Deschler's Precedents, Volume 3, Chapters 10 - 14 - § 21. Raising the Question; Procedure

[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 11. Questions of Privilege]
[D. Personal Privilege of Member]
[§ 21. Raising the Question; Procedure]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1654-1656]
 
                               CHAPTER 11
 
                         Questions of Privilege
 
                    D. PERSONAL PRIVILEGE OF MEMBER
 
Sec. 21. Raising the Question; Procedure

Statement of Grounds

Sec. 21.1 In raising a question of personal privilege a Member in the 
    first instance must state to the Chair for his decision the grounds 
    upon which he bases his question.

    On Apr. 11, 1935,⁽⁶⁾ Mr. Joseph P. Monaghan, of Montana, 
rose to a question of personal privilege and stated, with reference to 
Rule IX, ``under the question of personal privilege I cite the 
integrity of the proceedings of the House. I cannot see that this rule 
adequately protects this House so far as giving it and the public 
adequate information as to the rule.''
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 6. 79 Cong. Rec. 5454, 5455, 74th Cong. 1st Sess. For additional 
        illustrations see 118 Cong. Rec. 13491-97, 92d Cong. 2d Sess., 
        Apr. 19, 1972; and 84 Cong. Rec. 5033-35, 76th Cong. 1st Sess., 
        May 2, 1939.
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    A point of order was then made by Mr. John J. O'Connor, of New 
York, that the gentleman had not stated a question of personal 
privilege.
    In his ruling sustaining the point of order, the Speaker 
⁽⁷⁾ stated:
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 7. Joseph W. Byrns (Tenn.).

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[[Page 1655]]

        It is necessary for the gentleman first to state his question 
    of personal privilege as a basis for any argument that he may 
    desire to submit. The Chair has no desire other than to see that 
    the gentleman and every Member of the House is protected under the 
    rules. The rules provide that a gentleman who raises a question of 
    personal privilege must first state his question before he proceeds 
    to argue with reference to it.

Submission of Material Containing Objectionable Remarks

Sec. 21.2 When a Member raises a question of personal privilege based 
    on the alleged insertion in the Record of unparliamentary language, 
    he must submit the transcript of the Record to the Chair.

    On Apr. 7, 1943,⁽⁸⁾ Mr. Emanuel Celler, of New York, 
rose to a question of personal privilege, stating that certain remarks 
of a Member not made on the floor but inserted in the Record for Apr. 
2, 1943, reflected upon his integrity. The following exchange then 
ensued:
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 8. 89 Cong. Rec. 3065, 78th Cong. 1st Sess.
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        The Speaker: ^(~9) Will the gentleman send that 
    Record up to the chair? Does the gentleman from New York have the 
    transcript and know that that was inserted?
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 9. Sam Rayburn (Tex.).
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        Mr. Celler: I have not the transcript with me, but I remember 
    what was stated by the gentleman and it is not reflected accurately 
    in the Record.
        Furthermore, the gentleman made the statement that I was the 
    Jewish gentleman from New York; and on that score I rise to a 
    question of personal privilege.
        The Speaker: The Chair wants to see the original transcript of 
    the remarks of the gentleman from Mississippi.
        Mr. Celler: I can read more; there is more in that Record, Mr. 
    Speaker, which was not uttered on the floor of the House. I shall 
    be very brief, Mr. Speaker.
        The Speaker: The Chair is not going to rule on this question 
    without seeing the original transcript and it is not here. If there 
    is no objection, the gentleman may proceed for 10 minutes.

Sec. 21.3 On one occasion a Member was recognized to raise a question 
    of personal privilege, based on comments appearing in a local 
    newspaper, although the Record does not show that the material was 
    first submitted to the Chair for examination.

    On June 22, 1966,⁽¹⁰⁾ the Chair recognized Mr. Charles 
E. Chamberlain, of Michigan, on a question of privilege:
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10. 112 Cong. Rec. 13907, 89th Cong. 2d Sess.
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        Mr. Chamberlain: Mr. Speaker, I rise as a matter of personal 
    privilege.
        The Speaker: ⁽¹¹⁾ The gentleman will state his 
    matter of personal privilege.
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11. John W. McCormack (Mass.).

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[[Page 1656]]

        Mr. Chamberlain: Mr. Speaker, I rise with respect to an article 
    which appeared in the Washington Post this morning entitled 
    ``Question: Do Congressmen Steal,'' by the columnists Drew Pearson 
    and Jack Anderson.
        The Speaker: The gentleman from Michigan is recognized under 
    the question of personal privilege.

    Debate on the question then ensued.

In the Committee of the Whole

Sec. 21.4 Under the modern practice, a question of personal privilege 
    may not be raised in the Committee of the Whole.

    On Dec. 13, 1973,⁽¹²⁾ during consideration by the 
Committee of the Whole of amendments to H. R. 11450, the Energy 
Emergency Act, Mr. John D. Dingell, of Michigan, rose to a question of 
personal privilege. In refusing to grant recognition to the Member for 
that purpose, the Chairman pro tempore ⁽¹³⁾ stated that a 
question of personal privilege could not be entertained in the 
Committee of the Whole.⁽¹⁴⁾
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12. 119 Cong. Rec 41271, 93d Cong. 1st Sess. For further illustrations 
        see 115 Cong. Rec. 24372, 91st Cong. 1st Sess., Sept. 4, 1969; 
        105 Cong. Rec. 11289, 86th Cong. 1st Sess., June 18, 1959; and 
        95 Cong. Rec. 2652, 81st Cong. 1st Sess., Mar. 16, 1949.
13. John J. McFall (Calif.).
14. Parliamentarian's Note: Although pursuant to the modern practice a 
        question of personal privilege may not be raised in the 
        Committee of the Whole, early precedent suggests that such a 
        question could be raised if the matter in issue arose during 
        the Committee proceedings. See 3 Hinds' Precedents Sec. 2540.
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