COMPENSATION OF SENATORS.

1. When it begins.

2. Where interested.

3. President pro tempore may be given extra.

1. WHEN IT BEGINS.

35th Cong., 1st sess.; J., pp. 441, 516.] 37th Cong., 2d sess.; J., p. 797.]

MAY 12-25, 1858.
JULY 11, 1862.

Minnesota was admitted as a State May 11, 1858, and the first Senators from that State appeared and took their seats May 12, 1858. June 3, the Committee on the Judiciary reported that their compensation should begin on the date of the admission of the State. In 1862 the question was again raised and the Committee on the Judiciary reported that the Senators from Minnesota were entitled to compensation from the beginning of the session in which the State was admitted. A joint resolution to this effect passed the Senate but failed in the House, whereupon the Senate paid the compensation from the beginning of the session from its contingent fund.

SENATORS FROM MONTANA, WASHINGTON, AND NORTH AND SOUTH DAKOTA, FROM THE DATE OF THE ADMISSION OF THEIR STATES.

51st Cong., 1st sess.; J., pp. 556–559.]

SEPTEMBER 29, 1890.

Mr. Hoar, from the Committee on Privileges and Elections, who were instructed by a resolution of the Senate of June 23, 1890, to inquire as to the dates on which the pay of the Senators from the States of Montana, Washington, and North and South Dakota should commence, submitted a report (No. 1820), accompanied by the following resolution, for consideration:

Resolved, That, in the judgment of the Senate, the Senators from the newly admitted States of North Dakota, South Dakota, Montana, and Washington are entitled to receive their compensation as Senators from the date of the admission of their States. Which was agreed to. (See Cong. Record, pp. 10672-10673.)

NOTE.-The time or date when compensation to Senators began has not been uniform.

SENATORS FROM OKLAHOMA.

The State was admitted into the Union by the proclamation of the President November 16, 1907. The Senators were elected December 11, 1907, and sworn in December 16, 1908, but were paid from the date of their election.

The present law governing the time when compensation shall begin is as follows: "That Senators elected, whose term of office begins on the fourth day of March, and whose credentials in due form of law shall have been presented in the Senate, but who have had no opportunity to be qualified, may receive their compensation monthly, from the beginning of their term, until there shall be a session of the Senate. [22 Stats., p. 632.] Provided, That the salaries of Senators elected or appointed to fill

vacancies in the Senate, and of Senators elected for a full term subsequent to the commencement of such term, shall commence on the date of their election or appointment." [28 Stats., p. 162.]

2. WHERE, ARE INTERESTED.

40th Cong., 2d sess.; J., pp. 766, 767.]

JULY 25, 1868.

On motion by Mr. Conkling, the Senate proceeded to consider the resolution submitted by Mr. Trumbull on the 21st instant, directing the Secretary to pay to the Senators from Arkansas, Florida, North Carolina, South Carolina, and Louisiana their compensation from the commencement of the Fortieth Congress.

On motion by Mr. Davis, to amend the resolution by striking out all after the word "Arkansas" and inserting "the compensation allowed by law from the 22d day of June, 1868; and to the Senators from Florida, North Carolina, South Carolina, and Louisiana from the 25th day of June, 1868"; yeas and nays were ordered. The Secretary having finished calling the roll and before the result of the vote just taken was announced by the Chair,

Mr. Buckalew rose to a question of order, to wit: That it was against the rules and parliamentary law for a member of the body to vote upon a question in the result of which he was directly interested, and that some of the members of the Senate being directly interested in the present, had voted upon it; and that he raised a question of order on the votes so given

The President pro tempore (Mr. Benjamin F. Wade) submitted the question of order to the Senate, viz: "Had the Senators upon whose votes the question of order was raised the right to vote upon the question before the Senate?" Pending debate theron, a motion was made by Mr. Sumner that the Senate proceed to the consideration of executive business. Upon which motion Mr. Hendricks raised the following question of order: That, upon a question before the Senate upon which the yeas and nays had been ordered and the roll called by the Secretary and before the result was declare by the Chair, the motion of the Senator from Massachusetts to proceed to the consideration of executive business was not in order.

The President pro tempore overruled the point of order, and decided the motion of Mr. Sumner to be in order. On an appeal; yeas 15, nays 21.

So the decision of the Chair was not sustained.

The question recurring upon the question of order raised by Mr. Buckalew and submitted by the Chair to the decison of the Senate, a demand was made by Mr. Trumbull that the result of the vote on the amendment proposed by Mr. Davis be announced. Several Senators were absent when the roll was called, who now appeared and expressed a wish to vote, and other Senators expressing a wish to change their votes, the Chair directed the Secretary to call the roll, when it appeared that on the question to agree to the amendment of Mr. Davis yeas were 25, nays 21.

