[Cannon's Precedents, Volume 9]
[Index - Digest A]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CANNON'S PRECEDENTS
of the
HOUSE OF REPREESENTATIVES
of the
UNITED STATES
INCLUDING REFERENCES TO PROVISIONS
OF THE CONSTITUTION, THE LAWS, AND DECISIONS
OF THE UNITED STATES SENATE
By
CLARENCE CANNON, A.M., LL.B., LL.D.
------
published by authority of the act of congress
approved march 1, 1921
------
united states
government printing office
washington : 1941
VOLUME IX
PRECEDENTS OF THE HOUSE OF REPRESENTATIVES
INDEX--DIGEST
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INDEX--DIGEST
A
Page Page
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Abatement of election Agents................ 48
contests. See
``Elections of Agree, motion to...... 49
Representatives.''
Abbott........................ 4 Agreements............ 51
Absence....................... 4 Agricultural 51
appropriation bills.
Academies..................... 10 Agricultural colleges. 52
Accountability................ 10 Agricultural 53
Department.
Accountants................... 10 Agricultural products. 53
Accounts...................... 10 Agriculture, Committee 53
on.
Accusation in impeachment..... 14 Aid or comfort........ 55
Accused....................... 14 Aiken................. 55
Acklen........................ 21 Alabama............... 55
Acoustics..................... 22 Alaska................ 55
Acquisition................... 22 Alcoholic Liquor
Traffic, Committee
Acquittal in an impeachment 22 on.................. 56
trial.
Action........................ 22 Alderson.............. 56
Acts.......................... 23 Aldrich............... 56
Adair, J. A. M., Chairman..... 23 Alexander, J. W.,
Speaker pro tempore
Adams, election cases of...... 23 and Chairman........ 57
Adams, G. M., Clerk........... 23 Alien ownership....... 57
Adams, J. Q., Chairman........ 23 Alien property........ 57
Addicks....................... 23 Aliens................ 57
Addresses..................... 23 ``All the people''.... 57
Adhere........................ 24 Allen, E. P., Chairman 57
Adjourn, motion to............ 26 Allen, election cases 57
of.
Adjournment................... 31 Allen, J. C., Clerk... 58
Adjudication.................. 43 Allowances............ 58
Administration of oaths....... 44 Almshouse............. 58
Administrators................ 44 Ambassadors........... 58
Admiral of Navy............... 44 Amendments. See also
``Substitute
Admissibility................. 44 amendments''........ 58
Admission..................... 44 Amendments between the
Houses. See
Admission of States........... 45 also ``Conferences'' 110
Adrian, G. B., Speaker pro 45 American citizens..... 119
tempore.
Adulteration.................. 45 American National Red 119
Cross.
Adverse reports............... 45 American registry..... 119
Advertising................... 46 Americanization....... 119
Advisement.................... 46 Ames, A............... 119
Ady........................... 46 Ames, O............... 120
Aeronautics................... 46 Anderson.............. 120
Affidavits.................... 46 Anderson, S., Chairman 120
Affirmation................... 48 Andrews............... 120
Affirmative................... 48 Animal industry....... 120
Age as a qualification........ 48 Animals............... 120
Page Page
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Anniversaries................. 120 Arms.................. 221
Announcement.................. 120 Armstrong............. 221
Annuity....................... 121 Army.................. 221
Annul......................... 122 Army, General of...... 223
Anonymous communications...... 122 Army post............. 223
Ansorge....................... 122 Arnell................ 223
Anthem, national.............. 122 Arnold................ 223
Anthony, H. B., Presiding 122 Arraignment........... 223
Officer.
Apology....................... 122 Arrangements.......... 226
Appeals....................... 122 Arrest................ 226
Appearance of respondent in Arsenals.............. 233
impeach-
ments....................... 126 Art................... 233
Appendix of Record............ 130 Arthur, C. A., Vice- 234
President.
Appointments.................. 130 Assassination......... 234
Apportionment................. 131 Assaults.............. 234
Appropriations................ 134 Assay offices......... 236
Approval...................... 215 Assemblies............ 236
Arbitration................... 219 Assent................ 236
Arboretum..................... 219 Assignment of rooms... 237
Archbald, R. W................ 219 Atherton.............. 237
Archer........................ 219 Atkinson.............. 237
Architect of the Capitol...... 220 At large.............. 237
Architect, supervising........ 220 Attaches.............. 237
Arid public lands............. 220 Attachment............ 237
Arkansas...................... 220 Attendance............ 237
Arkansas Hot Springs.......... 220 Attest................ 238
Armament...................... 220 Attorney General...... 238
Armed forces.................. 220 Auditing.............. 238
Armies........................ 221 Authorization. See
``Appropriations.''.
Armories...................... 221 Awards................ 239
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ABATEMENT OF ELECTION CONTESTS. See ``Elections of Representatives.''
ABBOTT.
The Massachusetts election case of Abbott v. Frost in the Forty-fourth
Congress. Volume II, sections 916-918.
The Senate election case of Joseph C. Abbott in the Forty-eighth
Congress. Volume I, section 463.
The Texas election case of Kearby v. Abbott in the Fifty-fourth
Congress. Volume II, section 1076.
ABSENCE.
(1) Power to compel attendance of Members.
(2) Arrest of Members for.
(3) Arraignment of Members on succeeding day.
(4) Payment of fines and fees by Members.
(5) Excuses of Members and leaves of absence during call.
(6) Pairing of absent Members.
(7) Revoking leaves of absence during call.
(8) Dispensing with call and interruption of.
(9) House grants leave of to Members.
ABSENCE--Continued.
(10) On duty of House.
(11) Deductions of Member's salaries for.
(12) Of the speaker.
(13) Of the Vice President or Presiding Officer of the Senate.
(14) Of the Clerk.
(15) Of the Sergeant at Arms.
(16) Of chairmen of committees.
(17) Of Members as related to duties.
(18) Of managers of an impeachment.
(19) Of managers of conference.
(20) In general.
(1) Power to Compel Attendance of Members.
A smaller number than a quorum may adjourn from day to day and compel
the attendance of absent Members. Volume IV, section 2980.
The constitutional power of the House to compel the attendance of
absent Members is not confined to cases wherein there is a lack of a
quorum. Volume IV, sections 2985-2987.
It is always in order, the failure of a quorum being shown, to proceed
to secure the attendance of absent Members. Volume IV, section 2988.
The lack of a quorum being disclosed, in the absence of any motion the
Speaker will issue warrants to bring in absent Members. Volume VI,
section 680.
In the absence of a quorum, fifteen members, including the Speaker, if
there be one, are authorized to compel the attendance of absent
Members. Volume IV, section 2982.
There may be a call of the House with a Speaker pro tempore in the
chair. Volume IV, section 2989.
A call of the House is in order, both under the general parliamentary
law and the Constitution. Volume IV, section 2981.
Reference to proceedings in the Senate to compel attendance of
absentees (footnote). Volume IV, section 2980.
(2) Arrest of Members for.
The process of arresting absent Members under the new rule for a call
of the House. Volume IV, section 3041.
The process of arresting absent Members under a call of the House.
Volume VI, section 690.
Under the new rule for a call of the House a resolution of the House is
not required to empower the Sergeant-at-Arms to bring in absentees.
Volume IV, section 3049.
Under the old rule for a call of the House an order of arrest for
absent Members may be made after a single calling of the roll. Volume
IV, sections 3015, 3016.
A proposition to arrest Members absent without leave is in order during
proceedings to secure a quorum. Volume VI, section 685.
Form of resolution for directing the Sergeant-at-Arms to arrest absent
Members (footnote). Volume IV, section 3018.
Form of resolution for the arrest of Members absent without leave.
Volume VI, sections 684, 686.
Form of warrant for the arrest of absent Members under the old rule for
a call of the House (footnote). Volume IV, section 2982.
Form of warrant issued under the new rule for a call of the House
(footnote). Volume IV, section 3041.
Discussion of the authority of the Speaker to issue a warrant for the
arrest of absent Members during a call of the House. Volume IV, section
3043.
A proposition to arrest Members who absent themselves after answering
on a call of the House is in order during continuance of the call.
Volume IV, section 3018.
A Member who appears and answers during a call of the House is not
subject to arrest for absence. Volume IV, section 3019.
ABSENCE--Continued.
(2) Arrest of Members for.--Continued.
A motion directing the Speaker to issue his warrant for the arrest of
absent Members being pending, a motion to dispense with further
proceedings under the call was ruled out. Volume IV, section 3036.
A Member under arrest for absence may not, when called on for an
excuse, question the authority of the House. Volume IV, section 3023.
A Member having escaped from arrest during a call of the House, it was
held that he might not be brought back on the same warrant. Volume IV,
section 3022.
A Member complaining that he had been wrongfully arrested during a call
of the House, the House ordered the Sergeant-at-Arms to investigate and
amend the return of his writ. Volume IV, section 3021.
As to the propriety of calling the roll a second time during a call of
the House to ascertain who have absented themselves since the first
call. Volume IV, section 3012.
(3) Arraignment of Members on Succeeding Day.
A quorum appearing on a call, the House sometimes orders absent Members
to be arraigned on the succeeding day. Volume IV, sections 3030, 3031.
Less than a quorum may not order the arraignment of absent Members at a
future meeting of the House. Volume IV, sections 3032-3035.
During a call, but after the appearance of a quorum, penalties were
once imposed which contemplated the future appearance of absent Members
at the bar. Volume IV, section 3024.
Under proceedings of a call of the House, and sometimes by less than a
quorum, the House has made an order of arrest which continued beyond
that day's session. Volume IV, sections 3025-3029.
(4) Payment of Fines and Fees by Members.
Those present on a call of the House may prescribe a fine as the
condition on which an arrested Member may be discharged. Volume IV,
sections 3013, 3014.
Instance wherein Members in custody on a call of the House were
discharged on payment of fees. Volume IV, section 3025.
The House once established a fine for absence (footnote). Volume IV,
section 3011.
(5) Excuses of Members and Leaves of Absence During Call.
After the roll has been called for excuses and the House has ordered
the arrest of those who are excused, a motion to excuse an absentee is
in order when he is brought to the bar. Volume IV, section 3012.
While less than a quorum may excuse a Member from attendance at the
time, they may not grant a leave of absence. Volume IV, section 3002.
While the names of absentees are being called for excuses on a call of
the House, neither a motion to excuse nor an incidental appeal is
debatable. Volume IV, section 2999.
(6) Pairing of Absent Members.
Following a long-established custom the pair clerks, unless otherwise
instructed, ordinarily pair all Members absent and not voting. Volume
VIII, sections 3086, 3092.
General pairs may be arranged for Members desiring to be recorded as
absent without leave, and it is customary for the pair clerks to
arrange such pairs without specific authorization from Members. Volume
VIII, section 3085.
Members favoring the same side of the question having been paired
without their authorization under the practice of pairing all Members
known to be absent, permission was asked and secured for a correction
of the Record in accordance with the facts. Volume VIII, section 3087.
It frequently happens that on account of the large majority vote on the
pending question the pair clerks are unable to secure regular pairs and
are formed to pair Members favoring the same side of the question. For
this reason some Members instruct the clerks not to pair them during
their absence without explicit instructions. Volume VIII, section 3092.
ABSENCE--Continued.
(7) Revoking Leaves of Absence During Call.
A resolution revoking leaves of absence, being a proceeding to compel
the attendance of absent Members, does not require a quorum for its
adoption. Volume IV, sections 3003, 3004.
A resolution revoking leaves of absence, directing absentees to attend,
and dispensing with proceedings under an existing call, was held to
have precedence of a simple motion to dispense with the call. Volume
IV, section 3006.
A resolution revoking leaves of absence and directing the Sergeant-at-
Arms to telegraph for absent Members is in order pending a call of the
House, although a quorum may have been disclosed. Volume IV, section
3005.
(8) Dispensing With Call and Interruption of.
The motion to dispense with proceedings under a call is in order,
although Members under arrest may not have had opportunity to make
excuses. Volume IV, section 3039.
A motion to dispense with proceedings under a call of the House is not
in order pending a motion that the Sergeant-at-Arms take into custody
absent Members. Volume IV, section 3029.
A motion to dispense with proceedings under the call, having been once
entertained, was ruled not to be in order again pending a motion for
the arrest of absent Members. Volume IV, section 3037.
A conference report may be presented during a call of the House if a
quorum be present. Volume V, section 6456.
(9) House Grants Leave of to Members.
Application for leave of absence is properly presented by filing with
the clerk the printed form to be secured at the desk rather than by
oral request from the floor. Volume VI, section 199.
It is not in order to request leave of absence for colleagues from the
floor. Volume VI, section 200.
By usage of the House requests for leaves of absence and reports of the
Committee on Enrolled Bills may be presented pending the announcement
of the vote that the House adjourn. Volume IV, section 3151.
Under a former rule a request for a leave of absence has been
entertained as a privileged question. Volume II, sections 1146, 1147.
Requests for leaves of absence are sometimes opposed and even refused.
Volume II, sections 1143-1145.
Instance wherein leave of absence was granted by motion made and
carried. Volume II, section 1142.
The Journal announces the return of a Member to whom leave of absence
for the remainder of the session has been granted. Volume IV, section
2867.
(10) On Duty of House.
The fact that a Member was absent on the service of the House does not
justify the Speaker in submitting a request that his name be recorded
after the yea and nay call is finished. Volume V, section 6073.
Leave for a committee to sit during sessions of the House does not
release its Members from liability to arrest during a call of the
House. Volume IV, section 3020.
(11) Deductions of Member's Salaries for.
The pay of a Member may be deducted on account of absence. Volume II,
section 1153.
The statutes provide for deductions by the Sergeant-at-Arms from the
pay of a Member or Delegate who is absent from his seat without a
sufficient excuse. Volume II, section 1150.
ABSENCE--Continued.
(11) Deductions of Member's Salaries for--Continued.
The statutes provide that a Member or Delegate withdrawing from his
seat before the adjournment of a Congress shall suffer deductions from
his compensation. Volume II, section 1149.
Instance wherein deductions were made from the salaries of Members
because of absence (footnote). Volume IV, section 3011.
The House has by resolution directed the enforcement of the statute
providing for deductions by the Sergeant-at-Arms from the pay of
Members and Delegates absenting themselves without leave. Volume IV,
section 30.
The House has by resolution revoked all leaves of absence and directed
the Sergeant-at-Arms to deduct from the salary of members compensation
for days absent without leave. Volume VI, section 198.
A quorum not being present, a resolution directing the enforcement of
the statute relating to deductions from the pay of Members is not in
order as a measure to compel the attendance of absentees. Volume IV,
section 3011.
It was held in 1894 that the act of the Sergeant-at-Arms in pursuance
of the law for deductions of Members' salaries for absence might not be
reviewed on the floor as a question of privilege. Volume III, section
2690.
Instance wherein appropriations were made for salaries of Members
withheld during absence in military service. Volume VI, section 61.
(12) Of the Speaker.
In the absence of the Speaker the Clerk calls the House to order.
Volume II, sections 1386-1389. Volume V, section 272.
In the absence of the Speaker, the House, unless it adjourn, elects a
Speaker pro tempore for the day or part of the day. Volume II, sections
1386-1389.
For an absence extending over a number of days it was considered
expedient to elect a Speaker pro tempore. Volume VI, section 275.
For an absence extending beyond the legislative day and not caused by
illness, the Speaker may designate a Speaker pro tempore only with the
consent of the House. Volume II, section 1381.
A Speaker about to be absent sometimes obtains the consent of the House
to name a Speaker pro tempore. Volume II, sections 1390-1393.
The Speaker, about to be absent, asked the approval of the House of his
designation of a Speaker pro tempore. Volume VI, sections 266, 277.
In the earlier years of the House the absence of the Speaker caused
adjournment and the postponement of the orders of the day. Volume I,
section 179.
An instance wherein the Clerk did not call the House to order in the
absence of the Speaker. Volume II, section 1411.
The Speaker being absent at adjournment sine die, the House transmitted
to him a resolution of sympathy. Volume VIII, section 3513.
(13) Of the Vice President or Presiding Officer of the Senate.
In the absence of the Vice President during the election of a President
pro tempore of the Senate, a President pro tempore was designated to
preside. Volume VI, section 281.
The Vice President was authorized to name a Senator to preside in the
absence of the President pro tempore. Volume VI, section 522.
(14) Of the Clerk.
The Clerk desiring to be away, the House gave him leave of absence.
Volume I, sections 246, 247.
In case of temporary absence or disability the Clerk designates a Clerk
pro tempore. Volume VI, section 25.
In the temporary absence of the Clerk the House has chosen a Clerk pro
tempore. Volume I, section 248.
ABSENCE--Continued.
(15) Of the Sergeant at Arms.
In the absence of the Sergeant at Arms, the duties of his office are
discharged by sworn deputies, and the Speaker issues directions as if
he were present in person. Volume VI, section 679.
(16) Of Chairmen of Committees.
In the temporary absence of the chairman the member next in rank in the
order named in the election of the committee serves as acting chairman.
Volume VIII, section 2201.
Where not otherwise provided, committees meet at the call of the
chairman, and in his absence or inability to serve, at the call of the
ranking member acting under his authorization. Volume VIII, section
2214.
In the temporary absence of the chairman the member next in rank acts
as chairman without special authorization from the committee. Volume
VIII, section 2204.
Lack of authority to convene a committee in the absence of the chairman
having prevented the consideration of legislation, a resolution
directing the committee to meet at a designated time was held to
involve a question of the privilege of the House. Volume VI, section
577.
A committee scheduled to meet on stated days, when convened on such
days with a quorum present, may proceed to the transaction of business
regardless of the absence of the chairman. Volume VIII, section 2213.
Where a committee has a fixed date of meeting, a quorum of the
committee may convene on such date without call of the chairman and
transact business regardless of his absence. Volume VIII, section 2214.
(17) Of Members as Related to Duties.
A Member who was absent when a vote was taken may not move to
reconsider. (Speaker overruled.) Volume V, section 5619.
In the early days of the House was often particular that an absent
Member should not be appointed or retained on a committee. Volume IV,
sections 4485-4487.
The absence of a manager of a conference causes a vacancy, which the
Speaker fills by appointment. Volume V, section 6372.
(18) Of Managers of an Impeachment.
The inability of a manager to attend a session of an impeachment trial
is announced by his associates. Volume III, sections 2035, 2036.
No question was made on an occasion during the Swayne trial when less
than a quorum of the managers were in attendance. Volume III, sections
2035, 2036.
(19) Of Managers of Conference.
The absence of a manager of a conference causes a vacancy, which the
Speaker fills by appointment. Volume VIII, section 3228.
(20) In General.
Bills relating to leaves of absence of officers and clerks of the
Government have been considered by the several committees on
expenditures. Volume IV, section 4319.
By authority of the House the oath may be administered to a Member away
from the House and by another than the Speaker. Volume VI, section 14.
Where the oath has been administered away from the House and by another
than the Speaker, the House has by resolution received and accepted the
oath. Volume VI, section 14.
Forms of resolutions authorizing and accepting oaths administered away
from the House. Volume VI, section 14.
An exceptional instance wherein the Senate authorized the
administration of the oath to a Senator elect by deputy and outside the
Senate Chamber. Volume VI, section 19.
Statements in the Record that a member charged with absenteeism was
thereby ``defrauding the Government'' were held to present a question
of privilege. Volume VI, section 602.
ABSENCE--Continued.
(20) In General--Continued.
In the absence of a Member against whom resolutions of expulsion were
offered, consideration of the resolution was postponed with notice that
the Sergeant-at-Arms would be asked to deliver to the Member or his
secretary a copy of the resolution with notice of its pending
considerations. Volume VI, section 236.
ACADEMIES.
Relations of the House and its Members to the Military and Naval
academies. Volume V, section 7345.
An amendment prohibiting counting of service as cadets at the Naval or
Military Academies in computing service records of Army and Naval
officers, thereby reducing longevity pay of such officers, was held to
reduce the compensation of persons paid out of the Treasury of the
United States and to come within the rule. Volume VII, section 1516.
ACCOUNTABILITY.
The accountability of the officers of the House is within the
jurisdiction of the Committee on Accounts. Volume IV, section 4329.
The rule gives to the several committees on expenditures jurisdiction
of the pay of officers, abolition of useless offices, and the economy
and accountability of officers. Volume IV, section 4315.
ACCOUNTANTS.
A committee of the House empowered and instructed to make an
investigation was by resolution of the House authorized to employ
counsel and accountants. Volume VI, section 394.
ACCOUNTS.
(1) Committee on.--History of.
(2) Committee on.--Privilege of.
(3) Committee on.--Jurisdiction of.
(4) Committee on.--Consideration of resolutions from.
(5) Committee on.--Temporary.
(6) Duties of officers of House as to.
(7) Jurisdiction of various committees as to.
(1) Committee on.--History of.
The creation and history of the Committee on Accounts, section 54 of
Rule XI. Volume IV, section 4328.
Recent history of the Committee on Accounts, section 36 of Rule XI.
Volume VIII, section 2051.
(2) Committee on.--Privilege of.
The Committees on Rules, Elections, Ways and Means, Rivers and Harbors,
Public Lands, Territories, Enrolled Bills, Invalid Pensions, Printing
and Accounts may report at any time on certain matters. Volume IV,
section 4621.
The Committees on Rules, Elections, Ways and Means, Appropriations,
Rivers and Harbors, Public Lands, Territories, Enrolled Bills, Invalid
Pensions, Printing, and Accounts may report at any time on certain
matters. Volume VIII, section 2251.
The privilege of the Committee on Accounts is confined to resolutions
making expenditures from the contingent fund. Volume IV, sections 4640-
4643.
The privilege of the Committee on Accounts to expenditures from the
contingent fund. Volume VIII, sections 2251, 2299.
A resolution from the Committee on Accounts providing for payment from
the contingent fund is privileged, although the House on the merits may
decline to approve the expenditure. Volume IV, section 4644.
ACCOUNTS--Continued.
(2) Committee on.--Privilege of--Continued.
A resolution providing for the employment of a designated individual at
a stated salary to be paid out of the contingent fund was held to be
privileged when reported by the Committee on Accounts. Volume VIII,
section 2303.
A resolution providing additional compensation for employees of the
House to be paid from the contingent fund, when reported by the
Committee on Accounts, was held to come within the privilege given that
committee to report at any time. Volume VIII, section 2305.
In exercising the right to report at any time the Committee on Accounts
may not include matters extraneous to its jurisdiction. Volume VIII,
section 2301.
A resolution from the Committee on Accounts to authorize an
appropriation for extra compensation to an employee is not privileged.
Volume IV, section 4645.
A resolution from the Committee on Accounts, relating to management of
the House restaurant, was not received as a matter of privilege. Volume
VIII, section 2636.
(3) Committee on.--Jurisdiction of.
The rule gives to the Committee on Accounts jurisdiction of subjects
touching the expenditure of the contingent fund of the House, the
auditing and settling of all accounts that may be charged therein by
order of the House. Volume IV, section 4328.
The statutes provide that payments shall be made from the contingent
fund only when sanctioned by the Committee on Accounts. Volume VII,
section 2055.
Expenditures from the contingent fund, although payment on certificate
of chairman of Disbursing Committee is authorized by resolution, are
nevertheless subject to approval of the Committee on Accounts. Volume
VII, section 2056.
Authority of the Committee on Accounts and the accounting officers of
the Treasury over the expenditure of the contingent fund of the House.
Volume V, section 7236.
A resolution enlarging the powers and increasing the duties of a
standing committee through the employment of a clerk to be paid from
the contingent fund was held not to be within the privilege given the
Committee on Accounts to report at any time. Volume VIII, section 2304.
Propositions limiting or enlarging the powers and discretion of
officers of the House in the discharge of administrative duties are not
within the jurisdiction of the Committee on Accounts and nullify the
privilege of resolutions reported by that committee even though
associated with expenditures from the contingent fund. Volume VIII,
section 2301.
Directions to the Postmaster of the House specifying the number of mail
deliveries was held to destroy the privilege of a resolution reported
by the Committee on Accounts. Volume VIII, section 2299.
Legislative propositions relating to subjects within the jurisdiction
of other committees are not privileged when reported by the Committee
on Accounts because involving disbursements from the contingent fund.
Volume VIII, section 2300.
A resolution fixing salaries of House employees was held not privileged
when reported by the Committee on Accounts. Volume VIII, section 2302.
The fact that a resolution reported by the Committee on Accounts
authorizes an expenditure from the contingent fund does not necessarily
render it privileged. Volume VIII, section 2300.
The Committee on Accounts has, on occasion, been designated as the
committee through which the recommendations of the majority party
should be presented in the House. Volume VII, section 2058.
The accountability of the officers of the House is within the
jurisdiction of the Committee on Accounts. Volume IV, section 4329.
Resolutions pertaining to the service of the House are reported by the
Committee on Accounts. Volume VII, section 2053.
ACCOUNTS--Continued.
(3) Committee on.--Jurisdiction of--Continued.
Propositions relating to the convenience of Members of the House, as
the installation of elevators, were held to belong to the jurisdiction
of the Committee on Accounts, and privileged for report at any time in
connection with disbursements from the contingent fund. Volume VIII,
section 2301.
Subjects relating to the House restaurant and kitchen, formerly within
the jurisdiction of the Committee on Public Buildings and Grounds, have
been transferred by the House to the jurisdiction of the Committee on
Accounts. Volume VII, section 2054.
The employment of persons in the service of the House having been
authorized, resolutions designating individuals to fill such positions
are not necessarily reported by the Committee on Accounts. Volume VII,
section 2057.
The Committee on Accounts reserves the right to limit the franking
privilege on telegrams and declines to authorize the franking of
cablegrams. Volume VI, section 220.
Duty of the Committee on Accounts to examine as to observance of the
rule forbidding officers and employees of the House from being
interested in claims. Volume V, section 7227.
The House having passed a resolution from the Committee on Accounts
authorizing the employment of a person, a provision for the salary is
in order on an appropriations bill. Volume IV, section 3656.
The Committee on Accounts are to inquire into the enforcement of the
statutes relating to employees of the House, and are empowered to send
for persons and papers. Volume V, section 7233.
Authorization to appoint a clerk is a subject within the jurisdiction
of the Committee on Accounts and not the Committee on Rules, and its
inclusion by the latter committee in a resolution providing for an
order of business renders the resolution ineligible for report under
the rule giving that committee the right to report at any time. Volume
VIII, section 2256.
An annual clerkship of a committee is authorized by a resolution
reported by the Committee on Accounts and agreed to by the House.
Volume IV, section 4534.
The Committee on Accounts recommends to the House resolutions
authorizing and assigning clerks to committees. Volume IV, sections
4331, 4332.
Session clerks are assigned to committees by resolution reported from
the Committee on Accounts and agreed to by the House. Volume IV,
section 4535.
Bills providing clerks for Members and Senators were reported by the
Committee on Accounts. Volume IV, section 4334.
The office of reporter of debates is created by resolution reported
from the Committee on Accounts and agreed to by the House. Volume V,
sections 6960, 6961.
Resolutions authorizing the employment of persons by the House are
reported by the Committee on Accounts. Volume IV, section 4333.
The assignment of committee and other rooms in the House wing, custody
of documents, etc., have been considered by the Committee on Accounts.
Volume IV, section 4330.
A bill for the payment or adjudication of any private claims against
the Government must be referred to one of these committees--Claims, War
Claims, Private Land Claims, Pensions, Invalid Pensions, Accounts.
Volume IV, section 4380.
A bill for the payment or adjudication of any private claim against the
Government must be referred to one of these committees: Invalid
Pensions, Pensions, Claims, War Claims, Public Lands, Accounts. Volume
VII, section 2129.
Directions to the Clerk of the House to classify books and documents in
the House library and dispose of any surplus in conjunction with the
chairman of the Committee on the Disposition of Useless Executive
Papers and the Librarian of Congress was held to be a subject not
within the jurisdiction of the Committee on Accounts. Volume VIII,
section 2301.
ACCOUNTS--Continued.
(3) Committee on.--Jurisdiction of--Continued.
The jurisdiction of the Committee on Accounts does not extend to the
contingent fund of the Senate and a resolution providing for joint
payment from the contingent funds of the two Houses was held not to be
privileged for report at any time. Volume VIII, section 2306.
(4) Committee on.--Consideration of Resolutions From.
Resolutions from the Committee on Accounts authorizing expenditures
from the contingent funds do not, according to the later rulings,
require consideration in Committee of the Whole. Volume IV, sections
4862-4867.
Resolutions from the Committee on Accounts authorizing expenditures
from the contingent fund do not require consideration in Committee of
the Whole. Volume VIII, section 2415.
Appropriations from the contingent fund reported by the Committee on
Accounts are not subject to the point of order that the jurisdiction to
report appropriations rests exclusively in the Committee on
Appropriations. Volume VII, section 2052.
Private bills and joint resolutions, and amendments thereto, carrying
appropriations within the limits of the jurisdiction of the Committees
on Invalid Pensions, Pensions, Claims, War Claims, Public Lands, and
Accounts, do not fall within the rule forbidding consideration of items
proposing appropriations in connection with bills reported by
nonappropriating committees. Volume VII, section 2134.
(5) Committee on.--Temporary.
The statutes provide for a temporary committee on accounts, to be
appointed by the Speaker to serve through the recess following the
expiration of a Congress. Volume IV, section 4335.
A temporary Committee on Accounts, authorized by law, performs the
functions of the committee during the time between the expiration of
one Congress and the organization of the next. Volume IV, section 4328.
As to the allowances for clerk hire to the chairman of the temporary
Committee on Accounts. Volume V, section 7237.
The chairman of the temporary Committee on Accounts is authorized to
appoint and dismiss clerks or other employees of his committee. Volume
VIII, section 2207.
(6) Duties of Officers of House as to.
The Clerk keeps account of disbursement of the contingent funds and the
stationery accounts of Members. Volume I, section 251.
At the commencement and close of each session of Congress the
Doorkeeper is required to make and submit to the House for examination
by the Committee on Accounts an inventory of furniture, books, etc.
Volume I, section 261.
The Postmaster accounts for the Government property in his possession.
Volume I, section 271.
(7) Jurisdiction of Various Committees as to.
Claims of States against the United States and the adjustment of
accounts between the States and the United States have been considered
by the Judiciary Committee. Volume IV, section 4080.
The Committee on Claims has shared in jurisdiction over public bills
for adjusting accounts between the United States and the several States
and Territories. Volume IV, section 4267.
The examination of the accounts of the Departments proper, application
of public moneys, enforcement of payment of money due the Government,
and economy and retrenchment generally are within the jurisdiction of
the several committees on expenditures. Volume IV, section 4315.
ACCOUNTS--Continued.
(7) Jurisdiction of Various Committees as to--Continued.
The examination of the accounts of the departments, independent
establishments, and commission of the Government, proper application of
public moneys, enforcement of payment of money due the Government, and
economy and retrenchment generally are within the jurisdiction of the
Committee on Expenditures in the Executive Departments. Volume VII,
section 2041.
Authorization of publications in connection with the service of the
House is a subject belonging to the jurisdiction of the Committee on
Printing and not the Committee on Accounts. Volume VIII, section 2300.
ACCUSATION IN IMPEACHMENT.
Under the parliamentary law of impeachment the Commons, as grand
inquest of the nation, and as accusers, become suitors of penal justice
at the bar of the Lords. Volume III, section 2026.
The Commons, in impeaching, usually pass a resolution containing a
criminal charge against the accused, and direct a member to impeach him
by oral accusation before the Lords. Volume III, section 2026.
In the English usage the articles of impeachment are substituted for an
indictment, and distinguished from it by less particularily of
specification. Volume III, section 2117.
According to the parliamentary law, the respondent, on accusation for
misdemeanor, may answer the articles of impeachment by person, or by
writing, or by attorney. Volume VIII, section 2120.
Under the parliamentary law the Lords are the judges, and may not
impeach or join in the accusation. Volume III, section 2056.
ACCUSED.
(1) In trials at bar of the House.
(2) In impeachments--Preliminary procedure.
(3) In impeachments--As witness in preliminary examination.
(4) In impeachments--Presentation of evidence in preliminary
examination.
(5) In impeachments--Ex parte preliminary examinations.
(6) In impeachments--Counsel in preliminary investigation.
(7) In impeachments--Representations to House in preliminary
examination.
(8) In impeachments--Custody and bail of.
(9) In impeachments--Issue and return of writ of summons.
(10) In impeachments--Called to appear.
(11) In impeachments--Appearance.
(12) In impeachments--Failure to appear.
(13) In impeachments--Requests for time to prepare answer.
(14) In impeachments--Method of presenting answer.
(15) In impeachments--Form and substance of answer.
(16) In impeachments--Answer not made.
(17) In impeachments--Pleadings in demurrer.
(18) In impeachments--Request for time to prepare for trial.
(19) In impeachments--Attendance during trial.
(20) In impeachments--Counsel of.
(21) In impeachments--Witness for.
(22) In impeachments--Effect of resignation of the office.
(23) In impeachments--Judgment of the Senate.
(24) In impeachments--In general.
(1) In Trials at Bar of the House.
The House declined to release Samuel Houston on bail pending his trial
by the House for contempt. Volume II, section 1618.
ACCUSED--Continued.
(5) In Trials at Bar of the House--Continued
In the case of John Anderson the accused and witnesses were examined at
the bar of the House. Volume II, section 1606.
The House permitted a person arraigned for contempt in 1795 to be
represented before the House by counsel. Volume II, section 1601.
(2) In Impeachments.--Preliminary Procedure.
Discussion of the proper mode of examination in an investigation with a
view to impeachment. Volume VIII, section 2497.
Form of memorial in which Judge Peck asked leave to state his case to
the House. Volume III, section 2366.
The Commons, in impeaching, usually pass a resolution containing a
criminal charge against the accused, and direct a member to impeach him
by oral accusation before the Lords. Volume III, section 2026.
(3) In Impeachments.--As Witness in Preliminary Examination.
An opinion of the Judiciary Committee that a person under investigation
with a view to impeachment may not be compelled to testify. Volume III,
section 2514.
At the investigation of 1892, Judge Boarman testified and was cross-
examined before the committee. Volume III, section 2518.
In the second investigation Judge Swayne testified on his own behalf
and was cross-examined. Volume III, section 2471.
In the investigation of Judge Ricks the respondent made a statement
before the committee, and offered testimony in his behalf. Volume III,
section 2520.
In the investigation of 1857 the committee formally permitted Judge
Watrous to file a written explanation and cross-examine witnesses in
person or by counsel. Volume III, section 2497.
The committee which ascertained questionable facts concerning the
conduct of Secretary Belknap give him opportunity to explain, present
witnesses, and cross-examine witnesses. Volume III, section 2445.
Although Judge Swayne had been a voluntary witness before the House
investigating committee, the Senate decided that the record of his
testimony was prohibited by statute from use in the trial. Volume III,
section 2270.
Judge Boarman made a sworn statement or answer to the committee
investigating his conduct in 1890, but did not testify. Volume III,
section 2517.
(4) In Impeachments.--Presentation of Evidence in Preliminary
Examination.
In investigating the conduct of Judge Swayne both complainants and
accused were permitted to introduce sworn testimony. Volume III,
section 2470
The committee investigating Judge Watrous in 1857 appears to have
formally permitted the accused to adduce testimony. Volume III, section
2497.
In the investigation into the conduct of Judge Delahay he was permitted
to present testimony. Volume III, section 2504.
The Durell investigation was postponed in the Forty-second Congress
because there was no time to permit Judge Durell to present testimony.
Volume III, section 2507.
The House declined to vote the impeachment of a judge who had not been
heard before the investigating committee. Volume III, section 2511.
In the investigation of Judge Peck the respondent cross-examined
witnesses and addressed the committee. Volume III, section 2365.
Judge Peck was not permitted to bring witnesses before the House
committee, but cross-examined and filed a statement. Volume III,
section 2366.
(5) In Impeachments.--Ex parte Preliminary Examinations.
Discussion of precedents in relation to ex parte investigations with a
view to impeachment, including the case of President Johnson. Volume
III, section 2511.
ACCUSED--Continued.
(5) In Impeachments.--Ex parte Preliminary Examinations.--Continued
The second investigation of the conduct of President Johnson was ex
parte. Volume III, section 2409.
The investigation of the conduct of Judge Watrous in 1856 was conducted
entirely ex parte, but the evidence was documentary and voluminous.
Volume III, section 2496.
In the Watrous investigation of 1860 the Judiciary Committee proceeded
ex parte. Volume III, section 2499.
(6) In Impeachments.--Counsel in Preliminary Investigation.
In the Seward investigation the respondent was represented by counsel
and in person before the committee. Volume III, section 2514.
In the investigation of Judge Blodgett both the complainants and the
respondent were represented by counsel and produced testimony before
the committee. Volume III, section 2516.
In the investigation of the conduct of Judge Swayne the accused was
present in person with counsel and argued his own case. Volume III,
section 2470.
In the investigation of 1852 Judge Watrous, the accused, was permitted
to appear before the committee with counsel (footnote). Volume III,
section 2495.
It is for the House to say whether or not a person whose conduct is
being investigated shall be allowed to appear before the committee by
counsel. Volume III, section 2501.
(7) In Impeachments.--Representations to House in Preliminary
Examination.
Judge Peck, threatened with impeachment, was permitted to make to the
House a written or oral argument. Volume III, section 2366.
Judge Peck, threatened with impeachment, transmitted to the House a
written argument, which was ordered to be read. Volume III, section
2366.
In the Watrous investigation of 1857 the written explanation of the
accused was printed as part of the report. Volume III, section 2497.
After the report on his conduct, by a committee, Judge Watrous
presented to the House a memorial embodying his defense, and it was
ordered printed and laid on the table. Volume III, section 2497.
(8) In Impeachments.--Custody and Bail of.
It was concluded by a Senate committee in Pickering's impeachment that
the Senate has no power to take into custody the body of the accused.
Volume III, section 2324.
The Blount precedent for requiring bonds of the respondent was
discussed adversely in the Peck case. Volume III, section 2367.
Articles of impeachment being presented against a Senator, he was
sequestered from his seat and was ordered to and did recognize for his
appearance. Volume III, section 2118.
Upon the impeachment of William Blount the Senate took him into custody
and required bonds for his appearance, and informed the House thereof.
Volume III, section 2296.
Form of re cognizance given by the respondent in an impeachment case
for his appearance. Volume III, section 2118.
In impeaching, the spokesman of the Commons asks that the delinquent be
sequestered from his seat or committed, or that the peers take order
for his appearance. Volume III, section 2026.
A respondent in a case of impeachment for misdemeanor answers the
articles before the Lords in such a state of liberty or restraint as he
was in when the Commons complained of him. Volume III, section 2120.
The accusation being of misdemeanor only, the respondent, under the
English usage, does not answer the summons in custody, but the Lords
may commit him until he finds sureties for his future appearance.
Volume III, section 2120.
Under the parliamentary law the respondent answers the summons in
custody if the case be capital and the accusation be special, but not
if it be general. Volume III, section 2120.
ACCUSED--Continued.
(9) In Impeachments.--Issue and Return of Writ of Summons.
Upon presentation of articles of impeachment and the organization of
the Senate for the trial, a writ of summons is issued to the accused.
Volume III, section 2127.
The rule specifying the method of serving writs of summons to one
accused in articles of impeachment. Volume III, section 2127.
Form of resolution directing the issue of a writ of summons to Judge
Humphrey, and fixing the return day. Volume III, section 2391.
Provisions for rectification of an error in the process to secure
attendance of respondent impeached by the summons. Volume III, section
2116.
Form of summons prescribed to command appearance of respondent in the
Pickering impeachment. Volume III, section 2329.
A notification to the accused with a copy of the articles was deemed,
in the Pickering impeachment, all the process necessary. Volume III,
section 2324.
Under the English practice a copy of the articles of impeachment is
furnished to the respondent, and a day is fixed for his answer. Volume
III, section 2120.
Judge Humphreys, having failed to appear to answer the articles of
impeachment, the court directed publication of a proclamation for him
to appear. Volume III, section 2393.
Form of proclamation for appearance of Judge Humphreys, and the proof
thereof on the day set for appearance. Volume III, section 2394.
At 12:30 p.m. on the day of the return of the summons against a person
impeached, the Senate suspends business and the Secretary administers
an oath to the returning officer. Volume III, section 2128.
Ceremonies at the return of the summons to President Johnson to appear
and answer the articles of impeachment. Volume III, section 2424.
The respondent in the Peck impeachment communicated with the Senate as
to the trial before articles had been presented. Volume III, section
2368.
(10) In Impeachments.--Called to Appear.
In an impeachment case, the writ of summons being returned, the accused
is called to appear and answer the articles. Volume III, section 2129.
Form used by the Sergeant-at-Arms in calling President Johnson to
appear and answer the articles of impeachment. Volume III, section
2424.
Forms of oath, proclamation, and ceremonies at the calling of Judge
Humphreys to appear and answer articles of impeachment. Volume III,
section 2392.
Form used by the Sergeant-at-Arms in calling Judge Peck to appear and
answer the articles. Volume III, section 2371.
(11) In Impeachments.--Appearance.
Mr. Justice Chase appeared to answer the articles of impeachment ``in
his own proper person.'' Volume III, section 2349.
Secretary Belknap appeared in person and with counsel to answer the
articles of impeachment. Volume III, section 2452.
Judge Peck appeared in person, attended by counsel, in answer to the
writ of summons. Volume III, section 2371.
In response to the writ of summons Judge Swayne entered appearance by
this counsel. Volume III, section 2479.
The person impeached may appear to answer the articles in person or by
attorney, and a record is made as to the mode of appearance. Volume
III, section 2129.
The person impeached being called to appear and answer, a record is
made as to appearance or nonappearance. Volume III, section 2129.
Ceremonies at the appearance of Judge Peck in response to the writ of
summons. Volume III, section 2371.
ACCUSED--Continued.
(11) In Impeachments.--Appearance--Continued.
Rules framed to govern ceremonies for appearance and answer of
respondent in the Pickering impeachment. Volume III, section 2331.
(12) In Impeachments.--Failure to Appear.
The House declined to instruct its managers as to further proceedings
after William Blount had failed to appear and answer. Volume III,
section 2308.
Judge Humphreys not appearing, the case was continued, on motion of the
managers, to enable the production of testimony. Volume III, section
2393.
In the Pickering case the Senate committee concluded that after service
of notice of the articles the Senate might proceed to trial whether
respondent entered appearance or not. Volume III, section 2324.
Under the parliamentary law if the party impeached at the bar of the
Lords do not appear proclamations are issued giving him a day to
appear. Volume III, section 2116.
The Senate declined to order compulsory process to compel the
appearance of Judge Pickering, but authorized a committee to examine
the subject. Volume III, section 2322.
The party impeached at the bar of the Lords not appearing, his goods
may be arrested, and they may proceed. Volume III, section 2116.
(13) In Impeachments.--Bequests for Time to Prepare Answer.
President Johnson by his own letter, and by a paper filed and signed by
his counsel, asked forty days in which to prepare his answer. Volume
III, section 2424.
The managers urged, in view of Rule VIII, that President Johnson should
answer on the return day, but were overruled. Volume III, section 2425.
The Senate denied the motion of President Johnson's counsel that he be
allowed forty days to answer, and granted ten days. Volume III, section
2425.
The Senate deliberated in secret session on the application of
President Johnson for time to prepare his answer. Volume III, section
2425.
Mr. Justice Chase's application for time to answer was accompanied by a
sworn statement of reasons. Volume III, section 2349.
Mr. Justice Chase, on appearing, was permitted by the Vice-President,
without objection of the Senate, to read a paper giving reasons for
delaying his answer. Volume III, section 2349.
Mr. Justice Chase, in asking time to prepare his answer to the
articles, was called to order by the Vice-President for expressions
used. Volume III, section 2349.
Having appeared, Judge Peck asked time to prepare his answer,
accompanying the request with an affidavit. Volume III, section 2371.
The Senate declined to allow Judge Peck until the next session of
Congress to file his answer, and set an earlier date. Volume III,
section 2317.
The question of jurisdiction being settled, the Senate gave Secretary
Belknap ten days to answer on the merits. Volume III, section 2460.
The Senate having assumed jurisdiction in the Belknap impeachment,
declined to permit the respondent to plead further, but gave leave to
answer the articles. Volume III, section 2123.
(14) In Impeachments.--Method of Presenting Answer.
A Senate committee concluded in the Pickering impeachment that
respondent might answer in person, by attorney, or not at all. Volume
III, section 2324.
The Senate granted the request of Mr. Justice Chase for permission to
read his answer by himself and counsel. Volume III, section 2351.
On his appearance to answer articles of impeachment Mr. Justice Chase
was furnished with a chair. Volume III, section 2349.
The rule providing for the putting in of the answer or plea in the
Blount case. Volume III, section 2309.
ACCUSED--Continued.
(14) In Impeachments.--Method of Presenting Answer--Continued.
According to the parliamentary law, the respondent, on accusation for
misdemeanor, may answer the articles of impeachment by person, or by
writing, or by attorney. Volume III, section 2120.
Under the parliamentary law of impeachments, the respondent, if a Lord,
answers the summons in his place; if a commoner, at the bar. Volume
III, section 2120.
The rules in the Blunt case provided that respondent's answer should be
communicated to the House of Representatives. Volume III, section 2309.
The Senate ordered that an authenticated copy of the replication to
President Johnson's answer be furnished to counsel of the respondent.
Volume III, section 2432.
(15) In Impeachments.--Form and Substance of Answer.
President Johnson's answer was signed by himself and counsel. Volume
III, section 2428.
Form of answer of Judge Peck in answer of the article of impeachment.
Volume III, section 2374.
Judge Peck in his plea declared that the acts charged were justified by
the law of the land. Volume III, section 2374.
The answer of Secretary Belknap demurred to the articles, alleging that
he was not a civil officer of the United States when they were
exhibited. Volume III, section 2453.
Under the parliamentary law the answer of the respondent to impeachment
need not observe great strictness of form. Volume III, section 2121.
The respondent in an impeachment case may not, under the English law,
plead in his answer a pardon as bar to the impeachment. Volume III,
section 2121.
(16) In Impeachments.--Answer Not Made.
The person accused in articles of impeachment failing to appear or to
answer, the trial proceeds as on a plea of not guilty. Volume III,
section 2127.
The Senate provided that in default of answer from respondent on the
merits, the Belknap trial should proceed as on a plea of not guilty.
Volume III, section 2460.
Judge Humphreys did not appear, in person or by attorney, to answer the
articles of impeachment. Volume III, section 2393.
Judge Humphreys having failed to appear in answer both to the summons
and proclamation, the Presiding Officer announced that the managers
might proceed in support of the articles. Volume III, section 2394.
(17) In Impeachments.--Pleadings in Demurrer.
In the Belknap trial respondent declined to plead on the merits, but
filed a protest against the continuance of the trial. Volume III,
section 2461.
A protest filed on behalf of respondent in the Belknap trial was signed
by respondent and his counsel. Volume III, section 2461.
The Senate, after debate and close division, permitted the filing of a
protest by respondent in the Belknap trial. Volume III, section 2461.
After hearing evidence as to the sanity of the accused, the court of
impeachment notified the House of its readiness to hear the managers on
the articles. Volume III, section 2335.
The Senate decided that it had no jurisdiction to try an impeachment
against William Blount, a Senator. Volume III, section 2318.
(18) In Impeachments.--Request for Time to Prepare for Trial
The managers contended that President Johnson's request for time to
prepare for trial should have been signed by himself and under oath.
Volume III, section 2420.
The answer of President Johnson having been read, his counsel offered a
paper, signed by themselves, asking thirty days to prepare for trial.
Volume III, section 2430.
In granting to President Johnson time to prepare for trial the Senate
intimated that there should be no delays after the beginning of the
trial. Volume III, section 2430.
ACCUSED--Continued.
(18) In Impeachments.--Request for Time to Prepare for Trial--Continued
The managers opposed President Johnson's request for thirty days to
prepare for trial, citing American and English precedents in argument.
Volume III, section 2430.
The Senate granted President Johnson a less time than his counsel asked
to prepare for trial. Volume III, section 2430.
(19) In Impeachments.--Attendance During Trial
Mr. Justice Chase, after attending during much of this trial, asked
leave to retire, and was informed that the rules did not require his
attendance. Volume III, section 2354.
The respondent in the Belknap trial attended throughout until the time
of rendering judgment. Volume III, section 2467.
The respondent attended during the presentation of testimony and the
arguments in the Swayne trial. Volume III, section 2483.
(20) In Impeachments.--Counsel of.
The person accused in articles of impeachment may appear in person or
by attorney. Volume III, section 2127.
In English impeachments the respondent has counsel in accusation for
misdemeanor, but not in capital cases. Volume III, section 2120.
President Johnson entered his appearance by a letter addressed the
Chief Justice and naming the counsel to appear for him. Volume III,
section 2424.
Form of announcing the appearance of counsel in the Belknap trial.
Volume III, section 2453.
Mr. Justice Chase introduced his counsel at the time he gave in his
answer. Volume III, section 2351.
In the Chase impeachment the respondent introduced additional counsel
during the trial. Volume III, section 2354.
Delays in the Johnson trial caused by illness of counsel for respondent
were the occasion of protest on the part of the managers, and of action
by the Senate. Volume III, section 2150.
The managers were announced when they attended in the Senate for the
trial of the President, but the counsel for respondent entered
unannounced. Volume III, section 2427.
Counsel for respondent were furnished a copy of the House's
replication, by direction of the Presiding Officer. Volume III, section
2352.
In the Pickering case, against the objection of the managers, the court
determined to hear the counsel of respondent's son and evidence to show
the insanity of the accused. Volume III, section 2333.
The Presiding Officer held that counsel of the son of Judge Pickering,
admitted to show the insanity of the accused, might not offer a motion
to the court. Volume III, section 2334.
(21) In Impeachments.--Witnesses for.
In the absence of representation of respondent in the Humphreys trial
the Senators insisted on the rules of evidence. Volume III, section
2395.
In the Humphreys trial, with no representatives for the respondent,
witnesses were not cross-examined. Volume III, section 2395.
No defense being made in the Pickering impeachment the two Senators
from the State of the accused were examined at suggestion of the court.
Volume III, section 2336.
An approved number of witnesses for respondent in the Belknap trial
were summoned at public expense. Volume III, section 2463.
The Senate provided that subpoenas for respondent's witnesses in the
Belknap trial should be issued on recommendation of a committee. Volume
III, section 2463.
During the Peck impeachment trial the respondent assisted his counsel
in examining witnesses, in argument on incidental questions, etc.
Volume III, section 2149.
Mr. Justice Chase did not, after reading his reply, participate
personally in the conduct of his case beyond waiving objection to one
question. Volume III, section 2354.
ACCUSED--Continued.
(22) In Impeachments.--Effect of Resignation of the Office.
In the Blount case it was conceded that a person impeached might not
avoid punishment by resignation. Volume III, section 2317.
The committee reported a resolution for the impeachment of Secretary
Belknap, although they had been informed of his resignation of the
office. Volume II, section 244.
The House, after review of English precedents, determined to impeach
Secretary Belknap, although he had resigned. Volume III, section 2445.
The Senate decided that it had jurisdiction to try the Belknap
impeachment case, although the respondent had resigned the office.
Volume III, section 2459.
Judge Busteed having resigned, the House discontinued impeachment
proceedings: Volume III, section 2512.
Judge Durell having resigned, the House discontinued impeachment
proceedings: Volume III, section 2509.
Discussion of the effect of resignation of the officer upon impeachment
proceedings: Volume III, section 2509.
(23) In impeachments.--Judgment of the Senate.
If the respondent be convicted by a two-thirds vote on any article of
impeachment, the Senate shall pronounce judgment. Volume III, section
2098.
In final judgment the court found Judge Pickering guilty on all the
articles and decreed his removal from office. Volume III, section 2341.
The court of impeachment declined to postpone judgment until Judge
Pickering could be brought personally before it for inspection as to
sanity. Volume III, section 2337.
The final question in the Pickering judgment was on the removal of the
accused from office. Volume III, section 2339.
The decision of the court on the articles in the Humphreys case was
guilty as to a portion of the articles. Volume III, section 2396.
Having found Judge Humphreys guilty, the court proceeded to pronounce
judgment of removal and disqualification. Volume III, section 2397.
The vote on the final question in the Belknap trial was affected
conclusively by opinions as to the question of jurisdiction. Volume
III, section 2467.
Two-thirds not voting guilty, the Vice-President declared Judge Peck
acquitted. Volume III, section 2383.
Before announcing the adjournment voted by the Senate, the Chief
Justice directed the Clerk to enter a judgment of acquittal of
President Johnson. Volume III, section 2443.
Form of acquittal entered in the Journal of the trial of President
Johnson. Volume III, section 2443.
(24) In Impeachments.--In General.
The articles of impeachment in the Belknap case were held sufficient,
although attacked for not describing the respondent as one subject to
impeachment. Volume III, section 2123.
In the Chase case the House refused to strike from its replication
certain words reflecting on the motives of the respondent, Volume III,
section 2352.
At the time of President Johnson's impeachment it was agreed that he
should be described as President and not as acting President. Volume
III, section 2415.
The question of reimbursement of respondent for his expenses in an
impeachment trial. Volume III, section 2024.
Provisions of parliamentary law as to trial by impeachment of a
commoner for a capital offense. Volume III, section 2056.
ACKLEN.
The Louisiana election case of Merchant and Herbert v. Acklen, in the
forty-sixth Congress: Volume I, section 751.
ACKLEN--Continued.
The Louisiana election case of Acklen v. Darrall, in the Forty-fifth
Congress. Volume II, section 924
ACOUSTICS.
The rule gives to the Committee on Ventilation and Acoustics
jurisdiction of subjects relating ``to ventilation and acoustics.''
Volume IV, section 4313
The House has investigated the advantages of amplifying devices. A
resolution relating to the installation of accessories proposed to
improve the acoustics of the Hall of the House was entertained as
privileged. Volume VIII, section 3633.
ACQUISITION.
The acquisition, lease, or transfer of realty or other facilities for
post office purposes are subjects within the jurisdiction of the
Committee on the Post Office and Post Roads. Volume VII, section 1916.
An appropriation for the acquisition of land contiguous to a national
park and conforming to the original purpose for which the park was
established was held in order as continuing a work in progress. Volume
VII, section 1387.
While estimates by Secretary of State of appropriations for acquisition
of sites and buildings for diplomatic and consular establishments are
provided for by law, the submission of such estimate is not a condition
precedent to appropriation by Congress, and an appropriation for which
no estimate had been made was held to be in order on an appropriation
bill. Volume VII, section 1255
The reappropriation of an unexpended balance for acquisition of land
for aviation stations was held to be authorized by law. Volume VII,
section 1272
ACQUITTAL IN AN IMPEACHMENT TRIAL.
If an impeachment is not sustained by a two-thirds vote on any article,
a judgment of acquittal shall be entered. Volume III, section 2098.
Before announcing the adjournment voted by the Senate, the Chief
Justice directed the Clerk to enter a judgment of acquittal of
President Johnson. Volume III, section 2443.
Form of acquittal entered in the journal of the trial of President
Johnson. Volume III, section 2443.
Having announced the result of the voting in the Belknap case, the
President pro tempore directed the entry of a judgment of acquittal.
Volume III, section 2467.
Two-thirds not voting guilty, the Vice-President declared Judge Peck
acquitted. Volume III, section 2383.
Two-thirds not having voted guilty on any article, the Presiding
Officer declared Mr. Justice Chase acquitted. Volume III, section 2363.
Judgment of acquittal entered in the Swayne case by direction of the
Presiding Officer. Volume III, section 2485.
The Senate announced to the House by message the acquittal of Judge
Swayne. Volume III, section 2485.
The President pro tempore announced the result of the vote on each
article, and the acquittal of respondent on each. Volume III, section
2467.
The Presiding Officer announced the result of the vote on each article
of the Archbald impeachment and the conviction or acquittal of
respondent on each. Volume VI, section 512.
Two-thirds not having voted guilty on any article, the presiding
officer declared Judge Louderback acquitted. Volume VI, section 524.
ACTION.
The statutes provide for the defense of any person against whom an
action is brought for acts done while an officer of either House in the
discharge of his duty. Volume I, section 283.
ACTS.
The Speaker signs all acts, addresses, writs, warrants, and subpoenas.
Volume II, section 1313.
The effect of the repeal of a repealing act is regulated by statute.
Volume IV, section 3389.
Decisions as to the effect of the title in controlling the body of an
act of Congress. Volume IV, section 3381.
Summaries showing number of bills introduced, number of reports
submitted by committees, number of laws enacted, and number of acts of
Congress declared unconstitutional by the Supreme Court. Volume VII,
section 1028.
ADAIR, JOHN A. M., of Indiana, Chairman.
Decisions on questions of order relating to--
Amendments to Appropriation bill. Volume VII, section 1457.
ADAMS, ELECTION CASES OF.
The Kentucky election case of Barnes v. Adams in the Forty-first
Congress. Volume II, sections 879, 880.
The New York election cases of Wright, Jr., v. Fisher and Root vs.
Adams in the Twenty-first and Fourteenth Congresses. Volume I, section
650.
The New York election case of Adams v. Wilson in the Eightieth
Congress. Volume I, section 776.
ADAMS, GEORGE M., of Kentucky, Clerk.
Decisions on questions of order relating to--
Adjourn, motion to. Volume I, section 228.
Credentials. Volume I, sections 41-43, 47, 48, 50, 51, 60.
Election of Speaker. Volume I, sections 22, 216.
Privilege. Volume I, section 214.
ADAMS, JOHN QUINCY, of Massachusetts, Chairman.
Decisions on questions of order relating to--
Lay on the table, motion to. Volume V, section 5435.
Protests. Volume IV, section 2803.
Reconsider, motion to. Volume V, sections 5609, 5615.
Yeas and nays. Volume V, section 6012.
For his oration in memory of Lafayette Mr. John Quincy Adams received
the thanks of Congress. Volume V, section 7219.
In 1822 Mr. John Quincy Adams refused to vote on the resolution
censuring Mr. Stanberry, of Ohio. Volume II, section 1248.
The attempt to censure John Quincy Adams for presentation of a petition
alleged to be treasonable. Volume II, section 1255.
Later funeral ceremonies, including the elaborate observances at the
burial of John Quincy Adams. Volume V, section 7148.
ADDICKS.
The Senate election case of Addicks v. Kenney from Delaware in the
Fifty-fourth Congress. Volume I, section 633.
Address. See Statement; Speech.
ADDRESSES.
The Speaker signs all acts, addresses, writs, warrants, and subpoenas.
Volume II, section 1313.
In early years the President made a speech to the Congress, and the
House attended the Speaker in presenting the address in reply. Volume
II, section 1139.
In response to the President's annual speech the Speaker, attended by
the House, used to deliver an address. Volume V, section 6629.
In 1913 President Wilson resumed the custom of delivering messages in
the form of an address before the joint session of the two Houses.
VIII, section 3333.
ADDRESSES--Continued.
By concurrent action an invitation was extended to the President of the
United States to address a joint session of the two Houses on the
subject of the birth of George Washington. Volume VIII, section 3532.
An instance wherein, owing to the inclemency of the weather, the
President elect took the oath and delivered his inaugural address in
the Senate Chamber. Volume VI, section 447.
A joint rule formerly prescribed the method of preventing a joint
address of the two Houses to the President. Volume V, section 6630.
Summary of provisions of State constitutions relating to impeachment
and removal by address. Volume III, section 2023.
History of removal by address in England and the States as bearing on
the nature of impeachable offenses on the part of a judge. Volume III,
section 2013.
Memorial addresses were published on the occasion of the death of John
Quincy Adams in 1848. Volume V, section 7148.
Form decided on by the two Houses for addressing the President of the
United States. Volume V, section 6629 (footnote).
Women presiding in the House or in the Committee of the Whole are
properly addressed as ``Madam Speaker'' and ``Madam Chairman''
respectively. Volume VI, section 284.
ADHERE.
(1) Motion to.--When made.
(2) Motion to.--Precedence of motion.
(3) Motion to.--Receding after a vote to adhere.
(4) Motion to.--Conference in relation to.
(5) Motion to.--Loss of bills by.
(1) Motion to.--When Made.
When both Houses have insisted, neither inclining to recede, it is in
order to adhere, but in parliament adherence is not usually voted until
there have been at least two conferences. Volume V, section 6163.
In an exceptional instance, wherein the House had disagreed to a Senate
amendment to a House bill, the Senate thereupon adhered at once to its
amendment and then declined the request of the House for a conference.
Volume V, section 6313.
An instance of immediate adherence to a first disagreement. Volume V,
section 6303.
One House, after an amendment or disagreement by the other, may at once
adhere, but this does not preclude the granting of the request of the
other House for a conference. Volume V, sections 6241-6244.
(2) Motion to.--Precedence of Motion.
The parliamentary law governing the precedence and effect of the motion
to agree, disagree, recede, insist, and adhere. Volume V, section 6164.
The motions to recede, insist, and adhere have precedence in the order
named, without regard to the order in which they may be offered. Volume
V, section 6324.
The motion to recede has precedence of the motion to adhere. Volume V,
section 6271.
After the previous question has been moved on a motion to adhere, a
motion to recede may not be made. Volume V, section 6310.
(3) Motion to.--Receding After a Vote to Adhere.
Instances where after one House had adhered the other receded. Volume
V, sections 6247-6250.
The managers of a conference having reported inability to agree, the
House voted to adhere to its disagreement to the Senate amendment,
whereupon the Senate receded from it. Volume V, section 6312.
The House may recede from its adherence. Volume V, section 6252.
The House having adhered to its disagreement to a Senate amendment, and
the Senate having insisted, the House receded from its adherence and
agreed to the amendment with an amendment. Volume V, section 6401.
ADHERE--Continued.
(3) Motion to.--Receding After a Vote to Adhere--Continued.
One House having adhered may recede from its adherence and agree to a
conference asked by the other. Volume V, section 6251.
After the House had adhered it reconsidered its action, receded from
its disagreement, and agreed to the Senate amendment with an amendment.
Volume V, section 6253.
The House may recede from its disagreement to certain amendments and
adhere to it as to others. Volume V, section 6229.
One House having adhered may, at the next stage, vote to further
adhere. Volume V, section 6251.
(4) Motion to.--Conference in Relation to.
A vote to adhere may not be accompanied by a request for a conference.
Volume V, section 6303.
A vote to adhere may not be accompanied by a request for a conference.
Volume VIII, section 3208.
After an adherence by both Houses a conference is not asked. Volume V,
section 6308.
The House that votes to adhere does not ask a conference, but the other
House may. Volume V, section 6308.
An instance wherein the Senate disregarded a request for a conference
and voted to adhere. Volume V, section 6315.
Conferences are not asked after an adherence by both Houses, but have
often been asked and granted where only one House has adhered. Volume
V, sections 6241-6244.
Instance of a request for a conference by one House after the other had
adhered. Volume V, section 6313.
After one House has adhered the other may recede or ask a conference,
which may be agreed to by the adhering House. Volume V, sections 6304-
6307.
The House having adhered, the Senate insisted and asked a conference,
whereupon the House insisted on its adherence and agreed to the
conference. Volume V, section 6325.
The Senate having adhered to their amendment to a House bill, the House
decided to ask a conference without the preliminary of voting to
insist. Volume V, section 6311.
The Senate, after careful examination, thought it respectful to grant
the House's request for a conference, although the Senate had already
adhered. Volume V, section 6311.
Where one House votes to adhere to its attitude of disagreement, the
other may vote to insist and ask a conference. Volume V, section 6308.
One House having adhered, the other may further insist and ask a
conference. Volume V, sections 6245, 6246.
After an adherence by one House the other has asked a conference both
with and without having voted to insist. Volume V, section 6242, 6244.
The Senate having disagreed to an amendment of the House, and the House
having insisted, the Senate adhered, whereupon the House, for the first
time asked a conference, which was granted. Volume V, section 6309.
When one House asks a conference after the other House has adhered, the
adhering House may agree to the conference without reconsidering from
its vote to adhere. Volume V, section 6310.
The Senate having asked ``a full and free conference'' on the
difference as to all of its amendments to a bill, the House ignoring
this request, adhered as to two amendments, agreed to a third, and
further insisted and asked a conference as to the reminder, which
conference was granted. Volume V, section 6401.
(5) Motion to.--Loss of Bills by.
An adherence by both Houses to disagreement over amendments causes a
bill to fail. Volume V, section 6163.
In many instances bill have been lost by the adherence of both Houses,
sometimes in earlier days, when no effort at adjustment by conference
had been made. Volume V, sections 6233-6240.
ADHERE--Continued.
(5) Motion to.--Loss of Bills by--Continued.
Instances of the loss of bills by the adherence of both Houses to
attitudes of disagreement overamendments. Volume V, section 6313.
Bills on which one House had adhered have been lost by the expiration
of the Congress, even while the roll was being called on a motion to
recede that might have passed the bill. Volume V, sections 6230-6232.
Instance where a House bill returned with Senate amendments adhered to
was postponed definitely. Volume V, section 6200.
Instance of the loss of an appropriation bill through adherence of both
Houses to their attitudes of disagreement over a section continuing
legislation. Volume V, section 6235.
ADJOURN, MOTION TO.
(1) Nature and use of.--After hour for daily meeting is fixed.
(2) Nature and use of.--Before the hour for daily meeting is fixed.
(3) Nature and use of.--In general.
(4) Precedence of.--Under the rules.
(5) Nature and use of.--Where not in order.
(6) Repetition of.
(7) When a quorum fails.
(8) In relation to dilatory proceedings.
(10) During electoral count, impeachments, etc.
(11) Motion to fix the day to which the House shall adjourn.
(12) Voting on.
(13) In committees.
(1) Nature and Use of.--After Hour for Daily Meeting is Fixed.
In the House the motion to adjourn may not be amended, as by specifying
to a particular day. Volume V, section 5360.
An amendment may not attach to the motion for the previous question or
the motions to lay on the table and adjourn when used in the House.
Volume V, section 5754.
Before the adoption of rules a motion to adjourn until a given hour is
not in order until a previous order fixing the hour of daily meeting
has been rescinded. Volume V, section 5364.
The hour of meeting of the Senate sitting on an impeachment trial being
fixed, a motion to adjourn to a different hour is not in order. Volume
III, section 2071.
(2) Nature and Use of.--Before the Hour for Daily Meeting is Fixed.
When the House has not fixed an hour for daily meeting, the daily
motion to adjourn fixes the hour. Volume V, sections 5362, 5363.
Before the House has fixed the hour of daily meeting, the motion
providing for adjournment to a given hour is in order.Volume V, section
5363.
(3) Nature and Use of.--In General.
The motion to adjourn is not debatable in the House. Volume V, section
5359.
It is not in order to preface a motion to adjourn with preamble or
argument touching reason or purpose of the proposed adjournment. Volume
VIII, section 2647.
In the Senate sitting for an impeachment trial no debate is in order
pending a question of adjournment. Volume III, section 2073.
Neither a motion nor an appeal may intervene between the motion to
adjourn and the taking of the vote thereon. Volume V, section 5361.
While an appeal or a motion to adjourn is always in order, a Member
must first secure recognition in order to present either. Volume VI,
section 293.
The motion to adjourn is in order only in its simple form. Volume V,
sections 5371, 5372. Volume VIII, section 2647.
ADJOURN, MOTION TO--Continued.
(3) Nature and Use of.--Continued.
Before the reading of the journal a simple motion to adjourn is in
order; but a motion to fix the day to which the House shall adjourn,
being the transaction of business, is not in order. Volume IV, section
2757.
The Speaker pro tempore whom the House had just elected not being
present, the Clerk held that the motion to adjourn was not business,
and under the circumstances was the only motion in order. Volume I,
section 228.
While neither House may adjourn for more than three days during a
session of congress without the consent of the other, either may
adjourn ad libitum with the consent of the other House. Volume VIII,
section 3363.
The Committee of the Whole having risen to report proceedings incident
to securing a quorum the Speaker declined to entertain a motion to
adjourn. Volume VIII, section 2436.
When the House has sat to the limit of the constitutional term of the
Congress, a motion to adjourn may be put and carried, or the Speaker
may declare the adjournment sine die without motion. Volume V, sections
6711-6713.
When the House adjourns sine die at an hour before the expiration of
the constitutional term of the Congress, it does so by a simple motion,
made and carried without concurrent action of the Senate. Volume V,
section 6710.
The motions to reconsider, for the previous question, and to adjourn
are not is order in Committee of the Whole. Volume IV, section 4716.
(4) Precedence of.--Under the Rules.
The rules of the House give the motion to adjourn the place of highest
privilege when a question is under debate. Volume V, section 5359.
The motions to adjourn, lay on the table, and for the previous question
are not debatable, and have precedence in the order named. Volume V,
section 5301.
Discussion of the relative privilege of the motions to adjourn, to lay
on the table and for the previous question. Volume VIII, section 2651.
Questions of privilege have precedence of all motions except the motion
to adjourn. Volume III, section 2521.
A motion to reconsider takes precedence of all other questions except a
conference report or a motion to adjourn. Volume V, section 5605.
While the presentation of a conference report has precedence of a
motion to adjourn, yet the motion to adjourn may be put and decided
pending consideration thereof. Volume V, sections 6451-6453.
The motion to adjourn was held to have precedence of a motion
privileged under the Constitution. Volume VIII, section 2641.
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 motion to adjourn may be made pending the report from the Committee
of the Whole. Volume VIII, section 2645.
A motion to adjourn may be made after the year and nays are ordered and
before the roll call has begun. Volume V, section 5366.
The motion to adjourn takes precedence of a motion to dispense with
further proceedings under a call of the House. Volume VIII, section
2643.
The rule making the motions to adjourn, to fix the day to which the
House shall adjourn, and for a recess in order at any time was dropped
to prevent the continued use of these motions for purposes of
obstruction. Volume V, section 6740.
No question being under debate, and a motion to adjourn having been
made, motions for a recess and to fix the day to which the House should
adjourn were not entertained. Volume V, section 5302.
ADJOURN, MOTION TO--Continued.
(4) Precedence of.--Under the Rules.--Continued.
No question being under debate, a motion to fix the day to which the
House should adjourn already made was held not to give way to a motion
to adjourn. Volume V, section 5381.
In the Johnson trial the Chief Justice held that the motion to adjourn
took precedence of a motion to fix the day to which the Senate should
adjourn. Volume III, section 2072.
(5) Precedence of.--When Not in Order.
A Member may not make a motion to adjourn while another Member is in
possession of the floor. Volume V, sections 5369, 5370. Volume VIII,
section 2646.
While a motion to adjourn takes precedence of other motions, yet it may
not be put while the House is voting on another motion or while a
Member has the floor in debate. Volume V, section 5360.
A motion to adjourn may not interrupt a call of the yeas and nays.
Volume V, section 6053.
When the House votes to admit a Member and the motion to reconsider is
disposed of, the right to be sworn is complete and not to be deferred,
even by a motion to adjourn. Volume I, section 622.
Under the latest decision the motion to adjourn may not be made after
the House has voted to go into Committee of the Whole and the Speaker
has announced the result. Volume IV, sections 5367, 5368.
The question of consideration against a bill being decided in the
affirmative on Calendar Wednesday, the House automatically resolves
into the Committee of the Whole, and no intervening business, as the
motion to adjourn or questions of privilege, are in order. Volume VIII,
section 2446.
The House having voted to resolve itself into committee of the Whole,
the Chair declined to entertain a motion to adjourn, but did entertain
an appeal from his decision. Volume IV, section 4728.
A motion which was by the rules more highly privileged than the motion
to adjourn was not entertained after an affirmative vote on a motion to
adjourn. Volume IV, section 2954.
(6) Repetition of.
There must be intervening business before a motion to adjourn may be
repeated. Volume V, section 5373.
A motion to adjourn may be repeated after debate, although no question
may have been put or decided in the meantime. Volume V, section 5374.
Ordering the yeas and nays is such intervening business as to justify
the repetition of the motion to adjourn. Volume V, sections 5376, 5377.
A decision of the Chair on a question of order is such intervening
business as permits the repetition of a motion to adjourn. Volume V,
section 5378.
The reception of a message from the Senate, the making of an
announcement by a Member, and the submitting of a motion in relation
thereto were held to constitute sufficient intervening business to
permit a motion to adjourn to be repeated. Volume V, section 5375.
(7) When a Quorum Fails.
A smaller number than a quorum may adjourn from day to day and compel
the attendance of absent Members. Volume IV, section 2980.
Lack of a quorum being disclosed, two motions only are in order--for a
call of the House or to adjourn. Volume IV, section 2988.
On the failure of a quorum no business is in order and no motion will
be entertained except for a call for the House or to adjourn. Volume
VI, section 680.
A quorum not being present, no motion is in order but for a call of the
House or to adjourn. Volume IV, section 2950.
ADJOURN, MOTION TO--Continued.
(7) When a Quorum Fails--Continued.
With the exception of the motion to adjourn, no motion is in order in
the absence of a quorum except in furtherance of the effort to secure a
quorum, and since a motion to withhold pay of absentees would not
contribute to this result, such motion can not be entertained. Volume
VI, section 682.
The absent of a quorum having been disclosed, the only proceedings in
order are the motions to adjourn or for a call of the House; and not
even by unanimous consent may business proceed. Volume IV, section
2951.
A motion to adjourn is in order when a quorum fails, notwithstanding
any terms of an existing special order of the House. Volume V, section
5365.
During proceedings incident to the lack of a quorum the motion to
adjourn is in order while the House is dividing. Volume VIII, section
2644.
In the absence of a quorum the motion to adjourn has precedence over
the motion for a call of the House. Volume VIII, section 2642.
Under the old rule for a call of the House a motion to adjourn is in
order in the midst of a call of the roll for excuses. Volume IV,
section 2998.
A motion to adjourn may be made before the call of the roll under
section 4 of Rule XV. Volume IV, section 3050.
If a quorum fails to vote on the pending question and objection is
made, an automatic roll call is still required after a motion to
adjourn has been offered and rejected by a quorum vote. Volume VI,
section 701.
While a quorum is not required to adjourn, a point of no quorum on a
negative vote on adjournment, if sustained, precipitates a call of the
House under the rule. Volume VI, section 700.
The Committee of the Whole having rise and reported that finding itself
without a quorum the roll was called under the rule and a quorum had
appeared, the Speaker declined to entertain a motion to adjourn, and
the Committee resumed its sitting. Volume VI, section 673.
(8) In Relation to Dilatory Proceedings.
Under certain circumstances the motions to reconsider and adjourn and
the question of consideration have been held dilatory. Volume V,
sections 5731-5733.
The motion to adjourn has been ruled out when dilatory. Volume VIII,
section 2813.
Repetition of the motion to adjourn when apparently for purposes of
obstruction has been held dilatory. Volume VIII, section 2814.
A report from the Committee on Rules has a special and high privilege,
and one motion to adjourn, but not other dilatory motion, may be
entertained during its consideration. Volume IV, section 4621.
A report from the Committee on Rules has a special and high privilege,
and one motion to adjourn, but no other motion may be entertained
during its consideration. Volume VIII, section 2260.
Construction of the rule permitting one motion to adjourn and
thereafter no other dilatory motion pending consideration of a report
from the Committee on Rules. Volume V, sections 5740-5742.
Pending a motion to suspend the rules, the Speaker may entertain one
motion that the House adjourn, but thereafter no other dilatory motion
may be made. Volume V, section 5743.
Pending a motion to suspend the rule, the Speaker may entertain one
motion that the House adjourn, but thereafter not other motion may be
made. Volume VIII, section 2823.
When a quorum fails on a vote to second a motion to suspend the rules,
a second motion to adjourn is not considered a dilatory motion within
the prohibition of the rules. Volume V, sections 5745, 5746.
ADJOURN, MOTION TO--Continued.
(8) In Relation to Dilatory Proceedings--Continued.
A motion to suspend the rules having been entertained and one motion to
adjourn having been voted on, another motion to adjourn may not be made
unless the failure of a quorum be demonstrated. Volume V, section 5744.
The Speaker, during the period when the rules made in order a motion to
excuse a Member from voting, held the motion dilatory when applied to
votes on adjourning, or for a call of the House, since it might be used
to prevent adjourning or the procuring of a quorum. Volume V, sections
5709-5712.
Special orders are often used to further the consideration of business
by preventing dilatory motions, and in such cases the Chair has
exercised discretion as to entertaining motions to adjourn, for a
recess, and appeals. Volume IV, sections 3210-3213.
(9) Motion to Reconsider as Applied to.
A motion to reconsider a vote whereby the House has refused to adjourn
is not in order. Volume V, sections 5620-5622.
A motion to reconsider the vote whereby the House refused to fix a day
to which the House should adjourn has been the subject of conflicting
rulings. Volume V, sections 5623, 5624.
(10) During Electoral Count, Impeachment, etc.
During the electoral count of 1869 the President pro tempore ruled out
of order a motion that the joint meeting adjourn, and after the
announcement of the vote the Senate retired without motion. Volume III,
section 1949.
The Senate, overruling the Chief Justice, decided that a motion to
adjourn over was in order during the voting on the articles in the
Johnson trial. Volume III, section 2441.
The motion to adjourn to a certain time has been admitted in the Senate
sitting for an impeachment trial. Volume III, section 2074.
The hour of adjournment of the Senate, sitting for an impeachment
trial, being fixed, a motion to adjourn at another time is not in
order. Volume VI, section 472.
During impeachment trials in the Senate the yeas and nays on
adjournment are procured by one-fifth and not by rule. Volume III,
section 2094.
All orders and motions, except to adjourn, are reduced to writing when
offered by Senators in impeachment trials. Volume III, section 2176.
Instance of an adjournment to a new place. Volume V, section 7271.
A Member who has yielded the floor for a motion to adjourn is entitled
to prior recognition after that motion is decided in the negative.
Volume V, section 5011.
A committee of the Senate after investigation expressed the opinion
that during a trial of impeachment the House could, with the consent of
the Senate, adjourn and the Senate proceed with the trial. Volume VI,
section 546.
(11) Motion to Fix the Day to Which the House Shall Adjourn.
Under the custom of the House, which differs somewhat from the general
parliamentary law, the motion to fix the day to which the House shall
adjourn is not debatable. Volume V, sections 5379, 5380.
Under the custom of the House, which differs somewhat from the general
parliamentary law, the motion to fix the day to which the House shall
adjourn is not debatable. Volume VIII, section 2648.
When privileged, the motion to fix the day to which the House should
adjourn was not debatable. Volume V, section 5305.
As to the extent of debate under the general parliamentary law on a
motion to fix the day to which the House shall adjourn. Volume V,
sections 5379, 5380.
The motion to fix the day to which the House shall adjourn may be
amended. Volume V, section 5383.
The motions to postpone, refer, amend, for a recess, and to fix the day
to which the House shall adjourn may be amended. Volume V, section
5754.
ADJOURN, MOTION TO--Continued.
(11) Motion to Fix the Day to Which the House Shall Adjourn--Continued.
The motion to fix the day to which the House shall adjourn may not be
amended by substituting the day on which it would meet after agreeing
to a simple motion to adjourn. Volume V, section 5382.
A motion to adjourn is not of itself such intervening business as to
allow the repetition of a motion to fix the day to which the House
shall adjourn. Volume V, sections 5385, 5386.
When privileged, the motion to fix the day to which the House shall
adjourn may be repeated after intervening business. Volume V, sections
5383, 5384.
The motions to fix the day to which the House shall adjourn and for a
recess are no longer in the list of privileged motions. Volume V,
section 5301.
Under the former rule which made the motion to fix the day to which the
House should adjourn ``always in order'' it was admitted during a
division, i.e., before the result of a vote had been announced. Volume
V, section 5387.
When the motion to fix the day to which the House should adjourn had
the highest privilege the consideration of a conference report was held
to displace it. Volume V, section 6451.
A motion fixing the hour as well as the day to which the House shall
adjourn was held not privileged when the simple motion to fix the day
was privileged. Volume V, section 5388.
The motion to fix the day to which the House shall adjourn is not
privileged against a demand for the regular order, but if no objection
is made may be entertained and agreed to by the House. Volume VIII,
section 2611.
The House may adjourn for more than one day before the election of a
Speaker. Volume I, section 89.
The motion to adjourn to a certain time has been admitted in the Senate
sitting for an impeachment trial. Volume III, section 2074.
The absence of a quorum being disclosed, a motion to fix the day to
which the House shall adjourn may not be entertained. Volume IV,
section 2954.
(12) Voting on.
At the end of a yea-and-nay vote on a motion to adjourn, pending a call
of the House, Members appearing prior to the announcement of the vote
were recorded without the qualification. Volume VIII, section 3152.
During a call of the House a motion to adjourn is seconded by a
majority ascertained ``by actual count by the speaker,'' and tellers
may not be demanded. Volume VI, section 705.
When a vote by yeas and nays shows no quorum the Chair takes cognizance
of the fact, and, unless the House adjourns, orders a call under the
rule without suggestion from the floor. Volume VI, section 679.
(13) In Committees.
Contrary to the procedure of the House, the motion to adjourn from day
to day is of high privilege in the committees. Volume VIII, section
2215.
ADJOURNMENT.
(1) Constitutional provisions.
(2) Of Congress for a recess.
(3) Of Congress for a recess.--Approval of bills by the President.
(4) Of Congress sine die.--The term and sessions.
(5) Of Congress sine die.--Concurrent resolutions providing for.
(6) Of Congress sine die.--Notification to the President.
(7) Of Congress sine die.--House's act in adjourning.
(8) Of Congress sine die.--Thanks to the Speaker.
ADJOURNMENT--Continued.
(9) Of Congress sine die.--In relation to continuance of rules and
officers.
(10) Of Congress sine die.--Withdrawal of Member before.
(11) Of Congress sine die.--Effect on pending legislative business.
(12) Of Congress sine die.--Signing and approval or disapproval of
bills, messages, etc.
(13) Of Congress sine die.--As related to existence and activity of
committees.
(14) Of Congress sine die.--As related to powers of investigating
committees.
(15) Of Congress sine die.--As related to House's power to imprison.
(16) Of Congress sine die.--As related to impeachments.
(17) Of the House.--For more than one day.
(18) Of the House.--General practice.
(19) Of the House.--Delayed, especially as related to Sunday.
(20) Of the House.--Effect on pending business.
(21) Of the House.--As a mark of respect.
(22) During electoral count and election of President.
(23) Of the Senate sitting in an impeachment trial.
(24) As related to elections.
(25) Of committees.
(1) Constitutional Provisions.
Neither House during a session of Congress may, without the consent of
the other, adjourn for more than three days or to another place. Volume
V, section 6672.
When the two Houses disagree as to adjournment, the President may
adjourn them. Volume V, section 6672.
Reference to discussion of the constitutional power of the President to
adjourn Congress in a certain contingency (footnote). Volume I, section
12.
The Executive has successfully opposed, as unconstitutional, an effort
of the two Houses to fix by law the time of adjournment of Congress.
Volume V, section 6688.
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.
(2) Of Congress for a Recess.
When the two Houses adjourn for more than three days, and not to or
beyond the day fixed by Constitution or law for the next regular
session to begin, the session is not thereby necessarily terminated.
Volume V, sections 6676, 6677.
Form of resolution for adjournment of Congress for a recess (footnote).
Volume IV, section 4031.
In the earlier days of the Congress the holiday recess was not often
taken. Volume V, sections 6678-6685.
The two Houses do not notify the President when they are about to
adjourn for the holiday recess (footnote). Volume V, section 6680.
A concurrent resolution providing for an adjournment of the two Houses
for more than three days is privilege. Volume V, section 6701.
The privilege of a resolution providing for an adjournment of more than
three days is limited in its exercises. Volume V, section 6704.
A concurrent resolution extending the time of a recess of Congress
already determined on, is privileged. Volume V, section 6705.
A simple resolution, providing for an adjournment of the House for more
then three days, and for asking the consent of the Senate thereto, has
been ruled to be privileged. Volume V, sections 6702, 6703.
Privilege has been given to a resolution providing for a recess of
Congress, the length of which might be fixed by the President or the
presiding officers of the two Houses. Volume V, section 6706.
ADJOURNMENT--Continued.
(2) Of Congress for a Recess--Continued.
The two Houses may by concurrent resolution provide for an adjournment
to a certain day, with a provision that if there be no quorum present
on that day the session shall terminate. Volume V, section 6686.
The process whereby the Fortieth Congress prolonged its first session
by successive recesses, with a provision for adjournment sine die in a
certain contingency. Volume V, section 6686.
(3) Of Congress for a Recess.--Approval of Bills by the President.
The President, in the opinion of the Attorney-General, may sign a bill
at any time within ten days after Congress has adjourned for a recess.
Volume IV, section 6686.
It may be regarded as settled that the President of the United States
may effectively approve a bill when Congress is in recess for a
specified time. Volume IV, section 3493.
The Supreme Court affirmed the validity of an act presented to the
President while Congress was sitting and signed by him within ten days,
but after the Congress had adjourned for a recess. Volume IV, section
3495.
President Johnson contended that he might not approve bills during a
recess of Congress. Volume IV, sections 3493, 3494.
(4) Of Congress sine die.--The Term and Sessions.
The term of a Congress begins on the fourth of March of the old-
numbered years and extends through two years. Volume I, section 3.
The last session of a Congress may be adjourned before the expiration
of the constitutional period (footnote). Volume V, section 6724.
