Mr. BURROWS. Exactly; but I call the Senator's attention to the rule which provides that "the reading of the Journal shall not be suspended unless by unanimous consent."

The VICE PRESIDENT (Mr. Sherman). The Secretary will conclude the reading of the Journal.

The Secretary resumed and concluded the reading of the Journal. (See Cong. Record, pp. 5179, 5180, 5181, 5182.)

APRIL 22, 1910.

The VICE PRESIDENT (Mr. Sherman). If the Chair may have the indulgence of the Senate for just one moment, Rule III provides, first, that the presiding officer take the chair; second, that a quorum be present-which is always assumed to be present under all circumstances until some question to the contrary has been raised; third, that the Journal of the proceedings of the preceding day shall then be read, and that during that reading it shall not be interrupted except by unanimous consent.

Rule V provides that the question of the presence of a quorum may be raised by a Senator, and is mandatory as to a call of the Senate being proceeded with immediately. But how is that question raised? It is raised by a Senator rising in his place, being recognized by the Chair, and raising the question.

Rule III prohibits the Chair from recognizing any Senator during the reading of the Journal for any purpose whatever except to ask unanimous consent that the reading of the Journal be dispensed with. Therefore, this morning, until the reading of the Journal was completed, no question of the presence of a quorum could be raised. It could have been raised before the reading was begun or after it was completed. The reading was afterwards completed. Then the question was raised.

Both the Senator from Indiana (Mr. Beveridge) and the Senator from Georgia (Mr. Bacon) have stated that the question was one of privilege. Conceded; yet Rule VI provides that

"Questions of privilege shall always be in order, except during the reading and correction of the Journal."

Mr. BACON. Will the Chair pardon me a suggestion in that connection?

The VICE PRESIDENT (Mr, Sherman). Certainly,

Mr. BACON. I only spoke of it as a matter of privilege upon the ground that every question of order is a matter of privilege. This is a question of order, not a question of privilege except in so far as every question of order is privileged. A question of order can be raised at any time.

The VICE PRESIDENT (Mr. Sherman). The question of privilege could not, under the rule, interrupt the reading of the Journal. Of course, the Senator is correct in saying that Rule V is mandatory; but until a Senator is properly recognized by the Chair, he can raise no point; he has not the floor until the Chair recognizes him as having the floor; and so this morning the point was not raised until the reading of the Journal was completed.

Mr. BEVERIDGE. I rise to a parliamentary inquiry, Mr. President.

The VICE PRESIDENT (Mr. Sherman). The Senator from Indiana will state his parliamentary inquiry.

Mr. BEVERIDGE. Suppose that five Senators are present when the reading of the Journal is begun, that the question of a quorum is not permitted until the reading is concluded, and at the conclusion five Senators are still present, and no more. The question of the absence of a quorum is suggested; the roll is called; and a quorum appears. The question then is, Shall the Journal as read be approved?

The VICE PRESIDENT (Mr. Sherman). Yes.

Mr. BEVERIDGE. Very well. How would the quorum, which was not present to hear the Journal read, know what they were approving?

The VICE PRESIDENT (Mr. Sherman). The quorum could order the Journal reread five times or forty times if it so desired. It is always in the power of a majority to order the rereading of the Journal.

*

*

*

*

The assumption is that a quorum was present until the roll call demonstrated something to the contrary. The roll call having demonstrated that at 20 minutes after 11 o'clock only three Senators were present does not demonstrate the fact that at 1 minute after 11 o'clock there were not 80 Senators present before the roll call was begun or before the count was made. (See Cong. Record, pp. 5183, 5184.)

LEGISLATIVE TRICK.

61st Cong., 1st sess.; J., pp. 102, 103.]

JUNE 11, 1909.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 1438) to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes.

The question being on the amendment proposed by Mr. La Follette to further amend the bill, as follows:

Amend paragraph 356 by striking out the word "three," in line 23, on page 124, and insert the word two, etc.

