CONTINGENT EXPENSES. (See CONTINGENT FUND.).

CONTINGENT FUND.

1. Resolutions requiring the expenditure of money must be referred to the Committee to Audit and Control the,

2. An amendment to pay money from the, must be referred to the Committee to Audit and Control the, of the Senate.

3. An amendment to a resolution calling for the payment of money from the, must be referred to the Committee to Audit and Control the, of the Senate.

1. RESOLUTIONS REQUIRING THE EXPENDITURE OF MONEY MUST BE REFERRED TO THE COMMITTEE TO AUDIT AND CONTROL THE.

61st Cong., 1st sess.]

PROPOSED INVESTIGATION BY FINANCE COMMITTEE.

MAY 15, 1909.

Mr. GORE. Mr. President, I desire to offer a resolution, for which I ask immediate consideration.

The resolution (S. Res. 45) was read, as follows:

"Senate resolution 45.

"Whereas it has been repeatedly asserted and generally admitted in the Senate during the debate on the pending tariff bill that current prices in the United States are unreasonable and exorbitant; and

"Whereas there is a radical and irreconcilable division of opinion as to who is responsible for these extortionate prices; and

"Whereas there are those who believe that the manufacturers are primarily responsible and others who believe that the wholesale and retail dealers are responsible; and "Whereas it is important that the truth should be known, that the innocent should

be vindicated, and the guilty alone charged with the blame and responsibility: Now, therefore, be it

"Resolved by the Senate of the United States, That the Committee on Finance, or any subcommittee thereof, consisting of representatives of both political parties, are hereby instructed to investigate and report to the Senate at the earliest possible date

"First. The import prices of various articles of general and ordinary consumption. "Second. The wholesale prices of said articles.

"Third. The retail prices of said articles.

"Fourth. The prices of similar articles of domestic production, as fixed, charged, and received by the manufacturers thereof and the wholesale and retail dealers therein. And be it further

"Resolved, That the said committee or subcommittee is hereby empowered to subpoena witnesses, administer oaths, compel the production of books and papers, and do all other acts and things necessary to carry this resolution into effect.”

Mr. HALE. I move that the resolution be referred to the Committee on Finance.

The VICE PRESIDENT (Mr. Sherman). May the Chair suggest that the resolution requires the expenditure of money and must of necessity go to the Committee to Audit and Control the Contingent Expenses of the Senate?

Mr. HALE. It had better be decided now by the Senate. I move to refer the resolution to the Committee on Finance. (See Cong. Record, p. 2052.)

May 18, 1909, the above resolution was modified by omitting the second clause in regard to summoning witness, etc., and referred to the Committee on Finance. (See Cong. Record, pp. 2131 to 2140.)

2. AN AMENDMENT TO PAY MONEY FROM THE, MUST BE REFERRED TO THE COMMITTEE TO AUDIT AND CONTROL THE, OF THE SENATE.

62d Cong., 1st sess.]

JULY 28, 1911.

Senate resolution 118 authorizing certain committees to employ a messenger each at a salary of $1,200 per annum, etc., being under consideration, Mr. Paynter offered an amendment increasing the amount to be paid out of the contingent fund.

Mr. CLARKE of Arkansas. Mr. President, I raise the point of order that the amendment is not in order. It proposes an increase of $12,000 to be paid out of the contingent fund of the Senate. It is in violation of the rule which, after providing for the creation of the Committee to Audit and Control the Contingent Expenses of the Senate, to consist of 5 Senators, says:

"To which shall be referred all resolutions directing the payment of money out of the contingent fund of the Senate or creating a charge upon the same."

The amendment proposed by the Senator from Kentucky has never been considered by that committee, and by a statute of the United States is not in order at this time. Mr. PAYNTER. Mr. President, I do not understand that that rule would prevent an amendment to the pending resolution

Mr. CLARKE of Arkansas. It creates a charge on the contingent fund.

