CALENDAR.

1. On resuming, at point reached when last up.

2. Motion to consider bills out of their order objected to.

3. Not out of order to entertain a motion to proceed to the consideration of a bill on the, out of its regular order.

4. A resolution coming over from a previous day and discussed until the expiration of the morning hour goes to the.

5. No precedence of appropriation bills after morning hour.

The calendar of the Senate, although referred to in the rules as a fixed provision, is nowhere described or defined. It is the record of the business actually before the Senate for its consideration from day to day, such as unfinished business, special orders, notices given by Senators, reported bills and joint resolutions, subjects on the table, and resolutions carried over under the rules. In short, any matters reported from a committee, or ordered placed thereon by the Senate, becomes a part of the calendar.

JUNE 10, 1870.

It is customary to attach to the calendar, for the information of the Senate, a list of bills in conference, including the appropriation bills and the status of the general appropriation bills in the Senate. 1. ON RESUMING, AT POINT REACHED WHEN LAST UP. 41st Cong., 2d sess.; J., p. 785.] The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 986) to abolish the franking privilege; and the question being on the amendment of Mr. Sherman as amended on the motion of Mr. Drake, on motion by Mr. Ross, That the said bill be passed over, for the purpose of considering the bills on the calendar of general orders, to which objection shall not be made, it was determined in the affirmative; yeas 24, nays 14.

So the motion was agreed to,

When a debate ensued in regard to the point at which the calendar should be resumed under the order of the Senate of the 17th of May; pending which, Mr. Sumner moved that the calendar be resumed at the point reached when last under consideration of bills unobjected to, viz, the bill (H. R. 1950) granting a pension to Mary Lincoln.

The Presiding Officer (Mr. Pomeroy in the chair) decided that the calendar should be resumed at the point reached when under consideration on Monday evening last, viz, the bill (S. 249) for the settlement of claims for quartermaster and commissary stores furnished to or taken by the United States within the States in rebellion during the late war.

From this decision Mr. Sumner appealed to the Senate; and on the question, Shall the decision of the Chair stand as the judgment of the Senate? it was determined in the affirmative,

So the decision of the Chair was sustained; and the Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 249).

NOTE. The orders of the Senate of May 17, to which reference is made, were modified on May 18 and, as modified, were adopted, as follows: "That the last Friday and Saturday of this month [the month of May, 1870], after the morning business, be assigned exclusively to the consideration of bills and matters relating to the District of Columbia," and "That from and after the 20th day of this month [May, 1870], and until the close of the present session, there shall be, unless the Senate otherwise order, three evening sessions, to commence at half-past seven o'clock p. m., upon alternate evenings, of each week, at which sessions the calendar of general orders shall be proceeded with in the order of their place upon the calendar. And on Friday of each week, except the last Friday of this month, the calendar shall be proceeded with by considering only the bills and joint resolutions to which no objection may be made; and such objection, if made, shall have the effect to pass the bill or resolution over, and shall be enforced without debate." See J., pp. 661, 667, 41st Cong., 2d sess.

2. MOTION TO CONSIDER CERTAIN BILLS OUT OF THEIR ORDER OBJECTED TO.

49th Cong., 1st sess.; J., p. 1216.]

JULY 31,

1886.

Mr. Beck submitted the following resolution for consideration: Resolved, That at the next meeting of the Senate, after the routine morning business is disposed of, the Senate will proceed under the provisions of Rule VIII to the consideration of bills which have passed the House of Representatives and have been reported favorably by the Senate committees.

Ib., J., p. 1224.]

AUGUST 2, 1886.

The President pro tempore laid before the Senate the order submitted by Mr. Beck and Mr. Edmunds on Saturday last, relative to the consideration of business on the calendar.

Mr. Miller raised a question of order that the resolutions would operate as a change in the standing rules, and that proper notice had not been given under the fortieth rule, and the President pro tempore (Mr. Sherman) sustained the point of order. (See Cong. Record, pp. 7846, 7847.)

[A similar decision was rendered February 23, 1887, 49th Cong., 2d sess.; J., p. 410; see Cong. Record, same session, p. 2103. Rule XL of the standing rules, to which the resolutions would be objectionable, reads: "No motion to suspend, modify, or amend any rule, or any part thereof, shall be in order, except on one day's notice in writing, specifying precisely the rule or part proposed to be suspended, modified, or amended, and the purpose thereof. Any rule may be suspended without notice by the unanimous consent of the Senate, except as otherwise provided in clause 1, Rule XII."]

3. NOT OUT OF ORDER TO ENTERTAIN A MOTION TO PROCEED TO THE CONSIDERATION OF A BILL ON THE, OUT OF ITS REGULAR

ORDER.

62d Cong., 1st sess.; J., p. 185.]

STATEHOOD FOR NEW MEXICO AND ARIZONA.

AUGUST 18, 1911.

On motion by Mr. Smith of Michigan that the Senate proceed to the consideration of the joint resolution (S. R. 57) to enable the people of New Mexico to form a constitution and State government and be admitted into the Union on an equal footing with the original States, and to enable the people of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States;

Mr. Bailey raised a question of order, viz, that it is not in order to entertain a motion to proceed to the consideration of a bill on the calendar out of its regular order.

The Vice President (Mr. Sherman) overruled the question of order.

From the decision of the Chair Mr. Bailey appealed to the Senate; and

On the question: Shall the decision of the Chair stand as the judgment of the Senate? It was determined in the affirmative.

So the decision of the Chair was sustained. (See Cong. Record, p. 4118.)

