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VETO.

1. Vote on passage of a bill over the, of the President, may be reconsidered. 2. On reconsideration of a bill returned to the Senate by the President with out his approval, debate is in order.

1. VOTE ON PASSAGE OF A BILL OVER THE, OF THE PRESIDENT MAY BE RECONSIDERED.

34th Cong., 1st sess.; J., pp. 621, 622.]

AUGUST 16, 1856.

The vote on the passage of a bill vetoed by the President may be reconsidered. A bill for the improvement of the Patapsco River, etc. (S. No. 53), was vetoed by the President (p. 608). On reconsideration the Senate failed to pass the bill over the veto, two-thirds not voting for it. A motion was made to reconsider this vote, which the President pro tempore decided in order. Mr. Bayard appealed, on ground could not have two reconsiderations on a vetoed bill. Decision sustained; yeas 32, nays 9. The vote was reconsidered and the bill passed over veto; yeas 31, nays 14, two-thirds of Senators present voting in the affirmative. (See Cong. Globe, pp. 2169, 2205-2206.) 2. ON RECONSIDERATION OF A BILL RETURNED TO THE SENATE BY THE PRESIDENT WITHOUT HIS APPROVAL, DEBATE IS IN ORDER.

62d Cong., 3d sess.; J., p. 304.]

VETO OF SUNDRY CIVIL APPROPRIATION BILL.

MARCH 3, 1913.

The Senate proceeded to reconsider the bill (H. R. 28775) making appropriations for sundry civil expenses of the Government for the fiscal year end ng June 30, 1914, and for other purposes, returned by the President of the United States to the House of Representatives, in which it originated, with his objections thereto, and passed by the House of Representatives on a reconsideration of the same.

The President pro tempore (Mr. Gallinger) stated the question to be, Shall the bill pass, the objections of the President to the contrary notwithstanding?

Pending debate,

Mr. Fletcher raised a question of order, viz, that in the reconsideration of a bill returned by the President without his approval debate is not in order.

The President pro tempore (Mr. Gallinger) overruled the point of order. (See Cong. Record, pp. 4838. 4839.)

562

1. Tenure of office of.

VICE PRESIDENT.

2. Senate rules in reference to.

3. Voting to break a tie vote.

4. Vote of the, in the affirmative on a tie vote carries an amendment that becomes a part of the Constitution of the United States.

5. Certain powers of, as to the occupation and use of the Capitol grounds. 6. Certificates of the action of presidential electors in the several States must be transmitted to.

7. Duties of the, in the joint meeting to canvas the electoral vote.

8. Statutory provisions relative to appointments by.

9. Question raised as to right of, to vote in the case of the seating of a Senator.

10. Vote of the, in case of a tie on election of officers and on confirmation of nominations.

11. On power of Presiding Officer to demand reasons of a Senator for failure to vote.

12. On powers and duties of the Chair to preserve order.

[Subjects relating to Vice President are so generally included with those relating to the President of the Senate that the two will be treated together under the single heading, and the general references to the Vice President here made will appertain chiefly to his duties as presiding officer o. the Senate.]

1. TENURE OF OFFICE OF.

On the organization of the first Senate the body proceeded by ballot to the choice of a President, "for the sole purpose of opening and counting the votes for President of the United States." (April 6, 1789; 1st Cong., 1st sess.; J., p. 7.) This accomplished, a second election to choose a President pro tempore was held. This officer held the office only until the arrival of the Vice President, and until very recently the President pro tempore was elected each time the Vice President was absent. It was a question of difference until 1876 whether or not the term of the President pro tempore extended beyond a recess following his election. In that year the Senate decided, after a careful consideration of the subject, that the office was held at the pleasure of the Senate, and until the Vice President resumed the chair, or his term as a Senator expired; or, in other words, that the President pro tempore continued in office unless the Senate should in the meantime choose another. At the same time it was decided that the death of the Vice President during the recess had no effect on the position of the President pro tempore.

In 1890 the Senate decided that it was competent to elect a President pro tempore, who should hold the office during the pleasure of the Senate, and should execute the duties of his office when the Vice President was absent, until another was elected. The office may be resigned like any other.

