[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 11. Questions of Privilege]
[C. Basis of Questions of Privilege of the House]
[§ 11. Correcting the Record; Expungement of Words Uttered in Debate]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 1608-1614]
CHAPTER 11
Questions of Privilege
C. BASIS OF QUESTIONS OF PRIVILEGE OF THE HOUSE
Sec. 11. Correcting the Record; Expungement of Words Uttered in Debate
A resolution asking the Senate to expunge from the Congressional
Record language used in debate in the Senate which is offensive or
otherwise improper may give rise to a question of the privilege of the
House since the remedy of demanding that words be taken down is not
available.(16) However, neither a question of personal
privilege nor a question of the privilege of the House arises during a
debate in which offensive language is used, the remedy being a demand
that the objectionable words be taken down when spoken. Thus, on one
occasion,(17) a Member, having risen to a question of
personal privilege and of the privilege of the House, submitted a
resolution to strike from the Congressional Record remarks made by a
Member in the course of floor debate reflecting on the integrity of
both the House and a majority of the Members. Citing Rule XIV clause
5,(18) which provides for the taking down of objectionable
words, the Speaker (19) ruled the Member out of order in
raising a question of privilege under the circumstances.
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16. Sec. Sec. 11.1 et seq., infra.
17. 96 Cong. Rec. 1514, 81st Cong. 2d Sess., Feb. 6, 1950. For further
illustrations see Ch. 29, infra.
18. House Rules and Manual Sec. 761 (1973).
19. Sam Rayburn (Tex.). -------------------
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Senate Debate Reflecting on House Integrity
Sec. 11.1 A resolution to expunge from the Congressional Record Senate
debate reflecting on the integrity of the House presents a question
of the privilege of the House.
On July 12, 1956,(1) Mr. Clare E. Hoffman, of Michigan,
presented as a matter giving rise to a question of the privilege of the
House a resolution seeking the expurgation from the Record of Senate
debate attributing improper motives and influence to House action on an
education bill.
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1. 102 Cong. Rec. 12522, 12523, 84th Cong. 2d Sess.
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The resolution [H. Res. 588] provided:
Resolved, whereas in the Congressional Record of July 9, 1956,
certain articles appear which reflect upon the integrity of the
House as a whole in its
[[Page 1609]]
representative capacity, and upon individual Members of the House;
and
Whereas such statements tend to disgrace, degrade, and render
ineffective the actions of the Members of the House; and
Whereas the statements so made and carried in the Record
adversely affect the rights of the House collectively, its safety,
dignity, and the integrity of its proceedings: Now, therefore, be
it
Resolved, That the House hereby by the adoption of this
resolution most respectfully requests that the other body expunge
from its records the rollcall votes and remarks appearing on pages
11016-11017 and the remarks appearing on page A5384 of the daily
Congressional Record of July 9, 1956, under the caption ``Ignoring
the children''; and be it further
Resolved, That a copy of this resolution be transmitted to the
Presiding Officer of the other body.
By vote of the House the resolution was referred to the Committee
on Rules.
House Debate Reflecting on the Senate
Sec. 11.2 A resolution to expunge from the Congressional Record House
debate reflecting on the Senate presents a question of the
privilege of the House.
On May 24, 1950,(2) Mr. Clare E. Hoffman, of Michigan,
rose to a question of the privilege of the House:
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2. 96 Cong. Rec. 7635-37, 81st Cong. 2d Sess.
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The Speaker Pro Tempore: (3) The gentleman will
state the question of privilege.
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3. John W. McCormack (Mass.).
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Mr. Hoffman of Michigan: Mr. Speaker, in the daily
Congressional Record of Monday, May 22, 1950, on page A4071 under
date of Thursday, May 18, 1950, under the caption ``We will meet
the test,'' there appears an extension of remarks of the Honorable
Andrew J. Biemiller, of Wisconsin, which is a violation of the
rules of the House in that in those remarks and in the editorial
accompanying those remarks a Member of the other body is mentioned
in such manner as to reflect upon him in his representative
capacity. Such remarks and editorial as inserted in the
Congressional Record are made a part of this question of privilege,
are a violation of the rules of the House which prohibit any
reference in the Congressional Record by a Member of this body to a
Member of the other body.
The resolution which I offer is that such remarks be stricken
from the Appendix.
The Speaker Pro Tempore: The Clerk will report the resolution.
The Clerk read as follows:
Whereas the remarks of the gentleman from Wisconsin, Mr.
Biemiller, which appear on page A4071 of the daily
Congressional Record of Monday, May 22, 1950, and which are
captioned, ``We will meet the test,'' are a violation of the
rules of the House: Therefore be it
Resolved by the House, That said remarks as so indicated
be, and the
[[Page 1610]]
same hereby are, stricken from the Record.
