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An amendment to the rules cannot be proposed without one day's notice-Rule 145, p. 140-nor, without a similar notice, is it in order to offer an amendment, the effect of which is to change a standing rule.-Journal, 1, 17, p. 282. And it is virtually an amendment of the rules to impose other duties upon an officer of the House than those already prescribed.-Journal, 1, 31, p. 456.

An amendment reported from the Committee of the Whole as an entire amendment is not divisible.-Journals 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 30, p. 574. Nor is an amendment of the Senate divisible.-Journal, 2, 32, p. 401. Nor is it subject to the point of order that, under Rule 112, it must be first considered in the Committee of the Whole House.-Journal 1, 45, p. 485.

After a bill has been reported from the Committee of the Whole with amendments, it is in order to submit an additional amendment, but the first question put is upon the amendment reported.-Journal, 1, 29, p. 865. If, in Committee of the Whole, an amendment is adopted, and subsequently the paragraph as amended is struck out, the amendment striking out is the only one to be reported to the House. And if the latter is voted down in the House, the first amendment is not thereby revived.-Journal, 2, 31, p. 346.

No appropriations shall be reported in a general appropriation bill, or be in order as an amendment thereto, for any expenditure not previously authorized by law, unless in continuation of appropriations for such public works and objects as are already in progress, nor shall any provision in any such bill or amendment thereto changing existing law be in order, except such as being germane to the subject-matter of the bill, shall retrench expenditures.-Rule 120, p. 132. [This rule, so far as relates to amendments offered, is usually enforced with much strictness, but an instance is not known where the Committee of the Whole has ever ruled out any portion of a bill as reported from the Committee of Ways and Means, although containing provisions in violation of said rule, where the bill was committed without any reservation of points of order.-Barclay.] (See APPROPRIATION BILLS.)

"The House may at any time, on motion seconded by a majority of the members present, close all debate upon a pending amendment, or an amendment thereto, and cause the question to be put thereon; and this shall not preclude any further amendment or debate upon the bill."-Rule 132, p. 135.




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When either house, e.g. the House of Representatives, send a bill to the other, the other may pass it with amendments. The regular progression in this case is: that the House disagree to the amendment; the Senate insist on it; the House insist on their disagreement; the Senate adhere to their amendment; the House adhere to their disagreement.-(Manual, p. 87.)

"After each house shall have adhered to their disagreement, a bill or resolution sball be lost.”Joint Rule 15, p. 146.

“Either house may recede from its amendment and agree to the bill; or recede from their disagreement to the amendment, and agree to the same absolutely, or with an amendment."- Manual, p. 88. And a motion to recede takes precedence of a motion to insist.Journals, 1, 23, p. 229; 1, 29, p. 696. “But the House cannot re.

. cede from or insist on its own amendment with an amendment. * * They may modify an amendment from the other house by ingrafting an amendment on it." - Manual, p. 88.

“A motion to amend an amendment from the other house takes precedence of a motion to agree or disagree. A bill originating in one house is passed by the other with an amendment. The originating house agrees to their amendment with an amendment. The other may agree to their amendment with an amendment, that being only in the second and not the third degree; for, as to the amending house, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to.”— Ibid., p. 86. Amendments of the Senate, to bills of the House mak. ing appropriations of money, are not subject to the requirements and restrictions of Rule 112, i. e., that they must be considered in the Committee of the Whole House.--Journal, 2, 45, p. 485. [This decision of Speaker Randall, on the point of order that the amendments of the Senate to the House bill “ to authorize the free coinage of the standard silver and to restore its legal-tender character” must be considered in the Committee of the Whole House on the state of the Union, was sustained on appeal by yeas 222, nays 25.]

“In the ordinary parliamentary course there are two free conferences, at least, before an adherence.”—Manual, p. 88; Journals, 1, 34, p. 943; 1, 35, p. 1136—although either house 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. 88. A motion to insist, however, takes precedence of a motion to adhere.-Journal, 1, 34, pp. 1518, 1526.-(See CONFERENCE COMMITTEES.)