4. A RESOLUTION COMING OVER FROM A PREVIOUS DAY AND DISCUSSED UNTIL THE EXPIRATION OF THE MORNING HOUR GOES TO THE.

62d Cong., 1st sess.]

JULY 24, 1911.

The Vice President (Mr. Sherman) laid before the Senate the resolution submitted by Mr. Newlands relating to proposed legislation, coming over from a previous day. Which was discussed until the expiration of the morning hour at 2 o'clock p. m. The Vice President (Mr. Sherman) then said:

"The Senator from Iowa will suspend for a moment. The hour of 2 o'clock having arrived, the Chair lays before the Senate the unfinished business (H. R. 11019) to reduce the duties on wool and the manufactures of wool."

The VICE PRESIDENT (Mr. Sherman). The Senator from Iowa [Mr. Cummins] will proceed.

Mr. Cummins was continuing his remarks when the Vice President (Mr. Sherman) said: "Will the Senator give way to the Chair for a moment? Under the rule of the Senate the resolution offered by the Senator from Nevada [Mr. Newlands] will go to the Calendar under Rule VIII. (See Cong. Record, pp. 3181, 3187-3188.)

5. NO PRECEDENCE OF APPROPRIATION BILLS AFTER MORNING HOUR. 55th Cong., 3d sess.; J., p. 191.]

MARCH 2, 1899.

Mr. Turley renewed a motion, that the Senate proceed to the consideration of the bill (H. R. 7389) limiting the hours of daily service of laborers, workmen, and mechanics employed upon the public works of, or work done for, the United States, or any Territory, or the District of Columbia.

After the bill had been read at length, Mr. Perkins asked that it might be temporarily laid aside for the purpose of considering the bill (H. R. 12198) making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes.

Mr. Turley asked to have his motion first put, to determine whether or not the Senate would take up the bill H. R. 7389.

Pending this motion, Mr. Perkins said he was directed by the Committee on Appropriations to move that the Senate proceed to the consideration of the fortifications bill (H. R. 12198).

The Presiding Officer (Mr. Pasco) decided that the motion of the Senator from Tennessee (Mr. Turley) could not be displaced by a motion to take up another bill. Mr. Chandler gave it as his opinion that a motion to take up a general appropriation bill has preference. In this contention he was sustained by Senators Gorman and Hale.

The Chair then ruled, in answer to a question by Mr. Hale, that Mr. Perkins's motion to proceed to the consideration of a general appropriation bill was not in order pending the action of the Senate upon the motion of Mr. Turley, such motion having been made after the hour of 2 o'clock p. m., or after the expiration of the morning hour. He read R le IX in support of his ruling.

The Senate then, by a vote of 30 yeas to 19 nays, agreed to the motion of the Senator from Tennessee.

Mr. Perkins then renewed his motion that the Senate proceed to the consideration of the fortifications bill, so called, and it was decided in the affirmative; yeas 39, nays 11. (See Cong. Record, pp. 2716-2718.)

CHAIR.

A SENATOR MUST RISE WHEN HE ADDRESSES.

62d Cong., 1st sess.; J., p. 183.]

AUGUST 17, 1911. Before the announcement of the result of the roll call on the passage of H. R. 12812, to reduce the duties on manufactures of cotton,

Mr. Penrose having declined to vote, and having assigned his reasons therefor, The Vice President (Mr. Sherman) submitted the question to the Senate: Shall the Senator, for the reasons assigned by him, be excused from voting?

It was determined in the affirmative.

Mr. La Follette demanded the yeas and nays on the question;

When,

Mr. Oliver raised a question of order, viz, that Mr. La Follette did not rise when he addressed the Chair, and was not, therefore, entitled to recognition by the Chair. The Vice President (Mr. Sherman) sustained the question of order. (See Cong. Record, p. 4066.)

245

CLOSED DOORS.

FOR CONSIDERATION OF LEGISLATIVE BUSINESS.

1. Earlier sessions with.

2. First abandoned.

3. Motion for, made and seconded, alone necessary to secure.
4. First public gallery without.

5. No debate in order upon motion for.

6. Vice President Breckinridge's observations on.

7. On considering certain provisions of an appropriation bill.

8. On resolution proposing negotiations with Spain.

9. Discussing a bill declaring the existence of war.

10. Considering items in a conference report.

11. During debate on fortifications bill.

12. On a resolution relative to Morocco and "the Brownsville affair.” FOR CONSIDERATION OF TREATIES.

13. With Indian tribes.

14. For annexation of entire dominion of a foreign power.

15. For reciprocity with Mexico.

16. Pending with Great Britain. 17. Relating to fisheries.

18. Pending with China.

19. A Senator may be taken from the floor, under Rule XXXV, when a motion is made and seconded to close the doors of the Senate for the consideration of such motion.

FOR CONSIDERATION OF NOMINATIONS.

20. Mr. Allen's efforts to discontinue.

21. Mr. Chase's determined fight against.

22. The more sweeping Chase resolution.

23. The Tariff Commission of 1882.

24. Senators Platt and Logan, for all executive nominations.

25. Resolutions to discontinue, must lie over one day.

26. Chair declines to entertain motion in open session relative to executive business.

27. On proposition to change rule regarding.

28. On resolution calling for papers.

FOR CONSIDERATION OF SUBJECTS SEEMING TO REQUIRE SECRECY.

29. Foreign ownership of the Isthmian Canal.

30. Registration of Chinese laborers.

31. Capture of a vessel of the United States.

32. The Pettigrew resolution.

33. Affairs in Colombia.

34. Military occupation of bays of Panama and Colon.