Debate on the resolution ensued. Subsequently, on the House's
agreement to a unanimous-consent request by Mr. Biemiller that his
remarks be deleted from the permanent Record, the resolution was
withdrawn.
House Debate Reflecting on Members
Sec. 11.3 On one occasion the House agreed to a resolution which had
been presented as a question of privilege of the House, and which
expunged from the Congressional Record House debate which had
impugned the integrity of a Member.
On Sept. 5, 1940,(4) Mr. Clare E. Hoffman, of Michigan,
rose to a question of the privilege of the House and offered a
resolution (5) as follows:
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4. 86 Cong. Rec. 11552, 76th Cong. 3d Sess.
5. H. Res. 591.
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Whereas the gentleman from the Second District of Kentucky [Mr.
(Beverly M.) Vincent], referring to the gentleman from the
Twentieth District of Ohio [Mr. (Martin L.) Sweeney], stated on the
floor of the House on September 4, 1940, as appears in the [daily]
Record on page 17450, ``I said I did not want to sit by a traitor
to my country;'' and
Whereas such words were a violation of the rules of the House
and, as reprinted in the Record, charge the Member from Ohio with a
lack of patriotism, and with disloyalty to his country, reflect
upon him in his representative capacity and upon the dignity of the
House: Therefore, be it
Resolved, That the words, ``I said I did not want to sit by a
traitor to my country,'' be expunged from the Record.
Debate on the resolution ensued, at the conclusion of which the
resolution was agreed to.
Parliamentarian's Note: No point of order was raised against the
presentation of this resolution as a question of privilege of the
House. The proper remedy in such a case is to have the offending words
taken down. Detailed coverage of this procedure is found in chapter 29,
infra.
Offensive or Unauthorized Material Inserted in the Record
Sec. 11.4 A resolution to expunge from the Congressional Record several
articles and documents criticizing a House committee, inserted in
the Record by a Member, was entertained as a question of the
privilege of the House.
On Mar. 10, 1948,(6) Mr. John E. Rankin, of Mississippi,
pre
[[Page 1611]]
sented as a matter involving the privilege of the House a resolution
requesting that several articles and documents alleging that ``[the
Committee on Un-American Activities] continue[s] the practice of Hitler
and Himmler, which would lead America . . . down the road toward
fascism'' which had been inserted in the Congressional Record by Mr.
Adolph J. Sabath, of Illinois, be stricken therefrom. Following some
debate the resolution was agreed to. The Member's entire speech,
including the articles and documents, was stricken from the Record.
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6. 94 Cong. Rec. 2476-81, 80th Cong. 2d Sess. For additional examples
see 93 Cong. Rec. 2461-63, 80th Cong. 1st Sess., Mar. 24, 1947.
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Sec. 11.5 A resolution to expunge from the Congressional Record a
speech inserted therein alleged to reflect on the integrity of the
House and its Members is entertained as a question of privilege.
On May 13, 1946,(7) Mr. Clare E. Hoffman, of Michigan,
offered as a matter involving a question of the privilege of the House
a resolution (8) concerning the text of a speech delivered
by August Scholle, a Michigan labor union official, assailing the
integrity of both the House and its Members. The resolution proposed
that the speech, which had been inserted in the Congressional Record by
Mr. Adolph J. Sabath, of Illinois, be stricken therefrom. The
resolution was adopted on a roll call vote--yeas 247, nays 77, not
voting 106.
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7. 92 Cong. Rec. 4922-24, 79th Cong. 2d Sess.
8. H. Res. 616.
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Sec. 11.6 A resolution to expunge from the Congressional Record
unparliamentary language inserted under leave to extend is
entertained as a question of the privilege of the House.
On Apr. 20, 1936,(9) Mr. Thomas L. Blanton, of Texas,
presented as a question of the privilege of the House a resolution
(10) demanding the expurgation from the Record of certain
unparliamentary remarks concerning the personal life of a Member. The
material had been inserted on a preceding day under leave to extend
that had been granted to Mr. Marion A. Zioncheck, of Washington. The
resolution was agreed to on a roll call vote.
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9. 80 Cong. Rec. 5704-07, 74th Cong. 2d Sess.
10. H. Res. 490.
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Sec. 11.7 A resolution to expunge certain remarks inserted
[[Page 1612]]
through an abuse of the grant of leave to print in the
Congressional Record gives rise to a question of the privilege of
the House.