In the later view an existing session ends with the day appointed by
the Constitution for the regular annual session. Volume II, section
1160.
In the later Congress it has been established, both by declaration and
practice, that a special session, whether convened by law or
proclamation, ends with the constitutional day for annual meetings.
Volume V, section 6693.
Early Congresses having, by law, met on a day earlier than the
constitutional day, remained in continuous session to a time beyond
that day. Volume I, sections 6-9.
Early Congresses, convened either by proclamation or law on a day
earlier than the constitutional day, remained in continuous session to
a time beyond that day. Volume I, sections 10-11.
Instance wherein Congress in adjourning fixed by resolution the time of
meeting of the next session on the constitutional day. Volume I,
section 5.
Instances wherein one session of Congress has followed another without
appreciable interval. Volume V, sections 6690-6692.
Reference to questions arising in the Senate as to recess appointments
in a case wherein one session followed its predecessor immediately.
Volume V, section 6693.
The First Congress by law appointed for its second meeting a day later
than the day fixed by the Constitution. Volume I, section 5.
In 1797 the Congress assembled on the day constitutionally provided by
law, although it had already held a session that year. Volume I,
sections 6-9.
The First Congress having met once in each of its two years of
existence, a doubt existed as to whether or not it would legally meet
again on the day appointed by the Constitution. Volume I, section 5.
As to what constitutes a sine die adjournment of a legislative body.
Volume V, section 6689.
A recess of Congress is a real, not imaginary, time when it is not
sitting in regular or extraordinary session. Volume V, section 6687.
The two Houses have the power to provide that their presiding officers
shall declare an adjournment sine die in case that after a recess a
quorum shall be lacking in either House. Volume V, section 6686.
Instances of laws fixing the time of annual meeting of Congress. Volume
I, section 5.
ADJOURNMENT--Continued.
(4) Of Congress sine die.--The Term and Sessions--Continue.
The early laws fixing the time for the meeting of Congress specified
the day, but not the hour. Volume I, section 6-9.
(5) Of Congress sine die.--Concurrent Resolution Providing for.
A concurrent resolution fixing the day for final adjournment may be
offered from the floor as privileged, even though a similar resolution
may have been offered and considered. Volume V, section 6698.
The privilege of a resolution fixing the time of final adjournment has
been held to extend to a proposition to recall such a resolution from
the Senate. Volume V, section 6689.
A concurrent resolution fixing the time of a final adjournment is
offered as a matter of constitutional privilege. Volume VIII, section
3365.
A concurrent resolution providing for final adjournment of the two
Houses is not presented to the President for approval. Volume IV,
section 3482.
Instance wherein a concurrent resolution fixing the time of final
adjournment was rescinded by action of the two Houses. Volume V,
section 6700.
From of concurrent resolutions of the two Houses terminating a session
of Congress. Volume V, section 6722.
Forms of resolutions for adjournment of Congress sine die and for a
recess (footnote). Volume IV, section 4031.
The resolutions for final adjournment of Congress and the adjournment
for a recess are within the jurisdiction of the Committee on Ways and
Means. Volume IV, section 4031.
A resolution providing for a sine die adjournment is not debatable.
Volume VIII, section 3372.
To a resolution rescinding an order for final adjournment an amendment
assigning a new date was held to be germane. Volume V, section 5920.
(6) Of Congress sine die.--Notification to the President.
At the adjournment of the last session of a Congress, even at the
expiration of the constitutional term of the House, the two Houses send
a joint committee to inform the President. Volume V, section 6724.
Form of resolution authorizing a joint committee to notify the
President of the approaching adjournment of Congress. Volume V, section
6723.
The resolution notifying the President that the House is ready to
adjourn sine die is usual, but has sometimes been omitted. Volume V,
sections 6725, 6726.
Instance wherein the President of the United States was not notified by
the expiration of a session of Congress. Volume V, section 6692.
(7) Congress sine die.--House's Act in Adjourning.
The legislative day of March 3 of the final session of a Congress is
held to terminate at 12 m. on March 4, unless a motion is made and
carried for an adjournment previous to that hour. Volume V, sections
6694-6697.
The Speaker interrupts a roll call and declares the House adjourned
sine die, without motion or vote of the House, when the hour of
expiration of the term of the Congress arrives. Volume V, sections
6715--6718.
When the House has sat to the limit of the constitutional term of the
Congress the Speaker pronounces an adjournment sine die, without a
motion being put or carried \1\. Volume V, section 6709.
When the House has sat to the limit of the constitutional term of the
Congress, a motion to adjourn may be put and carried, or the Speaker
may declare the adjournment sine die without motion. Volume V, sections
6711-6713.
The hour for final adjournment arriving in the midst of a call of the
roll, the Speaker directed the call to be suspended and declared the
House adjourned sine die. Volume V, section 6325.
ADJOURNMENT--Continued.
(7) Of Congress sine die.--House's Act in Adjourning--Continued.
When the House adjourns sine die at an hour before the expiration of
the constitutional term of the Congress, it does so by a simple motion
made and carried, without concurrent action of the Senate. Volume V,
sections 6709, 6710.
The two Houses having fixed the time of adjournment sine die, the House
may not adjourn finally before the arrival of the hour. Volume V,
section 6714.
When the House adjourns sine die in pursuance of a concurrent
resolution of the two Houses, the adjournment is pronounced by the
Speaker without motion from the floor. Volume V, sections 6707, 6708.
At the time fixed for adjournment sine die the Speaker has interrupted
a roll call, even when its continuance might have passed a resolution
extending the session. Volume V, sections 6719, 6720.
The hour fixed for adjournment sine die having arrived, the Speaker
delivered his valedictory and declared the House adjourned, although no
quorum was present. Volume V, section 6721.
(8) Of Congress sine die.--Thanks to the Speaker.
Form of resolution thanking the Speaker at the adjournment of a
Congress. Volume V, sections 7046-7048. Volume VIII, sections 3509,
3513.
References to divisions on the resolution of thanks to the Speaker
(footnote). Volume V, section 7046.
The Speaker being absent at adjournment sine die, the House transmitted
to him a resolution of sympathy. Volume VIII, section 3513.
(9) Of Congress sine die.--In Relation to Continuance of Rules and
Officers.
The attempt to establish the theory that one House might prescribe
rules for its successor, and the end thereof. Volume I, section 187.
The theory that a House might make its rules binding on the succeeding
House was at one time much discussed and even followed. Volume V,
sections 6744-6747.
For a time the rules provided for their own continuance in a new
Congress, thus affording a rule for election of officers. Volume V,
section 6743.
Discussion as to whether or not the rules of one House remain the rules
of the next House until changed. Volume I, section 210.
The House has made rules which have been followed through other
Congresses by the Executive Departments, although the authority for the
rule has been considered doubtful. Volume V, sections 6752-6754.
The elective officers other than the Speaker continue in office until
their successors are chosen and qualified. Volume I, section 187.
The House formerly provided by special rule that the Clerk should
continue in office until another should be appointed. Volume I, section
187.
The House, in a rule continuing the Clerk in office until the election
of his successor, assumed to perpetuate its authority beyond its own
existence. Volume I, section 235.
Instance wherein the House failed to elect a Doorkeeper and Postmaster,
the officers of the preceding House continuing to serve. Volume I,
section 193.
(10) Of Congress sine die.--Withdrawal of Member Before.
The statutes provide that a Member or Delegate withdrawing from his
seat before the adjournment of a Congress shall suffer deductions from
his compensation. Volume II, section 1149.
(11) Of Congress sine die.--Effect on Pending Legislative Business.
All business pending and unfinished in the House or in committee, or
awaiting concurrent action in the Senate at the end of a session, is
resumed at the next session of the same Congress. Volume V, section
6727.
One House having asked a conference at one session, the other House may
agree to the conference at the next session of the same Congress.
Volume V, section 6286.
ADJOURNMENT--Continued.
(11) Of Congress sine die.--Effect on Pending Legislative Business--
Continued.
According to the later practice the powers of a conference committee
which has not reported do not expire by reason of the termination of a
session of Congress, unless it be the last session: Volume V, sections
6260-6262.
In the early practice an order of the House relating to disposition of
business did not continue in the next session (footnote). Volume IV,
section 3345.
A motion to request a conference on disagreeing votes of the two Houses
having been rejected, may not be repeated at the same stage of the
question, even though a recess of Congress may have intervened. Volume
V, section 6325.
Bills on which one House had adhered have been lost by the expiration
of the Congress, even while the roll was being called on a motion to
recede that might have passed the bill. Volume V, sections 6230-6232.
A conference report being made up, but not acted on at the expiration
of a Congress, the bill is lost. Volume V, section 6309.
A motion to reconsider, when once entered, may remain pending
indefinitely, even until a succeeding session of the same Congress.
Volume V, section 5684.
As to the result when the Congress expires, leaving unacted on a motion
to reconsider the vote whereby a resolution of the House is passed
(footnote). Volume V, section 5704.
It has been held that the Journal of the last day of a session may not
be amended on the first day of the succeeding session, but this
principle has not been followed uniformly. Volume IV, sections 2743,
2744.
On the last legislative day of a session the Journal is sometimes read
and approved as far as completed, but the practice is very unusual.
Volume IV, section 2745.
In a single instance, at the close of a session, the Journal was dated
on the Calendar rather than the legislative day, in order to conform to
the Senate records. Volume IV, section 2746.
An instance where the failure of a quorum prevented action in the
closing of a Congress. Volume V, section 6309.
(12) Of Congress sine die.--Signing and Approval or Disapproval of
Bills, Messages, etc.
A bill not returned by the President within ten days (Sundays excepted)
becomes a law as if signed, unless Congress, by adjournment, prevents
its return. Volume IV, section 3520.
An instance wherein the President signed a bill after the adjournment
of Congress. Volume IV, section 3497.
An instance where the President signed bills after Congress had
adjourned for a recess. Volume VII, section 1087.
The President, in the opinion of the Attorney General, has the power to
approve bills after adjournment sine die of the Congress which has
passed them, but within 10 days (Sundays excepted) after they have been
presented to him. Volume VII, section 1088.
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.
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.
Enrolled bills pending at the close of a session were at the next
session of the same Congress ordered to be treated as if no adjournment
had taken place. Volume IV, sections 3487, 3488.
Instance wherein a bill enrolled and signed by the presiding officers
of the two Houses of one session was sent to the President and approved
at the next session. Volume IV, section 3486.
The reading of a message from the President having been presented in
the closing hours of a session, it was read at the beginning of the
next session of the same Congress. Volume V, section 6646.
ADJOURNMENT--Continued.
(13) Of Congress sine die.--As Related to Existence and Activity of
Committees.
The House may empower a committee to sit during a recess which is
within the constitutional session of the House. Volume IV, sections
4541-4543.
Committees may, by the House, be empowered to sit during a recess that
is within the term of the Congress, but not after the expiration of the
term. Volume IV, section 4545.
Instance wherein a committee, empowered to sit during recess, was
directed to file its report with the Clerk of the House. Volume III,
section 1741.
The Senate, as a continuing body, may continue its committees through
the recess following the expiration of a Congress. Volume IV, section
4544.
The two Houses, by concurrent resolution, have assumed to extend the
powers of a joint committee beyond the adjournment of Congress, but
later action seems to recognize a law as to the proper instrumentality
for such purposes. Volume IV, sections 4437-4444.
Instance wherein a joint committee was authorized and appointed to
attend a ceremony occurring after the final adjournment of a Congress.
VolumeV, section 7054.
The House and Senate, being invited to attend the Jamestown Exposition,
appointed a joint committee to attend at a date after the expiration of
the term of the Congress. Volume V, section 7053.
Instance wherein a joint rule provided a joint committee for the next
Congress. Volume IV, section 4445.
Committees are created commissioners by law if their functions are to
extend beyond the term of the Congress. Volume IV, section 4545.
For performing duties after the expiration of the term of a Congress
commissions are created by law. Volume IV, section 4436.
At the time of final adjournment of a Congress the clerks of committees
are required to deliver to the Clerk of the House the bills and other
papers referred to the committee. Volume V, section 7260.
Reasons why the Speaker should not appoint to a vacancy on a committee
during a recess of Congress (footnote). Volume IV, section 4460.
There is no legal power to fill a vacancy in the clerkship of a
committee after one Congress has expired and before the next House has
been organized. Volume IV, section 4539.
A select committee expires at the end of a session, unless continued by
order of the House or revived by the reference of a matter to it by the
House. Volume IV, sections 4394-4399.
A joint select committee expires with the session. Volume IV, section
4420.
The powers of the Joint Committee on the Library reside with the Senate
portion in the recess after the expiration of a Congress. Volume IV,
section 4337.
The statutes provide for a temporary Committee of Accounts, to be
appointed by the Speaker to serve through the recess following the
expiration of a Congress. Volume IV, section 4335.
(14) Of Congress sine die.--As Related to Powers of Investigating
Committees.
An investigating committee being empowered to sit during recess, the
Speaker was authorized and directed to sign subpoenas as during a
session. Volume III, section 1753.
The Speaker may be authorized and directed to issue subpoenas during a
recess of Congress. Volume III, section 1806.
The two Houses by concurrent resolution constituted a joint select
committee of investigation, with power to send for persons and papers
and sit during the recess of Congress. Volume III, sections 1763, 1764.
By concurrent resolution the two Houses empowered the Vice-President
and Speaker to sign subpoenas during a recess of Congress. Volume III,
section 1763.
A Senate committee, with authority to take testimony in the recess
between two sessions of the same Congress, was yet unable to compel
testimony from a recalcitrant witness. Volume III, section 1837.
ADJOURNMENT--Continued.
(14) Of Congress sine die.--As Related to Powers of Investigating
Committees--Continued.
All evidence taken by a committee under order of the House and not
reported to the House shall be delivered to the Clerk at the final
adjournment of the Congress. Volume V, section 7260.
The House sometimes orders that testimony taken by an investigating
committee be taken in charge by the Clerk, to be him delivered to the
next House. Volume III, sections 1783, 1784.
Instance wherein a special committee of investigation was authorized to
sit after adjournment of the current Congress and report to the
succeeding Congress. Volume VI, section 550.
Instance wherein time for filing report of a select committee was
extended beyond life of the Congress in which appointed. Volume VI,
section 382.
A committee of investigation was granted leave to file report with the
Clerk of the House after adjournment of the Congress in which it was
appointed. Volume VI, section 381.
Form of resolution authorizing continuance of an investigation beyond
the expiration of the Congress in which instituted. Volume VI, section
386.
(15) Of Congress sine die.--As Related to House's Power to Imprison.
A discussion as to the power of the House to imprison for a period
after the adjournment of the session. Volume II, section 1629.
(16) Of Congress sine die.--As Related to Impeachments.
It was decided in 1876 that an impeachment trial could only proceed
when Congress was in session. Volume III, section 2006.
Under the parliamentary law an impeachment is not discontinued by the
dissolution of parliament. Volume III, section 2005.
A recess of Congress intervened between the impeachment of Blount and
the framing of the articles of impeachment. Volume III, section 229.
In the Blount impeachment the House, after discussion, empowered the
committee 7 drawing the articles to sit during the recess of Congress.
Volume III, section 2297.
The Senate in its writ of summons in the Blount impeachment fixed
respondent's appearance at the next session of Congress. Volume III,
section 2304.
The impeachment of Judge Pickering was presented in the Senate on the
last day of the Seventh Congress. Volume III, section 2320.
At the beginning of the Eighth Congress the House continued the
Pickering impeachment articles by appointing a committee to prepare
articles. Volume III, section 2321.
The House decided to proceed in the Pickering impeachment, although the
session and the Congress neared an end. Volume III, section 2319.
The articles of impeachment in the Chase case were reported just before
the close of the first session of the Congress. Volume III, section
2343.
The proceedings in the Chase impeachment were continued after a recess
of Congress, but in deference to the practice at that time the articles
were recommitted for a new report. Volume III, section 2344.
A recess of Congress intervened between the filing of the answer and
the presentation of the replication in the Peck trial. Volume III,
section 2375.
The first attempt to impeach President Johnson continued over a recess
of the Congress. Volume III, section 2407.
The Thirty-ninth Congress having expired during investigation of
President Johnson's conduct, the House in the next Congress directed
the Judiciary Committee to resume the investigation. Volume III,
section 2401.
The House voted the impeachment of Judge Delahay at the end of one
Congress, intending to present articles in the next. Volume III,
section 2505.
The impeachment of Judge Swayne was postponed to the next session of
Congress for further investigation. Volume III, section 2471.
ADJOURNMENT--Continued.
(17) Of the House.--For More than One Day.
The constitutional adjournment for not ``more than three days'' must
take into the count either the day of adjourning or the day of meeting.
Volume V, sections 6673, 6674.
Sunday is not taken into account in making the constitutional
adjournment of ``not more than three days.'' Volume V, sections 6673,
6674.
The first instance in which one House adjourned for more than three
days with the consent of the other. Volume VIII, section 3363.
On request of the House, the Senate agreed to a resolution granting its
consent to the adjournment of the House for a period in excess of three
days. Volume VIII, section 3366.
Adoption of a resolution requesting consent of the Senate to
adjournment for more than three days was held not to confer privilege
on a motion to adjourn to a certain day. Volume VIII, section 3366.
A Senate resolution consenting to adjournment of the House for more
than three days was refused consideration in the Senate on the ground
that the House had not requested such consent. Volume VIII, section
3366.
The House has by standing order provided that it should meet on two
days only of each week instead of daily. Volume V, section 6675.
The question as to whether or not the House, before its organization,
nay adjourn over for more than one day. Volume I, section 221.
A resolution providing for the holiday recess adjournment and not
reported by the committee on rules is without privilege. Volume VIII,
section 3361.
The House has adjourned for the holiday recess as of the legislative
day. Volume VIII, section 3370.
(18) Of the House.--General Practice.
When the hour previously fixed for an adjournment arrives, the Speaker
declares the House adjourned. Volume V, section 6735.
There is no adjournment until the Speaker pronounces it, and no Member
should leave his place until the Speaker has passed on. Volume V,
section 5360.
There must be an adjournment before the legislative day will terminate,
and an adjournment does not take place by reason of the arrival of the
time for the regular daily meeting of the House. Volume V, sections
6738, 6739.
The hour previously fixed for the adjournment of the House arriving
while the Committee of the Whole is still in session, the chairman may
direct the committee to rise and make his report as though the
committee had risen on motion in the regular way. Volume IV, section
4785.
The Committee of the Whole being in session at the hour fixed for the
daily meeting of the House, it rests with the committee and not the
chairman to determine whether or not it will rise. Volume V, sections
6736, 6737.
When, through an erroneous announcement of the vote, the House is
declared adjourned and in fact disperses, when actually it had voted
not to adjourn, the session when it next meets is nevertheless a new
legislative day. Volume V, section 6734.
The hour at which the House adjourns each day is entered on the
Journal. Volume V, section 6740.
The Doorkeeper is required to clear the floor fifteen minutes before
the hour of meeting of all persons not privileged to remain, and keep
it cleared until ten minutes after adjournment. Volume V, section 7295.
By usage of the House requests for leaves of absence and reports of the
Committee on enrolled Bills may be presented pending the announcement
of the vote that the House adjourn. Volume IV, section 3151.
In practice an adjournment before 5 p.m. on a Friday was held to vacate
the evening session formerly provided for by the rule. Volume IV,
section 3283.
ADJOURNMENT--Continued.
(18) Of the House.--General Practice--Continued
The House, while acting ``in the House as in Committee of the Whole,''
may refer to a committee, use the previous question, deal with
disorder, take the yeas and nays, or adjourn. Volume IV, section 4923.
Propostions relating to the hours of daily meeting, and the days on
which the House shall sit, are considered by the Committee on Rules.
Volume V, section 4325.
Instance of an adjournment to a new place. Volume V, section 7271.
(19) Of the House.--Delayed, Especially as Related to Sunday.
The legislative day continues until terminated by an adjournment,
irrespective of the passage of calendar days. Volume V, sections 6738,
6739.
An adjournment does not necessarily take place at 12 p.m. Saturday, the
House having power to continue in session on Sunday if it be so
pleased. Volume V, sections 6728, 6729.
For many years the House has continued its session of Saturday into
Sunday when under stress of business. Volume V, section 6728.
The House has declined to affirm that it may not transact business on
Sunday. Volume V, section 6730.
Sunday may be a legislative day. Volume V, section 7246.
Whether the House shall continue the legislative day into Sunday is not
a question for the decision of the Speaker. Volume V, section 6695.
The propriety of continuing a session into Sunday does not constitute a
question of order for the Speaker, who may not adjourn the House
against its will. Volume V, section 6728.
(20) Of the House.--Effect on Pending Business.
A motion which was by the rules more highly privileged than the motion
to adjourn was not entertained after an affirmative vote on a motion to
adjourn. Volume IV, section 2954.
When the House adjourns before voting on a proposition on which the
previous question has been ordered, the question comes up the next day
immediately after the reading of the Journal, superseding the order of
business. Volume V, sections 5510-5517.
In the absence of an order for the previous question, business
undisposed of at adjournment comes up a unfinished business only on the
next day when that class of business is again in order and not on the
next legislative day. Volume VII, section 854.
Business in order on Friday and on which the previous question was
pending at adjournment on that day comes up as the unfinished business
on the next legislative day. Volume VIII, section 2694.
If the House adjourn without voting on a proposition on which the
previous question has been ordered, the question comes up as unfinished
business on the next legislative day, Wednesday excepted. Volume VIII,
section 2691.
When the House adjourns on Tuesday without voting on a proposition on
which the previous question has been ordered, the question does not
dome up on Wednesday but on the following Thursday. Volume VII, section
890.
When the House resolves into the Committee of the Whole House of the
consideration of bills on the Private Calendar, a bill unfinished at
adjournment on a previous day takes precedence of other bills on the
Private Calendar. Volume VII, section 855.
Under provisions of a special rule for the consideration of a bill, the
Chairman of the Committee of the Whole declared the committee in
session from day to day without the House having adjourned, recessed,
or convened, and without the Speaker appearing in the chair. Volume
VIII, section 3360.
When the House, considering a bill as in the Committee of the Whole, by
unanimous consent, adjourns with the bill still pending, that consent
obtains when the bill is again taken up as the unfinished business.
Volume VIII, section 2435.
The House having adjourned after ordering the yeas and nays and before
they could be taken, the order stands when the bill is again taken up
for consideration. Volume VIII, section 3108.
ADJOURNMENT--Continued.
(20) Of the House.--Effect on Pending Business--Continued.
The House having adjourned after yeas and nays were ordered and before
the vote was taken, the pending question remains as unfinished business
when the same class of business is again in order. Volume VI, section
740.
A recess differs from an adjournment in its effect upon pending
business and the House resumes consideration of unfinished business
under conditions obtaining at the time recess was taken. Volume VI,
section 664.
A bill undisposed of at adjournment on a day derived to special
business comes up as unfinished business on the next day when that
class of business is again in order. VIII, section 2334.
When the House adjourns on days set apart for special business without
ordering the previous question, the pending measure comes up as the
unfinished business on the next day on which that class of business is
again in order. VIII, section 2694.
When the House adjourns on Wednesday without voting on a proposition on
which the previous question has been ordered the question does not go
over to the following Wednesday but comes up on the next legislative
day. Volume VII, section 895.
A bill under consideration on Calendar Wednesday, and on which the
previous question had been ordered but not disposed of at adjournment,
comes up as unfinished business on the next legislative day. Volume
VII, section 967.
A bill on which the previous question had been ordered at adjournment
on Wednesday was taken up as the unfinished business on Thursday and
took precedence of a motion to go into the Committee of the Whole for
the consideration of a bill privileged by special order. VIII, section
2674.
Business under consideration on ``consent day'' and undisposed of at
adjournment does not come up as unfinished business on the following
legislative day but goes over to the next day when that class of
business is again in order. Volume VII, section 1005.
While holding unfinished business on which the previous question was
pending at adjournment on the previous day to be of equal privilege,
the Speaker directed the call of the Consent Calendar. Volume VII,
section 990.
A motion to suspend the rules on which a second has been ordered
remaining undisposed of at adjournment recurs as the unfinished
business on the next day on which such motion is again in order. VIII,
section 3412.
A motion to suspend the rules pending and undisposed of at adjournment
recurs as unfinished business on the next day when such business is
again in order. VIII, section 3411.
Debate on a motion to suspend the rules is limited to 20 minutes one
each side, and if adjournment is taken before the 40 minutes have been
consumed, the time remaining is available when the motion is again
considered. VIII, section 3412.
A bill called up out of order by unanimous consent and undisposed of at
adjournment remains as unfinished business to be resumed when that
class of business is again in order. Volume VI, section 741.
When business which by unanimous consent has been made a special order
remains unfinished at adjournment, it continues in order until disposed
of. Volume VII, section 770.
A resolution of inquiry undisposed of at adjournment retains its
privilege and is the unfinished business when that class of business is
again in order under the rules. Volume VI, section 412.
The House having adjourned after the reading of a veto message and
before voting on reconsideration, the bill comes up as unfinished
business on the next legislative day. Volume VII, section 1109.
A motion to correct the Record, undisposed of at adjournment, was held
to be in order as the unfinished business if called up when the House
next convened. VIII, section 3496.
ADJOURNMENT--Continued.
(20) Of the House.--Effect on Pending Business--Continued.
An adjournment taking place after the election of a Speaker, but before
the Members had taken the oath, the Journal was read on the next day,
but was not approved until the oath had been administered. Volume I,
section 171.
The intervention of an adjournment does not destroy an existing right
to raise the question of consideration. Volume V, section 4946.
The question of consideration has been admitted where other business
has intervened between the ordering and execution of the previous
question, but not after an adjournment merely. Volume V, sections 4967,
4968.
The House has adjourned pending the question on the title of a bill.
Volume IV, section 3415.
A legislative day has not begun until the preceding legislative day has
been terminated by adjournment. VIII, section 3356.
(21) Of the House.--As a Mark of Respect.
Form of resolutions offered on the death of a Member. Volume V, section
7107.
The decease of a Member in the Hall of the House has been the occasion
of immediate adjournment. Volume V, sections 7121, 7122.
The House has adjourned in memory of an ex-Speaker, who had ceased to
be a Member. Volume V, sections 7139-7141.
In early days the House did not allow special occasions, like holidays,
to interfere with public business. Volume V, sections 7071-7074.
In honor of the centennial birthday of George Washington the two
Houses, by concurrent action, adjourned from February 21 to 23, 1832.
Volume V, section 7075.
The House generally did not adjourn in tribute to the memories of high
officers of the Revolution. Volume V, section 7211.
Instance wherein the House adjourned in sympathy for the people of a
destroyed city. Volume V, section 7224.
Adjournment in memory of the deceased sovereign of a foreign nation.
Volume V, section 7223. Volume VIII, section 3597.
On a rare occasion and by special direction of the House the Journal
was made to state the reason of an adjournment. Volume V, section 7122.
The House passed resolutions and adjourned on being informed of the
death of a former Speaker. VIII, section 3565.
The House has adjourned in honor of a former Speaker whose death
occurred after he ceased to be a Member. VIII, section 3566.
(22) During Electoral Count and Election of President.
The statutes prescribe directions as to recesses and adjournment of the
joint meeting and the two Houses during the count of the electoral
votes. Volume III, section 1919.
The time occupied by a joint meeting of the two Houses is not counted
in the time of the House's legislative session. Volume IV, section
3069.
The question of taking recesses arose under the law providing for a
continuous legislative day during the electoral count of 1877. Volume
III, section 1954.
Neither House recesses or adjourns for the electoral count. Volume VI,
section 444.
At the election of a President of the United States by the House in
1801 no adjournment was taken during the ballotings, which lasted, with
postponements, for several days. Volume III, section 1983.
(23) Of the Senate Sitting in an Impeachment Trial.
An adjournment of the Senate sitting for an impeachment trial does not
operate as an adjournment of the Senate. Volume III, section 2069.
Immediately upon the adjournment of the Senate sitting for an
impeachment trial the ordinary business is resumed. Volume III, section
2069.
ADJOURNMENT--Continued.
(23) Of the Senate Sitting in an Impeachment Trial--Continued.
In the Senate sitting for an impeachment trial no debate is in order
pending a question of adjournment. Volume III, section 2073.
The hour of adjournment of the Senate, sitting for an impeachment
trial, being fixed, a motion to adjourn at another time is not in
order. Volume VI, section 472.
In the Blount impeachment the Senate dispensed with the requirement for
yeas and nays on questions of adjournment and on allowing further time
for the parties. Volume III, section 2311.
The sessions of the Senate sitting for an impeachment trial may adjourn
for more than three days. Volume III, section 2423.
After voting on one article in the Johnson trial, the Senate adjourned
to a day fixed. Volume III, section 2441.
The court of impeachment may adjourn over without interfering with
session of the Senate in the interim. Volume III, section 2377.
The later pleadings in the Belknap trial were filed with the Secretary
of the Senate during a recess of the Senate sitting for the trial.
Volume III, section 2455.
Final judgment being pronounced, the court of impeachment in
Pickering's case adjourned sine die. Volume III, section 2341.
Judgment being rendered in the Peck impeachment, the Vice-President
directed an adjournment sine die. Volume III, section 2383.
Judgment being pronounced in the Humphreys case the court adjourned
without day. Volume III, section 2397.
Having voted on three of the eleven articles, the Senate sitting for
the trial of President Johnson, adjourned without day. Volume III,
section 2443.
The adjournment without day of the Senate, sitting for the Belknap
case, was pronounced after vote of the Senate. Volume III, section
2467.
The Swayne trial being concluded, the Senate, on motion, adjourned
without day. Volume III, section 2485.
The Archbald trial being concluded, the Senate, on motion, adjourned
without day. Volume VI, section 512.
(24) As Related to Elections.
The taking of testimony in an election case may be adjourned from day
to day. Volume I, section 704.
A sheriff having adjourned an election for a reason not specified as a
cause of adjournment, the Elections Committee rejected votes cast after
such adjournment. Volume I, section 769.
(25) Of Committees.
A committee having adjourned on a stated day of meeting for lack of a
quorum, subsequent sessions on the same day, even when attended by a
quorum, are not competent for the transaction of business. Volume VIII,
section 2213.
A session of a committee, adjourned without having secured a quorum, is
a dies non and not to be counted in determining the admissibility of a
motion to reconsider. Volume VIII, section 2213.
ADJUDICATION.
The Committee on War Claims has exercised a general but not exclusive
jurisdiction over general bills providing for the adjudication or
settlement of classes of war claims. Volume VI, section 4270.
The Committee on Private Land Claims has exercised jurisdiction over
general as well as special bills relating to the adjudication and
settlement of private claims to land. Volume IV, section 4274.
ADJUDICATION--Continued.
Bills relating to the adjudication of claims of Indians and Indian
tribes against the United States come within the jurisdiction of the
Committee on Indian Affairs. Volume VII, section 1935.
Control and disposition of alien property held by the United States,
and the adjudication of conflicting claims of American subjects against
foreign governments and foreign subjects against the United States are
within the jurisdiction of the Committee on Ways and Means. Volume VII,
section 1737.
The House in adjudicating contested-election cases is not bound by
State statutes prescribing details of election procedures. Volume VI,
section 177.
ADMINISTRATION OF OATHS.
The Speaker, the chairman of the Committee of the Whole, or any other
committee, or any Member may administer oaths to witnesses in any case
under examination. Volume III, section 1769.
ADMINISTRATORS.
The Committee for the District of Columbia has exercised jurisdiction
as to the bills relating to executors, administrators, wills, and
divorce in the District. Volume VI, section 4289.
ADMISSIBILITY.
Questions as to admissibility of evidence in a trial of impeachment are
by long-established custom, submitted by the Presiding Officer to the
Senate for decision. Volume VI, section 491.
Questions as to admissibility of evidence in impeachment trials are not
debatable. Volume VI, section 490.
In the Archbald trial the Senate declined to admit and reserve decision
on the admissibility of evidence to the admission of which an objection
was pending. Volume VI, section 490.
In the Archbald trial it was held that while witnesses might testify as
to the general reputation of the respondent, and as to his reputation
for judicial integrity in particular, it was not competent to introduce
evidence as to his reputation for ability and industry; and in no event
was the personal opinion of a witness on questions of character or
reputation admissible. Volume VI, section 495.
The issuance of process for the attachment of a witness was held not to
bar the admission of depositions by such witness pending his arrival.
Volume IV, section 523.
Instance wherein the President pro tempore ruled on the admission of
evidence in the trial of an impeachment. Volume VI, section 494.
The committee have entire jurisdiction over questions of pleading and
may admit amendments if occasion requires. Volume VI, section 102.
A contract having been admitted as evidence in an impeachment trial, it
was held competent to show the intention of the parties thereto. Volume
VI, section 497.
Exhibits relating to the Case at bar but also embodying extraneous and
irrelevant material were admitted in full over the objection that only
the pertinent matters should be read into the record. Volume VI,
section 523.
Evidence relating to events occurring prior to Judge Louderback's
appointment to the Federal bench was admitted to establish matters
pertinent to the impeachment proceedings. Volume VI, section 523.
ADMISSION.
Portions of the gallery over the Speaker's chair are set aside for the
use of reporters and correspondents who are admitted thereto by the
Speaker under such regulations as he may prescribe. Volume VIII,
section 3642.
ADMISSION--Continued.
On occasions of special interest the House sometimes provides
additional rules governing admission to the galleries. Volume VIII,
section 3640.
An alleged violation of the rule resulting to admission to the floor
presents a question of privilege. Volume VI, section 579.
ADMISSION OF STATES.
The House declined to admit the Member-elect from Illinois until the
State had been formally admitted to the Union. Volume I, section 396.
It is not necessary that a State be admitted to the Union before it may
elect a Representative to Congress. Volume I, section 397.
The Speaker asked the decision of the House when a Member-elect from a
State not yet admitted to the Union presented himself to be sworn.
Volume I, section 396.
The Senate declined to admit the persons bearing credentials as
Senators-elect from Tennessee until that State has been admitted to the
Union. Volume I, section 398.
The Senate declined to admit a Senator-elect from Minnesota until a
formal act of admission had been passed by Congress. Volume I, section
399.
ADRIAN, GARNETTE B., of New Jersey, Speaker pro tempore.
Decision on question of order relating to--
Suspension of rules. Volume V, section 6839.
ADULTERATION.
The subject of adulteration of food, drugs, etc., in the District is
within the jurisdiction of the Committee for the District of Columbia.
Volume IV, section 4280.
Bills to prevent the adulteration, misbranding, etc., of foods and
drugs have been reported by the Committee on Interstate and Foreign
Commerce. Volume IV, section 4112.
Bills relating to the importation of narcotics, of adulterated or
misbranded seeds, and of women for immoral purposes have been reported,
but not exclusively, by the Committee on Interstate and Foreign
Commerce. Volume VII, section 1820.
Bills to prevent the adulteration, misbranding, manufacture, sale, or
transportation of foods, drugs, medicines, and liquors have
occasionally been reported by the Committee on Agriculture. Volume VII,
section 1874.
The adulteration of agricultural products and their importation and
control are subjects within the jurisdiction of the Committee on
Agriculture. Volume VII, section 1873.
ADVERSE REPORTS.
Adverse reports do not go to the Calendars except by direction of a
committee or on request of a Member. Volume IV, section 3116.
Unless request for other disposition is made within three days a bill
reported adversely is automatically tabled and may be taken from the
table and recommitted or placed on the calender by unanimous consent
only. Volume VI, section 750.
Adverse reports do not go to the calendar except by direction of a
committee or request of a Member. Volume VI, section 750.
Clause 2 of Rule XIII applies to nonprivileged reports only. Volume VI,
section 411.
A resolution of inquiry adversely reported to the House and undisposed
of becomes unfinished business and may be called up at the will of the
House. Volume VI, section 411.
A privileged resolution of inquiry, on which the question of
consideration has been raised and decided adversely, is placed on the
calendar although under section 2 of Rule XIII it is not otherwise
eligible for reference to the calendar. Volume VI, section 404.
A resolution of inquiry, though adversely reported is privileged if on
the calendar. Volume VI, section 410.
The rule authorizing reference to the Calendar of Adverse Reports, on
request, does not apply to privileged resolutions of inquiry. Volume
VI, section 411.
ADVERSE REPORTS--Continued.
The privilege of a question is not affected by the nature of the report
thereon and a resolution privileged under the rule occupies the same
status when reported adversely as when reported favorably. Volume VIII,
section 2310.
Form of resolution providing for consideration of a bill taken from the
Committee on Rules under motion to discharge and providing for
consideration of a bill adversely reported by the committee to which it
was referred. Volume VII, section 1012.
Adverse reports may be called up by any Member of the House on
discharge day. Volume VIII, section 2268.
A committee having jurisdiction of the subject may originate a bill and
report that bill adversely. Volume IV, section 4659.
Bills reported back adversely by the committee when called up from the
deferred list are automatically recommitted and may not be again
reported during the same Congress. Volume VII, section 846.
When a bill is reported from the Committee of the Whole with an adverse
recommendation, an opponent of the bill is recognized to make a motion
as to its disposition. Volume VIII, section 2430.
The committee, after conducting an investigation, acted adversely on a
proposition to impeach Judge Wilfley and the House declined to take
further action. Volume VI, section 525.
ADVERTISING.
Expenditures for newspaper advertisement and the circulation of form
letters held not to constitute improper use of money. Volume VI,
section 73.
An appropriation for advertisements for naval recruits was held to be
unauthorized and therefore not in order on an appropriation bill.
Volume VII, section 1233.
Expenditure of money for advertising space or editorial comment in
newspapers or for the hiring of speakers or personal workers held not
to constitute bribery. Volume VI, section 84.
ADVISEMENT.
An instance in which the Speaker took a question under advisement and
rendered a decision on a subsequent day. Volume VIII, section 2174.
ADY.
The Senate election case of Ady v. Martin, from Kansas, in the Fifty-
third Congress. Volume II, section 1059.
AERONAUTICS.
Bills pertaining to Military Aviation and Army Aeronautics are reported
by the Committee on Military Affairs. Volume VII, section 1903.
Bills relating to naval aviation and marine aeronautics are reported by
the Committee on Naval Affairs. Volume VII, section 1907.
AFFIDAVITS.
(1) In contempt and other proceedings.
(2) With requests for time to take additional testimony in an election
case.
(3) Ex parte in election contests.
(4) Of the voter as to his vote or right to vote.
(5) In impeachments.
(6) Required by election laws.
(1) In Contempt and Other Proceedings.
In the trial of Samuel Houston for contempt the House permitted an
affidavit to be read. Volume II, section 1618.
AFFIDAVITS--Continued.
(1) In Contempt and Other Proceedings--Continued.
A Senate committee having, on the strength of ex parte affidavits,
found Benjamin Stark disloyal, the Senate disagreed to a resolution for
his expulsion. Volume I, section 443.
In 1862 a Senator who challenged the right of a Senator-elect to be
sworn, substantiated his objection with ex parte affidavits. Volume I,
section 443.
(2) With Requests for Time to Take Additional Testimony in an Election
Case.
In asking for extension of time to take testimony in an election case
affidavits should state facts showing that with proper diligence it has
been impossible to take the testimony. Volume I, section 602.
Affidavits filed with a request for time to take additional testimony
in an election case must state the names of the witnesses and the
particular facts to be proven by them. Volume I, section 602.
An application for extension of time to take testimony in an election
case should be accompanied by an affidavit specifying as to the
testimony. Volume I, section 725.
When contestee submits an affidavit to justify his request that his
election case be reopened the affidavit must be definite and specific.
Volume II, section 1062.
(3) Ex parte in Election Contests.
An affidavit taken without notice to opposing candidate and before the
result had been determined was rejected as evidence. Volume I, section
618.
A committee lacking the power of subpoena permitted the petitioner to
present evidence ex parte in the form of affidavits. Volume VI, section
77.
Instance wherein ex parte affidavits were received as to a secondary
question arising in an election case. Volume I, section 736.
An affidavit intended to explain a clerical error in returns was given
little weight by the Elections Committee because of its ex parte
character. Volume I, section 45.
An instance wherein the committee, overruling a demurrer conceded to be
well taken, elected to decide the case on the pleadings, affidavits,
exhibits, and statements of counsel and parties. Volume VI, section
170.
Unsworn statements and ex parte affidavits are not admissible as
evidence and will not be considered by the Committee on Elections in
the adjudication of an election case. Volume VI, section 147.
As to validity of an answer, with no proof of service except an ex
parte affidavit. Volume II, section 957.
(4) Of the Voter as to His Vote or Right to Vote.
In a sustained case the Elections Committee admitted as proof of his
title to vote the voter's properly taken affidavit. Volume I, section
771.
An affidavit of a voter as to how he intended to vote, made at the time
the vote was rejected, was accepted as a valid declaration and part of
the res gestae. Volume II, section 900.
Oral testimony as to the making of affidavits by rejected voters was
accepted as evidence of the fact and not as hearsay. Volume II, section
900.
Where nonregistered voters were required to file affidavits on voting,
and those affidavits did not appear on file, the House rejected the
votes. Volume II, section 1041.
Election officers being required to file certain affidavits with a
prothonotary, his certificate that this was not done was accepted as
proof that the affidavits were not taken. Volume II, section 1130.
Affidavits given by nonregistered voters need not be signed, but the
jurat must appear or the votes are rejected. Volume II, section 910.
(5) In Impeachments.
The committee recommended and the House voted the impeachment of Judge
Pickering on the strength of certain ex parte affidavits. Volume III,
section 2319.
AFFIDAVITS--Continued.
(5) In Impeachments--Continued.
Instance wherein depositions offered in an impeachment trial were
purged of matters in conflict with the rule laid down as to evidence.
Volume III, section 2206.
In the Pickering case the Presiding Officer ruled that in presenting
affidavits to show the insanity of the accused, only the pertinent
parts should be read. Volume III, section 2334.
(6) Required by Election Laws.
Failure to file with the Clerk of the House before and after election
affidavits required by law held not to justify vacating seat. Volume
VI, section 94.
AFFIRMATION.
Senators and Representatives are bound by oath or affirmation to
support the Constitution. Volume I, section 127.
Senators sitting for an impeachment trial are required by the
Constitution to be on oath or affirmation. Volume III, section 2055.
Instance wherein the House authorized administration of affirmation of
office. Volume VI, section 17.
Form of resolutions relating to the administration of affirmation.
Volume VI, section 17.
AFFIRMATIVE.
The question is put first on the affirmative and then on the negative
side. Volume V, section 5925.
After the Chair has put the affirmative, debate is still in order
before the negative is put unless the previous question has been
ordered. Volume VIII, section 3066.
Debate on a pending proposition is closed when the question is put on
both the affirmative and negative, and the voidance of this vote
through lack of a quorum does not open the question to debate when
again under consideration. Volume VIII, section 3097.
Debate may continue, the previous question not having been ordered,
until the Speaker has put the negative side of the question. Volume
VIII, section 3065.
Errors in the record of votes are corrected on recapitulation at the
close of the reading of the votes in the affirmative, in the negative,
and those answering present, respectively. Volume VIII, section 3125.
The Chair may vote to make a tie and so decide the question in the
negative as he may vote to break a tie and decide a question in the
affirmative. Volume VIII, section 3100.
AGE AS A QUALIFICATION.
The Constitution provides that a Member shall fulfill certain
conditions as to age, citizenship, and inhabitancy. Volume I, section
413.
A Member-elect, whose credentials were in due form, but whose age was
not sufficient to meet the constitutional requirement, was not enrolled
by the Clerk. Volume I, section 418.
A Member-elect not being of the required age the taking of the oath was
deferred until he was qualified. Volume I, section 418.
AGENTS.
No officer or employee of the House shall be an agent for the
prosecution of a claim against the Government. Volume V, section 7227.
A former regulation as to counsel appearing before committees. Volume
III, section 1771.
When the person accused in articles of impeachment appears by agent or
attorney, a record is made naming the person appearing and the capacity
in which he appears. Volume III, section 2129.
After William Blunt had failed to appear and answer, counsel were
admitted on his behalf. Volume III, section 2308.
The Senate decided that the counsel for William Blount need not file
any warrant of attorney or other written authority. Volume III, section
2309.
AGENTS--Continued.
In the Blount impeachment a letter from respondent's attorneys
announcing their readiness to attend was filed in the Senate before the
day set for appearance. Volume III, section 2305.
Testimony as to what was said by the agent or coconspirator of
respondent in regard to carrying out respondent's order, the said order
being a ground of the impeachment, was admitted. Volume III, sections
2231-2233.
A candidate who purposely remained in ignorance of the acts of agents
in his behalf when the means of information were within his control was
held to have ratified such acts and to have assumed responsibility
therefor. Volume VI, section 79.
A candidate in whose behalf exorbitant sums of money were received and
dispensed by personal agents and representatives with his knowledge and
consent was held to be disqualified. Volume VI, section 179.
A law establishing a definite policy was held to authorize
appropriations for agents to carry out such policy and
instrumentalities promoting the efficiency of those agents. Volume VII,
section 1184.
A law providing for establishment of specific regulations authorizes
appointment of agents to enforce such regulations, and in the absence
of legislative limitation on the number to be appointed, an
appropriation for any number is in order on an appropriation bill.
Volume VII, section 1191.
AGREE, MOTION TO.
(1) Precedence of.
(2) Nature of the motion.
(3) Relative to motion to amend.
(1) Precedence of.
The parliamentary law governing the precedence and effect of the
motions to agree, disagree, recede, insist, and adhere. Volume V,
section 6164.
The stage of disagreement not being reached, the motion to concur in an
amendment of the other House with an amendment has precedence of the
simple motion to concur. Volume V, section 6321.
The motion to amend an amendment of the other House has precedence of
the motion to agree or disagree. Volume V, sections 6164, 6169-6171.
A motion to amend an amendment from the other House takes precedence of
a motion to agree or disagree. Volume VIII, section 3187.
A motion to concur in a Senate amendment with an amendment takes
precedence of a motion to insist further on the House's disagreement to
the Senate amendment. Volume V, section 6224.
A motion to insist on disagreement to a Senate amendment yields to a
motion to agree and is not acted on in event of rejection of the latter
motion. Volume VIII, section 3183.
Before the stage of disagreement has been reached, the motion to refer
to a committee Senate amendments returned with a House bill has
precedence of a motion to agree to the amendments. Volume V, sections
6172-6174.
The stage of disagreement having been reached, the motion to recede and
concur takes precedence of the motion to recede and concur with an
amendment. Volume V, sections 6219-6223.
The previous question having been ordered on a motion to agree to a
Senate amendment to a House bill, a motion to commit is in order.
Volume V, section 5575.
The previous question being demanded or ordered on a motion to concur
in a Senate amendment, a motion to amend is not in order. Volume V,
section 5488.
Although the previous question may have been demanded on a motion to
insist, it has been held that a motion to recede and concur might be
admitted to precedence. Volume V, section 6321a.
AGREE, MOTION TO--Continued.
(1) Precedence of--Continued.
It has been held that a resolution from a committee recommending a
request for a conference on certain disagreements as to amendments must
be acted on before the preferential motion to agree. Volume V, section
6271.
(2) Nature of the Motion.
As to the motions to agree or disagree, the affirmative of one is
equivalent to the negative of the other. Volume V, section 6164.
The motion to agree, or concur, should be put in the affirmative and
not in the negative form. Volume V, section 6166.
A negative vote on a motion to disagree was held equivalent to an
affirmative vote to agree. Volume V, section 6167.
The Committee of the Whole having recommended disagreement to a Senate
amendment, and the House having negatived a motion to concur in the
recommendation, it was held that the House had agreed to the amendment.
Volume V, section 6168.
The previous question having been ordered on a motion to agree to a
Senate amendment to a House bill, a motion to recommit is in order.
Volume VIII, section 2744.
Instance wherein a motion to suspend the rules was utilized in taking a
bill from the Speaker's table and agreeing to Senate amendments. Volume
III, section 3425.
A conference report being presented, the question on agreeing to it is
regarded as pending. Volume VIII, section 3300.
A motion to suspend the rules and agree to a conference report proposes
suspension of all rules inconsistent with the adoption of the report,
including the rule requiring printing before consideration. Volume
VIII, section 3423.
A special order authorizing managers as provided by section 2 of Rule
XX to agree to a Senate amendment making appropriations, precludes the
point of order that the House has not voted separately on a new
appropriation in such amendment. Volume VII, section 768.
Managers on the part of the House may be authorized by resolution
reported from the Committee on Rules to agree to Senate amendments
carrying appropriations on a bill not originating as an appropriation
bill in the House. Volume VII, section 1577.
Pending the decision of a question of order raised against a conference
report it is in order to move to suspend the rules and agree to the
report. Volume VIII, section 3422.
One House may agree outright in an amendment of the other, may agree
with an amendment, or may disagree outright. Volume V, section 6163.
The process of amending Senate amendments in Committee of the Whole and
the subsequent agreement of the House to the amendments as amended.
Volume V, section 6193.
By receding from its disagreement to a Senate amendment, the House does
not thereby agree to the same. Volume V, section 6215.
The inability of the two Houses to agree on even the slightest
amendment to a bill causes the loss of the bill. Volume V, sections
6233-6240.
The motion to ask a conference is distinct from motions to agree or
disagree to Senate amendments. Volume V, section 6268.
The House may disagree to certain Senate amendments to a bill, agree to
others with amendments, and ask a conference only on the disagreement,
leaving to the Senate to agree or disagree to the amendments to Senate
amendments. Volume V, section 6287.
A two-thirds vote is required to agree to amendments of the other House
ot joint resolutions proposing amendments to the Constitution. Volume
VIII, section 3505.
(3) Relative to Motion to Amend.
A bill of one House being passed in the other with amendment, the
originating House may concur with an amendment, whereupon the other
House may concur with still another amendment; but here the process
stops. Volume V, section 6163.
A motion being made to agree to an amendment of the other House with an
amendment, it is in order to perfect that amendment by another
amendment and a substitute. Volume V, section 6175.
AGREE, MOTION TO--Continued.
(3) Relative to Motion to Amend--Continued.
An instance wherein one House receded from its own amendment after the
other House had returned it concurred in with an amendment. Volume V,
section 6226.
After the House had adhered it reconsidered its action, receded from
its disagreement, and agreed to the Senate amendment with an amendment.
Volume V, section 6253.
Form of conference report wherein the Senate recedes from certain of
its amendments to a House bill, while the House recedes from its
disagreement as to others and agrees to certain others with amendment.
Volume V, sections 6500-6502.
AGREEMENTS.
An agreement entered into by unanimous consent may be modified by
unanimous consent at the pleasure of the House. Volume VII, section
946.
A gentlemen's agreement that there should be ``no business whatever''
at formal sessions of the House during a designated period was
construed to exclude business of the highest privilege as well as
business of a purely formal character, including the swearing in of
Members and the extension of remarks in the Record. Volume VI, section
715.
A ``gentlemen's agreement''--a term applied to unanimous-consent orders
of more than ordinary importance--is observed with scrupulous care and
the Speaker has declined to recognize Members to submit requests which
in his opinion infringed on its provisions. Volume VI, section 710a.
A gentlemen's agreement once entered into is not subject to subsequent
revision, even by unanimous consent. Volume VI, section 710a.
Instance in which the House by ``gentleman's agreement,'' provided for
nominal sessions during which no business should be transacted. Volume
VII, section 760.
The House is not bound by private agreement between Members even when
entered into on the floor in course of debate. Volume VII, section 927.
AGRICULTURAL APPROPRIATION BILLS.
The law creating the Department of Agriculture authorizes
appropriations for salaries of employees essential to its proper
maintenance without designating the names of positions in which they
shall serve, and in the absence of statutory provision to the contrary
it is in order in an appropriation bill to name such position or to
change the name of any division, bureau, or office previously
appropriated for. Volume VII, section 1330.
An appropriation for ``miscellaneous supplies and expenses'' was held
to be authorized by the organic law of the Department of Agriculture.
Volume VII, section 1167.
While the statute authorizing the Secretary of Agriculture to make
investigation of subjects relating to agriculture is held to justify a
broad line of appropriation, yet it does not justify appropriations for
general investigations. Volume IV, section 3652.
While an appropriation to enable the Secretary of Agriculture to make
certain investigations is authorized on the agricultural appropriation
bill, it is not in order to require cooperation of State experiment
stations therein. Volume VI, section 3650.
While an appropriation to enable the Secretary of Agriculture to make
certain investigations is authorized under the organic law creating the
Department of Agriculture, it is not in order to require cooperation of
States, companies, or individuals therein. Volume VII, section 1301.
The authorization to conduct investigations conferred by the organic
law establishing the Department of Agriculture does not extend to
investigations conducted by other departments in connection with the
Department of Agriculture. Volume VII, section 1294.
While an appropriation for investigation of road materials was held not
to be authorized under the organic act creating the Department of
Agriculture, because not devoted exclusively to agricultural purposes,
an appropriation for investigation of irrigation was held to come
within the law and to be in order on an appropriation bill. Volume VII,
section 1307.
AGRICULTURAL APPROPRIATION BILLS--Continued.
An appropriation for experiments and demonstrations in livestock
production was held to be authorized by the organic law creating the
Department of Agriculture. Volume VII, section 1129.
A proposition to appropriate for demonstrating processes of
manufacturing denatured alcohol at an exposition was held not to be
authorized by general law giving the Secretary of Agriculture authority
to acquire and diffuse information pertaining to agriculture. Volume
VII, section 1295.
An appropriation for investigating sources of raw materials for making
paper was held not to be authorized by the provision of the organic law
creating the Department of Agriculture. Volume VII, section 1296.
The broad powers of investigation conferred by the organic act creating
the Department of Agriculture were held to authorize an investigation
to determine possible sources of mineral fertilizers. Volume VII,
section 1299.
Contravening a former ruling, an appropriation for drainage
investigations was held in order on the agricultural appropriation
bill. Volume VII, section 1318.
A provision to appropriate for compiling tests of dairy cows at an
exposition was held not to be authorized as an expenditure by the
general law giving to the Secretary of Agriculture authority to acquire
and diffuse information pertaining to agriculture. Volume IV, section
3653.
The Committee of the Whole, overruling its chairman, decided that a
provision for the purchase and distribution of rare and valuable seeds
was in order on the agricultural appropriation bill. Volume IV, section
3895.
An appropriation for collection of market statistics on agricultural
products was held to be authorized by the organic act creating the
Department of Agriculture. Volume VII, section 1304.
Provision for redemption at the treasury of adjustment certificates
issued by the Secretary of Agriculture in administration of the Farm
Relief Law and drawn on a special fund provided for the purpose was
held not to constitute an appropriation within the meaning of section 4
of Rule XXI. Volume VII, section 2160.
An appropriation for cooperative agricultural extension work with the
States and Territories is authorized by the organic law creating the
Department of Agriculture. Volume VII, section 1172.
The law establishing the Department of Agriculture was held to
authorize an appropriation for the purchase and distribution of free
seeds. Volume VII, section 1166.
An appropriation for control of the European corn borer was held to be
authorized by the organic act establishing the Department of
Agriculture. Volume VII, section 1309.
While the organic act creating the Department of Agriculture was held
to authorize an appropriation for maintenance of a highway weather
service, it was ruled not to justify an appropriation for collection of
data as to the effects of weather on such highways. Volume VII, section
1308.
An appropriation for the distribution of proceedings of the World's
Dairy Congress was held to be authorized by the provision for the
dissemination of knowledge in the law creating the Department of
Agriculture. Volume VII, section 1174.
An appropriation providing for the daily issue of a price list
reporting prices of farm products received by producers was held to be
authorized by the organic act creating the Department of Agriculture.
Volume VII, section 1305.
AGRICULTURAL COLLEGES.
The subject of agricultural colleges and experiment stations is within
the jurisdiction of the Committee on Agriculture. Volume IV, section
4152.
AGRICULTURAL DEPARTMENT.
The services of the Departments in Washington, except the Agricultural
Department, are appropriated for in the legislative, executive, and
judicial bill, which is reported by the Committee on Appropriations.
Volume IV, section 4033.
References to statutes regulating the distribution of seeds by Members
through the Agricultural Department. Volume V, section 7344.
While the organic law creating the Department of Agriculture confers
broad powers of investigation, it does not authorize investigations
abroad. Volume VII, section 1303.
AGRICULTURAL PRODUCTS.
The regulation of exportation of live stock, meat, and other
agricultural products has been to a certain extent within the
jurisdiction of the Committee on Interstate and Foreign Commerce.
Volume IV, section 4113.
AGRICULTURE, COMMITTEE ON.
The creation and history of the Committee on Agriculture, section 10 of
Rule XI. Volume IV, section 4149.
Recent history of the Committee on Agriculture, section 10 of Rule XI.
Volume VII, section 1860.
The rules give to the Committee on Agriculture the jurisdiction of
subjects relating ``to agriculture and forestry'' and the
appropriations for the Department of Agriculture. Volume IV, section
4149.
The Committee on Agriculture has reported as to export bounties,
regulation of importation of trees, shrubs, etc., and as to the effects
of the tariff on agriculture. Volume IV, section 4155.
The importation and interstate transportation of trees, shrubs, and
other nursery stock, quarantine regulations against insect pests and
plant diseases, and the establishment of a national arboretum are
subjects within the jurisdiction of the Committee on Agriculture.
Volume VII, section 1863.
Bills imposing an internal-revenue tax on oleomargarine are, by action
of the House, included within the jurisdiction of the Committee on
Agriculture. Volume IV, section 4156.
A bill affecting the internal-revenue tax on oleomargarine has been
reported from the Committee on Agriculture. Volume II, section 1455.
While the Committee on Agriculture has jurisdiction of revenue
legislation affecting oleomargarine, the Ways and Means Committee has
retained jurisdiction as to revenue bills affecting tobacco, lard,
cheese, etc. Volume IV, section 4022.
The Committee on Agriculture has exercised a general but not exclusive
jurisdiction of legislation relating to imitation dairy products,
manufacture of lard, etc. Volume IV, section 4156.
Bills providing for the standardization in quality, weight, and measure
of agricultural products and breadstuffs have been considered by the
Committee on Agriculture. Volume VII, section 1868.
The compilation and dissemination of statistics and reports on
agricultural products are subjects within the jurisdiction of the
Committee on Agriculture. Volume VII, section 1872.
The cooperative marketing and distribution of farm products, the
disposition of surplus agricultural products abroad, proposed
legislation for the stabilization and control of prices of foodstuffs,
and for the establishment of governmental agencies for the
administration of such legislation are within the jurisdiction of the
Committee on Agriculture. Volume VII, section 1871.
Investigation of the Department of the Interior and the Department of
Agriculture has been considered to be within the jurisdiction of the
Committee on Agriculture. Volume VII, section 1877.
The animal industry, inspection of livestock and meat products, and
diseases of animals are subjects within the jurisdiction of the
Committee on Agriculture. Volume IV, section 4154.
AGRICULTURE, COMMITTEE ON--Continued.
Bills for the stimulation of production, sale, and distribution of
livestock products and the authorization of appropriations for
international conferences on poultry and poultry products have been
reported by the Committee on Agriculture. Volume VII, section 1867.
The Committee on Agriculture has reported as to the regulation of
importation and inspection of livestock and dairy products, and the
establishment and maintenance of quarantine stations for that purpose.
Volume VII, section 1862.
The control of stockyards and packing plants and the regulation of
interstate and foreign commerce in livestock, dairy, and livestock
products, poultry and poultry products, are subjects within the
jurisdiction of the Committee on Agriculture. Volume VII, section 1869.
The adulteration of seeds, insect pests, protection of birds and
animals in forest preserves, grading of grain, etc., are subjects
within the jurisdiction of the Committee on Agriculture. Volume IV,
section 4157.
The adulteration of agricultural products and their importation and
control are subjects within the jurisdiction of the Committee on
Agriculture. Volume VII, section 1873.
Bills to prevent the adulteration, misbranding, manufacture, sale, or
transportation of foods, drugs, medicines, and liquors have
occasionally been reported by the Committee on Agriculture. Volume VII,
section 1874.
The subject of improving the breed of horses, even with the improvement
of the cavalry as an object, belongs to the jurisdiction of the
Committee on Agriculture. Volume IV, section 4158. Volume VII, section
1865.
Bills to incorporate certain agricultural societies have been reported
by the Committee on Agriculture. Volume IV, section 4159.
Bills to discourage fictitious and gambling transactions in farm
products have been considered within the jurisdiction of the Committee
on Agriculture, even when an internal-revenue question was included.
Volume IV, section 4161. Volume VII, section 1861.
The Committee on Agriculture has jurisdiction of subjects relating to
timber, and forest reserves other than those created from the public
domain. Volume IV, section 4160.
The Committee on Agriculture exercises jurisdiction over bills relating
to the purchase, protection, and reforestation of watersheds of
navigable streams and cooperation between the States or on the part of
the Federal Government with the States for such purposes. Volume VII,
section 1876.
The protection of migratory birds, the establishment of refuges for
that purpose, and the regulation of hunting and shooting grounds in
that connection are subjects within the jurisdiction of the Committee
of Agriculture. Volume VII, section 1870.
The Committee on Agriculture has reported bills providing for the
purchase of land to be used for quarantine stations, experiment
stations, forest reserves, and watersheds. Volume VII, section 1864.
Legislation relating to the Weather Bureau is within the jurisdiction
of the Committee on Agriculture. Volume IV, section 4151.
The subject of agricultural colleges and experiment stations is within
the jurisdiction of the Committee on Agriculture. Volume IV, section
4152.
Bills relating to the subject of farm risk insurance have been referred
to the Committee on Agriculture. Volume VII, section 1875.
Bills providing for loans to farmers under emergency conditions have
been reported by the Committee on Agriculture. Volume VII, section
1866.
The subject of a highway commission has been considered by the
Committee on Agriculture. Volume IV, section 4153.
The bills for establishing the Department of Agriculture and for
transferring certain bureaus to it were reported by the Committee on
Agriculture. Volume IV, section 4150.
AID OR COMFORT.
As to the meaning of the words ``aid or comfort'' as used in the
fourteenth amendment to the Constitution. Volume VI, section 57.
A Member-elect found to have obstructed the Government in the
prosecution of war, and to have given aid and comfort to its enemies,
was declared ineligible to membership in the House. Volume VI, section
58.
AIKEN.
The South Carolina election case of Stolbrand v. Aiken in the Forty-
seventh Congress. Volume I, section 719.
ALABAMA.
Election cases from in the House:
Forty-second Congress.--Norris v. Handley. Volume II, section 887.
Forty-fourth Congress.--Bromberg v. Haralson. Volume II, sections 905-
907.
Forty-seventh Congress.--Mabson v. Oates. Volume I, section 725.
Forty-seventh Congress.--Jones v. Shelley. Volume I, section 714.
Forty-seventh Congress.--Smith v. Shelley. Volume II, section 965.
Forty-seventh Congress.--Strobach v. Herbert. Volume II, sections 966,
967.
Forty-seventh Congress.--Lowe v. Wheeler. Volume II, sections 961-964.
Forty-eighth Congress.--Craig v. Shelley. Volume II, section 995.
Fiftieth Congress.--McDuffie v. Davidson. Volume II, sections 1007,
1008.
Fifty-first Congress.--Threet v. Clark. Volume II, section 1025.
Fifty-first Congress.--McDuffie v. Turpin. Volume II, sections 1030,
1031.
Fifty-second Congress.--McDuffie v. Turpin. Volume II, section 1043.
Fifty-third Congress.--Whatley v. Cobb. Volume II, section 1046.
Fifty-fourth Congress.--Goodwyn v. Cobb. Volume I, sections 720, 721.
Fifty-fourth Congress.--Aldrich v. Robbins. Volume II, sections 1064,
1065.
Fifty-fourth Congress.--Robinson v. Harrison. Volume II, section 1068.
Fifty-fourth Congress.--Aldrich v. Underwood. Volume II, sections 1091-
1094.
Fifty-fifth Congress.--Clark v. Stallings. Volume I, section 747.
Fifty-fifth Congress.--Comer v. Clayton. Volume I, section 745.
Fifty-fifth Congress.--Aldrich v. Plowman. Volume II, section 1097.
Fifty-fifth Congress.--Crowe v. Underwood. Volume II, section 1101.
Fifty-sixth Congress.--Aldrich v. Robbins. Volume II, sections 1115,
1116.
Fifty-seventh Congress.--Spears v. Burnett. Volume II, section 1119.
Election cases, from, in the Senate:
Forty-second Congress.--Goldthwaite, Blodgett, and Norwood. Volume I,
sections 393, 394.
Forty-third Congress.--Sykes v. Spenser, Volume I, sections 342-344.
Forty-fifth Congress.--John J. Morgan. Volume I, section 359.
The Senate election case of Heflin v. Bankhead, of Alabama, in the
Seventy-second Congress. Volume VI, section 188.
ALASKA.
The election case of Mottrom D. Ball, claiming a seat as Delegate from
Alaska in the Forty-seventh Congress. Volume I, section 411.
The Alaska election case of Wickersham v. Sulzer and Grigsby in the
Sixty-sixth Congress. Volume VI, section 113.
The Alaska election case of Wickersham v. Sulzer in the Sixty-fifth
Congress. Volume VI, section 147.
An exception allows nine months within which to report contested
election cases from the Territory of Alaska. Volume VIII, section 2277.
The Committee on the Territories has jurisdiction of general subjects
relating to the District of Alaska. Volume IV, section 4210.
ALASKA--Continued.
The Committee on the Territories has jurisdiction of general subjects
relating to the Territory of Alaska. Volume VIII, section 1943.
The Committee on the Territories has exercised a general but not
exclusive jurisdiction as to game and fish in Alaska, including the
salmon fisheries. Volume IV, section 4211.
The Committee on Ways and Means has exercised jurisdiction as to the
seal herds and other revenue-producing animals of Alaska. Volume IV,
section 4025.
The Committee on Ways and Means no longer exercises jurisdiction as to
the seal herds and other revenue producing animals of Alaska. Volume
VII, section 1725.
Jurisdiction over bills relating to the protection of seals and other
fur-bearing animals of Alaska, formerly exercised by the Committee on
Ways and Means, has now been transferred to the Committee on the
Merchant Marine and Fisheries. Volume VII, section 1851.
Bills relating to Alaskan fisheries belong to the Committee on the
Merchant Marine and Fisheries rather than to the Committee on the
Territories. Volume VII, section 1850.
The Committee on Public Lands has exercised jurisdiction over the
public lands of Alaska, including grants to public service
corporations. Volume IV, section 4196.
The Committee on the Judiciary has exercised jurisdiction of bills
relating to local courts in the District of Columbia and Alaska, and
the Territories. Volume IV, section 4068.
A bill providing for agricultural entries of coal lands in Alaska was
held to be privileged as a reservation of the public lands for actual
settlers. Volume VIII, section 2290.
A statute authorizing certain bureau work in the United States was held
not to authorize an extension of that work to the Territory of Alaska.
Volume VII, section 1224.
The building of roads in Alaska under a law providing for their
construction from the ``Alaska fund'' was held not to be such a work in
progress as to warrant an appropriation on an appropriation bill.
Volume VII, section 1340.
An amendment providing for the completion and maintenance of roads,
bridges, and trails in Alaska held not to fall within the rule that
appropriations may be made on an appropriation bill for a work in
progress. Volume VII, section 1333.
ALCOHOLIC LIQUOR TRAFFIC, COMMITTEE ON.
The creation and history of the Committee on Alcoholic Liquor Traffic,
section 28 of Rule XI. IV, section 4305.
History of the former Committee on Alcoholic Liquor Traffic, section 33
of Rule XI. Volume VII, section 2029.
The rules gives to the Committee on Alcoholic Liquor Traffic
jurisdiction of subjects relating ``to alcoholic liquor traffic''
Volume IV, section 4305.
Illustrations of the jurisdiction of the Committee on Alcoholic Liquor
Traffic. Volume IV, section 4306.
The regulation of the traffic in intoxicating liquors, etc., through
control of interstate commerce relations, is within the jurisdiction of
the Committee on the Judiciary. Volume IV, section 4061.
ALDERSON.
The West Virginia election case of McGinnis v. Alderson in the Fifty-
first Congress. Volume VII, section 1036.
ALDRICH.
The Alabama election case of Aldrich v. Robbins in the Fifty-fourth
Congress. VII, sections 1064, 1065.
The Alabama election case of Aldrich v. Underwood in the Fifty-fourth
Congress. VII, sections 1091-1094.
The Alabama election case of Aldrich v. Plowman in the Fifty-fifth
Congress. VII, section 1097.
ALDRICH--Continued.
The Alabama election case of Aldrich v. Robbins in the Fifty-sixth
Congress. VII, sections 1115, 1116.
ALEXANDER, JOSHUA W., of Missouri, Speaker pro tempore and Chairman.
Decisions on questions of order relating to--
Appropriation bill. VIII, section 1233.
Germaneness. VIII, section 3059.
Holman Rule. VII, section 1539.
Question of consideration: VII, section 948.
ALIEN OWNERSHIP
The Committee on Mines and Mining has reported on the subject of alien
ownership of mineral lands. IV, section 4227.
The forfeiture of land grants and alien ownership of land have been
considered by the Public Lands Committee, although the Judiciary
Committee has also participated in the jurisdiction of certain land
questions. IV, section 4201.
ALIEN PROPERTY.
Control and disposition of alien property held by the United States,
and the adjudication of conflicting claims of American subjects against
foreign governments and foreign subjects against the United States are
within the jurisdiction of the Committee on Ways and Means. VII,
section 1737.
ALIENS.
As to what is meant by a common-law jurisdiction justifying a court to
naturalize aliens under the act of Congress. VII, section 998.
The presence of names on a list of foreign citizens enrolled under
authority of a treaty was held prima facie evidence of disqualification
for voting. Volume I, section 830.
A committee held that under the principles of the common law an alien
might not hold a seat as a Delegate. VI, section 423.
An alien naturalized by a State court not expressly empowered by the
United States statute so to do, was yet held to be qualified as a
citizen. VI, section 421.
Reference to Senate rule that no alien may offer a petition directly to
the Senate. IV, section 3328.
The residence, deportation, and readmission of aliens, and the taxation
of immigrants admitted to the United States, are subjects within the
jurisdiction of the Committee on Immigration and Naturalization. VII,
section 2039.
The immigration of aliens to Hawaii and Porto Rico is a subject within
the jurisdiction of the Committee on Immigration and Naturalization.
VII, section 2040.
``ALL THE PEOPLE.''
Comment on the use of the phrase ``all the people'' in the pleadings in
an impeachment case, VIII, section 2431.
ALLEN, EDWARD P., of Michigan, Chairman.
Decisions on questions of order relating to--
Appropriation bills. Volume IV, sections 3554-3558.
Committee of the Whole. Volume IV, section 4784.
Jurisdiction of committees. Volume IV, section 4042.
Previous questions. Volume V, section 5486.
ALLEN, ELECTION CASES OF.
The Ohio election case of Wm. Allen in the Twenty-third Congress.
Volume I, section 729.
The Illinois election case of Archer v. Allen in the Thirty-fourth
Congress. Volume I, section 824.
ALLEN, ELECTION CASES OF--Continued.
The Mississippi election case of Brown v. Allen in the Fifty-fourth
Congress. Volume I, section 754.
ALLEN, JAMES C., Clerk.
Decisions on questions of order relating to--
Adjourn, motion to. Volume V, section 5363.
Election of a Speaker. Volume I, section 219.
Lay on the table, motion to. Volume V, section 5390.
Organization. Volume I, section 71.
Recognition. Volume I, section 74.
Yielding the floor. Volume V, section 5040.
ALLOWANCES.
Discussion of various services of the House, including the House
restaurant, House barber shops, and stationery and mileage allowances
of Members. Volume VI, section 216.
The disposition of stationery allowance to Members through the
stationery room. Volume VI, section 213.
Bills relating to allowances on internal-revenue duties are reported by
the Committee on Ways and Means. Volume VII, section 1734.
ALMSHOUSE.
Discussion of the qualifications as voters in respect to residence of
paupers in an almshouse. Volume I, section 814.
AMBASSADORS.
A statute prohibiting the creation of new ambassadorships except by act
of Congress is in contravention of the President's constitutional
prerogatives and will not support a point of order against an
appropriation for the salary of an ambassadorship not created by act of
Congress but appointed by the President and confirmed by the Senate.
Volume VII, section 1248.
An appropriation for transportation and subsistence of diplomatic and
consular officers en route to and from their posts was held to be in
order on an appropriation bill. Volume VII, section 1251.
Where a statute authorizes a diplomatic mission to a designated
government it is in order to appropriate for the salary of diplomatic
officers thereto prior to their appointment by the President. Volume
VII, section 1248.
In the absence of an actual appointment by the President, or of
confirmation of such appointment by the Senate, an appropriation for
the salary of a minister to a country to which a statute authorizes the
appointment of an ambassador is subject to a point of order. Volume
VII, section 1248.
Secretary Mellon having been nominated and confirmed as ambassador to a
foreign country and having resigned as Secretary of the Treasury, the
House declined to authorize an investigation. Volume VI, section 540.
The Speaker is required to set aside a portion of the west gallery for
the use of the President, Members of his Cabinet, Justices of the
Supreme Court, and foreign ministers and suites, and their respective
families. Volume V, section 7302.
Ministers from foreign governments and governors of States (but not of
Territories) have the privilege of the floor. Volume V, section 7283.
AMENDMENTS. See also ``Substitute Amendments.''
(1) Motion for.--Form and presentation of.
(2) Motion for.--Precedence of.
(3) Motion for.--In relation to other motions.
(4) Motion for.--Amendment to be perfected before agreed to.
(5) Motion for.--Striking out and inserting.
(6) Motion for.--The substitute. See also ``Substitute Amendments.''
AMENDMENTS--Continued.
(7) Motion for.--Power of Speaker and Members as to.
(8) Motion for.--Withdrawal.
(9) Motion for.--As related to the previous question.
(10) Motion for.--As related to debate.
(11) Motion for.--Related to suspension of the rules and special
orders.
(12) Motion for.--Relation to points of order.
(13) Motion for.--As to proposition in an impeachment trial.
(14) Of bills.--In standing and select committees.
(15) Of bills.--Procedure in the House.
(16) Of bills.--In relation to motions to lay on the table, refer, and
recommit.
(17) Of bills.--In Committee of the Whole.
(18) Of bills.--Action on when reported from Committee on the Whole.
(19) Of bills.--In the House as in Committee of the Whole.
(20) Of bills.--GPerfecting paragraphs proposing legislation on general
appropriation bills.
(21) Of bills.--By the Senate generally.
(22) Of bills.--By the Senate in revenue matters.
(23) Of bills.--Senate amendments in relation to precedence of motions.
(24) Of bills.--Senate amendments considered in the House.
(25) Of bills.--GSenate amendments not to change text to which both
Houses have agreed.
(26) Of bills.--Senate amendments and principles as to receding in
relation thereto.
(27) Of bills.--Senate amendments and principles as to adherence in
relation thereto.
(28) Of bills.--Senate amendments and conferences thereon.
(29) Germane amendments.--Rule and general principles.
(30) Germane amendments.--Practice as to, in relation to various
propositions.
(31) Germane amendments.--Should relate to paragraph or section bill.
(32) Germane amendments.--An individual proposition not to be amended
by another.
(33) Germane amendments.--Specific subject not to be amended by general
matters.
(34) Germane amendments.--GGeneral subject may be amended by individual
propositions.
(35) Germane amendments.--Decisions on matters amending existing law.
(36) Germane amendments.--Time limitations on effective dates of
legislation.
(37) Germane amendments.--Limitation, exceptions, etc.
(38) Germane amendments.--GAs related to legislative and other
propositions on appropriation bills. See also ``Appropriations.''
(39) Germane amendments.--Decisions relating to revenue matters.
(40) Germane amendments.--Decisions relating to immigration.
(41) Germane amendments.--Decisions relating to the public lands.
(42) Germane amendments.--Decisions relating to clerks, officers, etc.
(43) Germane amendments.--Decisions relating to judges and the courts.
(44) Germane amendments.--Decisions relating to the District of
Columbia.
(45) Germane amendments.--Decisions relating to agriculture.
(46) Germane amendments.--Decisions relating to commerce and labor.
(47) Germane amendments.--Decisions relating to army and navy.
(48) Germane amendments.--Decisions relating to President, Members of
Congress, etc.
(49) Germane amendments.--General decisions holding germane.
(50) Germane amendments.--General decisions holding not germane.
AMENDMENTS--Continued.
(51) Examples of a amendments not germane.--Unrelated subjects.
(52) Examples of a amendments not germane.--On appropriation bills.
(53) Of the Journal.--As related to reading and approval.
(54) Of the Journal.--As related to actual transactions.
(55) Of the Journal.--Epunging and rescinding.
(56) Of the Journal.--Reasons not included.
(57) Of the Journal.--May not insert excluded matter by indirection.
(58) Of the Journal.--Record of.
(59) Of articles of impeachment.
(60) Of the Constitution.--In general.
(61) Of the Constitution. Voting on.
(62) Of the Constitution. Jurisdiction of committees as to.
(I) Motion for.--Form and Presentation of.
Under the rule relating to amendments four motions may be pending at
once--to amend, to amend the proposed amendments, to amend by a
substitute, and to amend the substitute. Volume V, section 5753.
It was settled by the practice of the House, before the adoption of the
rule, that there might be pending with the amendment and the amendment
to it another amendment in the nature of a substitute and an amendment
to the substitute. Volume V, section 5785.
There may be pending simultaneously, the original text, an amendment to
the text, an amendment to the amendment, a substitute for the amendment
and an amendment to the substitute. Volume VIII, section 2883.
There may pending with the amendment, and the amendment to it, another
amendment in the nature of a substitute and an amendment to the
substitute. Volume VIII, section 2887.
It is not in order to offer more than one motion to amend at a time.
Volume V, section 5755.
An amendment having been read for information by consent must again be
read for consideration and is not pending until so reported. Volume
VIII, section 2339.
An exceptional instance wherein the Chair entertained a motion that the
Clerk be directed to read a pending paragraph as it would read if
modified by a proposed amendment. Volume VII, section 1050.
Two independent amendments may be voted on together only by unanimous
consent. Volume V, section 5979.
An amendment in the third degree is not permissible. Volume V, section
5754. Volume VIII, section 2580.
In considering an amendment to a committee amendment, an amendment in
the nature of a substitute for the pending amendment was not admitted,
being in the third degree. Volume VIII, section 2891.
A substitute for an amendment to an amendment is in the third degree
and is not permissible. Volume VIII, section 2889.
While there may be pending an amendment, an amendment to it, and
another amendment in the nature of a substitute, an amendment in the
third degree may not be admitted under the guise of a substitute.
Volume VIII, section 2888.
Under provision by special order that an amendment be read and
considered in lieu of the bill, the amendment is treated as original
text and is subject to amendment in the second degree. Volume VII,
section 783.
When a special order provides for the consideration of an amendment as
the original bill, the amendment and not the bill is read when called
up for consideration. Volume VII, section 784.
The formal amendment striking out the last word in not in order in
considering an amendment to a substitute, being in the third degree.
Volume V, section 5779.
An amendment proposing expulsion of a Member was agreed to by a
majority vote, but on the proposition as amended a two-thirds vote was
required. Volume II, section 1274.
AMENDMENTS--Continued.
(1) Motion for.--Form and Presentation of--Continued.
Amendments must be reduced to writing on demand and the Committee of
the Whole is not required to delay its proceedings in order to permit
the writing of a proposed amendment even though during the delay thus
occasioned the section to which the amendment is proposed may be passed
in reading and so preclude consideration of the amendment. Volume VIII,
section 2827.
Amendments are required to be reduced to writing on demand in their
entirety and if any portion of a proposed amendment remains to be
filled in, it is not in order. Volume VIII, section 2828.
Amendments are sometimes submitted orally, but on demand must be
reduced to writing and sent to the Clerk's desk. Volume VIII, sections
2826, 2829.
The rule requiring motions to be reduced to writing on the demand of a
Member applies to amendments as to other motions and is applicable in
the Committee of the Whole as in the House. Volume VIII, section 2826.
A Member may not offer as an amendment a paper already in possession of
the House, and consequently a part of the files of the House. Volume V,
section 7265.
A Member may not offer as an amendments a paper already offered by
another Member and in possession of the Clerk. Volume V, sections 7266,
7267.
The question of admitting an amendment should be decided from the
provisions of its text rather than from purposes which circumstances
may suggest. Volume IV, section 3998.
The question on agreeing to committee amendments is put by the Chair
without motion from the floor. Volume V, section 5772.
Amendments recommended by the committee reporting a bill must be passed
upon by the House and portions of the bill recommended to be stricken
out remain in the bill until acted upon by the House and must be read
with the remainder of the bill at the first reading, even though
omitted in the committee print. Volume VIII, section 2865.
Under a special order providing that certain amendments shall be voted
on, it is not necessary that such amendments be offered and the Chair
will put the question without motion from the floor. Volume VII,
section 782.
Where a special order provided for a vote on an amendment at a
designated time, the Chairman at the time put the question, and pending
amendments to the amendment were not acted upon. Volume VII, section
795.
(2) Motion for.--Precedence of.
A demand for the previous question takes precedence of a motion to
amend. Volume VIII, section 2660.
The motion to refer, the previous question not being ordered, has
precedence of the motion to amend. Volume V, section 5555. Volume VI,
section 373.
The motion to amend is not entertained while the motion to refer is
pending. Volume VI, section 373.
Amendments reported by a committee are acted on before those offered
from the floor. Volume V, section 5773 Volume VIII, section 2862.
The question as to the extent to which the chairman of the committee
reporting a bill should be recognized to offer amendments to perfect it
in preference to other Members. Volume II, section 1450.
The Member in charge of the bill is entitled to prior recognition to
offer amendments. Volume VI, section 296.
The motion to strike out the enacting words (which is authorized in a
rule relating to the Committee of the Whole) has precedence of a motion
to amend. Volume V, section 5326.
The motion to strike out the enacting clause has precedence of the
motion to amend, and may be offered while an amendment is pending.
Volume V, sections 5328-5331.
AMENDMENTS--Continued.
(2) Motion for.--Precedence of--Continued.
The motion to strike out the enacting words has precedence of a motion
to amend. Volume VIII, section 2622.
The motion to strike out the enacting clause has precedence of the
motion to amend, and may be offered while an amendment is pending.
Volume VIII, section 2624.
The motion to strike out the enacting clause has precedence of a motion
to amend. Volume VIII, section 2626.
While the motion to strike out the enacting clause is pending in the
Committee of the Whole the pro forma amendment to strike out the last
word is not entertained. Volume VIII, section 2627.
After reading for amendment has begun in the Committee of the Whole the
motion to strike out the enacting clause is in the order at any time
until the stage of amendment has been passed. Volume VIII, section
2367.
As the motion to strike out the enacting clause is not in order until
the first section of a bill has been read, or after reading for
amendment has been concluded, where a bill contained but one paragraph
the motion was entertained at the conclusion of the reading of the
bill. Volume VIII, section 2618.
The motion to strike out the enacting clause is a motion to amend and
yields to the motion to refer when reported to the House from the
Committee of the Whole. Volume VIII, section 2634.
A motion to strike out the enacting clause is, in effect, a
preferential amendment, and in order at any time recognition is secured
to offer it during the reading of the bill for amendment. Volume VII,
section 787.
The motion to strike out the enacting clause has the status of a motion
to amend and is governed by the same rules of debate. Volume VIII,
section 2627.
In Committee of the Whole a motion to amend a bill has precedence over
a motion to rise and report it. Volume IV, sections 4752-4758.
A motion to rise and report with the recommendation that the enacting
clause be stricken out is in order at any time after the reading of the
bill begins and before the stage of amendment has been passed, and
takes precedence over the motion to rise and report with favorable
recommendation. Volume VIII, section 2620.
In Committee of the Whole the motion to recommend postponement to a day
certain has precedence of the motion to amend. Volume VIII, section
2615.
In Committee of the Whole, under the five-minute rule, the right to
explain or oppose an amendment has precedence over a motion to amend
it. Volume IV, section 4751.
In Committee of the Whole the simple motion that the committee rise has
precedence of the motion to amend. Volume IV, section 4770.
A perfecting amendment, has precedence of a motion to strike out and
must go first voted on when both are pending, but a member recognized
on a motion to strike out may not be deprived of the floor by another
member proposing a perfecting amendment. Volume VIII, section 2860.
An amendment to perfect the pending section takes precedence of an
amendment offered as a new paragraph. Volume VIII, section 2868.
The transaction of business is not in order before the reading of the
Journal even for the purpose of amending the title of a bill which has
passed of the preceding day. Volume IV, section 2751.
(3) Motion for.--In Relation to Other Motions.
With some exceptions an amendment may attach itself to secondary and
privileged motions. Volume V, section 5754.
The motions to postpone, refer, amend, for a recess, and to fix the day
to which the House shall adjourn may be amended. Volume V, section
5754.
The motion to postpone to a day certain is subject to amendment. Volume
VIII, section 2824.
AMENDMENTS--Continued.
(3) Motion for.--In Relation to Other Motions.--Continued.
An amendment may not attach to the motion for the previous question or
the motion to lay on the table and adjourn when used in the House.
Volume V, section 5754.
The motion to strike out the enacting clause is not subject to
amendment. Volume VIII, section 2626.
