Mr. STONE. I did make it, Mr. President. The PRESIDING OFFICER (Mr. Gallinger). The present occupant of the chair is of the opinion that there is proper ground for a difference of opinion as to the correct construction of the rule on this particular amendment, and exercising his right under Rule XX the Chair will submit the matter to the Senate. Senators who are of opinion that the amendment is in order will say "aye," those opposed will say "no." The "ayes" have it, and the amendment is declared to be in order. (Cong. Record, pp. 1367, 1370.) NOT IN ORDER. 2. GENERAL LEGISLATION. 61st Cong., 1st sess.] JULY 31, 1909. The bill (H. R. 11570) making appropriations to supply urgent deficiencies in appropriations for the fiscal year 1909, and for other purposes, had been reported from the Committee on Appropriations with amendments. Mr. Burkett proposed an amendment, as follows: Provided, That the several amounts herein appropriated for salaries shall be accepted in full payment by the persons holding such positions. Mr. HALE. I make the point of order. The VICE PRESIDENT (Mr. Sherman). That it is legislation? Mr. HALE. Yes. The VICE PRESIDENT (Mr. Sherman). It is clearly so. of order. (See Cong. Record, p. 4680.) The Chair sustains the point The foregoing amendment was again proposed in the Senate, on page 4686 of the Congressional Record, and, no point of order being made, it was agreed to. ANTHONY RULE. J., p. 197.] 46th Cong., 2d sess., FEBRUARY 5, 1880. On motion by Mr. Anthony the Senate proceeded to consider the resolution submitted by him February 3, 1880, to proceed to the consideration of bills on the calendar unobjected to, and, having been amended on the motion of Mr. Anthony, the resolution, as amended, was agreed to as follows: "Resolved, That at the conclusion of the morning business for each day the Senate will proceed to the consideration of the calendar and continue such consideration until half past 1 o'clock; and bills that are not objected to shall be taken up in their order, and each Senator shall be entitled to speak once, and for five minutes only (unless, upon motion, the Senate shall at any time otherwise order); and the objection may be interposed at any stage of the proceedings." The above resolution was amended in the third session of the Forty-sixth Congress, December 16, 1880 (J., p. 58), allowing debate "upon any question," and this order "shall commence immediately after the call for 'concurrent and other resolutions,' and shall take precedence of the unfinished business and other special orders." It was further amended in the first session of the Forty-seventh Congress, February 8, 1882 (J., pp. 280, 281), by adding after the words "and the objection may be interposed at any stage of the proceedings" the following: unless upon motion the Senate shall otherwise order. At this session, March 20, 1882 (J., p. 446), the time for the consideration of the Calendar of Bills and Resolutions was extended until 2 o'clock p. m. In the same session, April 27, 1882 (J., p. 637), the following was added to the rule: But if the Senate shall proceed with the consideration of any matter, notwithstanding an objection, the foregoing provisions touching debate shall not apply, but the subject shall be proceeded with under the standing rules of the Senate. The above resolution was known as the "Anthony rule," and the present Rule VIII is founded upon it. FEBRUARY 25, 1878. 45th Cong., 2d sess.; J., pp. 235, 236.] Under the order providing for the consideration of business on the calendar generally known as the "Anthony rule," the Senate having under consideration the bill (S. 725) "to amend the one hundred and fourth article of war," after debate, Mr. Edmunds objected to the further consideration of the bill at this time, and asked that it be passed over, when Mr. Blaine raised a question of order, that by the resolution under which the Senate was proceeding, after a bill had been taken up for consideration and after debate upon the same, a single objection did not require it to be passed over. The Presiding Officer submitted the question to the Senate: Does an objection interposed after debate, by a single Senator, require the pending measure to be passed over under the order now in force? And it was determined in the affirmative; yeas 27, nays 26. (See Cong. Record, p. 1304.) 46th Cong., 2d sess.; J., p. 369.] MARCH 24, 1880. On motion by Mr. Hill of Georgia, the Senate proceeded to consider, as in Committee of the Whole, the resolution reported by him March 9, 1880, for the appointment of an assistant librarian for the Senate. 