Mr. BACON. I understood that the Senator from Massachusetts [Mr. Lodge] would offer a resolution.

Mr. LODGE. I am going to offer it now.

The VICE PRESIDENT (Mr. Sherman). Without objection, the amendments recommended by the Committee of the Whole are concurred in. Are there amendments to be offered to the treaty in the Senate?

Mr. LODGE. If the Chair will allow me, I think we are as in open executive session and not as in Committee of the Whole.

Mr. BACON. I was about to make the same point.

The VICE PRESIDENT (Mr. Sherman). The rules provide for the same procedure in executive session as in open session. But the matter is disposed of to a point where

a resolution of ratification is in order.

(See Cong. Record, p. 2954.)

ORDER, QUESTIONS OF.

1. A Senator may not be taken from the floor in the midst of a speech on a. 2. A, may not be debated unless submitted to the Senate.

3. A question of, may be made in the Senate after the bill is reported from the Committee of the Whole.

1. A SENATOR MAY NOT BE TAKEN FROM THE FLOOR IN THE MIDST OF A SPEECH ON A POINT OF ORDER.

62d Cong., 3d sess.]

FEBRUARY 22, 1913.

The river and harbor bill being under consideration, Mr. Newlands presented an amendment.

Pending debate,

Mr. Clarke of Arkansas submitted a parliamentary inquiry.

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

Mr. CLARKE of Arkansas. The Senator from Nevada having indicated that it is his purpose to debate this matter at length, even to the extent of delaying the passage of the bill to-day, that presents a question of duty to those of us who are interested in its passage. His amendment is not in order. He is proceeding outside of the rules of the Senate.

Mr. NEWLANDS. Mr. President, I do not yield to the Senator from Arkansas. Mr. CLARKE of Arkansas. He is trespassing upon the courtesy of those interested in the passage of the bill, and I think the time has arrived

Mr. NEWLANDS. Mr. President, I decline to yield.

I am

Mr. CLARKE of Arkansas. It is not a question of the Senator yielding to me. on my feet in my own right to make a perfectly proper point and to call attention to the fact that the Senator from Nevada is not addressing the Senate otherwise than by courtesy. There is no proposition pending that can be made at this time. His amendment never was referred to the Committee on Commerce.

Mr. NEWLANDS. I deny the right of the Senator to take me off the floor.

Mr. CLARKE of Arkansas. Except for parliamentary purposes and within the rules of the Senate.

Mr. NEWLANDS. I am discussing the bill in its general aspects.

The PRESIDENT PRO TEMPORE (Mr. Gallinger). The Senator from Nevada will suspend for a moment. The Senator from Arkansas has made the point of order that the amendment is obnoxious to the rule. The Chair, without expressing an opinion on that point at present, will suggest that the Senator from Nevada can not be taken from the floor in the midst of a speech on a point of order. (See Cong. Record, pp. 3636, 3662.)

2. A, MAY NOT BE DEBATED UNLESS SUBMITTED TO THE SENATE. 62d Cong., 3d sess.] FEBRUARY 25, 1913.

The next amendment was, in the item of appropriation for the allowances of inspectors, on page 3, line 6, after the word "further," to strike out "that no part of the

sums herein provided for the salaries of post-office inspectors or for per diem allowances to such inspectors shall be paid or allowed to them while they may be engaged in making selections and recommendations for the appointment of fourth-class postmasters," and insert "that when hereafter any vacancy shall occur in the office of postmaster of the fourth class in any of the States of the United States the compensation of the postmaster of which office is $300 or more per year, a special nominating election may be held for the purpose of nominating a postmaster to fill such vacancy. Such nominating elections shall be conducted by the local authorities of the county, township, incorporated town, or city in which such post office is situated, the same as the election for county, township, or municipal officers, and the laws and regulations of the State and township or city in which such post office is located shall be held to apply to and be applicable to the conduct of such nominating election; and the actual necessary expenses incurred in the conducting of such nominating election shall be paid out of the appropriation from the Treasury of the United States for the support and maintenance of the Post Office Department of the United States, and the com pensation of the necessary officials for such nominating election shall be the same as that provided by State statutes or city ordinances relating to the expenses for conducting county, township, or municipal elections," so as to make the proviso read: And provided further, That when hereafter any vacancy shall occur in the office of postmaster of the fourth class in any of the States of the United States, etc." Mr. TOWNSEND. Mr. President, I feel constrained to raise a point of order on that amendment as being general legislation.

66

The PRESIDENT PRO TEMPORE (Mr. Gallinger). The Chair will call attention to the fact that under Rule XX a point of order shall not be debated unless it is submitted to the Senate. The Chair sustains the point of order as to the part inserted by the committee. (See Cong. Record, pp. 3910 to 3914.)

3. A QUESTION OF, MAY BE MADE IN THE SENATE AFTER THE BILL IS REPORTED FROM THE COMMITTEE OF THE WHOLE. 62d Cong., 2d sess.; J., p. 478.]

SUNDRY CIVIL APPROPRIATION BILL.

On motion by Mr. Warren.

JULY 24, 1912.

The Senate resumed the consideration of the bill (H. R. 25069) making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1913, and for other purposes.

On the question to concur in the amendment on page 120, line 10, as follows:

Semicentennial exposition.

