The VICE PRESIDENT (Mr. Sherman). The Senator will state it.

Mr. BACON. I understood from the ruling of the Chair the Chair would rule that it would not be in order now to make Senate bill 5382 the unfinished business.

The VICE PRESIDENT (Mr. Sherman). It would not make it the unfinished business to take it up now for consideration, is what the Chair intended to rule. Mr. BACON. If the Chair rules that, I am content.

The VICE PRESIDENT (Mr. Sherman). The Chair so rules. (See Cong. Record, pp. 4976, 4977, 4978.)

The same point was raised and decided the same way, April 22, 1912, by Mr. Brandegee, who was the presiding officer. (See Cong. Record, pp. 5108, 5109.)

5. A DEMAND FOR THE "REGULAR ORDER" TAKES SENATE BACK TO THE CONSIDERATION OF THE.

62d Cong., 2d sess.]

JULY 16, 1912.

Mr. BACON. The Senator from Wyoming (Mr. Warren) moved to proceed to the consideration of the sundry civil appropriation bill. The Senator from North Carolina (Mr. Simmons) called for the regular order, which would be the resumption of the consideration of the Panama Canal bill. The question was raised whether the motion of the Senator from Wyoming was or was not in order, and I understood the Chair to say, before the roll was called for the purpose of ascertaining whether a quorum was present, that it would be in order. I then rose to a parliamentary inquiry, to ascertain if the Senate upon a majority vote should sustain the motion of the Senator from Wyoming, whether the unfinished business would not thereby be displaced and no longer be the regular order, and by that vote the appropriation bill would itself become the regular order, the unfinished business.

The PRESIDENT PRO TEMPORE (Mr. Gallinger). The Chair will frankly state, in response to the parliamentary inquiry of the Senator from Georgia, that when the Chair ruled he had forgotten the fact that the unfinished business had been temporarily laid aside. The Chair is of the opinion that a demand for the regular order would take the Senate back to the consideration of the unfinished business. (See Cong. Record, p. 9119.)

6. THE, NOT DISPLACED WHEN TEMPORARILY LAID ASIDE BY A MOTION TO TAKE UP ANOTHER BILL.

62d Cong., 2d sess.]

APRIL 22, 1912.

The unfinished business, H. R. 18642, to amend the act to provide revenue, equalize duties, etc., by unanimous consent was temporarily laid aside, and Mr. Bristow moved to proceed to the consideration of S. 2234, in relation to presidential primaries in the District of Columbia.

Mr. McCUMBER. Mr. President, I rise to a parliamentary inquiry. At the conclusion of the morning business the Senate had under consideration a subject; and I ask whether or not the unfinished business was then temporarily laid aside by unanimous consent? My understanding is that when the unfinished business is laid aside temporarily, the word "temporarily" means until the matter then before the Senate has been disposed of, and the question is, Whether immediately thereafter it does not come before the Senate without any further motion, or whether a motion made at this time to take up another subject will not in fact, if agreed to, make that subject the unfinished business? Therefore, presenting the matter as it now appears before the Senate, I ask, if the motion of the Senator from Kansas is carried, will not the subject matter as to which the motion is made become the unfinished business in place of the present unfinished business?

The PRESIDING OFFICER (Mr. Brandegee). In the opinion of the Chair it will not. In the opinion of the Chair, when the unfinished business is temporarily laid aside it

loses its place for that day as unfinished business unless taken up on motion. A Senator can at any time move to proceed to the consideration of a bill.

Mr. BACON. Mr. President, of course I do not wish to unnecessarily differ from the Chair, but, as the Chair gave no opportunity for an expression before ruling, I hope I may be indulged to say that I very gravely doubt if that would be a safe rule to pursue. I think the suggestion of the Senator from North Dakota (Mr. McCumber) correctly presents the rule, and that is, that when the unfinished business is temporarily laid aside, if it is done in the interest of another matter then pending, it would be immediately in order thereafter. At the very outside I should say that it would not go to the extent suggested by the Chair, but that on a call for the regular order it would certainly resume its place as the unfinished business; and temporarily laying it aside does not displace it. As I understand the ruling of the Chair, it was that being temporarily laid aside a measure lost its place.

I do not think it lost anything, Mr. President. It may be that the rule would not go to the extent suggested by the Senator from North Dakota, that the unfinished business would come up automatically upon the conclusion of any particular measure which might have engaged the attention of the Senate, but I have not the shadow of a doubt that it is the regular order at all times, even when temporarily laid aside, and that when temporarily laid aside the matter which shall then engage the attention of the Senate would be displaced by a call for the regular order at any time.