The VICE PRESIDENT (Mr. Sherman). The Senator's amendment proposes a charge upon the contingent fund in excess of the statutory limitation, beyond which the Senate can not go without a reference to the committee, and it involves a matter which has not been considered by the committee. That is the impression of the Chair and the Chair feels constrained to sustain the point of order. (See Cong. Record, pp. 3299, 3300, 3301.)

3. AN AMENDMENT TO A RESOLUTION CALLING FOR THE PAYMENT OF MONEY FROM THE, MUST BE REFERRED TO THE COMMITTEE TO AUDIT AND CONTROL THE, OF THE SENATE.

62d Cong., 3d sess.; J., pp. 52, 53.]

JANUARY 6, 1913.

The President pro tempore laid before the Senate the resolution yesterday submitted by Mr. Clapp, proposing an amendment to the resolution of the Senate of August 26, 1912, providing for the investigation of campaign contributions, so as to include campaign contributions during the last presidential election, etc.

Mr. Oliver raised a question of order, viz, that the resolution calls for the payment of money out of the contingent fund of the Senate, and the consideration thereof at the present time, without first being referred to the Committee to Audit and Control the Contingent Expenses of the Senate, is in contravention of Rule XXV, and is, therefore, not in order.

The President pro tempore (Mr. Bacon) sustained the point of order, and after directing the reading of the following statutes:

"Hereafter no payment shall be made from the contingent fund of the Senate unless sanctioned by the Committee to Audit and Control the Contingent Expenses of the Senate, or from the contingent fund of the House of Representatives unless sanctioned by the Committee on Accounts of the House of Representatives. And hereafter payments made upon vouchers approved by the aforesaid respective committees shall be deemed, held, and taken and are hereby declared to be conclusive upon all the departments and officers of the Government: Provided, That no payment shall be made from said contingent funds as additional salary or compensation to any officer or employee of the Senate or House of Representatives. (25 Stats., p. 546.)

"That hereafter appropriations made for contingent expenses of the House of Representatives or the Senate shall not be used for the payment of personal services, except upon the express and specific authorization of the House or Senate in whose behalf such services are rendered. Nor shall such appropriations be used for any expenses not intimately and directly connected with the routine legislative business of either House of Congress, and the accounting officers of the Treasury shall apply the provisions of this paragraph in the settlement of the accounts of expenditures from said appropriations incurred for services or materials subsequent to the approval of this act." (32 Stats., p. 26.)

"No payment shall be made from the contingent fund of either House of Congress unless sanctioned by the Committee to Audit and Control the Contingent Expenses of the Senate or the Committee on Accounts of the House of Representatives, respectively." (Sec. 76, Rev. Stats.)

He said:

"In passing upon the question, the Chair, of course, can not be influenced in any degree by the question whether or not he favors the purpose of the resolution. It must be decided exclusively upon the question whether or not it is in order under the rules of the Senate and the statute law.

"In the opinion of the Chair, the resolution should go to the Committee to Audit and Control the Contingent Expenses of the Senate. The reasons have been fully stated by several Senators, and among others the Chair desires to say that the statement made by the Senator from California [Mr. Works], in his opinion, briefly and clearly expresses the necessity for a reference of the resolution to the Committee to Audit and Control the Contingent Expenses of the Senate.

"The original resolution was one which authorized an investigation of a certain expenditure in a certain campaign, and was limited to that campaign; that matter was referred to the Committee to Audit and Control the Contingent Expenses of the Senate. This amendment provides for an altogether new investigation of expenditures in an altogether different campaign. In the opinion of the Chair, this amendment stands in exactly the same position before the Senate as if an independent resolution had been offered for the investigation of the expenses in the campaign of 1912."

And

Ordered, That the said resolution be referred to the Committee to Audit and Control the Contingent Expenses of the Senate. (See Cong. Record, pp. 1050, 1051, 1052.)

COURT OF ARBITRATION.