For expenses semicentennial exposition: For celebration of semicentennial anniversary of the act of emancipation, as provided by “An act providing for the celebration of the semicentennial anniversary of the act of emancipation, and for other purposes," approved April third, nineteen hundred and twelve, $250,000.

Mr. Smith of Georgia raised a question of order, viz: That the amendment proposed general legislation to an appropriation bill, is not estimated for, is not reported from any committee, and therefore not in order under the rule.

The President pro tempore (Mr. Gallinger) sustained the point of order. (See Cong. Record, p. 9532.)

[NOTE. It will be observed that the question of order was raised in the Senate after the bill had been reported from the Committee of the Whole to the Senate, on an amendment agreed to in the Committee of the Whole.]

62d Cong., 3d sess.; J., p. 243.]

FEBRUARY 27, 1913.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 28775) making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1914, and for other purposes:

No further amendment being proposed, the bill was reported to the Senate and the amendments made in the Committee of the Whole were in part concurred in. On the question to concur in the following amendment, viz, add at the end of the bill the following:

To carry into effect the provisions of Senate bill passed April second, nineteen hundred and twelve, providing for the celebration of the semicentennial anniversary of the act of emancipation, and for other purposes, $250,000.

Mr. Smith of Georgia raised a question of order, viz, that the amendment proposes general legislation to an appropriation bill, is not estimated for, and is therefore not in order under the rule.

The President pro tempore (Mr. Gallinger) submitted the question to the Senate, Is the amendment in order?

It was determined in the negative. (See Cong. Record, pp. 4201, 4202.)

[NOTE. It will be observed that the question of order was raised in the Senate after the bill had been reported from the Committee of the Whole to the Senate on an amount agreed to in the Committee of the Whole.]

ORDER OF BUSINESS.

MAJORITY TO DETERMINE.

35th Cong., 2d sess.; J., p. 309.]

FEBRUARY 12, 1859.

A motion was made by Mr. Wilson that the Senate proceed to the consideration of bills to which no objection shall be made.

Mr. Green made a point of order, that the order of business, as prescribed by the rules of the Senate, should be observed.

The President (Mr. Fitzpatrick in the chair) decided that the Senate had power, by a majority vote, to decide its order of business. (See Cong. Globe, pp. 997, 998.)

ORDER, EXISTING.

35th Cong., 1st sess.; J., p. 320.]

APRIL 6, 1858.

The call of a Senator for the execution of an existing order of the Senate held to be

a privilege. (See Cong. Globe, p. 1480.)

PAIRS.

1. A Senator may refuse to vote when he has a.

2. A, is a reason for not voting.

3. Not practice of the Senate to count a quorum as present those Senators

who announce, and refrain from voting.

4. Counting a quorum by adding names of Senators who announced they

were.

1. A SENATOR MAY REFUSE TO VOTE WHEN HE HAS A. 36th Cong., 1st sess.; J., p. 720.]

JUNE 20, 1860.

A Senator may refuse to answer to his name when called to vote when he is paired off with another Senator. (See Cong. Globe, pp. 3190, 3191.)

2. A, IS A REASON FOR NOT VOTING.

The PRESIDING OFFICER (Mr. Lodge). The Chair thinks that as a pair is a reason for not voting under the rule, excusing a Senator from voting should be submitted to the Senate after the roll call and before the result is announced. * * * The Chair is of opinion that pairs are not recognized by the rules anywhere, and that they are only a reason for not voting. (See Cong. Record, pp. 1184, 1185.)

3. NOT PRACTICE OF THE SENATE TO COUNT A QUORUM AS PRESENT THOSE SENATORS WHO ANNOUNCE, AND REFRAIN FROM VOTING.

62d Cong., 2d sess.]

Pending debate on metal schedule, then before the Senate,

MAY 25, 1912.

Mr. CUMMINS. Did not the last vote disclose the presence of a quorum?

The PRESIDENT PRO TEMPORE (Mr. Lodge). It did not.

Mr. CUMMINS. Is it not true that enough Senators have announced pairs, coupled with those who voted, to make a majority of all the Senators?

The PRESIDENT PRO TEMPORE (Mr. Lodge). It has not been the practice of the Senate to count as present, in order to make a quorum, those Senators who announce pairs and refrain from voting. (See Cong. Record, p. 7155.)

4. COUNTING A QUORUM BY ADDING NAMES OF SENATORS WHO ANNOUNCED THEY WERE.

62d Cong., 2d sess.]

JUNE 4, 1912.

The legislative, executive, and judicial appropriation bill being under consideration, an amendment of the committee was read as follows: On page 13, line 9, after the word "and", strike out 33 and insert 67, so as to read, "67 privates, at $1,050 each;" the yeas were 33 and nays 13.

The VICE PRESIDENT (Mr Sherman). On the question of agreeing to the committee amendment the yeas are 33 and the nays 13. The Senator from Texas (Mr. Bailey), the Senator from Maine (Mr. Gardner), the Senator from Arizona (Mr. Smith), the Senator from Mississippi (Mr. Williams), and the Senator from North Carolina (Mr. Simmons), having announced their pairs and that they refrained from voting because of being paired, it makes a quorum; the yeas have it, and the amendment is agreed to. Cong. Record, pp. 7615, 7616, 7617, 7618, 7619, 7620.)