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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 adjourn—Journal, 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 termi. nate.—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
And such resolutions are held to be privileged. A nd upon the arrival of the day and hour thus fixed, or the hour of 12 o'clock m. of the 4th of March of each alternate year, when, by the usage, the last session of a Congress terminates, the Speaker (either on or without motion) pronounces the House adjourned sine die.—Journals, 1, 28, p. 1362; 1, 33, p. 1345; 1, 35, p. 1148; 2, 32, p. 431; 3, 34, p. 691 ; 2, 35, p. 625.
AGENTS FOR CLAIMS.
(See CLAIM AGENTS.)
AGRICULTURE, COMMITTEE ON.
When appointed, number and duties of.-(Rule 74, p. 119.) [No duties are assigned to this committee under the rules.
When a question is under debate, no motion sball be received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged.-Rule 42, p. 111.
A motion to strike out the enacting words of a bill takes precedence of a motion to amend.-Rule 123, p. 132. (See ENACTING WORDS, MOTION TO STRIKE OUT.)
A bill cannot be amended on the first reading:- Manual, p. 66. [It seems to have become the settled practice of the House not to receive an amendment to a House bill except when the question is on its engrossment, and to a Senate bill except when the question is op ordering it to a third reading.
If the motion to amend is pending when a demand for the previous question is made, it is not cut off by the order of the previous question.-Rule 132, p. 135.
An amendment may be moved to an amendment, but it is not admitted in another degree.- Manual, p. 76. (But it is a well-settled practice of the House that there may be pending, at the same time with such amendment to the amendment, an amendment in the nature of a substitute for part or the whole of the original text, and an amendment to that amendment.-(Journal, 1, 31, pp. 1074, 1075.) It was decided many years ago that if the motion to amend the original matter was first submitted, it was not then in order to submit an amendment in the nature of a substitute-Journal, 1, 19, p. 794; but it was subsequently decided otherwise-Journal, 1, 28, p. 807—and the practice ever since has been in accordance with the latter decision. So, now, notwithstanding the pendency of a motion to amend an amendment to the original matter, a motion to amend, in the nature of a substitute, and a motion to amend that amend. ment, may be received, but cannot be voted upon until the original matter is perfected.-Barclay.]
An amendment of the House to a Senate amendment is only in the first degree; for, as to the Senate, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to.—Manual, p. 88.—(See AMENDMENTS BETWEEN THE HOUSES.)
“When it is proposed to amend by inserting a paragraph, or part of one, the friends of the paragraph may make it as perfect as they can, by amendments, before the question is put for inserting. If it be received, it cannot be amended afterward in the same stage, because the Elouse has, on a vote, agreed to it in that form.”—Manual, p. 79. But an amendment which has been inserted may be added to.-Journal, 1, 19, p. 794.
Although it is not in order to strike out by itself what has been inserted, it may be moved to strike out a portion of the original paragraph, comprehending what has been inserted, provided the coherence to be struck out be so substantial as to make this effect. ively a different proposition.- Manual, p. 80.
If it is proposed to amend by striking out a paragraph, the friends of the paragraph are first to make it as perfect as they can, by amendments, before the question is put for striking it out.Manual, p. 79. But (contrary to the parliamentary practice) if on the question it be retained, neither amendment nor a motion to strike out and insert shall be precluded thereby, and a motion to strike out and insert is indivisible.—Rule 46, p. 110.—(See STRIKE OUT, MOTION TO.)
After a proposition is amended it cannot be withdrawn.-Rule 40, p. 108. (Nor after the previous question is seconded.) It may, however, be withdrawn while the House is dividing on a demand for the previous question.-Journal, 2, 29, p. 241.
A motion to amend cannot be modified after the previous ques
tion is seconded-Journal, 1, 28, p. 811-[doubtless for the reason that the pendency of the particular amendment may be the induce. ment for seconding the previous question.]
If a member yields the floor to another to offer an amendment, as he may do, the member yielding loses his right to reoccupy it.Journal, 1, 26, p. 248.
An amendment proposing to ingraft a general provision of law upon a private bill is against order.—Journal, 1, 31, p. 784. It is also out of order to ingraft upon a bill for the relief of one individual a provision for the relief of another.—Journal, 2, 32, p. 414.
No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. And no bill or resolution shall, at any time, be amended by annexing thereto, or incorporating therewith, any other bill or resolution pending before the House.—Rule 48, p. 112. The latter clause of the 48th rule, as originally reported to the House, contained at the end of it, “nor by any proposition containing the substance, in whole or in part, of any other bill or resolution pending before the House." These words were stricken out by the House before it would agree to the rule, by which it would seem to have been decided that an amendment containing the substance of another bill or resolution may be entertained.-Note to Rule 48, p. 112. [Such, too, has been the practice ever since. It has been decided that an amendment including the same provisions, to a very great extent, as other bills pending before the House, is in order.-Journal, 1, 31, p. 1333.
If an amendment be proposed inconsistent with one already agreed to, it is a fit ground for its rejection by the House, but not within the competence of the Speaker to suppress as if it were against order.-Manual, p. 78.
On an amendment being moved, a member who has spoken to the main question may speak again to the amendment.—Manual, p. 78.
A bill granting lands to a State for railroad purposes may be amended by adding thereto a similar provision for other States.Journal, 1, 32, pp. 427, 967.
A resolution of the House cannot be amended so as to be con. verted into a Joint Resolution.-Journal, 1, 32, p. 679.
No amendment by way of rider shall be received to any bill on its third reading.-Rule 126, p. 133.