A second motion to strike out the enacting clause is not entertained in
the absence of any material modification of the bill. Volume VIII,
section 2636.
A second motion to strike out the enacting clause is in order only when
the bill has been materially modified by amendment. Volume VIII,
section 2635.
A special order providing that a bill should be considered for
amendment under the 5-minute rule was construed to admit the motion to
strike out the enacting clause. Volume VII, section 787.
A bill is not considered in the practice of the House passed or an
amendment agreed to if a motion to reconsider is pending, the effect of
the motion to reconsider being to suspend the original proposition.
Volume V, section 5704.
When the vote whereby an amendment has been agreed to is reconsidered
the amendment becomes simply a pending amendment. Volume V, section
5704.
A motion to lay on the table a motion to reconsider the vote by which
has amendment to a pending motion was rejected does not carry to the
table the motion to which the amendment was offered. Volume VIII,
section 2659.
The motion to reconsider the vote on a proposition having been once
agreed to, and the said vote having again been taken, a second motion
to reconsider may not be made unless the nature of the proposition has
been changed by amendments. Volume V, sections 5685-5688.
The House decided (overruling the Speaker) that the motion to
reconsider the vote on a proposition having been once agreed to, and
the vote having again been taken, a second motion to reconsider may not
be made unless the nature of the proposition has been changed by
amendment. Volume VIII, section 2788.
After the passage of a bill, reconsideration of the vote on any
amendment thereto may be secured only by motion to reconsider the vote
by which the bill was passed. Volume VIII, section 2789.
The ordinary motion to commit may be amended as by adding instructions,
unless such amendment is prevented by moving the previous question.
Volume V, section 5521.
When it is proposed to refer with instructions an amendment to the
instructions should be germane thereto. Volume V, section 6888.
The motion to take up a bill out of its order in the consideration of
business on the Private Calendar is not debatable and may not be
amended. Volume VIII, section 2333.
In the House the motion to adjourn has not be amended, as by specifying
to a particular day. Volume V, section 5360.
The motion to fix the day to which the House shall adjourn may be
amended. Volume V, section 5383.
The motion to fix the day to which the House shall adjourn may not be
amended by substituting the day on which it would meet after agreeing
to a simple motion to adjourn. Volume V, section 5382.
A motion may be withdrawn in the House, although an amendment to it may
have been offered and may be pending. Volume V, section 5347.
It is not in order for a Member to amend or modify a motion which he
has offered in the Committee of the Whole except by unanimous consent.
Volume VIII, section 2564.
Motions to change the reference of public bills are not open to debate
or subject to amendments. Volume IV, section 4378.
A motion for a change in the reference of a public bill may be amended
but the amendment, like the original motion, is subject to the
requirement that it be authorized by the proper committee. Volume VII,
section 2127.
AMENDMENTS--Continued.
(3) Motion for.--In Relation to Other Motions.--Continued.
The motion to resolve into Committee of the Whole is not subject to
amendment. Volume VI, section 725.
The motion to resolve into Committee of the Whole to consider a
privileged bill is not amendable. Volume VI, sections 52, 724.
The motion to resolve into Committee of the Whole to consider a
privileged bill is not amendable or debatable. Volume IV, sections
3078, 3079.
The motion to go into the Committee of the Whole to consider a general
appropriation bill may not be amended by a nonprivileged proposition.
Volume VI, section 723.
A motion in the Committee of the Whole House to take up for
consideration a designated bill is not subject to amendment and is not
debatable. Volume VIII, section 2865.
The Committee of the Whole has no authority to modify an order of the
House. Volume VIII, section 2321.
The Committee of the Whole may not alter an order of the House, and the
Chairman is not authorized to entertain requests to that effect. Volume
VIII, section 2323.
Amendments changing immaterially the limit of time in a motion to close
debate were ruled out as dilatory. Volume VIII, section 2817.
The motion in Committee of the Whole that a bill be laid aside with a
favorable recommendation is not amendable, but may be displaced by a
preferential motion. Volume VI, section 4774.
Motions for the election of Members to committees are debatable and are
subject to amendment. Volume VIII, section 2172.
(4) Motion for.--Amendment to be Perfected Before Agreed to.
When it is proposed to amend by inserting a paragraph, it should be
perfected by amendment before the question is put on inserting. Volume
V, section 5758.
After a vote to insert a new section in a bill, it is too late to
perfect the section by amendment. Volume VIII, section 2857.
After a vote to insert a proposition in a bill it is too late to
perfect the proposition by amendment. Volume VIII, section 2852.
When it is proposed to perfect a paragraph the motions to insert or
strike out, if already pending, must remain in abeyance until the
amendments to perfect have been moved and voted on. Volume V, section
5758.
It is in order to perfect words proposed to be stricken out and a
perfecting amendment is admissible after debate on the motion to strike
out has begun. Volume VIII, section 2861.
After a vote to insert a new section in a bill it is too late to
perfect the section by amendment. Volume V, sections 5761, 5762.
It is not in order to amend an amendment agreed to by the House. Volume
VIII, section 2856.
It is not in order to amend an amendment that has been agreed to, but
the amendment with other words of the original paragraph may be
stricken out in order to insert a new text of a different meaning.
Volume V, section 5763.
Words inserted by amendment may not afterwards be changed. Volume VIII,
section 2853.
Words inserted by amendment may not afterwards be changed, except that
a portion of the original paragraph including the words so inserted may
be stricken out if in effect it presents a new proposition, and a new
coherence may also be inserted in place of that stricken out. Volume V,
section 5758.
Words inserted by amendment may not afterwards be changed. It is not in
order to strike out an amendment already agreed to by the House. Volume
VIII, section 2853.
While it is not in order to strike out a portion of an amendment once
agreed to, yet words may be added to the amendment. Volume V, sections
5764, 5765.
AMENDMENTS--Continued.
(4) Motion for.--Amendment to be Perfected Before Agreed to--Continued.
While an amendment which has been agreed to may not be modified, a
proposition to strike it from the bill with other language of the
original text is in order. Volume VIII, section 2855.
Words embodying a distinct substantive proposition being agreed to as
an amendment, it is not in order to amend by striking out a part of
those words with other words. Volume V, section 5766.
Words once inserted in a paragraph by way of amendment may not be
stricken out by another motion to amend, but words on the same subject,
even though inconsistent, may be added to the paragraph. Volume V,
section 5759.
(5) Motion for.--Striking Out and Inserting.
The motion to strike out and insert is a perfecting amendment and takes
precedence of a simple motion to strike out. Volume VIII, section 2849.
An amendment which by striking out words would change a privileged
proposition to an unprivileged proposition was held not to be in order.
Volume VIII, section 2919.
While amendments are pending to the section a motion to strike it out
may not be offered. Volume V, section 5771.
A bill being under consideration by paragraphs, a motion to strike out
was held to apply only to the paragraph under consideration. Volume V,
section 5774.
A rule of the House provides that even though a motion to strike out a
proposition be decided in the negative, yet the proposition may be
amended, even by a motion to strike out and insert. Volume V, section
5767.
When it is proposed to strike out a paragraph it should be perfected by
amendment before the question is put on striking out, although if the
motion to strike out fails amendments may still be offered. Volume V,
section 5758.
It is not in order to strike out a paragraph previously inserted by
amendment. Volume VIII, section 2854.
A motion to strike out an amendment just inserted is not in order.
Volume VIII, section 2851.
An amendment to strike out an amendment already adopted is not in
order. Volume VIII, section 2712.
It is not in order to strike out an amendment already agreed to by the
House. Volume VIII, section 2987.
While an amendment which has been agreed to may not be modified, a
proposition to strike it from the bill with other language of the
original text is in order. Volume VIII, section 2855.
When it is proposed to strike out certain words in a paragraph it is
not in order to amend by adding to them other words of the paragraph.
Volume V, section 5768.
When it is proposed to strike out certain words in a paragraph, it is
not in order to amend by adding to them other words of the paragraph.
Volume VIII, section 2848.
A motion to strike out a paragraph being pending, and the paragraph
then being perfected by an amendment in the nature of a substitute, the
motion to strike out necessarily falls. Volume V, section 5792. Volume
VIII, section 2854.
To a motion to insert words in a bill, a motion to strike out certain
words of the bill may not be offered as a substitute. Volume V, section
5790.
A motion to strike out certain words being disagreed to, it is in order
to strike out a portion of those words. Volume V, section 5769.
It is in order to perfect words proposed to be stricken out by striking
out a portion of them. Volume V, section 5770.
It is in order to insert by way of amendment a paragraph similar (if
not actually identical) to one already stricken out by amendment.
Volume V, section 5760.
The motion to strike out and insert may not be divided for the vote.
Volume V, section 5767.
AMENDMENTS--Continued.
(5) Motion for.--Striking Out and Inserting--Continued.
A negative vote on a motion to strike out and insert does not prevent
the offering of another similar motion or a simple motion to strike
out. Volume V, section 5758.
(6) Motion for.--The Substitute. See also ``Substitute Amendments.''
History of the evolution of the amendment in the nature of a
substitute. Volume V, section 5753.
A substitute can be entertained only after an amendment is pending.
Volume VIII, section 2883.
To qualify as a substitute an amendment must treat in the same manner
the same subject matter carried by the text for which proposed. Volume
VIII, section 2879.
Under the recent practice of the House the substitute provided for in
Rule XIX has been construed as a substitute for the amendment and not a
substitute for the text. Volume VIII, section 2883.
A proposition to strike out all after the first two words of an
amendment and insert a new text in lieu thereof was held to be an
amendment and not a substitute. Volume VIII, section 2882.
Form of a substitute amendment for the text of an entire bill
(footnote). Volume V, section 5785.
An amendment in the nature of a substitute for the entire bill may be
offered either at the end of the bill or after the reading of the first
paragraph with notice that if agreed to motions will be made to strike
out the remaining paragraphs. Volume VIII, section 2426.
If the Committee of the Whole perfect a bill by amendment and then
adopt a substitute for the entire bill, only the substitute is reported
to the House, and if the House rejects the substitute the original bill
without amendment is before the House. Volume VIII, section 2426.
A substitute for an entire bill may be offered only after the first
paragraph has been read or after the reading of the bill for amendment
has been concluded. Volume VIII, section 2905.
An amendment in the nature of a substitute having been agreed to, the
vote is then taken on the original proposition as amended by the
substitute. Volume V, sections 5799, 5800.
After an amendment in the nature of a substitute is agreed to, the
question must then be taken on the original proposition as amended.
Volume II, section 983.
After an amendment in the nature of a substitute is agreed to, the vote
must then be taken on the original proposition as amended by the
substitute (footnote). Volume V, section 5785.
Both an original proposition and a proposed amendment in the nature of
a substitute may be perfected by amendments before the vote is taken on
the substitute. Volume V, section 5786.
A substitute amendment may be amended by striking out all after its
first word and inserting a new text. Volume V, sections 5793, 5794.
When it is proposed to offer a single substitute for several paragraphs
of a bill which is being considered by paragraphs, the substitute may
be moved to the first paragraph, with notice that if it be agreed to,
motions will be made to strike out the remaining paragraphs. Volume V,
section 5795.
An amendment striking out language other than in the pending amendment
is not in order as a substitute for an amendment inserting language.
Volume VIII, section 2880.
When an amendment is pending only one substitute for the amendment is
in order. Volume VIII, section 2883.
It is in order to propose as a substitute for a section an amendment
inserting the same section with modifications and omitting amendments
to the section previously agreed to by the Committee of the Whole.
Volume VIII, section 2905.
AMENDMENTS--Continued.
(6) Motion for.--The Substitute--Continued.
An amendment in the nature of a substitute may be proposed before
amendments to the original text have been acted on, but may not be
voted on until such amendments have been disposed of. Volume V, section
5787.
An amendment in the nature of a substitute may not be voted on until
the original matter is perfected. Volume V, section 5753.
An amendment in the nature of a substitute having been proposed,
amendments to the original text proposed to be stricken out are in
order and are voted on before the question is taken on the substitute.
Volume VIII, section 2861.
An original proposition may be perfected by amendments before the vote
is taken on the substitute. Volume VIII, section 2894.
A substitute for an amendment is not voted on until after amendments to
the amendment have been disposed of. Volume VIII, section 2895.
When the four amendments in order under the rule are pending, the vote
is taken first on the amendment to the amendment and then on the
amendment to the substitute. Volume VIII, section 2892.
An amendment in the nature of a substitute may be proposed before
amendments to the original text have been acted on, but may not be
voted on until after such amendments have been disposed of. Volume
VIII, section 2896.
When a bill is considered by sections or paragraphs an amendment in the
nature of a substitute is properly offered after the reading for
amendment is concluded. Volume V, section 5788.
Under exceptional circumstances a substitute amendment to a bill which
was being considered by paragraphs was once voted on before all the
paragraphs had been read. Volume V, section 5789.
In considering an amendment to a substitute an amendment in the nature
of a substitute for the pending amendment was not admitted, being in
the third degree. Volume V, section 5791.
If the Committee of the Whole reports to the House a substitute for the
entire bill the substitute is subject to amendment in the House unless
the previous question is operating. Volume VIII, section 2419.
Instance wherein a substitute amendment was offered to a bill reported
from the Committee of the Whole with amendments, and the previous
question was ordered on all the amendments, and the bill to a final
passage. Volume V, section 5472.
The closing of debate on the last section of a bill considered under
the five-minute rule does not preclude debate on a substitute for the
whole text of the bill. Volume V, section 5228.
A Committee of the Whole, like any other committee, may adopt and
report an amendment in the nature of a substitute. Volume IV, section
4899.
The vote on a substitute and the vote on the original resolution, is
the same proposition within the practice prohibiting a second motion to
reconsider the same proposition unless changed by amendment. Volume
III, section 2788.
A proposition offered as a substitute amendment and rejected, may
nevertheless be offered again as an amendment in the nature of a new
section. Volume VIII, section 2843.
Substitute resolutions offered as an amendment are not divisible, but
when agreed to a division of the original as amended may be demanded.
Volume V, sections 6127, 6128.
Substitute resolutions offered as an amendment are not divisible.
Volume III, section 3168.
Sometimes, by unanimous consent, the House allows more than one
substitute to be pending at once, on order that a choice may be offered
between different propositions. Volume V, section 5798.
AMENDMENTS--Continued.
(6) Motion for.--The Substitute--Continued.
A committee to which a resolution had been committed, having submitted
a report making no recommendations thereon and proposing another
resolution neither germane to nor recommended as a substitute for the
original resolution, was permitted to withdraw it and file an amended
report recommending the proposed resolution as a substitute. Volume VI,
section 401.
The resolution before the House providing that a contestant have leave
to withdraw, the mere adoption of an amendment to seat contestant does
not thereby decide the case. Volume II, section 983.
(7) Motion for.--Power of Speaker and members as to.
It is not in order to offer an amendment identical with one previously
disagreed to. Volume VIII, section 2834.
While it is not in order to submit for consideration by way of
amendment a proposition previously passed on, an amendment raising the
same question, but in other words, is admissible. Volume VIII, section
2850.
The change of a single word in the text of a proposition is sufficient
to prevent the Speaker ruling it out of order as one already disposed
of by the House. Volume II, section 1274.
Similarity of an amendment to one previously rejected will not render
it inadmissible if sufficiently different in form to present another
proposition. Volume VIII, section 2840.
A negative vote on an amendment does not prevent the offering of
another amendment embodying a similar proposition in slightly different
phraseology. Volume VIII, section 2841.
It is in order to offer an amendment a proposition similar, but not
substantially identical, with one previously rejected. Volume VIII,
section 2838.
It is not in order to offer an amendment previously rejected but to
come within the inhibition the amendment proposed must be identical
with that previously disposed of. Volume VIII, section 2837.
It is not in order to offer an amendment previously rejected and the
mere change of figures carried in an amendment already acted on is
insufficient to relieve it of that objection. Volume VIII, section
2836.
While not in order to insert by way of amendment a paragraph similar to
one already stricken out, an amendment will not be ruled out for that
reason unless practically identical. Volume VIII, section 2839.
While an amendment once passed upon by the House is not again in order,
a change in phraseology sufficient to present a substantially different
proposition renders it admissible. Volume VIII, section 2726.
If a proposed amendment is not susceptible to any other interpretation
than that which might reasonably be given an amendment previously
rejected, it is not admissible. Volume VIII, section 2835.
The inconsistency of a proposed amendment with one already agreed to is
not a matter for the decision of the Speaker. Volume V, section 5781.
The Chair does not rule on the consistency of a proposed amendment.
Volume VIII, section 3458.
The fact that a proposed amendment is inconsistent with the text, or
embodies a proposition already voted on, constitutes a condition to be
passed on by the House and not by the Speaker. Volume II, sections
1328-1336.
The consistency of a proposed amendment with the text is a question to
be passed on by the House and not by the Speaker. Volume VIII, section
3458.
A question as to the inconsistency of a proposed amendment with action
previously taken by the committee, is a proposition to be passed upon
by the committee and not by the Chair. Volume VI, section 257.
The fact that a proposed amendment is inconsistent with a proposition
already voted upon was held not to warrant its being ruled out by the
Speaker. Volume VII, section 2136.
AMENDMENTS--Continued.
(7) Motion for.--Power of Speaker and Members as to--Continued.
A point of order as to the competency or meaning of an amendment does
not constitute a parliamentary question. Volume VI, section 254.
The fact that the provision of a proposed amendment is contained in a
later portion of the bill constitutes no reason why it should be ruled
out by the Speaker. Volume II, section 1327.
The question as to whether a proposed amendment embodies a proposition
already voted on is one to be passed upon by the House and not by the
Speaker. Volume VI, section 255.
It is for the House, and not the Speaker, to decide on the legislative
effect of a proposition. Volume II, sections 1323, 1324.
The effect of an amendment upon a bill is a question for the House and
is not passed upon by the Speaker. Volume VII, section 2142.
The fact that an amendment proposed to a Senate amendment would in
effect change a provision of the text to which both Houses have agreed
does not constitute a reason why the Speaker should rule it out. Volume
II, section 1335.
A proposed amendment may not be accepted by the Member in charge of the
pending measure, but can be agreed to only by the House. Volume V,
sections 5756, 5757. Volume VIII, section 2832.
A Member has the right to withdraw a resolution before a decision
thereon, and may modify the proposition in the House, but not in the
committee. Volume VI, section 570.
Where obviously offered for the purpose of delaying consideration the
Chair has declined to entertain an amendment. Volume VIII, section
2798.
Amendments may not be offered by proxy. Volume VIII, section 2830.
(8) Motion for.--Withdrawal.
A motion may be withdrawn in the House, although an amendment to it may
have been offered and may be pending. Volume VI, section 373. Volume
VIII, section 2639.
In the House (as distinguished from the Committee of the Whole) an
amendment, whether simple or in the nature of a substitute, may be
withdrawn at any time before amendment or decision is had thereon.
Volume V, section 5753.
An amendment once offered in Committee of the Whole may not be
withdrawn. Volume V, section 5221.
An amendment once offered in Committee of the Whole may not be
withdrawn or modified except by unanimous consent. Volume VIII, section
2563.
During consideration of a bill ``in the House as in Committee of the
Whole'' an amendment may be withdrawn at any time before action has
been had on it. Volume IV, section 4935.
(9) Motion for.--As Related to the Previous Question.
The previous question may be moved on a single motion, on a series of
allowable motions, on an amendment or amendments and on a bill to its
final passage or rejection. Volume V, section 5443.
After the previous question has been moved or ordered on a bill and
pending amendments, further amendments may not be offered. Volume V,
sections 5486, 5487.
After the previous question is ordered on a pending proposition,
modifications or amendments may be made only by unanimous consent.
Volume V, sections 5482-5485.
The ordering of the previous question after a resolution had been read
and before committee amendments had been reported was held to preclude
reading or consideration of such amendments. Volume VIII, section 2686.
In order to prevent amendments the previous question is sometimes
ordered on undebatable motions. Volume V, section 5490.
The ordering of the previous question to the final passage of a bill
was held to exclude a motion to strike out the title. Volume V, section
5471.
AMENDMENTS--Continued.
(9) Motion for.--As Related to the Previous Question--Continued.
When the previous question has been ordered on a series of motions and
its force has not been exhausted, the reconsideration of the vote on
one of the motions does not throw it open to debate or amendment.
Volume V, section 5493.
When a vote taken under the operation of the previous question is
reconsidered, the main question stands divested of the previous
question and may be debated and amended without reconsideration of the
motion for the previous question (Speaker overruled). Volume V,
sections 5491, 5492.
The motion to commit under section 1 of Rule XVII is not debatable, but
is amendable, unless the previous question is ordered on it. Volume V,
sections 5570, 5571.
The motion to commit provided for in the rule for the previous question
may be applied to a motion to amend the Journal. Volume V, section
5574.
An opinion of the Speaker that the motion to commit is not in order
when the previous question has been ordered simply on a pending
amendment. Volume V, section 5573.
After the previous question is ordered the motion to commit may be
amended, as by adding instructions, unless such amendment be precluded
by moving the previous question on the motion to commit. Volume V,
sections 5582-5584.
When the previous question has been ordered on a simple resolution (as
distinguished from a joint resolution) and a pending amendment, the
motion to commit should be made after the vote on the amendment. Volume
V, sections 5585-5588.
After the previous question had been ordered it was once held in order
to move to commit with instructions to strike out a portion of an
amendment already agreed to, although such a purpose might not be
accomplished directly by a motion to amend. Volume V, section 5542.
The ordering of the previous question on a bill and all amendments to
final passage precludes debate on a motion to recommit but does not
exclude amendments to such motion. Volume VIII, section 2741.
The previous question when ordered on a bill and amendments to final
passage continues in force until final disposition of the bill and is
not vitiated by recommitment with instructions to report amendments.
Volume VIII, section 2677.
(10) Motion for.--As Related to Debate.
On a motion to amend the debate in the House is confined to the
amendment, and may not include the general merits of the proposition.
Volume V, sections 5049-5051.
The motion to strike out the enacting clause is in the nature of an
amendment and debate on the motion is under the five-minute rule and
may be closed at any time after debate has begun. Volume VIII, section
2618.
The closing of debate on a section and all amendments thereto applies
to amendments offered subsequently. Volume VIII, section 2580.
A Member who has spoken once to the main question may speak again to an
amendment. Volume V, sections 4993, 4994. Volume VIII, section 2449.
A Member who has occupied five minutes on a pro forma amendment, may
not, by making another pro forma amendment, lengthen his time. Volume
V, section 5222.
A Member proposing an amendment may offer an amendment to such
amendment during the five minutes allotted him under the rule by may
not thereby secure additional time for debate. Volume VIII, section
2562.
A Member who has the floor in debate may not yield to another Member to
offer an amendment without losing control of his time. Volume V,
section 5021.
When a Member yields of his time for debate an amendment may not be
offered in the yielded time without his consent. Volume V, section
5032.
A Member may not offer an amendment in time secured for debate only.
Volume VIII, section 2474.
A Member who, having the floor in debate, yields to another to offer an
amendment, loses his right to resume. Volume V, section 5031.
AMENDMENTS--Continued.
(10) Motion for.--As Related to Debate--Continued.
A Member who yields the floor to another to offer an amendment loses
his right to reoccupy it. Volume V, section 5030.
A Member yield time for amendment in the House, but a Member yielding
relinquishes the floor. VIII, section 2470
A Member having control of the time may not yield for an amendment
without losing the floor, and is not entitled to a second hour if
another demands recognition. Volume VIII, section 2476.
Amendments may not be offered in time yielded for debate only, and a
Member yielding to another to propose an amendment loses the floor.
Volume VIII, section 3187.
A Member who, having the floor in debate, yields to another to offer an
amendment loses his right to resume, and the Member to whom the floor
is yielded is recognized for one hour. Volume VIII, section 2478.
A Member yielding to another to offer an amendment thereby relinquishes
control of the time allotted to him. Volume VIII, section 2471.
A Member securing time for another in which to offer an amendment is
recognized in his own right. Volume VIII, section 2471.
A Member may control the time allowed him by the rules, yielding time
to others for debate but not for amendment. Volume V, sections 5029,
5030.
The Member in charge of a bill in the House does not lose the floor by
offering an amendment. Volume VIII, section 2469.
A Member may yield to permit an amendment to be read for information,
or to be voted upon at the close of general debate, without losing
control of his time. Volume VIII, section 2477.
The rule permitting forty minutes of debate was held to apply to an
amendment on which the previous question had been ordered before there
had been debate either in the House or in Committee of the Whole.
Volume V, section 5503.
The rule for the forty minutes of debate does not apply to an amendment
on which there has been no debate in a case wherein the motion for the
previous question covers both the amendment and the original
proposition, which has been debated. Volume V, section 5504.
When, after a speech in favor of an amendment under the five-minute
rule, no one claimed the floor in opposition, the Chairman recognized
another Member favoring the amendment. Volume VIII, section 2557.
The Member in charge, and not the proponent, is entitled to close
debate on an amendment in the Committee of the Whole. Volume VIII,
section 2581.
(11) Motion for.--Related to Suspension of the Rules and Special
Orders.
The motion to amend may not be applied to a motion to suspend the
rules. Volume V, sections 5322, 5405, 5406, 6858, 6859.
After a second is ordered on a motion to suspend the rules the motion
may be withdrawn or modified by unanimous consent only. Volume VIII,
section 3420.
The rules having been suspended simply for the introduction of a
matter, that matter may be amended. Volume V, section 6842.
During consideration of a motion to suspend the rules and pass a bill
it is not in order to move to commit the bill or to demand a separate
vote on amendments pending with the bill. Volume V, section 6860.
On a motion to suspend the rules and pass a bill with amendments it is
not in order to demand a separate vote on the amendments. Volume VIII,
section 3171.
A motion to suspend the rules and pass a bill with amendments is a
proposal to suspend all rules and it is not necessary to read the bill
in its original form. Volume VIII, section 2871.
A bill offered for passage on a committee suspension day may carry with
it only such amendments as are authorized by the committee. Volume V,
section 6812.
AMENDMENTS--Continued.
(11) Motion for.--Related to Suspension of the Rules and Special
Orders--Continued.
The rules may be suspended by a single motion and vote, so as to permit
the House to vote first on a special amendment to a bill and then on
the bill itself. Volume V, section 6851.
The Committee on Rules may report a resolution rescinding or modifying
a special order of business. Volume VIII, section 3390.
(12) Motion for.--Relation to Points of Order.
An amendment read for information is not pending and reservation of
points of order is not required to preserve rights thereon. Volume
VIII, section 3434.
A point of order against a proposition must be made before an amendment
is offered to it. Volume V, sections 6907-6911.
A point of order against a proposition must be made before an amendment
is offered. Volume VIII, section 3443.
A point of order may not be raised against a proposition after an
amendment is offered and even a pro forma amendment precludes a
question of order. Volume VIII, section 3445.
An amendment may not be offered to a paragraph in a bill until a point
of order reserved against the paragraph has been disposed of. Volume V,
sections 6872, 6873.
An amendment may not be offered to a paragraph in a bill while a point
of order against the paragraph is pending. Volume VIII, section 3452.
An amendment may not be offered to a motion against which a point of
order is pending. Volume VIII, section 2824.
A point of order against a paragraph of a bill being read for amendment
under the five-minute rule comes too late after the reading of the
following paragraph. Volume VIII, section 2351.
If a portion of a proposed amendment be out of order the whole of it
must be ruled out. Volume V, section 5784.
If any portion of an amendment is out of order the entire amendment is
subject to a point of order. Volume VIII, sections 2878, 2922, 2970,
2980.
Where any portion of an amendment is out of order it is sufficient
ground for the rejection of the whole amendment. Volume V, sections
6878-6880.
An amendment being offered and the reading having begun, a point of
order may interrupt the reading, and the Chair may rule the amendment
out if enough has been read to show that it is out of order. Volume V,
sections 6886-6887. Volume VIII, sections 2912, 3437.
An amendment against which a question of order has been raised may not
be debated until the point of order has been disposed of. Volume VIII,
section 2556.
By offering a pro forma amendment in Committee of the Whole a Member
does not lose the right to insist on his pending point of order. Volume
V, section 6874.
An instance in which the Chairman expressed himself in doubt as to the
admissibility of an amendment and would resolve that doubt in favor of
the amendment. Volume VII, section 1712.
The motion to close the five-minute debate, while not debatable, is
subject to amendment. Volume VIII, section 2578.
An instance in which the Chairman recalled a decision sustaining a
point of order against an amendment and submitted the amendment for
consideration. Volume VII, section 1580.
(13) Motion for.--As to Proposition in an Impeachment Trial.
During an impeachment trail a proposition by managers or counsel is not
amendable by Senators, but yields precedence to one made by a Senator.
Volume III, section 2147.
A proposition offered by a Senator during an impeachment trial is
amendable by Senators, but not by managers or counsel. Volume III,
section 2147.
AMENDMENTS--Continued.
(14) Of Bills.--In Standing and Select Committees.
In considering a bill the committee should set down the amendments on a
separate paper. Volume IV, section 4667.
It was formerly a requirement of rule as well as of the Manual that
amendments should be entered on a separate piece of paper and not be
interlined on the bill (footnote). Volume IV, section 4922.
Committees may not change the title or subject of bills committed to
them, and must set down on a separate paper the amendments which they
recommend. Volume IV, section 4557.
(15) Of Bills.--Procedure in the House.
A bill is not amended on its first reading, but pending the engrossment
and third reading. Volume V, section 5781.
In the House amendments are offered to any part of a bill after it is
read the seocnd time. Volume IV, section 3392.
In the consideration of bills on the House Calendar, the second reading
is in full and amendments are not in order until after the reading is
concluded, when they may be offered to any part of the bill. Volume
VII, section 1052.
In the House amendments are offered to any part of a bill after it is
read the second time. Volume VII, section 1051.
A bill considered in the House is read in full but is not read for
amendment under the 5-minute rule, and amendments are not in order
until the reading of the bill is completed. Volume VII, section 1053.
The Member calling up on a House bill on Calendar Wednesday is
recognized for one hour and may move the previous question, for the
purpose of preventing debate or amendment, at any time. Volume VII,
section 955.
Discussion of the Senate usage in considering bills for amendment
(footnote). Volume IV, section 3410.
A Senate bill may not be amended in the House after it has passed to
the third reading. Volume IV, section 3393.
A new bill may be engrafted by way of amendment on the words ``be it
enacted,'' etc. Volume V, section 5781.
An instance wherein a substitute text for a bill was offered as a
substitute for the first section and agreed to, the remaining sections
being stricken out afterwards. Volume V, section 5796.
A proposition offered as a substitute amendment and rejected may
nevertheless be offered again as an amendment in the nature of a new
section. Volume V, section 5797.
An amendment in the form of a new and separate paragraph may be offered
to any part of the bill to which it is germane. Volume V, section 5777.
It is in order by a motion to insert to effect a transfer of paragraphs
from the latter to the first portion of a bill. Volume V, sections
5775, 5776.
The text of a bill containing nonprivileged matter, privilege may not
be created by a committee amendment in the nature of a substitute not
containing the nonprivileged matter. Volume IV, section 4623.
The amendment of the number of the sections of a bill is done by the
Clerk. Volume IV, section 3394. Volume V, section 5781.
The Clerk is sometimes authorized to make a merely formal amendment to
a bill that has passed the House. Volume IV, section 3443.
Instance wherein the Clerk was authorized to make such clerical changes
in the table of contents, numbering and lettering, erroneous or
superfluous cross references and other purely formal amendments as were
required to conform to the action of the House and secure uniformity in
typography, indentation, and numerical order of the text of a bill.
Volume VII, section 1067.
AMENDMENTS--Continued.
(15) Of Bills.--Procedure in the House--Continued.
The pagination and marginal numerals are no part of the text of a bill
and, after amendment, are altered, changed or transposed by the clerk
to conform to the amended text without order. Volume VIII, section
2876.
When a bill is considered for amendment the preamble is taken up after
the body of the bill has been gone through. Volume IV, section 3411.
After an amendment to the preamble of a bill has been considered it is
too late to propose amendment to the text of the bill. Volume VII,
section 1065.
Amendments to the title of a bill are in order after its passage, and
were formerly debatable even though the bill has passed under the
operation of the previous question, but a later rule prohibits such
debate. Volume V, section 5753.
Amendments to the title of a bill are in order after its passage.
Volume VIII, section 2906.
Amendments to the title of a bill are in order after its passage, and
are not debatable. Volume VIII, section 2907.
Amendments to the title of a bill, whether considered in the House or
in Committee of the Whole, are not in order until after its passage.
Volume VIII, section 2619.
Instance in which the title of a bill was amended on a day subsequent
to its passage. Volume VIII, section 2877.
When unanimous consent has been given for the consideration of a bill,
amendments may be offered and may not be prevented by the objection of
a Member. Volume V, section 5782.
Forms of special orders by limiting the time of consideration of a bill
in the House and restricting amendments. Volume IV, sections 3231-3236.
Form of special order authorizing consideration of amendments not
otherwise in order. Volume VIII, section 831.
Amendments authorized by special order may be supplanted or amended by
germane propositions of the same import though expressed in different
phraseology. Volume VII, section 781.
A special order may provide that certain enumerated and described
amendments shall be offered to a bill, and thereby exclude amendments
to these amendments or other amendments. Volume IV, sections 3204,
3205.
Under a special order providing that a specified amendment ``shall be
voted on,'' that particular amendment only must be voted on and no
similar amendment or substitute, even though germane, is in order.
Volume VII, section 782.
An example of a special order which provided for fixing a ratio number
by specifying a series of numbers which might be offered successively
as amendments. Volume IV, section 3204.
An instance of the difficulties arising from the terms of a special
order, which permitted two substitute amendments to a bill to be
pending at once. Volume IV, section 3206.
In 1886 the House abandoned the rule prohibiting the amendment of one
bill by offering the substance of another bill pending before the
House. Volume V, section 5780.
Under rules of the House which have not disappeared, it was held that a
resolution of the House might not by amendment be changed to a joint
resolution or a bill. Volume IV, sections 3376, 3377.
A resolution of the House may not by amendment be changed to a bill.
Volume VIII, section 3446.
A joint resolution may be changed to a simple resolution by amendment.
Volume VII, section 1047.
A joint resolution was substituted for a bill in amending the census
act. Volume VII, section 1040.
A concurrent resolution may be changed to a joint resolution by
amendment. Volume VII, sections 1037, 1045.
AMENDMENTS--Continued.
(15) Of Bills.--Procedure in the House--Continued.
A joint resolution may be changed in a concurrent resolution by
amendment. Volume VII, sections 1043, 1044, 1046.
A Senate joint resolution changed by amendment of the House to a
concurrent resolution is still a Senate measure and the enacting clause
conforms to that requirement. Volume VII, section 1044.
(16) Of Bills.--In relation to Motions to Lay on the Table, Refer, and
Recommit.
A proposed amendment to a pending bill being laid on the table, the
bill goes there also. Volume V, section 5423.
A proposed amendment being laid on the table carries with it the
pending measure to which offered. Volume VIII, section 2656.
The Senate has a rule that an amendment may be laid on the table
without carrying the pending measure with it. Volume V, section 5425.
After discussion the Senate decided out of order a motion to refer an
amendment to a pending bill without the bill itself. Volume V, section
5557.
The right to move the recommit a House bill with Senate amendment
belongs to a Member opposed to the bill rather than to one opposed to
the Senate amendment only. Volume VIII, section 2772.
It is not in order to oppose in instructions embodied in a motion to
recommit any proposition which would not be in order if proposed as an
amendment to the bill. Volume VIII, sections 2701, 2703, 2704, 2707,
2710, 2712, 2726.
The ordinary motion to recommit may be amended, as by adding
instructions, unless such amendment is prevented by moving the previous
question. Volume VIII, sections 2695, 2738, 2762.
Unless the previous question has been ordered, instructions offered in
connection with a motion to recommit may be amended. Volume VIII,
sections 2698, 2699, 2712.
Unless the previous question is ordered, a motion to recommit with
instructions is open to amendment, and a substitute striking out all
proposed instructions and substituting others can be ruled out as
interfering with the right of the minority to move recommitment. Volume
VIII, section 2759.
A substitute proposing to amend instructions accompanying a motion to
recommit must be germane. Volume VIII, section 2711.
It is not in order in a motion to recommit to propose to strike out or
modify an amendment previously adopted by the House. Volume VIII,
sections 2713, 2714, 2715, 2717, 2719, 2723, 2724, 2727.
While a motion to recommit with instructions to strike out an amendment
adopted by the House is not in order, a motion is admissible
accompanied by instruction striking out the text perfected by such an
amendment. Volume VIII, sections 2698, 2727.
While a motion to recommit may not provide instruction to strike out an
amendment agreed to by the House, it may nevertheless provide
instructions to insert an amendment previously rejected by the House.
Volume VIII, section 2728.
A special order providing that the previous question be considered as
ordered ``without intervening motion except one motion to recommit''
was held to preclude both amendment and debate on the motion to
recommit. Volume VII, section 776.
(17) Of Bills.--In Committee of the Whole.
A Committee of the Whole may not alter, even by unanimous consent, an
order of the House. Volume VII, section 786.
In the House a motion may be withdrawn before action thereon, but in
Committee of the Whole withdrawal of motions or amendments is by
unanimous consent only. Volume VIII, sections 2465, 2859.
In the early days of the House the times for general debate and
amendment in Committee of the Whole were not so rigidly fixed as at
present. Volume IV, section 4760.
AMENDMENTS--Continued.
(17) Of Bills.--In Committee of the Whole--Continued.
The rules contemplate that general debate in Committee of the Whole
shall be closed by order of the House before amendments may be offered.
Volume V, section 5221.
In Committee of the Whole amendments are not in order until general
debate has been closed. Volume IV, section 4744.
In Committee of the Whole amendments are not in order on the first
reading of the bill. Volume VIII, section 2436.
The reading of a bill for amendment in Committee of the Whole was
provided by a former rule and is continued by usage. Volume IV, section
4752.
In reading a bill for the first time in Committee of the Whole
committee amendments are read in full. Volume VIII, sections 2337,
2864.
Bills are read for amendment in Committee of the Whole by sections or
paragraphs and amendments are not in order until the reading of the
section or paragraph has been completed. Volume VIII, section 2866.
Whether a bill shall be read by paragraphs, sections, or subsections
when read for amendment in the Committee of the Whole is not governed
by arbitrary rule but by practical considerations of convenience as
determined by the Chairman. Volume VIII, sections 2341, 2346.
Portions of bills concluding with semicolons are subparagraphs and when
considered in the Committee of the Whole are passed over for amendment
until the major paragraph has been read in full. Volume VIII, section
2352.
While under the practice of the House appropriation bills and revenue
bills are read for amendment by paragraphs and other bills by sections,
the Chairman has on occasion authorized the reading of such other bills
by paragraphs where the text of the bill was such as to warrant it.
Volume VIII, section 2340.
During the reading of a bill for amendment, a paragraph or amendment
when once reported may not be read a second time except by order of the
committee. Volume VIII, section 2870.
A special order making committee amendments to any part of the bill in
order at any time was construed to permit the offering of amendments to
paragraphs already passed in reading for amendment. Volume VII, section
792.
In the consideration of a bill in the Committee of the Whole, the
committee in charge of a bill was authorized to return to any section
or paragraph which had been passed for the purpose of offering
amendments. Volume VII, section 1067.
In reading a bill for amendment it is not in order to return to a
paragraph already acted on. Volume VIII, section 2898.
The motion to return to a portion of a bill passed in reading for
amendment is not privileged and a paragraph or section so passed may be
again taken up by unanimous consent only. Volume VIII, section 2930.
In considering a bill for amendment under the five-minute rule, it is
in order to return to a paragraph already passed only by unanimous
consent. Volume IV, sections 4746, 4747.
In considering a bill for amendment under the five-minute rule an
amendment offered as a separate paragraph or section is not in order
until the pending paragraph has been perfected and disposed of. Volume
VIII, section 2356.
Amendments in the form of new sections or paragraphs are not considered
until all amendments to the pending section or paragraph have been
disposed of. Volume VIII, section 2358.
When it is proposed to offer an amendment to strike out a section
consisting of several paragraphs, of a bill which is being considered
by paragraphs, the amendment may be moved to the first paragraph with
notice that if it be agreed to, a similar motion will be made to strike
out the succeeding paragraphs as they are reached. Volume VIII, section
2901.
AMENDMENTS--Continued.
(17) Of Bills.--In Committee of the Whole--Continued.
In consideration under the five-minute rule a paragraph is not passed
until the next one is read, although the Committee of the Whole may in
the meantime have risen. Volume IV, section 3833.
In reading a bill for amendment under the five-minute rule a paragraph
is passed when an amendment proposing the adoption of a new section is
entertained, but of such amendment is ruled out on a point of order,
the paragraph last read is still pending. Volume VIII, section 2867.
Consideration of an amendment offered as a new section closes debate
and amendment on the section pending at the time the new section is
offered. Volume VIII, section 2582.
In reading a bill under the five-minute rule, a section or paragraph is
considered as having been passed for amendment or debate when an
amendment in the form of a new section or paragraph is taken up for
consideration. Volume VIII, section 2357.
Disposition of an amendment offered as a new section closes to debate
or amendment the section pending when the amendment was offered. Volume
VIII, section 2358.
A paragraph passed over by unanimous consent during the reading of a
bill for amendment in the Committee of the Whole is recurred to when
reading of the bill has been concluded, and an earlier motion to return
to it is not in order. Volume VIII, section 2336.
A special order making committee amendments to any part of the bill in
order at any time was construed to permit the offering of amendments to
paragraphs already passed in reading for amendment. Volume VII, section
792.
During consideration of a bill by sections for amendments the Chair may
direct a return to a section where, by error, no action was had on a
pending amendment. Volume IV, section 4750.
An amendment to insert in a bill a new section having been presented
and debated before an opportunity was given to amend fully the section
last read, the Chairman held that it was in order to recur to the
latter section. Volume IV, section 4749.
A negative vote on an amendment offered to a preceding paragraph does
not prevent the offering of a similar amendment as a new section.
Volume VIII, section 2845.
Form of special order authorizing consideration of a bill in Committee
of the Whole without intervention of points of order either against
provisions of the original bill or certain amendments recommended by
the committee reporting the bill. Volume VII, section 832.
A resolution authorizing the offering of an amendment otherwise not in
order during consideration of a bill pending in Committee of the Whole
was held to be privileged when reported by the Committee on Rules.
Volume VIII, section 2258.
Wherre a special order provided for a vote on an amendment at a
designated time, the Chairman at that time put the question, and
pending amendments to the amendment were not acted upon. Volume VII,
section 795.
When a House bill with Senate amendments is committed to the Committee
of the Whole that committee considers only the amendments. Volume V,
section 6192.
In Committee of the Whole a Senate amendment, even though it be very
long, is considered as an entirety and not by paragraphs or sections.
Volume V, section 6194.
A Senate bill with a proposed committee amendment in the nature of a
substitute being under consideration in Committee of the Whole, the
bill was first read by sections for amendment, and then the substitute
was perfected. Volume IV, section 4741.
The rule governing the five-minute debate on amendments in Committee of
the Whole. Volume Volume V, section 5221.
Pro forma amendments were in use in five-minute debate as early as
1868. Volume Volume V, section 5778.
The Committee of the Whole may, after the five-minute debate has begun,
close debate on the section, paragraph, or pending amendments, but this
does not preclude further amendment. Volume Volume V, section 2566.
AMENDMENTS--Continued.
(17) Of Bills.--In Committee of the Whole--Continued.
After debate under the five-minute rule has begun on an amendment the
motion to close debate is privileged. Volume VIII, section 2567.
A motion to close debate in Committee of the Whole is in order at any
time after the five-minute debate begins and is not precluded because
there has been no debate in opposition to the pending amendment. Volume
VIII, section 2578.
Closing debate under the five-minute rule on a section doe not preclude
the offering of amendments. Volume VIII, section 2579.
The closing debate on a section and all amendments thereto applies to
amendments offered subsequently. Volume VIII, section 2580.
A motion to close debate on the pending section and amendments thereto
does not apply to amendments proposing a new section. Volume VIII,
section 2582.
The committee having by vote fixed the time for closing debate on a
pending section and amendments thereto, a motion to change such time is
not in order. Volume VIII, section 2588.
An order having been adopted by the Committee of the Whole closing all
debate on a section, the chairman declined to entertain request for
unanimous consent to amend the order. Volume VIII, section 2589.
An order of Committee of the Whole closing debate on the pending
section and amendments thereto is not applicable to a motion to strike
out the enacting clause. Volume VIII, section 2632.
A motion that the Committee of the Whole report a bill with the
recommendation that it be referred may not be made until it has been
read for amendments. Volume IV, sections 4761, 4762.
A bill may not be laid aside with a favorable recommendation in
Committee of the Whole until the reading for amendment is completed.
Volume IV, sections 4759, 4760.
In Committee of the Whole a motion to amend a bill has precedence over
a motion to rise and report it. Volume VIII, section 2364.
The reading of a bill for amendment in Committee of the Whole being
concluded, a motion to strike out the enacting clause is not order.
Volume VIII, section 2368.
The requirement as to consideration in Committee of the Whole applies
to amendments as well as to bills. Volume IV, sections 4793, 4794.
A bill being alleged to be improperly before the Committee of the
Whole, a motion to report it with recommendations was held in order
before it had been considered for amendment. Volume IV, section 4784.
When a special order directs a Committee of the Whole to report
``pending amendments'' this does not include an amendment only
partially read when the Committee of the Whole rises. Volume IV,
section 3229.
A Committee of the Whole ordinarily reports only such amendments as it
has agreed to, but sometimes, by direction of a special order, it
reports also amendments pending and undisposed of when it rises. Volume
IV, sections 3225-3228.
The fact that a proposition has been rejected by the Committee of the
Whole does not prevent it from being offered as an amendment when the
subject comes up in the House. Volume IV, sections 4878-4880.
An instance where the Committee of the Whole reported a new resolution
in lieu of one referred to it. Volume IV, section 4878.
In the Committee of the Whole an amendment to the preamble of a bill or
joint resolution is considered after the bill has been read for
amendment. Volume VII, section 1065.
(18) Of Bills.--Action on When Reported from Committee of the Whole.
It is a frequent practice for the House, by unanimous consent, to act
at once on all the amendments to a bill reported from the Committee of
the Whole, but it is the right of any Member to demand a separate vote
on any amendment. Volume IV, sections 4893, 4894.
AMENDMENTS--Continued.
(18) Of Bills.--Action on When Reported from Committee of the Whole--
Continued.
Form of rule authorizing Members to demand a separate vote on each
amendment recommended by the Committee of the Whole. Volume VII,
section 803.
A separate vote in the House on a perfecting amendment offered in the
Committee of the Whole and incorporated in an amendment reported to the
House is not in order and may be had only by unanimous consent. Volume
VIII, sections 2422, 2427.
The previous question may be moved on a portion of the amendments to a
bill reported from the Committee of the Whole, leaving the remaining
amendments open to debate and amendment. Volume VIII, section 2679.
Amendments reported from the Committee of the Whole should be voted on
in the order in which they are reported, although they may be
inconsistent one with another. Volume IV, sections 4881, 4882.
All amendments to a bill reported from the Committee of the Whole stand
on an equal footing, and must be voted on by the House. Volume IV,
section 4871.
A proposition reported from the Committee of the Whole, as an entire
and distinct amendment, may not be divided, but must be voted on in the
House as a whole. Volume IV, sections 4883-4892.
An amendment in the nature of a substitute is reported from the
Committee of the Whole in its perfected form, amendments to the
substitute not being noted in the report. Volume IV, sections 4900-
4903.
When a Senate bill is reported by the Committee of the Whole with an
amendment in the nature of a substitute and the House rejects the
substitute, and the previous question is operating, the vote recurs on
the Senate bill without amendment. Volume VIII, section 2427.
The practice of report Committee of the Whole amendments only in their
perfected forms had its origin in an old rule. Volume IV, section 4904.
The Committee of the Whole having reported two amendments as distinct,
the one from the other, the Speaker held that they should be considered
independently, although apparently one was a proviso attaching to the
other. Volume IV, section 4905.
If a Committee of the Whole amend a paragraph and subsequently strike
out the paragraph as amended, the first amendment falls, and is not
reported to the House or voted on. Volume IV, section 4898. Volume
VIII, section 2421.
When a bill is reported from the Committee of the Whole with amendments
it is in order to submit additional amendments, but the first question
is on the amendments reported. Volume IV, sections 4872-4876.
An amendment reported from the Committee of the Whole may not be
withdrawn, and a question as to its validity is not considered by the
Speaker. Volume IV, section 4900.
Amendments reported to the House by the Committee of the Whole are
subject to amendment and the bill itself is open to amendment in the
House unless the previous question is ordered. Volume VIII, section
2419.
The right to debate and amend a bill reported from the Committee of the
Whole depends upon the will of the House. Volume IV, section 4895.
Amendments rejected in Committee of the Whole are not reported to the
House. Volume IV, section 4877.
An amendment reported from Committee of the Whole striking out all
after the enacting clause of a bill and inserting new matter is, when
reported, treated like any other amendment reported from that
committee. Volume V, section 5341.
The rejection of an amendment by the Committee of the Whole does not
preclude the offering of the same amendment in a motion to recommit
with instructions. Volume VIII, section 2700.
The recommendation of the Committee of the Whole to recommit a bill
being decided in the negative, the question was held to recur on the
amendments and bill under a special rule ordering the previous question
on the bill and amendments to final passage. Volume VIII, section 2375.
AMENDMETS--Continued.
(18) Of Bills.--Action on When Reported from Committee on the Whole--
Continued.
A special rule, ordering the previous question on a pending bill and
amendments to final passage when reported from the Committee of the
Whole, was held not to preclude a recommendation by the Committee on
the Whole that the bill be recommitted. Volume VII, section 777.
The Committee of the Whole having decided between two propositions and
the House having agreed to the amendment embodying that decision, it
was held to be in order in the House to move to recommit, with
instructions that in effect brought the two propositions to the
decision of the House. Volume V, section 5592.
The Committee of the Whole having recommended disagreement to a Senate
amendment, and the House having negatived a motion to concur in the
recommendation, it was held that the House had agreed to the amendment.
Volume V, section 6168.
THe hour for taking a vote having arrived an amendment pending and
undisposed of in Committee of the Whole at the time is not acted on in
the House. Volume IV, section 4910.
When the Committee of the Whole is discharged from the consideration of
a bill the House, in lieu of a report from the Chairman, accepts the
minutes of the Clerk as evidence of amendments agreed to. Volume IV,
section 4922.
(19) Of Bills.--In the House as in Committee of the Whole.
When a bill is considered ``in the House as in Committee of the Whole''
it is read the first time by title only and immediately thereafter by
sections for amendment under the five-minute rule. Volume VIII, section
2433.
Consideration ``in the House as in Committee of the Whole'' comprises
reading for amendment and debate under the five-minute rule without
general debate. Volume VIII, section 2431.
Union Calendar bills considered in the House as in the Committee of the
Whole are read for amendment under the five-minute rule by section and
not by paragraphs. Volume VIII, section 2434.
A bill being under consideration ``in the House as in Committee of the
Whole'' an amendments has been completed. Volume IV, sections 4933,
4934.
During consideration of a bill ``in the House as in Committee of the
Whole'' the previous question may be demanded while Members yet desire
to offer amendments. Volume IV, sections 4925-4929.
Procedure for amendment of the title when the bill is considered in the
House as in Committee of the Whole. Volume IV, section 3416.
(20) Of Bills.--Perfecting Paragraphs Proposing Legislation on General
Appropriation Bills.
A paragraph which proposes legislation in a general appropriation bill,
being permitted to remain, may be perfected by a germane amendment. But
this does not permit an amendment which adds additional legislation.
Volume VII, sections 1405, 1413, 1414, 1415, 1416, 1420, 1425, 1431,
1435, 1600, 3054.
A paragraph which proposes legislation is a general appropriation bill
being permitted to remain, it may be perfected by any germane
amendment. Volume IV, sections 3823-3835.
When a paragraph which changes existing law has been by general consent
allowed to remain it may be perfected by any germane amendment. Volume
IV, section 5805.
In an appropriation bill a paragraph embodying legislation may be
perfected by a germane amendment, but this does not permit an amendment
which adds additional legislation. Volume IV, sections 3836, 3837.
Where a Senate amendment proposes on a general appropriation bill an
expenditure not authorized by law or legislation, it is in order in the
House to perfect it by germane amendments. Volume IV, sections 3913-
3916.
AMENDMENTS--Continued.
(20) Of Bills.--Perfecting Paragraphs Proposing Legislation on General
Appropriation Bills--Continued.
A proposition germane but involving legislation has sometimes been
admitted as an amendment to a Senate amendment to an appropriation bill
and sometimes ruled out. Volume IV, sections 3909-3912.
A paragraph in an appropriation bill changing existing law may be
perfected only by germane amendments. Volume IV, section 3838.
Pending the engrossment of a general appropriation bill an amendment
proposing legislation may be authorized by the adoption of a report
from the Committee on Rules. Volume IV, section 3844.
An amendment to the description of the object for which an
appropriation is made is not legislation. Volume IV, section 3864.
(21) Of Bills.--By the Senate Generally.
A clause stricken out on a point of order but inadvertently retained in
the bill when massaged to the Senate, was held to be a part of the text
when the bill is taken from the Speaker's table with Senate amendments.
Volume VIII, section 3345.
Either House may amend a bill of the other before passing it. Volume V,
section 6163.
A House bill massaged from the Senate with amendments requiring
consideration in Committee of the Whole goes to the Speaker's table,
and if not disposed of by unanimous consent is referred by the Speaker
to its appropriate committee. Volume VI, section 732. Volume VIII,
section 3187.
Instance wherein a motion to suspend the rules was utilized in taking a
bill from the Speaker's table and agreeing to Senate amendments. Volume
VIII, section 3425.
A motion to suspend the rules and take from the Speaker's table for
consideration a House bill with Senate amendments being rejected, the
bill is referred directly from the Speaker's table, to the standing
committee having jurisdiction. Volume VI, section 733.
A motion to take from the Speaker's table a House bill with Senate
amendments, disagree to the amendments, and send to conference,
precludes the motion to concur and is not in order. Volume VIII,
section 2387.
A House bill returned with Senate amendment requiring consideration in
the Committee of the Whole may not be called up for consideration but
is referred directly from the Speaker's table to the standing committee
having jurisdiction. Volume VI, section 731.
Instance wherein a bill with Senate amendments was taken from the
Speaker's table and the Senate amendment agreed to by resolution from
the Committee on Rules. Volume VIII, section 3149.
The length of time a House bill transmitted from the Senate with Senate
amendments lies on the Speaker's table before reference is within the
discretion of the Speaker. Volume VIII, section 2391.
One House may amend a bill of the other by striking out all after the
enacting clause and inserting a new text. Volume V, section 6321.
A Senate amendment is not subject to the point of order in the House
that it is not germane to the House bill. Volume VIII, section 3425.
Where the Senate had amended a House bill by striking out a section it
was held in order in the House to concur with an amendment inserting a
new text in lie of that stricken out. Volume V, section 6186.
In amending a Senate amendment the House is not confined within the
limits of amount set by the original bill and the Senate amendment.
Volume VIII, section 6186.
An amendment of one House being amended by the other, the first House
may amend the last amendment, but further amendment is not permissible.
Volume V, sections 6176, 6177.
A bill of one House being passed in the other with amendment, the
originating House may concur with an amendment, whereupon the other
House may concur with still anther amendment, but here the process
stops. Volume V, section 6163.
AMENDMENTS--Continued.
(21) Of Bills.--By the Senate Generally--Continued.
A motion proposing a substitute for a Senate amendment yields to a
motion for a perfecting amendment. Volume VIII, section 3184.
An instance of substitute amendments between the Houses carried to the
furtherest degree. Volume V, section 6178.
One House may agree outright in an amendment of the other, may agree
with an amendment, or may disagree outright. Volume V, section 6163.
When the originating House disagrees to the amendment of the other
House the latter may recede from or insist on its own amendment,but may
not couple an amendment with this action. Volume V, section 6163.
When the House disagrees to a Senate amendment after amending it the
adopted amendment is of no effect. Volume V, section 6169.
A bill with amendments of the other House is privileged after the stage
of disagreement has been reached. Volume VI, section 756.
A motion being made to agree to an amendment of the other House with an
amendment, it is in order to perfect that amendment by another
amendment and a substitute. Volume V, section 6175.
The previous question having been ordered on a motion to agree to a
Senate amendment to a House bill, a motion to recommit is in order.
Volume VIII, section 2744.
The House having receded from its disagreement to Senate amendments
they are open to amendment precisely as before the original
disagreement. Volume V, sections 6212-6214.
The process of amending Senate amendments in Committee of the Whole and
the subsequent agreement of the House to the amendments as amended.
Volume V, section 6193.
Under the later practice, Senate amendments when reported from the
Committee of the Whole are voted on en bloc and only those amendments
are voted on severally on which a separate vote is demanded. Volume
VIII, section 3191.
General appropriation bills with Senate amendments reported back to the
House from the Committee on Appropriations are privileged and are
subject to motions authorized by the Committee. Volume VIII, section
3187.
In the consideration of Senate amendments in the House an amendment
must be germane to the particular Senate amendment to which it is
offered, it not being sufficient that it should be germane to
provisions of the bill. Volume V, sections 6188-6191.
In amending a Senate amendment the House is not confined within the
limits of amount set by the original bill and the Senate amendment.
Volume V, section 6187.
The inability of the two Houses to agree on even the slightest
amendment to a bill causes the loss of the bill. Volume V, sections
6233-6240.
House bills with Senate amendments which do not require consideration
in a Committee of the Whole are privileged and may be called up from
the Speaker's table for immediate consideration. Volume VI, section
728.
(22) Bills.--By the Senate in Revenue Matters.
Revenue bills must originate in the House, but the Senate may concur
with amendments. Volume II, section 1480.
Instances wherein the Senate has acquiesced in the constitutional
requirement as to revenue bill while holding to a broad power of
amendment. Volume II, sections 1497-1499.
In 1872 the House and Senate, after discussion disagreed as to
limitations of Senate amendments to a revenue bill of the House. Volume
II, section 1489.
In 1874 the House declined to take issue with the Senate over an
amendment of that body authorizing certain Government obligations.
Volume II, section 1490.
Instance wherein proposed Senate amendments to a revenue bill were
questioned in the House as an invasion of the constitutional
prerogatives in relation to revenue legislation. Volume VI, section
322.
AMENDMENTS--Continued.
(22) Of Bills.--By the Senate in Revenue Matters--Continued.
The Senate having added certain revenue amendments to a nonrevenue
House bill, the House ordered the bill to be returned to the Senate.
Volume II, section 1495.
It is for the House and not the Speaker to decide whether or not a
Senate amendment to a revenue bill violates the privileges of the
House. Volume II, section 1322.
A question relating to the invasion of the constitutional prerogatives
of the House by a Senate amendment comes too late after the bill has
been sent to conference. Volume VI, section 314.
Instance wherein a Senate amendment affecting the revenue was not
objected to until the stage of conference. Volume VI, section 314.
(23) Of Bills.--Senate Amendments in Relation to Precedence of Motions.
The motion to amend an amendment of the other House has precedence of
the motion to agree or disagree. Volume V, sections 6164, 6169-6171.
When Senate amendments are taken up for the first time, the motion to
concur with an amendment takes precedence over the simple motion to
concur, but after the House has disagreed the order is reversed and
subsequently the motion to recede and concur takes precedence over the
motion to recede and concur with an amendment. Volume VIII, sections
3200, 3202, 3203.
The stage of disagreement not being reached, the motion to concur in an
amendment of the other House with an amendment has precedence of the
simple motion to concur. Volume V, section 6321.
The stage of disagreement having been reached, the motion to recede and
concur takes precedence of the motion to recede and concur with an
amendment. Volume VIII, section 3198.
Amendments being in issue between the Houses, the motion to recede may
be repeated at a new stage of the proceedings. Volume V, section 6207.
The stage of disagreement having been reached, the motion to recede and
concur takes precedence of the motion to recede and concur with an
amendment. Volume V, sections 6219-6223.
A question of personal privilege has been given precedence over
privileged Senate amendments remaining to be disposed of aster the
rejection of a conference report. Volume III, section 2531.
(24) Of Bills.--Senate Amendments Considered in the House
For the purposes of amendment, a Senate amendment has the status of an
original bill when considered in the House, and the four amendment
permitted by the rule may be pending simultaneously. Volume VIII,
sections 2825, 2939.
When a House bill with Senate amendments is taken from the Speaker's
table and laid before the House the Senate amendments must be reported,
and any Member may demand a separate vote on any amendment. Volume
VIII, section 2400.
When Senate amendments to a House bill are considered in the House a
separate vote may be had on each amendment. Volume VIII, section 2383.
Senate amendments taken up in the House are read before consideration
begins. Volume VII, section 1058. Volume VIII, section 3232.
A special order to lay before the House a bill on the Speaker's table
with the previous question ordered on a motion to concur in Senate
amendments, does not prevent submission of a motion to recommit. Volume
VII, section 778.
When Senate amendments to a House bill are considered in the House they
are taken up in their order. Volume V, sections 6197, 6198.
A motion to lay on the table a House bill returned with Senate
amendments is in order. Volume V, sections 6201-6203.
AMENDMENTS--Continued.
(24) Of Bills.--Senate Amendments Considered in the House.--Continued.
Early instances where one House postponed to an indefinite time bills
returned from the other with amendments disagreed to and requests for a
conference. Volume V, section 6199.
Form of special order for considering numerous Senate amendments to a
House bill without permitting debate and a vote on each separate
amendment, and for asking a conference at the same time. Volume IV,
sections 3243-3249.
Form of unanimous-consent agreement for the consideration of a Senate
amendment. Volume VIII, section 3187.
One House may pass a bill with blanks to be filled by the other House.
Volume V, section 5781.
Correction of an error whereby a Senate amendment to a House bill had
failed to be included in a message. Volume V, section 6606.
(25) Of Bills.--Senate Amendments Not to Change Text to which Both
Houses Have Agreed.
When a bill with Senate amendments is taken from the calendar for
consideration, only the amendments are before the House, and the
remainder of the bill, having been agreed to by both Houses, is not
subject to further consideration. Volume VIII, section 3187.
In considering in the House Senate amendments to a House bill it is not
in order to change the text to which both Houses have agreed. Volume V,
section 6180.
The House may not, even by unanimous consent, change the text to which
both Houses have agreed. Volume V, section 6179.
The text to which both Houses have agreed may not be amended, even by
adding a new section at the end of the bill. Volume V, section 6182.
The text to which both Houses have agreed may not be changed in the
slightest particular. Volume V, section 6181.
The text to which both Houses have agreed may not be changed except by
the unanimous consent of both Houses. Volume V, sections 6433-6436.
The fact that an amendment proposed to a Senate amendment would in
effect change a provision of the text to which both Houses have agreed,
does not constitute a reason why the Speaker should rule it out. Volume
V, sections 6183-6185.
(26) Of Bills.--Senate Amendments and Principles as to Receding in
Relation Thereto.
By receding from its disagreement to a Senate amendment, the House does
not thereby agree to the same. Volume V, section 6215.
One House having receded from certain of its amendments, may not at a
subsequent stage recall their action in order to form a new basis for a
conference. Volume V, section 6251.
An instance wherein one House receded from its own amendment after the
other House had returned it concurred in with an amendment. Volume V,
section 6266.
Both Houses insisting and neither asking a conference, the bill failed.
Volume V, section 6228.
It was very early insisted on as a principle, that where one House
proposes to an appropriation bill an amendment firmly resisted by the
other, the proposing House should recede. Volume IV, section 3905.
(27) Of Bills.--Senate Amendments and Principles as to Adherence in
Relation Thereto.
when both Houses have insisted neither inclining to recede, it is in
order to adhere, but in parliament adherence is not usually voted until
these have been at least two conferences. Volume V, section 6163.
One House after an amendment or disagreement by the other, may at once
adhere, but this does not preclude the granting of the request of the
other House for a conference. Volume V, sections 6241-6244.
An instance of immediate adherence to a first disagreement. Volume V,
section 6303.
AMENDMENTS--Continued.
(27) Of Bills--Senate Amendments and Principles as to Adherence in
Relation Thereto--Continued.
The Senate having disagreed to an amendment of the House, and the House
having insisted, the Senate adhered, whereupon the House, for the first
time asked a conference, which was granted. Volume V, section 6309.
The House may recede from its disagreement to certain amendments and
adhere to it as to others. Volume V, section 6229.
After the House had adhered it reconsidered its action, receded from
its disagreement, and agreed to the Senate amendment with an amendment.
Volume V, section 6253.
Instances where after one House had adhered the other receded. Volume
V, sections 6247-6250.
One House having adhered may, at the next stage, vote to further
adhere. Volume V, section 6251.
A vote to adhere may not be accompanied by a request for a conference.
Volume V, section 6303.
The House that votes to adhere does not ask a conference, but the other
House may. Volume V, section 6308.
Conferences are not asked after an adherence by both Houses, but have
often been asked and granted where only one House has adhered. Volume
V, sections 6241-6244.
An instance wherein the Senate disregarded a request for a conference
and voted to adhere. Volume V, section 6315.
After an adherence by one House the other has asked a conference both
with and without having voted to insist. Volume V, sections 6242-6244.
One House having adhered the other may further insist and ask a
conference. Volume V, sections 6245, 6245.
One House, having adhered, may recede from its adherence and agree to a
conference asked by the other. Volume V, section 6251.
An adherence by both Houses to disagreement over amendments causes a
bill to fall. Volume V, section 6163.
In many instances bills have been lost by the adherence of both Houses,
sometimes in earlier days, when no effort at adjustment by conference
had been made. Volume V, sections 6233-6240.
Bills on which one House had adhered have been lost by the expiration
of the Congress, even while the roll was being called, on a motion to
recede that might have passed the bill. Volume V, sections 6230-6232.
Instance where a House bill returned with Senate amendments adhered to
was postponed indefinitely. Volume V, section 6200.
(28) Of Bills.--Senate Amendments and Conferences Thereon.
While the rule requires the reference to the appropriate standing
committee of House bills returned with Senate amendments requiring
consideration in the Committee of the Whole, the usual practice is to
take such bills from the Speaker's table and send them to conference by
unanimous consent. Volume VI, section 732.
Form of special order discharging committee from further consideration
of House bill with Senate amendments and asking conference. Volume VII,
sections 820, 821.
Forms of special order making in order a motion to take from the
Speaker's table and send to conference bill with senate amendments.
Volume VII, section 822.
Motions for conference are not in order until all Senate amendments
have been disposed of. Volume VIII, section 3210.
It was formerly the more regular practice for the House disagreeing to
amendments of the other to leave the asking of a conference to that
other House. Volume V, sections 6278-6285.
It is so unusual in later practice for the House disagreeing to an
amendment of the other to ask a conference, that an omission so to do
caused a question. Volume V, section 6273.
AMENDMENTS--Continued
(28) Of Bills.--Senate Amendments and Conferences Thereon--Continued.
One House may pass a bill of the other with amendments, and immediately
without waiting for the other House to disagree, may ask a conference.
Volume VIII, section 3214.
Conferences are generally held in the Senate portion of the Capitol,
and with closed doors, although in rare instances Members and others
have been admitted to make arguments (footnote). Volume V, section
6254.
Sometimes one House disregards the request of the other for a
conference and recedes from its disagreement, thereby rendering a
conference unnecessary. Volume V, sections 6316-6318.
While the managers may perfect by germane amendments propositions
committed to them, they may not, under the later practice, go beyond
the differences of the two Houses in so doing. Volume V, sections 6409-
6413.
Where one House strikes out all of a bill of the other after the
enacting clause and inserts a new text, conferees have a wide
discretion in incorporating germane amendments and may even report a
new bill on the subject. Volume VIII, section 3263.
The House having rejected a motion to further insist and agree to a
conference asked by the Senate, the Speaker ruled that a motion to ask
a conference was not in order at the same stage. Volume V, section
6269.
When any portion of a conference report is ruled out on a point of
order the effect is as if the report had been rejected by a vote of the
House, and motions for dispositions of Senate amendments and for
conference are in order de novo. Volume VIII, sections 3256, 3257,
3259.
It has been held that a resolution from a committee recommending a
request for a conference on certain disagreements as to amendments must
be acted on before the preferential motion to agree. Volume V, section
6271.
Conference reports are sometimes amended by concurrent action of the
two Houses. Volume V, sections 6536, 6537.
A provision changing the text to which both Houses have agreed has been
appended to a conference report and agreed to by unanimous consent
after acting on the report. Volume V, sections 6433-6436.
Managers may report an agreement as to a portion of the amendments in
disagreement, leaving the remainder to be disposed of by subsequent
action. Volume V, sections 6461-6464.
Under the practice, it is customary for conferees to bring in a
conference report on items agreed upon and report disagreement on all
amendments coming within the rule and, the conference report having
been agreed to, amendments in disagreement are then voted upon
separately. Volume VII, section 1572.
A pending conference report must be disposed of before motions are in
order for disposition of amendments in disagreement. Volume VIII,
section 3249.
When conferees report that they have been unable to agree, the report
is not acted on, and need not be printed in the Record before the
amendments in disagreement are again taken up in the House. Volume
VIII, section 3299.
Form of conference report wherein differences as to an amendment are
settled by amending it. Volume V, section 6323.
Form of conference report wherein one House recedes from certain
amendments, while the other recedes from its disagreement to certain
others. Volume V, section 6323.
Where the House had acted on a conference report, thereby discharging
its conferees, the Senate being unable to comply with its rule
recommitting invalidated conference reports to committees of
conference, requested further conference without taking further action
on the amendments in disagreement. Volume VIII, section 3279.
AMENDMENTS--Continued.
(29) Germane Amendments.--Rule and General Principles.
Definition of the term ``germane.'' Volume VIII, section 2993.
One of the functions of the rule requiring germaneness is to preclude
consideration of legislation which has not been considered in committee
and for this reason the rule should be invoked with particular
strictness against amendments proposing substitutes for an entire bill.
Volume VIII, section 2912.
The rule of germaneness applies to the relation between a proposed
amendment and the pending bill to which offered and not to the relation
between such amendment and an existing law of which the pending bill is
amendatory. Volume VIII, section 2909.
The burden of proof of the germaneness of an amendment rests upon its
proponents. Volume VIII, section 2995.
In passing on the germaneness of an amendment, the Chair considers the
relation of the amendment to the bill as modified by the Committee of
the Whole at the time at which offered, and not as originally referred
to the committee. Volume VIII, section 2910.
An amendment which would have been in order if offered when the bill
was first taken up for consideration, was held not germane to the bill
as modified after portions of the bill had been stricken out by
amendments in the Committee of the Whole. Volume VIII, section 2910.
A rule of the House requires that an amendment must be germane. Volume
V, section 5801.
An amendment must be germane to the subject which it is proposed to
amend. Volume V, section 5767.
The principle of germaneness relates to a proposition by which it is
proposed to modify some pending bill, and not to a portion of the bill
itself. Volume V, section 6929.
An Amendment simply striking out words already in a bill may not be
held not germane. Volume V, section 5805.
The rule that amendments shall be germane applies to amendments
reported by committees. Volume V, section 5806.
While a committee may report a bill embracing different subjects, it is
not in order during consideration in the House to introduce a new
subject by way of amendment. Volume V, section 5825.
Whether or not an amendment be germane should be judged from the
provisions of its text rather than from the purposes which
circumstances may suggest. Volume V, sections 5783, 5803.
Reason for the rule requiring that amendments be germane. Volume V,
section 5866.
Review of the history of the rule requiring amendments to be germane.
Volume V, section 5825.
Under the common parliamentary law amendments need not be germane.
Volume V, section 5825.
A decision in the Senate that an amendment need not under the
parliamentary law be germane. Volume V, section 5802.
An amendment once rejected may be again proposed at another place in
the bill to which germane. Volume VIII, section 2844.
In determining the germaneness of amendments offered to a bill the
title of the bill is not taken into consideration. Volume VIII,
sections 1489, 2916.
An amendment to the second title of a bill was held not germane to the
first title of the bill. Volume VIII, section 2923.
An amendment to a Senate amendment must be germane not only to the bill
but to the Senate amendment tow which offered. Volume VIII, section
2936.
An amendment, which adopted would constitute a public bill, is not
germane to a private bill. Volume VII, section 860.
The rule providing that amendments must be germane has been construed
as requiring that the fundamental purpose of an amendment be germane to
the fundamental purpose of the bill to which it is offered. Volume
VIII, section 2911.
AMENDMENTS--Continued.
(29) Germane Amendments.--Rule and General Principles--Continued.
One method of attaining an object is not germane to another method of
attaining such object unless closely related. Volume VIII, section
2978.
The mere fact that an amendment proposes to attain the same end sought
to be attained by the bill to which offered does not render it germane.
Volume VIII, section 2912.
To a proposition to effect a purpose by one method a proposal to effect
the same purpose by a different and unrelated method is not germane.
Volume VIII, section 2912.
The fact that two subjects are related does not necessarily render them
germane. Volume VIII, sections 2970, 2971, 2995.
(30) Germane Amendments.--Practice as to, in Relation to Various
Propositions.
It is not in order to amend a pending privileged proposition by adding
a matter not privileged and not germane to the original proposition.
Volume V, sections 5809, 5810.
A privileged proposition may not be amended by adding thereto matter
not privileged or germane to the original question. Volume V, section
5890.
An amendment which would have changed a resolution of inquiry to one of
instruction was held to be not germane. Volume V, section 5804.
While the managers may perfect by germane amendments propositions
committed to them, they may not under the later practice go beyond the
differences of the two Houses in so doing. Volume V, sections 6409-
6513.
It is in order, by a motion to insert, to effect a transfer of
paragraphs from the latter to the first portion of a bill. Volume V,
sections 5775, 5776.
When it is proposed to refer with instructions, an amendment to the
instructions should be germane thereto. Volume V, section 6888.
Instance of an amendment changing the character of a resolution by
striking out the word ``not.'' Volume I, section 522.
Under circumstances where the omission of language would sufficiently
change the purport of the text to present another subject a motion to
strike out has been held not to be germane. Volume VIII, section 2921.
An amendment which by striking out a portion of the text changes in
purpose and scope of the bill is not germane. Volume VIII, section
2920.
An amendment which by striking out words would change a privileged
proposition to an unprivileged proposition was held not to be in order.
Volume VIII, section 2919.
While an amendment proposing to strike out language in a pending bill
can not ordinarily be rule out of order as not germane, yet, if the
effect of striking out such language so affects the scope and import of
the text as to present a different subject from that under
consideration it is not germane. Volume VIII, section 2918.
A proposal to eliminate portions of a text thereby extending the scope
of its provisions to other subjects than those originally presented is
in violation of the rule requiring germaneness. Volume VIII, section
2917.
To a proposal to dismiss officers violating the ``Federal prohibition
laws'' an amendment striking out the word ``Prohibition'' was held not
to be germane. Volume VIII, section 2917.
A proposal to strike out a portion of a text may not be germane to the
proposition involved. Volume VIII, section 2917.
(31) Germane Amendments.--Should Relate to Paragraph or Section of
Bill.
Under the later decision the principle has been established that an
amendment should be germane to the particular paragraph or section to
which it is offered. Volume V, sections 5811-5820.
An amendment must be germane to the section or paragraph to which it is
offered. Volume VIII, sections 2922, 2925, 3036.
Amendments proposing new paragraphs should conform in germaneness to
the section of the bill to which proposed. Volume VIII, section 2933.
AMENDMENTS--Continued.
(31) Germane Amendments.--Should Related to Paragraph or Section of
Bill--Continued.
An amendment inserting an additional section should be germane to the
portion of the bill where it is offered. Volume V, section 5822.
An amendment should be germane to that portion of the bill to which
offered. Volume VIII, sections 2927, 2931.
While an amendment offered as a new paragraph must be germane to that
portion of the bill to which offered, it is not required to be germane
to the preceding paragraph. Volume VII, section 1162. Volume VIII,
section 2934.
While an amendment offered as anew paragraph must be germane to that
portion of the bill to which offered, its relative order with other
paragraphs is not otherwise prescribed. Volume VIII, section 1224.
An amendment inserting an additional section should be germane to the
portion of the bill to which offered. Volume VII, section 2930.
While an amendment offered as a separate paragraph must be germane to
that portion of the bill to which proposed, it is sufficient if offered
to that portion of the bill relating to the department of government
under which it properly belongs and the fact that it is not intimately
related to the paragraphs immediately preceding or immediately
following does not render it subject to a point of order. Volume VIII,
section 2932.
An amendment making appropriation for the bureau of mines is not
germane to provisions for the public land service of the United States
Geological Survey carried in the bill to which proposed, but the three
are under the Department of the Interior and as the last two were not
intimately related to the first was held in order for insertion between
the other two and to be germane to that portion of the bill. Volume
VIII, section 2932.
The rule on germaneness does not necessarily require that an amendment
offered as a separate section be germane to the preceding section of
the bill or to any other particular section of the bill, but it is
sufficient that it is germane to the subject matter of the bill as a
whole. Volume VIII, section 2935.
It is not sufficient that an amendment proposed to a pending amendment
be germane to the bill but it must also be germane to the amendment to
which it is offered. Volume VIII, section 2924.
An amendment germane to a bill as a whole, but hardly germane to any
one section, may be offered at an appropriate place with notice of
motions to strike out following sections which it would supersede.
Volume V, section 5823.
A bill being considered under exceptional circumstances, an amendment
germane to the bill but not strictly germane to the section was
admitted. Volume V, section 5821.
In the consideration of Senate amendments in the House an amendment
must be germane to the particular Senate amendment to which it is
offered, it not being sufficient that it should be germane to
provisions of the bill. Volume V, sections 6188-6191.
An amendment should be germane not only to the subject matter of the
bill but also to the particular section of the bill in which it is
proposed to insert the amendment. Volume V, section 2923.
(32) Germane Amendments.--An Individual Proposition Not to be Amended
by Another
An amendment proposing to add an individual proposition to a bill
embodying another in-dividual proposition is not admissible even though
the two propositions belong to the same class. Volume VIII, sections
2951-2953, 2963-2966, 3047.
A private bill for the benefit of a collection of individuals,
ascertainable by name, may not be amended so as to extend its
provisions to a class of individuals not definitely ascertainable.
Volume VII, section 860.
To a bill proposing the admission of one Territory into the Union an
amendment proposing the admission of another Territory is not germane.
Volume V, section 5529.
To a bill for the relief of one individual an amendment providing a
similar relief for another individual is not germane. Volume V,
sections 5826-5829.
AMENDMENTS--Continued.
(32) Germane Amendments.--An Individual Proposition Not to be Amended
by Another--Continued.
A private bill for the relief of one individual may not be amended so
as to extend its provisions to another individual, even indirectly,
through a motion to recommit with instructions. Volume IV, section
3296.
A resolution from the Committee on Rules providing for the
consideration of a bill relating to a certain subject may not be
amended by a proposition for the consideration of another and not
germane subject. Volume V, sections 5834-5836.
To a provision for an additional judge in one Territory an amendment
providing for an additional judge in another Territory was held not to
be germane. Volume V, section 5830.
To a bill providing for extermination of the cotton boll weevil an
amendment including the gypsy moth was held not to be germane. Volume
V, section 5832.
To a paragraph appropriating for a clerk to one committee an amendment
providing for a clerk to another committee was held not be germane.
Volume V, section 5833.
To a provision providing clerks for the Members of one House an
amendment providing them for Members of the other House has at
different times been held both germane and not germane. Volume V,
sections 5899, 5900.
To a bill pensioning veterans of the Indian wars an amendment
pensioning veterans of the Texas rangers engaged in opposing ``Mexican
marauders and Indian depredations'' was held not to be germane. Volume
VIII, section 2960.
To a bill for the relief of dependents of men in the Regular Army an
amendment proposing to extend the benefits of the act to dependents of
men in the National Guards and the Reserve Corps was held not to be
germane. Volume VIII, section 2953.
To a proposition that the Secretary of War issue medals to personnel of
the Army an amendment proposing that Secretaries of other departments
issue similar medals to personnel of the Navy and Coast Guard is not
germane. Volume VIII, section 2952.
To a bill for the relief of women and children in Germany an amendment
providing similar relief for Porto Rico was held not to be germane.
Volume VIII, section 2959.
To a bill regulating the sale of friar lands in the Philippine Islands
an amendment including the Crown lands of the Philippine Islands was
held not be germane. Volume VIII, section 2957.
To a bill providing for the erection of a statue of General Von Steuben
an amendment substituting a proposition for the erection of a statue of
George Washington was held not to be germane. Volume VIII, section
2955.
To a portion of a bill dealing with one class of Indian schools and
amendment relating to an Indian school of another class was ruled not
germane. Volume VIII, section 2931.
To a bill amendatory of existing law in one particular a proposition to
amend the law in another particular is not germane. Volume VIII,
section 2937.
To a proposition to pay employees of the House and Senate extra
compensation an amendment proposing to include clerks of Members was
held not to be germane. Volume VIII, section 2961.
To an item relating to carriers in the postal service an amendment
adding clerks in the same service was held not to be germane. Volume
VIII, section 2962.
To a bill prohibiting the importation of products of convict labor,
pauper labor, and detained labor an amendment placing a like
restriction on the importation of products of child labor was held not
germane on the ground that the labor affected by the bill constituted a
single class of labor. Volume VIII, section 2963.
To a resolution providing a special order for the consideration of one
bill an amendment substituting another bill, even though relating to
the same subject, was held not to be germane. Volume VIII, section
2956.
(33) Germane Amendments.--Specific Subject Not to be Amended by General
Matters.
A specific proposition may not be amended by a general provision.
Volume VIII, section 2997.
AMENDMENTS--Continued.
(33) Germane Amendments.--Specific Subject Not to be Amended by General
Matters--Continued.
A general provision is not in order as an amendment to a specific
proposition. Volume VIII, section 2998.
To a bill for the benefit of a single individual or corporation an
amendment embodying general provisions applicable to the class
represented by the individual is not germane. Volume V, sections 5843--
5846.
To a bill for the admission of one Territory an amendment providing
also for the admission of several other Territories was held not to be
germane. Volume V, section 5837.
It is not in order to amend a private bill by adding provisions general
and public in character. Volume IV, section 3292.
To a bill amendatory of an existing law as to one specific particular
an amendment relating to the terms of the law rather than to those of
the bill was held not to be germane. Volume V, sections 5806-5808.
To a bill relating to corporations engaged in interstate commerce an
amendment relating to all corporations was held not to be germane.
Volume V, section 5842.
To a bill authorizing suit against a certain class of Government-owned
vessels an amendment striking out language designating the class and
making the bill applicable to all Government-owned vessels was held not
to be germane. Volume VIII, section 2920.
To a bill modifying existing law in a number of particulars an
amendment referring to the entire law is not necessarily germane.
Volume VIII, section 2945.
To a paragraph applying to one bureau in the Navy Department an
amendment applying to the Navy Department as a whole was held not to be
germane. Volume VIII, section 2997.
To a bill relating to a specific class of canned goods an amendment
dealing with canned goods in general was not admitted. Volume VIII,
section 2998.
To an amendment affecting one item in a paragraph a proposed substitute
affecting all items in the paragraph was held not germane. Volume VIII,
section 2999.
To a proposition authorizing loans to farmers in certain areas, an
amendment authorizing loans without geographical restriction was held
not germane. Volume VIII, section 3235.
(34) Germane Amendments.--General Subject May be Amended by Individual
Propositions.
A general subject may be amended by a specific proposition of the same
class. Volume VIII, sections 3002, 3009, 3012.
A bill dealing with an individual proposition but rendered general in
its scope by amendment is then subject to further amendment by
propositions of the same class. Volume VIII, section 3003.
To a proposition general in its nature an amendment specific in
character is germane if within the same class. Volume VIII, section
3004.
A bill general in its provisions may be amended by specific provisions
inclusive thereunder. Volume VIII, section 3005.
To a proposition general in its nature an amendment specific in
character is germane if subsidiary to the pending proposition. Volume
VIII, section 3007.
To a proposition general in its application an amendment making
specific provision within the proposition may be germane. Volume VIII,
sections 3008, 3017.
To a bill including several propositions of the same class an amendment
adding another proposition of that class is germane. Volume VIII,
sections 3010, 3011, 3013.
To a bill admitting several Territories into the Union an amendment
adding another Territory is germane. Volume V, section 5838.
To a bill proving for the construction of buildings in each of two
cities an amendment providing for similar buildings in several other
cities was held to be germane. Volume V, section 5840.
to a bill referring generally to the affairs of a gas company an
amendment introducing the subject of the price of gas was held to be
germane. Volume V, section 5921.
AGREEMENTS--Continued.
(34) Germane Amendments.--General Subject May be Amended by Individual
Propositions--Continued.
To a resolution embodying two distinct phases of international
relationship an amendment embodying a third was held to be germane.
Volume V, section 5839.
To a resolution authorizing a class of employees in the service of the
House an amendment providing for the employment of a specified
individual was held not to be germane. Volume V, sections 5848, 5849.
To a bill amendment a law in several particulars an amendment proposing
modification in another particular was held to be germane. Volume VIII,
section 2942.
To a paragraph providing a lump sum appropriation for repairs to
suburban roads an amendment proposing additional repairs for designated
suburban roads was held to be germane. Volume VIII, section 3020.
