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DIGEST

OF THE

RULES AND PRACTICE OF THE HOUSE OF REPRESENTATIVES

OF THE UNITED STATES.

SECOND EDITION.

Compiled by HENRY H. SMITH, Journal Clerk, House of Representatives, under

the act of March 3, 1877.

ABSENCE FROM THE HOUSE.

Prohibited except with leave or from inability to attend.-Rule 33, p. 109.

Less than a quorum may compel attendance.-Const., 1, 5, 8.
Fifteen members may compel atteudance.-Rule 34, p. 109.

Deduction from compensation for, and further deduction from compensation for, without leave.-R. S., secs. 40, 41.

ABSENCE FROM COMMITTEES OF THE WHOLE.

When without quorum by reason of, roll to be called.-Rule 106,

p. 129.

(When the roll-call is finished, under the usual practice, the chairman immediately vacates the chair and reports to the Speaker as absentees all such as failed to answer to their names. Although the practice varies as to the time of reporting the absentees, it would seem that the mode prescribed by Rule 35, p. 109, was the proper one to pursue, i. e., the roll to be called and absentees noted, after which the names of the absentees should be called over, and then the absentees reported to the House.

ACCOUNTS, COMMITTEE OF. For number, when appointed, and duties of.-Rules 74, 98, 140, and 27, pp. 119, 126, 139, and 108.

152

ACCOUNTS, COMMITTEE OF-ADJOURN, MOTION TO.

ACCOUNTS FOR PAY AND MILEAGE.

(See COMPENSATION.)

ACTS AND ADDRESSES.

See Rule 8, p. 104.

ADDRESS TO THE PRESIDENT.

Where to be presented, by whom, &c.—Joint Rule 11, p. 146.

ADHERE, MOTION TO.

The questions respecting amendments from another house are: 1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhereManual, p. 80—and take precedence in that order.-Journals 1, 23, p. 229; 1, 34, p. 1516 to 1518.

"In the ordinary parliamentary course there are two free conferences, at least, before an adherence”—Manual, p. 88—and sometimes three or four.—Journals, 1, 34, p. 943; 1, 35, p. 1136. Although “either bouse is free to pass over the term of insisting, and to adhere in the first instance; but it is not respectful to the other.” - Manual, p. 86.

A conference may take place after a vote of adherence by one house.—Journals, 1, 3, pp. 281, 283; 2, 3, p. 254; 1, 34, pp. 1600, 1602; 1, 35, pp. 604, 615, 620 ; Senate Journal, Jan. 20, 1834; Janual, p. 89.

“After each house shall have adhered to their disagreement, a bill or resolution shall be lost.”—Joint Rule 15, p. 104.

(See AMENDMENTS BETWEEN THE TWO HOUSES and CONFERENCE COMMITTEE.)

ADJOURN, MOTION TO.

“A motion to adjourn, and a motion to fix the day to which the House shall adjourn, shall be always in order, and these motions shall be decided without debate."-Rule 44, p. 111. It has been decided and acted upon that the motion “ to fix the day to which the House shall adjourn” takes precedence of a motion “ to adjourn”; the reason being that before the House adjourns it is proper to fix the time to which it shall adjourn_Note to same rule ; but when less than a quorum is present, no motion can be entertained except to adjourn or for a call of the House.—Journal, 1, 29, p. 356, and Const., 1, 5, 8.

[The motion to adjourn would of course, under such circumstances, take precedence.]

Only one motion to adjourn can be entertained pending a motion to suspend the rules.-Rule 161, p. 142.

A resolution proposing, with the concurrence of the Senate, an adjournment for more than three days, is held to be privileged. Journal, 2, 37, pp. 718 to 720.

“A motion for adjournment cannot be made while another is speaking.” Manual, p. 67. [But according to the practice, a member speaking may yield for a motion to adjourn, or that the committee rise, without losing his right to the floor when the subject is resumed.-Barclay.)

“Nor can a motion to adjourn be received after another question is actually put, and while the House is actually engaged in voting.” - Manual, p. 73.

“A motion to adjourn simply cannot be amended, as by adding to a particular day,' but must be put simply that this House do now adjourn’; and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolution 'that at its rising it will adjourn to a particular day, and then the House is adjourned to that day.”—Manual, p. 92.

A motion to adjourn may be repeated, although no question has been put or decided since the former motion—Journal, 1, 23, p. 651— but there must have been some intervening business.Ibid., 1, 31, 1092. [Another motion submitted, progress in debate, or read. ing a paper by the Clerk, au order of the yeas and nays, &c., has been considered such "intervening business” as will authorize the repetition of the motion to adjourn.]

“The hour at which every motion to adjourn is made shall be en. tered on the Journal.”—Rule 45, p. 112.

A motion to fix the hour to which the House shall adjourn does not take precedence of a motion to adjournJournal, 1, 29, p. 186– and can only be made when resolutions are in order-Journal, 1, 29, p. 933, and 1, 44, p. 1026—[or, of course, under a suspension of the rules when in order.]

“ If a question be put for adjournment, it is no adjournment till the Speaker pronounces it.”—Manual, p. 92.

There must be an adjournment before the legislative day will terminate-Journal, 1, 33, p. 804—and an adjournment does not take place by reason of the arrival of the time for the regular daily meeting of the House.—Ibid., pp. 803, 811. And an adjournment does not necessarily take place at 12 a. m. on Sunday, nor is it against order for a majority to continue in session after the said hour, it being a question which must be left to be decided by the judgment and discretion of the House itself.Journal, 1, 24, pp. 577, 582.

“ Neither house during the session of Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.”— Const., 1, 5, 9.

Where the two houses adjourn for more than three days, and not to, or beyond, the period fixed by the Constitution or law for the next regular session, the session is not thereby terminated, but continues until an adjournment without day, or until the next regular session.-See Journals, 1, 39, pp. 107, 108; 2, 39, p. 106; 1, 40, pp. 157, 158, 184. And it is competent by concurrent resolution to provide for an adjournment to a particular day, and if upon that day a quorum is not present in each house, that the session shall terminate.-Journal, 1, 40, pp. 157, 158, 184.

“In case of disagreement between them (the two houses) with respect to the time of adjournment, the President may adjourn the two houses to such time as he may think proper.”Const., 2, 3, 18.

ADJOURNMENT SINE DIE.

The adjournment of a session (other than that which terminates with the expiration of the term of service of the members) is provided for by the joint vote of the two houses, and usually in the following form : “ Resolved by the Senate and House of Representatives, That the President of the Senate and Speaker of the House of Representatives be authorized to close the present session by adjourning their respective houses on the day of —, at o'clock m.And such resolutions are held to be privileged.

And upon the arrival of the day and hour thus fixed, or the hour

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