January 11, 1847 (J., pp. 91, 92), Vice President Dallas, being absent for the day, had requested Senator Atchison to preside. The Senate refused to allow this, but, by election, choose Mr. Atchison President pro tempore. In several cases, however, in the temporary absence of the President pro tempore, a Senator designated by him

has taken the chair by unanimous consent. The right of the President pro tempore to make this appointment was questioned in 1882, and the rules were then changed to allow him, when temporarily absent, to designate a Senator to perform the duties of the Chair during his absence, or until the Senate should otherwise order.

When acting as President of the Senate during a vacancy in the office of Vice President, the President pro tempore receives the compensation of the Vice President. 2. SENATE RULES IN REFERENCE TO.

By clause 1 of Rule I of the standing rules of the Senate it is provided that in the absence of the Vice President the Senate.shall choose a President pro tempore. Clause 6 of Rule VII provides:

"The Presiding Officer may at any time lay, and it shall be in order at any time for a Senator to move to lay, before the Senate any bill or other matter sent to the Senate by the President or the House of Representatives, any question pending at that time shall be suspended for this purpose. Any motion so made shall be determined without debate." (Jefferson's Manual, Sec. XIV.)

By Rule XX it is provided:

"1. A question of order may be raised at any stage of the proceedings, except when the Senate is dividing, and, unless submitted to the Senate, shall be decided by the Presiding Officer without debate, subject to an appeal to the Senate. When an appeal is taken, any subsequent question of order which may arise before the decision of such appeal shall be decided by the Presiding Officer without debate; and every appeal therefrom shall be decided at once, and without debate; and any appeal may be laid on the table without prejudice to the pending proposition, and thereupon shall be held as affirming the decision of the Presiding Officer. (Jefferson's Manual, Sec. XXXIII.)

"2. The Presiding Officer may submit any question of order for the decision of the Senate." (Jefferson's Manual, Sec. XXXIII.)

Clause 4 of Rule XIX reads:

"If any Senator, in speaking or otherwise, transgress the rules of the Senate, the Presiding Officer shall, or any Senator may, call him to order; and when a Senator shall be called to order he shall sit down, and not proceed without leave of the Senate, which, if granted, shall be upon motion that he be allowed to proceed in order, which motion shall be determined without debate." (Jefferson's Manual, Sec. XVII.) 3. VOTING TO BREAK A TIE VOTE.

There are numerous instances recorded in the Journals where, upon a tie vote, the Vice President has voted in the negative, when such vote was not necessary to defeat the proposition. It has universally been held that upon the question of an appeal from the decision of the Chair a tie vote sustains the decision. The first instance of record where the Vice President was called upon to vote was in the first session of the First Congress, July 18, 1789 (J., p. 42), and in this instance the Secretary of the Senate proposed to him the question and called his name. The instances where the Vice President has voted since, to determine a question that was balanced by a tie vote, are far too numerous to note.

4. VOTE OF THE, IN THE AFFIRMATIVE ON A TIE VOTE CARRIES AN AMENDMENT THAT BECOMES A PART OF THE CONSTITUTION OF THE UNITED STATES.

62d Cong., 1st sess.]

JUNE 12, 1911.

The Senate having under consideration House joint resolution 39, proposing an amendment to the Constitution providing that Senators shall be elected by the people, Mr. Bristow had presented a substitute as follows:

That in lieu of the first paragraph of section three of Article 1 of the Constitution of the United States, and in lieu of so much of paragraph two of the same section as relates to the

filling of vacancies, the following be proposed as an amendment to the Constitution, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the States:

The

"The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

"When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

"This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”

Which was agreed to—yeas 44, nays 44.

The VICE PRESIDENT (Mr. Sherman). On this vote the yeas are 44 and the nays are 44. The Chair votes in the affirmative. The yeas have it, and the amendment is agreed to. The question now is on agreeing to the joint resolution as amended, and it was agreed to-yeas 64, nays 24, two-thirds of the Senators present having voted therefor. (See Cong. Record, pp. 1879 to 1923.)

NOTE. The adoption of this amendment clearly shows the importance and power of a single vote. The joint resolution, with the amendment, was sent to conference. The conference committee reported to the two Houses agreeing to the amendment as adopted in the Senate by the vote of the Vice President. The conference report was agreed to by both Houses, and the amendment adopted by the vote of the Vice President is now in the statutes.