It would be a dangerous rule, Mr. President, that the unfinished business lost its place under such circumstances. It can not lose its place until it has been supplanted or displaced, and a call for the regular order at any time, I respectfully suggest for the consideration of the Chair, would restore it. Temporarily laying aside the unfinished business does not give the matter which has been temporarily taken up any right whatever except subject to the superior right of the regular order, which is the unfinished business.

Mr. BORAH. Mr. President, the motion of the Senator from Kansas, it seems to me, is proper, unless those who are opposing it desire to bring the unfinished business before the Senate, which they can do; but they have not done so. The unfinished business is not before the Senate unless somebody calls for the regular order.

The PRESIDING OFFICER (Mr. BRANDEGEE). The Chair will state to the Senator from Idaho that, in the opinion of the Chair, the unfinished business, which has been temporarily laid aside by unanimous consent, would automatically come before the Senate provided a motion had not intervened. Now, the Senator from Kansas moves that the Senate proceed to the consideration of another matter, and the question is, of whether or not that motion is now in order. The Chair thinks it is; but if any Senator so desires, the Chair will submit it to the Senate so that the Senate may vote upon it. In the absence of such request, the Chair will rule that the motion of the Senator from Kansas is in order.

course,

Mr. HEYBURN. Mr. President, I think the motion is in order; but I think the more serious question that Senators have in mind is as to what effect it will have on the unfinished business. It seems to me now, with the unfinished business the regular order, that if we take up by vote at this hour another matter, it will displace the unfinished business; and those who are interested in the unfinished business, which is the metal schedule bill, retaining its place, might well be on the alert.

The PRESIDING OFFICER (Mr. BRANDEGEE). The Chair is of the opinion that, where the unfinished business is temporarily laid aside by unanimous consent and the Senate proceeds to take up another matter, the unfinished business is not displaced thereby, but the Chair will submit that question to the Senate, if any Senator desires the Chair to do so.

Mr. HEYBURN. Mr. President, I thought I had learned this lesson by practical experience. The former Vice President, Mr. Fairbanks, ruled upon this question in a con

troversy where I had supposed I was safe for the day. The unfinished business being temporarily laid aside, I had assumed that it would stand for the day, but I came into the Chamber after a very brief absence and found that the unfinished business had been resumed on the motion of some Senator. I then complained of the condition in which I found myself, but the then Presiding Officer, Mr. Fairbanks, ruled that when the unfinished business was temporarily laid aside it was subject at any time during that day to call and that it was not laid aside for the day. I have always understood since that time that the rule has been adhered to.

The PRESIDING OFFICER (Mr. Brandegee). If the motion of the Senator from Kansas prevails, it will be for the Senate to decide what the effect of it has been-whether or not the unfinished business has been thereby displaced.

Mr. GALLINGER. Mr. President, if I read correctly, on page 439 of the Precedents of the Senate, we have a ruling that would seem to settle this matter:

The Presiding Officer (Mr. Chandler in the chair) announced that the hour of 1 o'clock had arrived, and laid before the Senate its unfinished business, viz, the bill (H. R. 3717) to make oleomargarine and other mitation dairy products subject to the laws of the State or Territory into which they are transported, and to change the tax on oleomargarine.

When, Mr. Morgan raised a question of order, viz, that the bill having heen displaced by a motion to consider other matter on the previous day prior to adjournment, therefore possessed no priority as unfinished business, and requested that the bill standing first on the order of special orders, viz, the bill (H. R. 2538) to provide for the construction of a canal connecting the waters of the Atlantic and Pacific Oceans, be now laid before the Senate.

That was the unfinished business

The President pro tempore (Mr. Frye) having resumed the chair, sustained the question of order and laid the special order before the Senate as its unfinished business.

Manifestly, Mr. President, even if this matter were taken up by a vote, the unfinished business could be called up after that upon demand.

The PRESIDING OFFICER (Mr. BRANDEGEE). That is as the Chair understands. The question is on the motion of the Senator from Kansas that the Senate proceed to the consideration of the bill named by him. [Putting the question.] By the sound the "noes" seem to have it. (See Cong. Record, pp. 5108, 5109.)

7. ALTHOUGH THE, IS TEMPORARILY LAID ASIDE, A MOTION TO TAKE UP ANOTHER BILL, IF CARRIED, WILL DISPLACE IT.

62d Cong., 2d sess.]

CAMPAIGN CONTRIBUTIONS.

AUGUST 21, 1912.

Mr. CULBERSON. I move that the Senate proceed to the consideration of the bill (S. 3315) to prohibit corporations from making contributions in connection with political elections and to limit the amount of such contributions by individuals or persons.

The PRESIDENT PRO TEMPORE (Mr. Gallinger). The Senator from Texas moves that the Senate proceed to the consideration of Senate bill 3315.

Mr. CUMMINS. I call for the regular order.

Mr. CULBERSON. On that motion I ask for the yeas and nays.