To a bill providing severally for the support and civilization of a
number of Indian tribes an amendment adding another tribe was held to
be germane. Volume VIII, section 3018.
To a bill providing for several departments of service in the Army an
amendment providing in addition for a transportation service was held
to be germane. Volume VIII, section 3014.
To a bill providing appropriations for a number of Army camps at
designated locations an amendment providing for an additional camp at
another location was held to be germane. Volume VIII, section 3012.
To a section embodying a declaration of policy and including a number
of purposes an amendment proposing to incorporate an additional purpose
was held to be germane. Volume VIII, section 3011.
To a section providing a number of restrictions on the expenditure of
certain funds an amendment adding another restriction was held to be
germane. Volume VIII, section 3010.
To a bill providing a lump-sum appropriation for the prosecution of
authorized river and harbor works an amendment designating specific
works upon which the appropriation should be expended was held to be
germane. Volume VIII, sections 3004, 3008.
To a bill providing generally for the improvement of rivers and harbors
an amendment providing for an additional harbor was held to be germane.
Volume IV, section 4120.
To a bill providing for flood relief in a designated area but rendered
general in its nature by the addition of a second area an amendment
proposing the incorporation of a third area was held to be germane.
Volume VIII, section 3003.
To a section enumerating a number of requirements to be complied with
in the marketing of certain foodstuffs an amendment providing an
additional requirement of the same class was held to be germane. Volume
VIII, section 3002.
To a resolution requesting the sale of surplus food products an
amendment suggesting a specific plan for such sale was held to be
germane. Volume VIII, section 3009.
Where a bill proposes to amend an existing law in several particulars,
no arbitrary rule can be laid down either admitting or excluding
further amendments to the law not proposed in the pending bill, but the
question of the germaneness of such additional amendments must be
determined in each instance on the merits of the case presented. Volume
VIII, section 2938.
(35) Germane Amendments.--Decisions on Matters Amending Existing Law.
To a bill amendatory of an existing law as to one specific particular,
an amendment relating to the terms of that law rather than to those of
the bill was held not to be germane. Volume VIII, section 3045.
To a bill amending a law in one particular an amendment repealing the
law is not germane. Volume VIII, section 2949.
To a proposition to extend for two years the operation of a temporary
act and declaring that conditions prompting its original enactment
still existed, an amendment germane to the existing act sought to be
extended was held to be germane. Volume VIII, section 2950.
AMENDMENTS--Continued.
(35) Germane Amendments.--Decisions on Matters Amending Existing Law--
Continued.
To a bill reenacting in modified form an existing law, an amendment
proposing further modification of the law proposing to be reenacted was
held to be germane. Volume VIII, section 2940.
An act continuing and reenacting an existing law in subject to
amendment modifying the provisions of the law carried in the act.
Volume VIII, section 2941.
The committee, overruling the decision of the Chair, held that an
amendment germane to an existing law is germane to a bill proposing its
reenactment. Volume VIII, section 2941.
To a bill amendatory of one section of an existing law an amendment
proposing further modification of the law was held not to be germane.
Volume VIII, section 2948.
A proposed amendment to existing law so comprehensive in its effect
upon the law as to practically repeal it was held to admit as germane
amendments providing an entirely different method for performing the
functions of the original law. Volume VIII, section 2939.
To a bill to modify a section of an existing law an amendment proposing
to repeal a portion of the section sought to be modified was held to be
germane. Volume VIII, section 2943.
Although a bill amendment a general law in several particulars is
presumed to admit as germane an amendment providing for the repeal of
the whole law, in an instance wherein the modifications proposed by the
pending bill did not vitally affect the entire law, an amendment
providing for repeal was held not to be germane. Volume VIII, section
2944.
To a bill amendatory of an act in several particulars an amendment
proposing to modify the act but not related to the bill was held not to
be germane. Volume VIII, section 2947.
To a bill amending a general law in several particulars an amendment
providing for the repeal of the whole law was held to be germane.
Volume V, section 5824.
To a bill amendatory of an existing law as to one specific particular,
an amendment relating to the terms of the law rather than to those of
the bill was held not to be germane. Volume VIII, sections 2707, 2916.
To a bill amending the Federal Reserve Act in a number of particulars
an amendment relating to the Federal Reserve Act but to no portion
provided for in the pending bill was held not to be germane. Volume
VIII, section 2946.
To a bill amending a single feature of the war prohibition act an
amendment repealing the act was held not to be germane.Volume VIII,
section 2949.
To a bill amending provisions of a law providing for the measurement of
vessels to determine the tolls to be paid thereon an amendment
repealing provisions of the law establishing such tolls was held not be
germane. Volume VIII, section 2916.
(36) Germane Amendments.--Time Limitations on Effective Dates of
Legislation.
To a proposition to extend Federal aid to starving women and children
an amendment providing that such aid should not become effective prior
to a certain date was admitted. Volume VIII, section 2959.
To a bill for the relief of women and children in Germany an amendment
providing that the proposed legislation should not become effective
until a soldiers' compensation law had been enacted was held not to be
germane. Volume VIII, section 3035.
An amendment delaying operation of proposed legislation pending an
unrelated contingency was held not to be germane. Volume VIII, section
3037.
Provision for delaying operation of a proposed enactment pending an
ascertainment of fact is germane to such proposed enactment. Volume
VIII, section 3029.
To a provision to become effective immediately, an amendment deferring
the time at which it shall become effective, without involving
affirmative legislation, was held to be germane. Volume VIII, section
3030.
To a bill proposing measures to meet a declared emergency and limited
in operation to a period of five years an amendment proposing permanent
legislation of the same character was held not to be germane. Volume
VIII, section 2912.
AMENDMENTS--Continued.
(36) Germane Amendments.--Time Limitations on Effective Dates of
Legislation--Continued.
To a proposition to appropriate for a general increase in salaries for
one year an amendment to extend the increase to another year was held
not to be germane. Volume VIII, section 2913.
To a section proposing legislation for the current year an amendment
rendering such legislation permanent was held not to be germane. Volume
VIII, section 2914.
(37) Germane Amendments.--Limitations, exceptions, etc.
An amendment is not necessarily germane because presented in the form
of a limitation. Volume VIII, section 3033.
The presentation of an amendment in the form of a limitation does not
render it germane. Volume VIII, section 3036.
To a provision delegating certain powers a proposal to limit such
powers is germane. Volume VIII, section 3022.
To a section authorizing the Interstate Commerce Commission to change
rates an amendment providing that the commission in making such changes
shall not increase rates was held to be germane. Volume VIII, section
3022.
To a proposal to grant certain authority an amendment proposing to
limit such authority is germane. Volume VIII, section 3023.
To a bill authorizing the Bureau of War-Risk Insurance to insure
vessels an amendment denying such insurance to vessels charging
exorbitant rates was held to be germane. Volume VIII, section 3023.
Provisions restricting authority may be modified by amendments
providing exceptions. Volume VIII, section 3024.
To a bill dealing with radio communication in general an amendment
proposing to restrict the operation of the proposed law was held to be
germane. Volume VIII, section 3025.
To a section dealing with a designated class an amendment exempting
from the provisions of the section a certain portion of that class may
be germane. Volume VIII, section 3026.
To a bill denying the benefits of war risk insurance to persons
discharged from service on the charge of being alien enemies an
amendment granting such benefits to alien enemies who had rendered
faithful service was held to be germane. Volume VIII, section 3026.
To a proposition extending certain benefits to a class a proposal to
establish qualifications limiting the number of individuals in that
class entitled to receive such benefits is germane. Volume VIII,
section 3027.
To a bill authorizing aid to shipping an amendment limiting
participation in such benefits to ships equipped with ship-saving
devices was held to be germane. Volume VIII, section 3027.
To a bill extending the operation of an existing law an amendment
excepting certain portions of the law was held to be germane. Volume
VIII, section 3028.
To a bill authorizing the conversion of ships to oil-burning vessels an
amendment denying the use of the appropriation proposed to be
authorized for the purchase of oil-burning engines constructed outside
of the United States was held to be germane. Volume VIII, section 3032.
To a bill authorizing expenditures on naval vessels an amendment
providing that no part of such expenditures be made for repairs in
Government yards which could be made at less expense elsewhere was held
not to be germane. Volume VIII, section 3034.
To a provision authorizing a corporate to borrow money an amendment
providing that no money so borrowed be expended for a particular
purpose was held not be to germane. Volume VIII, section 3036.
To a bill prohibiting the mailing of revolvers except to certain public
officials an amendment proposing an additional excepted class was
construed as a further exception and admitted as germane. Volume VIII,
section 3052.
AMENDMENTS--Continued.
(38) Germane Amendments.--As Related to Legislative and Other
Propositions on Appropriations Bills. See also ``Appropriations.''
Where points of order are reserved on an appropriation bill, a portion
not germane and not within the jurisdiction of the committee may be
stricken out on a point of order in Committee of the Whole. Volume IV,
section 4219.
A revenue amendment is not germane to an appropriation bill. Volume V,
section 5852.
A proposition to improve the harbor of a foreign country was held not
to be germane to the river and harbor bill. Volume IV, section 4121.
To a bill providing generally for the improvement of rivers and harbors
an amendment providing for an additional harbor was held to be germane.
Volume IV, section 4120.
A paragraph which proposes legislation in a general appropriation bill
being permitted to remain, it may be perfected by any germane
amendment. Volume IV, sections 8323-3835. Volume VII, sections 1405,
1414-1416. Volume VIII, section 3054.
Where a paragraph which changes existing law has been by general
consent allowed to remain it may be perfected by any germane amendment.
Volume V, section 5805.
In an appropriation bill a paragraph embodying legislation may be
perfected by a germane amendment, but this does not permit an amendment
which adds additional legislation. Volume IV, sections 3836, 3837.
Volume VII, sections 1420, 1425, 1431, 1600.
Where a Senate amendment proposes on a general appropriation bill an
expenditure not authorized by law or legislation it is in order in the
House to perfect it by germane amendments. Volume IV, sections 3913-
3916.
A proposition germane but involving legislation has sometimes been
admitted as an amendment to a Senate amendment to an appropriation bill
and sometimes ruled out. Volume IV, sections 3909-3912.
An amendment perfecting a paragraph in an appropriation bill proposing
legislation but unobjected to is not in order if not germane or if
providing additional legislation. Volume VII, section 1435.
A proposition reappropriating an unexpended balance may be amended by
proposition making a direct appropriation for the same purpose. Volume
VII, section 1161.
To a bill containing two items appropriating for quarantine stations an
amendment proposing an appropriation for another quarantine station was
held to be germane. Volume VII, section 1372.
An amendment qualifying or limiting a class of beneficiaries of an
appropriation is germane to the paragraph providing the appropriation.
Volume VII, section 1377.
A special order having been agreed to providing for consideration of a
paragraph proposing legislation on an appropriation bill, germane
amendments were held in order but amendments proposing additional
legislation were not admitted. Volume VII, section 1397.
To a provision in an appropriation bill proposing legislation for the
fiscal year provided for by the bill, an amendment proposing to make
the provision permanent legislation was held not to be germane. Volume
VIII, section 2915.
To a provision making appropriation for the acquiring and diffusing of
information pertaining to agricultural products an amendment making
appropriation for an investigation incident thereto was held to be
germane. Volume VIII, section 3060.
(39) Germane Amendments.--Decisions Relating to Revenue Matters.
To a bill relating to the tariff between the United States and the
Philippine Islands an amendment relating to the tariff between the
United States and all other countries was held not to be germane.
Volume V, sections 5857, 5858.
To a bill relating to reciprocal trade relations between the United
States and Cuba the Committee of the Whole, overruling the Chair, added
an amendment relating to the duties on sugar generally but sustained
the chair in holding not germane amendments relating to the general
duties on hides and iron manufactures. Volume V, section 5856.
AMENDMENTS--Continued.
(39) Germane Amendments.--Decisions Relating to Revenue Matters.--
Continued.
On the question being submitted, the House admitted a provision
relating to duties as an amendment to an internal-revenue bill,
although the point of order it was not germane had been made. Volume V,
section 5855.
To a bill relating to the classification for customs purposes of
worsted goods as woolens an amendment relating to duties on wools and
woolens and worsted cloths was held not to be germane. Volume V,
section 5854.
To a proposition relating to the sale of internal-revenue stamps in
Porto Rico a proposition relating to posting lists of persons paying
special taxes in the United states was held not germane. Volume V,
section 5859.
To a proposition giving a committee power to investigate tariff
subjects an amendment commending tariff revision was held not to be
germane. Volume V, section 5853.
An amendment relating to the Government tax on liquors sold in
prohibition communities was held not germane to a proposition to
prohibit the sale of liquor in the Capitol. Volume V, section 5892.
To a provision relating to the duties on certain articles used in the
cotton industry an amendment providing for the free coinage of silver
was held not to be germane. Volume V, section 5865.
To a revenue bill with incidental purposes to prevent adulteration of a
certain food product an amendment relating to interstate commerce in
adulterated food products and drugs generally was decided not to be
germane. Volume V, section 5866.
A proposition for the annexation of Cuba was held not to be germane to
a bill providing for reciprocal trade relations with that country.
Volume V, section 5867.
To a bill to protect trade and commerce against trusts an amendment
relating to duties on articles handled by trusts was held not to be
germane. Volume V, section 5368.
To a provision extending the customs and internal-revenue laws of the
United States over the Hawaiian Islands an amendment for effecting the
extension of all the laws of the United States over those islands was
offered and held not to be germane. Volume V, section 5864.
To a bill granting land to a railroad an amendment allowing the
importation of railroad iron free of duty is not germane. Volume V,
section 5863.
To a bill relating to the tariff between the United States and the
Philippine Islands an amendment declaratory as to the future
sovereignty over those islands was held not to be germane. Volume V,
section 5860.
To a bill for the regulation of corporations engaged in interstate
commerce an amendment relating to tariff duties was held not to be
germane. Volume V, section 5861.
An amendment to repeal the duty on coal was held not to be germane to a
proposition to pay for the investigation of a strike among coal miners.
Volume V, section 5862.
To an amendment relating to the molasses schedule in a tariff bill an
amendment affecting the sugar schedule in the same paragraph of the
bill is not germane. Volume VIII, section 2848.
To a section of a revenue bill proposing definitions of terms an
amendment levying a tax was held not to be germane although germane to
the bill as a whole. Volume VIII, section 2922.
To a bill amending a section of a law designating and defining the
constituent ingredients of oleomargarine an amendment proposing a tax
on oleomargarine was held not to be germane. Volume VIII, section 2937.
To a bill proposing to regulate grain exchanges or taxation an
amendment proposing to regulate them by prohibiting the transmission of
messages was held not to be germane. Volume VIII, section 2988.
To a bill levying a tax on gasoline an amendment fixing the price of
gasoline was held not to be germane. Volume VIII, section 2991.
AMENDMENTS--Continued.
(39) Germane Amendments.--Decisions Relating to Revenue Matters--
Continued.
An amendment offered to a revenue bill proposing a tax for any other
purpose than that of securing revenue is not germane. Volume VIII,
section 3039.
To an internal revenue bill an amendment proposing to levy a tax on
rents in excess of a fixed standard was held not to be germane. VIII,
section 3039.
To a bill providing for determination of the amount of a tax an
amendment requiring such determination to be made within a certain time
was held to be germane. VIII, section 3040.
To an internal-revenue tax bill an amendment requiring persons making
returns under the act to include a statement of campaign contributions
was held not to be germane. VIII, section 3041.
To a bill proposing an income tax, an estate tax, and certain excise
taxes, an amendment proposing a tax on the undistributed profits of
corporations accruing during the taxable year was held to be germane.
VIII, section 3042.
To a bill raising revenue by several methods of taxation the Committee
of the Whole (over-ruling the Chairman) held an amendment proposing an
additional method of taxation to be germane. VIII, section 3042.
To a proposed constitutional amendment authorizing taxation of income
derived from securities issued under authority of the States an
amendment authorizing taxation of income derived from other sources was
held not to be germane. VIII, section 3043.
To a section of a revenue bill relating to tax returns required by the
bill an amendment relating to all tax returns was held not to be
germane. VIII, section 3044.
A revenue amendment is not germane to an appropriation bill. VIII,
section 3038.
(40) Germane Amendments.--Decisions Relating to Immigration.
An amendment limiting immigration generally was held not to be germane
to a proposition to prevent the immigration of Chinese. Volume V,
section 5869.
A proposition to prohibit the employment of Chinese on American vessels
was held not to be germane to a bill to prevent their coming into the
United States. Volume V, section 5874.
An amendment providing for an educational test for immigrants was held
to be germane to a bill to regulate the immigration of aliens into the
United States. Volume V, section 5873.
To a provision excluding immigrants unable to read and write and
requiring a certificate with each immigrant admitted, an amendment to
exclude all foreign-born laborers was held not to be germane. Volume V,
section 5870.
An amendment prohibiting aliens from coming temporarily into the United
States to work was held not to be germane to a bill to regulate the
immigration of aliens. Volume V, sections 5871, 5872.
An amendment prohibiting the sale of intoxicating liquors in all
Government buildings accessible to aliens was held not germane to a
proposition to prohibit such sale in immigrant stations. Volume V,
section 5893.
To a bill regulating the entry of aliens into the United states an
amendment providing like restrictions on admission of anarchists,
Bolshevists, and others, was held not to be germane. Volume VIII,
section 3046.
To a bill providing for the deportation of aliens avoiding the draft
law an amendment prohibiting their acquiring title to real estate was
held not to be germane. Volume VIII, section 3000.
To a bill providing for a decennial census of the entire population of
the United states a specific provision relating to the alien population
of the United States was admitted as germane. Volume VIII, section
3005.
AMENDMENTS--Continued.
(40) Germane Amendments.--Decisions Relating to Immigration--Continued.
To a bill providing for the deportation of a certain class of aliens an
amendment exempting a portion of such class was held to be germane.
Volume VIII, section 3029.
To a proposition relating exclusively to the educational test in the
current immigration law an amendment applying to the law as a whole was
held not to be germane. Volume VIII, section 3045.
To a section proposing the admission of aliens fleeing religious
persecution an amendment from proposing the admission of aliens fleeing
from political persection was held not to be germane. Volume VII,
section 3047.
An amendment providing for the dissemination abroad of information
designed to attract a better class of immigrants was held not to be
germane to a bill to limit the immigration of aliens into the United
States. Volume VIII, section 3048.
To a bill excluding certain several classes of immigrants an amendment
excluding all immigrants was held to be germane. Volume VIII, section
3049.
To a bill regulating immigration an amendment providing that the
operation of the proposed act should not conflict with an informal
``agreement'' with Japan was held not to be germane. Volume VIII.
section 3050.
(41) Germane Amendments.--Decisions Relating to the Public Lands.
To a bill relating to the sale of the public lands, an amendment
proposing to give them to settlers was held not to be germane. Volume
V, section 5877.
To a bill relating to the sale of the public lands, an amendment
limiting alien ownership of land other than the public lands was held
not to be germane. Volume V, section 5878.
To a bill to enlarge the size of homesteads in a certain State, an
amendment changing the commutation as to homesteads generally was
offered and held not to be germane. Volume V, section 5879.
To a bill transferring the care of forest reserves to the Department of
Agriculture, an amendment modifying the civil-service rules as to
officials in those reserves was held not germane. Volume V, section
5880.
An amendment in the nature of a substitute providing simply for the
establishment of land offices was held not to be germane to a bill
providing for the organization of a Territorial government. Volume V,
section 5876.
To a bill providing for an issue of Treasury notes, an amendment
providing for the redemption of such notes by suspending the
distribution of the proceeds of public land sales was held not to be
germane. Volume V, section 5883.
To a bill providing that funds derived from the sale of certain public
lands be paid into a reclamation fund to be used in the construction of
reclamation works amendments proposing that such funds be paid into a
national good-roads fund to be used in the building of roads, or
deposited in the Treasury to the credit of a Navy petroleum fund, were
held not to be germane. Volume VIII, section 2993.
To a bill authorizing the appointment of a commission to report on
matters relating to the public domain an amendment specifying that the
commission report on a designated area of the public domain is germane.
Volume VIII, section 3007.
(42) Germane Amendments.--Decisions Relating to Clerks, Officers, etc.
To a proposition to give an extra month's pay to the officers and
employees of the House, an amendment to include clerks of Members was
held not to be germane. Volume V, section 5904.
To a resolution assigning clerks to committees, an amendment assigning
a clerk to each Member of the House was offered and ruled out of order.
Volume V, section 5901.
To a provision for the payment of clerk hire to Members and Delegates,
an amendment providing that under certain circumstances the Member
should forfeit the payment was offered and ruled out of order. Volume
V, section 5902.
AMENDMENTS--Continued.
(42) Germane Amendments.--Decisions Relating to Clerks, Officers,
etc.--Continued.
To a provision relating to transfers of clerks from one Department to
another, an amendment classifying the work of the clerks was held not
to be germane. Volume V, section 5903.
To a bill to place an officer on the retired list of the Army, an
amendment proposing to give him a pension was held not germane. Volume
IV, section 4375.
To a bill establishing a new department, creating offices and fixing
salaries, an amendment for changing the salary of an officer of the
department was held to be germane. Volume V, section 5917.
To a bill making deficiency appropriations for the Government Printing
Office, among which was none relating to the salary of the Public
Printer, an amendment legislating in relation to the selection of that
official was held not to be germane. Volume V, section 5825.
To a proposition to increase salaries of Government employees, an
amendment proposing the establishment of a minimum wage for such
employees was held not to be germane. Volume VIII, section 2971.
To a proposition to pay wages a proposition to pay a bonus is not
germane. Volume VIII, section 2981.
To a bill establishing a minimum wage scale an amendment to add a bonus
was held not to be germane. Volume VIII, section 2981.
To a bill to pay several employees of the Government, specifically
named, for injuries received while in discharge of duty an amendment to
pay another employee for such injury was held to be germane. Volume
VIII, section 3015.
To a bill relating to salaries of officers in a number of bureaus of
the Department of Agriculture an amendment relating to salaries of
other officers of the department was held to be germane. Volume VIII,
section 3019.
To a section authorizing the assignment of clerks an amendment
prescribing qualifications to be considered in the appointment of such
clerks was held not to be germane. Volume VIII, section 3058.
To a bill discontinuing certain subtreasuries and repealing the law
authorizing them an amendment providing for officers and employees of
such subtreasuries was held to be germane. Volume VIII, section 3059.
(43) Germane Amendments.--Decisions Relating to Judges and the Courts.
To a bill relating to the resignation and salary of a district judge,
an amendment providing for the division of that judge's district into
two districts was held to be germane. Volume V, section 5888.
To a bill providing for the holding of courts in certain existing
judicial districts, an amendment providing for the creation of a new
district was held not germane. Volume V, section 5889.
To a bill relating to the salaries and expenses of judges, an amendment
forbidding them to receive passes, franks, etc., was held to be
germane. Volume V, section 5912.
To a bill relating to the salaries of the Federal judges and those of
the District of Columbia, an amendment relating to the salaries of the
Porto Rican judges was held to be germane. Volume V, section 5913.
To a bill relating to Federal elections and functions of the Federal
courts therein, an amendment establishing a system of jury
commissioners in such courts was held to be germane. Volume V, section
5922.
To a bill providing for the assignment of district judges and circuit
judges to relieve congestion in the Federal courts an amendment
providing for the assignment of judges of the Court of Customs Appeals
was held to be germane. Volume VIII, section 3013.
To a bill prohibiting the issuance of injunctions by the courts in
labor disputes, an amendment excepting all labor disputes affecting
public utilities, was held to be germane. Volume VIII, section 3024.
AMENDMENTS--Continued.
(43) Germane Amendments.--Decisions Relating to Judges and Courts--
Continued.
To a bill providing for the appointment of judges for an unlimited term
an amendment restricting the term to four years was held to be germane.
Volume VIII, section 3031.
(44) Germane Amendments.--Decisions Relating to the District of
Columbia.
To a bill establishing a standard of time for the District of Columbia,
an amendment for distributing the benefits to the nation at large was
held to be not germane. Volume IV, section 5847.
To a bill referring generally to the affairs of a gas company an
amendment introducing the subject of the price of gas was held to be
germane. Volume V, section 5921.
To a bill relating to the control of several distinct public places in
Washington, an amendment providing for the removal of the fence around
the Botanical Garden, in the same city, was held germane. Volume V,
section 5914.
To a bill providing generally for a Union Station in the District of
Columbia, an amendment levying a special tax in the District to defray
the cost of the station was held to be germane. Volume V, section 5916.
To a bill relating to the operations of a street railway in several
particulars, an amendment fixing the rate of fares on this and other
street railways also was held not to be germane. Volume V, section
5911.
To a bill requiring street railway corporations to make annual reports,
amendments relating to transfers and accommodations for passengers were
held not to be germane. Volume V, section 5908.
To a provision requiring two street railway companies to issue free
transfers, each over the other's lines, an amendment requiring the two
companies to issue universal transfers over all intersecting lines was
held not to be germane. Volume V, section 5907.
To a bill relating to corporations carrying passengers for hire over
the streets of Washington, an amendment regulating the size of tires of
all vehicles passing over the streets was held not to be germane.
Volume V, section 5906.
To a bill relating to laying of conduits for telephone wire, amendments
relating to the prices to be charged for services were held not to be
germane. Volume V, section 5905.
(45) Germane Amendments.--Decisions Relating to Agriculture.
To a bill regulating the sale and speculation in certain farm products
an amendment providing for the free coinage of silver at a fixed ratio
was held not to be germane. Volume V, section 5885.
The distribution of seed grain to a class of destitute farmers was held
not to be germane to the regular Congressional seed distribution for
the improvement of agriculture. Volume V, section 5881.
To a bill designed to prohibit speculation in cotton an amendment
adding wheat and corn was held not be germane. VIII, section 3001.
To a proposal to buy bonds from farm-loan bands for a specified purpose
an amendment proposing the purchase of bonds from another source which
would necessarily contribute directly to the same purpose was held not
to be germane. VIII, section 2990.
To a bill proposing to increase the food supply by educational and
demonstrational methods an amendment proposing to effect such increase
through sale of nitrate of soda was held not to be germane. Volume
VIII, section 2980.
To a bill providing for the conservation of food by educational and
demonstrational methods an amendment to conserve food by prohibiting
the use of food materials in the manufacture of alcoholic beverages was
held not to be germane. Volume VIII, section 2979.
To an amendment relating to ``pineapples in barrels and other
packages'' a proposed substitute relating to ``pineapples in bulk'' was
held not to be germane. Volume II, V section 2974.
AMENDMENTS--Continued.
(45) Germane Amendments.--Decisions Relating to Agriculture--Continued.
To a bill designed to raise the price of agricultural products to a
ratio consistent with the price of other commodities by the creation of
a corporation authorized to deal in such products an amendment
proposing to accomplish the same result through a comprehensive system
of cooperative marketing was held to be germane. Volume VIII, section
2912.
To a bill undertaking to advance the price of agricultural commodities
through the operation of a Federal agency with power to control
marketing conditions an amendment proposing to secure such advance by
granting a bounty to exporters of agricultural commodities was held not
to be germane. Volume VIII, section 2912.
To a bill proposing to raise the price of agricultural products to a
basis of comparative equality with the price of other commodities
through the establishment of a Federal Farm Board authorized to promote
effective marketing an amendment proposing to raise agricultural prices
through the authorization of export debentures on agricultural products
was held not to be germane. Volume VIII, section 2967.
To a bill proposing farm relief through the refinancing of farm-
mortgage loans, an amendment providing for farm relief through
expansion of the currency was held not germane. Volume VIII, section
2969.
To a bill authorizing an investigation of the supply and demand for
foodstuffs, an amendment prohibiting waste, monopolies and hoarding of
foodstuffs was held not to be germane. Volume VIII, section 2970.
An amendment on the subject of renovated butter was held to be germane
to a bill relating to ``oleomargarine and other imitation dairy
products.'' Volume V, section 5919.
(46) Germane Amendments.--Decisions Relating to Commerce and Labor.
To a bill granting a right of way to a railroad an amendment providing
for the purchase of the railroad by the Government was held not to be
germane. Volume V, section 5887.
To a section conferring on carriers the right to recover for loss of
freight an amendment conferring on shippers the right to recover was
held not to be germane. Volume VIII, section 2992.
To a bill providing for a physical valuation of railroads an amendment
dealing with the future issuance of railroad stocks and bonds was held
not germane. Volume VIII, section 2708.
To a bill relating to interstate commerce an amendment pertaining to
foreign commerce was held not to be germane. Volume VIII, section 2918.
To a bill relating to interstate commerce a proposition relating to
intrastate commerce is not germane. Volume VIII, section 2964.
To a bill providing for the distribution of coal by vesting in the
Interstate Commerce Commission power to establish priorities an
amendment providing for distribution through governmental purchase was
held not to be germane. Volume VIII, section 2978.
To a bill establishing telephone rates an amendment prohibiting
reductions in wages of telephone employees while such rates remained
effective was held not to be germane. Volume VIII, section 2982.
To a bill providing for an eight-hour day and creating a commission to
investigate the subject, an amendment authorizing the appointment of a
commission to arbitrate labor disputes and prevent strikes was held not
to be germane. Volume VIII, section 3051.
To a bill prohibiting the mailing of revolvers an amendment prohibiting
the mailing of publications containing advertisements of revolvers was
held not to be germane. Volume VIII, section 3052.
A bill to establish a Department of Commerce and Labor may be
recommitted, with instructions to report instead two bills establishing
separate departments of commerce and labor. Volume V, section 5527.
AMENDMENTS--Continued.
(46) Germane Amendments.--Decisions Relating to Commerce and Labor--
Continued.
To a bill relating to commerce between the States an amendment relating
to commerce within the several States was offered and held not to be
germane. Volume V, section 5841.
(47) Germane Amendments.--Decisions Relating to the Army and Navy.
To a proposition to use proceeds from the sale of battleships for the
construction of another battleship, a proposition to utilize such
proceeds in the construction of roads was held not to be germane.
Volume VIII, section 2973.
To a proposition to authorize the construction of naval vessels an
amendment providing that they be constructed in Government plants was
held to be germane. Volume VIII, section 3063.
To a proposition to construct two ships by contract or in navy yards an
amendment proposing to construct one in a navy yard and the other
either by contract or in a navy yard was held to be germane. Volume
VIII, section 3061.
To a proposition to investigate the cost of armor plate, an amendment
fixing the terms of purchase thereof was held not to be germane. Volume
V, section 5895.
To a bill proposing to increase the efficiency of naval vessels an
amendment authorizing an effort to reduce naval armament was held not
to be germane. Volume VIII, section 3033.
To a bill authorizing the Secretary of War in his discretion to
discharge enlisted men an amendment directing the Secretary of War to
prescribe regulations permitting the discharge of such men was held to
be germane. Volume VIII, section 3054.
To a joint resolution repealing declarations of war an amendment
authorizing the negotiation of treaties of peace was held not to be
germane. Volume VIII, section 2987.
To a bill providing penalties for failure to comply with the draft law
an amendment to award with citizenship those volunteering for service
was held not to be germane. Volume VIII, section 2975.
To a bill providing insurance for crews of vessels an amendment
providing insurance for soldiers transported on such vessels was held
not to be germane. Volume VIII, section 2951.
To a paragraph providing pay for the Navy, an amendment relating to
expenses of recruiting was held not germane. Volume VII, section 1700.
To a bill providing for the reorganization of the Army a new section
prescribing a system of competition in marksmanship among the soldiers
was held to be germane as an amendment. Volume V, section 5910.
To a bill granting soldiers the right to retain Government clothing an
amendment to grant them extra pay was held not to be germane. Volume
VIII, section 2983.
To a bill providing for the payment of compensation under certain
circumstances as a part of the benefits of insurance policies to be
issued by the Government in consideration of the payment of annual
premiums an amendment providing for the payment of such compensation as
a pension was held not to be germane. Volume VIII, section 2985.
To a law providing for the sale of insurance to soldiers in
consideration of the payment of annual premiums an amendment proposing
to grant such insurance for two years without payment of premiums was
held not to be germane. Volume VIII, section 2986.
(48) Germane Amendments.--Decisions Relating to President, Members of
Congress, etc.
A proposition to censure is not germane to a proposition to expel.
(Contra 5923.) Volume VI, section 236.
To a proposition to exclude a Member-elect from the House a proposition
to expel was offered as an amendment and held not to be germane. Volume
V, section 5924.
An amendment to censure a Member has been held germane to a resolution
for his expulsion. Volume V, section 5923.
To a proposition to investigate the conduct of Members in relation to a
Department of the Government an amendment proposing an investigation of
the Department itself was held not to be germane. Volume V, section
5890.
AMENDMENTS--Continued.
(48) Germane Amendments.--Decisions Relating to President, Members of
Congress, etc.--Continued.
To a bill providing for reapportionment of Representatives in congress
an amendment authorizing redistricting of States in accord with such
apportionment is not germane. Volume VIII, section 2996.
To a proposal to fix the commencement of the terms of Representatives
in Congress a proposition to extend the duration of such terms is not
germane. Volume VIII, section 2995.
To a proposition relating to the terms of service of Representatives
and Senators an amendment proposing election of Senators by the people
was held not to be germane. Volume V, section 5882.
To a bill proposing one mode of arranging the Presidential succession
an amendment proposing a joint resolution for submitting a
constitutional amendment on a plan differing as to details was held
germane. Volume V, section 5582.
To a resolution rescinding an order for final adjournment an amendment
assigning a new date was held to be germane. Volume V, section 5920.
(49) Germane Amendments.--General Decisions Holding Germane.
To a proposition to accomplish a certain purpose by one method a
proposition to achieve the same purpose by another closely related
method is germane. Volume VIII, sections 3054-3056.
To a bill creating two boards with separate duties an amendment
creating one board authorized to discharge the duties devolving upon
both boards was held to be germane. Volume VIII, section 3064.
To a bill authorizing the sale of Government property to one vendee an
amendment proposing another vendee was held to be germane. Volume VIII,
section 3062.
To a resolution proposing to amend the rules of the House in a number
of particulars in order to establish a Budget system, an amendment
changing the rules in other particulars with the same object in view
was held to be germane. Volume VIII, section 3055.
An instance wherein a proposal to instruct an executive to take
definite action was held to be germane to a proposal to authorize him
to take such action. Volume VIII, section 3054.
To a bill providing for the establishment of branch banks an amendment
proposing regulations for the control of such branches was held to be
germane. Volume VIII, section 3053.
To a bill authorizing the compilation of census statistics on
population, professions, properties, unemployment, and other subjects
an amendment authorizing the compilation of statistics showing the
number of persons whose right to vote has been abridged was held to be
germane. Volume VIII, section 3017.
To a proposition to collect statistics on population, agriculture,
manufacturing, and mining, an amendment providing for the simultaneous
collection of similar statistics on insurance was held to be germane.
Volume VIII, section 3016.
To a bill providing for the establishment of a sanatorium at Dawson
Springs, Ky., an amendment to establish it on public lands in the State
of Minnesota was held to be germane. Volume VIII, section 2984.
To a proposition relating to motor trucks and passenger-carrying
automobiles an amendment relating to motor trucks, passenger-carrying
automobiles, motor cycles, and trailers was held to be germane. Volume
VII, section 1415.
To a proposition governing the making of a contract in a number of
particulars an amendment proposing to govern the making of the contract
in another particular was held to be germane. Volume VII, section 1413.
Under a special order providing that a specified amendment ``shall be
voted on,'' that particular amendment only must be voted on and no
similar amendment or substitute, even though germane, is in order.
Volume VII, section 782.
AMENDMENTS--Continued.
(49) Germane Amendments.--General Decisions Holding Germane--Continued.
Amendments authorized by special order may be supplanted or amended by
germane propositions of the same import though expressed in different
phraseology. Volume VII, section 781.
To a bill proposing the adjudication of claims arising out of informal
contracts with the Government, through the agency of the Secretary of
War, an amendment proposing to adjudicate such claims through the
agency of a commission appointed for that purpose was held to be
germane. Volume VIII, section 3056.
To a proposition to recoin full legal tender silver dollars into
subsidiary coin an amendment making the latter full legal tender was
held to be germane. Volume V, section 5918.
To a bill providing for an interoceanic canal, specifying a certain
route, an amendment providing for another route was held to be germane.
Volume V, section 5909.
To a proposition to create a board of inquiry an amendment specifying
when the board should report was held to be germane. Volume V, section
5915.
(50) Germane Amendments.--General Decisions Holding Not Germane.
To a proposition to attain a definite object by a specific method a
proposition to achieve the same object by another unrelated method is
not germane. Volume VIII, sections 2779, 2980, 2988.
To a bill providing for vocational rehabilitation in the United States
an amendment extending the provisions of the bill to Hawaii was held
not be germane. Volume VIII, section 2958.
To a provision authorizing distribution through the Red Cross an
amendment providing for distribution through the Salvation Army was
held not germane. Volume VIII, section 2954.
To a proposition to impose a penalty an amendment imposing additional
and unrelated penalties is not germane. Volume VIII, section 3000.
To a resolution to approve the report of a committee an amendment
providing for disapproval of the report and amendment of an existing
law was held not to be germane. Volume VIII, section 2994.
To a bill for the improvement of rivers and harbors an amendment
providing for a commission to study, consider and report on the subject
was held not to be germane. Volume VIII, section 2989.
To a proposal to authorize certain activities an amendment proposing to
investigate the advisability of undertaking such activities is not
germane. Volume VIII, section 2989.
To a proposition to market a commodity for a consideration a
proposition to donate such commodity as a gratuity is not germane.
Volume VIII, section 2986.
To a proposition to sell a commodity, service, or equity a proposition
to give such commodity, service, or equity is not germane. Volume VIII,
section 2985.
To a plan providing for acquisition by gift a substitute providing for
acquisition by purchase is not germane. Volume VIII, section 2984.
To a section providing a penalty an amendment authorizing trial to
determine the imposition of such penalty was held not to be germane.
Volume VIII, section 2977.
To a bill providing for enforcement of a law an amendment proposing
modification of the law was held not to be germane. Volume VIII,
section 2976.
To a proposition to punish for violation of a law a proposition to
award for action tending to achieve the purpose of the law is not
germane. Volume VIII, section 2975.
Two propositions dealing with the same subject matter are not
necessarily germane. Volume VIII, section 2973.
To a proposal to reduce allowances a proposal to increase allowances is
not germane. Volume VIII, section 2972.
To a proposition to pay a claim against the Government an amendment
authorizing the claimant to bring suit in a Federal court for the
amount claimed was held not be germane. Volume VIII, section 3021.
AMENDMENTS--Continued.
(50) Germane Amendments.--General Decisions Holding Not Germane--
Continued.
To a text authorizing arbitration of claims against the Government an
amendment providing an appropriation to pay claims so arbitrated was
held not to be germane. Volume VIII, section 3057.
To a paragraph prohibiting the sale of firearms or intoxicating liquors
to natives of Alaska an amendment providing for a system for licensing
the sale of liquor in that Territory was held not to be germane. Volume
V, section 5894.
To a proposition for the appointment of a select committee to
investigate a certain subject, an amendment proposing an inquiry of the
Executive on that subject was held not to be germane. Volume V, section
5891.
To a bill authorizing the Court of Claims to adjudicate a claim, an
amendment providing for paying the claim outright was held not to be
germane. Volume V, section 5850.
To a proposition to pay a claim an amendment proposing to send the
claim to the Court of Claims was held not to be germane. Volume V,
section 5851.
To a proposition to provide relief for destitute citizens of the United
States in the island of Cuba, a proposition declaring a state of war in
Cuba and proclaiming neutrality, etc., was held not germane. Volume V,
section 5897.
To a resolution requesting information as to the amount of money in the
Treasury of the United States an amendment calling for information as
to the number of distilleries in the United States was held not to be
germane. Volume V, section 5875.
To a resolution for printing a document relating to the colonial
systems of the world an amendment providing for the printing of maps of
Cuba was offered and held not to be germane. Volume V, section 5898.
To a bill relating to the coinage of silver in the Treasury and its use
in redemption of notes issued against it, amendments authorizing the
issue of bonds and also authorizing the giving of notes for deposits of
silver were held not to be germane. Volume V, section 5886.
To a provision for the erection of a building for a mint an amendment
to change the coinage laws was held not to be germane. Volume V,
section 5884.
To a bill relating to the classification for customs purposes of
worsted goods as woolens an amendment relating to duties on wools and
woolens and worsted cloths was held not to be germane. Volume V,
section 5854.
To a bill relating to the tariff between the United States and the
Philippine Islands an amendment declaratory as to the future
sovereignty over those islands was held not to be germane. Volume V,
section 5860.
To a bill for the regulation of corporations engaged in interstate
commerce an amendment relating to tariff duties was held not to be
germane. Volume V, section 5861.
To a proposition relating to the sale of internal-revenue stamps in
Porto Rico a proposition relating to posting lists of persons paying
special taxes in the United States was held not to be germane. Volume
V, section 5859.
(51) Examples of Amendments not Germane.--Unrelated Subjects.
To a resolution requesting information as to the amount of money in the
Treasury of the United States an amendment calling for information as
to the number of distilleries in the United States was held not to be
germane. Volume V, section 5875.
To a provision relating to the duties on certain articles used in the
cotton industry an amendment providing for the free coinage of silver
was held not to be germane. Volume V, section 5865.
To a bill regulating the sale and speculation in certain farm products
an amendment providing for the free coinage of silver at a fixed ratio
was held not to be germane. Volume V, section 5885.
To a bill relating to the coinage of silver in the Treasury and its use
in redemption of notes issued against it, amendments authorizing the
issue of bonds and also authorizing the giving of notes for deposits of
silver were held not to be germane. Volume V, section 5886.
AMENDMENTS--Continued.
(51) Examples of Amendments not Germane.--Unrelated Subjects--
Continued.
To a proposition to provide relief for destitute citizens of the United
States in the island of Cuba a proposition declaring a state of war in
Cuba and proclaiming neutrality, etc., was held not to be germane.
Volume V, section 5897.
To a bill making deficiency appropriations for the Government Printing
Office, among which was none relating to the salary of the Public
Printer, an amendment legislating in relation to the selection of that
official was held not to be germane. Volume V, section 5825.
An amendment which would have changed a resolution of inquiry to one of
instruction was held not to be germane. Volume V, section 5804.
(52) Examples of Amendments not Germane.--On Appropriation Bills.
A revenue amendment is not germane to an appropriation bill. Volume V,
section 5852.
A proposition to improve the harbor of a foreign country was held not
to be germane to the river and harbor bill. Volume IV, section 4121.
An amendment prohibiting the employment of nonresident foreigners on
certain river and harbor works was held not to be germane to the river
and harbor bill. Volume IV, section 4127.
An amendment providing for a system of irrigating arid lands was held
not to be germane to the river and harbor bill. Volume IV, section
4128.
(53) Of the Journal.--As Related to Reading and Approval.
A motion to amend the Journal takes precedence of the motion to approve
it. Volume IV, section 2760.
The motion to amend the Journal may not be admitted after the previous
question is demanded on the motion to approve. Volume VIII, section
2684.
The motion to amend the Journal takes precedence of the motion to
approve it, but the motion to amend is not admitted after the previous
question has been demanded on the motion to approve. Volume VI, section
633.
A motion to amend the Journal may not be admitted after the previous
question is demanded on a motion to approve. Volume IV, section 2770.
After the Journal has been approved amendments should not be ordered.
Volume IV, section 2781.
While the regular time for amending the Journal expires with its
approval, yet this rule has sometimes been waived for the correction of
a yea and nay vote. Volume IV, sections 2767-2769.
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 vote having been incorrectly announced through error on the part of
the Clerk, it is in order to move that the Journal and Record be
amended to conform to the facts, or the Speaker may of his own
initiative announce the correction and direct that the Journal be
corrected. Volume VIII, section 3162.
An error in a vote may be corrected in the Journal of the succeeding
day, even though the result be changed thereby. Volume IV, sections
2829-2831.
The correction of the Journal of a day preceding the last legislative
day is usually made only by unanimous consent. Volume IV, sections
2794-2797.
It has been held that the administration of the oath to a Member takes
precedence of a motion to amend the Journal. Volume I, II section 171.
Discussion of the scope of the Speaker's power to correct the Journal
before it is read. Volume IV, section 2734.
It has been held that the Journal of the last day of a session may not
be amended on the first day of the succeeding session, but this
principle has not been followed uniformly. Volume IV, sections 2743,
2744.
After the Journal had been printed it was held to be too late to amend
it. Volume VI, section 632.
AMENDMENTS--Continued.
(54) Of the Journal.--As Related to Actual Transactions.
In amending the Journal the House may decide as to what are
proceedings, even to the extent of omitting things actually done or of
recording things not done. Volume IV, section 2784. Volume IV, section
634.
The Journal being correct, the Speaker nevertheless entertained a
motion to amend it so as to cause it to state what was not the fact,
leaving the House to decide on the propriety of the action. Volume IV,
section 2785.
The House declined to allow amendment of the Journal entry of a motion
which was recorded exactly as made. Volume IV, section 2783.
Because of the rule requiring every motion made and not withdrawn to be
entered on the Journal, it was held not in order to amend the Journal
by striking out a resolution actually offered. Volume IV, section 2789.
An instance wherein the Senate, after discussion, declined so to amend
the Journal as to state what was not the actual fact. Volume IV,
section 2786.
(55) Of the Journal.--Expunging and Rescinding.
The Speaker has ruled out of order a motion to expunge a portion of the
Journal. Volume IV, sections 2790, 2791.
The House has rescinded a resolution recorded in the Journal of a
preceding Congress. Volume IV, sections 2792, 2793.
(56) Of the Journal.--Reasons not Included.
An expression of opinion as to a decision of the Chair is not in order
as an amendment to the Journal. Volume IV, section 2848.
An instance wherein the House by vote allowed an explanation of a
motion to be entered on the Journal. Volume IV, section 2783.
While the Journal does not record the reasons for an adjournment, such
reasons may be inserted by special direction of the House. Volume IV,
section 2816.
(57) Of the Journal.--May not Insert Excluded Matter by Indirection.
It is not in order to place on the Journal indirectly what the House
has refused to place there directly. Volume IV, section 2805.
In 1843 the House finally decided that a protest, which had been
refused admission to the Journal, might not appear there indirectly.
Volume IV, section 2804.
In the earlier practice protests which the House refused to allow in
the Journal, appeared there indirectly as part of the rejected motion.
Volume IV, sections 2801-2803.
The House having declined to permit protests to be entered on the
Journal, the Speakers have declined to entertain motions to amend the
Journal which would have effected the purpose indirectly. Volume IV,
section 2805.
While a proposed correction of the Journal may be recorded in the
Journal, yet it is not in order to insert in full in this indirect way
what has been denied insertion in the first instance. Volume IV,
section 2782.
It is in order to move to amend the Journal by inserting what the House
has refused to hear read. Volume IV, section 2804.
(58) Of the Journal.--Record of.
Instance wherein a correction of the Journal was recorded in the
Journal. Volume IV, section 2816.
It was the early practice to record in the Journal all motions to amend
the Journal, but in later years the rule has not been adhered to
always. Volume IV, sections 2775-2779.
A correction of the Congressional Record, which involves a motion and a
vote, is recorded in the journal. Volume IV, section 2877.
Instance wherein the Speaker ruled out of order a motion to amend the
Journal by inserting record of proceedings that became null through
errors. Volume IV, section 2814.
AMENDMENTS--Continued.
(59) Of Articles of Impeachment.
Method by which the House amended and voted on the articles of
impeachment in the Chase case. Volume III, section 2344.
Practice in considering and amending articles of impeachment in
Committee of the Whole. Volume III, section 2344.
An instance in which a Member after submitting articles of impeachment
which were referred to a committee of the House, later submitted
amended articles of impeachment which were referred to the same
committee. Volume VI, section 468.
In response to respondent's motion to make more certain, the House
revised an article of the articles of impeachment and transmitted it to
the Senate as amended. Volume VI, section 520.
The amended article of impeachemnt when received in the Senate was
filed without being read, it having previously appeared in full in the
Record. Volume VI, section 521.
The answer of the respondent to the amended article of impeachment.
Volume VI, section 521.
(60) Of the Constitution.--In General.
The Constitution provides the methods by which amendments to it may be
proposed and adopted. Volume V, section 7025.
Instance of the receipt and reference of the application of a State
legislature for the calling of a convention to amend the Constitution
of the United States. Volume V, section 7026.
A joint resolution proposing an amendment to the Constitution is not
required to be placed on a calendar of the Committee of the Whole.
Volume VIII, section 2395.
No amendment to the Constitution may deprive any State, without its
consent, of its equal suffrage in the Senate. Volume V, section 7025.
Forms of resolving clauses used in joint resolutions proposing
amendments to the Constitution (footnote). Volume V, section 7029.
A difference between the two Houses as to an amendment to a proposed
constitutional amendment may properly be committed to a conference.
Volume V, section 7037.
Joint resolutions proposing amendments to the Constitution, although
not requiring the approval of the President, have their several
readings and are enrolled and signed by the Speaker (footnote). Volume
V, section 7029.
It has been conclusively settled that a joint resolution proposing an
amendment to the Constitution should not be presented to the President
for his approval. Volume V, section 7040.
Joint resolutions proposing amendments to the Constitution are, when
passed, filed with the Secretary of State by the Committee on Enrolled
Bills. Volume V, section 7041.
The filing with the Secretary of State and the transmission to the
States of joint resolutions proposing amendments to the Constitution.
Volume V, section 7041.
The two Houses requested the President to transmit to the States
forthwith certain proposed amendments to the Constitution. Volume V,
section 7043.
On one occasion at least the two Houses have requested the President to
transmit to the States a joint resolution proposing an amendment to the
Constitution. Volume V, section 7041.
The law makes no provision for notifying the States of the submission
of a constitutional amendment and a concurrent resolution requesting
the President to transmit to the States such proposed amendments is
without privilege. Volume VIII, section 3508.
The President may notify Congress by message of the promulgation of the
ratification of a constitutional amendment. Volume V, section 7044.
The original notice of ratification of a constitutional amendment by a
State is transmitted to the Secretary of State and a copy to the House,
where it is laid before the House by the Speaker and filed in its
archives. Volume VIII, section 3507.
AMENDMENTS--Continued.
(60) Of the Constitution.--In General.--Continued.
As to the power of a State to recall its assent to a constitutional
amendment. Volume V, section 7042.
(61) Of the Constitution.--Voting on.
The vote required on a joint resolution proposing an amendment to the
Constitution is two-thirds of those voting, a quorum being present, and
not two-thirds of the entire membership. Volume V, sections 7027, 7028.
The vote required for passage of a joint resolution proposing an
amendment to the Constitution is two-thirds of those voting, a quorum
being present, and not two-thirds of the entire membership. Volume
VIII, section 3503.
The requirements of a two-thirds vote for proposing constitutional
amendments has been construed, in the later practice, to apply only to
the vote on final passage. Volume V, sections 7029, 7030.
The yeas and nays are not necessarily taken on the passage of a
resolution proposing an amendment to the Constitution. Volume V,
sections 7038, 7039. Volume VIII, section 3506.
In considering amendments to the Constitution a two-thirds vote was not
required in Committee of the Whole, but was required when the House
voted on concurring in Senate amendments. Volume V, section 7033.
A two-thirds vote is required to agree to amendments of the other House
to joint resolutions proposing amendments to the Constitution. Volume
V, section 7034. Volume VIII, section 3505.
One House having, by a two-thirds vote, passed in amended form a
proposed constitutional amendment from the other House, and then having
by a majority vote receded from its amendment, the constitutional
amendment was held not to be passed. Volume V, section 7035.
A two-thirds vote is required to agree to a conference report on a
joint resolution proposing an amendment to the Constitution. Volume V,
section 7036.
Proposed amendments to the Constitution may be amended by a majority
vote. Volume V, sections 7031, 7032.
Proposed amendments to the Constitution may be amended by a majority
vote. Volume VIII, section 3504.
(62) Of the Constitution.--Jurisdiction of Committees as to.
The Committee on the Judiciary has a general but not exclusive
jurisdiction over joint resolutions proposing amendments to the
Constitution of the United States. Volume IV, section 4056.
The Committee on the Judiciary has a general but not exclusive
jurisdiction over joint resolutions proposing amendments to the
Constitution of the United States. Volume VII, section 1779.
A joint resolution proposing a constitutional amendment authorizing
mutual taxation of salaries between State and Federal Governments was
held to come within the jurisdiction of the Committee on the Judiciary
rather than that of the Committee on Ways and Means. Volume VII,
section 1780.
Proposed changes of the Constitution as to the terms of Congress and
the President, and the time of annual meeting of Congress, have been
considered by the Committee on Election of President, Vice-President,
and Representatives in Congress. Volume IV, section 4302.
The Committee on Election of President, Vice-President, and
Representatives in Congress has reported proposed constitutional
amendments providing for election of Senators by the people and the
disqualification of polygamists as Representatives. Volume IV, section
4300.
Propositions relating to wages and hours of labor, even when a
constitutional amendment has been proposed, have been considered by the
Committee on Labor. Volume IV, section 4247.
AMENDMENTS BETWEEN THE HOUSES. ``See also Conferences.''
(1) Conditions and limitations of.
(2) Text to which both Houses have agreed may not be changed.
(3) Precedence of motions as to.
(4) Nature and effect of motions as to.
(5) Agreeing with amendment.
(6) Insisting.
(7) Receding.
(8) Adhering.--General practice.
(9) Adhering.--In relation to conference.
(10) Adhering.--Resulting in loss of bill.
(11) Consideration in the House.
(12) Consideration in Committee of the Whole.
(13) Messages relating to.
(14) Uses of special orders in relation thereto.
(15) When legislation on general appropriation bills is proposed.
(16) When attached to proposed amendments to the Constitution.
(1) Conditions and Limitations of.
Either House may amend a bill of the other before passing it. Volume V,
section 6163.
One House may agree outright in an amendment of the other, may agree
with an amendment, or may disagree outright. Volume V, section 6163.
A motion being made to agree to an amendment of the other House with an
amendment, it is in order to perfect that amendment by another
amendment and a substitute. Volume V, section 6175.
A bill of one House being passed in the other with amendment, the
originating House may concur with an amendment, whereupon the other
House may concur with still another amendment, but here the process
stops. Volume V, section 6163.
An amendment of one House being amended by the other, the first House
may amend the last amendment, but further amendment is not permissible.
Volume V, sections 6167, 6177.
An instance of substitute amendments between the Houses carried to the
furthest degree. Volume V, section 6178.
One House may pass a bill with blanks to be filled by the other House.
Volume V, section 5781.
One House may not send to the other an amendment of its own bill after
it is passed. Volume V, section 6216.
The House having disagreed and ordered conferees on Senate amendments
on which Senate has insisted and ordered conferees, the stage of
disagreement has been reached. Volume VIII, section 3232.
A bill with amendments of the other House is privileged after the state
of disagreement has been reached. Volume VIII, section 3194.
After the stage of disagreement had been reached on amendments between
the Houses, the Senate decided that new matters might not be brought in
by way of amendment. Volume V, section 6227.
The conference on a disagreement as to Senate amendments to a House
bill having failed, the Senate reconsidered its action in amending and
passing the bill, passed the bill with a new amendment, and asked a new
conference. Volume V, section 6292.
Illustration of disposition of amendments between the Houses without
intervention of a Committee of Conference. Volume V, section 6165.
Instance wherein, under a unanimous consent agreement, a Senate
amendment was taken up after the bill had been sent to conference and
agreed to by the House without recommendation or report from the
conferees. Volume VIII, section 3202.
AMENDMENTS BETWEEN THE HOUSES--Continued.
(1) Conditions and Limitations of--Continued.
A conference report having been recommitted to the committee of
conference, the papers are no longer before the House, and no motion
for disposition of the amendments in disagreement is in order. Volume
VIII, section 3328.
(2) Text to Which Both Houses Have Agreed May Not be Changed.
When a bill with Senate amendments is taken from the calendar for
consideration, only the amendments are before the House, and the
remainder of the bill, having been agreed to by both Houses, is not
subject to further consideration. Volume VIII, section 3187.
The House may not, even by unanimous consent, change the text to which
both Houses have agreed. Volume V, section 6179.
In considering the House Senate amendments to a House bill it is not in
order to change the text to which both Houses have agreed. Volume V,
section 6180.
The text to which both Houses have agreed may not be changed in the
slightest particular. Volume V, section 6181.
The text to which both Houses have agreed may not be amended, even by
adding a new section at the end of the bill. Volume V, section 6182.
The fact that an amendment proposed to a Senate amendment would in
effect change a provision of the text to which both Houses have agreed
does not constitute a reason why the Speaker should rule it out. Volume
II, section 1335. Volume V, sections 6183-6185.
(3) Precedence of Motions as to.
The parliamentary law governing the precedence and effect of the
motions to agree, disagree, recede, insist, and adhere. Volume V,
section 6164.
The motions to recede, insist, and adhere have precedence in the order
named without regard to the order in which they may be offered. Volume
V, section 6324.
The motion to amend an amendment of the other House has precedence of
the motion to agree or disagree. Volume V, sections 6164, 6169-6171.
A motion proposing a substitute for a Senate amendment yields to a
motion for a perfecting amendment. Volume VIII, section 3184.
A motion to amend an amendment from the other House takes precedence of
a motion to agree or disagree. Volume VIII, section 3187.
When Senate amendments are taken up for the first time, the motion to
concur with an amendment takes precedence over the simple motion to
concur, but after the House has disagreed the order is reversed and
subsequently the motion to recede and concur takes precedence over the
motion to recede and concur with an amendment. Volume VIII, sections
3200, 3202, 3203.
The stage of disagreement not being reached, the motion to concur in an
amendment of the other House with an amendment has precedence of the
simple motion to concur. Volume V, section 6321.
The stage of disagreement not being reached, the motion to concur in an
amendment of the other House with an amendment has precedence of the
simple motion to concur, but, the stage of disagreement having been
reached, the motion to recede and concur takes precedence of the motion
to recede and concur with an amendment. Volume VIII, section 3202.
The previous question being demanded or ordered on a motion to concur
in a Senate amendment, a motion to amend is not in order. Volume V,
section 5488.
Before the stage of disagreement has been reached, the motion to refer
to a committee Senate amendments returned with a House bill has
precedence of a motion to agree to the amendments. Volume V, sections
6172-6174.
AMENDMENTS BETWEEN THE HOUSES--Continued.
(3) Precedence of motions as to--Continued.
The stage of disagreement having been reached, the motion to recede and
concur takes precedence over the motion to recede and concur with an
amendment, but the motion to recede and concur having been divided, and
the House having receded, the motion to concur is first voted on and if
rejected then the motion to concur with an amendment. Volume VIII,
section 3196.
The previous question having been ordered on a motion to agree to a
Senate amendment to a House bill, a motion to commit is in order.
Volume V, section 5575.
The stage of disagreement having been reached, the motion to insist has
precedence of the motion to refer. Volume V, section 6225.
A motion to recede has precedence of the motion to insist. Volume V,
section 6308.
A motion to insist on disagreement to a Senate amendment yields to a
motion to agree and is not acted on in event of rejection of the latter
motion. Volume VIII, section 3183.
The motion to recede takes precedence of the motion to insist or the
motion to ask a conference. Volume V, section 6270.
Although the previous question may have been demanded on a motion to
insist, it has been held that a motion to recede and concur might be
admitted to precedence. Volume V, section 6321a.
In the consideration of Senate amendments to a House bill the motion to
concur takes precedence over the motion to disagree further. Volume
VIII, sections 3179, 3204.
A motion to recede and concur in a Senate amendment takes precedence of
a motion to insist further on disagreement to the Senate amendment.
Volume VIII, section 3205.
The motion to recede from disagreement and concur in a Senate amendment
has precedence of a motion to insist further, but a Member by offering
such motion may not deprive the Member-in-charge of the floor. Volume
VIII, section 3193.
A motion to recede and concur is in order even after the previous
question has been demanded on a motion to insist. Volume V, section
6208.
After the previous question has been moved on a motion to adhere a
motion to recede may not be made. Volume V, section 6310.
The stage of disagreement having been reached, the motion to recede and
concur takes precedence of the motion to recede and concur with an
amendment. Volume V, sections 6219-6223.
A motion to recede and concur is divisible, and being divided and the
House having receded, a motion to amend has precedence of the motion to
concur. Volume V, sections 6209-6211. Volume VIII, sections 3197, 3198,
3203.
The motion to recede and concur in a Senate amendment with an amendment
takes precedence of a motion to insist further on the House's
disagreement to the Senate amendment. Volume V, section 6224.
(4) Nature and Effect of Motions as to.
As to the motions to agree or disagree the affirmative of one is
equivalent to the negative of the other. Volume V, section 6164.
A negative vote on a motion to concur in a Senate amendment was held
equivalent to an affirmative vote to disagree. Volume VIII, sections
3178, 3179.
The Committee of the House having recommended disagreement to a Senate
amendment, and the House having negative a motion to concur in the
recommendation, it was held that the House agreed to the amendment.
Volume V, section 6168.
The negative of the motion to recede is not equivalent to the
affirmative of the motion to insist. Volume V, section 6164.
The motion to agree or concur should be put in the affirmative and not
the negative form. Volume V, section 6166.
By receding from an amendment with which it agreed to a Senate
amendment the House does not thereby agree to the Senate amendment.
Volume VIII, section 3199.
AMENDMENTS BETWEEN THE HOUSES--Continued.
(4) Nature and Effect of Motions as to--Continued.
Amendments being in issue between the Houses, the motion to recede may
be repeated at a new stage of the proceedings. Volume V, section 6207.
Before the stage of disagreement is reached the motion to concur with
an amendment is not divisible. Volume VIII, section 3176.
On the question of agreeing or disagreeing to a Senate amendment it is
not in order to demand a division so as to vote separately on different
portions of the amendment. Volume VIII, section 3175.
When a Senate amendment is reported back to the House from Committee of
the Whole with an amendment and with the recommendation that the Senate
amendment as amended be concurred in, the vote is taken first on the
proposed amendment and then on concurrence. Volume VIII, section 3192.
The Committee of the Whole having reported a Senate amendment with the
recommendation that it be agreed to with an amendment, a separate vote
was had on the amendment to the Senate amendment. Volume VIII, section
2420.
On the question of agreeing or disagreeing to a Senate amendment it is
not in order, according to the weight of authority, to demand a
division so as to vote separately on different portions of the
amendment. Volume V, sections 6151-6156.
The previous question having been ordered to the report of the
Committee of the Whole recommending disagreement to Senate amendments,
the preferential motion to concur was held not to be in order. Volume
VIII, section 3211.
Laying on the table the motion to postpone consideration of Senate
amendments was held not to carry to the table pending motions for their
disposition. Volume VIII, section 2657.
The Committee of the Whole having reported back Senate amendments to a
bill with recommendations for their disposition, it was held that a
motion to recommit properly applied to the bill and not to the
amendments. Volume VIII, section 2743.
(5) Agreeing with Amendment.
Where the Senate had amended a House bill by striking out a section it
was held in order in the House to concur with an amendment inserting a
new text in lieu of that stricken out. Volume V, section 6186. Volume
VIII, section 3190.
In amending a Senate amendment the House is not confined with the
limits of amount set by the original bill and the Senate amendment.
Volume V, section 6187.
In the consideration of Senate amendments in the House an amendment
must be germane to the particular Senate amendment to which it is
offered, it not being sufficient that it should be germane to
provisions of the bill. Volume V, sections 6188-6191.
A motion to concur in a Senate amendment with an amendment is not in
order while a motion to concur with another amendment is pending, but
may be offered as an amendment or as a substitute for the pending
motion. Volume VIII, section 3201.
The Committee of the Whole having reported a Senate amendment with the
recommendation that it be agreed to with an amendment, a separate vote
was had on the amendment to the Senate amendment. Volume VIII, section
2420.
When the House disagrees to a Senate amendment after amending it the
adopted amendment is of no effect. Volume V, section 6169.
(6) Insisting.
Both Houses insisting and neither asking a conference, the bill failed.
Volume V, section 6228.
When the originating House disagrees to the amendment of the other
House the latter may recede from or insist on its own amendment, but
may not couple an amendment with this action. Volume V, section 6163.
AMENDMENTS BETWEEN THE HOUSES--Continued.
(6) Insisting--Continued.
Instance wherein, after managers of a conference had reported their
inability to agree, a resolution insisting on the House's disagreement
to Senate amendments and asking a further conference was admitted as
privileged. Volume V, section 6272.
Statement with reference to an unwritten rule of conference that the
House proposing an amendment on which agreement can not be secured must
recede or accept responsibility for failure of the bill. Volume VIII,
section 3209.
The House having under consideration a number of Senate amendments, it
was held that a motion to insist on disagreement to one amendment might
not include agreement to conference asked by the Senate until
disposition of all pending amendments had been determined. Volume VIII,
section 3210.
(7) Receding.
When one House recedes from its amendment to a bill of the other, the
bill is thereby passed, if there be no other point of difference as to
the bill. Volume V, section 6312.
The rejection of a motion to recede from disagreement to a Senate
amendment and concur therein is equivalent to further disagreement to
the amendment. Volume VIII, section 3195.
One House having receded from certain of its amendments, may not at a
subsequent stage recall their action in order to form a new basis for a
conference. Volume V, section 6251.
The House may not recede from its own amendments with an amendment.
Volume V, sections 6216-6218.
Instance wherein the Senate receded from its own amendment to a House
bill with an amendment. Volume VIII, section 3183.
An instance wherein one House receded from its own amendment after the
other House had returned it concurred in with an amendment. Volume V,
section 6226.
Where one House recedes from its amendment to a bill after the other
has concurred in the amendment with an amendment, agreement has not
been reached and the bill is not passed. Volume VIII, section 3177.
Instance wherein the Senate receded from its amendment to a House bill,
although it had insisted and asked a conference, to which the House had
agreed. Volume V, section 6319.
Instance wherein the Senate receded from its disagreement to a House
amendment to its amendment, although it had insisted and asked a
conference, to which the House had agreed. Volume VIII, section 3218.
By receding from its disagreement to a Senate amendment, the House does
not thereby agree to the same. Volume V, section 6215.
By receding from an amendment with which it agreed to a Senate
amendment, the House does not thereby agree to the Senate amendment.
Volume VIII, section 3199.
The question on a motion to recede from an amendment to a Senate
amendment and concur in the Senate amendment may be divided on the
demand of any Member. Volume VIII, section 3199.
The House having receded from its disagreement to Senate amendments,
they are open to amendment precisely as before the original
disagreement. Volume V, sections 6212-6214.
It was very early insisted on as a principle that where on House
proposes to an appropriation bill an amendment firmly resisted by the
other proposing House should recede. Volume IV, section 3905.
(8) Adhering.--General Practice.
When both Houses have insisted, neither inclining to recede, it is in
order to adhere, but in parliament adherence is not usually voted until
there have been at least two conferences. Volume V, section 6163.
An instance of immediate adherence to a first disagreement. Volume V,
section 6303.
AMENDMENTS BETWEEN THE HOUSES--Continued.
(8) Adhering.--General Practice--Continued.
One House after an amendment or disagreement by the other, may at once
adhere, but this does not preclude the granting of the request of the
other House for a conference. Volume V, sections 6241-6244.
The House may recede from its disagreement to certain amendments and
adhere to it as to others. Volume V, section 6229.
One House having adhered, may at the next stage vote to further adhere.
Volume V, section 6251.
The House having adhered to its disagreement to a Senate amendment, and
the Senate having insisted, the House receded from its adherence and
agreed to the amendment with an amendment. Volume V, section 6401.
After the House had adhered it reconsidered its action, receded from
its disagreement, and agreed to the Senate amendment with an amendment.
Volume V, section 6253.
The House may recede from its adherence. Volume V, section 6252.
Instances where, after one House had adhered, the other receded. Volume
V, sections 6247-6250.
(9) Adhering.--In Relation to Conference.
A vote to adhere may not be accompanied by a request for a conference.
Volume V, section 6303. Volume VIII, section 3208.
After an adherence by both Houses a conference is not asked. Volume V,
section 6308.
After one House has adhered the other may recede or ask a conference,
which may be agreed to by the adhering House. Volume V, sections 6304-
6307.
When one House asks a conference after the other House has adhered, the
adhering House may agree to the conference without reconsidering or
receding from its vote to adhere. Volume V, section 6310.
One House, having adhered, may recede from its adherence and agree to a
conference asked by the other. Volume V, section 6251.
Where one House votes to adhere to its attitude of disagreement the
other may vote to insist and ask a conference. Volume V, section 6308.
The Senate having disagreed to an amendment of the House, and the House
having insisted, the Senate adhered, whereupon the House, for the first
time, asked a conference, which was granted. Volume V, section 6309.
The managers of a conference having reported inability to agree, the
House voted to adhere to its disagreements to the Senate amendment,
whereupon the Senate receded from it. Volume V, section 6312.
(10) Adhering.--Resulting in Loss of Bill.
An adherence by both Houses to disagreement over amendments causes a
bill to fail. Volume V, section 6163.
The inability of the two Houses to agree on even the slightest
amendment to a bill causes the loss of the bill. Volume V, sections
6233-6240.
In many instances bills have been lost by the adherence of both Houses,
sometimes in earlier days, when no effort at adjustment by conference
had been made. Volume V, sections 6233-6240.
Instances of the loss of bills by the adherence of both Houses to
attitudes of disagreement over amendments. Volume V, section 6313.
Bills on which one House had adhered have been lost by the expiration
of the Congress, even while the roll was being called on a motion to
recede that might have passed the bill. Volume V, sections 6230-6232.
Instance of prolonged disagreement resulting in the loss of a bill.
Volume V, sections 6324, 6325.
Instance where a House bill returned with Senate amendments adhered to
was postponed indefinitely. Volume V, section 6200.
AMENDMENTS BETWEEN THE HOUSES--Continued.
(11) Consideration in the House.
When Senate amendments to a House bill are considered in the House they
are taken up in their order. Volume V, sections 6197, 6198.
When a bill with Senate amendments is taken up for consideration, the
amendments must be read before consideration begins. Volume VIII,
section 3232.
In the consideration of amendments on a bill pending between the two
Houses it is not necessary to read the entire bill when the amendments
come up for action. Volume IV, section 3407.
A Senate amendment under consideration in the House is treated for
purposes of amendment as an original bill. Volume VIII, sections 2825,
2939.
Under the former rules a House bill with Senate amendments requiring to
be referred was referred by vote of the House. Volume IV, section 3105.
Senate amendments to House bills on the Speaker's table not requiring
consideration in the Committee of the Whole may be disposed of by
motion authorized by the committee reporting the bill. Volume VIII,
section 2382.
A House bill with Senate amendments not requiring consideration in the
Committee of the Whole, in the absence of disposition by the House on
its receipt from the Senate, was referred by the Speaker under clause 2
of Rule XXIV to the appropriate committee. Volume VI, section 730.
A House bill relating to the revenue being returned with a Senate
amendment in the nature of a substitute relating to coinage, was in the
House referred to the committee having jurisdiction of the subject of
the original bill. Volume IV, section 4378.
A private bill of the House returned from the Senate with a substitute
amendment of a public nature, was held to be a private bill still.
Volume IV, section 3288.
A question of personal privilege has been given precedence over
privileged Senate amendments remaining to be disposed of after the
rejection of a conference report. Volume III, section 2531.
The highly privileged character of general appropriation bills
continues at all stages, including the period after they are returned
with Senate amendments. Volume IV, section 3148.
A motion to lay on the table a House bill returned with Senate
amendments is in order. Volume V, section 6201-6203.
It is in order to lay on the table Senate amendments to a House bill,
and the bill in such a case goes to the table with the amendments.
Volume V, section 5424.
In the consideration of Senate amendments a simple motion for the
previous question applies to the immediate question only and does not
include other pending questions. Volume VIII, section 2676.
Early instances where one House postponed to an indefinite time bills
returned from the other with amendments disagreed to and requests for a
conference. Volume V, section 6199.
(12) Consideration in Committee of the Whole.
Senate amendments to House bills must be considered in Committee of the
Whole if they be such as, originating in the House, would be subject to
that requirement. Volume IV, section 4796.
The fact that a House bill was considered in Committee of the Whole is
not taken into consideration in determining whether Senate amendments
thereto require consideration in the Committee of the Whole, but the
question as to whether a charge upon the Government is involved is
applied to each amendment received from the Senate. Volume VIII,
section 2381.
A Senate amendment which is a modification merely of a House
proposition is not required to be considered in Committee of the Whole.
Volume VIII, section 2383.
AMENDMENTS BETWEEN THE HOUSES--Continued.
(27) Consideration in Committee of the Whole--Continued.
A Senate amendment which is a modification merely of a House
proposition, like the increase or decrease of the amount of an
appropriation or a mere legislative proposition, and does not involve
new and distinct expenditure, is not required to be considered in
Committee of the Whole. Volume IV, sections 4797-4806.
A Senate amendment merely increasing or decreasing the amount of a
House appropriation, without providing new subjects of expenditure,
does not require consideration in the Committee of the Whole. Volume
VIII, sections 2382, 2385.
A Senate amendment restricting the powers granted by a House bill to a
commission to refund foreign loans does not require consideration in
Committee of the Whole. Volume VIII, section 2383.
A Senate amendment authorizing expenditures from a naval hospital fund
is not required to be considered in the Committee of the Whole. Volume
VIII, section 2382.
A House bill with Senate amendments requiring consideration in
Committee of the Whole should be referred from the Speaker's table to
the proper standing committee under the rules. Volume IV, sections
3106, 3107.
General discussion of rule requiring reference from the Speaker's table
to a standing committee of House bills returned with Senate amendments
such as require consideration in Committee of the Whole. Volume IV,
sections 3091-3093.
Where the question of requiring consideration in Committee of the Whole
was raised against a Senate amendment which on its face apparently
placed a charge upon the Treasury the Speaker held it devolved upon
those opposing the point of order to cite proof to the contrary. Volume
VIII, section 2387.
Form of special order discharging committee from consideration of House
bill with Senate amendments and providing for consideration in
Committee of the Whole. Volume VII, section 819.
Form of special order for considering a Senate bill in the Committee of
the Whole making in order House committee amendments and providing for
separate vote on each. Volume VII, section 799.
Form of special order authorizing a motion to consider Senate
amendments in Committee of the Whole. Volume VII, section 825.
The point being made and sustained that a Senate amendment to a House
bill must be considered in Committee of the Whole, the bill is referred
directly from the Speaker's table to the standing committee having
jurisdiction. Volume IV, sections 3094, 3095.
A House bill returned with Senate amendments involving a new matter of
appropriation, whether with or without a request for a conference, is
referred directly to a standing committee and on being reported
therefrom is referred to the Committee of the Whole. Volume IV,
sections 3108-3110.
A Senate amendment being such as requires consideration in Committee of
the Whole, the bill and amendment are referred directly from the
Speaker's table to the appropriate standing committee. Volume IV,
section 3090.
The fact that one of several Senate amendments must be considered in
Committee of the Whole does not prevent the House from proceeding with
the disposition of those not subject to the point of order. Volume IV,
section 4807.
Senate amendments being under consideration in the House, and an
amendment thereto requiring consideration in Committee of the Whole
being proposed, the House at once goes into Committee of the Whole to
consider it. Volume IV, section 4795.
A Senate amendment being under consideration and a proposition being
made to concur with an amendment requiring consideration and a
proposition being made to concur with an amendment requiring
consideration in Committee of the Whole, the entire bill goes to the
Committee of the Whole, although only one proposed amendment is
considered. Volume IV, section 4808.
AMENDMENTS BETWEEN THE HOUSES--Continued.
(12) Consideration in Committee of the Whole--Continued.
An amendment to a Senate amendment providing an appropriation for
another purpose than that of the Senate amendment requires
consideration in Committee of the Whole. Volume IV, section 4795.
When a House bill with Senate amendments is committed to the Committee
of the Whole that committee considers only the amendments. Volume V,
section 6192.
Senate amendments referred to the Committee of the Whole must be
considered, although they may not be within the rule requiring such
consideration. Volume V, section 6195.
In Committee of the Whole a Senate amendment, even though it be very
long, is considered as an entirety and not by paragraphs or sections.
Volume V, section 6194.
Senate amendments considered in Committee of the Whole are each subject
to general debate and amendment under the five-minute rule. Volume V,
section 6196.
The process of amending Senate amendments as amended. Volume V, section
6193.
In the Committee of the Whole, as in the House, a negative vote on the
motion to concur is equivalent to an affirmative vote to disagree.
Volume VIII, section 3182.
(13) Messages Relating to.
One House having taken action on an amendment of the other, informs the
latter House by message. Volume V, section 6322.
Form of message where the House disagrees to certain amendments of the
Senate to a House bill and agrees to others with amendments. Volume V,
section 6287.
Forms of messages announcing disagreements and insistence as to
amendments, and asking conferences. Volume V, sections 6597-6599.
Form of message by which one House announces to the other the fact of
its disagreement to an amendment of the other House to one of its
bills. Volume V, section 6321a.
The fact that the House had informed the Senate that it had agreed to a
Senate amendment to a House bill was held not to prevent a motion to
reconsider the vote on agreeing. Volume V, section 5672.
A House bill with Senate amendment being lost by a House committee the
House ordered a duplicate engrossed copy of the bill and requested of
the Senate a copy of the amendment. Volume IV, sections 3473, 3474.
Correction of an error whereby a Senate amendment to a House bill had
failed to be included in a message. Volume V, section 6606.
The Senate having proposed an amendment to a Senate bill which had
passed both Houses, the House declined to entertain the amendment and
by message informed the Senate that it could not act on a matter not in
disagreement between the two Houses. Volume VIII, section 3185.
(14) Uses of Special Orders in Relation Thereto.
Form of special order for amending a Senate bill and asking a
conference with the Senate thereon. Volume IV, sections 3242.
Form of special order providing for summary agreement to Senate
amendment. Volume VIII, section 3149.
Form of special order for considering numerous Senate amendments to a
House bill without permitting debate and a vote on each separate
amendment and for asking a conference at the same time. Volume IV,
sections 3243-3249.
Instance wherein a House bill returned from the Senate with amendments
was taken from the Speaker's table and sent to conference on one motion
through the medium of a special order. Volume V, section 6405.
(15) When Legislation on General Appropriation Bills is Proposed.
When a Senate amendment proposes on a general appropriation bill an
expenditure not authorized by law or legislation, it is in order in the
House to perfect it by germane amendments. Volume IV, sections 3913-
3916.
AMENDMENTS BETWEEN THE HOUSES--Continued.
(15) When Legislation on General Appropriation Bills is Proposed--
Continued.
A proposition germane but involving legislation has sometimes been
admitted as an amendment to a Senate amendment to an appropriation
bill, and sometimes ruled out. Volume IV, sections 3909-3912.
The principle seems to be generally accepted that the House proposing
legislation on a general appropriation bill should recede if the other
House persists in its objection. Volume IV, sections 3906-3908.
A Senate amendment to an appropriation bill which does not propose
legislation is not subject to amendments proposing legislation. Volume
VII, section 1480.
In 1898 a Senate committee reported against a proposition to add to a
general appropriation bill legislation on an important public question,
holding it not proper to attempt thus to coerce the House of
Representatives. Volume IV, section 3904.
Propositions for the presentation of legislation in Senate amendments
(footnote). Volume IV, section 3904.
(16) When Attached to Proposed Amendments to the Constitution.
In considering amendments to the Constitution a two-thirds vote was not
required in Committee of the Whole, but was required when the House
voted on concurring in Senate amendments. Volume V, section 7033.
A two-thirds vote is required on motions disposing of Senate amendments
to propositions requiring a two-thirds vote for passage. Volume VIII,
section 3178.
A two-thirds vote is required to agree to a Senate amendment to a joint
resolution proposing an amendment to the Constitution. Volume V,
section 7034.
A difference between the two Houses as to an amendment to a proposed
constitutional amendment may properly be committed to a conference.
Volume V, section 7037.
One House having, by a two-thirds vote, passed, in amended form, a
proposed constitutional amendment from the other House, and then
having, by a majority vote, receded from its amendment, the
constitutional amendment was held not to be passed. Volume V, section
7035.
AMERICAN CITIZENS.
Questions relating to the protection of American citizens abroad and
expatriation belong to the jurisdiction of the Committee on Foreign
Affairs. Volume VII, section 1883.
Conferring of jurisdiction relative to determination of rights of
American citizens under treaties or in international litigation is a
subject within the jurisdiction of the Committee on the Judiciary.
Volume VII, section 1784.
Control and disposition of alien property held by the United States,
and the adjudication of conflicting claims of American subjects against
foreign governments and foreign subjects against the United States are
within the jurisdiction of the Committee on Ways and Means. Volume VII,
section 1737.
AMERICAN NATIONAL RED CROSS.
The incorporation of the American National Red Cross and the protection
of its insignia are subjects within the jurisdiction of the Committee
on Foreign Affairs. Volume IV, section 4173.
AMERICAN REGISTRY.
A bill granting American register to a foreign-built vessel is classed
as a private bill. Volume IV, section 3292.
AMERICANIZATION.
An appropriation for Americanization work in the District of Columbia
was held not to be authorized by law. Volume VII, section 1190.
AMES, ADELBERT.
The Senate overruled its committee and held as qualified Adelbert Ames,
who, when elected Senator from Mississippi, was merely stationed there
as an army officer, but who had declared his intention of making his
home in that State. Volume I, section 438.
AMES, OAKES.
The censure of Oakes Ames for acts done in connection with the Credit
Mobilier. Volume II, section 1286.
ANDERSON.
The contempt case of John Anderson before the House in 1818. Volume II,
sections 1606, 1607.
The inquiry into the conduct of Harry B. Anderson, United States judge
for the western district of Tennessee, in 1931. Volume VI, sections
542, 551.
The Kentucky election case of Chrisman v. Anderson in the Thirty-sixth
Congress. Volume I, section 538.
The Maine election case of Anderson v. Reed in the Forty-seventh
Congress. Volume II, section 971.
The Missouri election case of Switzler v. Anderson in the Fortieth
Congress. Volume II, sections 867, 868.
ANDERSON, SYDNEY, of Minnesota, Chairman.
Decisions on questions of order relating to--
Appropriations. Volume VII, sections 1279, 1686.
Debate. Volume VIII, sections 2586, 2594.
Germaneness. Volume VIII, sections 2925, 2938, 2940, 2945, 3026, 3058.
Recognition. Volume VI, section 304.
Substitute. Volume VIII, sections 2838, 2879, 2893, 2896.
ANDREWS.
The New Mexico case of Larrazola v. Andrews, in the Sixtieth Congress.
Volume VI, section 123.
ANIMAL INDUSTRY.
The animal industry, inspection of livestock and meat products, and
diseases of animals are subjects within the jurisdiction of the
Committee on Agriculture. Volume IV, section 4154.
ANIMALS.
The adulteration of seeds, insect pests, protection of birds and
animals in forest reserves, grading of grain, etc., are subjects within
the jurisdiction of the Committee on Agriculture. Volume IV, section
4157.
The Committee on Ways and Means no longer exercises jurisdiction as to
the seal herds and other revenue producing animals of Alaska. Volume
VII, section 1725.
ANNIVERSARIES.
Bills relating to the observance of anniversaries and the commemoration
of historical events have been reported by the House branch of the
Joint Committee on the Library. Volume VII, section 2087.
Commemoration of the two hundredth anniversary of the birth of George
Washington. Volume VIII, section 3534.
ANNOUNCEMENT.
All related proceedings subsequent to the announcement of an erroneous
result of a vote fall, the votes to reconsider and lay on the table not
excepted. Volume V, section 6089.
A wrong result having been announced on a vote on an amendment to a
bill, it was held on the next day that the question recurred to that
point with all rights intact although the bill had actually been
passed. Volume V, sections 6089-6092.
Where by an error of the Clerk in reporting the yeas and nays the
Speaker announces a result different from that shown by the roll, the
status of the question must be determined by the vote as actually
recorded. Volume VIII, section 3162.
Discovery of error in the count of a vote subsequent to the
announcement of the vote, even on another day, vitiates the
proceedings. Volume VIII, section 3126.
ANNOUNCEMENT--Continued.
At the end of a yea-and-nay vote on a motion to adjourn, pending a call
of the House, Members appearing prior to the announcement of the vote
were recorded without the qualification. Volume VIII, section 3152.
On a vote by tellers the Chair announces the vote as reported by the
tellers and does not inquire as to the correctness of such report.
Volume VIII, section 3098.
Representation being made before announcement of the result that the
count by tellers was incorrect, on a close vote, the Chairman ordered a
recount. Volume VIII, section 3099.
It is the duty of the Speaker to announce the absence of a quorum
without unnecessary delay. Volume VI, section 652.
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.
The House having recessed after finding itself without a quorum, at the
expiration of the recess the Speaker announced the absence of a quorum
and entertained a motion for a call of the House. Volume VI, section
664.
The Chairman having announced the absence of a quorum in Committee of
the Whole, a motion to rise is in order and if a quorum develops on the
vote by which the motion is rejected the roll is not called and the
Committee proceeds with its business. Volume VIII, section 2369.
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.
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.
It is not in order after a record vote on which he failed to vote for a
Member to announce how he would have voted if present. Volume VIII,
section 3151.
