10. MAY CHANGE CONcurrent, oF THE HOUSE, TO JOINT. 50th Cong., 1st sess.; J., pp. 1062, 1063.]

JULY 5, 1888. Senate changed a concurrent resolution of the House of Representatives, to amend the enrollment of the legislative, executive, and judicial appropriation bill to a joint resolution, and passed the same. (See Cong. Record, p. 5899.)

House of Representatives agrees to Senate amendments to resolution. (Same day; p. 1065; see Cong. Record, p. 5927.)

11. A RESOLUTION WHICH HAS GONE OVER ONE DAY, AND CONSIDERED ON THE DAY FOLLOWING AND NOT DISPOSED OF, CAN ONLY COME UP ON MOTION OR BY UNANIMOUS CONSENT. 51se Cong., 2d sess.; J., pp. 52, 53, 54.] DECEMBER 24-31, 1890.

The Vice President (Mr. Morton) decided that a resolution which has 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, pp. 833–834, 889, 890.)

An appeal was taken, but not acted on.

59th Cong., 1st sess.; J., p. 91.] During proceedings with closed doors,

JANUARY 11, 1906.

The Vice President (Mr. Fairbanks) overruled the question of order raised by Mr. Bacon and decided that the resolution submitted by him on the 8th instant, regarding appointment of delegates to the Morocco conference, had been laid before the Senate on the 9th instant under the uniform rule of practice, and that the Senate had closed its doors on the motion to consider it in secret session, and having had its day in court, under the rule, it had been placed on the Calendar and could only be taken up for consideration upon motion or by unanimous consent.

The doors were thereupon reopened. (See Cong. Record, pp. 946-948.)

12. A, COMING OVER FROM A PREVIOUS DAY AND DISCUSSED UNTIL THE EXPIRATION OF THE MORNING HOUR GOES TO THE

CALENDAR.

62d Cong., 1st sess.
.]

JULY 24, 1911

The Vice President (Mr. Sherman) laid before the Senate the resolution submitted by Mr. Newlands relating to proposed legislation, coming over from a previous day. Which was discussed until the expiration of the morning hour at 2 o'clock p. m. The Vice President (Mr. Sherman) then said:

"The Senator from Iowa will suspend for a moment. The hour of 2 o'clock having arrived, the chair lays before the Senate the unfinished business (H. R. 11019) to reduce the duties on wool and the manufactures of wool."

The VICE PRESIDENT (Mr. Sherman). The Senator from Iowa (Mr. Cummins) will proceed.

Mr. Cummins was continuing his remarks when the Vice President (Mr. Sherman) said: "Will the Senator give way to the Chair for a moment? Under the Rule of the Senate the resolution offered by the Senator from Nevada (Mr. Newlands) will go to the calendar under Rule VIII. (See Cong. Record, pp. 3181, 3187-3188.)

13. THAT A, DECLARING A SENATOR NOT ENTITLED TO HIS SEAT WAS NOT A QUESTION OF THE HIGHEST PRIVILEGE, AND MUST STAND OVER ONE DAY.

61st Cong., 3d sess.; J., p. 64.]

SENATOR FROM ILLINOIS.

JANUARY 9, 1911.

Mr. Owen submitted the following resolution for consideration:

“Resolved, That the so-called election of William Lorimer on May 26, 1909, by the Legislature of the State of Illinois was illegal and void, and that he is not entitled to a seat in the United States Senate."

Mr. Gallinger raised a question of order, viz, that under the rule the resolution should go over one day, and was therefore not in order.

The Vice President (Mr. Sherman) overruled the point of order, and decided that a resolution of this character, presenting a question of the highest privilege, does not have to stand over for a day.

From the decision of the Chair Mr. Beveridge appealed to the Senate.

The Vice President (Mr. Sherman) stated the question to be, Shall the decision of the Chair stand as the judgment of the Senate?

It was determined in the negative.

So the resolution went over for one day. (See Cong. Record, pp. 648, 649.)

