RULES OF THE HOUSE OF REPRESENTATIVES. 115 the affirmative, the Speaker shall dispose of the business on his table in the following order, viz: First. Messages and other executive communications. Second. Messages from the Senate, and amendments proposed by the Senate to bills of the House. Third. Bills and resolutions from the Senate on their first and second reading, that they be referred to committees and put under way; but if, on being read a second time, no motion being made to commit, they are to be ordered to their third reading, unless objection be made; in which case, if not otherwiseordered by a majority of the House, they are to be laid on the table in the general file of bills on the Speaker's table, to be taken up in their turn. Fourth. Engrossed bills, and bills from the Senate on their third reading. Fifth. Bills of the House and from the Senate, on the Speaker's table, on their engrossment, or on being ordered to a third reading, to be taken up and considered in the order of time in which they passed to a second reading. The messages, communications, and bills on his table having been disposed of, the Speaker shall then proceed to call the orders of the day.-September 14, 1837. 55. The business specified in the 54th and 130th rules shall be done at no other part of the day, except by permission of the House.-December 23, 1811. 56. The consideration of the unfinished business in which the House may be engaged at an adjournment shall be resumed as soon as the journal of the next day is read, and at the same time each day thereafter until disposed of; and if, from any cause other business shall intervene, it shall be resumed as soon as such other business is disposed of. And the consideration of all other unfinished business shall be resumed whenever the class of business to which it belongs shall be in order under the rules.-March 18, 1860. [The rule of November 13, 1794, for which this was substituted, provided that "the unfinished business in which the House was engaged at the last preceding adjournment shall have preference in the orders of the day; and no motion on any other business shall be received, without special leave of the House, until the former is disposed of." The object of the new rule was to give the unfinished business a more certain, as well as highly privileged, position. According to the construction given this rule, the unfinished busi ness on private-bill days is not resumed until the next private-bill day, and the first hour after the reading of the journal on Monday is devoted to the objects contemplated by the 51st and 130th rules.] OF DECORUM AND DEBATE. 57. When any member is about to speak in debate, or deliver any matter to the House, he shall rise from his seat and respectfully address himself to "Mr. Speaker "-April 7, 1789-and shall confine himself to the question under debate, and avoid personality.December 23, 1811. 58. Members may address the House or committee from the Clerk's desk, or from a place near the Speaker's chair. 59. When two or more members happen to rise at once, the Speaker shall name the member who is first to speak.-April 7, 1789. 60. No member shall occupy more than one hour in debate on any question in the House, or in committee; but a member reporting the measure under consideration from a committee may open and close the debate: Provided, That where debate is closed by order of the House, any member shall be allowed, in committee, five minutes to explain any amendment he may offer-December 18, 1847after which any member who shall first obtain the floor shall be allowed to speak five minutes in opposition to it, and there shall be no further debate on the amendment; but the same privilege of debate shall be allowed in favor of and against any amendment that may be offered to the amendment; and neither the amendment nor an amendment to the amendment shall be withdrawn by the mover thereof, unless by the unanimous consent of the committee.-August 14, 1850: Provided further, That the House may, by the vote of a majority of the members present, at any time after the five minutes' debate has taken place upon proposed amendments to any section. or paragraph of a bill, close all debate upon such section or paragraph, or at their election upon the pending amendments only.March 19, 1860. [This proviso was adopted so as to enable a majority to get a bill out of Committee of the Whole after a reasonable time has been occupied in debating amendments, and was reported at the same time with an amendment to the 123d rule, the effect of which was to prevent a practice of doubtful propriety, by which the friends of a bill were in the habit of taking it out of Committee of the Whole by adopting a recommendation to strike out the enacting clause.] RULES OF THE HOUSE OF REPRESENTATIVES. 117 61. If any member, in speaking or otherwise, transgress the rules of the House, the Speaker shall, or any member may, call to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate; if there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, he shall not be permitted to proceed, in case any member object, without leave of the House.-March 13, 1822, and September 14, 1837; and if the case require it, he shall be liable to the censure of the House.-April 7, 1789, and March 13, 1822. [See Rule 2, with accompanying note.] 62. If a member be called to order for words spoken in debate, the person calling him to order shall repeat the words excepted to, and they shall be taken down in writing at the Clerk's table; and no member shall be held to answer, or be subject to the censure of the House, for words spoken in debate, if any other member has spoken, or other business has intervened, after the words spoken, and before exception to them shall have been taken.-September 14, 1837. 