 1099.
Fifty-fifth Congress.--Wise v. Young. Volume II, section 1102, 1103.
Fifty-sixth Congress.--Walker v. Rhea. Volume II, section 1118.
Fifty-sixth Congress.--Wise v. Young. Volume II, section 1111.
Fifty-seventh Congress.--Walker v. Rhea. Volume I, section 737.
Fifty-seventh Congress.--Wilson v. Lassiter. Volume II, section 1127.
Sixty-first Congress.--Parsons v. Saunders. Volume VI, section 53.
Sixty-seventh Congress.--Paul v. Harrison. Volume VI, section 158.
Senate election cases from:
Thirty-seventh Congress.--Willey and Carlile. Volume I, section 383.
Thirty-eighth Congress.--Segar and Underwood. Volume I, section 384.
VIRGIN ISLANDS.
The Committee on Insular Affairs exercises a general jurisdiction of
subjects relating to the Virgin Islands, with exception of matters of
revenue and appropriations. Volume VIII, section 1950.
VISITORS.
The statutes require the Speaker to appoint certain visitors and
trustees of public institutions. Volume II, section 1355.
Visitors to academies, regents, directors, and trustees of public
institutions appointed by the Speaker under the law are not regarded as
officers within the meaning of the constitutional inhibition. Volume I,
section 493.
The Speaker is forbidden to recognize for motions to suspend the rule
prohibiting the introduction of persons in the galleries. Volume VI,
section 197.
Members may not introduce occupants of the galleries during a session
of the House. Volume VI, section 197.
An occasion of the introduction of distinguished visitors informally to
the House. Volume VIII, section 3158.
VISITS.
Ceremonies attending a visit of the House to the Senate. Volume V,
section 7045.
When the House attends in the Senate the Sergeant-at-Arms does not bear
the mace. Volume V, section 7045.
VIVA VOCE VOTING.
(1) In the election of Speaker.
(2) In the election of other officers of the House.
(3) In other elections by the House.
(4) In elections of Representatives in Congress.
(1) In the Election of Speaker.
The rule excepts the Speaker from the officers required to be chosen
viva voce. Volume I, section 187.
The Speaker, who was at first chosen by ballot, has been chosen by viva
voce vote since 1839. Volume I, section 187.
Although always at liberty to choose its manner of electing a Speaker,
the House has declined in later years to substitute balloting for viva
voce choice. Volume I, sections 204-208.
Procedure for electing the Speaker by viva voce vote. Volume I, section
211.
(2) In the Election of Other Officers of the House.
A rule which, however, is not in force at the time of organization,
provides that all the elective officers except the Speaker shall be
chosen by viva voce vote. Volume I, section 187.
The adoption and object of the rule for viva voce election. Volume V,
section 6005.
VIVA VOCE VOTING--Continued.
(2) In the Election of Other Officers of the House--Continued.
It being proposed to elect an officer of the House an amendment
prescribing via voce election is in order. Volume V, sections 6004,
6005.
On a vote for the election of an officer a Member may change his vote
at any time before the announcement of the result. Volume V, section
5934.
A resolution declaring certain persons elected officers of the House is
at variance with the standing rule of the House. Volume I, section 193.
An election by resolution is not a compliance with the rule requiring
election of officers viva voce. Volume I, sections 191, 192.
The election of officers by resolution is subject to objection, but is
often permitted by unanimous consent. Volume I, sections 194-196.
By unanimous consent, in 1867, the House elected its Clerk by
resolution. Volume I, section 241.
(3) In Other Elections by the House.
In 1877 in accordance with a provision of law the House elected by viva
voca vote five members of the electoral commission. Volume IV, section
4464.
The House chose the location of the World's Columbian Exposition by a
viva voce vote. Volume V, section 5978.
In the Pickering impeachment the House decided that the managers should
not be appointed by the Speaker or by viva voce vote, but by ballot.
Volume III, section 2323.
(4) In Elections of Representatives in Congress.
A vote being given viva voce at an election for Congressmen, the voter
may not afterwards change it or vote for additional officers. Volume I,
section 781.