14. ON THE CALENDAR HAVE SAME RIGHTS AS BILLS.

53d Cong., 3d sess.; J.,

p. 25.]

DECEMBER 12, 1894.

On motion by Mr. Vest that the Senate proceed to the consideration of the resolution submitted by him on the 5th instant, instructing the Committee on Rules to report an amendment to the rules providing by proper limitations and restrictions for terminating debate.

Mr. Manderson raised a question of order, viz, that a motion to displace a pending bill under the second subdivision of Rule IX applied only to bills on the calendar and not to simple resolutions of the Senate.

The Presiding Officer (Mr. Faulkner) stated that in the practice of the Senate, the word "bill" in this connection has always been considered to mean joint resolutions, or other resolutions on the calendar; and ruled that the motion was in order. (See Cong. Record, pp. 240, 241.)

15. RESOLUTION TO PRINT A PAPER AS A DOCUMENT OR IN THE RECORD NOT IN ORDER BECAUSE IT EVADES THE RULE. 56th Cong., 1st sess.; J., pp. 107, 111.]

JANUARY 30, 31, 1900.

Mr. Pettigrew submitted the following resolution for consideration: Resolved, That the paper entitled an "Authentic review of the Philippine revolution" be printed as a document for the use of the Senate. (See Cong. Record, pp. 1295, 1296.)

The resolution went over under an objection.

Mr. Pettigrew submitted a resolution embodying in full the contents of a paper entitled "The authentic review of the Philippine revolution," to which objection had been made on the previous day to its being printed as a document.

Mr. Aldrich raised a question of order, viz, that, inasmuch as objection had been previously made to the printing of the paper, referred to in the resolution, it was in direct contravention to the spirit of the rules of the Senate, and was therefore not in order.

The President pro tempore (Mr. Frye) sustained the question of order. (See Cong. Record, p. 1328.)

16. SECRETARY OF UNITED STATES SENATE MAY NOT BE ELECTED BY BALLOT, BUT MAY BE BY A,

48th Cong., 1st sess.]

The Senate having decided to elect its officers,

DECEMBER 18, 1883.

Mr. Sherman moved that Gen. Anson G. McCook, of the city of New York, be elected Secretary of the Senate, stating he thought the rule requires it to be done by ballot.

The PRESIDENT PRO TEMPORE (Mr. Edmunds). The Chair is of the opinion that the rule as to a ballot, as its terms are expressed, only applies to the formation of committees, and a resolution or order, therefore, will suffice, which the Senator had better reduce to writing, probably, for the convenience of the clerks. (See Cong. Record, p. 156.)

24143°-S. Doc. 1123, 62-3- -33

ROLL CALL.

1. To be made by the Secretary when the Chair orders it.

2. Election of a President pro tem may be by, resolution or a call of the roll.

1. TO BE MADE BY THE SECRETARY WHEN THE CHAIR ORDERS IT. 61st Cong., 1st sess.]

THE TARIFF.

MAY 28, 1909.

The VICE PRESIDENT (Mr. Sherman). The morning business is closed. The calendar is in order.

The Senate, as in Committee of the Whole, resumed 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 VICE PRESIDENT (Mr. Sherman). The pending question is on agreeing to paragraph 213.

Mr. GORE. I want to offer an amendment to that paragraph.

The VICE PRESIDENT (Mr. Sherman). The amendment proposed by the Senator from Oklahoma will be stated.

Mr. GORE. The amendment I propose is, on page 73, line 8, after the word "refining," to strike out all that follows down to the words "1 cent per pound," so that the proposed duty on refined sugar will be 1 cent per pound.

The VICE PRESIDENT (Mr. Sherman). The Secretary will state the amendment. The SECRETARY. On page 73, line 8, after the word "refining," it is proposed to strike out "one cent and ninety one-hundredths of."

The VICE PRESIDENT (Mr. Sherman). The question is on agreeing to the amendment submitted by the Senator from Oklahoma [Mr. Gore].

