Congress, to be taken up, considered, or disposed of the same as though no adjournment had taken place. Rule XXXII of the Standing Rules of the Senate states this in another way. It reads in part as follows: "At the second or any subsequent session of a Congress, the legislative business of the Senate which remained undetermined at the close of the next preceding session of that Congress shall be resumed and proceeded with in the same manner as if no adjournment of the Senate had taken place." (Jefferson's Manual, Sec. LI.)

15. UNREPORTED PAPERS, ON.

On the adjournment of a first or subsequent session of a Congress all papers referred to committees of the Senate and not reported upon must be returned to the office of the Secretary of the Senate, to be retained by him in the files until the next succeeding session of that Congress, when they are returned to the respective committees formerly in possession of them. (Senate Rule XXXII; Jefferson's Manual, Sec. LI.) 16. REPEATING MOTION FOR, NO BUSINESS INTERVENING.

By the practice in the House of Representatives, there must be intervening business before a motion to adjourn may be repeated. (Hinds' Precedents, sec. 1496.) Hatsell states the practice in the British House of Commons as follows: "The question of adjournment may be moved repeatedly upon the same day, but not without some intermediate question being proposed after one motion to adjourn is disposed of and before the next motion is made for adjourning. (Hatsell, vol. 2, p. 109, note.)

In the House it has been held that a motion to adjourn is not of itself such intervening business as to allow the repetition of a motion to fix the day to which the House shall adjourn. (Hinds' Precedents, sec. 1501.) The practice in the Senate has been different. For a notable example where these motions have been offered and entertained in the Senate, one following the other repeatedly, and without other intervening business, see Thirty-Second Congress, second session; Journal, pages 351, 352. (Thursday, Mar. 24, 1853.)

35th Cong., 1st sess.; J.,

p. 261.]

MARCH 15, 1858.

The senate had just voted upon a motion to adjourn, the vote disclosing the want of a quorum. Immediately another motion to adjourn was made.

The President (Mr. Slidell in the chair) decided that this motion was not in order. From this decision Mr. Fessenden appealed.

The appeal was tabled by a vote of 20 yeas to 9 nays. (See Cong. Globe, appendix, p. 116.)

42d Cong., 2d sess.]

APRIL 20, 1872.

The bill (H. R. 174) "repealing the duty on tea and coffee" being under consideration, a call of the Senate was had, followed by a motion to adjourn, which was not agreed to. Without debate, another motion to adjourn was made, which the Presiding Officer (Mr. Ferry of Michigan) ruled out of order, "no business having intervened." Discussion having taken place, on a third motion to adjourn, objection was made. The Presiding Officer (Mr. Ferry of Michigan) said: "There was discussion that intervened, and therefore business of the Senate." (See Cong. Globe, p. 2627.)

NOTE. These decisions are not set out in the journals, and are found only in the Congressional Globe, as indicated.

17. MUST BE AN, BEFORE LEGISLATIVE DAY TERMINATES.

In the practice of the Senate there must be an adjournment before the legislative day terminates. Legislative days in the Senate have extended over three and four calendar days in numerous instances, and in the House of Representatives a single legislative day has extended over 20 calendar days. It follows from this that an adjournment does not take place by reason of the arrival of the time for the regular daily meeting of the Houses.

There is usually no formal adjournment, more than the announcement by the Presiding Officer, and no motion is made for the adjournment of the last legislative day of a Congress. The session of that day terminates (by constitutional limitation) at 12 o'clock meridian, March 4, when the birth of a new Congress takes place. (See J., 31st Cong., 2d sess., pp. 251, 261.) When it happens, as it does every six years, that the 4th of March falls on Monday, the legislative day of March 3 in entirely eliminated, for should adjournment be had on Saturday, March 2, it must, of necessity, be a final adjournment. The Senate would adjourn "to the next legislative day,' and such day would naturally begin on the following Monday at 12 o'clock noon. That legislative day, as has already been shown, is the first day of a new Congress and belongs in no manner to the old. It is generally the custom, where March 2 falls on Saturday, to take one or more recesses, sometimes sitting on Sunday, and always on Monday prior to 12 o'clock noon, such sittings being of the legislative day of Saturday, March 2.

50th Cong., 2d sess.; J., pp. 501, 526, 537, 541.]

SATURDAY, MARCH 2, 1889.

On motion by Mr. Allison, at 6 o'clock and 20 minutes p. m., the Senate took a recess until 8 o'clock and 30 minutes p. m.

The Senate reassembled at 8.30 p. m. and transacted business; when,
On motion by Mr. Allison, at 2 o'clock and 15 minutes a. m. (Sunday),
The Senate took a recess until 3 o'clock p. m.

The Senate reassembled at 3 o'clock p. m. and transacted business; when,

On motion by Mr. Allison, at 10 o'clock and 45 minutes p. m. (Sunday),
The Senate took a recess until 12 o'clock p. m.