When the law requires a vote by ballot an election viva voce is not
permissible and is a reason for rejection of the returns. Volume I,
section 773.
Although the State constitution required that every vote be given viva
voce, the Elections Committee, in a report which failed, evidently for
other reasons to be sustained, decided that the votes of certain mutes
might be counted. Volume I, section 54.
Where elections were viva voce the Elections Committee required
contestant to prove the want of residence of such persons as he claimed
voted illegally. Volume II, section 880.
VOCATIONAL EDUCATION AND REHABILITATION.
The Committee on Education retains jurisdiction over legislative
prepositions relating to the vocational education and rehabilitation of
persons not discharged from the military or naval forces. Volume VII,
section 1976.
Jurisdiction over legislative propositions relating to the vocational
rehabilitation of disabled persons discharged from the military or
naval forces was exercised by the Committee on Education until
transferred to the Committee on World War Veterans' Legislation, in
1924. Volume VII, section 1975.
VOLUNTEER SOLDIERS.
Managers of the National Home for Disabled Volunteer Soldiers are
elected by joint resolution of Congress. Volume V, section 7336.
VOORHEES.
The Indiana election case of Washburn v. Voorhees in the Thirty-ninth
Congress. Volume II, sections 857, 858.
VOTING. See also ``Division,'' ``Pairs,'' ``Tellers,'' ``Unanimous
Consent'' and ``Yeas and Nays.''
(1) Manner of Putting the Question.
(2) The tie.--The question lost.
(3) The tie.--Speaker's duty as to.
(4) Reading of papers before.
VOTING--Continued.
(5) General conditions of.
(6) Duty of the Member as to.--Requriement of the rule.
(7) Duty of the Member as to.--Refusal to vote.
(8) Duty of the Member as to.--In relation to the oath and
organization.
(9) Duty of the Member as to.--Excuses.
(10) Duty of the Member as to.--Disqualifying personal interest.--The
rule.
(11) Duty of the Member as to.--GDisqualifying personal interest.--
Interpretation of the rule.
(12) Duty of the Member as to.--GDisqualifying personal interest.--As
to authority to prevent the vote.
(13) Duty of the Member as to.--Members under arrest or in contempt.
(14) Duty of the Member as to.--Pairs.
(15) Delegates to not vote.
(16) The Speaker's vote.
(17) The Vice-President's vote.
(18) Journal entries of.
(19) In committees.
(20) In relation to the electoral count.
(21) In the election of a President by the House.
(22) In general.
(1) Manner of.--Putting the Question.
Rule as to form in which the Speaker shall put the question and method
of determining the result. Volume II, section 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
upon. Volume VI, section 247.
The rules prescribe the form in which the Speaker shall put the
question. Volume V, section 5927.
Form of putting the question on the passage of a bill returned with the
objections of the President (footnote). Volume IV, section 3534.
The old and the present form of putting the previous question. Volume
V, section 5443.
The question is put first on the affirmative and then on the negative
side. Volume V, section 5925.
A motion for a recess must when entertained be vot4ed on, even though
the taking of the vote may have been prevented until after the hour
specified for the conclusion of the proposed recess. Volume V, section
6667.
Debate may continue, the previous question not having been ordered,
until the Speaker has put the negative side of the question. Volume V,
section 5925.
(2) The Tie.--The Question Lost.
The voice of a majority decides on a vote, but if the House be equally
divided the motion falls. Volume V, sections 5926, 5964.
(3) The Tie.--Speaker's Duty as to.
The Speaker is not required to vote unless his vote would be decisive.
Volume VIII, section 3075.
The duty of the Speaker to give a casting vote may be exercised after
the intervention of other business when a correction of the roll call
reveals a tie not before ascertained. Volume V, sections 6061-6063.
Recapitulation of a vote by which a bill had been passed by a majority
of one having shown the actual vote to be a tie, the Speaker cast the
deciding vote. Volume VIII, section 3075.
VOTING--Continued.
(3) The Tie.--Speaker's Duty as to--Continued.
In case of error whereof the correction leaves decisive effect to the
Speaker's vote he may exercise his right even though the result has
been announced. Volume V, section 5970.
