2. CERTAIN ROUTINE BUSINESS AFTER THE MEETING OF THE SENATE IS MORNING BUSINESS. 62d Cong., 2d sess.] MARCH 5, 1912. Mr. POINDEXTER. I make a parliamentary inquiry as to the meaning of "morning business." Does not "morning business" include up until the hour of 4 o'clock, or 2 o'clock at least, the calling of the calendar, and an opportunity to move to take up matters on the calendar? The VICE PRESIDENT (Mr. Sherman). No; "morning business" is certain routine business, as laid down in the rule, that may proceed for two hours, but can be closed before, and is closed before, when the Chair so announces. After the conclusion of that business and the announcement by the Chair to that effect, then the Chair thinks the motion which the Senator made was in order, but after he had made that motion the Senator from Massachusetts made a motion, action upon which is preferential under Rule XXII, and that is the matter which must first be disposed of. (See Cong. Record, p. 2816.) 3. MAY NOT BE DISPENSED WITH EXCEPT BY UNANIMOUS CONSENT UNTIL ONE HOUR AFTER THE MEETING OF THE SENATE. 62d Cong., 3d sess.] FEBRUARY 28, 1913. Mr. POINDEXTER. Mr. President, I rise to a parliamentary inquiry. Mr. POINDEXTER. Under the rule certain routine morning business is to be transacted, and it can not be set aside unless by unanimous consent. Mr. McCUMBER. I gave notice yesterday that I would call up the pension bill immediately after the reading of the Journal to-day. Mr. POINDEXTER. I have two resolutions that can be disposed of in a minute. Mr. McCUMBER. As soon as I get up the bill I will yield to the Senator. Mr. POINDEXTER. That will dispense with morning business, and it will be impossible to get it up again. It will take but a few minutes to dispose of the resolutions. The PRESIDENt pro tempore (Mr. Gallinger). The Chair sustains the point of order made by the Senator from Washington. The motion of the Senator from North Dakota can not be entertained until 11 o'clock, the Senate having met at 10 o'clock a. m. (See Cong. Record, p. 4258.) MOTIONS. 1. Motion to postpone indefinitely may not be withdrawn without leave of the Senate. 2. Under present rule may be withdrawn. 3. Certain, not debatable. 4. No motion in order on, until vote is announced. 5. Can not consider, to discharge a committee the same day. 6. To refer a resolution after objection not in order. 7. Resolution going over one day and considered next day, could only come up again on, etc. 8. One motion to adjourn may follow another if debate intervenes. 1. MOTION TO POSTPONE INDEFINITELY MAY NOT BE WITHDRAWN WITHOUT LEAVE OF THE SENATE. 30th Cong., 1st sess.; J., p. 527.] AUGUST 3, 1848. The bill to establish the Territorial government of Oregon having been read the first and second times, Mr. Badger moved to postpone the bill indefinitely, and, having addressed the Senate, withdrew the motion. The President pro tempore (Mr. Atchison) decided that it was not competent for the Senator from North Carolina to withdraw his motion without leave being first given by the Senate. From this decision Mr. Badger appealed, and, on motion by Mr. John P. Hale, 2. UNDER PRESENT RULE MAY BE WITHDRAWN. Clause 2 of Rule 21 now provides: 2. Any motion or resolution may be withdrawn or modified by the mover at any time before a decision, amendment, or ordering of the yeas and nays, except a motion to reconsider, which shall not be withdrawn without leave. (Jefferson's Manual, Sec. XX.) 3. CERTAIN, NOT DEBATABLE. 27th Cong., 1st sess.; J., pp. 144, 145.] AUGUST 7, 1841. A motion to take up a subject ordered to lie on the table should be decided without debate. (See Cong. Globe, p. 304.) 4. NO MOTION IN ORDER ON, UNTIL VOTE IS ANNOUNCED. 41st Cong., 3d sess.; J., p. 355.] FEBRUARY 23, 1871. No motion in order until the vote on the pending question is announced by the Chair. (See Cong. Globe, pp. 1602, 1603.) 5. CAN NOT CONSIDER, TO DISCHARGE A COMMITTEE THE SAME DAY. 42d Cong., 3d sess.; J., p. 98.] DECEMBER 20, 1872. The Senate decided, by a vote of 22 yeas to 23 nays, that it was not in order to proceed to the consideration of a motion to discharge a committee from the further consideration of a bill on the day the motion was submitted, objection thereto being made by a Senator. (See Cong. Globe, pp. 322-327.) 6. TO REFER A RESOLUTION AFTER OBJECTION NOT IN ORDER. 50th Cong., 1st sess.; J., p. 940.] JUNE 7, 1888. The President pro tempore (Mr. Ingalls) decided that a motion to refer a resolution to a committee was not in order after its consideration had been objected to, being the same day of the introduction of the resolution. (See Cong. Record, p. 4979.) 