24143°-S. Doc. 1123, 62-3—13 193 Pending debate, an objection having been made to the further consideration of the resolution, the Vice President (Mr. Wheeler) decided that the consideration of the resolution was in order. Subsequently, and while the resolution was under consideration, the Vice President (Mr. Wheeler) asked the Senate to place its construction upon the point made by Mr. Cockrell, and submitted the following proposition: "Does what is known as the Anthony rule supersede that part of the eighth rule of the Senate which provides that, if any portion of the morning hour shall remain after the call for resolutions, the Presiding Officer shall lay before the Senate, in their order, resolutions and concurrent resolutions introduced on any prior day?" It was determined in the affirmative. (See Cong. Record, pp. 1824, 1825.) 47th Cong., 1st sess.; J., p. 332.] FEBRUARY 21, 1882. The President pro tempore (Mr. Davis) decided that the Anthony rule did not extend the morning hour beyond 1 o'clock for the reception of regular morning business. (See Cong. Record, pp. 1328, 1329, 1330.) 1. May be debated. APPEALS. 2. An, may be decided without debate. 3. Not debatable, where original motion is nondebatable. 1. MAY BE DEBATED. 41st Cong., 3d sess.; J., p. 335.] FEBRUARY 23, 1871. An appeal from the decision of the Chair on a point of order may be debated. (See Cong. Globe, pp. 1600-1604.) 51st Cong., 2d sess.; J., pp. 47, 53, 54.] DECEMBER 23-31, 1890. The Vice President (Mr. Morton) laid before the Senate the resolution submitted by Mr. Morgan on the 20th instant, directing the Committee on Privileges and Elections to so amend section 31 of the reported amendment to the bill, H. R. 11045, as to show what are the changes and modifications proposed to be made in the existing law. When Mr. Edmunds made the point of order, viz, that it was a proposition to amend by resolution a bill not under consideration and was not in order, and the Senate adjourned. When this resolution was laid before the Senate Wednesday, December 31, an appeal was taken from the decision of the Vice President that the resolution was no longer before the Senate, and debate was begun, which the Vice President (Mr. Morton) ruled to be in order. No further action. (See Cong. Record, pp. 801-826, 889, 890.) 2. AN, MAY BE DECIDED WITHOUT DEBATE. 62d Cong., 3d sess.] FEBRUARY 24, 1913. During the consideration of the bill H. R. 28180, river and harbor, an appeal was taken by a Senator on a point of order from the decision of the Chair, that it must be decided without debate. The PRESIDENT PRO TEMPORE (Mr. Gallinger) said: The Senator is correct in that. (See Cong. Record, p. 3788.) 3. APPEALS NOT DEBATABLE, WHERE ORIGINAL MOTION IS NON DEBATABLE. 51st Cong., 2d sess.; J., p. 80.] JANUARY 16, 1891. The Vice President (Mr. Morton) decided that an appeal from the decision of the Chair is not debatable where the original motion is nondebatable. On appeal the decision was sustained; yeas 31, nays 15. (See Cong. Record, pp. 1432, 1433.) 195 APPROPRIATION BILLS-NO PRECEDENCE OF. DO NOT HAVE SPECIAL RIGHTS AFTER 2 P. M. 57th Cong., 1st sess.; J., p. 191.] The eight-hour bill being before the Senate, MARCH 2, 1899. The Presiding Officer (Mr. Pasco) decided that after 2 o'clock a motion to take up an appropriation bill did not take precedence over a motion to take up any other bill on the calendar. (See Cong. Record, pp. 2716-2717.) APPROPRIATIONS FOR MILEAGE. IN ORDER. ALTHOUGH NOT ESTIMATED FOR, NOR REPORTED FROM A STANDING NOR SELECT COMMITTEE. 46th Cong., 1st sess.; J., pp. 112-115.] APRIL 29, 30, 1879. The proposition to pay mileage to Senators and Members of the House of Representatives, under Rule XVI, was treated the same as an appropriation bill. H. R. 1343, to provide for certain expenses of the present session of Congress, being under consideration, On motion by Mr. Plumb to further amend the bill by inserting at the end of line 65 the following: For mileage of Senators at the extra session, $36,000. For mileage of Members of the House of Representatives and Delegates from Territories at the extra session, $100,000. Mr. Wallace raised a question of order, viz, that the amendment not having been moved by direction of a standing or select committee of the Senate, or in pursuance of an estimate from the head of a department, was not in order under the twentyseventh rule. The President pro tempore, Mr. Thurman, having submitted the question of order to the Senate, Senate adjourned. Next day, the Senate, by a vote of 33 yeas and 23 nays, decided the amendment in order. (See Cong. Record, pp. 975-983.) 196 |