THE PRESIDENT.

1. Has no right to send a protest to the Senate against any of its proceedings. 2. Not in order to reflect on motives of.

1. HAS NO RIGHT TO SEND A PROTEST TO THE SENATE AGAINST ANY OF ITS PROCEEDINGS.

23d Cong., 1st sess.; J., pp. 248, 249.]

MAY 6, 1834.

The Senate resumed the consideration of the motion of Mr. Poindexter, as modified by him on the 23d ultimo (see Journal, p. 231), in relation to the communication from the President of the United States, which was read on the 17th ultimo; and

On motion by Mr. Calhoun,

To amend the same by adding thereto the following words:

That the President of the United States has no right to send a protest to the Senate against any of its proceedings.

That the Senate do not receive the protest of the President.

A division of the motion was demanded by Mr. Webster; and, on the question to agree to the first member thereof, there were-yeas 25, nays 17; so it was agreed to. The question recurring on the second member of said amendment, Mr. Clay moved to lay it on the table; which motion the Chair (Mr. King of Alabama) decided was not in order, on the ground that the two resolutions were one amendment, from which decision Mr. Clay appealed, and decision of the Chair was sustained: yeas 34, nays 4. The amendment was then rejected-yeas 7, nays 34. (Cong. Globe, p. 368.)

2. NOT IN ORDER TO REFLECT ON MOTIVES OF.

43d Cong., 1st sess.]

MAY 15, 1874.

Mr. Chandler had stated: "The policy that has been announced in the veto message on the currency question would show that it is extremely doubtful whether the President will sanction any inflation of an irredeemable currency."

The President pro tempore (Matt H. Carpenter): "That would have been out of order then, and it is out of order now." (See Cong. Record, p. 3919.)

60th Cong., 1st sess.; J., pp. 115, 116.]

JANUARY 8, 1908.

3. COMMUNICATIONS PROM THE HEADS OF DEPARTMENTS TO BE RECEIVED THROUGH THE.

Resolved, That no communications from heads of departments, commissioners, chiefs of bureaus, or other executive officers, except when authorized by law or when made in response to a resolution of the Senate will be received by the Senate unless such communications shall be transmitted to the Senate by the President. (See Cong. Record, p. 772.)

472

THE PRESIDENT'S APPROVAL.

19th Cong., 2d sess.; J., p. 28.]

DECEMBER 8, 1826.

A message from the House of Representatives announced that they have passed a resolution for the appointment of a Joint Library Committee, and have appointed a committee, accordingly, on their part; in which they request the concurrence of the Senate.

The said resolution having been read,

The Vice President (John C. Calhoun) stated to the Senate that he entertained doubts whether the last clause of the seventh section of the first article of the Constitution of the United States, and the twenty-fifth rule for conducting business in the Senate, do not require that this resolution should be treated, in all respects, as a subject to be laid before the President of the United States for his approval; and that, with a view to a more correct decision, he would call for the sense of the Senate on the question, "Does this resolution require three readings?" which was accordingly put, and determined in the negative.

NOTE.-In an elaborate report, No. 1335 (54th Cong., 2d sess.), made by Mr. David B. Hill, of New York, on behalf of the Judiciary Committee, said: "Whether concurrent resolutions are required to be submitted to the President of the United States' must depend, not upon their mere form, but upon the fact whether they contain matter which is properly to be regarded as legislative in its character and effect. If they do, they must be presented for his approval; otherwise they need not be." In other words, we hold that the clause in the Constitution which declares that every order, resolution, or vote must be presented to the President, to "which the concurrence of the Senate and House of Representatives may be necessary," refers to the necessity occasioned by the requirement of the other provisions of the Constitution, whereby every exercise of "legislative powers" involves the concurrence of the two Houses; and every resolution not so requiring such concurrent action, to wit, not involving the exercise of legislative powers, need not be presented to the President. In brief, the nature or substance of the resolution, and not its form, controls the question of its disposition. This report was not acted on by the Senate, hence has no authority of law. In the early days of Congress the President approved simple resolutions as well as bills and joint resolutions, although he did not approve three of the latter during those Congresses.