7. RESOLUTION GOING OVER ONE DAY AND CONSIDERED NEXT DAY, COULD ONLY COME UP AGAIN ON, ETC. 51st Cong., 2d sess.; J., pp. 53, 54.] DECEMBER 31, 1890. The Vice President (Mr. Morton) decided that a resolution which had gone over one day, and has been considered on a day following and not disposed of, could only come up again on motion or by unanimous consent. (See Cong. Record, p. 889.) 8. ONE MOTION TO ADJOURN MAY FOLLOW ANOTHER IF DEBATE INTERVENES. 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, a third motion to adjourn was made, to which an 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.) OATHS OF SENATORS. 1. How and where taken and subscribed. 2. May be administered by oldest Member present. * * shall be bound 1. HOW AND WHERE TAKEN AND SUBSCRIBED. Clause 3, Article VI, of the Constitution: "The Senators by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States." RULE II.-Oaths, etc. The oaths or affirmations required by the Constitution and prescribed by law shall be taken and subscribed by each Senator, in open Senate, before entering upon his duties. The Presiding Officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person in respect of any matter within the jurisdiction of the Senate. SEC. 2. That the Secretary of the Senate and the Chief Clerk thereof shall, respectively, have power to administer any oath or affirmation required by law or by the rules or orders of the Senate to be taken by any officer of the Senate and to any witness produced before it. (19 Stats., p. 34.) 2. MAY BE ADMINISTERED BY OLDEST MEMBER PRESENT. 33d Cong., special session; J., p. 330.] The Senate being called to order, MARCH 4, 1853. On motion of Mr. Bodger, and by unanimous consent, Resolved, That the oath prescribed by the Constitution be administered to the new Members of the Senate by the Hon. Lewis Cass, the oldest Member of the Senate. NOTE. This session of the Senate is journalized in the volume of the Journal containing the proceedings of the second session of the Thirty-second Congress, and following them. 455 OPEN EXECUTIVE SESSIONS. 1. A specific motion is required to proceed to the consideration of a matter in, and must be made on each day. 2. Same proceedings in, as in executive session. 1. A SPECIFIC MOTION IS REQUIRED TO PROCEED TO THE CONSIDERATION OF A MATTER IN, AND MUST BE MADE ON EACH DAY. 62d Cong., 2d sess.] JANUARY 15, 1912. Mr. CULBERSON. Mr. President, I simply desire to have read at the desk as a part of what I have said Rule X, referring to unfinished legislative business. It is strictly applicable to the situation now. The PRESIDENT PRO TEMPORE (Mr. Bacon). The Secretary will read the rule indicated. The Secretary read as follows: "RULE X. "1. Any subject may, by a vote of two-thirds of the Senators present, be made a special order; and when the time so fixed for its consideration arrives the Presiding Officer shall lay it before the Senate, unless there be unfinished business of the preceding day, and if it is not finally disposed of on that day it shall take its place on the Calendar of Special Orders in the order of time at which it was made special, unless it shall become by adjournment the unfinished business. "2. When two or more special orders have been made for the same time, they shall have precedence according to the order in which they were severally assigned, and that order shall only be changed by direction of the Senate. "And all motions to change such order, or to proceed to the consideration of other business, shall be decided without debate." The PRESIDENt pro tempore (Mr. Bacon). There has been no point of order made in regard to the matter as the Chair understands. The Chair will state for the information of the Senate that if the present occupant of the chair should be called upon to rule, he would hold that the only effect of the action taken by the Senate is to require the proceedings to be had in open session rather than in secret session, and that to proceed to the consideration of a matter in open executive session will require a specific motion in the same way that a specific motion would be required to proceed to the consideration of an executive matter in secret session, and that, therefore, the matter would not come up automatically at the expiration of the morning hour. Mr. LODGE. Mr. President, as I understand the ruling of the Chair, it is that a motion for an open executive session must be made on each day? The PRESIDENT PRO TEMPORE (Mr. Bacon). The Chair is of the opinion that that is the effect of the resolution adopted. (See Cong. Record, p. 945.) 2. SAME PROCEDURE IN, AS IN EXECUTIVE SESSION. 62d Cong., 2d sess.] MARCH 7, 1912. The Senate having the general arbitration treaties under consideration, The VICE PRESIDENT (Mr. Sherman). Without objection, the amendments recommended by the Committee of the Whole are concurred in. |