The signal bells having failed to ring announcing a vote, the House
ordered that they be tested. Volume VIII, section 3155.
Failure of the bells to function properly in announcing a vote does not
waive the rule requiring Members to be in the hall and listening when
their names are called. Volume VIII, section 3157.
Failure of the signal bells to announce a vote does not warrant
repetition of the roll call. Volume VIII, section 3153.
An instance wherein the Chair after announcing a decision subsequently
reversed the opinion. Volume VIII, section 3435.
An instance in which the Speaker announced to the House that after
further consideration he did not desire a recent decision to be
considered as a precedent. Volume VIII, section 2424.
The two Houses by concurrent resolution provide for the meeting to
count the electoral vote, for the appointment of tellers, and for the
declaration of the state of the vote.Volume III, section 1961.
At the conclusion of the electoral count the President of the Senate
merely announces the state of the vote, which with the list of the
votes is entered on the Journals of the two Houses. Volume III, section
1918.
At the electoral count of 1821 arrangement was made for an alternative
announcement in case objections should be made to the electoral vote of
Missouri, which would not change the result. Volume III, section 1066.
ANNUITY.
Widows of former ex-Presidents are sometimes granted an annuity. Volume
VIII, section 3584.
ANNUL.
In a single instance the Senate annulled its action in expelling a
Senator. Volume II, section 1243.
ANONYMOUS COMMUNICATIONS.
The House disregards anonymous communications. Volume V, section 661.
ANSORGE.
The New York election case of Ansorge v. Weller in the Sixty-eighth
Congress. Volume VI, section 163.
ANTHEM, NATIONAL.
The Committee on the Judiciary has exclusive jurisdiction of bills
providing for the adoption of a national anthem. Volume VII, section
1775.
ANTHONY, HENRY B., of Rhode Island, Presiding Officer.
Decision on questions of orders relating to--Quorum of a committee.
Volume IV, section 4586.
APOLOGY.
Warm words and an assault having passed between two Members in
Committee of the Whole, the House required them to apologize ``for
violating its privileges and offending its dignity.'' Volume II,
section 1648.
Censure inflicted by the Speaker on a citizen and his apology to the
House appear in full in the Journal. Volume VI, section 333.
A Member having been subjected to censure, the Speaker, after
deliberation, laid before the House a letter of explanation and apology
from the Member. Volume VI, section 236.
APPEALS.
(1) General practice as to taking.
(2) Not entertained--For reasons relating to pending business.
(3) Not entertained--When dilatory.
(4) Not entertained--On questions of recognition.
(5) From decisions of the Clerk presiding during organization.
(6) When a quorum is not present.
(7) Debate on.
(8) Laying on the table.
(9) As affected by withdrawal of a related motion.
(10) Chair's vote in case of tie.
(11) Relation of motion to reconsider to.
(12) In Committee of the Whole.
(13) During the electoral count.
(14) During impeachment trials.
(1) General Practice as to Taking.
The Speaker decides all questions of order, subject to appeal. Volume
II, section 1313.
The decision of a question of order by the Chair is subject to appeal
by any Member. Volume V, section 6938.
The right of appeal insures the House against the arbitrary control of
the Speaker, and can not be taken away from the House. Volume V,
section 6002.
While an appeal or a motion to adjourn is always in order, a Member
must first secure recognition in order to present either. Volume VI,
section 293.
In the Senate it was held that an appeal from a decision of the Chair
should be presented at the time the decision is announced and before
the intervention of further business. Volume VIII, section 3280.
An appeal is not in order when another appeal is pending. Volume V,
sections 6939-6941.
While one appeal is pending another may not be taken. Volume V, section
5709.
Under certain circumstances Speakers have admitted one appeal while
another was pending. Volume V, sections 6942, 6943.
APPEALS--Continued.
(1) General Practice as to Taking--Continued.
An appeal may not be entertained on a question of order on which an
appeal has just been taken and decided. Volume IV, section 3036.
A question of order just decided on appeal may not be renewed on the
suggestion of additional reasons. Volume V, section 6877.
An appeal pending at an adjournment on Friday, but related to public
and not private business, does not go over to the next Friday, but
comes up on the next legislative day. Volume V, section 6945.
The motion to postpone a day certain was held to be applicable to an
appeal from the decision of the Chair. Volume VIII, section 2613.
Neither a motion nor an appeal may intervene between the motion to
adjourn and the taking of the vote thereon. Volume V, section 5361.
The House having voted to resolve itself into Committee of the Whole,
the Chair declined to entertain a motion to adjourn, but did entertain
an appeal from his decision. Volume IV, section 4728.
A special order prohibiting ``debate or intervening motion'' it was
held that an appeal should be entertained. Volume V, section 6954.
It was the early (but it is not the present) practice that a decision
on a point of order should not be recorded in the Journal unless an
appeal had been taken. Volume IV, section 2847.
It is the usual practice that motions, points of order, and appeals not
entertained by the Speaker shall not appear in the Journal. Volume IV,
sections 2844-2846.
A Member may not submit a question of order to the House except by
appeal. Volume IV, section 4930.
A decision of the Speaker involving two distinct questions he permitted
the question on appeal to be divided. Volume V, section 6157.
Illustration of the old form of putting the question on appeal. Volume
V, section 5523.
(2) Not Entertained.--For Reasons Relating to Pending Business.
An appeal may not be taken from a response of the Speaker to a
parliamentary inquiry. Volume V, section 6955. Volume VIII, section
3457.
The House has overruled a decision of a Speaker admitting an appeal.
Volume V, section 6953.
The Speaker has declined during a call of the yeas and nays to
entertain an appeal from his decision that the roll call might not be
interrupted. Volume V, section 6051.
An appeal from the decision of the Chair is in order during a call of
the House. Volume VI, section 681.
There is no appeal from the count by the Chair of the number rising to
demand tellers. Volume VIII, section 3105.
The Speaker declined to entertain an appeal from his decision refusing
recapitulation of a vote. Volume VIII, section 3128.
In a rare instance in the earlier history of the House a Speaker
declined to entertain an appeal which was evidently trivial. Volume V,
section 5723.
The Speaker having decided that words spoken in debate on a pending
appeal were out of order, declined to entertain an appeal from the
latter decision. Volume V, section 6944.
While the Speakers have entertained appeals from their decisions as to
irrelevancy in debate, they have held that such appeals were not
debatable. Volume V, sections 5056-5063.
(3) Not Entertained.--When Dilatory.
When motions or appeals have been made with an evident purpose of
obstruction, the Speaker, acting under the rule, has held them
dilatory, either on a point of order being made or without it. Volume
V, sections 5715-5722.
APPEALS--Continued.
(3) Not Entertained.--When Dilatory--Continued.
Pending consideration of a report from the Committee on Rules appeals
and the motion to reconsider have been ruled out as dilatory within the
meaning of the rule. Volume V, section 5739.
The Speaker has declined to entertain debate or appeal on a question as
to dilatoriness of a motion. Volume V, section 5731.
Special orders are often used to further the consideration of business
by preventing dilatory motions, and in such cases the Chair has
exercised discretion as to entertaining motions to adjourn, for a
recess, and appeals. Volume IV, sections 3210-3213.
(4) Not Entertained.--On Questions of Recognition.
There is no appeal from a decision by the Speaker on a question of
recognition. Volume II, sections 1425-1428.
The Chair having used his discretion in recognizing a Member for debate
on a point of order, declined to entertain an appeal from this
recognition. Volume V, section 6946.
Under the earlier practice of the House there was an appeal from a
decision of the Speaker on a question of recognition. Volume II,
sections 1429-1434.
There is no appeal from a decision by the Speaker on a question of
recognition. Volume VI, section 292. Volume VIII, sections 2429, 2646,
2762.
(5) From Decisions of the Clerk Presiding During Organization.
Pending the election of a Speaker or a Speaker pro tempore the Clerk
preserves order and decorum and decides questions of order subject to
appeal. Volume I, section 64.
Instance wherein during the organization the Clerk of the preceding
House declined to entertain an appeal from his decision. Volume I,
sections 22-24.
In 1869 the hold-over clerk, basing his authority on the law of 1863,
declined to entertain a question of order or an appeal pending the
motion to proceed to election of Speaker. Volume I, section 79.
(6) When a Quorum is Not Present.
An appeal from a decision of the Chair may be entertained during
proceedings to secure the attendance of a quorum. Volume IV, section
3037.
An appeal from a decision of the Chair is in order during a call of the
House. Volume IV, section 3010.
During proceedings to secure a quorum the Chair ruled out of order a
motion to reconsider the vote whereby an appeal had been laid on the
table. Volume IV, section 3037.
During proceedings under a call of the House it was held that a motion
might not be made to reconsider the vote whereby an appeal was laid on
the table. Volume V, section 5631.
(7) Debate on.
An appeal from the decision of the Chair is debatable both in the House
and in the Committee of the Whole, but debate may be closed in the
House by a motion to lay on the table and in the Committee of the Whole
by a motion to close debate or to rise and report. Volume VIII, section
3453.
A Member may not speak more than once on an appeal, except by
permission of the House. Volume II, section 1313. Volume V, section
6938.
On an appeal from a decision of the Chair it is not in order to debate
the merits of the measure under consideration when the question of
order was raised. Volume V, section 5055.
It was formerly held that appeals on questions relating to priority of
business were not debatable. Volume V, section 6952.
After the motion is made for the previous question all incidental
questions of order, whether on appeal or otherwise, are decided without
debate. Volume V, sections 5448, 5449.
While the names of absentees are being called for excuses on a call of
the House neither a motion to excuse nor an incidental appeal is
debatable. Volume IV, section 2999.
APPEALS--Continued.
(8) Laying on the Table.
The motion to lay on the table an appeal from a decision of a question
of order does not, when decided in the affirmative, carry to the table
the original matter as to which the question of order has arisen.
Volume V, section 5434.
After careful consideration it was held in order to reconsider the vote
laying an appeal on the table. Volume V, section 5630.
The motion to lay on the table an appeal from a decision of the Chair
may be made under general parliamentary law before the adoption of
rules. Volume V, section 5440.
(9) As Affected by Withdrawal of a Related Motion.
A motion being withdrawn, all proceedings on an appeal arising from a
point of order related to it fell thereby. Volume V, section 5356.
A motion having been withdrawn pending an appeal from a decision that
it was in order, it was held that the appeal did not thereby fall.
Volume V, section 6854.
Instance of the withdrawal of a motion after the previous question had
been ordered on an appeal from a decision on a point of order as to the
motion. Volume V, section 5356.
A Member who has, by unanimous consent, presented a bill may withdraw
it while the House is dividing on an appeal from a decision relating to
a proposed amendment. Volume IV, section 3387.
The ordering of the yeas and nays on a motion to lay an appeal on the
table was held to be such a ``decision'' by the House as would prevent
the withdrawal of the appeal. Volume V, section 5354.
(10) Chair's Vote in Case of Tie.
When the vote on an appeal has resulted in a tie the Chair has
sometimes given a casting vote in favor of his own decision. Volume V,
section 6956.
Instance wherein, on a tie vote on an appeal, the Speaker voted in the
affirmative. Volume V, section 5686.
Instance wherein the Chair gave a casting vote in case of a tie on an
appeal from his decision. Volume V, section 5239.
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.
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.
(11) Relation of Motion to Reconsider to.
When the House has passed a bill and disposed of a motion to reconsider
the vote on its passage it is too late to move to reconsider the vote
sustaining the decision of the Chair which brought the bill before the
House. Volume V, section 5652.
(12) In Committee of the Whole.
In Committee of the Whole, as well as in the House, a Member may speak
but once on an appeal. Volume V, section 6951.
Debate on an appeal in Committee of the Whole has been limited by the
committee itself on motion put and carried, or by the committee rising
to enable the House to limit it. Volume V, sections 6947-6950.
Debate on appeal in the Committee of the Whole is under the five-minute
rule, and is within the discretion of the Chair. Volume VIII, sections
2347, 3454.
Debate on an appeal in the Committee of the Whole is under the five-
minute rule and may be closed by the committee. Volume VII, section
1608. Volume VIII, sections 2375, 2556, 3453, 3455.
In recognizing for debate on an appeal in the Committee of the Whole
the Chairman alternates between those favoring and those opposing.
Volume VIII, section 3455.
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.
APPEALS--Continued.
(12) In Committee of the Whole--Continued.
After the Chair had announced the result of a vote by tellers he
proposed, because of confusion during the voting, to order the vote
taken again, but the Committee of the Whole on appeal decided against
the proposed action. Volume V, section 5995.
In an exceptional case, when an appeal was taken from a decision of a
chairman in Committee of the Whole, the committee rose and reported the
question of order for the decision of the House. Volume IV, section
4783.
The Committee of the Whole declined to heed an appeal that it overrule
its chairman in order to place legislation urged as desirable on an
appropriation bill. Volume IV, section 3820.
(13) During the Electoral Count.
During the electoral count of 1869 the President pro tempore used his
discretion about entertaining points of order, but declined absolutely
to entertain appeals. Volume III, section 1949.
The Vice-President held in 1873 that an appeal might not be taken in
the joint meeting for counting the electoral vote. Volume III, section
1952.
In the joint meeting for the electoral count of 1877 the President pro
tempore declined to entertain either a resolution or an appeal. Volume
III, section 1956.
(14) During Impeachment Trials.
Instance of an appeal from the decision of the Chief Justice on a
question of order arising during the Johnson trial. Volume III,
sections 2100-2102.
In the Johnson trial Chief Justice Chase held that the managers might
not appeal from a decision of the Presiding Officer as to evidence.
Volume III, section 2084.
Instance of an appeal from a ruling of the President pro tempore in the
Senate sitting for an impeachment trial. Volume III, section 2179.
An instance wherein a President pro tempore presiding at an impeachment
trial declined to entertain an appeal from his decision on a point of
order. Volume III, section 2088.
When the judgment of the Senate is asked after the Presiding Officer
has ruled on a question of evidence the form of question is, ``Is the
evidence admissible?'' Volume III, section 2194.
The right to ask a decision of the Senate after the Presiding Officer
has ruled preliminarily on evidence belongs to a Senator, but not to
counsel. Volume III, section 2195.
Instance of an appeal from the decision of the Presiding Officer on a
question of evidence during the Swayne trial. Volume III, section 2270.
APPEARANCE OF RESPONDENT IN IMPEACHMENTS.
(1) Time of.
(2) Ceremonies of.
(3) Writ of summons and return.
(4) Calling of respondent.
(5) In person or by attorney.
(6) Custody and bail.
(7) Requests for time to answer.
(8) Failure to appear.
(9) Trial without appearance.
(10) Attendance at trial.
(1) Time of.
The Senate in its writ of summons in the Blount impeachment fixed
respondent's appearance at the next session of Congress. Volume III,
section 2304.
In the Blount impeachment the House in conference asked of the Senate
an earlier return day of the summons, but the request was denied.
Volume III, section 2304.
The Senate decided in the Pickering case that it would take order for
respondent's appearance only after articles had been exhibited. Volume
III, section 2324.
APPEARANCE OF RESPONDENT IN IMPEACHMENTS--Continued.
(1) Time of--Continued.
The managers urged, in view of Rule VIII, that President Johnson should
answer on the return day, but were overruled. Volume III, section 2425.
The special committee authorized to conduct the investigation held
hearings at which Judge Louderback appeared in person and by counsel.
Volume VI, section 514.
During the investigation of Judge Wright with a view to impeachment he
was permitted to appear before the committee with counsel. Volume VI,
section 528.
In the investigation of Judge Dayton the respondent appeared before the
subcommittee charged with the investigation and made an extended
statement concerning the matters involved. Volume VI, section 529.
In the investigation into the conduct of Judge Wilfley, he appeared
before the committee and testified under oath. Volume VI, section 525.
(2) Ceremonies of.
Rule framed to govern ceremonies for appearance and answer of
respondent in the Pickering impeachment. Volume III, section 2331.
On his appearance to answer articles of impeachment Mr. Justice Chase
was furnished with a chair. Volume III, section 2349.
Ceremonies at the appearance of Judge Peck in response to the writ of
summons. Volume III, section 2371.
Neither the managers nor the House attended on the appearance of Mr.
Justice Chase in answer to the summons. Volume III, section 2349.
On the day set for the appearance of Judge Humphreys the House, in
Committee of the Whole House, attended its managers. Volume III,
section 2392.
Under the parliamentary law of impeachments the respondent, if a Lord,
answers the summons in his place; if a Commoner, at the bar. Volume
III, section 2120.
(3) Writ of Summons and Return.
The writ of summons to one accused in articles of impeachment recites
the articles and notifies him to appear at a fixed time and place and
file his answer. Volume III, section 2127.
Form of the writ of summons issued for the appearance of William Blount
to answer articles of impeachment. Volume III, section 2304.
In Blount's impeachment the return of service of the summons was filed
in the Senate before the day set for the appearance. Volume III,
section 2305.
The House did not attend the return of summons to William Blount to
appear and answer articles of impeachment. Volume III, section 2307.
Form of summons prescribed to command appearance of respondent in the
Pickering impeachment. Volume III, section 2329.
Form of resolution directing the issue of a writ of summons to Judge
Humphreys and fixing the return day. Volume III, section 2391.
Form of proclamation for appearance of Judge Humphreys and the proof
thereof on the day set for appearance. Volume III, section 2394.
Ceremonies at the return of the summons to President Johnson to appear
and answer the articles of impeachment. Volume III, section 2424.
On demand of the managers, the Senate ordered summons to be issued for
the appearance of Judge Archbald, fixing the day and hour of return.
Volume VI, section 503.
Provision for rectification of an error in the process to secure
attendance of respondent impeached by the Commons. Volume III, section
2116.
The writ of summons issued for the appearance of Judge Archbald to
answer articles of impeachment does not appear in the Journal. Volume
VI, section 479.
(4) Calling of Respondent.
In an impeachment case, the writ of summons being returned, the accused
is called to appear and answer the articles. Volume III, section 2129.
APPEARANCE OF RESPONDENT IN IMPEACHMENTS--Continued.
(4) Calling of Respondent--Continued.
The person impeached being called to appear and answer, a record is
made as to appearance or nonappearance. Volume III, section 2129.
Rules adopted by the Senate for reading the return, calling the
respondent, and entering appearance or default in the first
impeachment. Volume III, section 2307.
Forms used by the Sergeant-at-Arms in calling William Blount to appear
and answer articles of impeachment. Volume III, section 2307.
Ceremonies at the calling of Judge Pickering to answer the articles of
impeachment. Volume III, section 2332.
Form used by the Sergeant-at-Arms in calling Judge Peck to appear and
answer the articles. Volume III, section 2371.
Forms of oath, proclamation, and ceremonies at the calling of Judge
Humphreys to appear and answer articles of impeachment. Volume III,
section 2392.
Form used by the Sergeant-at-Arms in calling President Johnson to
appear and answer the articles of impeachment. Volume III, section
2424.
Form of proclamation by the Sergeant-at-Arms calling Judge Louderback
to appear and answer the articles of impeachment. Volume VI, section
518.
After trial of impeachment had proceeded for several days, the
formality of announcement by the Doorkeeper of appearance in the
Chamber of the managers and the respondent was by consent dispensed
with. Volume VI, section 477.
(5) In Person or by Attorney.
The person accused in articles of impeachment may appear in person or
by attorney. Volume III, section 2127.
The person impeached may appear to answer the articles in person or by
attorney, and a record is made as to the mode of appearance. Volume
III, section 2129.
A Senate committee concluded in the Pickering impeachment that
respondent might answer in person, by attorney, or not at all. Volume
III, section 2324.
When the person accused in articles of impeachment appears by agent or
attorney a record is made naming the person appearing and the capacity
in which he appears. Volume III, section 2129.
Mr. Justice Chase appeared to answer the articles of impeachment ``in
his own proper person.'' Volume III, section 2349.
Judge Peck appeared in person, attended by counsel, in answer to the
writ of summons. Volume III, section 2371.
Secretary Belknap appeared in person and with counsel to answer the
articles of impeachment. Volume III, section 2452.
In the Blount impeachment a letter from respondent's attorneys
announcing their readiness to attend was filed in the Senate before the
day set for appearance. Volume III, section 2305.
President Johnson entered his appearance by a letter addressed to the
Chief Justice, and naming the counsel to appear for him. Volume III,
section 2424.
In response to the writ of summons Judge Swayne entered appearance by
his counsel. Volume III, section 2479.
Judge Louderback appeared in person, attended by counsel, to answer the
articles. Volume VI, section 518.
In response to the writ of summons, Judge Archbald appeared in person
attended by counsel to answer the articles of impeachment. Volume VI,
section 501.
(6) Custody and Bail.
Under the parliamentary law the respondent answers the summons in
custody if the case be capital and the accusation be special, but not
if it be general. Volume III, section 2120.
APPEARANCE OF RESPONDENT IN IMPEACHMENTS--Continued.
(6) Custody and Bail--Continued.
The accusation being of misdemeanor only, the respondent, under the
English usage, does not answer the summons in custody, but the Lords
may commit him until he finds sureties for this future appearance.
Volume III, section 2120.
In impeaching, the spokesman of the Commons asks that the delinquent be
sequestered from his seat or committed, or that the Peers take order
for his appearance. Volume III, section 2026.
Articles of impeachment being presented against a Senator, he was
sequestered from his seat and was ordered to and did recognize for his
appearance. Volume III, section 2118.
Upon the impeachment of William Blount the Senate took him into custody
and required bonds for his appearance, and informed the House thereof.
Volume III, section 2296.
After his expulsion from the Senate William Blount was surrendered by
his bondsmen and gave bonds anew to answer to the impeachment. Volume
III, section 2298.
The Blount precedent for requiring bonds of the respondent was
discussed adversely in the Peck case. Volume III, section 2367.
(7) Requests for Time to Answer.
Having appeared, Judge Peck asked time to prepare his answer,
accompanying the request with an affidavit. Volume III, section 2371.
Mr. Justice Chase, in appearing, was permitted by the Vice-President,
without objection of the Senate, to read a paper giving reasons for
delaying his answer. Volume III, section 2349.
Mr. Justice Chase, in asking time to prepare his answers to the
articles, was called to order by the Vice-President for expressions
used. Volume III, section 2349.
In the Swayne impeachment, in response to the motion of respondent's
counsel, the Senate granted time after the appearance to represent the
answer. Volume III, section 2479.
In the Pickering impeachment counsel for respondent's son presented a
petition of the latter setting forth that his father was insane and
asking for time to show this. Volume III, section 2333.
(8) Failure to Appear.
William Blount having failed to appear and answer, the House, after
discussing English precedents, declining to ask that he be compelled to
appear. Volume III, section 308.
William Blount appeared neither in person nor by attorney to answer the
articles of impeachment. Volume III, section 2307.
The House declined to instruct its managers as to further proceedings
after William Blount had failed to appear and answer. Volume III,
section 2308.
No appearance was made on behalf of Judge Pickering and no answer was
made to the articles of impeachment. Volume III, section 2333.
The Senate declined to order compulsory process to compel the
appearance of Judge Pickering, but authorized a committee to examine
the subject. Volume III, section 2322.
In the Pickering case, against the objection of the managers, the court
determined to hear the counsel of respondent's son and evidence to show
the insanity of the accused. Volume III, section 2333.
On a question of permitting counsel for respondent's son to appear in
the Pickering trial the said counsel was not permitted to argue. Volume
III, section 2333.
Judge Humphreys did not appear in person or by attorney to answer the
articles of impeachment. Volume III, section 2393.
Judge Humphreys having failed to appear to answer the articles of
impeachment, the court directed publication of a proclamation for him
to appear. Volume III, section 2393.
Under the parliamentary law, if the party impeached at the bar of the
Lords do not appear, proclamations are issued giving him a day to
appear. Volume III, section 2116.
APPEARANCE OF RESPONDENT IN IMPEACHMENTS-- Continued.
(8) Failure to Appear--Continued.
The party impeached at the bar of the Lords not appearing, his goods
may be arrested, and they may proceed. Volume III, section 2116.
(9) Trial Without Appearance.
The person accused in articles of impeachment failing to appear or to
answer, the trial proceeds as on a plea of not guilty. Volume III,
section 2127.
In the Pickering case the Senate committee concluded that after service
of notice of the articles the Senate might proceed to trial whether
respondent entered appearance or not. Volume III, section 2324.
The rules for the Pickering trial provided that a record should be made
if respondent appeared in person or by counsel, or if he failed to
appear. Volume III, section 2331.
The House being informed that William Blount had failed to appear and
answer the articles instructed the managers to ask of the Senate time
to prepare proceedings. Volume III, section 2308.
After William Blount had failed to appear and answer counsel were
admitted on his behalf. Volume III, section 2308.
Judge Humphreys having failed to appear in answer both to the summons
and proclamation, the Presiding Officer announced that the managers
might proceed in support of the articles. Volume III, section 2394.
(10) Attendance at Trial.
Mr. Justice Chase, after attending during much of his trial, asked
leave to retire, and was informed that the rules did not require his
attendance. Volume III, section 2354.
In the Louderback impeachment trial the respondent appeared and
testified at length in his own behalf. Volume VI, section 524.
APPENDIX OF RECORD.
Matter inserted in the Record under leave to print, if in continuation
of remarks actually delivered on the floor, appears in connection with
the speech in the body of the Record, but where the Member has not
actually occupied the floor such extensions of remarks are printed in
the Appendix. Volume VIII, section 3485.
APPOINTMENTS.
Instances wherein the House declined to take from the Speaker the
appointment of select committees. Volume IV, sections 4475, 4476.
Each of the elected officers of the House appoints the employees of his
departments provided by law. Volume I, section 187.
The power of appointment to office belongs to the President, and
Congress by law may not declare one an officer who is not such in fact.
Volume II, section 1595.
Where the President has appointed a diplomatic representative and the
appointment has been approved by the Senate, a point of order does not
lie against an appropriation for the salary of such representative
unless the rate of pay has been otherwise fixed by law. Volume VII,
section 1248.
The power of the President to appoint diplomatic representatives to
foreign governments and to determine their rank is derived from the
Constitution and may not be circumscribed by statutory enactments.
Volume VII, section 1248.
Reference to questions arising in the Senate as to recess appointments
in a case wherein one session followed its predecessor immediately.
Volume V, section 6693.
Discussion of the term ``recess of the Senate'' as related to the
President's power of appointment. Volume V, section 6687.
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.
Discussion as to the term of service of a Senator appointed by a State
executive to fill a vacancy. Volume VI, section 156.
APPOINTMENTS--Continued.
Ruling by the Vice President on tenure of office of Senators holding
temporary appointment in the Senate. Volume VI, section 145.
Reference to cases in the Senate relating to the authority of State
executives to make appointments to fill vacancies in the United States
Senate (footnote). Volume I, section 790.
The sufficiency of authorization conferred by a State statute on the
State executive to appoint a United States Senator under the provisions
of the seventeenth amendment to the Constitution. Volume VI, section
173.
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 the date. Volume II, section 1228.
The question as to whether a Member may be appointed to the Board of
Managers of the Soldier's Home and become local manager of one of the
Homes, is a matter for the decision of Congress itself. Volume VI,
section 63.
A member of either House is eligible to appointment to any office not
forbidden him by law, the duties of which are not incompatible with
those of a Member. Volume VI, section 63.
Clerks and other employees of committees are appointed by the chairman,
with the approval of the committee, and are paid at the public expense.
Volume VIII, section 2206.
APPORTIONMENT.
(1) Provisions of Constitution and leave.
(2) Respective functions of Congress and the States.
(3) Representatives in excess of.--Prima facie title.
(4) Representatives in excess of.--Final right.
(5) Relations of prima facie title to questions as to.
(6) Questions as to, in relation to final right.
(7) In general.
(1) Provisions of Constitution and Laws.
The Constitution provides that Representatives shall be apportioned
among the several States according to their respective numbers,
excluding Indians not taxed. Volume I, section 301.
The constitutional provision authorizing an apportionment act based
upon each succeeding census in not mandatory, but such enactments are
discretionary with Congress. Volume VI, section 54.
Since the enfranchisement of women constitutional provisions relating
to apportionment are to be read in connection with the nineteenth
amendment. Volume VI, section 54.
The distribution of representatives under the several apportionments
(footnote). Volume I, sections 301.
The distribution of representation under the several apportionments.
Volume VI, section 39.
The number of Representatives may not exceed one for every 30,000
inhabitants, but each State shall have at least one Representative.
Volume I, section 301.
The enumeration to fix the basis of representation is to be made once
in every ten years (footnote). Volume I, section 301.
Discussion of the constitutional questions relating to apportionment.
Volume I, section 316.
The apportionment of Representatives to the several States under the
act of 1901. Volume I, section 302.
From March 3, 1903, the membership of the House is fixed at 386. Volume
I, section 302.
From March 3, 1913, the membership of the House was fixed at 435.
Volume VI, section 40.
APPORTIONMENT--Continued.
(1) Provisions of Constitution and Laws--Continued.
The law of 1911 provides that Representatives shall be elected in
districts composed of contiguous and compact territory and containing
as nearly as practicable an equal number of inhabitants. Volume VI,
section 44.
The law of 1911 provides for the election of Representatives in old
districts and at large until the respective States shall have
rearranged the districts. Volume VI, section 46.
The law of 1911 provides that candidates for Representatives to be
elected at large shall be nominated in the same manner as candidates
for governor, unless otherwise provided.--The apportionment act of
August 8, 1911. Volume VI, section 47.
The act of a State legislature redistricting the State in accordance
with the law of 1911 requires the approval of the governor of such
State or passage over his veto. Volume VI, section 45.
Under the law of 1929 the President transmits to each fifth Congress a
statement of population and apportionment of existing number of
Representatives among the several States thereunder. Volume VI, section
41.
If Congress fails to apportion, each State shall be entitled to the
number of Representatives shown in the President's statement under the
method last used. Volume VI, section 43.
On failure of the Congress to apportion, the Clerk certifies to each
State executive the number of Representatives to which the State is
entitled under the law. Volume VI, section 43.
The apportionment of Representatives to the several States under the
law of 1929. Volume VI, section 41.
The representative of a newly admitted State is in addition to the
total number of Representatives fixed by the act of 1901. Volume I,
section 302.
The districts in a State shall be equal to the number of its
Representatives, no one district electing more than one Representative.
Volume I, section 303.
The apportionment act provides that Representatives shall be elected in
districts composed of contiguous and compact territory, and containing
as nearly as practicable an equal number of inhabitants. Volume I,
section 303.
The apportionment of 1901 provided for the election of Representatives
in old districts and at large until the respective States should have
rearranged the districts. Volume I, section 304.
The reduction of its representation is the penalty for a denial of the
right to vote by a State. Volume I, section 301.
No penalty is fixed for a denial of the right of suffrage because of
rebellion or other crimes. Volume I, section 301.
Discussion of the census and apportionment law of 1850 which applied to
succeeding censuses and apportionments. Volume I, section 314.
The first apportionment was fixed by Constitution (footnote). Volume I,
section 301.
(2) Respective Functions of Congress and the States.
Discussion of the respective powers of Congress and the States in
establishing Congressional districts. Volume I, section 310.
Is the establishing of districts an exercise of the power of regulating
the times, places, and manner of elections? Volume I, section 310.
The House in 1842 declared entitled to seats Members elected at large
in several States, although the law of Congress required election by
districts. Volume I, section 310.
Indorsement of the principle that a State may elect Representatives on
a general ticket, even though the law of Congress requires their
election by districts. Volume I, section 519.
After the division of Virginia the House recognized a division of the
old representation between the two States without specific provisions
of law. Volume I, section 318.
The State legislature having included a county while a Congressional
district, the House did not examine whether or not it was technically
entitled to be so included. Volume II, section 911.
APPORTIONMENT--Continued.
(2) Respective Functions of Congress and the States--Continued.
The districts in a State shall be equal to the number of its
Representatives, no one district electing more than one Representative.
Volume VI, section 44.
The law of 1911 provides that Representatives shall be elected in
districts composed of contiguous and compact territory and containing
as nearly as practicable an equal number of inhabitants. Volume VI,
section 44.
A reapportionment by a State legislature which rendered congressional
districts of the State less compact and contiguous as to territory and
more disproportionate as to population was not disturbed. Volume VI,
section 53.
Where the number of Representatives to which a State is entitled
pursuant to the act of 1929 is the same as the number under the last
previous apportionment and the districts are unchanged, elections of
Representatives may be conducted in the same manner as before the
reapportionment. Volume VI, section 45.
Where the number of Representatives has been decreased by the new
apportionment, all the Representatives must be elected by the State at
large unless and until the new districts are created. Volume VI,
section 45.
Instance wherein a State legislature twice redistricted the State
between enumerations. Volume VI, section 53.
Interpretation of the statutes providing for apportionment. Volume VI,
section 45.
(3) Representatives in Excess of.--Prima Facie Title.
A State sending three Representatives when it was entitled to but two,
the House gave prima facie effect to only two credentials. Volume I,
section 314.
The House did not give prima facie effect to credentials regular in
form, but borne by a person in addition to the number of
Representatives allowed the State. Volume I, section 315.
The House declined to give prima facie effect to credentials regular in
form relating to a seat in addition to those to which the State was
entitled. Volume I, section 318.
The House did not give prima facie effect to regular credentials borne
by a person claiming a seat in addition to those assigned to a State by
law. Volume I, section 317.
In 1879 the Clerk declined to honor a regular credential for a
Representative at large to which the State was not entitled by law.
Volume I, section 51.
The Clerk declined to enroll a person bearing regular credentials, but
claiming to be a Representative in addition to the number apportioned
to his State. Volume VI, section 54.
The Clerk declined to enroll a person bearing regular credentials, but
claiming to be a Representative in addition to the number apportioned
to his State. Volume I, section 317.
(4) Representatives in Excess of.--Final Right.
California having in good faith elected one Member in excess of her
apportionment, Congress by law provided for his admission. Volume I,
section 34.
A State having elected on a general ticket three Representatives when
it was entitled to but two, the House denied a seat to the one
receiving the fewest votes. Volume I, section 314.
The House denied the claim of a State to representation greater than
the apportionment had given to her when the reasons for such claim
applied to many other States. Volume I, sections 316, 317.
The House denied the claim of a State to representation greater than
the apportionment had given her when the reasons for such claims
applied to many other States. Volume VI, section 54.
Review of the acts of Congress giving increased Representatives in
special cases. Volume I, section 316.
Reference to the claim of Nebraska for additional representation.
Volume I, section 319.
APPORTIONMENT--Continued.
(5) Relations of Prima Facie Title to Questions as to.
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, sections 535, 536.
Credentials being unimpeached, the status of the district under an
apportionment law is a question of final rather than prima facie right.
Volume I, sections 535, 536.
(6) Questions as to, in Relation to Final Right.
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.
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.
(7) In General.
A bill making an apportionment of Representatives presents a question
of constitutional privilege. Volume I, sections 307, 308. Volume VI,
section 51.
Bills relating to the census or apportionment, though privileged, held
subject to the rules of the House providing for the consideration of
privileged questions. Volume VI, section 48.
A bill relating to the taking of the census was formerly held to be
privileged because of the constitutional requirement. Volume VI,
section 49.
Bills providing for the reapportionment of Representatives in Congress
have been referred to the Union Calendar. Volume VIII, section 2396.
The abridgement of the elective franchise with reference to
apportionment as well as the collection of general statistics have been
considered by the Committee on Census. Volume IV, section 4352.
The rule confers on the Committee on the Census jurisdiction of ``all
proposed legislation concerning the census and the apportionment of
Representatives.'' Volume IV, section 4351.
References to discussions of questions relating to apportionment
(footnote). Volume I, section 301.
The Virginia election case of Parsons v. Saunders, in the Sixty-first
Congress. Volume VI, section 53.
The Texas election case of E. W. Cole in the Sixty-eighth Congress.
Volume VI, section 54.
Form of the first certificate of notification under the law of 1929.
Volume VI, section 43.
Statement of population and apportionment thereunder submitted to the
Seventy-first Congress, and form of message transmitting it. Volume VI,
section 42.
APPROPRIATIONS.
(1) Authorization of--Rule as to.
(2) Authorization of--Burden of proof.
(3) Authorization of--Prior appropriation not sufficient of itself.
(4) Authorization of--Constitution as.
(5) Authorization of--Treaty as law for.
(6) Authorization of--For salaries and offices.
(7) Authorization of--For employees in executive departments.
(8) Authorization of--For employees of the House.
(9) Authorization of--Contingent expenses.
APPROPRIATIONS--Continued.
(10) Authorization of--For buildings, purchase of land, etc.
(11) Authorization of--Various independent agencies and commissions.
(12) Authorization of--Diplomatic service.
(13) Authorization of--Indians.
(14) Authorization of--Automobiles, other vehicles and travel,
generally.
(15) Authorization of--Forests, roads, parks, and schools.
(16) Authorization of--For general works.
(17) Authorization of--For payment of claims.
(18) Authorization of--Reappropriations.
(19) Authorization of--Limits of costs, etc.
(20) Authorization of--For investigations in the Department of
Agriculture.
(21) Authorization of--Scientific research, generally.
(22) Authorization of--By implication.
(23) Authorization of--Not in order by implication.
(24) Authorization of--General decisions as to allowable expenditures.
(25) Authorization of--General decisions as to expenditures not in
order.
(26) Authorization of--In the agricultural bill.
(27) Authorization of--In the deficiency bills.
(28) Authorization of--In the District of Columbia bill.
(29) Authorization of--In the Independent Offices bill.
(30) Authorization of--In the Interior Department bill.
(31) Authorization of--In the legislative branch bill.
(32) Authorization of--In the Navy Department bill.
(33) Authorization of--In the State, Justice, Commerce, and Labor bill.
(34) Authorization of--In the Treasury and Post Office bill.
(35) Authorization of--In the War Department bill.
(36) Available immediately and available until expended.
(37) Claims.--Authorized by existing law.
(38) Claims.--Unauthorized.
(39) Committee of the Whole.--Require consideration in.
(40) Committee of the Whole.--High privilege of motion to go into.
(41) Committee of the Whole.--Consideration in. See also ``Committee of
the Whole.''
(42) Committee on.
(43) Committee on--Reports of and privilege of.
(44) Committees.--Jurisdiction of other than committee on
appropriations.
(45) Constitutional provisions as related to.
(46) Continuation of public works.--The rule and its interpretation.
(47) Continuation of public works.--GNew buildings or new construction
at existing institutions.
(48) Continuation of public works.--GSelection of site or making of
survey not a beginning.
(49) Continuation of public works.--GRepairs and construction of
buildings, hospitals, and lighthouses.
(50) Continuation of public works.--Purchase of additional land for an
existing work.
(51) Continuation of public works.--Vessels for Navy, etc.
(52) Continuation of public works.--Docks.
(53) Continuation of public works.--Roads and bridges.
(54) Continuation of public works.--Submarine cables.
(55) Continuation of public works.--Manufacturing plants.
(56) Continuation of public works.--General examples of continuing
work.
(57) Continuation of public works.--Matters of intangible nature or of
indefinite continuance.
APPROPRIATIONS--Continued.
(58) Continuation of public works.--General decisions as to what are
not in.
(59) Continuation of public works.--As to maintenance, operation, etc.
(60) Deficiency and supplemental.
(61) Estimates for.
(62) General appropriation bills.
(63) Legislation.--Rule and general principles.
(64) Legislation.--Repealing, reenacting, amending or construing
existing law.
(65) Legislation.--May be authorized by special order, etc.
(66) Legislation.--Perfecting by amendment.
(67) Legislation.--Limits of cost and contractual authority.
(68) Legislation.--Changes in organization of agencies.
(69) Legislation.--Public service in general.
(70) Legislation.--Offices and salaries.
(71) Legislation.--Interference with executive discretion, and imposing
new duties.
(72) Legislation.--General decisions as to what constitutes.
(73) Legislation.--General decisions as to language held not involving
legislation.
(74) Legislation.--Senate amendments proposing.
(75) Legislation, retrenchment (Holman Rule).--The rule and its
interpretation.
(76) Legislation, retrenchment (Holman Rule).--Must show retrenchment
on its face.
(77) Legislation, retrenchment (Holman Rule).--What constitutes
retrenchment under.
(78) Legislation, retrenchment (Holman Rule).--Not retrenching
expenditure under.
(79) Legislation, retrenchment (Holman Rule).--GReduction in number and
salary of officers.
(80) Legislation, retrenchment (Holman Rule).--GNot effecting reduction
in number and salary of officers.
(81) Legislation, retrenchment (Holman Rule).--GReduction of
compensation of persons paid out of the Treasury of the United States.
(82) Legislation, retrenchment (Holman Rule).--Reduction of amounts
covered by bill.
(83) Legislation, retrenchment (Holman Rule).--Must be germane.
(84) Legislation, retrenchment (Holman Rule).--GWhen accompanied by
additional legislation.
(85) Legislation, retrenchment (Holman Rule).--The proviso.
(86) Limitations on general appropriation bills.--Theory and principles
of.
(87) Limitations on general appropriation bills.--GMust apply solely to
pending appropriation.
(88) Limitations on general appropriation bills.--GLegislation not to
be proposed in form of.
(89) Limitations on general appropriation bills.--G``Unless'',
``Until'', ``Hereafter'', ``Except''.
(90) Limitations on general appropriation bills.--GAs to restriction of
Executive discretion.
(91) Limitations on general appropriation bills.--May not include
affirmative directions.
(92) Limitations on general appropriation bills.--GAs related to
purchases and construction generally.
(93) Limitations on general appropriation bills.--As related to
salaries generally.
(94) Limitations on general appropriation bills.--GAs related to
salaries in the military and naval service.
APPROPRIATIONS--Continued.
(95) Limitations on general appropriation bills.--GAs related to
qualifications of recipients of an appropriation.
(96) Limitations on general appropriation bills.--Miscellaneous
examples of.
(97) Limitations on general appropriation bills.--GMiscellaneous
examples of language held not in order as.
(98) Miscellaneous decisions.
(99) Points of order.
(100) Reappropriations.
(101) Trust funds.
(102) What constitutes an appropriation.
(1) Authorization of.--Rule as to.
A rule forbids in a general appropriation bill any appropriation not
previously authorized by law, unless in continuation of works or object
in progress. Volume IV, section 3578. Volume VII, section 1125.
Form and history of section 2 of Rule XXI. Volume VII, section 1125.
The point of order against unauthorized appropriations or legislation
in general appropriation bills may be made against a portion of a
paragraph, even though it be not more than two words. Volume IV,
section 3652.
An authorization of law for appropriations should be construed strictly
and any legitimate doubt as to authority for an appropriation should be
resolved in the negative. Volume VII, section 1216.
If a motion to strike out certain words in a paragraph of appropriation
in a general appropriation bill would change the object from one
authorized by existing law to one not so authorized, the motion is not
in order. Volume IV, section 3596.
When a Senate amendment proposes on a general appropriation bill an
expenditure not authorized by law or legislation it is in order in the
House to perfect it by germane amendments. Volume IV, sections 3913-
3916.
The simple increase of an appropriation over the amount carried for the
same purpose in a former bill does not constitute a change of law.
Volume IV, section 3586.
A reappropriation of an unexpended balance for an object authorized by
law may be made on a general appropriation bill. Volume IV, sections
3591, 3592.
The reappropriation of a sum required by law to be covered into the
Treasury was held not to be a change of law. Volume IV, section 3593.
The omission to appropriate during a series of years for an object
authorized by law does not repeal the law, and consequently an
appropriation when proposed is not subject to the point of order.
Volume IV, section 3595.
Those upholding an item in an appropriation should have the burden of
showing the law authorizing it. Volume IV, section 3597.
Provision for an authorized service must be made in the exact
terminology of the authorizing statute and the change of a single term
in descriptive terminology is subject to a point of order. Volume VII,
section 1464.
Authorization for a general appropriation is not to be construed as
authorizing an appropriation for a specific purpose. Volume VII,
section 1452.
Legislation unobjected to and admitted on general appropriation bills
may authorize appropriations in future bills. Volume VII, section 1269.
Appropriations for essential and appropriate equipment for transacting
official business of authorized governmental agencies are in order on
appropriation bills although unauthorized by specific statute. Volume
VII, section 1253.
A point of order being made against an entire paragraph, the whole of
it must go out, although a portion only is subject to the objection.
Volume VII, sections 1246, 1276, 1283.
The title of an act is not law and is not considered in construing its
provisions. Volume VII, section 1254.
APPROPRIATIONS--Continued.
(1) Authorization of.--Rule as to--Continued.
Under the former practice, when jurisdiction over appropriations was
distributed among several committees, an amendment proposing an
appropriation for Indians of Alaska (ordinarily carried in the sundry
civil appropriation bill) was held not germane to the Indian
appropriation bill. Volume VII, section 1203.
The reenactment from year to year of a law intended to apply during the
year of its enactment is not to be construed as authorizing
appropriations for subsequent years. Volume VII, section 1165.
A law passed by a prior Congress may not authorize legislation--like
the specifying of contracts--on a general appropriation bill as against
a rule of the existing House forbidding such legislation. Volume IV,
section 3579.
Provisions in the pending bill, though read and passed by the
committee, are not construed as ``existing law'' within the purview of
clause 2 of Rule XXI. Volume VII, section 1476.
The fact that the Government is to be reimbursed for an unauthorized
expenditure does not make it in order on an appropriation bill. Volume
VII, section 1228.
(2) Authorization of.--Burden of Proof.
Those upholding an item in an appropriation should have the burden of
showing the law authorizing it. Volume IV, section 3597. Volume VII,
section 1275.
The question of admitting an amendment should be decided from the
provisions of its text rather than from purposes which circumstances
may suggest. Volume IV, section 3998.
The admissibility of an amendment should be judged from the provisions
of its text rather than from the purpose which circumstances may
suggest. Volume V, section 5783.
If a motion to strike out certain words in a paragraph of appropriation
in a general appropriation bill would change the object from one
authorized by existing law to one not so authorized, the motion is not
in order. Volume IV, section 3596.
The charge that a committee has reported a bill containing items of
appropriation not in order under the rules does not present a question
of privilege. Volume III, section 2608.
It is incumbent upon the proponent of an amendment to cite authority of
law when that point is raised. Volume VII, sections 1179, 1199.
When the question of authorization is raised against a paragraph in an
appropriation bill it is incumbent upon the committee reporting the
bill to cite the law sanctioning the appropriation. Volume VII, section
1233.
A question of authorization being raised against an item in an
appropriation bill, it is incumbent upon the Member in charge of the
bill to submit citation of authority. Volume VII, section 1276.
While the burden of showing authorization for an appropriation rests
upon those supporting the proposed legislation, if a law apparently
supporting the appropriation is cited, the burden thereupon shifts to
the opposition to show limitation of such law by subsequent
legislation. Volume VII, section 1191.
(3) Authorization of.--Prior appropriation not sufficient of itself.
An appropriation for an object in an annual appropriation bill makes
law only for that year, and does not become ``existing law'' to justify
a continuance of the appropriation. Volume IV, sections 3588, 3589.
Volume VII, sections 1128, 1145, 1149, 1191.
The mere appropriation for a salary does not thereby create an office
so as to justify appropriations in succeeding years. Volume IV, section
3590.
An appropriation for an object unauthorized by law, however frequently
made in former years, does not warrant similar appropriations in
succeeding years. Volume VII, section 1150.
Whether appropriations for purposes unauthorized by law have been
carried in prior appropriation bills is not material in determining
whether appropriations for such purposes are in order in succeeding
years. Volume VII, section 1151.
(4) Authorization of.--Constitution as.
Constitutional provisions, however explicit, are not sufficient to
warrant appropriations not previously authorized by law. Volume VII,
section 1144.
APPROPRIATIONS--Continued.
(4) Authorization of.--Constitution as--Continued.
The provision of the Constitution directing the President to make
recommendations to Congress was held not to authorize appropriations
for agencies to secure information to be used in the discharge of that
duty. Volume VII, section 1197.
Although the purpose for which proposed is sanctioned by the
Constitution, an appropriation is not in order on general appropriation
bills unless authorized by provision of statutory law. Volume VII,
section 1197.
The power of the President to appoint diplomatic representatives to
foreign governments and to determine that rank is derived from the
Constitution and may not be circumscribed by statutory enactments.
Volume VII, section 1248.
A statute prohibiting the creation of new ambassadorships except by act
of Congress is in contravention of the President's constitutional
prerogatives and will not support a point of order against an
appropriation for the salary of all ambassadorship not created by act
of Congress but appointed by the President and confirmed by the Senate.
Volume VII, section 1248.
Where the President has appointed a diplomatic representative and the
appointment has been approved by the Senate, a point of order does not
lie against an appropriation for the salary of such representative
unless the rate of pay has been otherwise fixed by law. Volume VII,
section 1248.
(5) Authorization of.--Treaty as Law for.
Where provisions of a treaty are susceptible of conflicting
interpretations, questions of doubt are to be resolved in favor of the
more liberal construction. Volume VII, section 1139.
In determining the extent to which treaties authorize appropriations on
appropriation bills, ambiguous provisions are to be construed in favor
of authorization. Volume VII, section 1139.
A treaty having been ratified by one only of the contracting parties,
it was held not to have become law to the extent of sanctioning an
appropriation on an appropriation bill. Volume IV, section 3587.
A claim having been adjudicated under authority of a treaty, an
appropriation for its payment was admitted on the deficiency bill.
Volume IV, section 3644.
Dicta to the effect that a treaty when duly ratified by the contracting
parties thereto becomes existing law to the extent of authorizing an
appropriation on an appropriation bill. Volume VII, section 1342.
A treaty entering into mutual agreement to reduce the number of combat
ships maintained by the high contracting parties was held to authorize
appropriations for the conversion of such ships. Volume VII, section
1143.
A treaty providing for mutual reports by contracting nations to an
international bureau was held to sanction appropriations for the
bureau's maintenance although no treaty had been entered into providing
for establishment of the bureau. Volume VII, section 1142.
A convention with foreign nations organizing and establishing an
international association was held to justify an appropriation for its
support. Volume VII, section 1141.
A treaty establishing an international institute authorizes an
appropriation in a general appropriation bill for sending delegates to
the institute. Volume VII, section 1138.
Treaty stipulations providing for protection of the Panama Canal and
enactments in conformity therewith was held to authorize appropriations
for canal fortifications. Volume VII, section 1137.
The right granted by treaty and supplemental legislation to maintain
civil government in the Canal zone was held to authorize appropriations
in general appropriation bills for such maintenance. Volume VII,
section 1134.
A convention arrived at by Executive correspondence and not formally
ratified by the contracting parties was not held to constitute a treaty
to the extent of authorizing an appropriation on an appropriation bill.
Volume VII, section 1135.
APPROPRIATIONS--Continued.
(5) Authorization of.--Treaty as law for--Continued.
A treaty authorizing appropriations for Indian tribes subscribing as
contracting parties thereto does not sanction appropriations for other
Indian tribes. Volume VII, section 1136.
An appropriation for maintaining an international institute, in excess
of the amount provided by treaty as the quota which the United States
should contribute for that purpose, is not in order on an appropriation
bill. Volume VII, section 1138.
A treaty sanctioning employment of counsel to represent an
international court was held not to authorize employment of counsel to
represent this Government before such court. Volume VII, section 1140.
(6) Authorization of.--For Salaries and Offices.
Propositions to increase salaries fixed by law or appropriate for
offices not established by law are subject to a point of order. Volume
IV, sections 3664-3667.
The mere appropriation for a salary does not thereby create an office
so as to justify appropriations in succeeding years. Volume IV,
sections 3590, 3672, 3697, 3698.
Where the law fixes the amount of a salary a proposition to increase
the amount is not in order on an appropriation bill. Volume IV,
sections 3676-3679.
The law having established an office and fixed the salary it is not in
order on an appropriation bill to provide for an authorized office and
salary in lieu of it. Volume IV, section 3680.
The appropriation of a less sum than the amount fixed by law for a
salary is not a change of law, even though a legislative provision in
another portion of the bill may give it the practical effect of a
reduction of the salary. Volume IV, sections 3681-3685.
The provision of the current law of an appropriation does not fix a
salary as against a provision of general law. Volume IV, section 3686.
In the absence of a general law fixing a salary the amount appropriated
in the last appropriation bill has been held to be the legal salary,
although in violation of the general rule that the appropriation bill
makes law only for the year. Volume IV, sections 3687-3696.
The general law authorizing the employment in the Executive Departments
of such clerks as may be appropriated for is held to authorize
appropriations for clerkships not otherwise authorized. Volume IV,
section 3675.
The law authorizing the heads of departments to employ such clerks as
may be appropriated for does not apply to officers not allotted to
departments or to officers not at the seat of Government. Volume IV,
sections 3670-3674.
A general law authorizing certain employees when specifically provided
for in an appropriation bill, a provision making the appropriation for
them was held in order. Volume IV, section 3668.
Construction of the law authorizing the employment of ``watchmen,
laborers, and other employees'' in the Executive Departments. Volume
IV, sections 3669, 4739.
A law authorizing the employment of ``watchmen, laborers, and other
employees'' was held not to contemplate such officials as
superintendents and clerks in a department. Volume IV, section 3590.
The statute requiring specific authorization and appropriation for
clerks and other employees in the Executive Departments. Volume IV,
section 3700.
While a statute creating a bureau for a declared purpose may authorize
a lump-sum appropriation for carrying out that purpose, it does not
create offices or warrant appropriations for salaries of specific
offices. Volume VII, section 1315.
While completion of a biological station is such a work in progress as
to justify a lump-sum appropriation for that purpose, an appropriation
for designated personnel to operate such station is not to be construed
as provision for a work in progress and is not in order on an
appropriation bill. Volume VII, section 1314.
The statute creating the Bureau of Education was held not to justify an
appropriation for specific offices not otherwise authorized by law.
Volume VII, section 1315.
APPROPRIATIONS--Continued.
(6) Authorization of--For Salaries and Offices--Continued.
It is in order to appropriate specifically a specified salary
previously paid from a lump-sum appropriation made under authority of
law for an office created by an executive in charge of the lump-sum
appropriation. Volume VII, section 1319.
A position having been created by law without fixing the amount of
salary to be paid incumbent, any amount of salary provided therefor in
an appropriation bill is not subject to a point of order. Volume VII,
section 1324.
A provision in an annual appropriation bill that rates of compensation
therein appropriated should constitute the permanent rate of
compensation until otherwise provided by law was held to establish
salaries only and not the offices for which provided. Volume VII,
section 1326.
An appropriation to increase the authorized salary of the engineer
commissioner of the District of Columbia was held not to be in order on
an appropriation bill. Volume VII, section 1331.
An appropriation for maintenance of an assay office permanently
established by law was held to be in order on an appropriation bill.
Volume VII, section 1269.
Expenses incurred by Naval officers on shore patrol duty, although not
specifically authorized by law, are necessarily incidental to their
service, and appropriations to pay them are in order on an
appropriation bill. Volume VII, section 1235.
Mere statutory reference to an office is not sufficient authorization
to warrant an appropriation for pay of incumbent. Volume VII, section
1215.
Creation of a commission to investigate advisability of continuing a
service formerly authorized but discontinued on expiration of statutory
authorization does not authorize appropriation for continuance of the
service, and an amendment providing for such appropriation is
legislation. Volume VII, section 1459.
(7) Authorization of.--For Employees in Executive Departments.
The general law authorizing the employment in the Executive Departments
of such clerks as may be appropriated for is held to authorize
appropriations for clerkships not otherwise authorized. Volume IV,
section 3675. Volume VII, section 1321.
Statutes authorizing the employment of such departmental clerks ``as
may be appropriated for by Congress from year to year'' or ``as
Congress may from time to time provide'' were held to warrant
appropriations for clerkships not otherwise authorized. Volume VII,
section 1316.
The law authorizing the heads of Departments to employ such clerks as
may be appropriated for does not apply to officers not allotted to
Departments, or otherwise not at the seat of Government. Volume IV,
sections 3670-3674.
The law authorizing the heads of departments to employ such labor as
may be appropriated for does not apply to labor not at the seat of
government. Volume VII, section 1318.
A general law authorizing certain employees where specifically provided
for in an appropriation bill, a provision making the appropriation for
them was held in order. Volume IV, section 3668.
Construction of the law authorizing the employment of ``watchmen,
laborers, and other employees,'' in the Executive Departments. Volume
IV, sections 3669, 4739.
Construction of the law authorizing the employment of mechanics and
laborers and other employees in the executive departments. Volume VII,
section 1317.
Construction of the law authorizing the employment of ``watchmen,
messengers, and laborers'' in the executive departments. Volume VII,
section 1027.
The organic acts creating the Departments of Commerce and Labor, and
subsequently the Department of Labor, were held to authorize lump-sum
appropriations for special employees. Volume VII, section 1325.
Statutory provision for such employees ``as may be authorized by law''
is construed to authorize appropriations to pay classes of employees so
authorized. Volume VII, section 1325.
APPROPRIATIONS--Continued.
(7) Authorization of.--For Employees in Executive Departments--
Continued.
While the organic law establishing a department permits additions to
the regular force of employees by classes, the addition of specified
employees is not authorized. Volume VII, section 1163.
The organic law establishing the Department of Agriculture authorizes
appropriation for necessary employees, and increases may be made in
clerks by classes, or of clerks unclassified or by the transfer of
clerks from those paid from lump sum appropriations to the statutory
roll. Volume VII, section 1164.
A law establishing a definite policy was held to authorize
appropriations for agents to carry out such policy and
instrumentalities promoting the efficiency of those agents. Volume VII,
section 1184.
An appropriation for commercial attaches to be appointed by the
Secretary of Commerce was held by the House to be authorized by the
organic law creating the Department of Commerce. Volume VII, section
1257.
An appropriation for compensation of temporary employees to be fixed by
the Executive was held to be authorized by law. Volume VII, section
1268.
A statute general in form authorizing salaries is superseded by a
subsequent statute specifying the personnel to be paid, and an
appropriation for salaries of others than those specified is not in
order. Volume VII, section 1277.
The law creating the Department of Agriculture authorizes
appropriations for salaries of employees essential to its proper
maintenance without designating the names of positions in which they
shall serve, and in the absence of statutory provision to the contrary
it is in order in an appropriation bill to name such position or to
change the name of any division, bureau, or office previously
appropriated for. Volume VII, section 1330.
A general law authorizing the promotion of clerks from one class to
another, without limitation as to number, a provision for the promotion
of any number is in order. Volume VII, section 1328.
A general law authorizing the heads of departments to employ such
clerks as may be appropriated for, a provision making appropriation for
clerks so employed was held to be in order. Volume VII, section 1322.
The law authorizing the heads of departments to employ such clerks as
may be appropriated for was held to warrant an appropriation for clerks
in the field force of the Civil Service Commission. Volume VII, section
1320.
The granting of quarters as part of the compensation of a civil
employee without a proportionate reduction of salary was held to be
contrary to law and not to be in order on an appropriation bill. Volume
VII, section 1128.
Payment of per diem allowances in lieu of subsistence due employees of
the executive department is authorized by law. Volume VII, section
1329.
An appropriation to reimburse officials for services and expenses,
however valid, is an appropriation for a private claim and is not in
order on an appropriation bill. Volume VII, section 1184.
Statutory authorization for paying expenses of ``advertisement of
sale'' was construed not to justify payment of salaries of employees in
connection with such sale. Volume VII, section 1323.
Provision of a law establishing a Government plant or station was held
not to justify an appropriation for designated personnel necessary for
its operation. Volume VII, section 1314.
The term ``additional places'' as used in the organic act creating the
Department of Agriculture authorizes the creation of new positions and
appropriations for salaries of additional clerks to fill them. Volume
VII, section 1164.
The law authorizing the heads of departments to employ such clerks as
may be appropriated for was held to authorize clerkships not otherwise
authorized. Volume VII, section 1321.
APPROPRIATIONS--Continued.
(8) Authorization of.--For Employees of the House.
It is not in order to provide on an appropriation bill for payments to
employees of the House unless the House by prior action has authorized
the same. Volume IV, sections 3654, 3655.
The recommendation of a committee of the House is not authorization
sufficient to justify appropriations for House employees on the
deficiency bill. Volume IV, sections 3661-3663.
The House in appropriating for an employee may not go beyond the terms
of the resolution creating the office. Volume IV, section 3659.
A resolution by a preceding House, authorizing an employee of the
House, was held to justify an appropriation for a salary. Volume IV,
section 3660.
The House having passed a resolution from the Committee on Accounts
authorizing the employment of a person, a provision for the salary is
in order on an appropriation bill. Volume IV, section 3656.
The House having passed a resolution from the Committee on Accounts
authorizing the employment of a person, a provision for the salary is
in order on an appropriation bill, but such provision shall conform
with the provisions of the resolution. Volume VII, section 1313.
The House having passed a resolution from the Committee on Accounts
directing the Committee on Appropriations to provide for paying a
certain sum to a certain employee, an amendment to effect this purpose
was held in order on an appropriation bill. Volume IV, sections 3657,
3658.
Extra services of employees are properly compensation under authority
of a resolution agreed to by the House. Volume V, section 7238.
An appropriation to give employees of the House a month's pay in
addition to the annual salary is not in order on an appropriation bill.
Volume VII, section 1310.
Action by the House authorizing Members to appear in court in
connection with their official duties construed to imply authorization
for employment of counsel to represent them. Volume VII, section 1311.
The House having passed a resolution authorizing Members to appear in
court in official capacity, a provision for salary of counsel to
represent them on that occasion is in order on an appropriation bill.
Volume VII, section 1312.
(9) Authorization of.--Contingent Expenses.
An amendment authorizing payment of telegraph tolls from the contingent
fund was held to constitute legislation. Volume VII, section 1412.
The organic law creating a department authorizes necessary contingent
expenses incident to its maintenance. Volume VII, section 1273.
Statutory authorization for maintenance of a governmental service
authorizes essential expenses incident thereto. Volume VII, section
1235.
Appropriations for typewriters, filing cases, and other essential
equipment for an office authorized by law are in order on an
appropriation bill. Volume VII, section 1194.
The law creating a governmental agency and defining its duties
impliedly authorizes an appropriation for maintenance, including
allowances for automobiles, and in the absence of statutory limitation
any amount may be appropriated. Volume VII, section 1193.
The law creating a governmental agency was held to be sufficient
authorization for purchase of periodicals, maps, and books of reference
essential to the discharge of its legitimate functions. Volume VII,
section 1656.
An appropriation for ``miscellaneous supplies and expenses'' was held
to be authorized by the organic law of the Department of Agriculture.
Volume VII, section 1167.
The maintenance of students and attaches was held not to be necessary
incidental departmental expense and therefore unauthorized by the
organic act creating the department. Volume VII, section 1275.
APPROPRIATIONS--Continued.
(9) Authorization of--Contingent Expenses--Continued.
An appropriation for contingent expenses and unforeseen emergencies was
held to be in order on an appropriation bill. Volume VII, section 1241.
The committee, overruling the Chairman, decided that an appropriation
for packing boxes was authorized by law. Volume VII, section 1230.
An appropriation for telegraph and telephone tolls on business
pertaining to the Indian Service was held to be in order on an
appropriation bill. Volume VII, section 1214.
Appropriations for equipment and materials essential to the convenient
and efficient conduct of public business by the House or Senate are in
order on an appropriation bill. Volume VII, section 1230.
An appropriation for hire of vessels in Asiatic waters was held to be
in order on an appropriation bill as an incidental expense to
maintenance of an authorized service. Volume VII, section 1237.
(10) Authorization of.--For Buildings, Purchase of Land, etc.
While it is in order on an appropriation bill to provide for the repair
of a building, it is not in order to provide for a new building in
place of one destroyed. Volume IV, section 3606.
A provision of establishing a plant for the manufacture of powder was
held not in order on an appropriation bill. Volume IV, section 3605.
Proposition for acquisition of sites and buildings for embassies in
foreign countries are not in order on the consular and diplomatic
appropriation bill. Volume IV, sections 3606-3608.
A proposition to pave city streets adjacent to a public building was
held to be without authority of law. Volume IV, sections 3779-3781.
The purchase of sites and erection of buildings for the Weather Bureau
not being authorized by prior legislation an appropriation therefor is
not in order on the Agricultural appropriation bill. Volume IV,
sections 3753, 3754.
The erection of a new dormitory building to replace an old one was held
not to be in continuation of public work already in progress. Volume
VII, section 1216.
While estimates by Secretary of State of appropriations for acquisition
of sites and buildings for diplomatic and consular establishments are
provided for by law, the submission of such estimate is not a condition
precedent to appropriation by Congress, and an appropriation for which
no estimate had been made was held to be in order on an appropriation.
bill. Volume VII, section 1255.
An appropriation for the purchase of lands authorized upon contingency
was held to be in order prior to development of such contingency upon
the ground that it was a condition precedent to the purchase and not to
the appropriation. Volume VII, section 1169.
The authorization carried by an act providing an appropriation for the
purchase of forest land was held not to have been terminated by the
expiration of the original appropriation. Volume VII, section 1171.
The authorization carried by an act providing an appropriation for the
purchase of forest land was held not to have been terminated by the
expiration of the original appropriation. Volume VII, section 1171.
An appropriation of land for aviation purposes was held to be
authorized by law. Volume VII, section 1278.
The maintenance of any physical property of the Government is in order
as a continuation of a public work in progress, and express legislative
authorization is unnecessary. Volume VII, section 1369.
The statute prohibiting purchase of land except by authority of law was
held not to apply to a purchase of land for aviation stations, such
purchase being authorized by law. Volume VII, section 1272.
The enactment establishing an institution was held not to authorize
construction of a new building therein. Volume VII, section 1267.
APPROPRIATIONS--Continued.
(10) Authorization of.--For Buildings, Purchase of Land, etc.--
Continued.
Law limiting the labor of inmates to duties necessary for the
construction and maintenance of an institution was held not to
authorize an appropriation for construction of additional buildings for
the institution. Volume VII, section 1267.
An appropriation for hire of quarters for naval personnel when
otherwise unobtainable was held to be in order on an appropriation
bill. Volume VII, section 1244.
Authorization for enlargement, extension, improvement, and repair of
buildings and grounds was held not to authorize a new building. Volume
VII, section 1216.
The reappropriation of an unexpended balance for acquisition of land
for aviation stations was held to be authorized by law. Volume VII,
section 1272.
(11) Authorization of.--Various Independent Agencies and Commissions.
An appropriation for completing governmental activities undertaken
during the war under the food control act was held in order on an
appropriation bill. Volume VII, section 1151.
An appropriation for the expenses of the California Debris Commission
was held to be authorized by law. Volume VII, section 1279.
An appropriation of certain revenues of the Shipping Board in direct
violation of existing law requiring such moneys to be covered into the
Treasury was held not in order on a general appropriation bill. Volume
VII, section 1132.
Provision by law for appointment of an international commission with
appropriation for its maintenance for the fiscal year was held not to
authorize appropriations for subsequent years. Volume VII, section
1254.
Ratification by law of appointment of delegates to a convention was not
construed to authorize appropriations for expenses of an international
commission organized by the convention. Volume VII, section 1247.
A statue prohibits payment of the compensation or expenses of any
board, commission, or similar body from funds appropriated by Congress
unless the creation of such body shall have been authorized by law.
Volume VII, section 1149.
The expenditure of an appropriation for expenses provided in an act
creating a permanent commission was construed not terminate the
operation of the act, and a further appropriation for maintenance of
the commission was held to be in order on an appropriation bill. Volume
VII, section 1279.
(12) Authorization of.--Diplomatic Service.
An appropriation for loss on bills of exchange to and from embassies
and legations was held to be in order on an appropriation bill. Volume
VII, section 1250.
The President, at will, may raise a legation to an embassy or reduce an
embassy to a legation, any statute, to the contrary notwithstanding,
and where the President has made such change and followed it with an
appointment which has been approved by the Senate, an appropriation for
the salary of the appointee is in order unless the rate of pay is in
convention in law. Volume VII, section 1248.
Where a statute authorizes a diplomatic mission to designated
government it is in order to appropriate for the salary of diplomatic
officers thereto prior to their appointment by the President. Volume
VII, section 1248.
In the absence of an actual appointment by the President, or of
confirmation of such appointment by the Senate, an appropriation for
the salary of a minister to a country to which a statute authorizes the
appointment of an ambassador is subject to a point of order. Volume
VII, section 1248.
Hire of a steam launch was held to be a necessary expense incident to
maintenance of embassy at Constantinople an appropriation therefor was
admitted on an appropriation bill. Volume VII, section 1253.
While estimates by Secretary of State of appropriations for acquisition
of sites and buildings for diplomatic and consular establishments are
provided for by law, the submission of such estimate is not a condition
precedent to appropriation by Congress, and an appro-
APPROPRIATIONS--Continued.
(12) Authorization of.--Diplomatic Service--Continued.
priation for which no estimate had been made was held to be in
order on an appropriation bill Volume VII, section 1255.
A statute prohibiting the creation of new ambassadorships except by act
of Congress is in contravention of the President's constitutional
prerogatives and will not support a point of order against an
appropriation for the salary of an ambassadorship not created by act of
Congress but appointed by the President and confirmed by the Senate.
Volume VII, section 1248.
(13) Authorization of.--Indians.
The authority of the Government to exercise control over the Indian
tribes authorizes an appropriation for employment of counsel to
represent their interests in litigation. Volume VII, section 1206.
An appropriation for the support and education of Indians in a
Government school was held to be in order on an appropriation bill.
Volume VII, section 1207.
A statute authorizing the President, within his discretion, to order
survey of agricultural lands was held not to authorize a survey by the
Interior Department of certain Indian lands. Volume VII, section 1208.
It being provided by statute that funds derived from sale of timber on
Indian lands be expended only after approval by Congress of estimates
submitted by the Executive, submission of such estimates for approval
was held to authorize corresponding appropriations from these funds.
Volume VII, section 1209.
An appropriation for suppression of liquor traffic among Indians was
held to be authorized by law. Volume VII, section 1210.
An appropriation for expenses incurred in suits to determine the rights
of Indians was held to be in order in an appropriation bill. Volume
VII, section 1211.
Appropriations for the improvement of an Indian reservation were held
to be authorized if for construction of roads within the reservation,
and unauthorized if for construction of roads beyond the reservation.
Volume VII, section 1221.
Authorization to appropriate for relief of distress among Indians in
general was held to warrant an appropriation for certain designated
Indians. Volume VII, section 1219.
An appropriation for pay of Indian police was held to be unauthorized
by law. Volume VII, section 1215.
A summary of authorizations of appropriations for the Indian Service.
Volume VII, section 1215.
An appropriation for telegraph and telephone tolls on business
pertaining to the Indian Service was held to be in order on an
appropriation bill. Volume VII, section 1214.
An appropriation for support and education of Indian pupils at
Government schools was held to be in order on an appropriation bill.
Volume VII, section 1213.
(14) Authorization of.--Automobiles, Other Vehicles and Travel,
Generally.
Hire of a steam launch was held to be a necessary expense incident to
maintenance of an embassy at Constantinople, and an appropriation
therefor was admitted on an appropriation bill. Volume VII, section
1253.
An appropriation for transportation and subsistence of diplomatic and
consular officers en route to and from their posts was held to be in
order on an appropriation bill. Volume VII, section 1252.
An appropriation for the maintenance of motor cycles belonging to the
Government was held to be authorized by law. Volume VII, section 1177.
A system of inspection being provided for by law it was held in order
to appropriate for inspectors and motor cycles for their official use.
Volume VII, section 1184.
The law prohibiting purchase of vehicles from appropriations for
executive departments without specific authority is merely a limitation
on administrative officers and does not support a point of order
against items in an appropriation bill. Volume VII, section 1126.
APPROPRIATIONS--Continued.
(14) Authorization of.--Automobiles, Other Vehicles and Travel,
Generally--Continued.
Payment of cash in lieu of transportation for naval personnel is not
authorized by statute and an appropriation for that purpose is not in
order on an appropriation bill. Volume VII, section 1130.
An appropriation for an automobile, however necessary to the efficient
an economical performance of authorized official duties is not in order
on an appropriation bill unless specifically authorized by law. Volume
VII, section 1178.
The law creating a governmental agency and defining its duties
impliedly authorizes an appropriation for maintenance, including
allowances for automobiles, and in the absence of statutory limitation
any amount may be appropriated. Volume VII, section 1193.
Appropriations for expenses of officers or employees of the United
States or of the District of Columbia in attending conventions of
societies or associations in connection with their official duties are
in order on an appropriation bill. Volume VII, section 1201.
An appropriation for traveling expenses of the President, within the
prescribed statutory limit, is authorized by law. Volume VII, section
1196.
An appropriation for the transportation of officers of the United
States Court for China was held to be authorized by the organic act
creating the court. Volume VII, section 1251.
Appropriations for hire of automobiles, hire of launches, and rent of
offices outside of navy yards were held incidental to the maintenance
of the Naval Establishment and therefore in order on an appropriation
bill. Volume VII, section 1245.
While allocation of funds for maintenance and operation of automobiles
was held to be in order on an appropriation bill, an appropriation for
their purchase was held subject to a point of order. Volume VII,
section 1467.
(15) Authorization of.--Forests, Roads, Parks, and Schools.
An appropriation for fire protection of forested watersheds of
navigable streams, in cooperation with a State, was held to be
authorized by existing law. Volume VII, section 1170.
An appropriation for feeding elk in national parks was held to be
authorized by law and to constitute a deficiency and to be in order on
an appropriation bill. Volume VII, section 1175.
An appropriation for the construction of national-park and national-
monument roads including necessary bridges was held to be sanctioned by
law. Volume VII, section 1218.
An appropriation for increased cost in park maintenance was held to be
in order on an appropriation bill. Volume VII, section 1181.
Appropriations for the support of Howard University are not authorized
by law. Volume VII, section 1225.
An appropriation for the maintenance of a private educational
institution unauthorized by law was held not to be in order on an
appropriation bill. Volume VII, section 1225.
An appropriation for expenses of the General Staff College was held to
be in order on an appropriation bill. Volume VII, section 1280.
An appropriation for Army service schools was held to be authorized by
law. Volume VII, section 1281.
An appropriation for maintenance in cooperation with the War Department
of an air patrol for fire prevention in national forests was held to be
authorized by law. Volume VIII, section 1168.
An appropriation for opening, widening, or extending streets and
highways in the District of Columbia was held to be authorized by law.
Volume VII, section 1189.
An appropriation to be paid from the District revenues for maintenance
of bathing beaches in the District of Columbia was held to be
authorized by law. Volume VII, section 1186.
An appropriation for payment of damage to lands and crops incurred in
condemning right of way for irrigation projects was held to be
authorized by law. Volume VII, section 1217.
APPROPRIATIONS--Continued.
(15) Authorization of.--Forests, Roads, Parks, and Schools--Continued.
Decisons on authorization of appropriations for the promotion of rifle
practice. Volume VII, section 1285.
A change in the name of an institution from that carried in the law
authorizing appropriation for its maintenance was held not to vitiate
such authorization where identity of the institution was not thereby
obscured. Volume VII, section 1280.
A provision prescribing method of appointing instructors in Army
schools constitutes legislation and is not in order on an appropriation
bill. Volume VII, section 1281.
(16) Authorization of.--For General Works.
While the fortifications appropriations bill carries general
appropriations for a plan of work in progress, specific appropriations
for individual works not authorized by law and not in progress are not
in order thereon. Volume IV, sections 3611, 3612.
A provision on an appropriation bill appropriating the receipts of a
Government telegraph system to extensions of the same was held out of
order. Volume IV, section 3601.
The law authorizing the Geological Survey to examine the mineral
resources and products of the national domain was held to justify an
appropriation for investigating structural materials. Volume IV,
section 3613.
An appropriation for the construction for Government surveys of maps of
a foreign coast was held not to be in order on an appropriation bill.
Volume IV, section 3614.
A proposition to appropriate for furnishing a Territorial capitol was
held to be out of order on an appropriation bill. Volume IV, section
3616.
An amendment authorizing the purchase of a special device for
transporting the mails was held not to be in order on the Post-Office
appropriation bill. Volume IV, section 3618.
An appropriation for relief of the native inhabitants of Alaska was
held to be unauthorized by law. Volume IV, section 3617.
A proposition to pay the traveling expenses of the President of the
United States by a paragraph in an appropriation bill was held to be
unauthorized by law. Volume IV, section 3610.
An appropriation for free evening lectures in the school buildings of
the District of Columbia was held to be without authorization of law
and not in continuation of the public work of education. Volume IV,
section 3789.
Propositions to appropriate for the beginning of ``necessary and
special facilities'' for railroad transportation of mail have been
ruled out as not authorized by existing law. Volume IV, sections 3602,
3603.
An appropriation of the surplus of the water fund of the District of
Columbia for the extension of the water system was held to be
authorized by law and in order on an appropriation bill. Volume IV,
section 3600.
An appropriation for the construction of national-park and national-
monument roads including necessary bridges was held to be sanctioned by
law. Volume VII, section 1218.
An appropriation for ``other needed work and improvement'' was held to
be sanctioned by law authorizing the service for which proposed. Volume
VII, section 1266.
(17) Authorization of.--For Payment of Claims.
Propositions to pay private claims against the Government (except
judgments of the courts or audited claims) are not in order on general
appropriation bills. Volume IV, sections 3619-3624, 3802.
It is in order on the deficiency bill to appropriate for the payment of
judgments of the courts certified to Congress in accordance with the
law. Volume IV, sections 3641, 3642.
It is in order to provide on an appropriation bill as a deficiency for
the payment of a claim audited under authority of law. Volume IV,
sections 3634, 3635.
It is in order to provide on an appropriation bill as a deficiency for
the payment of an account audited under authority of law, but it is not
in order to provide for such auditing. Volume IV, sections 3636, 3637.
APPROPRIATIONS--Continued.
(17) Authorization of.--For Payment of Claims--Continued.
The Comptroller having ascertained the amount of a claim on appeal, on
appropriation bill may not carry a larger amount found by the auditor
who has been overruled. Volume IV, section 3638.
It is not in order to appropriate on the deficiency bill for an
unadjudicated claim, even though it be transmitted to the House by an
Executive message. Volume IV, section 3628.
The payment of an unadjudicated claim, even though the amount be
ascertained and transmitted by the head of an Executive Department, is
not in order on the deficiency bill. Volume IV, sections 3625-3627.
The fact that a department officer has reported on a claim in
accordance with a direction of law does not thereby make an audited
claim for which provision may be made in an appropriation bill. Volume
IV, sections 3632, 3639, 3640. Volume VII, section 1288.
Appropriations for payment of claims, even such as have been
investigated and reported on by officer of the Government, are not in
order on a general appropriation bill. Volume IV, sections 3629-3631.
A proposition to pay a claim reported on favorably by a board of
officers is not in order on the deficiency bill unless the expenditure
for the object has been authorized by law. Volume IV, section 3633.
Findings filed by the court under the Bowman Act do not constitute such
adjudications of claims as justify appropriation in the general
deficiency appropriation bill. Volume IV, section 3643.
It is in order on a deficiency appropriation bill to appropriate in
payment of a contract lawfully made. Volume IV, sections 3645, 3646.
An appropriation for balance due under an authorized contract was held
to be in order on a deficiency appropriation bill although the item had
not been audited. Volume VII, section 1293.
While it is in order to appropriate for payment of judgments of the
courts certified to Congress in accordance with law, mere findings of
fact by the Court of Claims were held not to authorize an
appropriation. Volume VII, section 1292.
It is in order on a deficiency bill to appropriate for the payment of
judgments of the courts certified to Congress in the form of a public
document transmitted to the Speaker by the Executive, but not otherwise
and a mere certified copy of a mandate of the Supreme Court of the
United States transmitted informally was held not to justify an
appropriation in an appropriation bill. Volume VII, section 1291.
An appropriation to refund amounts erroneously collected from
corporations and covered into the Treasury is not in order unless
authorized by specific law. Volume VII, section 1290.
A proposition to pay an unliquidated claim against the Government is
not in order on an appropriation bill. Volume VII, section 1289.
An appropriation for payment of damage to lands and crops incurred in
condemning right of way for irrigation projects was held to be
authorized by law. Volume VII, section 1217.
An appropriation to reimburse officials for services and expenses,
however valid, is an appropriation for a private claim and is not in
order on an appropriation bill. Volume VII, section 1184.
Appropriations for claims arising out of the operation of the merchant
marine during the warre we held to be authorized by the merchant marine
act of 1920. Volume VII, section 1162.
The payment of a claim for unliquidated damages is unauthorized by law
and not in order on an appropriation bill. Volume VII, section 1287.
(18) Authorization of.--Reappropriations.
The reappropriation of an unexpended balance for an object by law may
be made on an appropriation bill. Volume IV, sections 3591, 3592.
Volume VII, sections 1153, 1253.
APPROPRIATIONS--Continued.
(18) Authorization of.--Reappropriation.--Continued.
The reappropriation of a sum required by law to be covered into the
Treasury was held not to be a change of law. Volume IV, section 3593.
Volume VII, sections 1152,1162.
A provision returning an unexpended balance to the Treasury was held to
be in order on an appropriation bill. Volume IV, section 3594.
A proposition which would be in order if provided through a new
appropriation is in order if provided from an unexpended balance.
Volume VII, section 1154.
While it is in order to provide for the reappropriation of unexpended
balance in an appropriation bill, sums previously appropriated for a
specific purpose may not be reappropriated for a purpose unauthorized
by law. Volume VII, section 1157.
The reappropriation of unexpended balances, even for another lawful
purpose than that for which originally appropriated, is in order on a
appropriation bill. Volume VII, section 1155.
The reappropriation of an unexpended balance for acquisition of land
for aviation stations was held to be authorized by law. Volume VII,
section 1272.
(19) Authorization of.--Limits of Costs, etc.
It is not in order to propose on an appropriation bill an expenditure
prohibited by law. Volume IV, section 3580.
The law having fixed the limit of cost of buildings at army posts, an
appropriation in excess of that limit is a change of law. Volume IV,
section 3583.
An appropriation for a public building in excess of the limit of cost
fixed by law is not in order on an appropriation bill. Volume IV,
section 3584. Volume VII, section 1133.
The policy of making no more appropriations for sectarian schools
having been declared by law, an amendment authorizing appropriations
for contract schools was held to involve a change of law. Volume IV,
section 3582.
An appropriation for the improvement of the Yosemite National Park was
held not in order on a general appropriation bill, existing law
declaring the expenditures not authorized. Volume IV, section 3581.
The number of enlisted men in the Marine Corps being fixed it was held
not in order to provide for additional ones on an appropriation bill.
Volume IV, section 3585.
When the law limits appropriations to two years, a provision that an
appropriation shall remain available until expended is in violation of
existing law. Volume IV, section 3716.
The mere appropriation of a sum ``to complete'' a work does not fix a
limit of cost to exclude future appropriations for a public building on
a general appropriation bill. Volume IV, section 3761.
An appropriation in violation of existing law is not in order for the
continuance of a public work. Volume IV, section 3702.
The law having specified the details of the Government exhibit at an
exposition, an appropriation for a new object was held not in order in
a general appropriation bill. Volume IV, section 3599.
An appropriation for carrying on a service beyond the limits assigned
by an executive officer exercising a lawful discretion was held not to
be authorized by existing law. Volume IV, section 3598.
Although the Indian appropriation bill provided sums of money for
general irrigation purposes, an appropriation for a specific work of
use to others as well as to Indians was held not in order. Volume IV,
section 3783.
While a proposition to change a limit of cost is legislation, any
provision of cost within that limit is not subject to that point of
order. Volume VII, section 1448.
An appropriation to continue work authorized by current law beyond the
time of that authorization was ruled out of order on an appropriation
bill. Volume VIII, section 1346.
An appropriation for completion of a project previously authorized by
law without limitation of cost was admitted as in continuation of a
work. Volume VII, section 1388.
APPROPRIATIONS--Continued.
(19) Authorization of.--Limits of Costs, etc.--Continued.
A statute authorizes changes in the limit of cost of public buildings
in accordance with estimates submitted by the Bureau of the Budget.
Volume VII, section 1450.
(20) Authorization of.--For Investigations in the Department of
Agriculture.
Because of the requirements of law appropriations for investigations on
subjects connected with agriculture are generally in order on the
agricultural appropriation bill. Volume IV, section 3649.
While the statute authorizing the Secretary of Agriculture to make
investigation of subjects relating to agriculture is held to justify a
broad line of appropriation, yet it does not justify appropriations for
general investigations. Volume IV, section 3652.
A provision to appropriate for compiling tests of dairy cows at an
exposition was held not to be authorized as an expenditure by the
general law giving to the Secretary of Agriculture authority to acquire
and diffuse information pertaining to agriculture. Volume IV, section
3653.
While an appropriation to enable the Secretary of Agriculture to make
certain investigations is authorized on the agricultural appropriation
bill, it is not in order to require cooperation of State experiment
stations therein. Volume IV, section 3650.
While an appropriation to enable the Secretary of Agriculture to make
certain investigations is authorized under the organic law creating the
Department of Agriculture, it is not in order to require cooperation of
States, companies, or individuals therein. Volume VII, section 1301.
While an appropriation for an investigation on a subject relating to
agriculture is in order on the agricultural appropriation bill, it is
not in order to appropriate for the organization of a bureau to make
such investigation. Volume IV, section 3651.
The investigation of foods in their relation to commerce and
consumption was held not authorized by law in such a way as to permit
appropriation on the agricultural appropriation bill. Volume IV,
sections 3647, 3648. Volume VII, section 1298.