The Senate resumed at 12 o'clock, midnight, and transacted business; when,

On motion by Mr. Plumb, at 2 o'clock and 45 minutes a. m. (Monday),

The Senate took a recess until 9 o'clock and 30 minutes a. m.

The Senate reassembled at 9.30 a. m. an transacted considerable business, and there was no formal adjournment.

The President pro tempore (Mr. Ingalls), after remarks, declared the Senate adjourned without day.

NOTE.- All of the above proceedings were of the legislative day of Saturday, March 2. The special session of the Senate, in conformity with the proclamation of President Cleveland, began immediately thereafter at 12 o'clock noon, the legislative and calendar day of March 4, 1889. For other illustrations, see proceedings of March 2, 1895; 53d Cong., 3d sess.; J., p. 171 et seq.; March 2, 1901; 56th Cong., 2d sess.; J., p. 250 et seq.

18. ROLL CALL ORDERED ON, MUST PROCEED.

58th Cong., 2d sess.; J., pp. 198, 200.] On motion by Mr. Hale,

FEBRUARY 26, 1904.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 2263) "to require the employ ment of vessels of the United States for public purposes;" and the reported amendment having been agreed to, and the bill further amended on the motion of Mr. McCumber, and the motion of Mr. Allison,

A further amendment having been proposed by Mr. Daniel,

After debate, on motion by Mr. Carmack, to recommit the bill to the Committee on Commerce, the yeas were 12 and the nays were 30.

On motion by Mr. Teller,

The yeas and nays being desired by one-fifth of the Senators present,

The number of Senators voting not constituting a quorum, the Presiding Officer (Mr. Gallinger in the chair), directed the roll to be called; when 48 Senators answered to their names.

A quorum being present, on motion by Mr. Hale,
Ordered, That the bill as amended be reprinted.

On motion by Mr. Hale, at 4 o'clock and 17 minutes p. m., the Senate adjourned. On the following day, February 27, on motion by Mr. Hale, the Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 2263),

The question being on the motion of Mr. Carmack to recommit the bill to the Committee on Commerce, the President pro tempore (Mr. Frye) held that the roll call should be immediately resumed, without debate or other intervening business.

The roll was called and the question was determined in the negative, yeas 19, nays 39.

The yeas and nays having been heretofore ordered,

[The names are omitted.]

So the motion was not agreed to. (See Cong. Record, 58th Cong., 2d sess., pp. 2418, 2419, 2457.)

19. MOTION FOR, TAKES PRECEDENCE OVER A MOTION TO ADJOURN TO A DAY CERTAIN.

61st Cong., 1st sess.; J., p. 81.]

MAY 21, 1909.

On motion by Mr. Bailey, that when the Senate adjourn it be to Monday next; On motion by Mr. Aldrich, at 5 o'clock and 30 minutes p. m., that the Senate adjourn;

When,

Mr. Bailey raised a question of order, viz, that a motion to adjourn to a day certain having been made, a motion to adjourn was therefore not in order.

The Presiding Officer (Mr. Kean in the chair) overruled the question of order, and decided that under Rule XXII a motion to adjourn took precedence over a motion to adjourn to a day certain.

On the question to agree to the motion of Mr. Aldrich,

It was determined in the affirmative; and

The Senate adjourned. (See Cong. Record, pp. 2275, 2276, 2277.)

20. WHEN ENGAGED IN THE BUSINESS OF ELECTING A PRESIDENT OF THE SENATE PRO TEMPORE THE PRESIDING OFFICER MAY SUBMIT A MOTION FOR, OR TO ADJOURN TO A DAY CERTAIN. 62d Cong., 1st sess.; J., p. 62.] MAY 11, 1911.

ADJOURNMENT TO MONDAY.

On motion by Mr. La Follette, that the Senate adjourn to Monday next, Mr. Heyburn raised two questions of order, viz, first, that presumably the Secretary of the Senate is in the chair and that he can not pass upon or submit a motion; and, second, that the two motions can not be consolidated; that the Senate must first lay aside the business in which it is engaged-the question of the election of a President pro tempore-before it can do any legislative business whatever.

The Presiding Officer (Mr. Lodge) overruled the question of order, and decided that it is within the power of the present Presiding Officer to put a motion to adjourn, in order to end the proceedings, provided an election of President pro tempore has not been effected, and as to the second branch there is no question but what the Senate can adjourn to a day certain, as it is the second privileged motion. (See Cong. Record, p. 1189.)

21. A MOTION FOR AN, TO A DAY CERTAIN, NOT DEBATABLE.

62d Cong., 2d sess.]

MAY 29, 1912.

In the discussion as to whether a motion to adjourn to a day certain was debatable the Senate acquiesced in the opinion that it was not. (See Cong. Record, pp. 7386–

22. NOTWITHSTANDING A UNANIMOUS-CONSENT AGREEMENT, A MOTION TO, OR TO PROCEED TO THE CONSIDERATION OF EXECUTIVE BUSINESS MAY BE IN ORDER.

62d Cong., 2d sess.]

FREIGHT CLASSIFICATION.