On July 13, 1942,(11) Mr. John E. Rankin, of
Mississippi, presented as a matter of the privilege of the House the
following resolution: (12)
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11. 88 Cong. Rec. 6102, 77th Cong. 2d Sess. For a further example see
92 Cong. Rec. 1274, 79th Cong. 2d Sess., Feb. 13, 1946.
12. H. Res. 518.
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Whereas in the daily Congressional Record of July 9, 1942, on
page A2877, A2878, and A2879 of the Appendix thereof, the remarks
purporting to be made by the gentleman from New York, Mr. Sol
Bloom, and containing a letter written by one Ralph Ingersoll
attacking draft board No. 44 of New York for performing its
official duties in refusing to exempt the said Ralph Ingersoll from
the draft on the flimsy pretext set out in said letter; and
Whereas said letter was inserted under permission to insert an
editorial and not a letter from the said Ralph Ingersoll; and
Whereas it is stated on page 6271 of the Congressional Record
of July 9, 1942, that the printing of this insertion in the
Congressional Record was estimated to cost the Government of the
United States $157.50; and
Whereas said letter so inserted in lieu of the editorial for
which permission was given contains language and statements that
are objectionable and unparliamentary; and
Whereas said statements were not made upon the floor of the
House; and
Whereas said statements reflect upon Members of Congress, are
false, improper, and out of order, and in violation of the
privileges and rules of the House; and if they had been uttered
upon the floor of the House they would have been subject to a point
of order: Therefore be it
Resolved, That the said remarks be stricken from the Record and
the Public Printer prohibited from issuing copies thereof from the
columns of the Congressional Record.
Without debate, the resolution was adopted.
Sec. 11.8 A resolution to expunge from the Congressional Record certain
remarks inserted without proper authorization is entertained as a
matter of the privilege of the House.
On Aug. 27, 1940,(13) Mr. Jacob Thorkelson, of Montana,
offered as a question of the privilege of the House a resolution
demanding that certain remarks inserted into the Congressional Record
by Mr. Adolph J. Sabath, of Illinois, without first having obtained the
permission of the House, be expunged from the Record and declared not
to constitute a legitimate part of
[[Page 1613]]
the official Record of the House. After some debate the resolution was
adopted.
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13. 86 Cong. Rec. 11046, 76th Cong. 3d Sess. For an additional example
see 80 Cong. Rec. 7019, 74th Cong. 2d Sess., May 11, 1936.
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Inaccuracies in the Congressional Record
Sec. 11.9 A resolution to correct inaccuracies in the report of
proceedings as printed in the Congressional Record is presented as
a question of the privilege of the House.
On Apr. 26, 1940,(14) Mr. Clare E. Hoffman, of Michigan,
offered as a matter involving the question of the privilege of the
House the following resolution:
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14. 86 Cong. Rec. 5111, 5112, 76th Cong. 3d Sess.
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Whereas the Congressional Record of April 25, 1940, is not, on
pages 5046 to 5051, inclusive, a true and accurate record of the
proceedings that took place on the floor of the House on yesterday,
in that there is omitted therefrom a demand which was made on the
floor of the House by the gentleman from the Twelfth Congressional
District of Michigan that certain words uttered on the floor of the
House by the gentleman from the Second District of Georgia be taken
down, and, there is omitted therefrom, the ruling of the Speaker
upon such demand, and there is omitted therefrom a motion which was
made by the gentleman from the Twelfth District of Massachusetts,
and there is omitted therefrom the vote taken on said motion, and
there is omitted therefrom the result of said vote and the
subsequent direction of the Speaker to the gentleman from Georgia
to continue: Now, therefore, be it
Resolved, That the Record of the House be corrected and that
the proceedings above referred to be printed therein.
Following agreement by unanimous consent to the request of Mr. Edward
E. Cox, of Georgia, that the stricken matter in question be restored to
the Record, the resolution was withdrawn.
Restoration of Remarks Previously Deleted
Sec. 11.10 A resolution to restore to the Record remarks previously
deleted by House adoption of a motion to expunge does not present a
question of the privilege of the House; the proper method of
reopening the matter being by motion to reconsider the vote whereby
such action was taken.
On Feb. 13, 1941,(15), Mr. Clare E. Hoffman, of
Michigan, rose to a question of the privilege of the House and
submitted a resolution requesting the restoration to the Record of
certain remarks made by him and Mr. Samuel Dickstein, of New York,
during the previous
[[Page 1614]]
day's proceedings. Such remarks had been deleted by the House pursuant
to the adoption of a motion to expunge made by Mr. John E. Rankin, of
Mississippi. Following debate, an inquiry was heard from Mr. Hoffman as
to whether the Chair had ruled on the question of the privilege of the
House. Responding to the inquiry, the Speaker (16) stated:
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15. 87 Cong. Rec. 979, 980, 77th Cong. 1st Sess.
16. Sam Rayburn (Tex.).
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The House would have to decide that, and, in the opinion of the
Chair, the House did decide the matter when it expunged the remarks
from the Record. The Chair thinks, under the circumstances, that
the proper way to reopen the question would be by a motion to
reconsider the vote whereby the motion of the gentleman from
Mississippi [Mr. Rankin] was adopted. The Chair is of the opinion
that inasmuch as the question raised by the gentleman from Michigan
was decided by a vote of the House on a proper motion, that he does
not now present a question of privilege of the House or of personal
privilege.