Mr. La Follette, while addressing the Senate, having used the following language: "Mr. President, let me say to the Senator from Rhode Island that he need not feel any anxiety about the report which Senators from the Middle West will be able to make when they return here after having met, and stated their positions upon all these questions to, their constituents. He can not by any legislative trick in amendments that have been voted upon plant in the mind of any Senator here who has been exercising some independence any timidity or terror."

Mr. Gallinger raised a question of order, viz: That it was not in order to charge a Senator with practicing a legislative trick.

The Vice President (Mr. Sherman) sustained the question of order and decided that the remarks were in violation of Rule XIX, clause 2, and that the Senator from Wisconsin should proceed in order. (See Cong. Record, p. 3127.)

LIMITATION OF SUBJECTS TO BE CONSIDERED.

40th Cong., 1st sess.; J.,. pp. 134, 135.]

JULY 5, 1867.

The following resolution, setting definite limits to legislation for the remainder of the first session of the Fortieth Congress, was agreed to. (Acts of Reconstruction.) Resolved, That the legislative business of this session be confined to removing the obstructions which have been, or are likely to be, placed in the way of the fair execution of the acts of reconstruction heretofore adopted by Congress; and to giving to said acts the scope intended by Congress when the same were passed; and that further legislation at this session on the subject of reconstruction, or on other subjects, is not expedient.

40th Cong., 1st sess.; J., pp. 143, 144, 145, 146.]

JULY 11, 1867.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 131) to give effect to an act entitled "An act to provide for the more efficient government of the rebel States," passed March 2, 1867.

On motion by Mr. Drake, to amend the bill by inserting:

Sec. -. And be it further enacted, That no constitution adopted by any of said rebel States shall entitle such State to representation in the Congress of the United States unless it declare that such State shall ever remain a member of the American Union; that every citizen of such State owes permanent allegiance to the United States; and that no law or ordinance of such State in subversion or contravention of the authority of the United States can have any binding force;

Mr. Trumbull raised a question of order, viz: That the amendment contains provisions which are excluded by the resolution of the Senate of the 5th instant, limiting the subjects of legislation at the present session.

The President pro tempore (Mr. Wade) decided the amendment not in order under the resolution of the Senate of the 5th instant.

From this decision of the Chair Mr. Drake 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 yeas 24, nays 13.

[Ibid.]

On motion by Mr. Buckalew to further amend the bill by inserting at the end thereof the following as an additional section:

Sec.. And be it further enacted, That in the election of Representatives in Congress from the said States mentioned in the act of second March, eighteen hundred and sixty-seven, each elector shall be entitled to give as many votes as there are Representatives assigned to his State by apportionment of law, and he may give one vote to each of the requisite number of persons to be chosen, or may cumulate his votes and bestow them at his discretion upon one or more candidates less in number than the whole number of Representatives to be chosen from such State.

Mr. Trumbull raised a question of order, viz: That the amendment contains provisions which are excluded by the resolution of the Senate of the 5th instant, limiting the subjects of legislation of the present session.

The President pro tempore submitted the question of order to the decision of the Senate, to wit:

Is the amendment in order under the resolution of the Senate of the th instant? and After debate,

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449

It was determined in the negative-yeas 7, nays 22.

Several other amendments requiring the legislatures of the States to establish a system of public schools, that there should be no elections of State or National officers until after the same had been approved by Congress, etc., were offered, but were decided by the Senate to be not in order, under the resolution of the 5th instant. 40th Cong., 1st sess.; J., p. 152.]

JULY 12, 1867.

On motion by Mr. Sumner, that the Senate proceed to the consideration of the bill (S. 115) to enforce the several provisions of the Constitution abolishing slavery, declaring immunities of citizens, and guaranteeing a republican form of government, by securing the elective franchise to colored citizens,

Mr. Edmunds raised a question of order, viz: That the consideration of the bill was not in order under the resolution of the Senate of the 5th instant, limiting the legislation at the present session to legislation "giving the scope intended by Congress" to the acts of reconstruction. (See J., p. 135.)