A Department being created for the declared purpose of investigation,
an appropriation for the instrumentalities of such investigation was
held to be within the rule. Volume IV, section 3615.
The Committee of the Whole, overruling its chairman, decided that a
provision for the purchase and distribution of rare and valuable seeds
was in order on the Agricultural appropriation bill. Volume IV, section
3895.
An appropriation for control of the European corn borer was held to be
authorized by the organic act establishing the Department of
Agriculture. Volume VII, section 1309.
An appropriation for collection of market statistics on agricultural
products was held to be authorized by the organic act creating the
Department of Agriculture. Volume VII, section 1304.
A proposition to appropriate for demonstrating processes of
manufacturing denatured alcohol at an exposition was held not to be
authorized by general law giving the Secretary of Agriculture authority
to acquire and diffuse information pertaining to agriculture. Volume
VII, section 1295.
An appropriation providing for the daily issue of a price list
reporting prices of farm products received by producers was held to be
authorized by the organic act creating the Department of Agriculture.
Volume VII, section 1305.
The broad powers of investigation conferred by the organic act creating
the Department of Agriculture were held to authorize an investigation
to determine possible sources of mineral fertilizers. Volume VII,
section 1299.
An appropriation for experiments and demonstrations in livestock
production was held to be authorized by the organic law creating the
Department Agriculture. Volume VII, section 1129.
APPROPRIATIONS--Continued.
(20) Authorization of.--For Investigation in the Department of
Agriculture--Continued.
While an appropriation for investigation of road materials was held not
to be authorized under the organic act creating the Department of
Agriculture, because not devoted exclusively to agricultural purposes,
an appropriation for investigation of irrigation was held to come
within the law and to be in order on an appropriation bill. Volume VII,
section 1307.
Contravening a former ruling, an appropriation for drainage
investigations was held in order on the agricultural appropriation
bill. Volume VII, section 1318.
Recent decisions hold an appropriation to investigate the drainage of
wet lands not to be authorized by law. Volume VII, section 1297.
An appropriation for investigating sources of raw materials for making
paper was held not to be authorized by the provision of the organic law
creating the Department of Agriculture. Volume VII, section 1296.
While the organic act creating the Department of Agriculture was held
to authorize an appropriation for maintenance of a highway weather
service, it was ruled to justify an appropriation for collection of
data as to the effects of weather on such highways. Volume VII, section
1308.
While the organic law creating the Department of Agriculture confers
broad powers of investigation, it does not authorize investigations
abroad. Volume VII, section 1303.
The authorization to conduct investigation conferred by the organic law
establishing the Department of Agriculture does not extend to
investigation conducted by other departments in connection with the
Department of Agriculture. Volume VII, section 1294.
An appropriation for investigation of road materials was held to be
unauthorized by law. Volume VII, section 1306.
An appropriation for investigation of foods in their relation to
commerce and consumption is not so authorized by law as to sanction an
appropriation on an appropriation bill. Volume VII, section 1298.
(21) Authorization of.--Scientific Research, Generally.
Continuation of a scientific investigation by a department of the
Government was held not to constitute a work in progress and to be
unauthorized by law. Volume VII, section 1345.
An appropriation for investigation of infant mortality and dangerous
occupations was held to be authorized by law. Volume VII, section 1262.
An appropriation for investigations in cooperation with industries of
problems in industrial development was held to be authorized by the
organic law creating the Bureau of Standards. Volume VII, section 1260.
An appropriation for examination of mineral resources and products of
the national domain was held to be authorized by law. Volume VII,
section 1222.
The organic law creating the Bureau of Mines, while general in
character, was construed as applying to the United States only, and
authorization conferred to investigate structural materials and fuels
is limited to those within the States and does not exceed to those of
Alaska. Volume VII, section 1224.
An appropriation for experiments by the Bureau of Ordnance, while not
specifically authorized by statute, was held to be in order on an
appropriation bill. Volume VII, section 1243.
An appropriation for investigation of foods in their relation to
commerce and consumption is not so authorized by law as to sanction an
appropriation on an appropriation bill. Volume VII, section 1298.
A proposition to appropriate for demonstrating processes of
manufacturing denatured alcohol at an exposition was held to be
authorized by general law giving the Secretary of Agriculture authority
to acquire and diffuse information pertaining to agriculture. Volume
VII, section 1295.
APPROPRIATIONS--Continued.
(22) Authorization of.--By Implication.
The concurrent resolution creating a joint committee authorized to
arrange for the quadrennial inauguration ceremonies is considered
sufficient authorization for the necessary appropriations for that
purpose. Volume VI, section 452.
A provision in permanent law authorizing establishment of rifle open to
``all able-bodied males capable of bearing arms'' authorizes an
appropriation for ``transportation of instructors of employees and
civilians engaged in target practice.'' Volume VII, section 1276.
An appropriation for machinery required for repair and maintenance of
sewers was held to be in order on an appropriation bill. Volume VII,
section 1195.
The existence of a fort used in the Government service is sufficient
authorization for an appropriation for its protection and preservation.
Volume VII, section 1369.
An appropriation to encourage breeding of horses for the Army was held
to be in order under the law authorizing appropriations for purchase of
Army horses. Volume VII, section 1284.
A provision in a general appropriation bill authorizing the expenditure
of money therein appropriated for the protection of the naval petroleum
reserve was held to be authorized by the holding statute. Volume VII,
section 1246.
An appropriation for recreation of enlisted men, although without
specific statutory authorization, was held to be in order on an
appropriation bill as necessary to the efficient maintenance of naval
operations. Volume VII, section 1240.
Statutory direction to establish a naval station was construed as
authorizing the paving of streets and erection of warehouses as
incidental thereto. Volume VII, section 1232.
An appropriation for purchase of vessels generally for the Lighthouse
Service was held not to be authorized by statutory provision for
purchase of a specified class of vessels for the Lighthouse Service.
Volume VII, section 1258.
Authorization for an appropriation to be dispensed by the Executive was
held to warrant an appropriation to be jointly dispensed by the
Executive and State officials. Volume VII, section 1220.
The law empowering the Commissioners of the District of Columbia to
make building regulations was held to authorize the appointment of
building inspectors. Volume VII, section 1191.
A change in the name of an institution from that carried in the law
authorizing appropriation for its maintenance was held not to vitiate
such authorization where identity of the institution was not thereby
obscured. Volume VII, section 1280.
A law establishing a definite policy was held to authorize
appropriations for agents to carry out such policy and
instrumentalities promoting the efficiency of those agents. Volume VII,
section 1184.
Where the organic act creating a department provides for certain
definite activities it is in order on a general appropriation bill to
appropriate for such activities. Volume VII, section 1262.
The general statement of purpose for which a department is established,
as set forth in the organic act creating it, is not to be construed as
authorization for appropriations not specifically provided for in
succeeding sections of the act providing for bureaus designated to
carry out the declaration of purpose. Volume VII, section 1264.
An appropriation for the distribution of proceedings of the World's
Dairy Congress was held to be authorized by the provision for the
dissemination of knowledge in the law creating the Department of
Agriculture. Volume VII, section 1174.
A treaty establishing an international institute authorizes an
appropriation in a general appropriation bill for sending delegates to
the institute. Volume VII, section 1138.
The right granted by treaty and supplemental legislation to maintain
civil government in the Canal Zone was held to authorized
appropriations in general appropriation bills for such maintenance.
Volume VII, section 1134.
APPROPRIATIONS--Continued.
(22) Authorization of.--By Implication--Continued.
An appropriation for the establishment of shooting ranges and the
purchase of prizes and trophies was held not to be in order on an
appropriation bill. Volume VII, section 1242.
The expenditure of an appropriation for expenses provided in an act
creating a permanent commission was construed not to terminate the
operation of the act, and a further appropriation for maintenance of
the commission was held to be in order on an appropriation bill. Volume
VII, section 1279.
An appropriation for hire of vessels in Asiatic waters was held to be
in order on an appropriation bill as an incidental expense to
maintenance of an authorized service. Volume VII, section 1237.
Appropriations for equipment and materials essential to be convenient
and efficient conduct of public business by the House or Senate are in
order on an appropriation bill. Volume VII, section 1230.
A law providing for establishment of specific regulations authorizes
appointment of agents to enforce such regulations, and in the absence
of legislative limitation on the number to be appointed, an
appropriation for any number is in order on an appropriation bill.
Volume VII, section 1191.
Authorization to appropriate for relief of distress among Indians in
general was held to warrant an appropriation for certain designated
Indians. Volume VII, section 1219.
(23) Authorization of.--Not in Order by Implication.
Authorization for the erection of a memorial without expense to the
United States was construed not to authorize an appropriation for
maintenance of thememorial when erected. Volume VII, section 1180.
A provision of law authorizing Commissioners of the District of
Columbia to take over and operate fish wharves was held not to
authorize an appropriation to reconstruct such wharves. Volume VII,
section 1187.
Authorization of law for use of public-school buildings as social and
recreational centers does not warrant appropriations for such purposes.
Volume VII, section 1188.
A declaration of policy embodied in a statute was held not to authorize
appropriations for purposes germane to the policy but not specifically
authorized by the act. Volume VII, section 1200.
Law authorizing designated parties to take certain action as construed
as not authorizing an appropriation to compensate the Government for
expenditures in taking such action. Volume VII, section 1202.
Authorization for Indians to lease their lands was held not to
authorize an appropriation to enable the Government to lease the same
lands. Volume VII, section 1202.
A law permitting Indians to remove timber from reservations does not
authorize an appropriation for that purpose. Volume VII, section 1204.
A law authorizing operations by other than governmental agencies and
without expense to the Government was held not to authorize an
appropriation for such operations. Volume VII, section 1204.
While requisite publications of bureaus are authorized by law a
provision for a specified bureau publication was held not to be in
order on an appropriation bill. Volume VII, section 1228.
The law authorizing regulations for examination of midshipmen was held
not to sanction an appropriation for transportation of successful
candidates to the academy. Volume VII, section 1234.
Autorization of an appropriation for an investigation is not construed
to include authorization of an appropriation for demonstrating results
of such investigation. Volume VII, section 1259.
Statements of purpose embodied in the organic act creating the
Department of Labor were held not to authorize appropriations for
establishment of an employment of an employment service. Volume VII,
section 1265.
APPROPRIATIONS--Continues.
(23) Authorization of.--Not in Order by Implication--Continued.
A statute imposing certain duties on a departmental executive was held
not to authorize an appropriation to enable the President to discharge
such duties. Volume VII, section 12486.
Mere authority conferred by law to issue passports was held not to
authorize creation of a bureau for that purpose. Volume VII, section
1249.
A statute authorizing certain bureau work in the United States was held
not to authorize an extension of that work to the Territory of Alaska.
Volume VII, section 1224.
The general statement of purpose for which a department is established,
as set forth in the organic act creating it, is not to be construed as
authorization for appropriations not specifically provided for in
succeeding sections of the act providing for bureaus designated to
carry out the declaration of purpose. Volume VII, section 1264.
The enactment establishing an institution was held not to authorize
construction of a new building therein. Volume VII, section 1267.
An appropriation for advertisements for naval recruits was held to be
unauthorized and therefore not in order on an appropriation bill.
Volume VII, section 1233.
Unless specifically authorized by treaty obligations or statutory
provision, any appropriation for support or civilization of Indians is
within the rule and is not in order in an appropriation bill. Volume
VII, section 1205.
Statutory authorization for support of designated Indian tribes does
not authorize appropriations for other Indians, even when formerly
members of the tribes enumerated. Volume VII, section 1205.
An appropriation for a specific method of transmitting mail, in the
absence of any prior legislation providing therefor, was held to be
subject to a point of order although general transmission of the mail
is authorized by law. Volume VII, section 1474.
(24) Authorization of.--General Decisions as to Allowable Expenditures.
The omission to appropriate during a series of years for an object
authorized by law does not repeal the law, and consequently an
appropriation when proposed is not subject to the point of order.
Volume IV, section 3595.
A motion to strike from an appropriation bill a provision for a salary
authorized and fixed by law is not subject to the objection that is
proposes legislation. Volume IV, section 3699.
A department being created for the declared purpose of investigation an
appropriation for the instrumentalities of such investigation was to be
within the rule. Volume IV, section 3615.
A proposition that certain specified amounts to be severally
appropriated for certain specified objects, should be to a limited
extent interchangeable among those several objects, was held to be in
order. Volume IV, section 3884.
An appropriation for mileage of Members at a regular session is
authorized by law, although mileage may have been appropriated for a
preceding special session. Volume IV, section 1160.
The law authorizing the Geological Survey to examine the mineral
resources and products of the national domain was held to justify an
appropriation for investigating structural materials. Volume IV,
section 3613.
A proposition to investigate coal, etc., the property of the United
States, and this only, as held to be authorized by the law creating the
Geological Survey. Volume IV, section 3721.
An appropriation of the surplus of the water fund of the District off
Columbia for the extension of the water system was held to be
authorized by law and in order on an appropriation bill. Volume IV,
section 3600.
Decisions on authorization of appropriations for the promotion of rifle
practice. Volume VII, section 1285.
APPROPRIATIONS--Continued.
(24) Authorization of.--General Decisions as to Allowable
Expenditures--Continued.
An appropriation for boards of inspection was held to be in order on an
appropriation bill. Volume VII, section 1236.
Appropriations for payment of expenses incurred in contested-election
cases are in order on an appropriation bill when duly certified by
Committee on Elections and not otherwise. Volume VII, section 1231.
An appropriation for ``collection of information at home and abroad''
by the naval service was held to be authorized by law. Volume VII,
section 1239.
A proposal authorizing the Secretary of the Navy to expend obligated
balances for labor-saving devices was held to be in order on an
appropriation bill. Volume VII, section 1154.
An appropriation for extension of a military telegraph system was held
to be in order on an appropriation bill. Volume VII, section 1282.
Directions to the Secretary of War to issue stores and material to the
National Guard is authorized by law. Volume VII, section 1274.
An appropriation for interest and sinking fund on the funded debt of
the District of Columbia to be paid jointly from the Federal Treasury
and District revenues is authorized by law. Volume VII, section 1183.
The organic act of the District of Columbia authorizes appropriations
for interest on District bonds and a subsequent act authorizes
appropriations for sinking fund for their payment. Volume VII, section
1182.
A statute providing that expenditures from a fund be made only on
approval by Congress of certain estimates was held to authorize such
expenditure on submission of the prescribed estimates. Volume VII,
section 1209.
An appropriation for promotion of commerce in the Far East was held to
be authorized by organic law establishing the Department of Commerce.
Volume VII, section 1261.
An appropriation to be expended in case of emergency only was held to
be in order on an appropriation bill. Volume VII, section 1192.
An appropriation for the suppression of the traffic in peyote was held
to be in order on an appropriation bill. Volume VII, section 1212.
An appropriation for the administration of the national prohibition law
was held to be authorized by law and in order on an appropriation bill.
Volume VIII, section 3427.
An appropriation for examination of presidential postmasters was held
to be authorized by law. Volume VII, section 1198.
An appropriation for the recovery of valuables from shipwrecks was held
to be authorized by law. Volume VII, section 1238.
An appropriation to indemnify owners of animals destroyed by direction
of the department in the eradication of tuberculosis was held to be a
deficiency and in order on an appropriation bill. Volume VII, section
1176.
The law establishing the Department of Agriculture was held to
authorize an appropriation for the purchase and distribution of free
seeds. Volume VII, section 1166.
An appropriation for distribution of seeds was held to be in order in
an appropriation bill. Volume VII, section 1165.
An appropriation for cooperative agricultural extension work with the
States and Territories is authorized by the organic law creating the
Department of Agriculture. Volume VII, section 1172.
An appropriation for increased cost in park maintenance was held to be
in order on an appropriation bill. Volume VII, section 1161.
An appropriation to be paid from the District revenues for maintenance
of bathing beaches in the District of Columbia was held to be
authorized by law. Volume VII, section 1186.
A provision in a general appropriation bill authorizing the expenditure
of money therein appropriated for the protection of the naval petroleum
reserve was held to be authorized by the holding statute. Volume VII,
section 1246.
APPROPRIATIONS--Continued.
(24) Authorization of.--General Decisions as to Allowable
Expenditures--Continued.
Provision for the collection and dissemination of information to
encourage law enforcement was held not to be in order on an
appropriation bill. Volume VII, section 1270.
(25) Authorization of.--General Decisions as to Expenditures Not in
Order.
Propositions to appropriate for the beginning of ``necessary and
special facilities'' for railroad transportation of mail have been
ruled out as not authorized by existing law. Volume IV, sections 3602,
3603.
Propositions to create ``necessary and special facilities'' for
transporting the mails on railroads are subject to the point of order
that they involve change of existing law. Volume IV, section 3804.
The law having specified the details of the Government exhibit at an
exposition, an appropriation for a new object was held not in order in
a general appropriation. Volume IV, section 3599.
An appropriation for carrying on a service beyond the limits assigned
by an executive officer exercising a lawful discretion was held to be
authorized by existing law. Volume IV, section 3598.
A provision for establishing a plant for the manufacture of powder was
held not in order on an appropriation bill. Volume IV, section 3605.
While it is in order on an appropriation bill to provide for the repair
of a building, it is not in order to provide for a new building in
place of one destroyed. Volume IV, section 3606.
Propositions for acquisition of sites and buildings for embassies in
foreign countries are not in order on the consular and diplomatic
appropriation bill. Volume IV, sections 3606-3608.
Question as to appropriations for incidental and contingent expenses in
the consular and diplomatic service. Volume IV, section 3609.
It is not in order on the naval appropriation bill to appropriate for a
new foundry not previously authorized by law at a navy-yard. Volume IV,
section 3761.
The erection of new buildings for a naval hospital, with an
authorization to acquire a new site, was held to involve legislation.
Volume IV, section 3760.
While an appropriation for a new army post was held to involve
legislation, a general appropriation for the shelter and protection of
troops was held to be in order. Volume IV, section 5783.
A proposition to appropriate for furnishing a Territorial capital was
held to be out of order on an appropriation bill. Volume IV, section
3616.
An appropriation for relief of the native inhabitants of Alaska was
held to be unauthorized by law. Volume IV, section 3617.
A proposition to continue the gauging of streams was held not to be
authorized by the legislation creating the Geological Survey. Volume
IV, sections 3714, 3715.
The establishment of a new station under the Fifth Commission was held
to be unauthorized by law. Volume IV, section 3751.
The purchase of sites and erection of buildings for the Weather Bureau
not being authorized by prior legislation, an appropriation therefor is
not in order on the agricultural appropriation bill. Volume IV,
sections 3753, 3754.
While the fortifications appropriation bill carries general
appropriations for a plan of work in progress, specific appropriations
for individual works not authorized by law and not in progress are not
in order thereon. Volume IV, sections 3611, 3612.
An appropriation for the construction from Government surveys of maps
of a foreign coast was held not to be in order on an appropriation
bill. Volume IV, section 3614.
A proposition to pay the traveling expenses of the President of the
United States by a paragraph in an appropriation bill was held to be
unauthorized by law. Volume IV, section 3610.
APPROPRIATIONS--Continued.
(25) Authorization of.--General Decisions as to Expenditures Not in
Order--Continued.
An amendment authorizing the purchase of a special device for
transporting the mails was held not to be in order on the post-office
appropriation bill. Volume IV, section 3618.
A provision on an appropriation bill appropriating the receipts of a
Government telegraph system to extensions of the same was held out of
order. Volume IV, section 3601.
The Committee of the Whole, overruling its chairman, decided that a
provision for the purchase and distribution of rare and valuable seeds
was in order on the agricultural appropriation bill. Volume IV, section
3895.
An appropriation to restrict free kindergarten supplies to indigent
children was held to be out of order on an appropriation bill. Volume
VII, section 1179.
An appropriation for Americanization work in the District of Columbia
was held not to be authorized by law. Volume VII, section 1190.
Statutory authorization for support of designated Indian tribes does
not authorize appropriations for other Indians, even when formerly
members of the tribes enumerated. Volume VII, section 1205.
Appropriations for the examination of estimates of appropriations in
the field by committees or subcommittees of Congress were held not to
be authorized by law. Volume VII, section 1199.
Unless specifically authorized by treaty obligations or statutory
provision, any appropriation for support or civilization of Indians is
within the rule and is not in order on an appropriation bill. Volume
VII, section 1205.
An appropriation enabling the President to gather tariff information by
appointment of a tariff board was held not to be in order on an
appropriation bill. Volume VII, section 1197.
The fact that the Government is to be reimbursed for an unauthorized
expenditure does not make it in order on an appropriation bill. Volume
VII, section 1228.
An appropriation for publication of the Reclamation Record was held to
be unauthorized by law. Volume VII, section 1229.
An appropriation for advertisements for naval recruits was held to be
unauthorized and therefore not in order on an appropriation bill.
Volume VII, section 1233.
An appropriation for the establishment of shooting ranges and the
purchase of prizes and trophies was held not to be in order on an
appropriation bill. Volume VII, section 1242.
Appropriations for the annual quota of the United States in support of
the International Trade-Mark Bureau and the International Hydrographic
Bureau were held not to be authorized by existing law. Volume VII,
section 1256.
An appropriation for demonstrating uses of fish as food was held not to
be authorized by the organic act creating the Bureau of Fisheries.
Volume VII, section 1259.
An appropriation to enable the Secretary of Labor to advance
opportunities for profitable employment of wage earners was held not to
be in order on an appropriation bill. Volume VII, section 1264.
Provision for the collection and dissemination of information to
encourage law enforcement was held not to be in order on an
appropriation bill. Volume VII, section 1270.
While the fortifications appropriation bill carried general
appropriations for a plan of work in progress, specific appropriations
for individual works not authorized by law and not in progress were
held not to be in order thereon. Volume VII, section 1271.
An appropriation for purposes not enumerated which an Executive might
deem advisable was held to be unauthorized. Volume VII, section 1283.
An appropriation to purchase a site and replace thereon a town in
exchange for one flooded by the reservoir or a Government irrigation
project was held not to be authorized by law. Volume VII, section 1336.
A proposition to authorize the construction of vessels for the Navy was
held to involve legislation. Volume VII, section 1440.
An appropriation for investigation of condition of Indiana was held not
to be in order on an appropriation bill. Volume VII, section 1205.
APPROPRIATIONS--Continued.
(26) Authorization of.--In the Agricultural Bill.
While the organic law establishing a department permits additions to
the regular force of employees by classes, the addition of specified
employees is not authorized. Volume VII, section 1163.
The term ``additional places'' as used in the organic act creating the
Department of Agriculture authorizes the creatio of new positions and
appropriations for salaries of additional clerks to fill them. Volume
VII, section 1164.
An appropriation for distribution of seeds was held to be in order in
an appropriation bill. Volume VII, section 1165.
The law establishing the Department of Agriculture was held to
authorize an appropriation for the purchase and distribution of free
seeds. Volume VII, section 1166.
An appropriation for ``miscellaneous supplies and expenses'' was held
to be authorized by the organic law of the Department of Agriculture.
Volume VII, section 1167.
An appropriation for maintenance in cooperation with the War Department
of an air patrol for fire prevention in national forests was held to be
authorized by law. Volume VII, section 1168.
An appropriation for the purchase of lands authorized upon contingency
was held to be in order prior to development of such contingency upon
the ground that it was a condition precedent to the purchase and not to
the appropriation. Volume VII, section 1169.
An appropriation for fire protection for fire protection of forested
watersheds of navigable streams, in cooperation with a State, was held
to be authorized by existing law. Volume VII, section 1170.
The authorization carried by an act providing an appropriation for the
purchase of forest land was held not to have been terminated by the
expiration of the original appropriation. Volume VII, section 1171.
An appropriation for cooperative agricultural extension work with the
States and Territories is authorized by the organic law creating the
Department of Agriculture. Volume VII, section 1172.
An appropriation for the distribution of proceedings of the World's
Dairy Congress was held to be authorized by the provision for the
dissemination of knowledge in the law creating the Department of
Agriculture. Volume VII, section 1174.
Although the purpose for which proposal is sanctioned by the
Constitution, an appropriation is not in order on general appropriation
bills unless authorized by provision of statutory law. Volume VII,
section 1197.
The authorization to conduct investigations conferred by the organic
law establishing the Department of Agriculture does not extend to
investigations conducted by other departments in connections with the
Department of Agriculture. Volume VII, section 1294.
A proposition to appropriate for demonstrating processes of
manufacturing denatured alcohol at an exposition was held not to be
authorized by general law giving the Secretary of Agriculture authority
to acquire and diffuse information pertaining to agriculture. Volume
VII, section 1295.
An appropriation for investigating sources of raw materials for making
paper was held not to be authorized by the provision of the organic law
creating the Department of Agriculture. Volume VII, section 1296.
Recent decisions hold an appropriation to investigate the drainage of
wet lands not to be authorized by law. Volume VII, section 1297.
An appropriation for investigation of foods in their relation to
commerce and consumption is not so authorized by law as to sanction an
appropriation or an appropriation bill. Volume VII, section 1298.
The broad powers of investigation conferred by the organic act creating
the Department of Agriculture were held to authorize an investigation
to determine possible sources of mineral fertilizers. Volume VII,
section 1299.
APPROPRIATIONS--Continued.
(26) Authorization of.--In the Agricultural Bill--Continued.
While an appropriation to enable the Secretary of Agriculture to make
certain investigations is authorized under the organic law creating the
Department of Agriculture, it is not in order to require cooperation of
States, companies, or individual therein. Volume VII, section 1301.
While the organic law creating the Department of Agriculture confers
broad powers of investigation, it does not authorize investigations
abroad. Volume VII, section 1303.
An appropriation for collection of market statistics on agricultural
products was held to be authorized by the organic act creating the
Department of Agriculture. Volume VII, section 1304.
An appropriation providing for the daily issue of a price list
reporting prices of farm products received by producers was held to be
authorized by the organic act creating the Department of Agriculture.
Volume VII, section 1305.
An appropriation for investigation of road materials was held to
unauthorized by law. Volume VII, section 1306.
While an appropriation for investigation of road materials was held not
be authorized under the organic act creating the Department of
Agriculture, because not devoted exclusively to agricultural purposes,
an appropriation for investigation of irrigation was held to come
within the law and to be in order on an appropriation bill. Volume VII,
section 1307.
While the organic act creating the Department of Agriculture was held
to authorize an appropriation for maintenance of a highway weather
service, it was ruled not to justify an appropriation for collection of
data as to the effects of weather on such highways: Volume VII, section
1308.
An appropriation for control of the European corn borer was held to be
authorized by the organic act establishing the Department of
Agriculture. Volume VII, section 1309.
Construction of the law authorizing the employment of mechanics and
laborers and other employees in the executive departments. Volume VII,
section 1317.
The law authorizing the heads of departments to employ such labor as
may be appropriated for does not apply to labor not at the seat of
government. Volume VII, section 1318.
Contravening a former ruling, an appropriation for drainage
investigations was held in order on the agricultural appropriation
bill. Volume VII, section 1318.
The law authorizing the heads of departments to employ such clerks as
may be appropriated for was held to authorize clerkships not otherwise
authorized. Volume VII, section 1321.
A general law authorizing the heads of departments to employ such
clerks as may be appropriated for, a provision making appropriation for
clerks so employed was held to be in order. Volume VII, section 1322.
The law creating the Department of Agriculture authorizes
appropriations for salaries of employees essential to its proper
maintenance without designating the names of positions in which they
shall serve, and in the absence of statutory provision to the contrary
it is in order in an appropriation bill to name such position or to
change the name of any division, bureau, or office previously
appropriated for. Volume VII, section 1330.
(27) Authorization of.--In the Deficiency Bills.
An appropriation for feeding elk in national parks was to be authorized
by law and to constitute a deficiency and to be in order on an
appropriation bill. Volume VII, section 1175.
The term ``existing law'' as related to authorization of deficiency
appropriations includes not only permanent statutes but also provisions
of supply bills in force for the current year only. Volume VII, section
1176.
An appropriation to indemnify owners of animals destroyed by direction
of the department in the eradication of tuberculosis was held to be a
deficiency and in order on an appropriation bill. Volume VII, section
1176.
APPROPRIATIONS--Continued.
(27) Authorization of.--In the Deficiency Bills--Continued.
The payment of a claim for unliquidated damages is unauthorized by law
and not in order on an appropriation bill. Volume VII, section 1287.
A proposition to pay an unliquidated claim against the Government is
not in order on an appropriation bill. Volume VII, section 1289.
An appropriation to refund amounts erroneously collected from
corporations, and covered into the Treasury is not in order unless
authorized by specific law. Volume VII, section 1290.
While it is in order to appropriate for payment of judgments of the
courts certified to Congress in accordance with law, mere findings of
fact by the Court of Claims were held not to authorize an
appropriation. Volume VII, section 1292.
An appropriation for balance due under an authorized contract was held
to go in order on a deficiency appropriation bill although the item had
not been audited. Volume VII, section 1293.
Payment of per diem allowances in lieu of subsistence due employees of
the executive departments is authorized by law. Volume VII, section
1329.
It being provided by statute that funds derived from sale of timber on
Indian lands be expended only after approval by Congress of estimates
submitted by the Executive, submission of such estimates for approval
was held to authorize corresponding appropriation from these funds.
Volume VII, section 1209.
(28) Authorization of.--In the District of Columbia Bill.
An appropriation for the maintenance of motor cycles belonging to the
Government was held to be authorized by law. Volume VII, section 1177.
An appropriation for an automobile, however necessary to the efficient
and economical performance of authorized official duties is not in
order on an appropriation bill unless specifically authorized by law.
Volume VII, section 1178.
An appropriation to restrict free kindergarten supplies to indigent
children was held to be out of order on an appropriation bill. Volume
VII, section 1179.
Authorization for the erection of a memorial without expense to the
United States was construed not to authorized an appropriation for
maintenance of the memorial when erected. Volume VII, section 1180.
An appropriation for increased cost in park maintenance was held to be
in order on an appropriation bill. Volume VII, section 1181.
The organic act of the District of Columbia authorizes appropriation
for interest on District bonds and a subsequent act authorize
appropriations for sinking fund for their payment. Volume VII, section
1182.
An appropriation for interest and sinking fund on the funded debt of
the District of Columbia to be paid jointly from the Federal Treasury
and District revenues is authorized by law. Volume VII, section 1183.
A law establishing a definite policy was held to authorize
appropriation for agents to carry out such policy and instrumentalities
promoting the efficiency of those agents. Volume VII, section 1184.
A system of inspection being provided for by law it was held in order
to appropriate for inspectors and motor cycles for their official use.
Volume VII, section 1184.
An appropriation to reimburse officials for services and expenses,
however valid, is an appropriation for a private claim and is not in
order on an appropriation bill. Volume VII, section 1184.
Appropriations for maintenance of police and health and other
departments in the District of Columbia are authorized by the organic
act creating permanent form of government in the District of Columbia.
Volume VII, section 1185.
An appropriation to be paid from the District revenues for maintenance
of bathing beaches in the District of Columbia was held to be
authorized by law. Volume VII, section 1186.
APPROPRIATIONS--Continued.
(28) Authorization of.--In the District of Columbia Bill--Continued.
A provision of law authorizing Commissioners of the District of
Columbia to take over and operate wharves was held not to authorize an
appropriation to reconstruct such wharves. Volume VII, section 1187.
Authorization of law for use of public-school buildings as social and
recreational centers does not warrant appropriations for such purposes.
Volume VII, section 1188.
An appropriation for opening, widening, or extending streets and
highways in the District of Columbia was held to be authorized by law.
Volume VII, section 1189.
An appropriation for Americanization work in the District of Columbia
was held not to be authorized by law. Volume VII, section 1190.
A law providing for establishment of specific regulations authorizes
appointment of agents to enforce such regulations, and in the absence
of legislative limitation on the number to be appointed, an
appropriation for any number is in order on an appropriation bill.
Volume VII, section 1191.
The law empowering the Commissioners of the District of Columbia to
make building regulations was held to authorize the appointment of
building inspectors. Volume VII, section 1191.
An appropriation to be expended in case of emergency only was held to
be in order on an appropriation bill. Volume VII, section 1192.
The law creating a governmental agency and defining its duties
impliedly authorizes an appropriation for maintenance, including
allowances for automobiles, and in the absence of statutory limitation
any amount may be appropriated. Volume VII, section 1193.
Appropriations for typewriters, filing cases, and other essential
equipment for an office authorized by law are in order on an
appropriation bill. Volume VII, section 1194.
An appropriation for machinery required for repair and maintenance of
sewers was held to be in order on an appropriation bill. Volume VII,
section 1195.
An appropriation to increase the authorized salary of the engineer
commissioner of the District of Columbia was held not to be in order on
an appropriation bill. Volume VII, section 1331.
(29) Authorization of.--In the Independent Offices Bill.
An appropriation for traveling expenses of the President, within the
prescribed statutory limit, is authorized by law. Volume VII, section
1196.
The provision of the Constitution directing the President to make
recommendations to Congress was held not to authorize appropriations
for agencies to secure information to be used in the discharge of that
duty. Volume VII, section 1197.
An appropriation enabling the President to gather tariff information by
appointment of a tariff board was held not to be in order on an
appropriation bill. Volume VII, section 1197.
An appropriation for examination of presidential postmasters was held
to be authorized by law. Volume VII, section 1198.
Appropriations for the examination of estimates of appropriations in
the field by committees or subcommittees of Congress were held not to
be authorized by law. Volume VII, section 1199.
A declaration of policy embodied in a statute was held not to authorize
appropriations for purposes germane to the policy but not specifically
authorized by the act. Volume VII, section 1200.
Appropriations for expenses of officers or employees of the United
States or of the District of Columbia in attending conventions of
societies or associations in connection with their official duties are
in order on an appropriation bill. Volume VII, section 1201.
An appropriation of certain revenues of the Shipping Board in direct
violation of existing law requiring such moneys to be covered into the
Treasury was held not in order on a general appropriation bill. Volume
VII, section 1132.
APPROPRIATIONS--Continued.
(30) Authorization of.--In the Interior Department Bill.
Law authorizing designated parties to take certain action was construed
as not authorizing an appropriation to compensate the Government for
expenditures in taking such action. Volume VII, section 1202
Authorization for Indians to lease their lands was held not to
authorize an appropriation to enable the Government to lease the same
lands. Volume VII, section 1202.
A law permitting Indians to remove timber from reservations does not
authorize an appropriation for that purpose. Volume VII, section 1204.
A law authorizing operations by other than governmental agencies and
without expense to the Government was held not to authorize an
appropriation for such operations. Volume VII, section 1204.
Statutory authorization for support of designated Indian tribes does
not authorize appropriations for other Indians, even when formerly
members of the tribes enumerated. Volume VII, section 1205.
Unless specifically authorized by treaty obligations or statutory
provision, any appropriation for support or civilization of Indians is
within the rule and is not in order on an appropriation bill. Volume
VII, section 1205.
An appropriation for investigation of condition of Indians was held not
to be in order on an appropriation bill. Volume VII, section 1205.
The authority of the Government to exercise control over the Indian
tribes authorizes an appropriation for employment of counsel to
represent their interests in litigation. Volume VII, section 1206.
It being provided by statute that funds derived from sale of timber on
Indian lands be expended only after approval by Congress of estimates
submitted by the Executive, submission of such estimates for approval
was held to authorize corresponding appropriations from these funds.
Volume VII, section 1209.
A statute providing that expenditures from a fund be made only on
approval by Congress of certain estimates was held to authorize such
expenditure on submission of the prescribed estimates. Volume VII,
section 1209.
An appropriation for expenses incurred in suits to determine the rights
of Indians was held to be in order in an appropriation bill. Volume
VII, section 1211.
An appropriation for the suppression of the traffic in peyote was held
to be in order on an appropriation bill. Volume VII, section 1212.
An appropriation for support and education of Indian pupils at
Government schools was held to be in order on an appropriation bill.
Volume VII, section 1213.
An appropriation for telegraph and telephone tolls on business
pertaining to the Indian Service was held to be in order on an
appropriation bill. Volume VII, section 1214.
Mere statutory reference to an office is not sufficient authorization
to warrant an appropriation for pay of incumbent. Volume VII, section
1215.
A summary of authorizations of appropriations for the Indian Service.
Volume VII, section 1215.
Authorizaiton for enlargement, extension, improvement, and repair of
buildings and grounds was held not to authorize a new building. Volume
VII, section 1216.
An authorization of law for appropriations should be construed strictly
and any legitimate doubt as to authority for an appropriation should be
resolved in the negative. Volume VII, section 1216.
The erection of a new dormitory building to replace an old one was held
not to be in continuation of public work already in progress. Volume
VII, section 1216.
An appropriation for payment of damage to lands and crops incurred in
condemning right of way for irrigation projects was held to be
authorized by law. Volume VII, section 1217.
An appropriation for the construction of national-park and national-
monument roads including necessary bridges was held to be sanctioned by
law. Volume VII, section 1218.
APPROPRIATIONS--Continued.
(30) Authorization of.--In the Interior Department Bill--Continued.
Authorization to appropriate for relief of distress among Indians in
general was held to warrant an appropriation for certain designated
Indians. Volume III, section 1219.
Authorization for an appropriation to be dispensed by the Executive was
held not to warrant an appropriation to be jointly dispensed by the
Executive and State officials. Volume VII, section 1220.
Appropriations for the improvement of an Indian reservation were held
to be authorized if for construction of roads within the reservation,
and unauthorized if for construction of roads beyond the reservation.
Volume VII, section 1221.
An appropriation for examination of mineral resources and products of
the national domain was held to be authorized by law. Volume VII,
section 1222.
A statute authorizing certain bureau work in the United States was held
not to authorize an extension of that work to the Territory of Alaska.
Volume VII, section 1224.
The organic law creating the Bureau of Mines, while general in
character, was construed as applying to the United States only, and
authorization conferred to investigate structural materials and fuels
is limited to those within the States and does not extent to those of
Alaska. Volume VII, section 1224.
Appropriations for the support of Howard University are not authorized
by law. Volume VII, section 1225.
An appropriation for the maintenance of a private educational
institution unauthorized by law was held not to be in order on an
appropriation bill. Volume VII, section 1225.
The fact that the Government is to be reimbursed for an unauthorized
expenditure does not make it in order on an appropriation bill. Volume
VII, section 1228.
While requisite publications of bureaus are authorized by law a
provision for a specified bureau publication was held not to be in
order on an appropriation bill. Volume VII, section 1228.
While request publications of bureaus are authorized by law a provision
for a specified bureau publication was held not to be in order on an
appropriation bill. Volume VII, section 1228.
An appropriation for publication of the Reclamation Record was held to
be unauthorized by law. Volume VII, section 1229.
(31) Authorization of.--In the Legislative Branch Bill.
The committee, overruling the Chairman, decided that an appropriation
for packing boxes was authorized by law. Volume VII, section 1230.
Appropriations for equipment and materials essential to the convenient
and efficient conduct of public business by the House or Senate are in
order on an appropriation bill. Volume VII, section 1230.
Appropriations for payment of expenses incurred in contested-election
cases are in order on an appropriation bill when duly certified by
Committee on Elections and not otherwise. Volume VII, section 1231.
Action by the House authorizing Members to appear in court in
connection with their official duties is construed to imply
authorization for employment of counsel to represent them. Volume VII,
section 1311.
The House having passed a resolution authorizing Members to appear in
court in official capacity, a provision for salary of counsel to
represent them on that occasion is in order on an appropriation bill.
Volume VII, section 1312.
The House having passed a resolution from the Committee on Accounts
authorizing the employment of a person, a provision for the salary is
in order on an appropriation bill, but such provision shall conform
with the provisions of the resolution. Volume VII, section 1313.
APPROPRIATIONS--Continued.
(32) Authorization of.--In the Navy Department Bill.
Statutory direction to establish a naval station was construed as
authorizing the paving of streets and erection of warehouses as
incidental thereto. Volume VII, section 1232.
An appropriation for advertisements for naval recruits was held to be
unauthorized and therefore not in order on an appropriation bill.
Volume VII, section 1233.
The law authorizing regulations for examination of midshipmen was held
not to sanction an appropriation for transportation of successful
candidates to the academy. Volume VII, section 1234.
Statutory authorization for maintenance of a governmental service
authorizes essential expenses incident thereto. Volume VII, section
1235.
Expenses incurred by Naval officers on shore patrol duty, although not
specifically authorized by law, are necessarily incidental to their
service, and appropriations to pay them are in order on an
appropriation bill. Volume VII, section 1235.
An appropriation for boards of inspection was held to be in order on an
appropriation bill. Volume VII, section 1236.
An appropriation for hire of vessels in Asiatic waters was held to be
in order on an appropriation bill as an incidental expense to
maintenance of an authorized service. Volume VII, section 1237.
An appropriation for the recovery of valuables from shipwrecks was held
to be authorized by law. Volume VII, section 1238.
An appropriation for ``collection of information at home and abroad''
by the naval service was held to be authorized by law. Volume VII,
section 1239.
An appropriation for recreation of enlisted men, although without
specific statutory authorization, was held to be in order on an
appropriation bill as necessary to the efficient maintenance of naval
operations. Volume VII, section 1240.
An appropriation for contingent expenses and unforeseen emergencies was
held to be in order on an appropriation bill. Volume VII, section 1241.
An appropriation for the establishment of shooting ranges and the
purchase of prizes and trophies was held not to be in order on an
appropriation bill. Volume VII, section 1242.
An appropriation for experiments by the Bureau of Ordnance, while not
specifically authorized by statute, was held to be in order on an
appropriation bill. Volume VII, section 1243.
An appropriation for hire of quarters for naval personnel when
otherwise unobtainable was held to be in order on an appropriation
bill. Volume VII, section 1244.
Appropriations for hire of automobiles, hire of launches, and rent in
offices outside of navy yards were held incidental to the maintenance
of the Naval Establishment and therefore in order on an appropriation
bill. Volume VII, section 1245.
A statute imposing certain duties on a departmental executive was held
not to authorize an appropriation to enable the President to discharge
such duties. Volume VII, section 1246.
A provision in a general appropriation bill authorizing the expenditure
of money therein appropriated for the protection of the naval petroleum
reserve was held to be authorized by the holding statue. Volume VII,
section 1246.
Appropriations for new vessels and otherwise unauthorized craft of the
Navy, formerly held to be in order as a continuance of a public work,
are no longer admissible on an appropriation bill. Volume VII, section
1351.
(33) Authorization of.--In the State, Justice, Commerce, and Labor
Bill.
Ratification by law of appointment of delegates to a convention was not
construed to authorize appropriations for expenses of an international
commission organized by the convention. Volume VII, section 1247.
In the absence of an actual appointment by the President, or of
confirmation of such appointment by the Senate, an appropriation for
the salary of a minister to a country to which a statute authorizes the
appointment of an ambassador is subject to a point of order. Volume
VII, section 1248.
APPROPRIATIONS--Continued.
(33) Authorization of.--In the State, Justice, Commerce, and Labor
Bill--Continued.
Where a statute authorizes a diplomatic mission to a designated
government it is in order to appropriate for the salary of diplomatic
officers thereto prior to their appointment by the President. Volume
VII, section 1248.
The President, at will, may raise a legation to an embassy or reduce an
embassy to a legation, any statute to the contrary notwithstanding, and
where the President has made such change and followed it with an
appointment which has been approved by the Senate, an appropriation for
the salary of the appointee is in order unless the rate of pay is in
contravention of law. Volume VII, section 1248.
A statute prohibiting the creation of new ambassadorships except by act
of Congress is in contravention of the President's constitutional
prerogatives and will not support a point of order against an
appropriation for the salary of an ambassadorship not created by act of
Congress but appointed by the President and confirmed by the Senate.
Volume VII, section 1248.
Where the President has appointed a diplomatic representative and the
appointment has been approved by the Senate, a point of order does not
lie against an appropriation for the salary of such representative
unless the rate of pay has been otherwise fixed by law. Volume VII,
section 1248.
Mere authority conferred by law to issue passports was held not to
authorize creation of a bureau for that purpose. Volume VII, section
1249.
An appropriation for loss on bills of exchange to and from embassies
and legations was held to be in order on an appropriation bill. Volume
VII, section 1250.
An appropriation for transportation and subsistence of diplomatic and
consular officers en route to and from their posts was held to be in
order on an appropriation bill. Volume VII, section 1251.
An appropriation for the transportation of officers of the United
States Court for China was held to be authorized by the organic act
creating the court. Volume VII, section 1252.
Hire of a steam launch was held to be a necessary expense incident to
maintenance of an embassy at Constantinople, and an appropriation
therefore was admitted on an appropriation bill. Volume VII, section
1253.
Provision by law for appointment of an international commission with
appropriation for its maintenance for the fiscal year was held not to
authorize appropriations for subsequent years. Volume VII, section
1254.
While estimates by Secretary of State of appropriations for acquisition
of sites and buildings for diplomatic and consular establishments are
provided for by law, the submission of such estimate is not a condition
precedent to appropriation by Congress, and an appropriation for which
no estimate had been made was held to be in order on an appropriation
bill. Volume VII, section 1255.
Appropriations for the annual quota of the United States in support of
the International Trademark Bureau and the International Hydrographic
Bureau were held not be authorized by existing law. Volume VII, section
1256.
An appropriation for commercial attaches to be appointed by the
Secretary of Commerce was held by the House to be authorized by the
organic law creating the Department of Commerce. Volume VII, section
1257.
An appropriation for purchase of vessels generally for the Lighthouse
Service was held not to be authorized by statutory provision for
purchase of a specified class of vessels for the Lighthouse Service.
Volume VII, section 1258.
An appropriation for demonstrating uses of fish as food was held not to
be authorized by the organic act creating the Bureau of Fisheries.
Volume VII, section 1259.
Authorization of an appropriation for an investigation is not construed
to include authorization of an appropriation for demonstrating results
of such investigation. Volume VII, section 1259.
APPROPRIATIONS--Continued.
(33) Authorization of.--In the State, Justice, Commerce, and Labor
Bill--Continued.
An appropriation for investigations in cooperation with industries of
problems in industrial development was held to be authorized by the
organic law creating the Bureau of Standards. Volume VII, section 1260.
An appropriation for promotion of commerce in the Far East was held to
be authorized by organic law establishing the Department of Commerce.
Volume VII, section 1261.
The general statement of purpose for which a department is established,
as set forth in the organic act creating it, is not to be construed as
authorization for appropriations not specifically provided for in
succeeding sections of the act providing for bureaus designated to
carry out the declaration of purpose. Volume VII, section 1264.
An appropriation to enable the Secretary of Labor to advance
opportunities for profitable employment of wage earners was held not to
be in order on an appropriation bill. Volume VII, section 1264.
Statements of purpose embodied in the organic act creating the
Department of Labor were held not to authorized appropriations for
establishment of an employment service. Volume VII, section 1265.
An appropriation for ``other needed work and improvement'' was held to
be sanctioned by law authorizing the service for which proposed. Volume
VII, section 1266.
The enactment establishing an institution was held not to authorize
construction of a new building therein. Volume VII, section 1267.
Law limiting the labor of inmates to duties necessary for the
construction and maintenance of an institution was held not to
authorize an appropriation for construction of additional buildings for
the institution. Volume VII, section 1267.
An appropriation for investigation of infant mortality and dangerous
occupations was held to be authorized by law. Volume VII, section 1262.
(34) Authorization of.--In the Treasury and Post Office Bill.
An appropriation for compensation of temporary employees to be fixed by
the Executive was held to be authorized by law. Volume VII, section
1268.
An appropriation for maintenance of an assay office permanently
established by law was held to be in order on an appropriation bill.
Volume VII, section 1269.
Legislation objected to and admitted on general appropriation bills may
authorize appropriations in future bills. Volume VII, section 1269.
Provison for the collection and dissemination of information to
encourage law enforcement was held not to be in order on an
appropriation bill. Volume VII, section 1270.
The statute prohibiting purchase of land except by authority of law was
held not to apply to a purchase of land for aviation stations, such
purchase being authorized by law. Volume VII, section 1272.
Construction of the law authorizing the employment of ``watchmen,
messengers, and laborers'' in the executive departments. Volume VII,
section 1327.
(35) Authorization of.--In the War Department Bill.
While the fortifications appropriation bill carried general
appropriations for a plan of work in progress, specific appropriations
for individual works not authorized by law and not in progress were
held not to be in order thereon. Volume VII, section 1271.
The reappropriation of an unexpended balance for acquisition of land
for aviation stations was held to be authorized by law. Volume VII,
section 1272.
The organic law creating a department authorizes necessary contingent
expenses incident to its maintenance. Volume II, section 1272.
Directions to the Secretary of War to issues and material to the
National Guard is authorized by law. Volume VII, section 1274.
The maintenance of students and attache's was held not be a necessary
incidental departmental expense and therefore unauthorized by the
organic act creating the department. Volume VII, section 1275.
APPROPRIATIONS--Continued.
(35) Authorization of.--In the War Department Bill--Continued.
Those upholding an item in an appropriation bill have the burden of
showing the law authorizing it. Volume VII, section 1275.
A provision in permanent law authorizing establishment of rifle ranges
open to ``all able-bodied males capable of bearing arms'' authorizes an
appropriation for ``transportation of instructors of employees and
civilians engaged in target practice.'' Volume VII, section 1276.
A question of authorization being raised against an item in an
appropriation bill, it is incumbent upon the Member in charge of the
bill to submit citation of authority. Volume VII, section 1276.
A statute general in form authorizing salaries is superseded by a
subsequent statute specifying the personne;l to be paid, and an
appropriation for salaries of others than those specified is not in
order. Volume VII, section 1277.
An appropriation of land for aviation purposes was held to be
authorized by law. Volume VII, section 1278.
The expenditure of an appropriation for expenses provided in an act
creating a permanent commission was construed not to terminate the
operation of the act, and a further appropriation for maintenance of
the commission was held to be in order on an appropriation bill. Volume
VII, section 1279.
An appropriation for the expenses of the California Debris Commission
was held to be authorized by law. Volume VII, section 1279.
An appropriation for expenses of the General Staff College was held to
be in order on an appropriation bill. Volume VII, section 1280.
A change in the name of an institution from that carried in the law
authorizing appropriation for its maintenance was held not to vitiate
such authorization where identity of the institution was not thereby
obscured. Volume VII, section 1280.
A provision prescribing method of appointing instructors in Army
schools constitutes legislation and is not in order on an appropriation
bill. Volume VII, section 1281.
An appropriation for Army service schools was held to be authorized by
law. Volume VII, section 1281.
An appropriation for extension of a military telegraph system was held
to be in order on an appropriation bill. Volume VII, section 1282.
An appropriation for purposes not enumerated which an Executive might
deem advisable was held to be unauthorized. Volume VII, section 1283.
An appropriation to encourage breeding of horses for the Army was held
to be in order under the law authorizing appropriations for purchase of
Army horses. Volume VII, section 1284.
Decisions on authorization of appropriations for the promotion of rifle
practice. Volume VII, section 1285.
(36) Available Immediately and Available Until Expended.
Appropriations ``immediately available,'' formerly ruled out of supply
bills as deficiency appropriations, are no longer subject to points of
order as such (footnote). Volume VII, section 1119.
Under the modern practice the provision that an appropriation be
``immediately available'' is not subject to a point of order. Volume
VII, section 1120.
A proposition to render an annual appropriation available until
expended is in effect an appropriation for succeeding years and is not
within the jurisdiction of a committee other than the Committee on
Appropriations. Volume VII, section 2145.
Under the statute exempting appropriations for rivers and harbors from
the operation of the law requiring unexpended balances to be covered
into the Treasury, a provision that an appropriation for flood control
should remain available until expended was held to be in order. Volume
VII, section 1401.
APPROPRIATIONS--Continued.
(36) Available Immediately and Available Until Expended--Continued.
A provision making an appropriation available beyond the fiscal year
supplied by the pending bill was held to be legislation and not in
order on an appropriation bill. Volume VII, section 1272.
An appropriation made ``available until expended'' is in the nature of
legislation and not in order on a general appropriation bill. Volume
VII, section 1276.
Provision that an appropriation remain available until expended
constitutes legislation and is not in order on a general appropriation
bill. Volume VII, section 1399.
(37) Claims.--Authorized by Existing Law.
It is in order to provide, on an appropriation bill as a deficiency,
for the payment of a claim audited under authority of law. Volume IV,
section 3634.
It is in order on the deficiency bill to appropriate for the payment of
judgments of the courts certified to Congress in accordance with the
law. Volume IV, section 3641.
It is in order to provide on a general appropriation that no part of a
certain appropriation shall be expended in payment of an adjudicated
claim until the said claim shall have been certified as finally
adjudicated. Volume IV, section 3641.
A claim having been adjudicated under authority of a treaty, an
appropriation for its payment was admitted on the deficiency bill.
Volume IV, section 3644.
It is in order on a deficiency appropriation bill to appropriate in
payment of a contract lawfully made. Volume IV, section 3645.
It is in order on a deficiency bill to appropriate for the payment of
judgments of the courts certified to Congress in the form of a public
document transmitted to the Speaker by the Executive, but not otherwise
and a mere certified copy of a mandate of the Supreme Court of the
United States transmitted informally was held not to justify an
appropriation in an appropriation bill. Volume VII, section 1291.
An appropriation for balance due under an authorized contract was held
to be in order on a deficiency appropriation bill although the item had
not been audited. Volume VII, section 1293.
(38) Claims.--Unauthorized.
Propositions to pay private claims against the Government (except
judgments of the courts or audited claims) are not in order on general
appropriation bills. Volume IV, section 3619.
The payment of an unadjudicated claim, even though the amount be
ascertained and transmitted by the head of an Executive Department, is
not in order on the deficiency bill. Volume IV, section 3625.
It is not in order to appropriate on the deficiency bill for an
unadjudicated claim, even though it be transmitted to the House by an
Executive message. Volume IV, section 3628.
Appropriations for payment of claims, even such as have been
investigated and reported on by officers of the Government, are not in
order on a general appropriation bill. Volume IV, section 3629.
A proposition to pay a claim reported on favorably by a board of
officers is not in order on the deficiency bill unless the expenditure
for the object has been authorized by law. Volume IV, section 3633.
It is in order to provide, on an appropriation bill as a deficiency,
for the payment of an account audited under authority of law; but not
to provide for such auditing. Volume IV, section 3636.
The Comptroller having ascertained the amount of a claim on appeal, an
appropriation bill may not carry a larger amount found by the Auditor
who has been overruled. Volume IV, section 3638.
The fact that a department officer has reported on a claim in
accordance with a direction of law does not thereby make an audited
claim for which provision may be made on an appropriation bill. Volume
IV, section 3639.
APPROPRIATIONS--Continued.
(38) Claims.--Unauthorized--Continued.
Findings filed by the court under the Bowman Act do not constitute such
adjudications of claims as justify appropriation in the general
deficiency appropriation bill. Volume IV, section 3643.
The payment of a claim for unliquidated damages is unauthorized by law
and not in order on an appropriation bill. Volume VII, section 1287.
The fact that a department officer has reported on a claim in
accordance with a direction of law does not thereby make an audited
claim for which provision may be made in an appropriation bill. Volume
VII, section 1288.
A proposition to pay an unliquidated claim against the Government is
not in order on an appropriation bill. Volume VII, section 1289.
It is in order on a deficiency bill to appropriate for the payment of
judgments of the courts certified to Congress in the form of a public
document transmitted to the Speaker by the Executive, but not otherwise
and a mere certified copy of a mandate of the Supreme Court of the
United States transmitted informally was held not to justify an
appropriation in an appropriation bill. Volume VII, section 1291.
while it is in order to appropriate for payment of judgments of the
courts certified to Congress in accordance with law, mere findings of
fact by the Court of Claims were held not to authorize an
appropriation. Volume VII, section 1292.
An appropriation to reimburse officials for services and expenses,
however valid, is an appropriation for a private claim and is not in
order on an appropriation bill. Volume VII, section 1184.
(39) Committee of the Whole.--Require Consideration in.
All appropriations of public moneys or property, and propositions to
release any liability to the United States or refer any claim to the
Court of Claims are considered in Committee of the Whole. Volume IV,
section 4792.
It was decided early in the history of the House that a bill requiring
an appropriation to be made should be considered in Committee of the
Whole as if actually making the appropriation. Volume IV, section 4824.
A bill must be considered in Committee of the Whole, even though the
portion requiring an appropriation be merely incidental to the main
purpose of the bill. Volume IV, section 4825.
Instance of the early practice of considering subjects in Committee of
the Whole irrespective of appropriations of money. Volume III, section
1984.
An amendment to a Senate amendment providing an appropriation for
another purpose than that of the Senate amendment requires
consideration Committee of the Whole. Volume IV, section 4795.
To require consideration in Committee of the Whole a bill must show on
its face that it involves an expenditure of money, property, etc.
Volume IV, sections 4811-4817.
A bill that may incidentally involve expense to the Government, but
does not require it, is not subject to the point of order that it must
be considered in Committee of the Whole. Volume IV, section 4810.
Where the expenditure is a mere matter of speculation the rule
requiring consideration in Committee of the Whole does not apply.
Volume IV, sections 4818-4821.
A bill providing for payment of money into the Treasury, and also
making an appropriation of the same, requires consideration in
Committee of the Whole. Volume IV, section 4834.
Instance of a ruling that a provision changing the manner of
expenditure of money already appropriated does not require
consideration in Committee of the Whole. Volume IV, section 4830.
APPROPRIATIONS--Continued.
(40) Committee of the Whole.--High Privilege of Motion to Go Into.
The motion to go into Committee of the Whole House on the state of the
Union to consider a revenue or general appropriation bill may, when
authorized by a committee, be made at any time after the Journal is
read. Volume IV, section 3072.
A motion to go into Committee of the Whole House on the state of the
Union is most highly privileged only for revenue and appropriation
bills. Volume IV, section 3073.
The motion to go into Committee of the Whole to consider revenue bills
and the motion to do the same to consider general appropriation bills
are of equal privilege. Volume IV, sections 3075, 3076.
Motions to go into Committee of the Whole to consider the various
general appropriation bills are of equal privilege, and will be put in
the order in which recognition is secured. Volume VI, section 722.
The motion to go into Committee of the Whole House on the state of the
Union to consider revenue or appropriation bills may designate the
particular bill to be considered. Volume IV, section 3074.
The highly privileged character of general appropriation bills
continues at all stages, including the period after they are returned
with Senate amendments. Volume IV, section 3148.
The motion to go into the Committee of the Whole for the consideration
of revenue or appropriation bills is not in order on Wednesday. Volume
VII, section 904.
A motion to go into Committee of the Whole to consider general
appropriation bills is in order Friday as on other days. Volume IV,
section 3081.
The motion to go into Committee of the Whole to consider general
appropriation bills has precedence on a Friday of a motion to go into
Committee of the Whole to consider the Private Calendar. Volume IV,
sections 3082-3085. Volume VI, section 719.
The motion to go into the Committee of the Whole to consider general
appropriation bills on Friday takes precedence of a motion to go into
the Committee of the Whole to consider the Private Calendar only when
authorized by the committee having jurisdiction. Volume VI, section
721.
The privileged motion to go into the Committee of the Whole to consider
revenue or appropriation bills may be made on a ``suspension day'' as
on other days. Volume IV, section 3080.
The motion to go into Committee of the Whole to consider general
appropriation bills has precedence on Monday of a motion to go into
Committee of the Whole to consider a bill reported by the Committee on
the District of Columbia. Volume VI, sections 716, 717.
The motion to go into Committee of the Whole to consider revenue and
general appropriation bills is in order on Monday as on other days.
Volume VII, sections 876, 1123.
Under a former condition or rule it was held that a motion to go into
Committee of the Whole to consider a general appropriation bill was not
privileged as against business in order on District of Columbia day.
Volume IV, section 3305.
The motion to go into Committee of the Whole to consider a general
appropriation bill may not be amended by a nonprivileged proposition,
and the previous question may not be demanded on it. Volume IV, section
3077. Volume VI, section 723.
Revenue and general appropriation bills, river and harbor bills,
certain bills relating to the public lands, for the admission of new
States, and general pension bills may be reported at any time. Volume
IV, section 4621. Volume VI, section 723.
Former method of securing precedence of revenue, general appropriation,
and river and harbor bills in Committee of the Whole. Volume IV,
section 4729.
The House may dispense with business in order under the rule by voting
affirmatively on a privileged motion to resolve into Committee of the
Whole to consider general appropriation or revenue bills. Volume VII,
section 853.
APPROPRIATIONS--Continued.
(40) Committee of the Whole.--High Privilege of Motion to Go Into--
Continued.
The Call of the Consent Calendar on days devoted to its consideration
by the rules takes precedence of the motion to go into Committee of the
Whole to consider revenue or appropriation bills. Volume VII, section
986.
The House (overruling the Speaker) held the motion discharging a
committee from the consideration of a bill to be of higher privilege on
suspension day than the motion to resolve into Committee of the Whole
for the consideration of revenue or appropriation bills. Volume VII,
section 1016.
Privileged motions to change the reference of public bills have
precedence of motions to go into Committee of the Whole to consider
general appropriation bills. Volume VII, section 2124.
Consideration of a conference report has precedence of a motion to go
into the Committee of the Whole for the consideration of a general
appropriation bill. Volume VIII, section 3291.
A motion to go into the Committee of the Whole House on the state of
the Union to consider an apportionment bill was formerly held to take
precedence over the motion to go into the committee to consider a
general appropriation bill. Volume VI, section 52.
(41) Committee of the Whole.--Consideration in. See also ``Committee of
the Whole.''
When the House agrees to the privileged motion to go into Committee of
the Whole to consider a particular revenue or appropriation bill the
Committee of the Whole may not consider a different bill. Volume IV,
section 4734.
Appropriation and revenue bills are considered in Committee of the
Whole by paragraphs, other bills by sections. Volume IV, sections 4739,
4740.
A discussion of procedure ordinarily followed in the consideration and
passage of a general appropriation bill. Volume VII, section 1117.
(42) Committee on.
Recent history of the Committee on Appropriations, section 3 of Rule
XI. Volume VII, section 1741.
The Committee on Appropriations has jurisdiction of appropriations for
the support of the Government. Volume VII, section 1741.
The Appropriations Committee reports appropriations in fulfillment of
treaty stipulations with Indian tribes. Volume VII, section 1742.
The Committee on Appropriations having jurisdiction of all general
appropriations, including deficiencies, has authority to report bills
including items to be immediately available. Volume VII, section 1743.
To provide that an appropriation already made shall be available for a
different purpose is an appropriation and exclusively within the
jurisdiction of the Committee on Appropriations. Volume VII, section
1744.
Bills pertaining to the business and government of the Indian tribes
are properly referred to the Committee on Indian Affairs unless
carrying appropriations, in which event they are properly within the
jurisdiction of the Committee on Appropriations. Volume VII, section
1940.
The Committee on Invalid Pensions reports general and special bills
authorizing payments of pensions to soldiers of the Civil War, but
actual appropriations therefor are reported by the Committee on
Appropriations. Volume VII, section 1988.
The Committee on Pensions reports general and special bills authorizing
the payment of pensions, but appropriations therefor are reported by
the Committee on Appropriations. Volume VII, section 1990.
While the Committee on Appropriations has jurisdiction to report
appropriations the power to report legislation authorizing
appropriations belongs to other committees. Volume IV, section 4033.
APPROPRIATIONS--Continued.
(42) Committee on--Continued.
Appropriations compensating heirs of foreigners killed by mobs have
come within the jurisdiction of the Committee on Appropriations. Volume
IV, section 4053.
Awards of money to foreign nations in pursuance of treaties for the
adjustment of claims or as acts of grace have been reported by the
Committee on Appropriations. Volume IV, section 4050.
(43) Committee on.--Reports of and Privilege of.
The rule requiring comparative prints in reports on measures repealing
existing law, while effective as to substantive legislative provisions
reported in general appropriation bills, is not otherwise applicable to
reports from the Committee on Appropriations and does not extend to
changes in paragraphs merely carrying stated appropriations. Volume
VIII, section 2241.
The Committees on Rules, Elections, Ways and Means, Appropriations,
Rivers and Harbors, Public Lands, Territories, Enrolled Bills, Invalid
Pensions, Printing, and Accounts may report at any time on certain
matters. Volume VIII, section 2251.
The right of the Committee on Appropriations to report at any time is
confined strictly to the general appropriation bills. Volume IV,
sections 4629-4632. Volume VIII, section 2282.
Revenue and general appropriation bills, river and harbor bills,
certain bills relating to the public lands, for the admission of new
States, and general pension bills may be reported at any time. Volume
VIII, section 2251.
The privilege of the Committee on Appropriations to report general
appropriation bills at any time does not include resolutions extending
appropriations. Volume VIII, section 2282.
Bills providing special appropriations for specific purposes are not
general appropriation bills and therefore not privileged. Volume VIII,
section 2285.
General appropriation bills with Senate amendments reported back to the
House from the Committee on Appropriations are privileged and are
subject to motions authorized by the committee. Volume VIII, section
3187.
The right to report legislation at any time carries with it the right
to consideration at any time when not in conflict with other rules of
the House. Volume VIII, section 2291.
(44) Committees--Jurisdiction of Other Than Committee on
Appropriations.
A rule forbids the carrying of appropriations in bills or joint
resolutions reported by committees without jurisdiction to report
appropriations. Volume VII, section 2133.
The rule forbidding consideration of items carrying appropriations in
connection with bills reported by nonappropriating committees applies
to Senate bills as to House bills. Volume VII, sections 2136, 2137,
2147.
The rule prohibiting consideration of appropriations in bills reported
by nonappropriating committees or amendments thereto, applies to the
language only and not to the bill or section in which carried. Volume
VII, section 2151.
Points of order against appropriations in bills from committees without
authority to report appropriations are properly directed against the
appropriating language only, and when sustained do not affect the
remainder of the bill. Volume VII, section 2148.
Under the rule forbidding consideration of appropriations in connection
with bills reported by nonappropriating committees, a point of order
should be directed to the item of appropriation in the bill and not to
the act of reporting the bill. Volume VII, section 2142.
A rule forbids the offering of amendments proposing appropriations
during the consideration of bills or joint resolutions reported by a
committee not having jurisdiction to report appropriations. Volume VII,
section 2133.
Inasmuch as the inhibition provided in section 4 of Rule XXI applies to
appropriations and not to acts of reporting, motions to discharge
nonappropriating committees from consideration of bills carrying
appropriations are not by reason of such appropriations subject to
points of order. Volume VII, section 2144.
APPROPRIATIONS--Continued.
(44) Committees.--Jurisdiction of Other Than Committee on
Appropriations--Con.
Questions of order against items proposing appropriations in bills or
joint resolutions reported by committees not having jurisdiction to
report appropriations, or in amendments to such bills, may be raised at
any time. Volume VII, section 2133.
An amendment, substituting for authorization of appropriation a direct
appropriation immediately available, was held not to be in order on a
bill reported by a committee without jurisdiction to report
appropriations. Volume VII, section 2155.
Committees without jurisdiction to report appropriations may not report
propositions to reappropriate appropriations or parts of appropriations
already made. Volume VII, section 2146.
A proposition to reappropriate or make available an appropriation
previously made or to divert such appropriation to any purpose other
than that for which originally made is equivalent to a direct
appropriation and is not in order in connection with a bill reported by
a committee without authorized jurisdiction to report appropriations.
Volume VII, section 2146.
A proposition to render an annual appropriation available until
expended is in effect an appropriation for succeeding years and is not
within the jurisdiction of a committee other than the Committee on
Appropriations. Volume VII, section 2145.
Committees having jurisdiction of bills for the payment of private
claims may report bills making appropriations within the limits of
their jurisdiction. Volume VII, section 1992.
Private bills and joint resolutions, and amendments thereto, carrying
appropriations within the limits of the jurisdiction of the Committees
on Invalid Pensions, Pensions, Claims, War Claims, Public Lands and
Accounts, do not fall within the rule forbidding consideration of items
proposing appropriations in connection with bills reported by
nonappropriating committees. Volume VII, section 2134.
The Committee on Claims has jurisdiction over appropriations for the
payment of claims other than war claims against the United States and
items providing appropriations for such proposes in bills reported by
the committee are not subject to the point of order that jurisdiction
to report appropriations rests exclusively in the Committee on
Appropriations. Volume VII, section 1992.
Although proposing a direct appropriation, a bill for the adjudication
of any private claim against the Government must be referred to the
Committee on Claims. Volume VII, section 2130.
Legislative propositions relating to private claims against the
Government are within the exclusive jurisdiction of the Committee on
Claims and items in bills reported by the Committee on Appropriations
providing for reimbursement for such claims are subject to a point of
order. Volume VII, section 1994.
Appropriations from the contingent fund reported by the Committee on
Accounts are not subject to the point of order that the jurisdiction to
report appropriations rests exclusively in the Committee on
Appropriations. Volume VII, section 2052.
The rule forbidding consideration of appropriations in connection with
bills reported by nonappropriating committees applies to Senate bills
as to House bills. Volume VII, section 2147.
(45) Constitutional Provisions as Related to.
It being alleged that the Senate had invaded the constitutional
prerogative of the House to originate appropriation bills, the Speaker
entertained the matter as of privilege. Volume III, section 2558.
No appropriation for the support of armies shall be for a longer term
than two years. Volume IV, section 3571.
In 1885 the House, after learned debate, declined to investigate the
power of the Senate to originate bills appropriating money. Volume II,
section 1501.
APPROPRIATIONS--Continued.
(45) Constitutional Provisions as Related to--Continued.
The Senate having insisted on its right to add a revenue amendment to
an appropriation bill the House declined to proceed further with the
bill. Volume II, section 1485.
Discussion by a committee of the House of the constitutional right of
the Senate to originate bills appropriating money from the Treasury.
Volume II, section 1500.
Interpretation of the constitutional provision limiting the duration of
appropriations for the support of armies. Volume IV, section 3572.
Reference to the establishment of the system of specific appropriations
(footnote). Volume IV, section 4032.
Reference to the President's protest against assumption by the House of
the right to designate the officers who should disburse appropriations
(footnote). Volume IV, section 4032.
When the law limits appropriations to two years a provision that an
appropriation shall remain available until expended is in violation of
existing law. Volume IV, section 3716.
A revenue amendment is not germane to an appropriation bill. Volume V,
section 5852.
Constitutional provisions, however explicit, are not sufficient to
warrant appropriations not previously authorized by law. Volume VII,
section 1144.
The provision of the Constitution directing the President to make
recommendations to Congress was held not to authorize appropriations
for agencies to secure information to be used in the discharge of that
duty. Volume VII, section 1197.
Although the purpose for which proposed is sanctioned by the
Constitution, an appropriation is not in order on general appropriation
bills unless authorized by provision of statutory law. Volume VII,
section 1197.
The power of the President to appoint diplomatic representatives to
foreign governments and to determine their rank is derived from the
Constitution and may not be circumscribed by statutory enactments.
Volume VII, section 1248.
A statute prohibiting the creation of new ambassadorships except by act
of Congress is in contravention of the President's constitutional
prerogatives and will not support a point of order against an
appropriation for the salary of an ambassadorship not created by act of
Congress but appointed by the President and confirmed by the Senate.
Volume VII, section 1248.
Where the President has appointed a diplomatic representative and the
appointment has been approved by the Senate, a point of order does not
lie against an appropriation for the salary of such representative
unless the rate of pay has been otherwise fixed by law. Volume VII,
section 1248.
(46) Continuation of Public Works.--The Rule and Its Interpretation.
A rule forbids in a general appropriation bill any appropriation not
previously authorized by law unless for continuation of works or
objects in progress. Volume IV, section 3578. Volume VII, section 1125.
The requirement that appropriations in general appropriation bills
shall be authorized by existing law does not apply to continuation of
appropriation for public works or objects in progress. Volume IV,
section 3701.
An appropriation in violation of existing law is not in order for the
continuance of a public work. Volume IV, sections 3702-3724. Volume
VII, section 1332.
A public work or object, to come within the terms of the rule, must be
actually in ``progress,'' according to the usual significance of the
words. Volume IV, section 3706. Volume VII, section 1334.
Questions as to whether or not a public work or object, to come within
the terms of the rule, must be actually ``in progress.'' Volume IV,
section 3705.
By ``public works and objects already in progress'' are meant tangible
matters like buildings, roads, etc., and not duties of officials in
Executive Departments. Volume IV, sections 3709-3713.
APPROPRIATIONS--Continued.
(46) Continuation of Public Works.--The Rule and Its Interpretation--
Continued.
By ``public works and objects already in progress'' is meant actual
works, not plans; specific projects capable of completion within
reasonable time, and not mere proposed undertakings of a general and
indefinite nature as the building of a town which might continue
indefinitely, Volume VII, section 1336.
By ``continuing work or object'' are meant tangible matters capable of
completion within a definite time. Volume IV, sections 3714, 3715.
The continuation of a public work which has long been interrupted has
been held to justify an appropriation. Volume IV, section 3708.
The continuation of a public work must not be so conditioned in
relation to place as to become really a new work. Volume IV, section
3704.
A provision admissible under the rule was ruled out of order on account
of accompanying legislation. Volume VII, section 1383.
The tendency of later decisions is to limit the application of the
principle of making in order appropriations for work in progress.
Volume VII, sections 1150, 1333.
An appropriation to continue a project authorized by existing law
without limitation of cost was held in order on an appropriation bill.
Volume VII, sections 1335, 1388.
A work in process of construction but paid for from a designated fund
was held not to constitute a ``work in progress'' within the meaning of
the rule. Volume VII, section 1340.
An appropriation to continue work authorized by current law beyond the
time of that authorization was ruled out of order on an appropriation
bill. Volume VII, section 1346.
While the fortifications appropriation bill carried general
appropriations for a plan of work in progress, specific appropriations
for individual works not authorized by law and not in progress were
held not to be in order thereon. Volume VII, section 1271.
Provisions in the pending bill, though read and passed by the
committee, are not construed as ``existing law'' within the purview of
clause 2 of Rule XXI. Volume VII, section 1476.
(47) Continuation of Public Works.--New Buildings or New Construction
at Existing Institutions.
While appropriations for new buildings at existing Government
institutions have sometimes been admitted as in continuance of a public
work, they are not regarded as establishing a principle. Volume IV,
sections 3741-3746.
The construction of a new building at the Naval Academy, but not for
the work of the Academy, was held not to be a continuation of a public
work. Volume IV, section 3747.
Provision for the construction of a new boathouse at the Naval Academy
was held not to be in order in an appropriation bill as a continuation
of a public work. Volume VII, section 1356.
The construction of barracks at a navy-yard was held not to be the
continuance of a public work or object. Volume IV, section 3755.
An appropriation for officers' quarters at a navy-yard is not in order
on the naval appropriation bill as in continuance of a public work.
Volume IV, section 3758.
An appropriation for a naval prison at a navy-yard was held not to be
in continuation of a public work and not in order on the naval
appropriation bill. Volume IV, sections 3756, 3757.
It is not in order on the naval appropriation bill to appropriate for a
new foundry not previously authorized by law at a navy-yard. Volume IV,
section 3761.
An appropriation for a hospital for lepers at a naval station was held
not in order on the naval appropriation bill as in continuation of a
public work. Volume IV, section 3756.
The purchase of sites and erection of buildings for the Weather Bureau
not being authorized by prior legislation, an appropriation therefor is
not in order on the agricultural appropriation bill. Volume IV,
sections 3753, 3754.
The erection of laboratory buildings for the Department of Agriculture
was held not to be in continuation of a public work already in
progress. Volume IV, section 3752.
APPROPRIATIONS--Continued.
(47) Continuation of Public Works.--New Buildings or New Construction
at Existing Institutions--Continued.
The establishment of a new station under the Fish Commission was held
to be unauthorized by law. Volume IV, section 3751.
The completion of the buildings at the Army War College was held to be
in continuation of a public work. Volume IV, section 3748.
The erection of new houses for quarters at the Naval Observatory was
held to be in continuation of a public work. Volume IV, section 3750.
The erection of necessary fireproof outbuildings for the Bureau of
Engraving and Printing was held to be in continuation of a public work.
Volume IV, section 3749.
The erection of a new dormitory building to replace an old one was held
not to be in continuation of public work already in progress. Volume
VII, section 1216.
An appropriation for installation of a refrigerating plant at the
District of Columbia morgue was held to be in order as in continuance
of a work in progress. Volume VII, section 1359.
(48) Continuation of Public Works.--Selection of Site or Making of
Survey not a Beginning.
Although an appropriation had previously been made for the purchase of
a site for a public building, a proposed amendment appropriating for
the construction of the building was ruled out of order. Volume IV,
section 3785.
The creation of a commission to select a site for a public building is
not such a beginning of a public work as to justify an appropriation
for a site. Volume IV, section 3763.
The creation of a board to select a site for a naval training station
was held not to be such a beginning of a work as to authorize
appropriation for the station itself. Volume IV, sections 3764, 3765.
The selection of a site for a naval magazine was held to be in
continuation of a public work or object. Volume IV, section 3762.
The making of a survey to ascertain the feasibility, etc., of a
proposed public work was held not to be such a beginning of the work as
would authorize an appropriation in an appropriation bill. Volume IV,
sections 3782, 3783.
The law having authorized surveys to determine the practicability of a
cable of Hawaii, a proposition to authorize the construction of a cable
to Hawaii and the Philippines was held not to be within the exception
relating to the construction of a public work.Volume IV, section 3784.
(49) Continuation of Public Works.--Repairs and Construction of
Buildings, Hospitals, and Light-Houses.
An appropriation for rent and repairs of buildings used in the public
service was held to be in continuation of a public work. Volume IV,
section 3777.
While alteration and adaption of public buildings belonging to the
Government is held to be continuation of a work in progress within the
meaning of the rule, the alteration and adaptation of a building not
the property of the Government, even though under its control, was held
not to be such a work in progress and subject to a point of order.
Volume VII, section 1339.
The Smithsonian Institution though under the control of the United
States is not Government property and an appropriation for its
alteration or repair is not in order on an appropriation bill. Volume
VII, section 1339.
While repairs of buildings used in the public service are held to be in
continuation of a public work, improvements for such buildings do not
come within the rule. Volume VII, section 1367.
A appropriation for the installation of a heating plant in a privately
owned building rented by the Government is not in order on an
appropriation bill. Volume VII, section 1368.
The repair of buildings other than those owned by the Government was
held not to be in continuation of a public work. Volume VII, section
1368.
APPROPRIATIONS--Continued.
(49) Continuation of Public Works.--Repairs and Construction of
Buildings, Hospitals, and Light-Houses--Continued.
Appropriations for repairs to public buildings are admitted in general
appropriation bills as in continuation of a public work. Volume IV,
section 3778.
While it is in order on an appropriation bill to provide for the repair
of a building it is not in order to provide for a new building in place
of one destroyed. Volume IV, section 3606.
While a proposition to enlarge an existing public building is in order
as continuation of a public work, an appropriation for the
``extension'' of a building is not in order if it is in fact a
proposition for a new building. Volume VII, section 1355.
The erection of a new schoolhouse in the District of Columbia was held
not to be in continuation of a public work. Volume IV, section 3790.
While appropriations for erection of new school buildings in the
District of Columbia are not in order on appropriation bills,
propositions for continuing the erection of additions to existing
school buildings are admitted as in continuation of public work in
progress. Volume VII, section 1358.
An appropriation for buildings and grounds for a new army hospital was
held not to be in continuation of a public work. Volume IV, section
3740.
The construction of a new building at a military post was held not to
be in continuation of a public work. Volume VII, section 1354.
The erection of new buildings for a naval hospital, with an
authorization to acquire a new site, was held to involve legislation.
Volume IV, section 3760.
A proposition to repair paving originally laid by the Government in a
city street adjacent to a public building was held not to be in
continuation of a public work. Volume IV, section 3779.
An appropriation for a new light-house not authorized by existing law
was held not to be in continuation of a public work. Volume IV, section
3728.
Propositions for a new ``storehouse'' and for ``additional storage
facilities'' were respectively held not to be in order on an
appropriation bill as in continuation of a public work. Volume VII,
section 1357.
An appropriation for repairs and other expenses for the care,
preservation, and improvement of the public buildings and grounds of
the Weather Bureau was held not to be in order on an appropriation
bill. Volume VII, section 1367.
An appropriation to render serviceable an additional story of a
building provided for the use of the Court of Appeals of the District
of Columbia was admitted as in continuation of a public work in
progress, but a similar appropriation to adapt this portion of the
building for accommodation of the recorder of deeds was ruled out of
order. Volume VII, section 1370.
A proposition to repair a public building is in order as a continuation
of work in progress if such repairs are for the use and purpose for
which the building was originally provided, but not otherwise. Volume
VII, section 1370.
To a bill containing two items appropriating for quarantine stations an
amendment proposing an appropriation for another quarantine station was
held to be germane. Volume VII, section 1372.
An appropriation for improvement of a quarantine station, including the
building of wharves, was held to be in continuation of a public work.
Volume VII, section 1372.
An appropriation for repairing and reconstructing the main conservatory
in the Botanic Garden was held to be the continuation of a public work.
Volume VII, section 1384
(50) Continuation of Public Works.--Purchase of Additional Land for
Existing Work.
The purchase of adjoining land for a work already established was held
to be in continuation of a public work. Volume IV, sections 3766-3773.
Volume VII, sections 1360, 1361, 1362.
APPROPRIATIONS--Continued.
(50) Continuation of Public Works.--Purchase of Additional Land for an
Existing Work--Continued.
The purchase of additional ground and the erection of an addition to an
existing building have been held to be in continuation of a public
work. Volume IV, sections 3774, 3775.
A proposition to purchase a separate and detached lot of land for an
army target range was held not to be in continuation of a public work.
Volume IV, section 3776.
A proposition to purchase a separate and detached lot of land for a
proving ground was held not to be in continuation of a public work.
Volume VII, section 1350.
An appropriation for purchase of land adjoining a rifle range was held
to be in continuation of a public work in progress. Volume VII,
sections 1360, 1362.
An appropriation for acquisition of ground adjacent to a school in the
District of Columbia was held to be in order as a continuation of a
public work. Volume VII, section 1361.
An appropriation for the acquisition of land contiguous to a national
park and conforming to the original purpose for which the park was
established was held in order as continuing a work in progress. Volume
VII, section 1387.
While an appropriation for the purchase of a new site for a school
building in the District of Columbia is not in order on an
appropriation bill, a proposition for the purchase of land adjacent to
school property was admitted as in continuation of a public work in
progress. Volume VII, section 1363.
While the purchase of adjoining land for a work already established is
held to be in continuation of a public work, the purchase of land not
contiguous is not so construed. Volume VII, section 1364.
(51) Continuation of public works.--Vessels for Navy, etc.
By a broad construction of the rule, the principle of which is not
generally applied in other matters, an appropriation for a new and not
otherwise authorized vessel of the Navy is held to be for continuance
of public work. Volume IV, sections 3723, 3724.
Appropriations for new vessels and otherwise unauthorized craft of the
Navy, formerly held to be in order as a continuance of a public work,
are not longer admissible on an appropriation bill. Volume VII, section
1351.
An appropriation to complete a naval vessel, on which the work had long
been interrupted, was admitted as being for the continuation of a
public work. Volume IV, section 3707.
An appropriation for a new vessel for use as a light-house tender is
not admissible as in continuation of a public work or object. Volume
IV, sections 3725, 3726.
The construction of a new vessel for the coast survey was held not to
be the continuation of a public work or object. Volume IV, section
3727.
Provision for ``continuing'' conversion of naval cruisers made in a
previous appropriation bill was accepted as evidence that the work was
actually in progress. Volume VII, section 1342.
Appropriations for alteration and repair of battleships and other naval
craft, including changes in armament, are in order on appropriation
bills as in continuation of public work in progress. Volume VII,
section 1347.
An appropriation for continuing developing of a submarine base was held
to be in continuation of a work already in progress. Volume VII,
section 1353.
(52) Continuation of public works.--Docks.
An appropriation for a new naval dry dock, which has not been begun
under authority of prior law, has been held not to be in continuation
of a public work. Volume IV, sections 3720, 3734.
An appropriation for a floating dry dock, not otherwise authorized by
law, is not in order on the naval appropriation bill as in continuation
of a public work. Volume IV, sections 3735, 3736.
An appropriation for equipment of a naval dry dock already in existence
was held to be in continuation of a public work. Volume VII, section
1352.
APPROPRIATIONS--Continued.
(53) Continuation of Public Works.--Roads and Bridges.
An appropriation for repair of an existing Government road to a
national cemetery is in order on a general appropriation bill as in
continuance of a public work. Volume IV, section 3798.
An appropriation to build a new road to a national cemetery was ruled
out of a general appropriation bill, as not being a legitimate
continuation of the cemetery as a public work. Volume IV, section 3798.
An appropriation for continuation of an authorized road in the District
of Columbia, and not in excess of the limit of cost, was admitted as in
continuation of a work. Volume IV, section 3793.
The building of a road on land not owned by the Government was held not
to be in continuation of certain Government works on a battlefield.
Volume IV, section 3799.
An appropriation to repair a bridge built by the Government was held in
order as for continuation of a public work. Volume IV, section 3803.
The construction of a bridge on a road in the District of Columbia was
held to be the continuation of a public work. Volume IV, section 3794.
Volume VII, section 1389.
An appropriation for the paving of street in the District of Columbia
was held to be in continuation of a public work. Volume VII, section
1373.