The Speaker having cast his vote in case of an apparent tie assorted
his right to withdraw it when the roll seemed to show that there was in
fact no tie vote, but later caused it to be recorded to change the
result. Volume V, section 5971.
The Chair may note to make a tie and so decide the question in the
negative as he may vote to break a tie and decide a question in the
affirmative. Volume VIII, section 3100.
When to vote on an appeal has resulted in a tie the Chair has sometimes
given a casting vote in favor of his own decision. Volume V, section
6956.
Instance wherein on a tie vote on an appeal the Speaker voted in the
affirmative. Volume V, section 5686.
Instance wherein the Chair gave a casting vote in case of a tie on an
appeal from his decision. Volume V, section 5239.
When on an appeal from the decision of the Chair the vote would be a
tie after the Chair should have voted to sustain his own decision an
interesting question would be presented. Volume V, section 6957.
On an appeal from a decision of the chairman in a committee the Chair
voted to sustain his ruling, thereby producing a tie, and so the
decision was sustained. Volume IV, section 4569.
(4) Reading of Papers Before.
Under the parliamentary law every Member has the right to have a paper
once read before he is called to vote on it. Volume V, section 5258.
Under the later decisions it is held that the right of a Member to have
read a paper on which the House is to vote may not be abrogated by a
suspension of the rules. Volume VIII, section 3400.
The right of a Member to demand the reading of a paper on which he is
called to vote is recognized in the rules of the House. Volume V,
section 5257.
When a paper on which the House is to vote has been read once the
reading may not be required again unless the House shall order it read.
Volume V, section 5260.
On a motion to refer to report the reading of it may be demanded as a
matter of right by a Member, but the latest ruling leaves to the House
to decide whether or not an accompanying record of testimony shall be
read. Volume V, sections 5261, 5262.
The reading of papers other than the one on which the vote is taken is
usually permitted under the parliamentary law without question, but if
objection is made the Speaker must take the sense of the House. Volume
V, section 5258.
When a Member objects to the reading of a paper other than one on which
the House is to give a final vote the question as to the reading is
determined by vote without debate. Volume V, section 5257.
(5) General Conditions of.
A bill or resolution must be considered and voted on by itself. Volume
IV, section 3408.
Members may not remain near the Clerk's desk during a vote. Volume II,
section 1136.
A negative vote on a motion to disagree was held equivalent to an
affirmative vote to agree. Volume V, section 6167.
(6) Duty of the Member as to.--Requirement of the Rule.
Every Member shall be present and vote unless he has a direct personal
or pecuniary interest in the question. Volume V, section 5941.
Form and history of Rule VIII, section 1, relating to attendance and
voting of Members. Volume V, section 5941.
VOTING--Continued.
(7) Duty of the Member as to--Refusal to Vote.
The Speaker has no power to compel a Member to vote. Volume V, section
5942.
In 1822 Mr. John Quincy Adams refused to vote on the resolution
censuring Mr. Stanberry, of Ohio. Volume II, section 1248.
A Member declined to vote in 1832 and the House found itself powerless
to compel a vote in this as in later instances. Volume V, sections
5943-5945.
A Member having declined to vote in 1836, the House finally abandoned
its attempt to compel him. Volume V, section 5946.
A Member having declined to vote and a question arising, the Speaker
held that the pending vote should be completed and announced, leaving
the incidental question until after the announcement. Volume V,
sections 5947, 5948.
A Member having declined to vote on a call of the years and nays, the
Speaker held that the resulting question of order might be acted on at
the conclusion of the call of the roll. Volume V, section 5946.
An instance wherein a Senator refused to vote (footnote). Volume V,
section 5945.
(8) Duty of the Member as to.--In Relation to the Oath and
Organization.
The names of Members who have not been sworn are not entered on the
roll from which the years and nays are called for entry on the Journal.
Volume V, section 6048.
Members who have not taken the oath of office are entitled to vote.
Volume VIII, section 3122.
On a question raised while the oath is being administered to Members
the right to vote is not confined to those already sworn in. Volume I,
section 142.
A Member-elect, enrolled by the Clerk on his regular credentials, did
not vote until his disqualifications had been removed and he had been
permitted by the House to take the oath. Volume I, section 456.