63. No member shall speak more than once to the same question without leave of the House-April 7, 1789—-unless he be the mover, proposer, or introducer of the matter pending; in which case he shall be permitted to speak in reply, but not until every member choosing to speak shall have spoken.-January 14, 1840. 64. If a question depending be lost by adjournment of the House, and revived on the succeeding day, no member who shall have spoken on the preceding day shall be permitted again to speak without leave.-April 7, 1789. [There is no proceeding in the House to which this rule can be applied. It was originally framed in reference to that law of Parliament which says that all pending questions are lost by adjournment, and to be again considered must be moved anew. In the rules as revised and established on the 7th January, 1802, the prohibition to speak on the next day was confined to those who had spoken twice on the preceding day. It so remained until the 14th January, 1840, when the word twice was left out.—Barclay.] 65. While the Speaker is putting any question, or addressing the House, none shall walk out of or across the House; nor in such case, or when a member is speaking, shall entertain private dis course; nor while a member is speaking shall pass between him and the Chair.-April 7, 1789. Every member shall remain uncovered during the session of the House.-September 14, 1837. No member or other person shall visit or remain by the Clerk's table while the ayes and noes are calling or ballots are counting.-September 14, 1837. Smoking is prohibited within the bar of the House or gallery.-February 28, 1871. 66. All questions relating to the priority of business to be acted on shall be decided without debate.-February 21, 1803. OF COMMITTEES. 67. All committees shall be appointed by the Speaker, unless otherwise specially directed by the House, in which case they shall be appointed by ballot; and if upon such ballot the number required shall not be elected by a majority of the votes given, the House shall proceed to a second ballot, in which a plurality of votes shall prevail; and in case a greater number than is required to compose or complete a committee shall have an equal number of votes, the House shall proceed to a further ballot or ballots.-January 13, 1790. [As originally adopted, April 17, 1789, this rule directed that the Speaker should appoint all committees, unless the number was directed to consist of more than three members, in which case the ballot was to be resorted to.] 68. The first named member of any committee shall be the chairman; and in his absence, or being excused by the House, the next named member, and so on, as often as the case shall happen, unless the committee, by a majority of their number, elect a chairman.— December 28, 1805. [The occasion of this rule was this: Mr. John Cotton Smith, of Connecticut, had been chairman of the Committee of Claims for several years, and on the 5th November, 1804, was reappointed. On the succeeding day he was excused from service on the committee, and his colleague, Samuel W. Dana, was appointed "in his stead." The committee considered Mr. Dana its chairman; he declined to act, contending that he was the tail. Being unable to agree, the committee laid the case before the House on the 20th November. Up to this time there was no rule or regulation as to the head of a committee. The usage had been that the first named member acted; but it was usage only. The subject wasre ferred to a committee. On the 22d November, 1804, the committee reported, and recommended that the first named member be the chairman; and in case of his absence, or of his being excused by the House, RULES OF THE HOUSE OF REPRESENTATIVES. 119 the committee should appoint a chairman by a majority of its votes. The House rejected this proposition. The Committee of Claims the next day notified the House that, unless some order was taken in the premises, no business could be done by the committee during the session; and thereupon, on the 20th December, 1805, the House adopted the above rule. In this case the Committee of Claims availed itself of the privilege contained in the last clause of the rule, and elected Mr. Dana chairman, much against his wishes.] 69. Any member may excuse himself from serving on any committee at the time of his appointment, if he is then a member of two other committees.-April 13, 1789. 70. It shall be the duty of a committee to meet on the call of any two of its members, if the chairman be absent, or decline to appoint such meeting.-December 20, 1805. 71. The several standing committees of the House shall have leave to report by bill or otherwise.-March 13, 1822. 72. No committee shall sit during the sitting of the House without special leave.-November 13, 1794. 73. No committee shall be permitted to employ a clerk at the public expense, without first obtaining leave of the House for that purpose. December 14, 1838. 74. Thirty-three standing committees shall be appointed at the commencement of each Congress, viz: A Committee of Elections.-Nov. 13, 1789. A Committee of Ways and Means.-Jan. 7, 1802. A Committee on Appropriations.-March 2, 1865. A Committee on Banking and Currency.-March 2, 1865. A Committee on the Pacific Railroad.-March 2, 1865. A Committee of Claims.-Nov. 13, 1794. A Committee on Commerce.-Dec. 14, 1795. a A Committee on the Public Lands.-Dec. 17, 1805. b A Committee on the Post-Office and Post-Roads.-Nov. 9, 1808. c A Committee for the District of Columbia.-Jan. 27, 1808. A Committee on the Judiciary.—June 3, 1813. A Committee on War-Claims.-Dec. 2, 1873. A Committee on Public Expenditures.-Feb. 26, 1814. A Committee on Private Land Claims.-April 29, 1816. d A Committee on Manufactures.-Dec. 8, 1819. e A Committee on Military Affairs.-March 13, 1822. To consist of eleven members each. (March 3, 1873.) Except the Committee on the Pacific Railroad, to consist of thirteen members. (March 9, 1869.) To consist of |