Mr. ALDRICH. I ask for a vote by yeas and nays on the amendment.

The yeas and nays were ordered.

Mr. BEVERIDGE. Let the amendment be stated, Mr. President.

The VICE PRESIDENT (Mr. Sherman). The Secretary will again state the amendment,

on which the yeas and nays have been ordered.

The SECRETARY. On page 73, lines 8 and 9, strike out the words "one cent and ninety one-hundredths of," so that it will read:

"Refining, 1 cent per pound."

The VICE PRESIDENT (Mr. Sherman). The Secretary will call the roll.

Mr. BACON. Mr. President

The Secretary proceeded to call the roll, and Mr. Aldrich responded to his name. Mr. BACON. Mr. President, I addressed the Chair before the clerk called a name, and I shall again protest, and I wish to do it in the most emphatic manner, against the

habit of the clerk in calling the first name on the roll when a Senator is on the floor; and if no other means will correct it, Mr. President, I shall ask that our business be suspended and that that matter be dealt with. It is the constant practice of the clerk to do that thing I have called attention to it before—and it is an abuse of the position. Mr. President, this is no slight matter.

The VICE PRESIDENT (Mr. Sherman). May the Chair make a statement, please? Mr. BACON. Certainly.

The VICE PRESIDENT. The Chair had already directed the clerk to call the roll. The Chair had not seen the Senator rise. As the Chair had directed the clerk, the Chair thinks he is more at fault than the clerk in this case.

The VICE PRESIDENT (Mr. Sherman). If the Senator from Kansas will permit the Chair for one moment, the Chair desires to say that, in his construction of the rules of the Senate, it is the duty of the clerk to call the roll when the Chair orders it. The Chair did not on this occasion, and never will, intentionally order the clerk to call the roll for the purpose of cutting off any Senator. Certainly had the Chair seen the Senator from Georgia rise, he would not have directed the clerk to call the roll. (See Cong. Record, pp. 2484, 2493, 2494.)

2. ELECTION OF A PRESIDENT PRO TEMPORE MAY BE BY, RESOLUTION, 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.)

RULES.

1. The original.

2. Suspension of.

3. To change the, not in order except on one day's notice.

4. Relating to amendments to, by resolution, one day's notice not necessary. 5. Violation of, by giving confidential matters to a newspaper.

Clause 2 of section 5, Article I, of the Constitution provides:

"Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds, expel a Member." 1. THE ORIGINAL.

One of the first acts of the first organized Senate, and upon a second day that a quorum was present, Tuesday, April 7, 1789, was the appointing of a committee to prepare a system of rules for conducting business in the Senate. This committee was comprised of Mr. Ellsworth, Mr. Lee, Mr. Strong, Mr. Maclay, and Mr. Bassett.

The committee made its report on April 13, 1789, and on the 16th the Senate adopted the following:

Resolved, That the following rules, from No. I to XIX, inclusive, be observed: I. The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be corrected that shall have been made in the entries.

II. No Member shall speak to another, or otherwise interrupt the business of the Senate, or read any printed paper while the journals or public papers are reading, or when any Member is speaking in any debate.

III. Every Member, when he speaks, shall address the Chair, standing in his place, and when he has finished, shall sit down.

IV. No Member shall speak more than twice in any one debate on the same day, without leave of the Senate.

V. When two Members rise at the same time, the President shall name the person to speak; but in all cases the Member first rising shall speak first.

VI. No motion shall be debated until the same shall be seconded.

VII. When a motion shall be made and seconded it shall be reduced to writing, if desired by the President or any Member, delivered in at the table, and read by the President before the same shall be debated.

VIII. While a question is before the Senate, no motion shall be received unless for an amendment, for the previous question, or for postponing the main question, or to commit it, or to adjourn.

IX. The previous question being moved and seconded, the question from the Chair shall be: "Shall the main question be now put?" And if the nays prevail, the main question shall not then be put.

X. If a question in debate contain several points, any Member may have the same divided.