An appropriation for construction of bridges on Indian reservations was
held not to be in continuation of work in progress. Volume VII,
sections 1341, 1385.
The building of roads in Alaska under a law providing for their
construction from the ``Alaska fund'' was held not to be such a work in
progress as to warrant an appropriation on an appropriation bill.
Volume VII, section 1340.
An amendment providing for the completion and maintenance of roads,
bridges, and trails in Alaska held not to fall within the rule that
appropriations may be made on an appropriation bill for a work in
progress. Volume VII, section 1333.
The construction of a road, although in extension of roads already
built, was held not to be in continuation of a public work. Volume VII,
section 1150.
An appropriation for repair of a Government-owned road was held to be
in continuation of a public work. Volume VII, section 1365.
An appropriation for protection of a road owned and repaired by the
Government is in order on an appropriation bill as a continuation of a
work in progress. Volume VII, section 1366.
The improvement of a private roads though long in use and on a
Government reservation, is not a work in progress within the terms of
the rule. Volume VII, section 1341.
(54) Continuation of Public Works.--Submarine Cables.
The construction of a submarine cable, although in extension of one
already laid, was held not to be in continuation of a public work.
Volume IV, section 3716.
Overruling a former decision, the construction of a submarine cable in
extension of one already laid was held to be in continuation of a
public work. Volume VII, section 1348.
A provision of an appropriation bill appropriating the receipts of a
Government telegraph system to extensions of the same was held out of
order. Volume IV, section 3601.
(55) Continuation of Public Works.--Manufacturing Plants.
A provision for establishing a plant for the manufacture of powder was
held not in order on an appropriation bill. Volume IV, section 3605.
The erection of an armor-plate factory, even though on land already
owned by the Government, is not the continuation of a public work.
Volume IV, section 3739.
A proposition to appropriate for the establishment of an armor-plate
factory was held not to be in order on the naval appropriation bill,
such appropriation not being in continuation of a public work or
object. Volume IV, sections 3737, 3738.
An appropriation for operating and repairing a sawmill already
constructed by the Government was held to be in continuation of a
public work. Volume IV, section 3801.
APPROPRIATIONS--Continued.
(55) Continuation of Public Roads.--Manufacturing Plants--Continued.
An appropriation for improvements to an existing plant owned and
operated by the Government was held to be in continuation of a work in
progress. Volume VII, section 1380.
(56) Continuation of Public Works.--General Examples of Continuing
Work.
The continuation of a topographical survey was held to be the
continuation of a public work. Volume IV, sections 3796, 3797. Volume
VII, section 1382.
The continuation of the preparation of a geological map of the United
States was held to be in continuation of a public work within the
meaning of the rule. Volume IV, section 3795.
An appropriation to continue the markting of a boundary line of the
nation is in continuation of a public work. Volume IV, section 3717.
A proposition to complete the markting of certain graves of soldiers
was held to be in continuation of a public work. Volume IV, section
3788.
An appropriation to complete a list of claims was held to be in
continuation of a public work or object. Volume IV, section 3786.
The distribution of card indexes, etc., by the Library of Congress was
held to be in continuation of a public work. Volume IV, section 3717.
The recoinage of uncurrent fractional silver coins in the Treasury was
held to be in continuation of a public work or object already in
progress. Volume IV, section 3807.
An appropriation for current repairs and improvements in the Botanic
Garden was held to be the continuation of a public work. Volume IV,
section 3787.
The continuation of special facilities for mail service on trunk lines
of railroad has been held to be such public work or object as would
justify provision on an appropriation bill. Volume IV, sections 3804-
3806.
An appropriation to man and equip vessels already possessed by the
Coast Survey was held to be in order. Volume IV, section 3800.
By and exceptional ruling a legislative provision increasing the
enlisted force of the Navy was admitted on an appropriation bill
(footnote). Volume IV, section 3723.
A deficiency appropriation to complete a transportation of silver coin
authorized for the current year was held in order, although the
original appropriation may have been without authority of law. Volume
IV, section 3604.
An additional appropriation to enable a legally authorized commission
to complete reclassification of salaries was held to be in order on an
appropriation bill. Volume VII, section 1344.
A provision in current law for ``grading, filling, and sea-wall
construction'' was held to indicate a work in progress within the
meaning of the rule. Volume VII, section 1335.
An appropriation for installation of a refrigerating plant at the
District of Columbia morgue was held to be in order as in continuance
of a work in progress. Volume VII, section 1359.
An appropriation for the grading and drainage of land owned by the
Government in connection with a submarine base was held to be in
continuation of a work in progress. Volume VII, section 1381.
A proposition for the construction of a public bathing beach in the
District of Columbia was ruled out of order as proposing legislation,
but an appropriation to provide bathing facilities in a public park in
the District was held to be in order as a continuation of work in
progress. Volume VII, section 1390.
The continuing of development of a public park in the District of
Columbia was held to come within the rule as continuing a work in
progress. Volume VII, section 1383.
An appropriation for a reflecting pool in Potomac Park was held to be
in continuation of a work in progress. Volume VII, section 1379.
Fulfillment of a condition precedent necessary to authorize an
appropriation having been certified in an official report, provision
for such appropriation was held to be in order on an appropriation
bill. Volume VII, section 1338.
APPROPRIATIONS--Continued.
(57) Continuation of Public Works.--Matters of Intangible Nature or of
Indefinite Continuance.
The gauging of streams was held not to be a continuing work within the
meaning of the rule. Volume IV, sections 3714, 3715, 3795.
The continuation of an investigation of materials, coal, etc., was held
not the continuation of a public work. Volume IV, section 3721.
The continuation of a scientific investigation by a Department of the
Government does not constitute a work in progress, but must be
appropriated for under authorization of prior law. Volume IV, section
3719.
Continuation of a scientific investigation by a department of the
Government was held not to constitute a work in progress and to be
unauthorized by law. Volume VII, section 1345.
An appropriation to continue the duties of a commission was held not to
be the continuation of a public work. Volume IV, section 3720.
An appropriation for continuing the work of extending the foreign
market of certain products was held not in order as for the
continuation of a public work. Volume IV, section 3722.
An appropriation for the printing of a series of opinions indefinite in
continuance is not for such continuance of a public work as justifies
placing it in a general appropriation bill. Volume IV, section 3718.
Keeping the Congressional Library open additional hours was held not to
be a continuing public work of such tangible nature a to justify
provision on an appropriation bill. Volume IV, section 3598.
An appropriation for free evening lectures in the school buildings of
the District of Columbia was held to be without authorization of law
and not in continuation of the public work of education. Volume IV,
section 3789.
An appropriation for supplying free schoolbooks for the use of pupils
in the District of Columbia was held not to be in continuation of a
work in progress. Volume VII, section 1377.
An appropriation for the support and civilization of a tribe of Indians
was held not to be in continuation of the work of the Indian service.
Volume IV, section 3809.
Unauthorized appropriations for relief of distressed Indians do not
constitute such work in progress as will authorize similar items in
subsequent bills. Volume VII, section 1136.
A proposition to continue an extra compensation for an ordinary
facility for carrying the mails is not the continuation of a public
work. Volume IV, section 3808.
An appropriation to continue representation of the United States at an
adjourned meeting of an international conference was held not to be in
continuance of a public work. Volume VII, section 1135.
The phrase ``public works and objects as are already in progress''
refers to such tangible things as structures, bridges, buildings, etc.,
and not to such intangible matters as investigations, inquiries, etc.
Volume VI, section 1337.
Publication of a monthly periodical is not considered a continuation of
a public work within the meaning of the rule. Volume VII, section 1343.
Where a current law provided an appropriation for furnishing during the
current fiscal year service records of naval personnel, an
appropriation for continuance of that work beyond the year was held not
to be in continuation of a public work. Volume VII, section 1346.
A proposition to transfer Government equipment to a place not
designated was held not to be in order as continuation of a work in
progress. Volume VII, section 1386.
(58) Continuation of Public Works.--General Decisions as to What Are
Not in.
Propositions to create ``necessary and special facilities'' for
transporting the mails on railroads are subject to the point of order
that they involve change of existing law. Volume IV, section 3804.
The number of enlisted men in the Marine Corps being fixed, it was held
not in order to provide for additional ones in an appropriation bill.
Volume IV, section 3585.
APPROPRIATIONS--Continued.
(58) Continuation of Public Works.--General Decisions as to What Are
Not in--Continued.
An appropriation to purchase a site and replace thereon a town in
exchange for one flooded by the reservoir of a Government irrigation
project was held not to be authorized by law. Volume VII, section 1336.
An amendment for an enlargement of a general service of the Government
is not in order under the clause relative to the continuation of a
public work or object. Volume IV, section 3703.
An appropriation for additional playgrounds in the District of
Columbia, not for enlargement of existing playgrounds, was held not to
be in continuation of a work in progress. Volume IV, section 3792.
An appropriation for the purchase of playgrounds for the District of
Columbia was held not to be such a continuation of the work of the
school system as would enable it to be placed in a general
appropriation bill. Volume IV, section 3791.
Question as to appropriations for incidental and contingent expenses in
the consular and diplomatic service. Volume IV, section 3609.
(59) Continuation of Public Works.--As to Maintenance, Operation, etc.
An appropriation for care and operation of Government schools was held
in order as an appropriation for continuance of a public work in
progress. Volume VII, section 1349.
The maintenance of any physical property of the Government is in order
as a continuation of a public work in progress, and express legislative
authorization is unnecessary. Volume VII, section 1369.
The existence of a fort used in the Government service is sufficient
authorization for an appropriation for its protection and preservation.
Volume VII, section 1369.
Appropriations for rent of buildings used in the public service, even
though isolated from the Government establishment with which connected,
are in continuation of a public work and in order on appropriation
bills. Volume VII, section 1371.
An appropriation for appliances necessary for the proper operation of a
target was held to be in continuation of a public work. Volume VII,
section 1374.
An appropriation for maintenance and equipment of public playgrounds in
the District of Columbia was held in order on an appropriation bill as
in continuation of a work in progress. Volume VII, section 1375.
Appropriations for necessary repairs and expenses of playgrounds owned
or maintained by the Government in the District of Columbia are in
order on appropriation bills as continuations of work in progress.
Volume VII, section 1378.
(60) Deficiency and Supplemental.
A deficiency appropriation bill is a general appropriation bill. Volume
VII, section 1123.
Discussion as to what is a ``deficiency'' appropriation. Volume VII,
section 1118.
Decision as to what constitutes a deficiency appropriation. Volume VII,
section 1121.
Appropriations for other purposes than to supply deficiencies are not
in order in a deficiency appropriation bill. Volume VII, sections 1118,
1119.
A bill making supplemental appropriation for emergency construction on
public works is not a general appropriation bill. Volume VII, section
1122.
An additional appropriation for a purpose authorized by law and already
appropriated for was treated as a deficiency appropriation when
submitted by the department and reported by the committee as such.
Volume VII, section 1121.
(61) Estimates for.
The statutes prescribe the method of submission to Congress of
estimates of appropriations for support of the Government. Volume VII,
section 1124.
Only such estimates as are transmitted through channels provided by law
are considered in preparation of the annual supply bills. Volume VII,
section 1124.
APPROPRIATIONS--Continued.
(61) Estimates for--Continued.
The Speaker declines to refer to the Committee on Appropriations
estimates or requests relating to appropriations transmitted through
other than official channels. Volume VII, section 1124.
The rule and the law governing the making up, transmittal, and
reference of estimates for appropriations (footnote). Volume IV,
section 3573.
Estimates of expenses of the Government are to be prepared and
submitted according to the order and arrangement of the appropriation
acts of the year preceding. Volume IV, section 3576.
Estimates of appropriations must be transmitted to Congress through the
Secretary of the Treasury (footnote). Volume IV, section 3575.
The House once passed a resolution requesting the President to cause a
reduction of the Executive estimates to be made. Volume IV, section
3577.
(62) General Appropriation Bills.
Enumeration of the general appropriation bills. Volume IV, sections
3553, 4629. Volume VII, section 1116.
An appropriation bill covering several subjects may fairly be
considered a general appropriation bill within the privilege conferred
by the rule. Volume IV, sections 3566-3568.
An urgent deficiency bill appropriating generally for the various
departments and services of the Government was held to be a general
appropriation bill within the meaning of Rule XXI. Volume IV, sections
3569, 3570.
The statutes prescribe the style of title of all appropriation bill.
Volume IV, section 3367.
A law directs the committees to draft the appropriation bills on the
general order and arrangement of the acts of the preceding year. Volume
IV, section 3576.
Reference to the establishment of the system of specific appropriations
(footnote). Volume IV, section 4032.
For a time a rule provided that the yeas and nays should be taken on
the passage of every general appropriation bill (footnote). Volume V,
section 6011.
For a time a rule provided for a division of the question on the
engrossment of a bill appropriating money (footnote). Volume V, section
6144.
A deficiency appropriation bill is a general appropriation bill. Volume
VII, section 1123.
Bills providing special appropriations for specific purposes are not
general appropriation bills and therefore not privileged. Volume VIII,
section 2285.
A bill making supplemental appropriations for emergency construction on
public works is not a general appropriation bill. Volume VII, section
1122.
(63) Legislation.--Rule and General Principles.
A rule forbids any legislative provision in a general appropriation
bill. Volume IV, section 3578.
A provision changing existing law is not in order in any general
appropriation bill. Volume IV, section 3810.
The House established many years ago the practice of striking out of an
appropriation bill in Committee of the Whole such portions as contained
legislation. Volume IV, section 3811.
The river and harbor bill not being one of the general appropriation
bills, the rule relating to legislation on such bills does not apply to
it. Volume IV, sections 3897-3903.
The Committee on Appropriations is authorized to report in an
appropriation bill any legislative proposition in order on such bill
under the rules. Volume VII, section 1510.
The simple increase of an appropriation over the amount carried for the
same purpose in a former bill does not constitute a change of law.
Volume IV, section 3586.
A limit of cost on a public work may not be made or charged on an
appropriation bill. Volume IV, sections 3865-3867.
APPROPRIATIONS--Continued.
(63) Legislation.--Rule and General Principles--Continued.
It is not in order on a general appropriation bill to establish a limit
of cost on a public building. Volume IV, section 3761.
It is not in order on a general appropriation bill to increase the
limit of cost established by law for a public work. Volume IV, section
3581.
The creation of an investigating committee to examine a Department of
the Government was held not to be in order on an appropriation bill.
Volume IV, sections 3820, 3821.
The enactment of positive law where none exists is construed as a
``provision changing existing law'' such as is forbidden in an
appropriation bill. Volume IV, sections 3812, 3813.
The reenactment from year to year of a law intended to apply during the
year of its enactment only does not relieve the provision from the
point of order. Volume IV, section 3822.
Provision that an appropriation to be administered ``in conformity
with'' an act is not subject to the point of order hat it is in
violation of such act. Volume VII, section 1131.
The fact that an item has been carried in appropriation bills for many
years does not exempt it from a point of order. Volume VII, section
1445.
An amendment to the description of the object for which an
appropriation is made is not legislation. Volume IV, section 3864.
Bills taken up for consideration from the discharge calender are not
subject to the prohibition provided by section 2 of Rule XXI
interdicting consideration of appropriations not reported by the
Committee on Appropriations. Volume VII, section 1019a.
A proviso that an appropriation for repair of a building not within the
jurisdiction of the Superintendent of the Capitol Building and Grounds
should be expended under his direction was held to propose legislation.
Volume VII, section 1370.
A provision conferring additional authority upon an official of the
Government is legislation and is not in order on an appropriation bill.
Volume VII, section 1629.
Legislation unobjected to and admitted on general appropriation bills
may authorize appropriations in future bills. Volume VII, section 1269.
A motion to recommit may not include instructions proposing legislation
in a general appropriation bill. Volume VIII, section 2701.
The fact that a provision has been carried in appropriation bills for
many years does not exempt it from a point of order if otherwise
unauthorized. Volume VII, section 1656.
A statute appropriating annually a sum for a stated purpose without
limitations upon the amount to be so appropriated in the future is not
legislation and a paragraph in an appropriation bill increasing the
amount, was held not to change existing law. Volume VII, section 1410.
(64) Legislation.--Repealing, Reenacting, Amending, or Construing
Existing Law.
A paragraph in an appropriation bill reenacting verbatim an existing
law is not subject to a point of order. Volume IV, sections 3814, 3815.
Volume VII, section 1409.
A paragraph in an appropriation bill reenacting a permanent provision
of law may not be amended. Volume IV, section 3816.
An existing law being repeated verbatim in an appropriation bill, the
slightest change, as substituting ``may'' for ``shall,'' is out of
order. Volume IV, section 3817.
In proposing reenactment of an existing law the slightest deviation is
out of order. Volume VII, section 1394.
A provision purporting to reenact existing law, unless couched in the
exact phraseology of the statute proposed to be reenacted, is
legislation. Volume VII, section 1391.
While reenactment of law is not subject to a point of order, a
provision for observing a statute which has been superseded by
subsequent enactments is legislation and is not in order on an
appropriation bill. Volume VII, section 1392.
Instance wherein the Committee of the Whole struck out a paragraph for
the reenactment of a provision already permanent law. Volume IV,
section 3818.
APPROPRIATIONS--Continued.
(64) Legislation.--Repealing, Reenacting, Amending, or Construing
Existing Law--Continued.
A provision proposing to construe existing law is in itself a
proposition of legislation and therefore not in order on an
appropriation bill as a limitation. Volume IV, sections 3936-3938.
Volume VII, section 1395.
A proposition which would in effect change a rule of the House was held
to be a change of existing law and not in order on an appropriation
bill. Volume IV, section 3819.
A proposition to repeal law is legislation and is not in order in an
appropriation bill. Volume VII, section 1403.
Where the law directed the award of contracts to the lowest bidder an
amendment proposing to award contracts to the two lowest bidders was
ruled out of order. Volume VII, section 1473.
The law authorizing the Secretary of Agriculture to sell seed for cash,
a proposition authorizing him to sell for credit was held to be
legislation. Volume VII, section 1439.
A provision extending the operation of a statute beyond a limit of time
provided by law is legislation and is subject to a point of order.
Volume VII, section 1402.
An amendment providing that purchase be in conformity with a section of
the Revised Statutes circumscribed by later enactments was held to
change existing law. Volume VII, section 1393.
(65) Legislation.--May be Authorized by Special Order, etc.
The House sometimes by agreeing to a resolution reported by the
Committee on Rules authorizes on a general appropriation bill
legislative provisions. Volume IV, sections 3839-3843.
Forms of special orders authorizing legislative provisions on general
appropriation bills. Volume IV, sections 3260-3263.
Pending the engrossment of a general appropriation bill an amendment
proposing legislation may be authorized by the adoption of a report
from the Committee on Rules. Volume IV, section 3844.
Instance wherein, on a motion to suspend the rules, the House ordered
the Clerk to incorporate in the engrossment of a general appropriation
bill already passed a provision embodying legislation. Volume IV,
section 3845.
Form of special order authorizing the consideration of an amendment to
a general appropriation bill. Volume VII, section 844.
Form of resolution making in order proposed amendments to a general
appropriation bill otherwise not germane and not previously authorized
by law. Volume VII, section 845.
A special order having been agreed to providing for consideration of a
paragraph proposing legislation on an appropriation bill, germane
amendments were held in order but amendments proposing additional
legislation were not admitted. Volume VII, section 1397.
(66) Legislation.--Perfecting by Amendment.
A paragraph which proposes legislation in a general appropriation bill
being permitted to remain, it may be perfected by any germane
amendment. Volume IV, sections 3823-3835.
A paragraph in an appropriation bill changing existing law may be
perfected only by germane amendments. Volume IV, section 3838.
Where a paragraph which changes existing law has been by general
consent allowed to remain, it may be perfected by any germane
amendment. Volume V, section 5805. Volume VII, sections 1405, 1413,
1414, 1415, 1416.
In an appropriation bill a paragraph embodying legislation may be
perfected by a germane amendment, but this does not permit an amendment
which adds additional legislation. Volume IV, sections 3836, 3837,
3862.
A paragraph changing existing law, being permitted to remain by general
consent, may be perfected by germane amendments which do not provide
additional legislation. Volume VII, sections 1420, 1425, 1431, 1435,
1600.
APPROPRIATIONS--Continued.
(66) Legislation.--Perfecting by Amendment--Continued.
A paragraph in an appropriation bill reenacting a provision of existing
law properly limiting an appropriation previously made for the same
purpose is not subject to a point of order; therefore germane
amendments to such paragraphs which do not propose additional
legislation are in order. Volume VIII, section 1393.
A paragraph proposing legislation but permitted to remain in an
appropriation bill may be perfected by germane amendments, but an
amendment providing additional legislation is not in order. Volume VII,
section 1688.
(67) Legislation.--Limits of Cost and Contractual Authority.
A limit of cost on a public work may not be made or changed on an
appropriation bill. Volume IV, sections 3865-3867. Volume VII, sections
1446, 1472.
It is not in order on a general appropriation bill to establish a limit
of cost on a public building. Volume IV, section 3761.
It is not in order on a general appropriation bill to increase the
limit of cost established by law for a public work. Volume IV, section
3581.
The mere appropriation of a sum ``to complete'' a work does not fix a
limit of cost to exclude future appropriations for a public building on
a general appropriation bill. Volume IV, section 3761.
A proposition to authorize a contract for future expenditures on public
works was held to propose legislation. Volume IV, sections 3868-3870.
A statute authorizes changes in the limit of cost of public buildings
in accordance with estimates submitted by the Bureau of the Budget.
Volume VII, section 1450.
An appropriation for a public building in excess of the limit of cost
fixed by law is not in order on an appropriation bill. Volume VII,
section 1133.
While a proposition to change a limit of cost is legislation, any
provision of cost within that limit is not subject to that point of
order. Volume VII, section 1448.
Provision in an appropriation bill limiting cost of a public work,
though expiring at the end of the fiscal year, is nevertheless current
law, and a proposition to increase the limit so provided is
legislation. Volume VII, section 1449.
An appropriation for completion of a project previously authorized by
law without limitation of cost was admitted as in continuation of a
work. Volume VII, section 1388.
An appropriation to continue a project authorized by existing law
without limitation of cost was held in order on an appropriation bill.
Volume VII, section 1335.
(68) Legislation.--Changes in Organization of Agencies.
Under the present rule a proposition to regulate the public service, as
by transfer of a portion of it from one Department to another, may not
be included in an appropriation bill. Volume IV, section 3872, 3873.
An amendment proposing a reorganization of the Agricultural Department
was ruled out of order on the agricultural appropriation bill. Volume
IV, section 3876.
An amendment proposing a change in the organization of the Navy
Department was ruled out of order on the naval appropriation bill.
Volume IV, section 3875.
A paragraph providing for a new department in the District government
was held to involve legislation. Volume IV, section 3874.
Provision for an authorized service must be made in the exact
terminology of the authorizing statute and the change of a single term
in descriptive terminology is subject to a point of order. Volume VII,
section 1464.
A paragraph establishing authorized strength of Marine Corps was held
to involve legislation. Volume VII, section 1462.
(69) Legislation.--Public Service in General.
Provisions as to the method of doing a work have been held to involve
legislation, even though the work itself might be authorized. Volume
IV, section 3708.
APPROPRIATIONS--Continued.
(69) Legislation.--Public Service in General--Continued.
A proposition that certain specified amounts to be severally
appropriated for certain specified objects should be to a limited
extent interchangeable among those several objects was held to be in
order. Volume IV, section 3884.
By an exceptional ruling a legislative provision increasing the
enlisted force of the Navy was admitted on an appropriation bill
(footnote). Volume IV, section 3723.
In appropriating for a bridge it is not in order by provisos to
determine conditions of future use of it. Volume IV, section 3893.
A proposition that payments for interest and sinking fund for the debt
of the District of Columbia should be paid out of the revenues of the
District was held to be a change of law and not in order on an
appropriation bill. Volume IV, section 3883.
The Committee of the Whole, overruling its Chairman, decided that a
provision for the purchase and distribution of rare and valuable seeds
was in order on the agricultural appropriation bill. Volume IV, section
3895.
The creation of an investigating committee to examine a Department of
the Government was held not to be in order on an appropriation bill.
Volume IV, sections 3820, 3821.
A provision for the appointment of a commission to consider the
proposed establishment of a naval training station is new legislation.
Volume IV, section 3894.
A paragraph constituting a commission to make plans for the
reconstruction of buildings at a public institution and suspending a
law authorizing a partial construction was held to be a change of law.
Volume IV, section 3879.
While an appropriation to enable the Secretary of Agriculture to make
certain investigations is authorized on the agricultural appropriation
bill, it is not in order to require cooperation of State experiment
stations therein. Volume IV, section 3650.
A proposition to continue the gauging of streams was held not to be
authorized by the legislation creating the Geological Survey. Volume
IV, sections 3714, 3715.
A proposition to investigate coal, etc., the property of the United
States, and this only, was held to be authorized by the law creating
the Geological Survey. Volume IV, section 3731.
Provision for transfer to the Bureau of Mines of funds for scientific
investigations from departments unable to handle such investigations
was held not to constitute legislation. Volume vII, section 1470.
A proposition to transfer funds from one department of the Government
to another for purposes authorized by law was held not to involve
legislation and to be in order in an appropriation bill. Volume VII,
section 1470.
A proposition to regulate the public service by transferring funds and
activities from one department to another is not in order in an
appropriation bill. Volume VII, section 1469.
A proviso that an appropriation for repair of a building not within the
jurisdiction of the Superintendent of the Capitol Building and Grounds
should be expended under his direction was held to propose legislation.
Volume VII, section 1370.
(70) Legislation.--Offices and Salaries.
Where a Government agency was required by law to fix salaries in
accordance with the classification act, a proposal under which it would
be possible to fix salaries in excess of the maximum provided by the
classification act was held to constitute legislation. Volume VIII,
section 3435.
Propositions to increase salaries fixed by law or appropriate for
offices not established by law are subject to a point of order. Volume
IV, sections 3664-3667.
A proposition to increase the number of employees fixed by law was held
to be legislation. Volume VII, section 1456.
The House having passed a resolution from the Committee on Accounts
authorizing payments to certain employees, an amendment to effect this
purpose was held in order on an appropriation bill. Volume IV, sections
3657, 3658.
APPROPRIATIONS--Continued.
(70) Legislation.--Offices and Salaries--Continued.
The House in appropriating for an employee may not go beyond the terms
of the resolution creating the office. Volume IV, section 3659.
Where the law fixes the amount of a salary a proposition to increase
the amount is not in order on an appropriation bill. Volume IV,
sections 3676-3679.
The appropriation of a less sum that the amount fixed by law for a
salary is not a change of law, even though a legislative provision in
another portion of the bill may give it the practical effect of a
reduction of the salary. Volume IV, sections 3681-3685.
A motion to strike from an appropriation bill a provision for a salary
authorized and fixed by law is not subject to the objection that it
proposes legislation. Volume IV, section 3699.
A provision making conditions as to the rate of compensation of certain
employees appropriated for on an appropriation bill was held to be
legislation. Volume IV, section 3871.
An amendment changing the compensation received by Government employees
under the law was held not in order on the Post-Office appropriation
bill. Volume IV, section 3881.
A change of the amount of compensation received by government employees
under the law was held to be legislation. Volume VII, sections 1455,
1458.
An amendment permitting a change in the manner of appointment of clerks
provided for in an appropriation bill was held to be legislation.
Volume IV, section 3880.
A specific appropriation for designated officials of an exposition at
stated salaries, there being no prior legislation establishing such
positions or salaries, was held out of order, although a general
appropriation for the exposition was authorized by law. Volume IV,
section 3878.
A provision that an appropriation be not available for increased pay of
an officer under circumstances under which increase in pay was provided
by law was held to be legislation and not limitation. Volume VII,
section 1587.
Transfer of employee from lump-sum to statutory roll is not
legislation, but creation of new statutory position or increase in
salary in making such transfer is subject to point of order. Volume
VII, section 1460.
An amendment authorizing the President to employ an emergency fund in
payment for personal services in the District of Columbia was held to
be a change of existing law. Volume VII, section 1457.
Specific provision for office and salary formerly provided under lump-
sum appropriation is not subject to a point of order. Volume VII,
section 1453.
A law fixing amount of salary is not repealed by a provision in an
appropriation bill that amounts therein appropriated shall be ``in full
compensation for services for the fiscal year.'' Volume VII, section
1406.
(71) Legislation.--Interference With Executive Discretion, and Imposing
New Duties.
A proposition to establish affirmative directions for an executive
officer constitutes legislation and is not in order on a general
appropriation bill. Volume IV, sections 3854-3859. Volume VII, section
1442.
Although a law may give an executive officer authority to do a certain
thing, a provision directing him so to do is legislative in nature and
not in order on a general appropriation bill. Volume IV, section 3853.
A proposition directly taking away from a Department officer an
authority conferred by law is not in order on a general appropriation
bill, being in the nature of legislation. Volume IV, sections 3846,
3847.
The law providing that the Secretary of the Navy should name battle
ships, a proposition to name one in an appropriation bill was held to
be legislation. Volume IV, section 3862.
A requirement that the Secretary of the navy should have certain new
vessels constructed in navy-yards was held to be legislation and not a
limitation. Volume IV, section 3863.
APPROPRIATIONS--Continued.
(71) Legislation.--Interference With Executive Discretion, and Imposing
New Duties--Continued.
A direction to the Secretary of the Navy to appoint a commission to
consider the proposed establishment of a dry dock was held to be
legislation and not in order on an appropriation bill. Volume IV,
section 3877.
While the appropriation of a lump sum for a general purpose authorized
by law is in order, a specific appropriation for a particular item
included in such general purpose is a limitation on the discretion of
the executive charged with allotment of the lump sum and is not in
order on an appropriation bill. Volume IV, sections 3860, 3661. Volume
VII, section 1452.
A provision limiting discretion exercised under law by an executive is
construed as legislation. Volume IV, section 240. Volume VII, section
1452.
A provision for compliance with a statutory requirement but including
limitations upon Executive discretion was held to involve legislation
and not to be in order on an appropriation bill. Volume VII, section
1343.
Requirement that the Secretary of the Interior should provide for
Eskimo support and education ``through the Bureau of Indian Affairs''
was held to interfere with executive authority and to constitute
legislation. Volume VI, section 240.
A provision prescribing method of appointing instructors in Army
schools constitutes legislation and is not in order on an appropriation
bill. Volume VII, section 1281.
An authorization which under its terms may be ignored by the executive
upon whom conferred does not interfere with official discretion and is
not legislation, but a proposition to substitute ``shall'' for ``may''
in a statute conferring executive discretion is a change of law and is
not in order on an appropriation bill. Volume VII, section 1441.
Provision that an appropriation be expended for such purposes as an
executive may deem proper was held to constitute legislation, but a
provision that it should be disbursed on the approval of the executive
was held to be a limitation and in order on an appropriation bill.
Volume VII, section 1461.
A limitation embodying an affirmative authorization is not in order on
a general appropriation bill. Volume VII, section 1603.
Provisions including affirmative directions and imposing new duties are
in the nature of legislation and are not in order on a general
appropriation bill. Volume VII, section 1443.
Requirement that an executive make allotments from a lump sum
appropriation, and a requirement that he report such allotments, were
alike construed as limitations upon official discretion, and held to
involve changes of law. Volume VII, section 1442.
A provision conferring additional authority upon an official of the
Government is legislation and is not in order on an appropriation bill.
Volume VII, section 1629.
A provision limiting discretion vested in an executive officer is
legislation and is not in order on an appropriation bill. Volume VII,
section 1438.
A proposition to define and establish the duties of Government
employees was held in involved legislation. Volume VII, section 1656.
(72) Legislation.--General Decisions as to What Constitutes.
Provision that an appropriation should not be available until the
States and Territories contributed equal sums was ruled out of order on
an appropriation bill. Volume VII, section 1172.
An amendment authorizing payment of telegraph tolls from the contingent
fund was held to constitute legislation. Volume VII, section 1412.
A proposition to authorize the construction of vessels for the Navy was
held to involve legislation. Volume VII, section 1440.
A provision that money appropriated for prohibition enforcement be
expended in the several States in proportion to population was held to
constitute legislation. Volume VII, section 1443.
APPROPRIATIONS--Continued.
(72) Legislation.--General Decisions as to What Constitutes--Continued.
Overruling an interpretation formerly observed, it was held that a
proposition to make payments for interest and sinking fund from the
revenues of the District and the Federal Treasury jointly was a change
of law and not in order on an appropriation bill. Volume VII, section
1454.
Creation of a commission to investigate advisability of continuing a
service formerly authorized but discontinued on expiration of statutory
authorization does not authorize appropriation for continuance of the
service, and an amendment providing for such appropriation is
legislation. Volume VII, section 1459.
A paragraph establishing authorized strength of Marine Corps was held
to involve legislkation. Volume VII, section 1462.
A proposition to print Government publications outside the Government
Printing Office as held to be a change of law. Volume VII, section
1465.
A proposition to make an appropriation payable from funds already
appropriated was held not to be in order on an appropriation bill.
Volume VII, section 1466.
An affirmative provision governing contracts to be made for
transmission of mail by pneumatic tubes was held to be legislation.
Volume VII, section 1472.
A provision prescribing qualifications available only through enactment
of additional legislation was held not to be in order on an
appropriation bill. Volume VII, section 1478.
A provision for the purchase and distribution of seeds was held to be
legislation and not in order on an appropriation bill. Volume VII,
section 1479.
Dicta in contravention of an established ruling, holding that a
legislative provision increasing the enlisted forced of the Navy is not
in order on an appropriation bill. Volume VII, section 1541.
(73) Legislation.--General Decisions as to Language Held Not Involving
Legislation.
A statute appropriating annually a sum for a stated purpose without
limitation upon the amount to be so appropriated in the future is not
legislation and a paragraph in an appropriation bill increasing the
amount, was held not to change existing law. Volume VII, section 1410.
An amendment striking from a paragraph a provision for the observance
of an existing statute was held not to involve a change of law. Volume
VII, section 1411.
An amendment descriptive of the object for which an appropriation is
made is not legislation. Volume VII, section 1445.
While a proposition to create a commission is legislation, a provision
involving appointment of a commission already authorized by law was
held to be in order. Volume VII, section 1448.
A paragraph fixing temporarily the enlisted strength of the Marine
Corps and making appropriation for its support was held not to involve
legislation. Volume VII, section 1463.
A proposition to transfer a sum previously appropriated from one
subhead to another in the same enactment was held not to constitute
legislation. Volume VII, section 1468.
A proposition to transfer funds from one department of the Government
to another for purposes authorized by law was held not to involve
legislation and to be in order in an appropriation bill. Volume VII,
section 1470.
An appropriation for helium to be transferred to the Bureau of Mines
supplying the gas was held to be in order in the naval appropriation
bill. Volume VII, section 1471.
The mere increase of the amount carried by an appropriation bill is not
legislation. Volume VII, section 1475.
An amendment proposing to defer disbursements from an appropriation
until a departmental regulation has been enforced does not involve
legislation and is in order as a limitation on an appropriation bill
Volume VII, section 1581.
A provision prescribing method of appointing instructors in Army
schools constitutes legislation and is not in order on an appropriation
bill. Volume VII, section 1281.
APPROPRIATIONS--Continued.
(73) Legislation.--General Decisions as to Language Held Not Involving
Legislation--Continued.
A proposition for the construction of a public bathing beach in the
District of Columbia was ruled out of order as proposing legislation,
but an appropriation to provide bathing facilities in a public park in
the District was held to be in order as a continuation of work in
progress. Volume VII, section 1390.
(74) Legislation.--Senate Amendments Proposing.
The principle seems to be generally accepted that the House proposing
legislation on a general appropriation bill should recede if the other
House persist in its objection. Volume IV, sections 3906-3908.
It was very early insisted on as a principle that where one House
proposes to an appropriation bill an amendment firmly resisted by the
other the proposing House should recede. Volume IV, section 3905.
In 1898, a Senate committee reported against a proposition to add to a
general appropriation bill legislation on an important public question,
holding it not proper to attempt thus to coerce the House of
Representatives. Volume IV, section 3904.
Instance of the loss of an appropriation bill through adherence of both
Houses to their attitudes of disagreement over a section containing
legislation. Volume V, section 6325.
Propositions for the prevention of legislation in Senate amendments
(footnote). Volume IV, section 3904.
Where a Senate amendment proposes on a general appropriation bill an
expenditure not authorized by law or legislation it is in order in the
House to perfect it by germane amendments. Volume IV, sections 3913-
3916.
A proposition germane but involving legislation has sometimes been
admitted as an amendment to a Senate amendment to an appropriation bill
and sometimes ruled out. Volume IV, sections 3909-3912.
Senate amendments proposing legislation or unauthorized appropriations
on general appropriation bills, or appropriations on other bills, must,
with certain exceptions, be severally submitted to the House. Volume
VII, section 1571.
Under the practice, it is customary for conferees to bring in a
conference report on items agreed upon and report disagreement on all
amendments coming within the rule and, the conference report having
been agreed to, amendments in disagreement are then voted upon
separately. Volume VII, section 1572.
Senate amendments interdicted by clause 2, Rule XXI, are not subject to
a point of order under the rule providing for a separate vote on such
amendments when considered in the House, as the rule applies to
conferees and their reports only. Volume VII, section 1572.
A Senate amendment to an appropriation bill which does not propose
legislation is not subject to amendments proposing legislation. Volume
VII, section 1480.
Unanimous consent to take from the Speaker's table and send to
conference a bill with Senate amendments does not waive the provisions
of the rule requiring separate vote in the House on certain Senate
amendments to appropriation bills. Volume VII, section 1574.
A conference report agreeing to Senate amendments falling within the
rule, and on which the House has been given no opportunity to vote, is
subject to a point of order, and a point of order sustained against any
such item invalidates the entire report. Volume VII, section 1574.
Instance wherein the rule requiring separate vote on Senate amendments
to appropriation bills was waived by unanimous consent and conferees
were authorized to agree to such amendments in conference. Volume VII,
section 1575.
A special order authorizing managers as provided by section 2 of Rule
XX to agree to a Senate amendment making appropriations, precludes the
point of order that the House has not voted separately on a new
appropriation in such amendment. Volume VII, section 768.
Managers on the part of the House may be authorized by resolution
reported from the Committee on Rules to agree to Senate amendments
carrying appropriations on a bill not originating as an appropriation
bill in the House. Volume VII, section 1577.
APPROPRIATIONS--Continued.
(74) Legislation.--Senate Amendments Proposing--Continued.
A point of order will not lie against a Senate amendment providing an
appropriation on a House bill at the time request is made to take the
bill from the Speaker's table and sent it to conference for the reason
that the bill is not then under consideration. Volume VII, section
1576.
A Senate amendment extending the jurisdiction of a commission in the
expenditure of money already appropriated was held not to come within
the provisions of the rule requiring a separate vote by the House.
Volume VII, section 1578.
General appropriation bills with Senate amendments report back to the
House from the Committee on Appropriations are privileged and are
subject to motions authorized by the Committee. Volume VIII, section
3187.
(75) Legislation, Retrenchment (Holman Rule).--The Rule and Its
Interpretation.
A rule forbids any legislative provision in a general appropriation
bill except such as being germane retrenches expenditures. Volume VII,
section 1125.
To come within the exception under which legislation is in order on an
appropriation bill, an amendment must be germane, must retrench
expenditure, and the language in which it is embodied must be essential
to the accomplishment of the retrenchment. Volume VII, section 1483.
Discussion of effect upon the Holman rule of concentrating jurisdiction
over appropriations in one committee. Volume VII, section 1664.
The rule admitting on general appropriation bills legislative
provisions reducing expenditures should be liberally construed in the
interest of retrenchment. Volume VII, section 1491.
The Holman rule is to be construed liberally and any question of doubt
is properly revolved in favor of an interpretation contributing to
retrenchment. Volume VII, section 1505.
Opinion that the rule should be strictly construed in order to avoid
admission of ineligible legislative riders under guise of retrenchment
on general appropriation bills. Volume VII, section 1510.
The Committee on Appropriations, while without general jurisdiction to
report legislation, may under the Holman rule propose germane
legislation retrenching expenditure. Volume VII, section 1505.
The Committee on Appropriations is authorized to report in an
appropriation bill any legislation proposition in order on such bill
under the rules. Volume VII, section 1510.
Unlike a provision admitted as a limitation, language admitted under
the Holman rule is not restricted in its application to the pending
bill but may provide permanent law. Volume VII, section 1511.
Discussion as to distinction between application of the Holman rule and
a simple limitation. Volume VII, section 1525.
A Member may offer in his individual capacity any germane amendment
providing legislation on an appropriation bill if it retrenches
expenditures in any one of the three methods provided by the rule.
Volume VII, section 1566.
The proviso of the Holman rule is supplemental to and extends rather
than restricts the scope and operation of the rule, and while the
Committee on Appropriations is not a legislative committee, it has the
same privilege of reporting legislation on an appropriation bill
retrenching expenditure as that accorded Members on the floor to
propose amendments reducing expenditures in one or more of the three
methods provided in the rule. Volume VII, section 1567.
By retrenchment of expenditures is meant reduction in amounts taken
from the Federal Treasury. Volume VII, section 1502.
The true criterion is whether the necessary effort of the proposal,
operating of its own force, will be a retrenchment of expenditures in
one of the three ways indicated by the rule. Volume VII, section 1490.
APPROPRIATIONS--Continued.
(75) Legislation, Retrenchment (Holman Rule).--The Rule and Its
Interpretation--Continued.
The rule admitting on general appropriation bills legislative
provisions reducing expenditures should be liberally construed in the
interest of retrenchment. Volume VII, section 1490.
The rule admitting legislation to a general appropriation bill when
germane and effecting retrenchment of expenditures applies to general
appropriation bills only. Volume VII, section 1482.
An exception to the rule forbidding legislation in a general
appropriation bill admits germane legislation retrenching expenditures.
Volume VII, section 1481.
In deciding a question of order raised against a legislative
proposition offered on an appropriation bill, the Chairman may not take
into consideration opinions by officials or others as to whether it
will bring about a retrenchment of expenditures, and unless the
proposal shows on its face a positive and definite reduction of
expenditures, the point of order will be sustained. Volume VII, section
1544.
The old form of rule which admitted on appropriation bills legislation
intended to retrench expenditures. Volume IV, section 3578.
Under the former rule admitting legislation on appropriation bills, if
it were germane and retrenched expenditures, questions used to arise
over propositions to regulate the public service. Volume IV, sections
3885-3888.
Interpretations of the former rule which admitted legislation to a
general appropriation bill when germane and affecting retrenchment of
expenditures. Volume IV, sections 3889-3891.
Instance of introduction of amendments carrying legislation under the
old ``rider'' rule. Volume IV, section 3892.
A ruling in which are discussed the principles of the former rule
admitting to appropriation bills legislative provisions reducing
expenditures. Volume IV, section 3927.
(76) Legislation, Retrenchment (Holman Rule).--Must Show Retrenchment
on Its Face.
To invoke the Holman rule, a proposition must show on its face an
indubitable retrenchment of expenditure, and a proposal to levy an
assessment on farm-loan banks to reimburse the Government for
expenditures incurred in their behalf was held not to comply with this
requirement. Volume VII, section 1565.
To fall within the exception to the rule forbidding legislation on an
appropriation bill, a proposition must show on its face a definite and
positive retrenchment of expenditures. Volume VII, section 1545.
In order to comply with the requirements of the Holman rule a
proposition must on its face provide for a retrenchment with clearness
and certainty and provision for additional revenue to be paid into the
Treasury does not necessarily provide for a reduction of expenditures.
Volume VII, section 1543.
Unless an amendment proposes legislation which will retrench
expenditure with definite certainty, it is not in order under the
Holman rule. Volume VII, section 1538.
The reduction of expenditure relied upon to bring a proposition within
the exception to the rule prohibiting legislation on an appropriation
bill must appear as a certain and necessary result and not as a
probable or possible contingency. Volume VII, section 1530.
It is not sufficient that proposed legislation on an appropriation bill
will probably reduce expenditure, but such reduction must appear as a
necessary and inevitable result in order to admit it under the rule.
Volume VII, section 1540.
A retrenchment of expenditure relied upon to bring a proposition within
the exception to the rule prohibiting legislation on an appropriation
bill must be apparent from its terms and a retrenchment conjectural or
speculative in its application, or requiring further legislation to
effectuate, is not admissible. Volume VII, section 1527.
APPROPRIATIONS--Continued.
(76) Legislation, Retrenchment (Holman Rule).--Must Show Retrenchment
on Its Face--Continued.
A paragraph which did not directly reduce expenditure but which
unmistakably contributed to that end was held to retrench expenditures
and to be in order on an appropriation bill under the exception to the
rule. Volume VII, section 1489.
If the obvious effect of an amendment is to reduce expenditures, it is
not necessary that it provide for such reduction in definite terms and
amount in order to come within the exception. Volume VII, section 1490.
In passing upon the admissibility of an amendment under the Holman rule
the Chair must determine from the terms of the amendment whether it
would effect a reduction in expenditures. Volume VII, section 1566.
In construing a legislative proposition purporting to reduce
expenditures, it is not within the province of the Chair to speculate
upon contingencies which might arise in the future to cause an increase
rather than a decrease, and if a reduction is apparent on the face of
the proposition it is in order. Volume VII, section 1541.
In construing the Holman rule the Chair may not speculate or surmise as
to whether a particular provision might or might not operate to
retrench expenditure. Volume VII, section 1542.
While the Chair in passing upon a point of order may not speculate as
to the effect of legislation, he is authorized to take judicial
cognizance of statutory law. Volume VII, section 1535.
To come within the exception to the rule prohibiting legislation on an
appropriation bill, an amendment must show on its face a retrenchment
of expenditure, and the Chairman in construing such amendment may not
surmise as to its possible or probable effect. Volume VII, section
1537.
Though the Chairman may be personally convinced that a legislative
proposal provides for retrenchment of expenditures, unless such
retrenchment appears as a necessary and inevitable result of its
operation, he may not hold it in order on an appropriation bill. Volume
VII, section 1534.
Legislation proposed on an appropriation bill must indicate by its
terms an unqualified reduction of expenditures to fall within the
exception to the rule. Volume VII, section 1542.
In determining whether a proposition involves retrenchment of
expenditures it is competent to take into consideration not only the
pending paragraph or amendment but also the entire bill as well as
current law and the parliamentary procedure of the House. Volume VII,
section 1490.
If the obvious effect of an amendment is to reduce expenditures, it is
not necessary that it provide for such reduction in definite terms and
amount in order to come within the exception. Volume VII, section 1491.
(77) Legislation, Retrenchment (Holman Rule).--What Constitutes
Retrenchment Under.
An amendment providing for 10 Cavalry regiments when the existing law
provided for 15 was held to retrench expenditures within the provision
of the rule, although the exact amount of the reduction could not be
accurately determined. Volume VII, section 1491.
A proposal to replace civilian employees with enlisted men of the Army
was held to present a concrete comparison of civil-service salaries
with Army pay and to effect a manifest retrenchment of expenditures.
Volume VII, section 1492.
A cessation of Government activities was held to involve a retrenchment
of expenditures. Volume VII, section 1493.
An amendment substituting for a percentage contributed to the District
of Columbia a lump sum amounting to less than the aggregate of such
percentage was held to be in order as a retrenchment of expenditures.
Volume VII, section 1502.
An amendment reducing the proportional part contributed by the
Government to the expenses of the government of the District of
Columbia paid jointly from District revenues and the Federal Treasury
was held to reduce the amount paid out of the Treasury and to be in
order on an appropriation bill. Volume VII, section 1519.
APPROPRIATIONS--Continued.
(77) Legislation, Retrenchment (Holman Rule).--What Constitutes
Retrenchment Under.--Continued.
An amendment reducing the proportion of the fund appropriated from the
Federal Treasury for the government of the District of Columbia from
one-half to one-fourth was held to be in order as a reduction or
retrenchment of expenditure. Volume VII, section 1518.
An amendment prohibiting appointment of new teachers and directing that
vacancies in certain grades be filled with teachers from other grades
was held to retrench expenditures. Volume VII, section 1517.
An amendment prohibiting payment of fees to officials under certain
contingencies was held to retrench expenditures and to come within the
exception to the rule against admission of legislation on appropriation
bills. Volume VII, section 1515.
A proposition to discontinue payment of pensions to a specified class
of pensioners is patently a proposition to reduce expenditures. Volume
VII, section 1487.
An amendment discontinuing the Federal Farm Board and transferring its
functions to the Secretary of Agriculture was held to be in order under
the exceptions admitting legislation on an appropriation bill. Volume
VII, section 1508.
By exceptional rulings, amendments to appropriation bills repealing
existing law have been held in order as retrenchments of expenditure.
Volume VII, section 1552.
A proposal to limit the number of Army officers paid from an
appropriation made for that purpose to a smaller number than that
authorized by law, and to recommission officers in lower grades than
those occupied at the time, was held to come within the exceptions
provided by the rule. Volume VII, section 1510.
An instance of the method of admitting legislation to an appropriation
bill under the old rule permitting retrenchment legislation. Volume IV,
section 3602.
(78) Legislation, Retrenchment (Holman Rule).--Not Retrenching
Expenditure Under.
An amendment establishing a minimum rate of compensation was held not
to provide for a reduction of expenditures. Volume VII, section 1484.
That the extent to which a proposal would reduce expenditures, if at
all, as a subject of debate, was held not to be ground for sustaining a
point of order. Volume VII, section 1490.
A prohibition against the expenditure of any portion of an
appropriation for the purchase of land was held not to retrench
expenditure under any of the three methods provided by the rule. Volume
VII, section 1495.
The sale of Government property, even where proceeds of such sale are
to be applied to maintenance of governmental activities, thereby
reducing appropriations required for that purpose, was held not to
effect a retrenchment of expenditures. Volume VII, section 1497.
Authorization to an executive to reduce expenditures within his
discretion is not in order as a limitation, nor does it come within the
Holman rule. Volume VII, section 1717.
An amendment providing for a reapportionment reducing the membership of
the House was held not to be in order under the Holman rule. Volume
VII, section 15170.
A provision requiring clerks in the classified service to work an
increased number of hours was held not to be in order under the
exception to the rule prohibiting legislation on an appropriation bill.
Volume VII, section 1566.
An amendment proposing coinage of bullion into silver dollars, the cost
to be paid from seigniorage, offered to an item in an appropriation
bill providing for recoinage of uncurrent fractional silver, was held
not to be in order under the Holman rule because not germane and not
retrenching expenditure, the seiniorage being the property of the
Government. Volume VII, section 1547.
APPROPRIATIONS--Continued.
(78) Legislation, Retrenchment (Holman Rule).--Not Retrenching
Expenditure Under--Continued.
The grant of executive discretion to effect a reduction of expenditure,
without mandatory direction, does not bring a proposition within the
exception to the rule prohibiting legislation on an appropriation bill
Volume VII, section 1540.
The payment from a fund already appropriated of a sum which otherwise
would be charged against the Treasury was held not to be a retrenchment
of expenditure. Volume VII, section 1466.
The transfer of equipment, service, or material from one department to
another was ruled not to accomplish a retrenchment of expenditure.
Volume VII, section 1494.
Provision that no alteration be made in certain Army regulations unless
accomplished without expense to the Government was held not to retrench
expenditure with sufficient certainty to come within the exception.
Volume VII, section 1490.
(79) Legislation, Retrenchment (Holman Rule).--Reduction in Number and
Salary of Officers.
While the proposition to establish a minimum salary does not provide
for retrenchment of expenditures, a proposal to fix a maximum salary
below that authorized by law effects a reduction of salary and is in
order on an appropriation bill. Volume VII, section 1498.
Indian officials are officers of the United States and a reduction in
their number and salary is a retrenchment of expenditure within the
meaning of the rule. Volume VII, section 1503.
A provision abolishing two offices and creating in lieu thereof one
office at a smaller salary than the combined salary of the two offices
abolished is a reduction of the number and salary of officers of the
United States and is in order on an appropriation bill. Volume VII,
section 1504.
The power to modify a law infers the power to repeal it, and a
proposition to repeal a section of a law establishing certain offices,
is in order on an appropriation bill. Volume VII, section 1567.
A proposition to repeal law authorizing employment of officers was held
to effect a reduction of the number and salary of officers of the
United States and to be in order on an appropriation bill. Volume VII,
section 1514.
A proposition reducing the number of Army officers and providing the
method by which the reduction should be accomplished was held to come
within the exceptions under which legislation retrenching expenditure
is in order on an appropriation bill. Volume VII, section 1511.
A proposal to limit the number of Army officers paid from an
appropriation made for that purpose to a smaller number than that
authorized by law, and to recommission officers in lower grades than
those occupied at the time, was held to come within the exceptions
provided by the rule. Volume VII, section 1510.
A proposal to consolidate offices was held to involve reduction in the
number and salary of officers of the United Stats. Volume VII, section
1507.
Proposal that an appropriation for pay of a class of employees be
restricted to payment of a smaller number than authorized by law was
held to involve a reduction of the number of officers of the United
States. Volume VII, section 1506.
Repeal of a statutory provision authorizing the offices of assistant
treasures was held to retrench expenditures by the reduction of the
number and salary of the officers of the United States. Volume VII,
section 1505.
Provision that the duties of an officer authorized by law be performed
by another officer in the service of the Government in addition to his
own duties was held to reduce the number and salary of officers of the
United States. Volume VII, section 1535.
To bring an amendment within the rule, ``reductions of amounts of
money'' must apply to amounts covered by the bill. Volume VII, section
1525.s
APPROPRIATIONS--Continued.
(80) Legislation, Retrenchment, (Holman Rule).--Not Effecting Reduction
in Number and Salary of Officers.
Language prohibiting an increase in the number of instructors at the
Naval Academy was held not to come within the exceptions admitting
legislation on appropriation bills. VII, section 1513.
Provision for mere reduction of number and salary of officers of the
United States in a paragraph complicated by other elements involving
problematic reduction in expenditures does not bring a proposition
within the exception admitting legislation on an appropriation bill.
VII, section 1500.
(81) Legislation, Retrenchment (Holman Rule).--Reduction of
Compensation of Persons Paid out of the Treasury of the United States.
An amendment prohibiting counting of service as cadets at the Naval or
Military Academies in computing service records of Army and Naval
officers, thereby reducing longevity pay of such officers, was held to
reduce the compensation of persons paid out of the Treasury of the
United States and to come within the rule. VII, section 1516.
(82) Legislation, Retrenchment (Holman Rule).--Reduction of Amounts
Covered by Bill.
A provision that no part of an appropriation should be expended for a
designated purpose was held a retrench expenditure, but a proposal, in
effect repealing the law under which appropriations for that purpose
were authorized, was held not to come within the exception. VII,
section 1486.
A reduction in the amount of money appropriated from trust funds held
in the Federal Treasury is a retrenchment of expenditure and within the
exception provided by the rule. VII, section 1503.
An amendment proposing legislation is in order on an appropriation bill
if it provides for a reduction in the amount of money covered by the
bill. VII, section 1526.
Anendments nominally reducing appropriations while providing for sale
of tractors owned by the War Department, and for their distribution to
the States, were respectively held to retrench expenditures by
reduction of the amount of money covered by the bill and therefore to
be in order under the rule. VII, section 1524.
To a provision for the purchase of airplanes for use of the Post Office
Department an amendment providing for their transfer from the War
Department, while conceded to be legislation, was held to be germane
and to reduce the amount of money covered by the bill and therefore to
be in order on an appropriation bill under the rule. VII, section 1523.
An amendment reducing the proportion of the funds appropriated from the
Federal Treasury for the government of the District of Columbia from
one-half to one-forth was held to be in order as a reduction or
retrenchment of expenditure. VII, section 1518.
An amendment reducing the proportional part contributed by the
Government to the expenses of the government of the District of
Columbia paid jointly from District revenues and the Federal Treasury
was held to reduce the amount paid out of the Treasury and to be in
order on an appropriation bill. VII, section 1519.
(83) Legislation, Retrenchment (Holman Rule).--Must be Germane.
An amendment proposing legislation on an appropriation bill and
retrenching expenditure must be germane. VII, section 1548.
The Committee on Appropriations, while without general jurisdiction to
report legislation, may under the Holman rule propose germane
legislation retrenching expenditure. VII, section 1505.
(84) Legislation, Retrenchment (Holman Rule).--When Accompanied by
Additional Legislation.
Affirmative directions coupled with an amendment retrenching
expenditure were held to be so associated with the retrenchment as to
be admissible. VII, section 1496.
APPROPRIATIONS--Continued.
(84) Legislation, Retrenchment (Holman Rule).--When Accompanied by
Additional Legislation--Continued
To come within the provisions of the Holman rule an amendment must
include legislation necessary to accomplish the reduction proposed in
the pending bill; otherwise permanent substantive legislation is not in
order. VII, section 1569.
A proposition to reduce a total in an appropriation bill is in order
without reference to the Holman rule and nonretrenching legislation is
not admissible merely because associated therewith. VII, section 1560.
In order to comply with the provisions of the Holman rule, an amendment
must include only such legislation as is directly instrumental in
accomplishing the reduction of expenditures proposed. VII, section
1550.
A provision that no part of an appropriation should be expended for a
designated purpose was held to retrench expenditure, but a proposal, in
effect repealing the law under which appropriations for that purpose
was authorized, was held not to come within the exception. VII, section
1486.
A provision admissible under the rule was ruled out of order an account
of accompanying legislation. VII, section 1383.
Legislation accompanying an amendment reducing expenditures must be so
related as to contribute directly to such reduction. VII, section 1537.
While unrelated legislation coupled with a retrenchment is not in order
on an appropriation bill, a single clause or sentence which, if
isolated, could not be constructed as reducing expenditure but which
forms a constructive and integral part of the paragraph, is not subject
to a point of order. VII, section 1558.
A proposition admissible under the exception admitting retrenchments of
expenditure, but accompanied by additional legislation not falling
within the exception by contributing directly to the retrenchment, is
not in order on an appropriation bill. VII, section 1555.
An amendment reducing the figures of an appropriation, but adding
unrelated legislation was held not to retrench expenditures in the
sense contemplated by the rule. VII, section 1547.
Provision for reduction of expenditures does not admit accompanying
legislation not directly contributing to the reduction and essential to
its operation. VII, section 1546.
Legislation coupled with a provision reducing an appropriation but not
directly contributing to the reduction was held not to be in order on
an appropriation bill. VII, section 1543.
(85) Legislation, Retrenchment (Holman Rule).--The Proviso.
Germane amendments retrenching expenditures are in order on general
appropriation bills when reported by committees having jurisdiction.
VII, section 1125.
Supplementing the exception to the prohibition imposed by clause 2 of
Rule XXI, it is in order to further amend a general appropriation bill
by germane amendment retrenching expenditure reported by the committee
having jurisdiction of the subject matter of the amendment. VII,
section 1561.
In order to come within the proviso of clause 2 of Rule XXI, a
proposition must come officially from the committee having jurisdiction
and not as an integral part of an appropriation bill reported by the
Committee on Appropriations. VII, section 1562.
The proviso of clause 2, Rule XXI, applies only to amendments duly
submitted by committees authorized to report them and not to provisions
originally incorporates in the bill or amendments proposed by members
in individual capacity. VII, section 1563.
The proviso of the Holman rule was held to apply to amendments rather
than to provisions reported by the committee in the original bill. VII,
section 1565.
The Committee on Appropriations is not a legislative committee, and
therefore is not authorized to report a legislative provision under the
proviso of the Holman rule. VII, section 1566.
APPROPRIATIONS--Continued.
(85) Legislation, Retrenchment (Holman Rule).--The Proviso--Continued
A provision reported in the bill, and within the jurisdiction of the
committee reporting it, but stricken out on a point of order in
Committee of the Whole, was held to have been authorized by the
committee within the meaning of the proviso in the Holman rule when
subsequently offered, with the offending matter omitted, by a Member
acting in individual capacity. Volume VII, section 1568.
The report of a committee as provided for in the proviso of the Holman
rule must be formally authorized by the committee and presented in
writing. Volume VII, section 1569.
To be in order under the proviso of clause 2, Rule XXI, an amendment
must be authorized by the committee having jurisdiction of the subject
matter proposed. Volume VII, section 1570.
The proviso of the Holman rule is supplemental to and extends rather
than restricts the scope and operation of the rule, and while the
Committee on Appropriations is not a legislative committee, it has the
same privilege of reporting legislation on an appropriation bill
retrenching expenditure as that accorded Members on the floor to
propose amendments reducing expenditures is one or more of the three
methods provided in the rule. Volume VII, section 1567.
(86) Limitations on General Appropriations Bills.--Theory and
Principles of.
The House may by limitation provide that no part of an appropriation
shall be used for a certain purpose. Volume IV, sections 3917-3926.
Volume VII, section 1689.
As an appropriation bill may deny an appropriation for a purpose
authorized by law, so it may by limitation prohibit the use of money
for part of the purpose, while appropriating for the remainder of it.
Volume IV, section 3936.
It is in order by a limitation on an appropriation bill to withhold the
appropriation from a designated object, although contracts may be left
unsatisfied thereby. Volume IV, section 3987.
A limitation may deny an appropriation for a purpose authorized by law.
Volume VII, section 1710.
Prohibition of use of funds from an appropriation for a purpose
authorized by law was held to be a limitation. Volume VII, section
1656.
A provision prohibiting expenditure of an appropriation for a certain
purpose is merely a limitation and is not subject to a point of order.
Volume VII, section 1652.
A paragraph is an appropriation bill reenacting a provision of existing
law properly limiting an appropriation previously made for the same
purpose is not subject to a point of order; therefore germane
amendments to such paragraphs which do not propose additional
legislation are in order. Volume VII, section 1393.
An amendment is not necessarily germane because presented in the form
of a limitation. Volume VIII, sections 3033, 3036.
The House may by limitation decline to appropriate for one purpose
authorized by law while providing for another authorized under the same
enactment. Volume VII, section 1595.
Decisions on the ``stop-watch'' or ``Taylor system'' and `bonus'' or
``premium'' provisions proposed on general appropriation bills. Volume
VII, section 1609.
A provision restricting the purpose for which the appropriation was
made was held to be legislation, but an amendment providing that no
part of the appropriation should be used to achieve the same purpose
was admitted as a limitation. Volume VII. section 1639.
A proposition designating the object or manner of an expenditure is
legislation and not in order on an appropriation bill, but a proposal
to deny use of such appropriation for a designated purpose is a proper
limitation. Volume VII, section 1703.
The purpose rather than the form of a proposed limitation is the proper
criterion by which its admissibility should be judged, and if its
purpose appears to be a restriction of executive discretion to a degree
that may be fairly termed a change in policy rather than a matter of
administrative detail it is not in order. Volume VII, section 1691.
APPROPRIATIONS--Continued.
(86) Limitations on General Appropriation Bills.--Theory and Principles
of--Continued.
An amendment denying the use of an appropriation for a designated
purpose is a simple limitation and in order on appropriation bill.
Volume VII, section 1580.
The House may be limitation on a general appropriation bill provide
that an appropriation shall be available contingent on a future event.
Volume VII, section 1579.
Questions of order relating to limitations are construed strictly and
any doubt as to whether legislation is involved will be construed in
favor of the point of order. Volume VII, section 1707.
Provisions that no part of an appropriation be available for payment of
cash reward in addition to wages have been variously incorporated in
general appropriation bills without objection, ruled out on points of
order, and held to be admissible as limitations. Volume VII, section
1609.
Formerly amendments establishing limitations were considered
legislative in character. Volume IV, section 4016.
(87) Limitations on General Appropriation Bills.--Must Apply Solely to
Pending Appropriation.
A limitation must apply solely to the pending appropriation. Volume
VII, section 1600.
A limitation may be attached only to the money of the appropriation
under consideration, and may not be made applicable to moneys to be
appropriated in other acts. Volume IV, sections 3927, 3928. Volume VII,
sections 1495, 1720.
A limitation applies only to an appropriation and not to Indian trust
funds. Volume IV, sections 4017, 4018.
As to the line of distinction between limitations applying only to the
appropriation for the year and a permanent provision of law. Volume VI.
section 3930.
No limitation of expenditure is possible upon a paragraph which does
not propose an appropriation. Volume VII, section 1636.
A limitation may be attached only to the money of the appropriation
under consideration, and may not be made applicable to moneys
appropriated or to be appropriated in other acts. Volume VII, section
1603.
In order to qualify as a limitation, an amendment to an appropriation
bill must apply to the appropriation under consideration, and
propositions to apply such limitations to funds appropriated in other
acts are not in order. Volume VII, section 1604.
A limitation must apply solely to the current appropriation and may not
be admitted as a permanent provision of law. Volume VII, section 1702.
It is not in order to propose by way of limitation propositions on
subjects different from that under consideration. Volume VIII, section
3034.
A different subject from that under consideration may not be proposed
under the guise of a limitation. Volume VII, section 3035.
Limitations applying to funds other than those provided in the pending
bill are not in order. Volume VII, section 1602.
A limitation must apply solely to an appropriation carried in the
pending bill and not to the use of property purchased with such
appropriation. Volume VII, section 1601.
Although a limitation may be in order as applied to appropriations in
the pending bill, it may not be extended to appropriations not within
the bill. Volume VII, section 1597.
An amendment proposing a limitation applicable to all appropriations
carried in a bill may properly come as a separate paragraph at the end
of the bill. Volume VII, section 1591.
An amendment failing to affect appropriations or expenditure of moneys
provided in the bill, though offered as a limitation, is not in order
on a general appropriation bill. Volume VII, section 1596.
APPROPRIATIONS--Continued.
(88) Limitations on General Appropriation Bills.--Legislation Not To Be
Proposed in Form of.
Legislation may not be proposed under the form of a limitation. Volume
IV, sections 3931-3935. Volume V, section 5903. Volume VII, sections
1607, 1629, 1636.
The fact that a paragraph on an appropriation bill would constitute
legislation for only a year does not make it admissible as a
limitation. Volume IV, section 3936
A provision proposing to construe existing law is in itself a
proposition of legislation and therefore not in order on an
appropriation bill as a limitation. Volume IV, sections 3936-3938.
The language of limitation prescribing the conditions under which the
appropriation may be used may not be such as, when fairly construed,
would change existing law. Volume IV, sections 3976-3983.
Where a proposition might be construed by the executive officer as a
modification of a statute it may not be held as such a limitation of
appropriation as is permissible on a general appropriation bill. Volume
IV, section 3984. Volume VII, sections 1706, 1707.
It has generally been held that provisions giving a new construction of
law or limiting the discretion which has been exercised by officers
charged with the duties of administration are changes of law within the
meaning of the rule. Volume IV, section 3974.
A limitation must apply solely to the present appropriation and may not
be made as a permanent provision of law. Volume IV, section 3929.
The language of limitation prescribing the conditions under which the
appropriation may be used may not be such as, when fairly construed,
would change existing law. Volume VII, section 1705.
Whenever a purported limitation makes unlawful that which before was
lawful or makes lawful that which before was unlawful it changes
existing law and is not in order on an appropriation bill. Volume VII,
section 1606.
A provision which under the guise of limitation repeals or modifies
existing law is legislation and is not in order on an appropriation
bill. Volume VII, section 1628.
Where a limitation requires the violation of existing law in order to
make an appropriation available, it constitutes legislation and is not
in order on an appropriation bill. Volume VII, section 1630.
(89) Limitations on General Appropriation Bills.--``Unless,''
``Until,'' ``Hereafter,'' ``Except.''
Discussion of professed limitations accompanied by the words
``unless,'' ``except,'' ``until,'' ``if,'' and ``however.'' Volume VII,
section 1706.
An amendment forbidding expenditure of an appropriation ``unless'
action contrary to existing law is taken is legislation and is not in
order as a limitation. Volume VII, section 1632.
Provision that no part of an appropriation be used in payment of salary
of any clerk required to work longer than a specified number of hours
per month was held to be a limitation, but amendment providing that no
part of the appropriation be so expended ``unless'' such clerks receive
additional compensation was ruled out as legislation. Volume VII,
section 1633.
Provision that no appropriation provided in the bill be available for
any national park ``unless'' park concessions were granted to highest
bidder therefor was held to be legislation and not in order on an
appropriation bill. Volume VII, section 1640.
Provision that no part of an appropriation be paid for messenger
service unless to messenger submitting lowest bid, was held in order on
an appropriation bill. Volume VII, section 1654.
A provision that no part of an appropriation be available unless a
certain proclamation should have been issued was admitted as a
limitation. Volume VII, section 1712.
Professed limitations not to become effective ``unless'' or ``until''
affirmative action was taken were held to be out of order in an
appropriation bill. Volume VII, section 1634.
APPROPRIATIONS--Continued.
(89) Limitations on general Appropriation Bills.--``Unless,''
``Until,'' ``Hereafter,'' ``except''--Continued.
An amendment withholding expenditure of appropriations ``unless'' and
``until'' certain books wee supplied free to the National Library for
the Blind was ruled out of order. Volume VII, section 1634.
An amendment denying use of an appropriation until an executive should
take affirmative action was held to constitute legislation. Volume VII,
section 1684.
Provision withholding an appropriation until the Secretary of the Navy
ordered an annual inventory was ruled out of order. Volume VII, section
1684.
Provision that no part of an appropriation be used until certain
employees were reinstated in positions from which discharged was held
not to be in order on an appropriation bill. Volume VII, section 1683.
An amendment prohibiting expenditure of money appropriated for
education of aliens for citizenship, until arrearage connected with
granting of citizenship was disposed of, was, held to be a limitation
and in order on an appropriation bill. Volume VII, section 1584.
Provision that an appropriation (carried in a paragraph presenting
provisions legislative in character) be not available until the Court
of Claims passed on certain pending questions was held to be a
limitation. Volume VII, section 1583.
An amendment rendering an appropriation (included in a paragraph
proposing legislation) inoperative until Congress should have made
certain determinations was held to be in the nature of a limitation.
Volume VII, section 1582.
An amendment proposing to defer disbursements from an appropriation
until a departmental regulation has been enforced does not involve
legislation and is in order as a limitation on an appropriation bill.
Volume VII, section 1581.
An instance in which it was held in order to provide by way of
limitation that an appropriation should not become available until a
day certain unless a designated bill became law prior to that time.
Volume VII, section 1579.
Provision that an appropriation should not be available until the
States and Territories contributed equal sums was ruled out of order on
an appropriation bill. Volume VII, section 1172.
Prohibition of expenditures ``until'' designated affirmative action is
taken constitutes legislation and is not in order as a
limitation.Volume VII, section 1172.
The president being authorized by law to call an international
conference, an amendment denying use of an appropriation until such
conference was called was held in order as a limitation, while an
amendment making the appropriation available until the calling of such
conference was ruled out of order. Volume VII, section 1718.
Opinion as to the use and effect of the terms ``hereafter'' and
``whenever'' in the enactment of permanent law. Volume VII, section
1189.
A provision to be in force ``hereafter'' was held to involve
legislation and ruled out of order on an appropriation bill. Volume
VII, section 1250.
The term ``hereafter,'' as applied to the provisions of an
appropriation bill, was held to enact permanent law. Volume VII,
section 1396.
An amendment inserting the word ``hereafter'' was held to propose
permanent law and as such to be forbidden in an appropriation bill.
Volume VII, section 1397.
A proposal that no part of an appropriation be used for transportation
of troops ``except'' by the cheapest route was construed as
legislation. Volume VII, section 1641.
An amendment providing that 50 percent of an appropriation should not
be available except for repairs of vessels at Government shipyards was
ruled out of order, but an amendment denying the use of more than 50
percent of the appropriation for repair of vessels in private shipyards
was admitted as a limitation. Volume VII, section 1703.
Provision that no part of an appropriation be used for a designated
purpose except upon certain contingency was held to be a limitation.
Volume VII, section 1653.
APPROPRIATIONS--Continued.
(90) Limitations on General Appropriation Bill.--As to Restriction on
Executive Discretion.
A limitation must be on the appropriation and not on the functions of
an executive. Volume IV, sections 3957-3966. Volume VII, sections 1673,
1678, 1689.
The House may provide that no part of an appropriations shall be used
in a certain way, even though executive discretion be thereby
restricted. Volume IV, sections 3968-3972.
A limitation must be on the appropriation and not on executive
discretion. Volume VII, sections 1679-1685.
An amendment limiting the discretion of an executive is not in order as
a limitation, Volume VII, section 1674.
A limitation negatively restricting executive discretion was held to be
in order on an appropriation bill. Volume VII, section 1700.
A proposition to restrict administrative functions vested in an
executive by law is legislation and is not in order as a limitation.
Volume VII, section 1696.
While a limitation may negative an activity, limitation on the
discretion of an executive charged with duties of administration is
legislation. Volume VII, section 1693.
A provision preventing an executive from doing what he otherwise might
lawfully do or requiring him to do what he otherwise is not required by
law to do, is not to be construed as a limitation, and is not in order
on an appropriation bill. Volume VII, section 1608.
An instance in which the committee, overruling the chairman, held in
order as a limitation a provision indirectly changing existing law
through restrictions upon executive discretion. Volume VII, section
1664.
A limitation on the discretion exercised under law by an executive is a
change of law. Volume VII, section 1437.
An amendment couched in the language of a limitation but controlling
executive discretion is legislation and is not in order of a general
appropriation bill. Volume VII, section 1704.
While the appropriation of a lump sum for a general purpose authorized
by law is in order, a specific appropriation for a particular item
included in such general purpose is a limitation on the discretion of
the executive charged with allotment of the lump sum and is not in
order on an appropriation bill. Volume VII, section 1452.
An amendment to an appropriation bill proposing a limitation of
authority exercised by an executive rather than a limitation on
expenditure was held not to be in order. Volume VII, section 1675.
While a limitation may not involve change of existing law or
affirmatively restrict executive discretion, it may properly effect a
change of administrative policy and still be in order. Volume VII,
section 1694.
Where discretion as to the number of clerks to be employed was vested
in an executive a proposal to limit that number rather than the
appropriation was held not to be admissible as a limitation. Volume
VII, section 1673.
Provision that pneumatic-mail service be not extended to cities other
than those under contract was held to limit the discretion of the
Postmaster General and to be legislation within the meaning of the
rule. Volume VII, section 1693.
Conflicting decisions on amendments denying use of appropriations for
payment of officers engaged in supervising stop-watch operations in
Government plants. Volume VII, section 1609.
Provision that an appropriation be not available for any naval district
unless its commandant be also commandant of a navy yard was held to be
a negative prohibition on the use of money and not an affirmative
direction to an executive. Volume VII, section 1698.
A proper limitation is negative and in the nature of a veto, and when
it assumes affirmative form by direction to an executive in the
discharge of his duties under existing law it ceases to be a limitation
and becomes legislation. Volume VII section 1606.
The House may provide that no part of an appropriation shall be used in
a certain way, even though executive discretion be thereby negatively
restricted. Volume VII section 1699.
APPROPRIATIONS-- Continued.
(91) Limitations on General Appropriation bills.--May not Include
Affirmative Directions.
The limitation permitted on a general appropriation bill must be in
effect a negative prohibition on the use of the money, not an
affirmative direction to an executive officer. Volume IV, section 3975.
An affirmative direction may not be coupled with a limitation. Volume
VII, section 1637.
A limitation embodying an affirmative authorization is not in order on
a general appropriation bill. Volume VII, section 1603.
A limitation may not give affirmative directions, impose new duties, or
be accompanied by language not directly limiting the appropriation.
Volume VII section 1706.
A proper limitation does not interfere with executive discretion or
require affirmative action on the part of Government officials. Volume
VII, section 1676.
An amendment may not under guise of limitation provide affirmative
directions which impose new duties. Volume VII, sections 1672, 1706.
A limitation on an appropriation bill is objectionable to the rules if
it palpably limits executive discretion by imposing additional duties
not required by law. Volume VIII, section 2703.
A provision conferring additional authority upon an official of the
Government is legislation and is not in order on an appropriation bill.
Volume VII, section 1629.
The House may, by limitation on a general appropriation bill, forbid
the use of any of the money for a specific service, but it may not
grant the whole appropriation for the general service on condition that
an executive officer shall take a certain course as to the specific
service. Volume IV, sections 3985, 3986.
While a limitation may provide that no part of an appropriation shall
be used except in a certain way, yet the restriction of executive
discretion may not go to the extent of an imposition of new duties.
Volume IV, section 3973.
A limitation is negative in its nature and may not include positive
enactments establishing rules for executive officers. Volume IV,
sections 3955, 3956, 3967.
A proposition to establish affirmative directions for an executive
officer constitutes legislation, and is not in order on a general
appropriation bill. Volume IV, sections 3854-3859.
It is not in order to offer on a general appropriation bill under
guise, of limitation an amendment providing affirmative direction to an
executive. Volume VII, section 1671.
An amendment incorporating with a limitation on an appropriation an
affirmative direction to an executive is not in order on an
appropriation bill. Volume VII, section 1688.
A limitation upon an appropriation must not be accompanied by
provisions requiring affirmative action by an executive in order to
render the appropriation available. Volume VII, section 1686.
Making an appropriation available upon condition that affirmative
action be taken is legislation and not limitation. Volume VII, section
1683.
An amendment affirmatively interfering with executive direction is not
in order as a limitation. Volume VII, sections 1677, 1678.
An amendment proposing an affirmative direction through use of a double
negative, though in the form of a limitation, was held not to be in
order on a general appropriation bill. Volume VII, section 1690.
An amendment forbidding use of an appropriation in dissemination of
propaganda, and ruled out of order because coupled with affirmative
directions to officials was held to be in order when reoffered without
the accompanying directions. Volume VII, section 1689.
While curtailment of expenditure from an appropriation is limitation,
curtailment of authorized expenditure from such appropriation at the
discretion of an executive couples legislation with limitation is not
in order. Volume VII, sections 1708.
APPROPRIATIONS--Continued.
(92) Limitations on General Appropriation Bills.--As Related to
Purchases and Construction Generally.
An amendment prohibiting the use of any part of an appropriation in the
construction of a public building for which stone was quarried outside
of the section in which the building was to be erected was admitted as
a limitation. Volume VII, section 1711.
It is in order in appropriating for the construction of a building to
provide by limitation that the money shall be used only for a building
of certain dimensions. Volume IV, section 4008.
A proviso that money for a bridge shall not be available until a
corporation using it shall fulfill certain conditions was admitted as a
limitation. Volume IV, section 3998.
In appropriating for a bridge, it is not in order by provisos to
determine conditions of future use of it. Volume IV, section 3893.
Provision that no part of an appropriation be used in construction of
ships under the cost-plus contract plan is a limitation. Volume VII,
section 1586.
Provision that no part of an appropriation be used for construction of
vessel at a cost exceeding $900,000 was held to be a limitation. Volume
VII, section 1643.
A requirement that the Secretary of the Navy should have certain new
vessels constructed in navy-yards was held to be legislation and not a
limitation. Volume IV, section 3863.
Provisions that bids for the construction of naval vessels should be
limited to bidders having adequate plants and not having over a
specified number of vessels under contract were held to be in the
nature of legislation and not limitations. Volume IV, section 4007.
A provision for the construction of an armor-plate factory was held not
in order as part of a limitation on an appropriation for armor plate.
Volume IV, sections 4012, 4013.
A provision that no part of an appropriation be expended for a
reformatory within a radius of 10 miles of Mount Vernon except the one
now located at Occoquan, was held to be a limitation and in order on an
appropriation bill. Volume VII, section 1710.
Provision that no money appropriated in the pending bill be used in
purchase of American goods when known to the Secretary that they were
sold abroad at a lower price than in America was held to be a
limitation and not legislation. Volume VII, section 1695.
An amendment inhibiting the use of an appropriation for the purchase of
commodities not produced in the United States was held in order as a
limitation. Volume VII, section 1697.
In the absence of statutory provision to the contrary, an amendment
prohibiting use of an appropriation for the purchase of headstones
other than stones of a specified design was held to be in order as a
limitation. Volume VII, section 1699.
A proposition to limit range of materials purchasable under an
enactment is not a limitation on an appropriation and involves
legislation, but may be admitted in the form of a provision denying use
of an appropriation for purchase of specified materials. Volume VII,
section 1702.
Provision that not part of an appropriation be used in purchase of
typewriters at price in excess of certain standard is a limitation and
in order on appropriation bill. Volume VII, section 1713.
A paragraph providing that an appropriation should be expended in the
United States, an amendment providing for purchase in the world's
markets on the best terms was held in order. Volume IV, section 4001.
A provision that no greater price should be paid for armor plate than
was paid in this country by other Governments for the same article was
held to be a limitation. Volume IV, sections 4009-4011.
A proposed amendment limiting the kinds of seeds to be purchased under
the law was held to be a change of law and not a limitation. Volume IV,
section 4014.
APPROPRIATIONS--Continued.
(92) Limitations on General Appropriation Bills.--As Related to
Purchases and Construction Generally--Continued.
Contravening a statute directing the purchase of supplies from the
lowest bidder, an amendment prohibiting purchase of such supplies
produced outside of the United States was ruled out of order. Volume
VII, section 1696.
While formerly construed as limitation, the latest decisions hold
amendments prohibiting expenditures from appropriations in purchasing
commodities at prices in excess of estimated cost of manufacture in
Government plants to involve legislation. Volume VII, section 1679.
(93) Limitations on General Appropriation Bills.--As Related to
Salaries Generally.
In appropriating for per diem employees whose compensation is fixed per
diem by law with no exception as to Sundays, the withholding of
appropriation for Sunday pay is a limitation rather than a change of
law. Volume IV, section 3996.
An amendment forbidding payment of salary authorized by law from any
part of an appropriation to a designated individual was held to be a
limitation and in order on an appropriation bill. Volume VII, section
1670.
A limitation establishing a maximum as to number and salary of
employees otherwise without statutory limitation under a lump-sum
appropriation was held to be in order on an appropriation billl. Volume
VII, section 1656.
Denial of use of an appropriation for payment of salaries of employees
of the Department of Agriculture who forecast the price of agricultural
products was construed as a proper limitation and in order on an
appropriation bill. Volume VII, section 1663.
A provision that no part of an appropriation be used to pay salaries of
commissioners whose confirmation was being reconsidered by the Senate
was held to be in order as a limitation on an appropriation bill.
Volume VII, section 1645.
A provision that no part of an appropriation be expended for salary in
connection with suit to enjoin labor unions from striking was held to
be in order as a limitation. Volume VII, section 1638.
A provision that no part of an appropriation be paid any employee
failing to perform duties delegated to him in connection with the
enforcement of a certain law was held to be a limitation and in order
on an provision bill. Volume VII, section 1661.
While Congress may decline to appropriate for a salary fixed and
conditioned by law, yet it is not in order on an appropriation bill to
make the payment conditional on certain contingencies which would
change the lawful mode of payment. Volume IV, sections 3989-3992.
A provision that no part of an appropriation be used in paying
Government employees a larger wage than that paid for the same work in
private industry was held to be a limitation and in order on an
appropriation bill. Volume VII, section 1591.
A provision that no part of an appropriation be used for payment of any
employee not appointed through the civil service was held to be a
limitation and in order on an appropriation bill. Volume VII, section
1593.
Provision that no contract for clerks be made for any amount in excess
of the sum appropriated for that purpose was held to be legislation,
but provision that no part of the appropriation be applied to payment
of clerks in excess of a stated number was admitted as a limitation.
Volume VII, section 1674.
Provision that no part of an appropriation be used in payment of
employees receiving less than discretion vested in those authorized to
fix salaries and therefore not in order. Volume VII, section 1704.
A provision that in disbursement of an appropriation in accordance with
an existing law the average of salaries for any grade shall not exceed
the average of rates specified by the law for that grade was held to be
in order as a limitation. Volume VII, section 1666.
APPROPRIATIONS--Continued.
(93) Limitations on General Appropriation Bills.--As Related to
Salaries Generally--Continued.
Where no limit of salary was provided by statute, a provision limiting
the amount of compensation of employees in the Attorney General's
office to be paid from an appropriation was admitted as a limitation on
an appropriation bill. Volume VII, section 1659.
In the absence of a law fixing maximum compensation of employees, a
provision establishing a maximum was held to be in order as a
limitation. Volume VII, section 1659.
A specific appropriation for designated officials of an exposition at
stated salaries, there being no prior legislation establishing such
positions or salaries, was held out of order, although a general
appropriation for the exposition was authorized by law. Volume IV,
section 3878.
A provision repealing an existing limit of salary was held to be
legislation and not a limitation. Volume VII, section 1642.
A provision that an appropriation be not available for increased pay of
an officer under circumstances under which increase in pay was provided
by law was held to be legislation and not a limitation. Volume VII,
section 1587.
(94) Limitations on General Appropriation Bills.--As Related to
Salaries in the Military and Naval Service.
A provision that an appropriation for the pay of volunteer soldiers
should not be available longer than a certain period after the
ratification of a treaty of peace was held to be a limitation merely.
Volume IV, section 4004.
A provision that no part of an appropriation for pay of retired army
officers should go to one receiving pay for services as a civil
employee was held to be a limitation. Volume IV, section 3945.
Provision that no part of an appropriation be used in payment of
salaries of Army officers who prohibit social intercourse between
officers and enlisted men is a limitation and in order on an
appropriation bill. Volume VII, section 1714.
Provision that no part of an appropriation be available for pay of
officers recruiting boys under age was held in order as a limitation.