AUGUST 16, 1912.

Mr. CUMMINS. There is a unanimous-consent agreement which takes effect immediately after the disposition of the wool bill. I assume that automatically we enter upon the consideration of that bill, Senate bill 6099.

Mr. CULBERSON. I call attention to the fact that there is a special order by a vote of the Senate for to-morrow morning. I object to any unanimous-consent agreement that will interfere with it.

Mr. CULLOM. I move that the Senate proceed to the consideration of executive business.

Mr. CUMMINS. I rise to a question of order.

The PRESIDENT PRO TEMPORE (Mr. Gallinger). The Senator will state it.

Mr. CUMMINS. The unanimous-consent agreement is in force and there is nothing in order save to fulfill it, as I understand the procedure of the Senate. Mr. OLIVER and others. Regular order!

The PRESIDENT PRO TEMPORE (Mr. Gallinger). The Chair is of opinion that a motion to adjourn or to proceed to the consideration of executive business would be in order. (See Cong. Record, pp. 11081, 11082.)

23. GENERAL OBSERVATIONS ON.

In the House of Representatives, the absence of a quorum being disclosed, a motion to fix the day to which the House shall adjourn is not in order, and may not be entertained, although a quorum is disclosed on an affirmative vote on a motion to adjourn. (Hinds' Precedents, sec. 262.)

The Senate has sometimes adjourned to serve the personal convenience of its Members. Upon the announcement of the death of a Senator it is customary for the body to adjourn immediately out of respect to the memory of the deceased. During the first session of the Fifteenth Congress (Jan. 15, 1818) the following resolution was agreed to: "Resolved, That when the Senate adjourn, it adjourn until Monday next, for the purpose of having the necessary repairs made in their Chamber to render it safe for their accommodation." (J., p. 91.)

On December 12, 1823, the Senate adopted an order: "That, whenever an adjournment takes place on Friday, it be to the Monday following, until otherwise ordered. (18th Cong., 1st sess.; J., p. 37.) This order was rescinded on April 16, following. (Ib., p. 301.)

When the two Houses adjourn for more than three days, and not to or beyond the period fixed by the Constitution or law for the beginning of the next regular session, the session is not thereby terminated, but continues to be the same session of that particular Congress until an adjournment without day, or until the time arrives for the beginning of the next regular session. As an example: During the first session of the Thirty-ninth Congress, December 20, 1865, the two Houses agreed to a concurrent resolution "that when the two Houses adjourn on Thursday, the 21st instant, they adjourn to meet on Friday, January 5, 1866." On the 21st of December the Houses adjourned and on January 5 they reassembled, it still being the first session of the Thirty-ninth Congress.

While there is no rule of the Senate touching the question, it is the practice of the Journal clerk and of the executive clerk to note upon their respective Journals the exact time, as near as may be, at which the Senate adjourns each day. Rule XVI, section 5, of the House rules reads: "The hour at which the House adjourns shall be entered on the Journal."

Adjournment to a day certain. (See Adjournment.)

1. Between the Houses.

2. Susceptible of division.

3. When not divisible.

AMENDMENTS.

4. An, in lieu of a portion proposed to be stricken out, is in order.

5. An, in same terms as the words in the reported, proposed to be stricken out in order.

6. On motions to strike out, and to strike out and insert.

7. Part to be inserted regarded as a question.

8. A motion to amend motion to strike out and insert not in order where the same words were included in the rejected motion to strike out and insert.

9. Can not be withdrawn as report of committee.

10. Germane to the matter under consideration.

11. Bill, moved as amendment, always germane.

12. An, to income-tax amendment to the Constitution relating to the election of Senators by the people is in violation of unanimousconsent agreement and not germane.

13. Increasing amounts, may not be made to amendments reported.

14. Motion to take up a subject not open to.

15. Senate receding from, to a resolution, does not pass same.

16. Inconsistent, in order.

17. No rule of Senate that in an, the longest time is always put first, regardless of the order in which it is proposed.

18. Mere recital legal proposition not an amendment.

19. Debate limited on, for a limited time.

20. May not move to temporarily pass over an, reported to a bill and in order.

21. May be laid on the table.

22. Containing appropriations not estimated for but in order.

23. Not out of order after debate begins on merits. Decided next day by

the Senate as not in order.

24. In order from mere fact of reference.

25. A point of order may not be made against, to a bill not a general appropriation bill as not being germane nor a private claim.

26. Part to be inserted regarded as a question.

27. Not in order to refer to a committee an amendment to a pending bill. 28. An, to an, as a substitute for bill, repealing certain sections of the law to promote reciprocal trade relations with the Dominion of Canada, being a revenue measure, is in order.

29. Not in conflict with the Constitution.

30. Covering same subject as just agreed to-not in order.

31. That the, proposed was, in substance, the same as the, made in Committee of the Whole and disagreed to in the Senate and in order. 32. Vote of the Vice President in the affirmative on a tie vote on an, to the Constitution of the United States makes it a law.

33. General observations on.