The yeas and nays were ordered.

Mr. CUMMINS. I ask whether, having laid aside temporarily the unfinished business, this would interfere with it?

The PRESIDENT PRO TEMPORE (Mr. Gallinger). It will displace it, the Chair suggests, if the motion is carried. The motion would have been in order if the unfinished business had been before the Senate. The Chair recognized the Senator from Texas, and he made the motion.

Mr. CUMMINS. Mr. President, the Senator from Georgia is under a misapprehension. I did demand the regular order. It was not demanded, however, until after the

motion of the Senator from Texas (Mr. Culberson) was made; but as soon as I could thereafter I demanded the regular order.

Mr. BACON. I did not know of that fact.

Mr. CUMMINS. I think the Record will show that to be so.

Mr. BACON. I think, with that fact, undoubtedly the motion prevailing to take it up would displace the unfinished business.

The PRESIDENT PRO TEMPORE (Mr. Gallinger). It was so made; and the Chair is of opinion that under the circumstances the unfinished business will be displaced if the motion prevails. (See Cong. Record, pp. 11468, 11469, 11470.)

(NOTE. This decision seems to be in direct conflict with the rulings on April 18, 22, and July 16, 1912.) 8. WHEN THE, IS LAID BEFORE THE SENATE IT DOES NOT TAKE A SENATOR FROM THE FLOOR.

62d Cong., 2d sess.]

MAY 24, 1912.

The bill H. R. 18642. To amend an act to provide revenue, equalize duties, metal schedule, etc., being under consideration.

The VICE PRESIDENT (Mr. Sherman). Does the Senator from Idaho yield the floor? Mr. HEYBURN. Yes; I understand when the unfinished business comes up it takes a Senator from the floor.

The VICE PRESIDENT (Mr. Sherman). It does not take him from the floor. It substitutes some other business, but it does not take the Senator from the floor. Of course, the matters which the Chair has laid down the Chair has a right to lay down at any time. (See Cong. Record, p. 7084.)

9. A SPECIAL ORDER DOES NOT DISPLACE.

62d Cong., 2d sess.]

AUGUST 14, 1912.

The President pro tem (Mr. Gallinger) ruled that the unfinished business docs displace a special order. (See Cong. Record, p. 10889.)

10. A SPECIAL ORDER MAY SUPERSEDE THE, WHEN THE LATTER HAS BEEN DISPLACED BY A MOTION.

56th Cong., 2d sess.; J., p. 205.]

FEBRUARY 23, 1901.

The Presiding Officer (Mr. Chandler in the chair) announced that the hour of 1 o'clock had arrived, and laid before the Senate its unfinished business, viz, the bill (H. R. 3717) "to make oleomargarine and other imitation dairy products subject to the laws of the State or Territory into which they are transported, and to change the tax on oleomargarine;"

When,

Mr. Morgan raised a question of order, viz, that the bill having been displaced by a motion to consider other matter on the previous day prior to adjournment, therefore possessed no priority as unfinished business, and requested that the bill standing first on the order of special orders, viz, the bill (H. R. 2538) "to provide for the construction of a canal connecting the waters of the Atlantic and Pacific Oceans," be now laid before the Senate.

The President pro tempore (Mr. Frye) having resumed the chair, sustained the question of order and laid the special order before the Senate as its unfinished business. (See Cong. Record, p. 2879-2887.)

11. A BILL MAY BE MADE THE, AFTER 2 O'CLOCK P. M., BY A VOTE OF THE SENATE, AND IF TEMPORARILY LAID ASIDE, STILL RETAINS

ITS PLACE AS.

62d Cong., 2d sess.]

THE PANAMA CANAL.

JULY 13, 1912.

Mr. BRANDEGEE. I move that the Senate proceed to the consideration of House bill 21969, known as the Panama Canal bill.

The PRESIDENT PRO TEMPORE. The question is on the motion of the Senator from Connecticut. The bill will be stated by its title.

The yeas and nays were taken and resulted as follows: Yeas, 40; nays, 34.

So Mr. Brandegee's motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. 21969) to provide for the opening, maintenance, protection, and operation of the Panama Canal, and the sanitation and government of the Canal Zone.

Mr. BRANDEGEE. Mr. President, I had intended to ask that the bill be read this afternoon and then laid aside, but I find quite a disposition among Senators to hold an executive session, which is said to be necessary, and therefore I ask unanimous consent that the unfinished business may be temporarily laid aside.

The PRESIDENT PRO TEMPORE. The Senator from Connecticut asks unanimous consent that the unfinished business be temporarily laid aside. Is there objection? The Chair hears none, and that order is made. (See Cong. Record, pp. 8989, 8990.)

URGENT DEFICIENCY. (See also GENERAL DEFICIENCY.)