After debate,

The President pro tempore submitted the question of order to the decision of the Senate, to wit:

Is the consideration of the bill in order under the resolution of the Senate of the 5th instant? and

It was determined in the negative-yeas 12, nays 22.

MAJORITY. (See PLURALITY VOTE.)

MINORITY.

35th Cong., 1st sess.; J., p. 418.]

MAY 5, 1858.

A committee reports by its chairman that they could not agree upon a report upon a subject referred to them, and asks to be discharged from its consideration. A member of the committee offered to submit a bill embracing the subject referred. A question of order was raised that a minority of a committee had no power to originate or bring in a bill. The Vice President (Mr. Breckinridge) ruled that a minority may be allowed to submit its views. (See Cong. Globe, pp. 1958, 1959.)

39th Cong., 1st sess.; J., pp. 624-625.]

JULY 7, 1866.

Mr. Johnson asked leave to submit the views of the minority of the joint committee appointed to inquire into the conditions of the States which formed the so-called Confederate States of America on the subjects treated of in the report of that committee, submitted to the Senate on the 8th of June;

Whereupon,

Mr. Trumbull submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the paper presented by the Senator from Maryland be received as the views of the members of the Joint Committee of Fifteen who have signed the same; but, in receiving said paper subsequent to the time when the majority report was received, the Senate does not mean to sanction the right to present said paper at this time, nor to establish a precedent for its future action. (See Cong. Globe, pp. 3646, 3649.)

[The views of the minority of a committee may be expressed by a bill, but it has no parliamentary status.]

MORNING BUSINESS. (See MORNING HOUR.)

MORNING HOUR.

1. Its expiration.

2. Certain routine business after the meeting of the Senate is morning business.

3. May not be dispensed with except by unanimous consent until one hour after the meeting of the Senate.

1. ITS EXPIRATION.

35th Cong., 1st sess.; J., p. 431.]

MAY 10, 1858.

The Vice President submitted for the decision of the Senate whether, the time of daily meeting of the Senate being recently fixed at 11 o'clock, the special order of the day should be called one hour after the meeting of the Senate or at 1 o'clock; and The Senate decided that the special orders be called one hour after the daily meeting of the Senate. (See Cong. Globe, pp. 19, 20.)

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. Rec., pp. 1328-1330.)

35th Cong., 2d sess.; J.,

p. 136.]

JANUARY 14, 1859.

A motion to adjourn over to Monday not in order during the morning hour. (Vice President Breckinridge, Cong. Globe, p. 370.)

Ib.; J., p. 319.]

FEBRUARY 15, 1859.

The Chair having called for the presentation of petitions, a motion was made to take up a bill. The Vice President (Mr. Breckinridge) decided that the motion to take up a bill in the Senate required unanimous consent. (See Cong. Globe, p. 1032.) Ib.; J., p. 323.] FEBRUARY 16, 1859.

A motion to postpone previous orders and take up a bill decided by the Senate, on an appeal, to be in order in the morning hour. (See Cong. Globe, p. 1052.)

Friday having been set apart for the Private Calendar, during the morning hour a Senator offered to present a petition, when a question of order was raised, viz, whether, under the order setting apart Friday of each week for the bills on the Private Calendar, those bills should not be called by the Chair immediately after the reading of the Journal. The Vice President (Mr. Breckinridge) decided that the Private Calendar should be treated as other special orders and not be called until after the expiration of the morning hour. This decision was appealed from and sustained by the Senate. (See Cong. Globe, pp. 1074, 1075; also on Feb. 12, 1859; 35th Cong., 2d sess.; J., p. 308; Cong. Globe, pp. 997, 998.)

50th Cong., 1st sess.; J.,

p. 1266.]

AUGUST 10, 1888.

Mr. Hoar submitted the following resolution, which was considered by unanimous consent and agreed to:

Resolved, That after to-day, unless otherwise ordered, the morning hour shall terminate at the expiration of two hours after the meeting of the Senate. (See Cong. Record, p. 426.)