[A resolution that does not require the approval of the President does not require three readings.]

PRESIDENT'S MESSAGE.

RECEPTION OF, WITHOUT A QUORUM.

49th Cong., 1st sess.; J., p. 1288.]

AUGUST 5, 1886.

The President pro tempore (Mr. Sherman) decided that less than a quorum could not take a recess. (See Cong. Record, p. 8022.)

At same time decided that less than a quorum could receive a message from the President of the United States, because the rules do not exclude a message from the House of Representatives or the President in absence of a quorum. (J., pp. 1288, 1289; idem., p. 8022.)

An appeal was taken, but because of a want of a quorum it was not entertained by the President pro tempore. (J., p. 1288; Cong. Record, pp. 8022, 8023.)

Same points decided same way and message of the President was read. (J., p. 1292; Cong. Record, p. 8022.)

PRESIDENT OF THE SENATE PRO TEMPORE.

1. During the election of a, in the absence of the Vice President, a Senator was designated to preside.

2. A majority vote is required to elect a, and the unfinished business may not be laid before the Senate during the election of a.

3. Election of a, may be by resolution, ballot, or a call of the roll.

4. The, given extra compensation.

1. DURING THE ELECTION OF A, IN THE ABSENCE OF THE VICE PRESIDENT A SENATOR WAS DESIGNATED TO PRESIDE.

62d Cong., 1st sess.; J., pp. 60, 61,

62.]

MAY 11, 1911.

The Presiding Officer (Mr. Lodge in the chair) called the attention of the Senate to the fact that having been called to the chair by the Vice President before the Senate had proceeded to the election of a President of the Senate pro tempore, he did not under clause 2 of Rule I of the Senate have the right to occupy the chair at this time. On motion by Mr. Bailey, and by unanimous consent,

Ordered, That clause 2 of Rule I of the standing rules of the Senate be suspended, and that the present occupant of the chair should preside during the election of a President of the Senate pro tempore. (See Cong. Record, pp. 1183, 1184.)

Similar proceedings were had May 15, 1911. (See Cong. Record, p. 1204.)

62d Cong., 1st sess.]

MAY 15, 1911.

The PRESIDING OFFICER (Mr Lodge). The Senate will proceed to the election of a President pro tempore.

The Chair desires to say, before action is taken, that on Thursday last the Senate, by unanimous consent, suspended clause 2 of Rule I, which provides that the Secretary shall take the chair pending the election of a President pro tempore, and continued in the chair its present occupant. Whether that action was intended to be continuous, covering all proceedings connected with the election of a President pro tempore or was for that day only, it is not for the Chair to determine. It is for the Senate to determine that question before we proceed further.

Mr. SHIVELY. I ask unanimous consent that clause 2 of Rule I be suspended and that the senior Senator from Massachusetts [Mr. Lodge] occupy the chair during the proceedings to elect a President pro tempore.

The PRESIDING OFFICER (Mr. Lodge). The Senator from Indiana moves that the present occupant of the chair continue to occupy it during the proceedings

Mr. SHIVELY. If the Chair please, I made no motion. I asked unanimous consent. The PRESIDING OFFICER (Mr. Lodge). The Senator from Indiana asks unanimous consent that clause 2 of Rule I be suspended, and that the present occupant of the chair continue to occupy it during the proceedings connected with the election of a President pro tempore. Is there objection? The Chair hears none, and it is so ordered. (See Cong. Record, p. 1204.)

2. A MAJORITY VOTE IS REQUIRED TO ELECT A, AND THE UNFINISHED BUSINESS MAY NOT BE LAID BEFORE THE SENATE DURING THE ELECTION OF A.

.62d Cong., 1st sess.; J., 60, 61, 62.]

MAY 11, 1911.

On the first roll call, there being no choice, and before the second roll call was begun, Mr. Stone raised a question of order, viz, that a Senator having received a plurality vote should be declared elected President of the Senate pro tempore.

The Presiding Officer (Mr. Lodge) overruled the question of order and decided that under the Constitution of the United States, in the absence of any provision to the contrary, all officers of both Houses must be elected by a majority; and in the practice of the House, where there have been contests very frequently, a majority vote has been and is required.