5. CERTAIN POWERS OF, AS TO THE OCCUPATION AND USE OF THE CAPITOL GROUNDS.

By an act of Congress, approved July 1, 1882 (22 Stat. L., pp. 126, 127), regulating the use of the Capitol grounds, it is provided by section 10 "that in order to admit of the due observance within the Capitol grounds of occasions of national interest becoming the cognizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives, acting concurrently, are authorized to suspend for such proper occasions so much of the above provisions (such as prohibitions against the occupation and obstruction of roadways, climbing upon steps, walls, seats, etc.) as would prevent the use of the roads and walks of the said grounds by processions or assemblages, and the use upon them of suitable decorations, music, addresses, and ceremonies.

6. CERTIFICATES OF THE ACTION OF THE ELECTORS IN EACH STATE MUST BE TRANSMITTED TO.

Section 138 of the Revised Statutes provides:

"The electors shall make and sign three certificates of all the votés given by them, each of which certificates shall contain two distinct lists, one of the votes for President and the other of the votes for Vice President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the State."

Sections 139 and 140 provide for the sealing, certifying, and transmitting of these certificates, two of the three copies being sent to the President of the Senate, one by messenger and the other by mail, while the third is delivered to the judge of the district in which the electors assemble.

The act of October 19, 1888 (25 Stat. L., pp. 613, 614), provides:

"That the certificates and lists of votes for President and Vice President of the United States, mentioned in chapter one of title three of the Revised Statutes of the United States, and in the act to which this is a supplement, shall be frowarded in the manner therein provided, to the President of the Senate forthwith after the second Monday in January, on which the electors shall give their votes."

7. DUTIES OF, IN JOINT MEETING TO CANVASS THE ELECTORAL VOTE.

By an act approved February 3, 1887 (secs. 4 and 5), it is provided:

"That Congress shall be in session on the second Wednesday in February succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o'clock in the afternoon on that day, and the President of the Senate shall be their Presiding Officer. "That while the two Houses shall be in meeting as provided in this act the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the Presiding Officer except to either House on a motion to withdraw."

It is also provided in the same act that, at the conclusion of the electoral count, the President of the Senate shall announce the state of the vote, which, with the list of the votes, is entered on the Journals of the two Houses. (24 Stat. L., pp. 373, 374.)

8. STATUTORY PROVISIONS RELATIVE TO APPOINTMENTS BY.

The Vice President, by statutory provision, is empowered to administer oaths to witnesses in any case under his examination. (Rev. Stats., sec. 101.) This power is extended to the Presiding Officer of the Senate, for the time being (19 Stats., p. 34), in the following terms: "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."

The Vice President or the President of the Senate pro tempore has the appointment of two Senators as members of the Board of Visitors to attend the annual examination at the United States Naval Academy. The Vice President or President of the Senate pro tempore also has the following appointments by statutory provisions: One Senator to be a director of the Columbia Institution for the Deaf and Dumb (15 Stats., p. 233); one Senator to be a director of the Columbia Hospital for Women (17 Stats., p. 360); one Senator to be a consulting trustee of the Reform School of the District of Columbia, for the term of four years. (19 Stats., p. 52.) By an order of the Senate in the first session of the Forty-third Congress (J., p. 208) the Presiding Officer of the Senate is authorized to appoint the departmental telegraph operators for the Senate wing of the Capitol.

9. QUESTION RAISED AS TO THE RIGHT OF, TO VOTE IN THE CASE OF SEATING A SENATOR.

45th Cong., 1st sess.; J., pp. 101, 102.]

NOVEMBER 28, 1877.

On the motion to proceed to the consideration of the resolution to admit William Pitt Kellogg to a seat in the Senate the yeas were 29 and the nays were 29. The vote of the Senate being equally divided, the Vice President (Mr. Wheeler) voted in the affirmative, and the Senate proceeded to the consideration of the said resolution. Mr. Thurman moved to amend by striking out all after "Resolved" and inserting:

"That M. C. Butler be now sworn as a Senator from the State of South Carolina." The yeas were 30 and the nays were 30.

The vote of the Senate being equally divided, the Vice President (Mr. Wheeler) voted in the negative, and the amendment was not agreed to.

Mr. Thurman rose to a question of order, and submitted that the provision of the Constitution that the Vice President shall have no vote unless where the Senate is equally divided does not apply to the case of seating a member, but that questions of seating a member should be left to the Senators themselves, under the provision that "each House shall be the judge of the elections, qualifications, and returns of its own members," and after debate Mr. Thurman withdrew the question of order. (See Cong. Record, 45th Cong., 1st sess., pp. 736–740.)

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