A new Speaker being elected at the beginning of a second session of
Congress, Members-elect present and unsworn participated in the
election. Volume I, section 224.
Instance wherein at the organization of the House the oath was
administered to a Member-elect during the call of the roll on a motion
to agree to the rules. Volume I, section 173.
In 1833 the House decided that a person bearing defective credentials
should not be called on the roll call until after the election of
Speaker and other officers. Volume I, section 53.
(9) Duty of the Member as to.--Excuses.
Sometimes the House has excused Members from voting on questions in
which they had a personal interest (footnote). Volume V, section 5950.
A Member who had been assaulted was excused from voting on questions
relating to the punishment of his assailant. Volume V, section 5962.
The Speakers, during the period when the rules made in order a motion
to excuse a Member from voting, held the motion dilatory when applied
to votes on adjourning or for a call of the House, since it might be
used to prevent adjourning or the procuring of a quorum. Volume V,
sections 5709-5712.
On a motion for a call of the House a motion to excuse a Member from
voting was held not in order, although the rule at the time permitted
the motion generally. Volume IV, section 3007.
The request of a Member to be excused from voting or his refusal to
vote may be recorded in the Journal, but his reasons therefor or even
the fact that he offered reasons may not be recorded. Volume IV,
sections 2821-2824.
The motion to excuse a Member from voting was a prolific source of
obstruction when privileged. Volume IV, sections 2900, 2903.
(10) Duty of the Member as to.--Disqualifying Personal Interest.--The
Rule.
Every Member shall be present and vote unless have a direct personal or
pecuniary interest in the question. Volume V, section 5941.
VOTING--Continued.
(10) Duty of the Members as to.--Disqualifying Personal Interest. The
Rule--Continued.
The rule of parliamentary law as to the conduct of a Member when his
private interests are concerned in a question. Volume V, section 5949.
The old parliamentary law as to withdrawal of a Member when business
concerning himself is debated or decided. Volume II, section 1237.
(11) Duty of the Member as to.--Disqualifying Personal Interest.--
Interpretation of the Rule.
The rule prohibiting Members from voting on questions affecting their
direct personal or pecuniary interest was held not to apply to votes on
propositions increasing the salaries of Members elect. Volume VIII,
section 3073.
Where the subject-matter before the House affects a class rather than
individuals the personal interest of Members who belong to the class is
not such as to disqualify them from voting. Volume V, section 5952.
Volume VIII, sections 3071, 3072.
A bill affecting a particular corporation being before the House, the
Speaker held that a Member directly interested in that corporation as a
shareholder had no right to vote. Volume V, section 5955.
Members who were stockholders in the Bank of the United States were
excused from voting on a question relating to that institution. Volume
V, section 5954.
In the proceedings relating to the New Jersey Members in 1939 each
contestant did not generally vote on his own case, but voted on the
identical cases of his associates. Volume V, section 5957.
The same question affecting the right of four Members to their seats,
each voted on the cases of his associates, but not on his own. Volume
V, section 5958.
On a motion to discharge a committee from consideration of a resolution
affecting the seats of several Members the Chair held that the Members
concerned might vote. Volume V, section 5960.
It was held in 1840 that the sitting Members from New Jersey might vote
on incidental questions arising during the consideration of their
titles to their seats. Volume V, section 5953.
A Member against whom a resolution of censure was pending cast a
decisive vote on an incidental question, but on the main question did
not vote, except once in the negative on the motion to lay the
resolution of the table. Volume V, section 5961.
On a resolution in the Senate censuring two Senators the names of both
were called, but neither voted. Volume II, section 1665.
A Member who had preferred charges against Judge Boatner declined, as a
member of the Judiciary Committee, to vote on his case. Volume III,
section 2518.
A member of a State legislature having cast for himself a decisive vote
for United States Senator, the Senate declined to hold the election
illegal. Volume V, section 5963.
Instance wherein a Member submitted his resignation from a committee on
grounds of disqualifying personal interest. Volume VIII, section 3074.
(12) Duty of the Member as to.--Disqualifying Personal Interest.--As
to Authority to Prevent the Vote.