Volume VII, section 1664.
Provision that no funds appropriated by a bill be expended for pay of
any retired officer of the United States assigned to duty as a military
attache at any legation abroad was held to be a limitation. Volume VII,
section 1668.
An amendment denying compensation to veterans of the military service
receiving pay in excess of a specified amount was held to be in order
as a limitation. Volume VII, section 1669.
An amendment denying funds for the support of any compulsory military
course or for the pay of officers at any school where such course was
maintained was held to be a proper limitation. Volume VII, section
1694.
An amendment providing that no part of an appropriation be expended in
payment of officers detailed as instructors at the Naval Academy to
supersede civilian instructors under specified conditions was ruled out
when coupled with amendments carrying provisos embodying affirmative
legislation but admitted when reoffered without the provisos. Volume
VII, section 1667.
A provision that no part of an appropriation be used for payment of
troops stationed in certain geographical locations was held to be a
limitation and in order on an appropriation bill. Volume VII, section
1657.
A provision that an appropriation be not available for increased pay of
officers not attached to an airplane squadron regularly required to fly
was held to be in order on an appropriation bill. Volume VII, section
1590.
Provision that no portion of an appropriation be used for pay of
reserve officers is a limitation. Volume VII, sections 1587, 1588.
APPROPRIATIONS--Continued.
(94) Limitations on General Appropriation Bills.--As Related to
Salaries in the Military and Naval Service--Continued.
Provision that no part of an appropriation be available for pay of any
midshipman whose appointment would result in exceeding an allowance of
three for each Member was held to be a limitation and in order in an
appropriation bill. Volume VII, section 1719.
(95) Limitations on General Appropriation Bills.--As Related to
Qualifications of Recipients of an Appropriation.
An amendment qualifying or limiting a class of beneficiaries of an
appropriation is germane to be paragraph providing the appropriation.
Volume VII, section 1377.
A proposal to limit a class authorized to participate in disbursements
from an appropriation is a limitation. Volume VII, section 1590.
An amendment forbidding payments from appropriation to recipients
lacking specified qualifications is a limitation. Volume VII, section
1654.
An amendment denying use of an appropriation to States lacking certain
qualifications was held to be a limitation. Volume VII, section 1655.
An amendment providing that no part of an appropriation be used for
benefit of persons lacking certain qualifications is a limitation.
Volume VII, section 1649.
The restriction of an appropriations is a limitation. Volume VII,
section 1649.
The restriction of an appropriation to expenditures for the benefit of
a class of recipients who have complied with certain requirements is in
order as a limitation. Volume VII, section 1650.
A provision that no part of an appropriation should be allotted to a
beneficiary failing to comply with certain requirements was held in
order as a limitation on an appropriation bill. Volume VII, section
1651.
While it is not in order to legislate as to the qualifications of the
recipients of an appropriation, the House may specify that no part of
the appropriation shall go to recipients lacking certain
qualifications. Volume IV, sections 3942-3948.
It is in order to provide by a limitation that a certain proportion of
an appropriation shall be withheld from recipients lacking certain
qualifications. Volume IV, sections 3949-3952.
While it is not in order on an appropriation bill to require lettering
on public vehicles, it is in order to withhold the appropriation from
all not lettered. Volume IV, section 3953.
A provision that no part of an appropriation for pay of retired army
officers should go to one receiving pay for services as a civil
employee was held to be a limitation. Volume IV, section 3954.
A provision withholding an appropriation from those portions of a
service not covered in existing contracts was admitted as a limitation.
Volume IV, section 3988.
A provision prohibiting the use of an appropriation in paying
midshipmen appointed from the Navy who have not served nine months
aboard a vessel was admitted on an appropriation bill. Volume VII,
section 1650.
Denial of an appropriation for compensation of employees whose
appointment lacked final approval was admitted as a limitation. Volume
VII, section 1645.
An amendment denying the use of an appropriation for the payment of
wages except such as are paid in accordance with existing law was held
in order as a limitation. Volume VII, section 1647.
Provision that no part of an appropriation be used for work on which
naval prisoners were employed in preference to registered laborers and
mechanics was held to be a limitation. Volume VII, section 1646.
Decisions on admissibility of amendments withholding appropriations
from departments requiring less than eight hours work. Volume VII,
section 1624.
Decisions on amendments denying use of appropriations in payment of
contractors who had not established the eight-hour day. Volume VII,
section 1622.
APPROPRIATIONS--Continued.
(95) Limitations on General Appropriation Bills.--As Related to
Qualifications of Recipients of an Appropriation--Continued.
While the House may by limitation deny an appropriation to recipients
lacking certain qualifications, a professed limitation which by
interdiction of certain qualifications restricts lawful executive
action is not in order. Volume VII, section 1692.
(96) Limitations on General Appropriation Bills.--Miscellaneous
Examples of.
A proviso that no part of an appropriation for a certain amount should
be expended until estimates of the entire cost had been made was held
to be a limitation. Volume IV, section 3997.
To a provision appropriating for the support of army hospitals an
amendment excepting a certain hospital was held to be a limitation
(Chairman overruled). Volume IV, section 3993.
A provision that an emergency fund for the maintenance of the Navy
should be expended at the discretion of the President was held to be a
limitation. Volume IV, section 4015.
In appropriating for a general service of charity a limitation
withholding the appropriation from institutions not meeting a specified
requirement was held in order. Volume IV, sections 3939-3941.
The Postmaster-General having general authority to transport the mails,
a designation of a specific method of transportation was held to be a
limitation of the appropriation. Volume IV, section 3995.
A proposition that no part of an appropriation should be paid until the
passing of a title was held to be a limitation. Volume IV, sections
3999, 4000.
An amendment that no part of the appropriation for the Army should be
available for an army of over a certain size was held to be a
limitation. Volume IV, section 4005.
To a provision for payment of the expenses of certain judges a proviso
that no part of the money should be expended except on an itemized
statement was held in order. Volume IV, section 4002.
A provision that no part of any appropriation for an article should be
paid to any trust was held in order as a limitation. Volume IV, section
4003.
It is in order to provide on a general appropriation bill that no part
of a certain appropriation shall be expended in payment of an
adjudicated claim until the said claim shall have been certified or
finally adjudicated. Volume IV, section 3641.
A provision withholding an appropriation from those portions of a
service not covered in existing contracts was admitted as a limitation.
Volume IV, section 3988.
Provision that no part of an appropriation be used for return of a
reserve force to active duty was held to be a limitation. Volume VII,
section 1585.
A provision that an emergency fund for maintenance of the Navy be
expended on the approval of the Secretary of the Navy was held to be a
limitation, but provision that it be disbursed for such purposes as he
might deem proper was held to be legislation and not in order on an
appropriation bill. Volume VII, section 1716.
Provision that no part of a sum appropriated should be used for
soliciting reinstatement of lapsed insurance is a limitation and in
order on an appropriation bill. Volume VII, section 1589.
A provision that no part of an appropriation be used in operation of a
barge line in competition with common carriers was held to be a
limitation. Volume VII, section 1592.
Provision that no part of an appropriation be expended in violation of
a specified statute was held to be a limitation and in order on a
general appropriation bill. Volume VII, section 1594.
An amendment prohibiting the use of any part of an appropriation for
the enforcement of prohibition in States which failed to provide an
equal amount for the purpose was admitted as a limitation. Volume VII,
section 1651.
APPROPRIATIONS--Continued.
(96) Limitations on General Appropriation Bills.--Miscellaneous
Examples of--Continued.
Provision that no part of the sum appropriated be used for maintenance
of warehouses was held to be a limitation. Volume VII, section 1652.
An amendment providing that no part of an appropriation be used for
motor mail routes unless petitioned for by patrons was held in order as
a limitation on an appropriation bill. Volume VII, section 1653.
In the absence of any statutory limitation on per diem subsistence
payable from a lump sum appropriation, an amendment providing a maximum
amount was held to be a limitation and in order. Volume VII, section
1658.
A provision excepting a designated bureau from the objects for which an
appropriation might be expended was held to be a limitation. Volume
VII, section 1660.
Provision that no part of an appropriation be used to prohibit use of
peyote for religious purposes was held to be in order on an
appropriation bill. Volume VII, section 1639.
Provision that no part of an appropriation be used for education of any
Indian whose father is a taxpayer in any State or Territory was held to
be a limitation. Volume VII, section 1644.
Provision that no part of an appropriation be expended in maintenance
of more than a single approach to any national cemetery held to be in
order as a limitation. Volume VII, section 1648.
A provision denying use of an appropriation for education of pupils not
residing in the District of Columbia or owning property in the District
the taxes on which were in excess of cost of tuition was held to be in
order on a general appropriation bill. Volume VII, section 1649.
While it is not in order on an appropriation bill to require lettering
on public vehicles it is in order to withhold the appropriation from
all not lettered. Volume IV, section 3953.
To a limiting proviso denying use of any part of an appropriation to
any soldiers' home maintaining a canteen, an amendment adding ``unless
located within 5 miles of a city where sale of liquor is permitted''
was held to be a limitation upon the limitation and in order. Volume
VII, section 1709.
(97) Limitations on General Appropriation Bills.--Miscellaneous
Examples of Language Held Not in Order as.
An amendment providing that no portion of an appropriation for
manufacture of stamped envelopes should be expended in printing return
cards on them was ruled out of order. Volume IV, section 4006.
Provisions as to the method of doing a work have been held to involve
legislation, even though the work itself might be authorized. Volume
IV, section 3708.
A proviso that mail matter should be carried in cars run in a certain
way was held to be legislation and not a proper limitation on the
appropriation. Volume IV, section 3994.
A limitation on the amount of liability which a department may incur
under existing law is legislation and not a limitation and is not in
order on an appropriation bill. Volume VII, section 1631.
Authorization to an executive to reduce expenditures within his
discretion is not in order as a limitation, nor does it come within the
Holman rule. Volume VII, section 1717.
Denial of the use of an appropriation for expenses incident to change
of stations of Army officers with specified exceptions, was held to be
a limitation and in order on an appropriation bill. Volume VIII,
section 2698.
A provision withholding appropriations for payment of tax refunds not
approved by the Joint Committee of Internal Revenue Taxation was held
not to be admissible as a limitation. Volume VII, section 1672.
To an amendment providing a limitation a substitute amendment providing
in addition to the limitation a method of enforcement was held to be
legislation and not in order. Volume VII, section 1635.
APPROPRIATIONS--Continued.
(97) Limitations on General Appropriation Bills.--Miscellaneous
Examples of Language Held Not in Order as--Continued.
An amendment providing certain conditions precedent of an affirmative
character upon which an appropriation should be available was held to
be legislation and not in order on an appropriation bill. Volume VII,
section 1720.
In construing an amendment offered as a limitation the practice of the
House relating thereto should be construed strictly in order to avoid
incorporation of legislation appropriation bills under guise of
limitations. Volume VII, section 1720.
(98) Miscellaneous Decisions.
While conference reports must be written in duplicate, it is the
practice to prepare conference reports on appropriation bills in
triplicate, and on occasion all conference reports have been required
in triplicate. Volume VIII, section 3296.
A revenue amendment is not germane to an appropriation bill. Volume
VIII, section 3038.
To a bill providing a lump-sum appropriation for the prosecution of
authorized river and harbor works an amendment designating specific
works upon which the appropriation should be expended was held to be
germane. Volume VIII, section 3008.
A motion to recommit may not include instructions proposing legislation
in a general appropriation bill. Volume VIII, section 2701.
Appropriations provided by the supply bills are for the fiscal year and
proposals to appropriate for the calendar year are not admissible.
Volume VII, section 1477.
An amendment increasing the total amount appropriated by a paragraph
without increasing constituent items in the paragraph to correspond
thereto was held not to be in order.Volume VII, section 1408.
A resolution providing for the investigation of a question of privilege
loses its privileged character if including an appropriation. Volume
VI, section 395.
The payment of a year's salary to widows of deceased Members is a
gratuity, and in event of the death of the beneficiary prior to payment
there is no authority to make payment to any one else. Volume VI,
section 204.
Instance wherein a Senator requested elimination from appropriation
bill of item reimbursing him for expenses incurred in defense of his
seat. Volume VI, section 106.
Instance wherein appropriations were made for salaries of Members
withheld during absence in military service. Volume VI, section 61.
Transfer of money from one department to another in exchange for
materials or services is authorized by law. Volume VII, section 1471.
In amending a Senate amendment the House is not confined within the
limits of amount set by the original bill and the Senate amendment.
Volume VIII, section 3189.
Decisions on the ``stop-watch'' or ``Taylor system'' and ``bonus'' or
``premium'' provisions proposed on general appropriation bills. Volume
VII, section 1609.
(99) Points of Order.
Points of order are usually reserved when appropriation bills are
referred to the Committee of the Whole in order that portions in
violation of rule may be eliminated by raising points of order in
committee. Volume V, sections 6921-6925. Volume VIII, section 3450.
Points of order are reserved at the time of reference to Committee of
the Whole only on general appropriation bills. Volume V, section 6926.
The House established many years ago the practice of striking out of an
appropriation bill in Committee of the Whole such portions as contained
legislation. Volume IV, section 3811.
Where points of order are reserved on an appropriation bill a portion
not germane and not within the jurisdiction of the committee may be
stricken out on a point of order in Committee of the Whole. Volume IV,
section 4219.
A point of order being make against an entire paragraph the whole of it
must go out if a portion merely is subject to the objection. Volume V,
section 6883.
APPROPRIATIONS--Continued.
(99) Points of Order--Continued.
If the point of order is directed to the item of appropriation that
item only is eliminated, but if made against the paragraph or section
containing the item the entire paragraph or section goes out. Volume
VII, section 2143.
While in order ``at any time,'' it has been held that a point of order
under section 4 of rule XXI should be raised at a time consistent with
the orderly consideration of the bill to which applied. Volume VII,
section 2138.
A point of order under section 4 of Rule XXI applies to the
appropriation against which directed and not to the bill or section
carrying it. Volume VII, section 2140.
Under the rule forbidding consideration of appropriations in connection
with bills reported by nonappropriating committees, a point of order
should be directed to the item of appropriation in the bill and not to
the act of reporting the bill. Volume VII, section 2142.
The point of order that a bill reported by a nonappropriating committee
contains an appropriation is properly directed to the item of
appropriation and not to the act of reporting the bill. Volume VII,
section 2143.
Points of order under the rule apply to appropriations and not to the
bill in which carried. Volume VII, section 2150.
A point of order against an appropriation reported by a committee
without authority to report appropriations is in order at any time.
Volume VII, section 2148.
Points of order against appropriations in bills from committees without
authority to report appropriations are properly directed against the
appropriating language only, and when sustained do not affect the
remainder of the bill. Volume VII, section 2148
(100) Reappropriations.
A provision for the reappropriation of a sum required by law to be
covered into the Public Treasury was held not to be a change of law,
and not to be an appropriation beyond the limit of cost. Volume VII,
section 1152.
The reappropriation of an unexpended balance for an object authorized
by law may be made on an appropriation bill. Volume VII, section 1153.
A proposal authorizing the Secretary of the Navy to expend unobligated
balances for labor-saving devices was held to be in order on an
appropriation bill. Volume VII, section 1154.
The reappropriation of unexpended balances, even for another lawful
purpose than that for which originally appropriated, is in order on an
appropriation bill. Volume VII, section 1155.
Reappropriations of unexpended balances to be in order on appropriation
bill must specify amounts and from what previous appropriation
remaining, and be for similar objects. Volume VII, section 1156.
While it is in order to provide for the reappropriation of unexpended
balances in an appropriation bill, sums previously appropriated for a
specific purpose may not be reappropriated for a purpose unauthorized
by law. Volume VII, section 1157.
The reappropriation of unexpended balances for purposes authorized by
law is in order even though for different purposes than those for which
originally appropriated. Volume VII, section 1158.
While the reappropriation of unexpended balances may be made on an
appropriation bill, the establishment of a revolving fund from such
balances is not a mere reappropriation and is not in order. Volume VII,
section 1160.
A proposition reappropriating an unexpended balance may be amended by a
proposition making a direct appropriation for the same purpose. Volume
VII, section 1161.
Reappropriation of sums required by law to be covered into the Treasury
is in order on an appropriation bill. Volume VII, section 1162.
APPROPRIATIONS--Continued.
(100) Reappropriations--Continued.
The reappropriation of an unexpended balance for an object authorized
by law may be made on an appropriation bill. Volume VII, section 1253.
A proposition to reappropriate or make available an appropriation
previously made or to divert such appropriation to any purpose other
than that for which originally made is equivalent to a direct
appropriation and is not in order in connection with a bill reported by
a committee without authorized jurisdiction to report appropriations.
Volume VII, section 2146.
Legislative direction that funds previously appropriated be used for a
purpose not specified in the original appropriation was held to be an
appropriation in contravention of section 4 of Rule XXI. Volume VII,
section 2147.
(101) Trust Funds.
The appropriation of funds held in trust in the Federal treasury is
legislation and is not in order on a general appropriation bill. Volume
VII, section 1407.
Legislative direction for disbursements from Indian trust funds was
held to constitute an appropriation within the meaning of section 4 of
Rule XXI. Volume VII, section 2149.
(102) What Constitutes an Appropriation.
To provide that an appropriation already made shall be available for a
different purpose is an appropriation and exclusively within the
jurisdiction of the Committee on Appropriations. Volume VII, section
1744.
The language ``payment therefor to be made from the appropriate
appropriation'' constitutes an appropriation, and is subject to a point
of order when reported by a committee without authority to report
appropriations. Volume VII, section 2148.
The phrase ``warranted and made available for expenditures'' is
equivalent to ``is hereby made available'' and is subject to a point of
order under section 4 of Rule XXI. Volume VII, section 2150.
A provision that moneys covered into the Treasury ``Shall constitute a
special fund, as the Secretary may direct, for the payment of'' certain
expenses, was construed as carrying an appropriation. Volume VII,
section 2151.
Provision for establishment of a special fund, to be available with
other funds appropriated for the purpose in payment of refunds, was
ruled to be an appropriation and subject to a point of order under
section 4 of Rule XXI. Volume VII, section 2152.
Authorization to expend receipts derived from the administration of a
law, for administrative expenses, was held to be an appropriation and
therefore not in order on a bill reported by a legislative committee.
Volume VII, section 2153.
Direction to departmental officers to pay determinable amounts from
unexpended balances is equivalent to an appropriation. Volume VII,
section 2154.
Provision that disbursements ``shall be paid from the appropriation
made to the department for that purpose'' was construed as an
authorization merely and not an appropriation, and therefore not
subject to a point of order under section 4 of Rule XXI. Volume VII,
section 2156.
A legislative provision crediting the general account of the District
of Columbia was held not to be an appropriation within the purview of
the rule. Volume VII, section 2157.
Payment of a claim from surplus funds of the Sugar Equalization Board,
a corporation created by act of Congress, the assets of which are by
law converted into the Treasury upon liquidation of the corporation
board, was held not to be subject to a point of order under section 4
of Rule XXI. Volume VII, section 2158.
Provision that the cost of certain surveys should be paid ``from
appropriations made for that purpose'' was held not to come within the
inhibition of the rule. Volume VII, section 2159.
Language authorizing payments from appropriations for purposes for
which originally made does not propose an appropriation. Volume VII,
section 2159.
APPROPRIATIONS--Continued.
(102) What Constitutes an Appropriation--Continued.
Provision for redemption at the treasury of adjustment certificates
issued by the Secretary of Agriculture in administration of the Farm
Relief Law and drawn on a special fund provided for the purpose was
held not to constitute an appropriation within the meaning of section 4
of Rule XXI. Volume VII, section 2160.
APPROVAL.
(1) Of the Journal.--General principles.
(2) Of the Journal.--Delayed.
(3) Of the Journal.--In relation to amendments.
(4) Of bills.--Presentation to the President.
(5) Of bills.--As to what measures must be presented.
(6) Of bills.--Form and effect of signature.
(7) Of bills.--In relation to recess.
(8) Of bills.--In relation to adjournment.
(9) Of bills.--Messages announcing.
(10) Of bills.--Returned without approval.
(1) Of the Journal.--General Principles.
It is the uniform practice of the House to approve its Journal for each
legislative day. Volume IV, section 2731.
In ordinary practice the Journal is approved by the House without the
formal putting of the motion to vote. Volume IV, section 2774.
The Journal may neither be read nor approved until a quorum has
appeared. Volume IV, section 2732.
The Journal may not be approved until a quorum has appeared. Volume VI,
section 629.
The Journal makes no mention of its own approval, except when a
question is raised and a vote taken. Volume IV, section 2780.
While the Journal must be read in full on the demand of any Member such
demand comes too late after the Journal has been approved. Volume VI,
section 626.
No business is in order until the Journal has been approved. Volume VI,
section 637.
The transaction of business is not in order before the reading and
approval of the Journal. Volume VI, section 629.
The transaction of business, however highly privileged, is not in order
before the reading and approval of the Journal. Volume VI, section 630.
Ordinarily no business may be transacted before the reading and
approval of the Journal, although for a brief period another rule
prevailed as to certain highly privileged matters. Volume IV, sections
2752-2756.
The Speaker declined to entertain a motion to approve the Journal
without reading in full. Volume VI, section 628.
A motion to suspend the rules and approve the Journal was held in
order, although the Journal had not been read, and the then highly
privileged motion to fix the day to which the House should adjourn was
pending. Volume IV, section 2758.
The granting by the House of unanimous consent to dispense with the
reading of the Journal implies unanimous consent to its approval.
Volume VI, section 625.
The Journal of the last day of a session that has adjourned without day
is not read on the first day of the succeeding session. Volume IV,
section 2742.
On the last legislative day of a session the Journal is sometimes read
and approved, but the practice is very unusual. Volume IV, section
2745.
During the interim preceding the election of speaker and adoption of
rules the Journal of the proceedings is read and approved daily. Volume
VI, section 623.
The duty of preliminary approval of the Journal, the reference of bills
to committees and calendars, and similar matters of clerical routine
are largely delegated by the Speaker to the Clerk at the Speaker's
table. Volume VI, section 626.
APPROVAL.--Continued.
(2) Of the Journal.--Delayed.
Journals of more than one session remaining unapproved are taken up for
approval in chronological order, although the opposite ruling has once
been made. Volume IV, sections 2771-2773.
In 1839 the difficulties at organization prevented the daily approval
of the Journal until finally on one day the Journals of several days
were approved. Volume I, section 92.
The Question as to whether or not the Journal of the preceding day
should be read until the Journals of days prior to that day have been
approved. Volume IV, sections 2771-2773.
(3) Of the Journal.--In Relation to Amendments.
After the Journal has been approved amendments should not be ordered.
Volume IV, section 278.
A motion to amend the Journal takes precedence of the motion to approve
it. Volume IV, section 2760.
The motion to amend the Journal takes precedence of the motion to
approve it, but the motion to amend is not admitted after the preVI,ous
question has been demanded on the motion to approve. Volume VI, section
633.
A motion to amend the Journal may not be admitted after the preVI,ous
question is demanded on a motion to approve. Volume IV, section 2770.
The motion to amend the Journal may not be admitted after the preVI,ous
question is demanded on the motion to approve. Volume VIII, section
2684.
While the regular time for amending the Journal expires with its
approval yet this role has sometimes been waived for the correction of
a yea and nay vote. Volume IV, sections 2767-2769.
Where a vote actually given fails to be recorded, it is the right of
the Member to have the proper correction made before the approval of
the Journal. Volume V, sections 6061-6063.
Although the Journal had been approved the Speaker admitted as
privileged a motion to correct a manifest error which would deprive a
Member of certain rights as to the pending question. Volume IV, section
2788.
It is not in order to place on the Journal indirectly what the House
has refused to place there directly. Volume IV, section 2805.
An expression of opinion as to a decision of the Chair is not in order
as an amendment to the Journal. Volume IV, section 2848.
Discussion of the scope of the Speaker's power to correct the Journal
before it is read. Volume IV, section 2734.
(4) Of Bills.--Presentation to the President.
The rule and practice as to the enrolling and signing of bills and
their presentation to the President. Volume IV, section 3429.
Enrolled bills are presented to the President by the Committee on
Enrolled Bills. Volume IV, section 3429.
The certification and presentation of enrolled bills to the President
is governed by usage founded on former joint rules. Volume IV, section
3430.
The House originating a measure transmits it to the President or to the
Secretary of State, as the circumstances require. Volume VII, section
1085.
The Committee on Enrolled Bills reports for entry on the Journal the
date of presentation of bills to the President. Volume IV, section
3430.
Instance wherein a bill enrolled and signed by the presiding officers
of the two Houses of one session was sent to the President and approved
at the next session. Volume IV, section 3486.
A concurrent resolution to send to the President for approval bills
which had passed both Houses in the preVI,ous session of the same
Congress but which for want of time failed to reach him was treated as
privileged. Volume VII, section 1086.
APPROVAL--Continued.
(4) Of Bills.--Presentation to the President--Continued.
A bill wrongly enrolled was recalled from the President, who erased his
signature, and recommitted to the Committee on Enrolled Bills with
instructions. Volume IV, section 3506.
The return of a bill which has gone to the President of the United
States is requested by concurrent resolution, and such resolution when
received from the Senate is treated as privileged. Volume VII, section
1090.
A bill sent to the President but not yet signed by him was recalled by
concurrent resolution. Volume VII, section 1091.
Instance wherein an enrolled bill recalled from the President was
afterwards amended. Volume VII, section 1091.
An error in a bill that has gone to the President of the United States
may be corrected by a joint resolution. Volume VII, section 1092.
The President requested a duplicate copy of a bill, lost after
transmission to him, by a message addressed to the House in which the
bill originated. Volume VII, section 1093.
A resolution for the reenrollment and signing of a bill which the
President had declined to sign for constitutional reasons was held to
be privileged. Volume IV, section 3493.
(5) Of Bills.--As to What Measures Must be Presented.
Every bill which was passed the two Houses is presented to the
President for his signature if he approve. Volume IV, section 3482.
In general, orders, resolutions, and votes in which the concurrence of
the two Houses is necessary must be presented to the President on the
same condition as bills. Volume IV, section 3482.
The question as to whether or not concurrent resolutions should be sent
to the President for his signature. Volume IV, section 3484.
The question as to whether concurrent resolutions should be sent to the
President for his signature. Volume VII, section 1084.
Although the requirement of the Constitution seems specific, the
practice of Congress has been to present to the President for approval
only such concurrent resolutions as are legislative in effect. Volume
IV, section 3483.
A concurrent resolution proVI,ding for final adjournment of the two
Houses is not presented to the President for approval. Volume IV,
section 3482.
It has been conclusively settled that a joint resolution proposing an
amendment to the Constitution should not be presented to the President
for his approval. Volume V, section 7040.
(6) Of Bills.--Form and Effect of Signature.
The approval of a bill by the President of the United States is valid
only with his signature. Volume IV, section 3490.
At the close of the Fifty-ninth Congress the President approved bills
as of the hour and minute of the calendar day instead as of the
legislative day. Volume IV, section 3489.
The act of President Tyler in filing with a bill an exposition of his
reasons for signing it was examined and severely criticized by a
committee of the House. Volume IV, section 3492.
In 1842 a committee of the House discussed the act of President Jackson
in writing above his signature of approval a memorandum as to his
construction of the bill. Volume IV, section 3492.
A statute requires that bills signed by the President shall be received
by the Secretary of State from the President. Volume IV, section 3485.
An enrolled bill, when signed by the President, is deposited in the
office of Secretary of State. Volume IV, section 3429.
If a bill before the disposal of a motion to reconsider the vote on its
passage should be enrolled, signed, and approved by the President, its
validity as a law probably could not be questioned (footnote). Volume
V, section 5704.
APPROVAL--Continued.
(7) Of Bills.--In Relation to Recess.
It may be regarded as settled that the President of the United States
may effectively approve a bill when Congress is in recess for a
specified time. Volume IV, section 3493.
The President, in the opinion of the Attorney-General, may sign a bill
at any time within ten days after Congress has adjourned for a recess.
Volume IV, section 3496.
An instance where the President signed bills after Congress had
adjourned for a recess. Volume VII, section 1087.
President Johnson contended that he might not approve bills during a
recess of Congress. Volume IV, sections 3493, 3494.
A question as to the return of a vetoed bill, Congress being in recess
beyond the limit of ten days. Volume IV, section 3496.
(8) Of Bills.--In Relation to Adjournment.
A bill not returned by the President within ten days (Sundays excepted)
becomes a law as if signed, unless Congress, by adjournment, prevents
its return. Volume IV, section 3520.
An instance wherein the President signed a bill after the adjournment
of Congress. Volume IV, section 3497.
The President, in the opinion of the Attorney General, has the power to
approve bills after adjournment sine die of the Congress which has
passed them, but within 10 days (Sundays excepted) after they have been
presented to him. Volume VII, section 1088.
It is usual for the President to inform the House by message of such
bills as he has approved and of such as have become laws without his
approval. Volume V, sections 6614, 6615.
The President sometimes at the close of a Congress informs the House as
to both the bills he has signed and those he has allowed to fail.
Volume IV, sections 3499-3502.
An instance where the President communicated his omission to sign a
bill through the committee appointed to notify him that Congress was
about to adjourn. Volume IV, section 3504.
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
6613-6620.
The President usually notifies the House of bills that have become laws
without his approval. Volume IV, section 3503.
(9) Of Bills.--Messages Announcing.
The President usually informs the House of his signature to a bill, but
this is not necessary to the validity of the act. Volume IV, section
3495.
Announcement of approval of a bill by the President is transmitted to
the House in which the bill originated. Volume VII, section 1089.
An instance where the President in announcing his approval of a bill
gave his reasons for so doing. Volume IV, section 3491.
Messages from the Senate and President giving notice of bills passed or
approved are entered in the Journal and published in the Record. Volume
V, section 6593.
(10) Of Bills.--Returned Without Approval.
A bill which the President does not approve he returns with his
objectives to the House in which it originated. Volume IV, section
3520.
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 IV, section 3520.
If two-thirds of the House to which a bill is returned with the
President's objections agree to pass it and then two-thirds of the
other House agree it becomes law. Volume IV, section 3520.
On a vote on passing a bill returned with the objections of the
President the yeas and nays are required to be entered into the
Journal. Volume IV, section 3520.
APPROVAL--Continued.
(10) Of Bills.--Returned Without Approval--Continued.
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.
When a bill returned without the President's approval is passed by the
two Houses the Secretary of State receives the bill from the Presiding
Officer of the House in which it last was passed. Volume IV, section
3485.
Since the enactment of the statute the House takes no special action in
relation to transmitting to the Secretary of State bills passed over
the President's veto. Volume IV, sections 3528, 3529.
Before the enactment of the statute the House diverted the Clerk to
take to the Secretary of State its bills passed over the President's
veto. Volume IV, sections 3525-3527.
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.
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.
Vetoed bills are sometimes referred to committees and not acted on
further (footnote). Volume IV, section 3523.
In the Senate also a motion to refer a vetoed bill has been held in
order. Volume IV, section 3550.
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 vetoed bill having been rejected by the House the message was
referred. Volume IV, section 3552.
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.
ARBITRATION.
The Committee on Labor has reported on the subject of arbitration as a
means of getting labor troubles. Volume IV, section 4246. Volume VII,
section 1979.
The subjects of extradition with foreign nations, international
arbitration, and violations of neutrality have been within the
jurisdiction of the Committee on Foreign Affairs. Volume IV, section
4178a.
In 1916 the House originated and the Senate agreed to a measure
authorizing the President to invite a conference of Governments of the
world to consider the establishment of a Court of Arbitration. Volume
VI, section 329.
ARBORETUM.
The importation and interstate transportation of trees, shrubs, and
other nursery stock, quarantine regulations against insect pests and
plant diseases, and the establishment of a national arboretum are
subjects within the jurisdiction of the Committee on Agriculture.
Volume VII, section 1863.
ARCHBALD, ROBERT W.
The impeachment and trial of Robert W. Archbald, U.S. Circuit Judge.
Volume VI, sections 498-512.
ARCHER.
The Illinois election case of Archer v. Allen in the Thirty-fourth
Congress. Volume I, section 824.
ARCHITECT OF THE CAPITOL.
The Capitol power plant and its service, like the House Office
Building, are under the control of the Architect of the Capitol subject
to the approval of the House Office Building Commission. Volume VIII,
section 3656.
The House Office Building and its service are under the supervision of
the Architect of the Capitol, subject to the approval and direction of
the House Office Building Commission. Volume VIII, section 3646.
ARCHITECT, SUPERVISING.
Legislation relating to the Office of the Supervising Architect of the
Treasury is within the jurisdiction of the Committee on Public
Buildings and Grounds. Volume IV, section 4232.
ARID PUBLIC LANDS.
Legislative propositions relating to the care of waters on arid public
lands belong to the jurisdiction of the Committee on the Public Lands
and not the Committee on Irrigation and Reclamation. Volume VII,
section 1931.
ARKANSAS.
In 1873 objection was made both to the substance and form of the
electoral certificate of Arkansas, and the two Houses disagreeing the
vote was not counted. Volume III, section 1969.
Election cases from in the House:
Seventeenth Congress.--Lyon v. Bates. Volume I, section 749.
Twenty-ninth Congress.--Thomas W. Newton. Volume I, section 489.
Twenty-ninth Congress.--Newton and Yell. Volume I, section 572.
Twenty-ninth Congress.--Archibald Yell. Volume I, section 488.
Thirty-eighth Congress.--Johnson, Jacks and Rogers. Volume I, section
380.
Forty-second Congress.--Boles v. Edwards. Volume I, sections 605-608.
Forty-third Congress.--Bell v. Snyder. Volume II, section 900.
Forty-third Congress.--Bradley v. Hynes. Volume II, section 901.
Forty-third Congress.--Gause v. Hodges. Volume II, sections 892-894.
Forty-third Congress.--Gunter v. Wilshire. Volume I, section 37.
Forty-sixth Congress.--Bradley v. Slemonds. Volume II, sections 936-
938.
Fifty-first Congress.--Clayton v. Breckinridge. Volume II, sections
1018, 1019.
Fifty-first Congress.--Featherstone v. Cate. Volume II, sections 1022-
1024.
Election cases from in the Senate:
Thirty-eighth Congress.--Fishback and Baxter. Volume I, section 382.
Fortieth Congress.--Jones and Gardner v. McDonald and Rice. Volume I,
section 389.
ARKANSAS HOT SPRINGS.
Subjects relating to Arkansas Hot Springs Reservation are within the
jurisdiction of the Committee on Public Lands. Volume IV, section 4200.
ARMAMENT.
The disposition of war trophies and devices and the distribution of
obsolete weapons and armament are subjects within the jurisdiction of
the Committee on Military Affairs. Volume VII, section 1895.
ARMED FORCES.
The driving of voters from the polls by armed force in the majority of
the precincts of a county caused the rejection of the returns of the
entire county. Volume II, section 968.
Although excitement and alarm prevailed in a county, with the presence
of an armed force in the neighborhood of the polls, the committee did
not recommend the rejection or correction of the vote. Volume I,
section 604.
Discussion as to whether or not the mere presence of United States
troops near the polls constituted undue influence justifying rejection
of the returns. Volume II, section 926.
ARMED FORCES--Continued.
The mere presence of United States soldiers in the neighborhood of the
polls, unaccompanied by disorderly or threatening conduct, does not
vitiate the poll. Volume II, section 906.
Discussion as to whether the distribution of United States soldiers in
the neighborhood of the polls justified rejection of returns for
intimidation. Volume II, section 925.
ARMIES.
No appropriation for the support of armies shall be for a longer term
than two years. Volume IV, section 3571.
Interpretation of the constitutional provision limiting the duration of
appropriations for the support of armies. Volume IV, section 3572.
ARMORIES.
The maintenance and equipment of arsenals and armories are within the
jurisdiction of the Appropriations Committee, while the Military
Affairs Committee has charge of the manufacture of small arms,
equipments, etc. Volume IV, sections 4045-4047.
ARMS.
The maintenance and equipment of arsenals and armories are within the
jurisdiction of the Appropriations Committee, while the Military
Affairs Committee has charge of the manufacture of small arms
equipments, etc. Volume IV, sections 4043-4047.
ARMSTRONG.
The election case of Burleigh and Spink v. Armstrong from Dakota
Territory in the Forty-second Congress. Volume II, section 889.
ARMY.
(1) Jurisdiction of subjects relating to.
(2) Acceptance of incompatible office in.
(3) Power to investigate conduct of officers of.
(4) Ceremonies of respect for officers of.
(5) In general.
(1) Jurisdiction of Subjects Relating to.
The rules give to the Committee on Military Affairs jurisdiction of
subjects relating ``to the military establishment and the public
defense.'' Volume IV, section 4179.
The Committee on Military Affairs reports two general appropriation
bills, one for the Army and the other for the Military Academy. Volume
IV, section 4180.
Appropriations for the military establishment and the public defense,
including the Military Academy, are by rule placed within the
jurisdiction of the Committee on Military Affairs. Volume IV, section
4179.
Legislative authorization for construction of buildings for use of the
Army and provisions for the control thereof are generally within the
jurisdiction of the Committee on Military Affairs. Volume IV, section
4183.
Bills pertaining to Military Aviation and Army Aeronautics are reported
by the Committee on Military Affairs. Volume VII, section 1903.
Legislative proposals relating to claims for expenses incurred under
direction of the Army personnel belong to the jurisdiction of the
Committee on Claims and not the Committee on Military Affairs. Volume
VII, section 1998.
The use of Army transports and authorizations and regulations for the
transportation of civilians thereon are subjects within the
jurisdiction of the Committee on Military Affairs. Volume VII, section
1896.
(2) Acceptance of Incompatible Office in.
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.
ARMY--Continued.
(2) Acceptance of Incompatible Office in--Continued.
A Member who had been mustered into the military service of the United
States was held by the Elections Committee to have forfeited his right
to a seat. Volume I, section 490.
In 1898 the Judiciary Committee found that four Members, by accepting
commissions in the Army, and being mustered into the service after
taking the oath as Representatives, thereby vacated their seats. Volume
I, section 494.
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.
An opinion of the Judiciary Committee that persons on the retired list
of the Army do not hold office under the United States in the
constitutional sense. Volume I, section 494.
Form of resolution declaring vacant the seat of a Member who had become
an officer in the Army. Volume I, sections 488-490.
(3) Power to Investigate Conduct of Officers of.
In 1810 the House after mature consideration determined that it had the
right to investigate the conduct of General Wilkinson, although he was
not an officer within the impeaching power of the House. Volume III,
section 1727.
The House having investigated charges against General Wilkinson of the
Army, the results were transmitted to the President by the hands of a
committee. Volume III, section 1727.
The House by resolution called on two of its Members to state what they
knew concerning charges against the Chief of the Army, then under
discussion. Volume III, section 1726.
In 1807 the House after mature consideration declined to investigate
charges against the Chief of the Army, but requested the President to
make such an inquiry. Volume III, section 1726.
A letter from an individual charging an officer of the Army with
corruption was considered and an investigation was ordered. Volume III,
section 1742.
(4) Ceremonies of Respect for Officers of.
Eminent American soldiers have been received informally by the House.
Volume V, sections 7076-7079.
Ceremonies at the joint session to receive General Pershing. Volume
VIII, section 3535.
Observances of the House on occasions of the deaths of high officers of
the Army. Volume V, sections 7201-7207.
Observances of the House on occasions of the deaths of distinguished
officers of the Army and Navy. Volume VIII, section 3592.
The House generally did not adjourn in tribute to the memories of high
officers of the Revolution. Volume V, section 7211.
The House appointed a committee to attend the transfer of the remains
of General Rosecrans. Volume V, section 7212.
(5) In General.
Discussion as to the power of the Senate sitting on impeachment trials
to command assistance of the military, naval, or civil service of the
United States. Volume III, section 2158.
No officer of the Army or Navy shall prescribe qualifications of voters
or interfere with the suffrage. Volume I, section 512.
Service in the United States Army does not disqualify as a voter at the
legal place of residence but residence may not be acquired by length of
time quartered under Army orders in any particular place. Volume VI,
section 148.
Rank and prerogatives of Senators and Representatives when moving with
the Army. Volume VIII, section 3674.
ARMY, GENERAL OF.
A communication from the General of the Army transmitted directly,
instead of through the Secretary of War, was received and referred,
although occasioning some criticism. Volume V, section 6653.
ARMY POST.
While an appropriation for a new army post was held to involve
legislation, a general appropriation for the shelter and protection of
troops was held to be in order. Volume V, section 5783.
ARNELL.
The Tennessee election case of Thomas v. Arnell in the Thirty-ninth
Congress. Volume I, section 680.
ARNOLD.
The Tennessee election case of Arnold v. Lea in the Twenty-first
Congress. Volume I, section 778.
ARRAIGNMENT.
(1) Of Members for absence.
(2) Of an officer of the House or of the Senate.
(3) For breach of privilege.
(4) Of a contumacious witness.--Procedure generally.
(5) Of a contumacious witness.--Instance of.
(6) Of a contumacious witness.--Discharged on agreeing to testify.
(7) Of a contumacious witness.--Committed to custody.
(8) Of a contumacious witness.--Answer in improper form.
(9) Of a contumacious witness.--Answer in writing.
(10) Of a contumacious witness.--Oral answer.
(11) Of a contumacious witness.--Counsel for.
(1) Of Members for Absence.
A Member under arrest for absence may not, when called on for an
excuse, question the authority of the House. Volume IV, section 3023.
Less than a quorum may not order the arraignment of absent Members at a
future meeting of the House. Volume IV, sections 3032-3035.
A quorum appearing on a call, the House sometimes orders absent Members
to be arraigned on the succeeding day. Volume IV, sections 3030, 3031.
(2) Of an Officer of the House or of the Senate.
The Clerk being arraigned to answer charges, leave was given him to
address the House. Volume I, section 287.
An officer of the House being arraigned for neglect of duty it was
voted that he might answer orally. Volume I, section 291.
The Clerk being arraigned and addressing the House in his defense the
Journal merely records the fact. Volume I, section 287.
The Journal recorded the substance of the oral answer of an officer of
the House arraigned at the bar for neglect of duty. Volume I, section
291.
In response to charges made in open session, an officer of the Senate
appeared voluntarily at the bar and being arraigned declined counsel.
Volume VI, section 37.
In arraigning one of its officers the Senate declined to require that
questions be reduced to writing, and elected to interrogate him orally.
Volume VI, section 37.
(3) For Breach of Privilege.
Form of arraignment of Randall and Whitney in 1795. Volume II, section
1600.
Samuel Houston, arrested for a breach of privilege, was arraigned at
the bar of the House, informed of the charge, and informed that he
might summon witnesses and employ counsel. Volume II, section 1616.
ARRAIGNMENT--Continued.
(3) For Breach of Privilege--Continued.
A person arraigned at the bar of the House must be dealt with in strict
accordance with the terms of the resolution ordering his arrest and
arraignment. Volume II, section 1635.
A person arraigned for contempt submitted a statement in writing, which
did not appear in full in the Journal. Volume II, section 1635.
Instance wherein the House amended its charges against a person already
arraigned for contempt. Volume II, section 1600.
Members are not permitted to communicate with a prisoner arraigned at
the bar of the House. Volume II, section 1626.
The Speaker held that Members might not confer with a respondent
arraigned at the bar of the House. Volume VI, section 333.
A person who had assaulted a Member on his way to the House, but at a
place distant therefrom, was arrested on warrant of the Speaker and
arraigned at the bar. Volume II, section 1626.
A citizen having assaulted a Member for words spoken in debate, the
House arrested, arraigned, and censured him. Volume VI, section 333.
The House arrested and arraigned at the bar a newspaper reported for
alleged statements reflecting on the integrity of a Member. Volume III,
section 1635.
The House permitted a person arraigned for contempt in 1795 to be
represented before the House by counsel. Volume II, section 1601.
A person on trial at the bar of the Senate was to be present the
arraignment and examinations, but to retire during deliberations.
Volume II, section 1604.
Form of proceedings at the arraignment and censure of Charles C.
Glover. Volume VI, section 333.
(4) Of a Contumacious Witness.--Procedure Generally.
A person under arrest for contempt is arraigned before being required
to answer. Volume III, section 1685.
A contumacious witness should not be proceeded against for contempt,
either before the House or under the law, until he has been arraigned
and answered at the bar of the House. Volume III, section 1685.
Form of arraignment of a recalcitrant witness at the bar of the House.
Volume III, section 1669.
Form of arraignment adopted in the case of Willliamson. Volume III,
section 1673.
An instance wherein a person was arraigned at the bar without a
previous order of the House fixing the form of procedure. Volume III,
section 1689.
In the Woolley case the House did not furnish to the respondent a copy
of the report of the committee at whose suggestion he was arraigned.
Volume III, section 1685.
Form of arraignment adopted in the Wolcott case. Volume III, section
1671.
A person on trial at the bar of the House for contempt was given
permission to examine witnesses. Volume III, section 1668.
The House ordered that Whitney, under arrest for contempt, should be
furnished with a copy of the report as to his alleged contempt before
arraignment. Volume III, section 1667.
In the Steward case the questions and answers at the examination were
recorded in the Journal, the answers being oral and not under oath.
Volume III, section 1689.
The respondent retired while the House deliberated on the mode of
procedure in a case of contempt. Volume III, section 1668.
(5) Of a Contumacious Witness.--Instance of.
In 1837, for refusing to obey the subpoena of a committee, Reuben W.
Whitney was arrested and tried at the bar of the House. Volume III,
section 1667.
In 1857 the House arrrested and arraigned at its bar Joseph L. Chester,
a contumacious witness. Volume III, section 1670.
ARRAIGNMENT--Continued.
(5) Of a Contumacious Witness.--Instance of--Continued.
In 1858 the House arrested and arraigned J.D. Williamson for contempt
in declining to respond to a subpoena. Volume III, section 1673.
The witness Kilbourn was arraigned without previous adoption of a form.
Volume II, section 1608.
James W. Simonton, a witness before a House committee, was arrested and
arraigned at the bar for declining to answer a material question.
Volume III, section 1669.
(6) Of a Contumacious Witness.--Discharge on Agreeing to Testify.
In 1880 three recalcitrant witnesses were arraigned at the bar of the
Senate, and having purged themselves of contempt were discharged.
Volume III, section 1702.
A person who had failed to respond to a summons was arrested and
arraigned, and his excuse being satisfactory the House ordered that he
be discharged when he should have testified. Volume III, sections 1674,
1675.
Persons in contempt for declining to testify or obey a subpoena have
frequently given their testimony and been discharged without
arraignment before the House. Volume III, sections 1676-1682.
A person whose arrest had been ordered for neglect to obey a subpoena
having appeared and testified, the House arraigned him and then
discharged him. Volume III, section 1687.
Instances wherein witnesses arraigned for contempt and agreeing to
testify have not been discharged until the testimony has been given.
Volume III, section 1688.
A witness being arraigned for contempt in refusing to answer a
pertinent question asked by a committee, agreed, when arraigned, that
he would answer if so ordered by the House. Volume III, section 1692.
A witness arrested for contempt in refusing to answer promised to
respond, and was thereupon discharged and ordered before the committee.
Volume III, section 1694.
(7) Of a Contumacious Witness.--Committed to Custody.
A witness have declined to answer a pertinent question before a select
committee was arraigned before the House, and, persisting in contumacy,
was committed. Volume III, section 1666.
A recalcitrant witness, having remained obdurate when arraigned at the
bar, was committed to custody. Volume III, section 1669.
It is for the House and not the Speaker to determine whether or not a
person arraigned for contempt shall be heard before being ordered into
custody. Volume III, section 1684.
(8) Of a Contumacious Witness.--Answer in Improper Form.
A witness arraigned for contempt, having in his answer questioned the
power of the House, was permitted to file an amended answer, which was
printed om full in the Journal. Volume III, section 1673.
A witness having, when arraigned for contempt, submitted an answer
disrespectful to the House, was ordered into custody for contempt.
Volume III, section 1693.
A person arraigned at the bar for contempt was permitted to amend his
answer. Volume III, section 1696.
(9) Of a Contumacious Witness.--Answer in Writing.
In an arraignment in 1877 the answer of the respondent, prepared by his
counsel, was attested. Volume III, section 1696.
Several persons arraigned at the bar together for contempt, made an
answer in writing and signed but not sworn to. Volume III, section
1698.
Being arraigned for contempt, George F. Seward presented a written
statement signed by himself and counsel, but not attested, and this
answer appears in full in the Journal. Volume III, section 1699.
ARRAIGNMENT--Continued.
(9) Of a Contumacious Witness.--Answer in Writing--Continued.
In the Wolcott case the respondent when arraigned presented two
answers, each in writing, sworn and subscribed, one of which appears in
the Journal, while the other does not. Volume III, section 1671.
A witness having responded orally when arraigned for contempt it was
required that the answer be in writing. Volume III, section 1684.
The answers at the arraignment in the Woolley case were in writing and
one was sworn to, but neither appears in the Journal. Volume III,
section 1685.
Instance wherein the answer of a person arraigned for contempt was in
writing, but not sworn to and not recorded in the Journal. Volume III,
section 1687.
When arraigned the witness Kilbourn submitted a written, unsworn
answer, which does not appear in the Journal. Volume II, section 1609.
(10) Of a Contumacious Witness.--Oral Answer.
A witness arraigned for contempt answered orally and without being
sworn. Volume III, section 1701.
A witness arraigned at the bar of the House for contempt was permitted
to answer orally. Volume III, section 1669.
Witnesses arraigned for contempt have frequently answered orally and
not under oath. Volume III, section 1688.
An instance wherein a witness arraigned for contempt was allowed to
make an unsworn oral statement, which in fact was an argument as well
as an answer. Volume III, section 1689.
In the Irwin case the respondent on being arraigned made an oral
unsworn answer, which does not appear in the Journal. Volume III,
section 1690.
A witness arraigned at the bar for contempt and having already
submitted his written answer was allowed by unanimous consent to make a
verbal statement. Volume III, section 1686.
(11) Of a Contumacious Witness.--Counsel for.
In the resolution ordering the arrest and arraignment of Whitney the
House at the same time gave him permission to have counsel. Volume III,
section 1667.
A witness arraigned for contempt was accompanied by his counsel, but
his request that he be heard by counsel was granted only to the extent
of being permitted to respond in writing. Volume III, section 1696.
The House denied to Kilbourn the services of counsel at his arraignment
for contempt. Volume II, section 1608.
In 1812 the opinion of the House seems to have been against permitting
counsel to a contumacious witness arraigned at the bar of the House
(footnote). Volume III, section 1666.
ARRANGEMENTS.
Arrangements for the inauguration of the President elect and Vice
President of the United States made by a joint committee of the two
Houses. Volume VI, section 451.
The concurrent resolution creating a joint committee authorized to
arrange for the quadrennial inauguration ceremonies is considered
sufficient authorization for the necessary appropriations for that
purpose. Volume VI, section 452.
Arrangements for the inauguration of the President of the United
States, in 1933. Volume VI, section 453.
ARREST.
(1) Privilege of Members from.
(2) Of Members for absence.--Speaker's warrant.
(3) Of Members for absence.--Under new rule for call of the House.
(4) Of Members for absence.--General practice under the old rule.
ARREST.--Continued.
(5) Of Members for absence.--Continuing orders.
(6) Of Members for absence.--Excuses of.
(7) Of Members for absence.--Their votes.
(8) Of Members for absence.--In reference to end of the call.
(9) Of Members for other reasons.
(10) Of an officer of the House.
(11) Of witnesses for contempt.--General practice.
(12) Of witnesses for contempt.--Instances of.
(13) Of witnesses for contempt.--Counsel of.
(14) Of witnesses for contempt.--Discharge of.
(15) Of other persons by House.
(16) Of respondent in an impeachment.
(17) Practice as to warrant and return.
(18) Imprisonment.
(1) Privilege of Members from.
The Constitution grants to Members privilege from arrest under certain
conditions. Volume III, section 2670.
The constitutional privilege of Members in the matter of arrest has
been construed to exempt from subpoena during sessions of Congress.
Volume VI, section 588.
The words ``treason, felony, and breach of the peace'' in the
constitutional guarantee of privilege have been construed to mean all
indictable crimes. Volume III, section 2673.
Interpretation of word ``felony'' as related to the privilege of a
Member from arrest. Volume III, section 2676.
On suggestion based on a newspaper report the House investigated the
arrest and detention of a Member by authority of a court. Volume III,
section 2676.
A Member having been arrested and detained under mesne process in a
civil suit, the House liberated him and restored him to his seat by the
hands of its own officer. Volume III, section 2676.
The House has decided that a Member arrested during vacation was
entitled to discharge from arrest and imprisonment on the assembling of
Congress. Volume III, section 2676.
Jefferson's discussion of the privilege conferred on Members by the
Constitution, especially as to arrest, summons, etc. Volume III,
section 2672.
All criminal offenses are comprehended by the terms ``treason, felony,
and breach of the peace,'' as used in the Constitution, excepting these
cases from the operation of the privilege from arrest therein conferred
upon Senators and Representatives during their attendance of the
sessions of their respective Houses, and in going to and returning from
the same. Volume VI, section 589.
(2) Of Members for Absence.--Speaker's Warrant.
Discussion of the authority of the Speaker to issue a warrant for the
arrest of absent Members during a call of the House. Volume IV, section
3043.
A motion directing the Speaker to issue his warrant for the arrest of
absent Members being pending, a motion to dispense with further
proceedings under the call was ruled out. Volume IV, section 3036.
Form of warrant for the arrest of absent Members under the old rule for
a call of the House (footnote). Volume IV, section 2982.
Form of warrant issued under the new rule for a call of the house
(footnote). Volume IV, section 3041.
Form of resolution for the arrest of Members absent without leave.
Volume VI, section 686.
Form of resolution for directing the Sergeant at Arms to arrest absent
Members. Volume VI, section 684.
A Member having escaped from arrest during a call of the House it was
held that he might not be brought back on the same warrant. Volume IV,
section 3022.
ARREST--Continued.
(2) Of Members for Absence.--Speaker's Warrant--Continued.
A Member complaining that he had been wrongfully arrested during a call
of the House the House ordered the Sergeant-at-Arms to investigate and
amend the return of his writ. Volume IV, section 3021.
A motion directing the Speaker to issue warrant for arrest of absentees
may be entertained during proceedings to secure the attendance of a
quorum. Volume VI, section 681.
The House having agreed to a motion directing the issuance of a warrant
for arrest of absentees during proceedings to secure a quorum, the
Speaker disregarded the direction and declined to sign the warrant.
Volume VI, section 681.
The Sergeant-at-Arms having made no report of this execution of an
order of arrest and no excessive delay appearing, a motion summoning
him to report was held not to be of privilege. Volume III, section
2618.
A resolution authorizing the Sergeant-at-Arms to arrest absentees is
not debatable. Volume VI, section 686.
(3) Of Members for Absence.--Under New Rule for Call of the House.
The process of arresting absent Members under the new rule for a call
of the House. Volume IV, section 3041.
Proceedings of arrest of Members and arraignment at the bar, under
section 4 of Rule XV, for securing attendance of a quorum. Volume IV,
section 3044.
Under the new rule for a call of the House a resolution of the House is
not required to empower the Sergeant-at-Arms to bring in absentees.
Volume IV, section 3049.
On a call of the House under the new rule the Sergeant-at-Arms is
required to detain those Members who are present and bring in
absentees. Volume IV, sections 3045-3048.
Instance wherein the House authorized the Speaker to issue warrant for
the arrest of absentees Volume VI, section 638.
A proposition to arrest members absent without leave is in order during
proceedings to secure a quorum. Volume VI, section 685.
Instance wherein the House ordered the arrest of absentees during
proceedings to secure a quorum. Volume VI, section 686.
Under a call of the House warrants for the arrest of Members may be
issued by the Speaker pro tempore. Volume VI, section 688.
The process of arresting absent Members under a call of the House.
Volume VI, section 690.
Under the rule for a call of the House, the Speaker issues warrants for
arrest of absentees without further authorization from the House.
Volume VI, section 702.
(4) Of Members for Absence.--General Practice Under the Old Rule.
Form of resolution for directing the Sergeant-at-Arms to arrest absent
Members (footnote). Volume VI, section 3018.
Under the old rule for a call of the House an order of arrest for
absent Members may be made after a single calling of the roll. Volume
IV, sections 3015, 3016.
On a call of the House the Sergeant-at-Arms is required to execute an
order of arrest wherever the Members referred to may be found. Volume
IV, section 3017.
A proposition to arrest Members who absent themselves after answering
on a call of the House is in order during continuance of the call.
Volume IV, section 3018.
A Member who appears and answers during a call of the House is not
subject to arrest for absence. Volume IV, section 3019.
Leave for a committee to sit during sessions of the House does not
release its Members from liability to arrest during a call of the
House. Volume IV, section 3020.
For permitting a Member under arrest to escape, the Doorkeeper was
arraigned at the bar of the House. Volume I, section 291.
Those present on a call of the House may prescribe a fine as the
condition on which an arrested Member may be discharged. Volume IV,
sections 3013, 3014.
ARREST--Continued.
(5) Of Members for Absence.--Continuing Orders.
A quorum appearing on a call the House sometimes orders absent Members
to be arraigned on the succeeding day. Volume IV, sections 3030, 3031.
Less than a quorum may not order the arraignment of absent Members at a
future meeting of the House. Volume IV, sections 3032-3035.
Under proceedings of a call of the House, and sometimes by less than a
quorum, the House has made an order of arrest which continued beyond
that day's session. Volume IV, sections 3025-3029.
Instance wherein the Sergeant-at-Arms reported at the bar of the House
his proceedings under a continuing order of arrest. Volume IV, section
3017.
A question as to the constitutionality and propriety of a continuing
order of arrest was held not to supersede a motion to discharge the
Sergeant-at-Arms from further execution of the order. Volume III,
section 2617.
(6) Of Members for Absence.--Excuses of.
A Member under arrest for absence may not, when called on for an
excuse, question the authority of the House. Volume IV, section 3023.
After the roll has been called for excuses and the House has ordered
the arrest of those who are unexcused, a motion to excuse an absentee
is in order when he is brought to the bar. Volume IV, section 3012.
Pairs do not excuse from attendance or exempt from arrest under a call
of the House. Volume III, section 3081.
(7) Of Members for Absence.--Their Votes.
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.
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.
The former practice of presenting Members at the bar during a call of
the House is obsolete, and Members now report to the Clerk and are
recorded without being formally excused unless brought in under
compulsion. Volume VI, section 684.
(8) Of Members for Absence.--In Reference to End of the Call.
The motion to dispense with proceedings under a call is in order,
although Members under arrest may not have had opportunity to make
excuses. Volume IV, section 3039.
A motion to dispense with proceedings under the call, having been once
entertained, was ruled not to be in order again pending a motion for
the arrest of absent Members. Volume IV, section 3037.
A motion to dispense with proceedings under a call of the House is not
in order pending a motion that the Sergeant-at-Arms take into custody
absent Members. Volume IV, section 3029.
(9) Of Members for Other Reasons.
After abandoning a proposition to expel, the House arrested and
censured a Member for gross personalities aimed at another Member and
for deception of the Speaker when the latter had proposed to prevent
the utterances. Volume II, section 1251.
A Delegate who had used insulting language in debate and declined to
retract it was by order of the House arrested, brought to the bar, and
censured by the Speaker. Volume II, section 1305.
Proceedings when it is necessary to put a Member under arrest, or when
on public inquiry matter arises affecting a Member. Volume II, section
1238.
A committee asserted the power of the House to arrest and imprison
recalcitrant Members in order to compel obedience to its summons.
Volume VI, section 537.
ARREST--Continued.
(10) Of an Officer of the House.
The Clerk being arraigned and addressing the House in his defense, the
Journal merely records the fact. Volume I, section 287.
For misappropriation of funds the House arrested its Clerk and
arraigned him at the bar. Volume I, section 287.
The Clerk being arraigned to answer charges leave was given him to
address the House. Volume I, section 287.
An officer of the House being arraigned for neglect of duty it was
voted that he might answer orally. Volume I, section 291.
The arrest by a civil magistrate of an officer of the House for an act
performed in the service of the House was deemed a high breach of
privilege. Volume II, section 1605.
(11) Of Witnesses for Contempt.--General Practice.
An early discussion as to form of resolution ordering the arrest of a
contumacious witness. Volume III, section 1714.
A warrant for the arrest of a recalcitrant witness may issue without
previous subpoena where service on the witness is a question of doubt.
Volume VI, section 348.
The same presumption of regularity attaches to action by the Senate in
directing the arrest of a recusant witness that applies to the
proceedings of the courts. Volume VI, section 349.
In ordering the arrest of a witness for contempt the House embodied in
a preamble the report of the committee showing the alleged contempt.
Volume III, section 1701.
A subpoena having been served by a deputy sergeant-at-arms a
certificate of his appointment should accompany a report requesting
arrest of the witness for contempt. Volume III, section 1701.
A witness having declined to attend and produce documents, the Senate
by resolution ordered his arrest. Volume VI, section 339.
The House held valid a report transmitted by telegraph from an
investigating committee, and ordered the arrest of a person for
contempt on the strength of it. Volume III, section 1695.
The action of a subcommittee in arresting a recalcitrant witness having
been criticized in a letter addressed to the chairman, the committee
reported the proceedings to the House, with recommendations for an
investigation. Volume VI, section 531.
In providing for the arrest of a recalcitrant witness it is unnecessary
for the Senate in inditing the resolution to determine whether the
testimony sought and refused was pertinent to the inquiry. Volume VI,
section 347.
It was not thought necessary that mileage and fees should be tendered a
witness before arresting him for contempt in declining to answer.
Volume III, section 1701.
The order of arrest sometimes specifies that it shall be made either by
the Sergeant-at-Arms or his special messenger. Volume III, section
1688.
A question as to issuing a warrant for the arrest of a person who has
avoided a summons by seeking a foreign country. Volume III, section
1805.
Form of arraignment adopted in the Wolcott case. Volume III, section
1671.
Form of arraignment adopted in the case of Williamson. Volume III,
section 1673.
The witness Kilbourn was arraigned without previous adoption of a form.
Volume II, section 1608.
A witness contumacious before a committee is not given a second
opportunity in the committee before the House orders his arrest for
contempt. Volume III, section 1671.
A joint committee has ordered a contumacious witness into custody.
Volume III, section 1720.
The House ordered that Whitney, under arrest for contempt, should be
furnished with a copy of the report as to his alleged contempt before
arraignment. Volume III, section 1667.
A witness arraigned at the bar for contempt, and having already
submitted his written answers, was allowed by unanimous consent to make
a verbal statement. Volume III, section 1686.
ARREST--Continued.
(11) Of Witnesses for Contempt.--General Practice--Continued.
A witness having, when arraigned for contempt, submitted an answer
disrespectful to the House, he was ordered into custody for contempt.
Volume III, section 1693.
Instance wherein the answer of a person arraigned for contempt was in
writing, but not sworn to, and not recorded in the Journal. Volume III,
section 1687.
An instance wherein a person was arraigned at the bar without a
previous order of the House fixing the form of procedure. Volume III,
section 1689.
The respondent retired while the House deliberated on the mode of
procedure in a case of contempt. Volume III, section 1668.
A person arraigned at the bar of the House must be dealt with in strict
accordance with the terms of the resolution ordering his arrest and
arraignment. Volume II, section 1635.
A witness being arraigned for contempt in refusing to answer a
pertinent question asked by a committee, agreed, when arraigned, that
he would answer if so ordered by the House. Volume III, section 1692.
A witness having refused to answer certain questions propounded to him
by a special committee of the Senate duly authorized to investigate the
subject of inquiry, the Senate issued a warrant for this arrest and
certified its committee's report of the circumstances to the district
attorney. Volume VI, section 346.
In 1860 a proposition to arrest a Government official for refusing to
produce a paper which he declared to be entirely private in its nature
was abandoned after discussion. Volume III, section 1683.
Instances wherein the House has ordered arrests which do not appear to
have been made. Volume III, sections 1707-1711.
(12) Of Witnesses for Contempt.--Instances of.
In 1837, for refusing to obey the subpoena of a committee, Reuben M.
Whitney was arrested and tried at the bar of the House. Volume III,
section 1667.
In 1858 the House imprisoned John W. Wolcott for contempt in refusing,
as a witness, to answer a question which he contended was
inquisitorial, but which the House held to be pertinent. Volume III,
section 1671.
In 1857 the House arrested and arraigned at its bar Joseph L. Chester,
a contumacious witness. Volume III, section 1670.
In 1858 the House arrested and arraigned J. D. Williamson for contempt
in declining to respond to a subpoena. Volume III, section 1673.
James W. Simonton, a witness before a House committee, was arrested and
arraigned at the bar for declining to answer a material question.
Volume III, section 1669.
Various instances of arrest for contempt of the Senate. Volume III,
sections 1703-1706.
A witness having refused to testify before a subcommittee was arrested
and detained in custody. Volume VI, section 531.
(13) Of Witnesses for Contempt.--Counsel of.
In the resolution ordering the arrest and arraignment of Whitney the
House at the same time gave him permission to have counsel. Volume III,
section 1667.
A witness arraigned for contempt was accompanied by his counsel, but
his request that he be heard by counsel was granted only to the extent
of being permitted to respond in writing. Volume III, section 1696.
In an arraignment in 1877 the answer of the respondent prepared by his
counsel was attested. Volume III, section 1696.
A person having been arrested for contempt, a communication from his
counsel was laid before the House. Volume III, section 1695.
(14) Of Witnesses for Contempt.--Discharge of.
Persons in contempt for declining to testify or obey a subpoena have
frequently given their testimony and been discharged without
arraignment before the House. Volume III, sections 1676-1682.
Arrest--Continued.
(14) Of Witnesses for Contempt.--Discharge of--Continued.
A witness having promised when arraigned to testify before a committee,
the House gave him permission to do so, but did not discharge him from
custody until the committee reported that he had purged himself. Volume
III, section 1701.
A person who had failed to respond to a summons was arrested and
arraigned, and his excuse being satisfactory the House ordered that he
be discharged when he should have testified. Volume III, sections 1674,
1675.
A person whose arrest had been ordered for neglect to obey a subpoena
having appeared and testified, the House arraigned him and then
discharged him. Volume III, section 1687.
A witness being ordered by the House to answer a pertinent question
before a committee was then removed from the bar, and later, on report
of the committee that he had answered, was discharged. Volume III,
section 1692.
The House having ordered the arrest of a person who had failed to obey
a subpoena from a committee, and who later made explanation, an order
was passed discharging him without arraignment. Volume III, section
1691.
A witness arrested for contempt in refusing to answer promised to
respond, and was thereupon discharged and ordered before the committee.
Volume III, section 1694.
At the end of a Congress the House, by a general order, directed the
discharge of all persons in custody for contempt. Volume III, section
1698.
(15) Of Other Persons by House.
A person who had assaulted a Member on his way to the House, but at a
place distant therefrom, was arrested on warrant of the Speaker and
arraigned at the bar. Volume II, section 1626.
After debate the House ordered a warrant to issue for arrest of a
person who had violated its privileges by assaulting a Member. Volume
VI, section 332.
A citizen having assaulted a Member for words spoken in debate, the
House arrested, arraigned, and censured him. Volume VI, section 333.
On the evidence of Members, who in their places gave information of
attempts to bribe them, the House issued an order for the arrest of the
person charged with the offense. Volume II, section 1599.
A citizen having attempted to bribe a Member the House arrested, tried,
and punished him. Volume II, section 1606.
A person who had wounded one of the police of the Capitol was, by the
House, committed to the custody of the Sergeant-at-Arms while a
committee was instructed to investigate. Volume II, section 1561.
A spectator in the gallery having created disturbance, the Speaker
ordered his arrest. Volume II, section 1651.
The House arrested and arraigned at the bar a newspaper reporter for
alleged statements reflecting on the integrity of a Member. Volume II,
section 1635.
The supposed author of an anonymous newspaper charge against a Member
not named was arrested and interrogated at the bar of the House. Volume
II, section 1633.
The Senate committed John Nugent for contempt in publishing a treaty
pending in executive session. Volume II, section 1640.
William Duane, for a publication tending to defame the Senate, was
found guilty of contempt and imprisoned by order of that body. Volume
II, section 1604.
Form of proceedings at the trial of William Duane at the bar of the
Senate. Volume II, section 1601.
To obviate the necessity of clearing the galleries the Senate
authorized the Sergeant-at-Arms to arrest any person disturbing the
proceedings. Volume V, section 17311.
By direction of the House, the Speaker issued and the Sergeant-at-Arms
served a warrant for the arrest of a person charged with contempt of
the House. Volume VI, section 532.
Arrest--Continued.
(16) Of Respondent in an Impeachment.
It was concluded by a Senate committee in Pickering's impeachment that
the Senate had no power to take into custody the body of the accused.
Volume III, section 2324.
Upon the impeachment of William Blount the Senate took him into custody
and required bonds for his appearance, and informed the House thereof.
Volume III, section 2296.
A Senator impeached by the House of Representatives was arrested by
order of the Senate and released only on surety. Volume II, section
1263.
(17) Practice as to Warrant and Return.
Arrests are made by the Sergeant-at-Arms on authority of a warrant duly
signed, attested, and sealed, and on performing the duty that officer
makes return on the warrant. Volume II, section 1599.
The Speaker has authority to issue a warrant of arrest only by order of
the House. Volume I, section 287.
The Clerk being incapacitated, the House authorized the chief assistant
clerk to attest a warrant and exercise the other functions of the
Clerk. Volume I, section 287.
Form of warrant and return in case of arrest of a witness for
contumacy. Volume III, section 1671.
The Sergeant-at-Arms having arrested Williamson by order of the House
made his return verbally. Volume III, section 1673.
Verbal return of the Sergeant-at-Arms on presenting a witness under
arrest for contempt.Volume III, section 1697.
Form of warrant signed by the President of the Senate for taking
William Duane into custody. Volume II, section 1604.
In the Wolcott case the House provided that the resolution ordering him
to be taken into custody should be a sufficient warrant. Volume III,
section 1671.
Discussion of the power of the House to issue a general warrant. Volume
II, section 1606.
A warrant of commitment ``need not set forth the particular facts which
constitute the alleged contempt.'' Volume II, section 1640.
(18) Imprisonment.
The House declined to commit to custody an alleged contumacious witness
until he had been arraigned and answered at the bar of the House.
Volume III, section 1689.
The House having ordered a person into custody ``until he shall purge
himself of said contempt'' he was, on purging himself, discharged
without further order. Volume III, section 1684.
A discussion as to the power of the House to imprison for a period
after the adjournment of the session. Volume II, section 1629.
No court ``may inquire directly into the correctness or propriety'' of
a commitment by either House, or discharge the prisoner on habeas
corpus. Volume II, section 1640.
A person arrested by order of the House secured a writ of habeas corpus
and was released on his own recognizance. Volume VI, section 532.
The House having considered and determined the disposition of a person
in custody, a further proposition relating thereto was held not to
privileged. Volume III, section 1715.
A resolution relating to the discharge of a person in custody for
contempt is a matter of privilege. Volume III, section 1672.
Arsenals.
The maintenance and equipment of arsenals and armories are within the
jurisdiction of the Appropriations Committee, while the Military
Affairs Committee has charge of the manufactured of small arms,
equipment, etc. Volume IV, sections 4045-4047.
Art.
No work of art not the property of the Government shall be exhibited in
the Capitol and no room shall be used for private studios without
permission of the Joint Committee on the Library. Volume V, section
7312.
ART--Continued.
The rules give to the Joint Committee on the Library jurisdiction
``touching the Library of Congress, statuary, and pictures.'' Volume
IV, section 4337.
The acceptance of works of art for the Capitol and control of the
Botanic Garden are vested in the Committee on the Library. Volume IV,
section 4337.
Bills relating to the statues, paintings, and other works of art have
been reported by the House branch of the Joint Committee on the
Library. Volume VII, section 2082.
The arrangement of the Hall of the House and Statuary Hall, and the
acceptance of works of art to be placed therein are subjects within the
jurisdiction of the House branch of the Joint Committee on the Library.
Volume VII, section 2083.
ARTHUR, CHESTER A., of New York, Vice-President.
Decision on question of order relating to--Casting vote. Volume V,
section 5975.
ASSASSINATION.
An election case having been suspended by the assassination of
contestant the House directed the Elections Committee to inquire and
report as to further proceedings. Volume II, section 1018.
ASSAULTS.
(1) On Members for words spoken in debate.
(2) On Members on their way to the House, or while it is in session.
(3) Between Members in the House and elsewhere.
(4) Between Members in Committee on the Whole.
(5) On a Senator by a Member.
(6) Between Senators in the Senate.
(7) General cases of.
(1) On Members for Words Spoken in Debate.
For assaulting a Member for words spoken in debate Samuel Houston was
censured by the House in 1832. Volume II, sections 1616-1619.
After debate the House ordered a warrant to issue for arrest of a
person who had violated its privileges by assaulting a Member. Volume
II, section 1616.
The complaint of a Member that he had been assaulted for words spoken
in debate was made in the form of a letter to the Speaker, accompanied
by an affidavit. Volume II, section 1616.
It being doubtful whether or not an assault on a Member had been for
words spoken in debate no action was taken. Volume II, section 1620.
For attempted intimidation and assault upon a Member, A. P. Field was
arrested and censured at the bar of the House for breach of privilege.
Volume II, section 1625.
The House is empowered under the Constitution to punish as a contempt
against it a breach of its privileges committed by assault on one of
its Members for words spoken in debate. Volume VI, section 332.
A citizen having assaulted a Member for words spoken in debate, the
House arrested, arraigned, and censured him. Volume VI, section 333.
After debate the House ordered a warrant to issue for arrest of a
person who had violated its privileges by assaulting a Member. Volume
VI, section 332.
Assault committed on a Member for words spoken in debate constitutes a
contempt of the House in which he is then sitting although the words
may have been spoken in a prior House. Volume VI, section 332.
(2) Members on Their Way to the House, or While it is in Session.
For assaulting a Member returning to the House from an absence on leave
Patrick Woods was committed for a term extending beyond the adjournment
of the session, but not beyond the term of the existing House. Volume
II, section 1628.
ASSAULTS--Continued.
(2) On Members on Their Way to the House, or While it is in Session--
Continued.
A Member having in a letter to the Speaker complained that he had been
assaulted on his way to attend the House, the matter was held to be a
question of privilege. Volume II, section 1626.
An assault upon a Member within the walls of the Capitol, when the
House was not in session, was deemed a breach of privilege, although it
arose from a cause not connected with the Member's representative
capacity. Volume II, section 1624.
(3) Between Members in the House and Elsewhere.
The parliamentary law as to treatment of Members between whom warm
words or an assault have passed. Volume II, section 1641.
While the House was investigating a difficulty between two Members it
declared that it would be considered a high breach of privilege if
either should enter into a personal contest pending decision. Volume
II, section 1642.
The attack of Matthew Lyon on Roger Griswold in 1798. Volume II,
sections 1642, 1643.
After their affray on the floor Messrs. Lyon and Griswold were required
to pledge themselves before the Speaker to keep the peace during the
session. Volume II, section 1643.
From Members between whom warm words or an assault has passed on the
floor the House has exacted apologies. Volume II, sections 1646, 1647.
The House has frequently allowed personal difficulties arising in
debate, and even violent assaults, to pass without notice, the Members
concerned making apologies either personally or through other Members.
Volume II, sections 1658-1662.
The intervention of other business does not prevent the House from
taking up and dealing with a breach of privilege (footnote). Volume II,
section 1647.
The House, after declining to expel, censured a Member for contempt in
assaulting another Member for words spoken in debate. Volume II,
section 1656.
An assault by one Member on another for words spoken in debate was made
the subject of an investigation by a select committee. Volume II,
section 1655.
Three Members of the House were ordered to the bar of the House to
answer for a contempt of privilege in being present at and assisting in
an assault between two other Members. Volume II, section 1654.
A resolution for the investigation of an alleged assault of one Member
on another at a place outside of the Capitol was admitted as of
privilege. Volume II, section 1645.
A committee having general authority to examine and recommend in
relation to an assault between two Members was held to have authority
also to recommend censure of other Members implicated. Volume II,
section 1656.
(4) Between Members in Committee of the Whole.
For an assault during debate in Committee of the Whole, the House,
after expulsion had been suggested, exacted apologies from two Members.
Volume II, section 1657.
Members who had committed an assault in Committee of the Whole
apologized to the House, although the chairman of the committee had
made no report of the occurrence. Volume II, section 1652.
Two Members having assaulted one another in Committee of the Whole, the
House appointed a committee of inquiry, although the two Members had
severally explained to the House and reconciled their quarrel. Volume
II, section 1651.
Warm words and an assault having passed between two Members in
Committee of the Whole, the House required them to apologize ``for
violating its privileges and offending its dignity.'' Volume II,
section 1616.
For an assault during debate in Committee of the Whole, the House,
after expulsion had been suggested, exacted apologies from a Member.
Volume II, section 1650.
Two Members having created disorder in Committee of the Whole by an
encounter, the Speaker took the chair and restored order, and the House
immediately referred the subject to a select committee. Volume II,
section 1650.
ASSAULTS--Continued.
(4) Between Members in Committee of the Whole--Continued.
Two Members having assaulted one another in Committee of the Whole, the
House declined to permit the committee to resume its sitting until a
committee to investigate the facts of the disorder had been appointed.
Volume II, section 1649.
Two Members having created disorder in Committee of the Whole, the
Speaker took the chair and restored order, whereupon the committee rose
and the House adjourned before taking action on the disorder. Volume
II, section 1657.
An assault occurring between two Members in Committee of the Whole, the
committee rose and the Speaker restored order before receiving the
report. Volume II, section 1652.
An apology of Members for an assault committed in Committee of the
Whole was not placed in the Journal. Volume II, section 1652.
(5) On a Senator by a Member.
A Member of the House having assaulted a Senator for words spoken in
debate, the Senate examined the breach of privilege and transmitted the
report to the House for action. Volume II, section 1622.
The House censured a Member for being concerned in an assault on a
Senator. Volume II, section 1621.
The House failed to agree to a resolution to expel a Member for
assaulting a Senator. Volume II, section 1621.
A proposition relating to an assault on a Senator by a Member was held
in order as a question of privilege. Volume II, section 1621.
(6) Between Senators in the Senate.
Reference to an affray between two Senators on the floor of the Senate
in 1850. Volume II, section 1664.
For unparliamentary language and an assault two Senators were declared
in contempt, and later were censured. Volume II, section 1665.
(7) General Cases of.
The President, by message, complained to the House that his Secretary
immediately after delivering a message to the House had been assaulted
in the Capitol. Volume II, section 1615.
An assault upon the clerk of a committee within the walls of the
Capitol was held to be a breach of privilege. Volume II, section 1629.
One reporter having assaulted another in the presence of the House,
punishment for breach of privilege was inflicted. Volume II, section
1630.
A person who had wounded one of the police of the Capitol was, by the
House, committed to the custody of the Sergeant-at-Arms, while a
committee was instructed to investigate. Volume II, section 1651.
ASSAY OFFICES.
Subjects relating to mints and assay offices are within the
jurisdiction of the Committee on Coinage, Weights, and Measures. Volume
IV, section 4094. Volume VII, section 1798.
An appropriation for maintenance of an assay office permanently
established by law was held to be in order on an appropriation bill.
Volume VII, section 1269.
ASSEMBLIES.
The Speaker and President of the Senate have discretion as to the use
of the Capitol grounds for processions, assemblies, music, and speeches
on occasions of national interest. Volume V, section 7312.
ASSENT.
As to the power of a State to recall its assent to a constitutional
amendment. Volume V, section 7042.
ASSIGNMENT OF ROOMS.
The control of the Speaker extends only to the ``unappropriated rooms''
of the House wing, and the House itself controls the disposition of the
other rooms. Volume V, sections 7273-7281.
ATHERTON.
The Senate election case of Charles G. Atherton, of New Hampshire, in
the Thirty-third Congress. Volume V, section 6689.
ATKINSON.
The West Virginia election case of Atkinson v. Pendleton in the Fifty-
first Congress. Volume II, sections 1020, 1021.
AT LARGE.
The House in 1842 declared entitled to seats Members elected at large
in several States, although the law of Congress required election by
districts. Volume I, section 310.
ATTACHES
An appropriation for commercial attaches to be appointed by the
Secretary of Commerce was held by the House to be authorized by the
organic law creating the Department of Commerce. Volume VII, section
1257.
ATTACHMENT.
The Senate and not the Presiding Officer decides on a motion for
attachment of a witness. Volume III, sections 2152, 2153.
The party impeached at the bar of the Lords not appearing, his goods
may be arrested, and they may proceed. Volume III, section 2116.
Form of order for attachment of delinquent witness. Volume VI, section
486.
A dilatory witness who failed to appear until after attachment had been
ordered was admonished by the President pro tempore. Volume VI, section
486.
The issuance of process for the attachment of a witness was held not to
bar the admission of depositions by such witness pending his arrival.
Volume VI, section 523.
ATTENDANCE.
A smaller number than a quorum may adjourn from day to day and compel
the attendance of absent Members. Volume IV, section 2980.
Form and history of Rule VIII, section 1, relating to attendance and
voting of Members. Volume V, section 5941.
A motion directing the Speaker to issue warrant for arrest of absentees
may be entertained during proceedings to secure the attendance of a
quorum. Volume VI, section 681.
Although the fact of election was unquestioned, a Senator-elect delayed
attendance until credentials were received. Volume VI, section 157.
Pairs do not excuse from attendance or exempt from arrest under a call
of the House. Volume VII, section 3081.
The recording of members of a committee as present on their telephonic
request does not constitute attendance and physical presence is
necessary to make a quorum for the transaction of business. Volume VI,
section 345.
The Committee on the Judiciary has reported bills relating to the
meeting of Congress, the attendance of Members, and their appointment
to incompatible offices. Volume IV, section 4077.
The Commons attend generally in impeachment trials, but not when the
Lords consider the answer on proofs, or determine judgment. Volume III,
section 2027.
In 1830, during the impeachment trial of Judge Peck, the House
reconsidered its decision to attend the trial daily. Volume III,
section 2028.
The Commons attend impeachment trials in Committee of the Whole, or
otherwise, at discretion, and appoint managers to conduct proof. Volume
III, section 2027.
The presence of the Commons is considered necessary at the answer and
the judgment in impeachment cases. Volume III, section 2027.
ATTENDANCE--Continued.
The managers were excused from attendance on the sessions of the House
during the course of the trial in the Senate. Volume VI, section 521.
ATTEST.
The Clerk being incapacitated, the House authorized the chief assistant
clerk to attest a warrant and exercise the other functions of the
Clerk. Volume I, section 287.
In the Kilbourn case the subpoena was attested for the Clerk by deputy.
Volume II, section 1608.
The House directed the return of a Senate bill not attested by the
Secretary. Volume IV, section 3426.
The law for transcribing and attestation of testimony in an election
case. Volume I, section 702.
Form of subscription of witness to testimony and attestation thereof in
examination preliminary to the Peck trial. Volume III, section 2041.
The article of impeachment in the Peck case was signed by the Speaker
and attested by the Clerk. Volume III, section 2370.
The articles impeaching President Johnson were signed by the Speaker
and attested by the Clerk. Volume III, section 2420.
The articles of impeachment, signed by the Speaker and attested by the
Clerk, after being read by chairman of the managers, were handed to the
Secretary of the Senate. Volume VI, section 501.
ATTORNEY GENERAL.
The investigation of charges against Attorney General Harry M.
Daugherty. Volume VI, section 536.
Instance wherein a Member rising to a question of privilege, impeached
the Attorney General on his responsibility as a Member of the House.
Volume VI, section 536.
There is not constitutional objection to the election of a Member to
the Board of Managers of the Soldiers' Home, although in the opinion of
the Attorney General such election appears contrary to public policy.
Volume VI, section 63.
Opinion of the Attorney General on the law authorizing the franking of
public documents. Volume VI, section 221.
Opinion of the Attorney General as to construction of the statute
forbidding Members being interested in contracts. Volume VI, section
225.
The President, in the opinion of the Attorney General, has the power to
approve bills after adjournment sine die of the Congress which has
passed them, but within 10 days (Sundays excepted) after they have been
presented to him. Volume VII, section 1088.
Two unnamed Members having been implicated in a report by a Federal
grand jury, the House directed the Attorney General to transmit the
names of the Members implicated and the nature of the charges against
them. Volume VI, section 402.
The House, when advised by the Attorney General that certain charges
against Members were under investigation by the Department of Justice,
did not insist on its request for information relative thereto. Volume
VI, section 402.
A decision by the House to procure from the Attorney General certain
information is not such disposition as to preclude a proposition to
secure the same information through one of its own committees. Volume
VI, section 403.
A witness in the custody of the Sergeant at Arms having procured a writ
of habeas corpus, the Senate requested the President to direct the
Attorney General to defend the suit. Volume VI, section 339.
AUDITING.
The rule gives to the Committee on Accounts jurisdiction of subjects
touching the expenditure of the contingent fund of the House and the
auditing and settling of all accounts that may be charged therein by
order of the House. Volume IV, section 4328.
AUTHORIZATION. See ``Appropriations.''
AWARDS.
Awards of money to foreign nations in pursuance of treaties for the
adjustment of claims or as acts of grace have been reported by the
Committee on Appropriations. Volume IV, section 4050.