The question of order raised by Mr. Buckalew and submitted by the Chair to the decision of the Senate again recurring, after debate, on motion of Mr. Frelinghuysen that the question of order lie on the table, it was determined in the affirmative. The resolution of Mr. Trumbull as amended by Mr. Davis was then agreed to. (See Cong. Globe, pp. 4453, 4457, 4458, 4459, 4461.)

3. PRESIDENT PRO TEM. MAY BE GIVEN EXTRA COMPENSATION. 28th Cong., 2d sess.; J., MARCH 3, 1845.

p. 243.]

Mr. Walker, by unanimous consent, had leave to submit the following resolution: Resolved, That the difference between the salary of Vice President and the amount received by the Honorable Willie P. Mangum, as Senator, for mileage and for pay as a Senator, and the additional pay as President pro tempore, from the thirty-first of May, on thousand eight hundred and forty-two, and the third March, one thousand eight hundred and forty-five, be paid from the contingent fund of the Senate.

24143°-S. Doc. 1123, 62-3- -18

The said resolution was read the first and second times by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said resolution was read a third time by unanimous consent.

Resolved, That it pass.

[It will be observed this resolution was considered in Committee of the Whole and had three readings.] (See Cong. Globe, p. 389.)

CONCURRENT RESOLUTIONS. (See President's Approval.)

CONFERENCES.

INTRODUCTORY.

1. The necessity for.

2. The parliamentary law concerning.

3. Old rule followed in practice.

4. Importance of the rule commented upon.

5. Conferences were formerly of a dual character.

6. The only rules in force.

7. In present practice all conferences are "Full and free."

8. As to manner of conducting.

9. Usual forms for requesting a conference.

ADHERENCE.

10. Conference granted after adherence.

11. Conferees recommend adherence, and Senate votes to adhere.

12. Senate agrees to a conference, after adherence.

13. Mr. Webster's views as to the granting of a conference after a vote of adherence.

14. Requested by House after adherence by Senate, and refused by Senate.

15. One House having adhered, the other may further insist and ask a conference.

16. Bills have repeatedly failed of passage by the adherence of both

Houses.

AMENDING CONFERENCE REPORTS.

17. Can not directly be modified.

18. Reports amended by resolution.

19. Report recalled, withdrawn, and amended.

CONCURRENCE IN REPORTS OF.

20. Nothing can take precedence of question of.

21. Committee reports concurrence in some amendments, its recedence from others, and recommends that the Senate insist as to another.

CORRECTING REPORTS OF.

22. Engrossing clerk instructed by concurrent resolution to correct clerical error in.

DIVIDING REPORTS OF.

28. Propositions in report.considered separately.

INSTRUCTING CONFEREES.

24. Senate instructs its conferees to agree to House proposition. 25. Not necessary to notify House of instructions to Senate conferees.

26. Senate conferees instructed to agree to "proper amendments." 27. House instructs its managers; Senate declines further conference. 28. Senate instructs its conferees in specific terms.

29. Motion to instruct is amendable.

30. Motion to recommit with instructions, held not to be in order. 31. Senate agrees to a further conference where House has instructed its conferees.

32. Senate refuses to instruct, but insists and asks a further conference. 33. Conferees authorized to consider questions not in disagreement. 34. "Senate can not do indirectly through the instrumentality of a conference committee what it has no power to do by its own direct action."

35. General practice in the Senate is against instructions.

36. The House having instructed its managers, Senate declined to participate in a further conference and asked a "free conference." 37. House having instructed its managers for a second conference, Senate declined and asked a "free conference."

38. The House insists upon right to instruct, but not so when it asks a "free conference."

MANAGERS OF.

39. Are not limited as to number.

40. Various designations for.

41. The House formally recognizes title of "managers."

42. Reporting inability to agree, submit recommendations to their respective Houses.

43. Discussion as to rule governing their appointment.

44. Principles governing the appointment of.

45. All named from one political party, members of minority party refusing to serve.

46. All named representing the attitude of the majority.

47. Powers of conference committee which has not reported continue over a recess of a Congress.

48. One House informs the other of any change made in the personnel of its managers.

49. Decline to proceed in conference in the absence of a House manager. 50. Senate has referred petitions directly to a committee of conference. 51. May make a partial report, settling some of the questions in controversy and leaving others unsettled.

52. Old custom was to change managers as disagreements were reported. 53. Appointed at a preceding session, reappointed.

54. Before they may report the other House must be notified of their appointment, and a meeting must be held.

55. The House asking a conference need not, at the same time, transmit the names of its managers.

56. Sometimes dissent from a portion of a report.

57. Report inability to agree, House votes to adhere to its disagreement, whereupon Senate recedes.

PAPERS IN.

58. When not necessarily surrendered.

59. When a, was asked before disagreement, report was first made in the House agreeing to the conference.