Mr. Stone raised a further question of order, viz., that the hour of 4 o'clock having arrived, it was the duty of the Presiding Officer to lay before the Senate the unfinished business.

The Presiding Officer (Mr. Lodge) overruled the question of order, and decided that the business before the Senate was privileged and could not be interrupted by the unfinished business, or in any other way, except by the Senate laying aside the business before it or by adjourning or going into executive session, and that the present Presiding Officer occupied his position under a suspension of Rule I by the unanimous consent of the Senate, therefore during his occupancy of the chair no business is in order except that of choosing a President pro tempore. (See Cong. Record, pp. 1183, 1188, 1189.)

3. ELECTION OF A, MAY BE BY RESOLUTION, BALLOT, OR A CALL OF THE ROLL.

62d Cong., 3d sess., J., p. 34.]

DECEMBER 16, 1912.

The term for which the President of the Senate pro tempore (Mr. Bacon) was elected having expired,

Mr. Lodge, a Senator from the State of Massachusetts, in pursuance of the order of the Senate of May 15, 1911, called the Senate to order.

Whereupon,

The Senate proceeded to consider the order yesterday submitted by Mr. Smoot, providing for the election of Presidents of the Senate pro tempore for stated terms; When,

Mr. Bristow raised a question of order, viz, that the only way to elect a President of the Senate pro tempore is by ballot.

The Presiding Officer (Mr. Lodge in the chair) overruled the point of order, and held that a President of the Senate pro tempore could be elected by ballot, resolution, or by a call of the roll. (See Cong. Record, p. 695.)

4. THE, GIVEN EXTRA COMPENSATION. 28th Cong., 2d sess.; J., p. 243.]

MARCH 3, 1845.

Mr. Walker, by unanimous consent, had leave to submit the following resolution: Resolved, That the difference between the salary of Vice President and the amount received by the Hon. Willie P. Mangum, as Senator, for mileage and for pay as a Senator, and the additional pay as President pro tempore, from the thirty-first of May, one thousand eight hundred and forty-two, and the third March, one thousand eight hundred and forty-five, be paid from the contingent fund of the Senate.

The said resolution was read and the first and second times by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed, and read a third time.

The said resolution was read a third time by unanimous consent.

Resolved, That it pass.

[It will be observed this resolution was considered in Committee of the Whole and had three readings.] (See Cong. Globe, p. 389.)

PRIVATE CALENDAR.

36th Cong., 1st sess.; J., p. 233.]

MARCH 9, 1860. The Private Calendar when assigned to any particular day is to be treated as other special orders and not to be called before the expiration of the morning hour. (See Cong. Globe, pp. 1074, 1075.)

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. (J., p. 233; Cong. Globe, pp. 1074, 1075; also on February 12, 1859; 35th Cong., 2d sess., J., p. 308; Cong. Globe, pp. 997, 998.)

PRIVATE CLAIMS.

A POINT OF ORDER MAY NOT BE MADE AGAINST A, EXCEPT WHEN PROPOSED TO A GENERAL APPROPRIATION BILL.

62d Cong., 3d sess.]

FEBRUARY 26, 1913.

The omnibus public building bill being under consideration, a claim growing out of the construction of a public building having been proposed, Mr. CLAPP. It grows out of a public building.

Mr. SUTHERLAND. Yes; but it does not belong on this bill any more than if it grew out of something else, and I make the point of order against the amendment. The PRESIDENT PRO TEMPORE (Mr. Gallinger). On what ground?

Mr. SUTHERLAND. It is not germane and it is a private claim.

The PRESIDENT PRO TEMPORE (Mr. Gallinger). Neither of those points would lie. This not being a general appropriation bill, the question as to whether an amendment is germane or not does not apply; nor is there any inhibition against a private claim being attached to any bill except a general appropriation bill. Hence, the point of order is overruled. (See Cong. Record, p. 4063.)

PRIVATE CLAIMS. (See also AMENDMENTS TO GENERAL APPROPRIATION BILLS.) 476