The Speaker has usually held that the Member himself should determine
whether or not his personal interest in a pending matter should cause
him to withhold his vote. Volume V, sections 5950, 5951.
A point of order being made that a Member was disqualified for voting
by a personal interest, the Speaker held that the Chair might not
deprive a Member of his constitutional right to represent his
constituency. Volume V, section 5956.
The question as to whether a Member's personal interest is such as to
disqualify him from voting is a question for the Member himself to
decide and the Speaker will not rule against the constitutional right
of a Member to represent his constituency. Volume VIII, section 3071.
VOTING--Continued.
(12) Duty of the Member as to.--Disqualifying Personal Interest.--As to
Authority to Prevent the Vote.--Continued.
Instances wherein the Speakers decided as to whether or not Members
should vote in cases of personal interest. Volume V, sections 5955,
5958, 5960.
The power of the House to deprive one of its Members of the right to
vote on any question is doubtful. Volume V, section 5952, volume VIII,
section 3072.
A Senator having voted on a question affecting directly his title to
his seat, the Senate ordered that the vote be not received in
determining the question. Volume V, section 5959.
(13) Duty of the Member as to.--Members Under Arrest or in Contempt.
The Speaker declined to assume the authority to deprive Members present
in custody of the Sergeant-at-Arms of the right to vote. Volume V,
section 5937.
Members present in custody of the Sergeant-at-Arms for absence were
permitted to vote on a motion to excuse another Member for a similar
offense. Volume V, sections 5937-5940.
Two Senators having been declared in contempt a question was raised as
to the right to suspend their functions as Senators, including their
right to vote, but was not decided. Volume II, section 1665.
The President pro tempore of the Senate declined to take the
responsibility of directing the Secretary to omit from the call of the
yeas and nays the names of two Senators who had been declared in
contempt. Volume II, section 1665.
(14) Duty of the Member as to.--Pairs.
Pairs which are announced but once during the legislative day are
announced after the completion of a roll call and are published in the
Congressional Record. Volume V, section 5981.
The Speaker is forbidden to entertain a request for the announcement of
a pair at a time other than that in which such announcements are in
order. Volume V, section 6046.
Growth of the practice of pairing in the House. Volume V, section 5981.
Pairs are not announced in Committee of the Whole. Volume V, section
5984.
A suggestion being made that a pair had been disregarded, the Speaker
held that this was not a question for the House. Volume V, sections
5982, 5983.
The record of a yea-and-nay vote may not be impeached by showing that
Members voted who were recorded as paired. Volume V, section 6095.
(15) Delegates Do Not Vote.
Each Territory sends to the House a Delegate having the right of
debating but not of voting. Volume II, section 1290.
A Delegate may make a point of order but may not vote. Volume VI,
section 240.
Determination by a committee that a Delegate as a member of the
committee has the right to debate but not to vote. Volume VI, section
243.
In the earlier practice Delegates appear to have voted in committees,
but such is not the later rule. Volume II, sections 1300, 1301.
(16) The Speaker's Vote.
The rule as to the Speaker's vote. Volume V, section 5964.
The Speaker's name is not on the voting roll and is not ordinarily
called. Volume V, section 5970.
The Speaker's vote is recorded at the end of the roll, or after it.
Volume V, section 5965.
The Chair may be counted on a vote by tellers. Volume V, sections 5996,
5997.
On a vote by tellers the Chair may be counted without passing between
the tellers. Volume VIII, sections 3100, 3101.
The Speaker has voted when a correction on the day after the roll call
has created a condition wherein his vote would be decisive. Volume V,
section 5969.
Under the early rule and practice the Speaker did not record his vote
in cases where it would not be decisive except by permission of the
House. Volume V, section 5968.
VOTING--Continued.
(16) The Speaker's Vote--Continued.
Mr. Speaker Macon, following the example of Mr. Speaker Trumbull,
exercised his constitutional right to vote although the rule forbade.
Volume V, sections 5966, 5967.
The Speaker's vote is properly recorded at the end of the roll call.
Volume VIII, section 3075.