The Congressional Record reveals one instance where the Senate acted as a quasi court of arbitration.

In 1901 Congress enacted into the statute an agreement made by the Dawes Commission with the loyal Creek Indians whereby their claim was to be "submitted to the Senate of the United States for determination," the Senate acting as a court of arbitration. The act provided that whatever sum was awarded "provision shall be made for immediate payment of the same." (31 Stat. L., 869, sec. 26.)

In pursuance of that act the claim of the loyal Creeks was duly submitted to the Senate and sent to the Committee on Indian Affairs for investigation. The committee examined treaties and records, heard testimony from the claimants, both oral and by depositions, heard counsel, who submitted briefs, and finally reported its findings to the Senate as an item on the Indian appropriation bill, which read as follows:

"In pursuance of the provisions of section 26 of an act to ratify and confirm an agreement with the Muscogee or Creek Tribe of Indians, and for other purposes, approved March 1, 1901, there is hereby awarded, as a final determination thereof, on the so-called 'loyal Creek claims,' named in said section 26, the sum of $1,200,000, and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated, and made immediately available," etc. (See Cong. Rec., 57th Cong., 2d sess., pp. 2252-2254. See also “Arbitration" in this volume for more complete history of the case and the discussion thereon.)

395

CREDENTIALS.

1. Senators sworn without.

2. Consideration of, a question of privilege.

3. That a resolution declaring a Senator not entitled to his seat was not a question of the highest privilege, and must stand over one day.

4. Consideration of, may be laid on the table, etc.

5. During consideration of, may go into executive session.

6. During consideration of, an amendment which is simply a declaration of principles not in order.

1. SENATORS SWORN WITHOUT.

Cases are numerous where Senators were sworn in who were not in possession of. James Lloyd, jr., appointed a Senator by the Legislature of the State of Massachusetts attended, stating that he was elected, but not in possession of his credentials. He was sworn in March 4, 1809, special session of the Senate, after adjournment of Tenth Congress. (J., pp. 365, 366.)

Tuesday, May 23, 1809, Mr. Lloyd produced his credentials, which were read. (11th Cong., 1st sess.; J., p. 374.)

22d Cong., 1st sess.; J., p. 5.]

DECEMBER 5, 1831.

Mr. Dudley stated that the Hon. William L. Marcy had been appointed a Senator by the Legislature of New York for the term of six years, but that his credentials had not been forwarded; and Mr. Bell stated that the Hon. Josiah S. Johnston, who had been appointed a Senator by the Legislature of the State of Louisiana for the term of six years, had not received his credentials. The oath prescribed by law was thereupon administered to Mr. Marcy and Mr. Johnston, and they took their seats in the Senate. 42d Cong., 3d sess.; J., pp. 600, 601, 605.] MARCH 4, 7, 1873.

Mr. Hamlin stated that Mr. Roscoe Conkling had been elected a Senator by the Legislature of New York but that his credentials had not yet been received. Whereupon, on motion of Mr. Hamlin,

The oaths prescribed by law were administered to Mr. Conkling and he took his seat in the Senate. On March 7, 1873, Mr. Hamlin presented the credentials of Mr. Roscoe Conkling, elected a Senator by the Legislature of New York for the term of six years, commencing March 4, 1873, which were read. (Special session of the Senate.) PRIVILEGE.

FEBRUARY 25, 1858.

2. CONSIDERATION OF, A QUESTION OF 35th Cong., 1st sess.; J., pp. 215, 216.] The question was raised whether the presentation of credentials and papers involving the right of a State to representation in the Senate was a privileged subject, but before a decision thereon the matter involved was referred to a committee. (See Cong. Globe, pp. 861-867.)

45th Cong., 1st sess.; J., pp. 16, 17.]

OCTOBER 17, 1877.

Mr. Thurman presented the credentials of Henry M. Spofford, elected a Senator by the Legislature of the State of Louisiana for the term of six years, commencing March 4,