(17) The Vice-Prisident's Vote.
The Vice-President votes on all questions wherein the Senate is equally
divided, even on a question relating to the right of a Senator to his
seat. Volume V, sections 5976, 5977.
The right of the Vice-President to give a casting vote extends to cases
arising in the election of officers of the Senate. Volume V, sections
5972-5974.
Instance wherein the Vice-President cast a deciding vote on questions
relating to the organization of the Senate. Volume V, section 5975.
The Senate has declined to make a rule relating to the vote of the
Vice-President. Volume V, section 5974.
(18) Journal Entries of.
The Journal should record every vote and state in general terms the
subject of it. Volume IV, section 2804.
The Journal records the result of a vote in figures only when the yeas
and nays are taken. Volume IV, section 2827.
The Journal does not record the names of Members not voting. Volume VI,
section 637.
Where a vote is recorded by yeas and nays the nature of the question on
which they are taken should be clearly stated in the Journal, even
though thereby the summary of an exceptionable petition be printed.
Volume IV, section 2826.
In early and rare instances the names of absent Members have been by
consent of the House recorded in the Journal among the yeas and nays.
Volume IV, section 2825.
The refusal of the yeas and nays by the House is not recorded in the
Journal. Volume IV, section 2828.
In the earlier practice, when a series of ballots were taken, the
Journal recorded only the bare result of the decisive ballot. Volume I,
section 232.
A Speaker being elected by ballot the Journal should show not only the
fact but the state of the ballot or ballots. Volume IV, section 2832.
Instance wherein the Journal recorded the names of the tellers on a
vote by ballot. Volume III, section 2368.
The House amends the Journal where a vote is recorded erroneously, even
though the result be changed thereby. Volume IV, sections 2761-2765.
It is improper for a Member to have published in the Record the
individual votes of Members on a question of which the yeas and nays
have not been entered on the Journal. Volume V, section 6982.
(19) In Committees.
The yeas and nays are taken in committees. Volume IV, section 4572.
In a committee a majority vote, a quorum being present, is sufficient
to authorize a report, even although later, by action of absentees,
those signing minority views outnumber those who voted for the report.
Volume IV, section 4585.
A joint committee vote per capita and not as representatives of the two
Houses. Volume IV, section 4425.
In the early days the House insisted on the larger portion of the
membership of a joint committee and that the quorum and votes should be
on a per capita basis. Volume IV, section 4431.
Discussion as to use of proxies at meetings of political executive
committees. Volume II, section 1117.
Recognition of voting proxies by standing committees is a matter to be
respectively determined by each committee for itself, but proxies may
not be counted to make a quorum. Volume VIII, section 2219.
VOTING--Continued.
(20) In relation to the Electoral Count.
In the joint meeting for the court of the electoral vote note debate is
allowed and no question is put by the Presiding Officer except to
either House on a motion to withdraw. Volume III, section 1921.
In 1877, in accordance with a provision of law, the House elected by
viva voce vote five members of the electoral commission. Volume IV,
section 4464.
(21) In the Election of a President by the House.
In choosing a President by the House of Representatives the vote is
taken by States, each State having one vote. Volume III, section 1981.
Rules adopted in 1801 for the election of a President of the United
States by the House of Representatives. Volume III, section 1982.
The rules adopted by the House to govern the voting for the President
of the United States when the election was thrown into the House by the
failure of the electoral college to make a choice in 1825. Volume III,
section 1984.
(22) In General.
The House chose the location of the World's Colombian Exposition by a
viva voce vote. Volume V, section 5978.
Where a vote was taken by States a question standing 5 to 3 with 3
States divided was held to be carried. Volume V, section 5980.
The rules do not provide for announcement of how colleagues would vote
if present, and such procedure is by unanimous consent only. Volume VI,
section 200.
There is not provision in the rules authorizing Members to vote by
proxy. Volume VII, section 1014.
The integrity of the Speaker in counting a vote has never been
questioned in the House. Volume VIII, section 3115.
Explanation of caucus procedure requiring two-thirds vote to bind
Members and exempting constitutional questions, matters of conscience,
and pledges to constituents. Volume VIII, section 3605.