After one house has adhered, the other may recede-Journals, 1, 1, pp. 113, 114; 1, 2, p. 152; 1, 8, pp. 671, 673-or ask a conference, which may be agreed to by the adhering house.-Journals, 1, 1, pp. 156, 157; 1, 3, pp. 281, 283; 1, 35, pp. 604, 615, 620.-(See ADHERE, MOTION TO.)


"A question of order arising out of any other question must be decided before that question."-Manual, p. 77.

Questions of order decided by the Speaker shall be "subject to an appeal to the House by any two members; on which appeal no member shall speak more than once, unless by leave of the House."Rule 2, p. 103. [The questions of order herein referred to relate to motions or propositions, their applicability or relevancy, &c.-Note to Rule 2, p. 103.] But "all incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate."-Rule 133, p. 136. [Under the practice, all questions of order which may arise, pending a question which is not debatable, must be decided without debate. It is customary, however, for the Speaker or chairman of the Committee of the Whole to permit a brief discussion of the point of order, if the question be a new one, which, of course, can only be done by unanimous consent.] And "all questions relating to the priority of business to be acted on shall be decided without debate."-Rule 66, p. 118.

"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.”—Rule 61, p. 117. [The call to order herein referred to has reference only to "transgressions of the rules in speaking," or to indecorum of any kind.]

(See ORDER.)

"If any difficulty arises in point of order during the division, the Speaker is to decide peremptorily, subject to the future censure of the House, if irregular."-Manual, p. 86.

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An appeal may be laid on the table—Journal, 1, 26, p. 529; and, being laid on the table, does not carry with it the whole subject.Ibid., p. 530. (Of late years this motion is almost invariably made in case of an appeal; and, if carried, its effect is considered equiv. alent to a vote sustaining the decision of the Chair.-Barclay.)

It is too late to renew a question of order on the admissibility of a proposition which has been overruled on the preceding day, where debate has been allowed to progress on such proposition.-Journal, 1, 30, p. 989. And it is also too late to raise a question of order on a motion entertained without objection on a former day, and entered on the Journal.-Ibid., 2, 30, p. 382; 1, 38, p. 538.

A question of order just decided on appeal cannot be renewed, even upon the suggestion of additional reasons.-Ibid., 1, 32, p. 935.

Where an appeal has been decided, and by virtue of such decision a bill taken up and passed, it is too late to move a reconsideration of the vote on the appeal.-Ibid., 1, 31, pp. 860, 861.

Pending the election of a Speaker, the Clerk shall decide all questions of order that may arise, subject to appeal to the House.Rule 146, p. 140.

An appeal is not in order while another appeal is pending.-Cong. Globe, 1, 27, p. 154; 2, 29, p. 290.

[The form of stating the question on an appeal is, “Shall the decision of the Chair stand as the judgment of the House ?"]

“All questions of order shall be noted by the Clerk, with the decision, and put together at the end of the Journal of every session." -Rule 15, p. 106.


General, when to be reported.-Rule 77, p. 121.
Style and title of.—See R. 8., sec. 11.

Appropriations for carrying out treaties not to be included in.Rule 76, p. 121.

But where a general appropriation bill, containing an item for carrying out a treaty, has been committed by the House, it cannot be ruled out of order by the Committee of the Whole.-Cong. Globe, 2, 31, pp. 356, 357. [Unless, of course, the point was reserved before commitment.)

Amendment to general.-Rule 120, p. 132. [This rule is rigidly enforced, so far as relates to amendments of fered in the House or in committee, but it not unfrequently happens that bills are reported which are in conflict with it; and as they are usually received by the House and committed without being read in extenso, the conflict is not discovered until they are considered in committee, when it is too late (unless it is reserved in the House) to make the point.-Barclay.)

To be first discussed in Committee of the Whole.-Rule 112, p. 129.

[This rule was adopted January 13, 1874.-See House Journal 1st Sess. 43d Congress, p. 234. Prior to that date, bills directing the disbursement of money already appropriated, or requiring future appropriations to be made, or making an appropriation of land, were not necessarily first considered in Committee of the Whole. Reference to said page shows a discrepancy between the rule as it is herein given and as it is there found. An examination of the proceedings on that day as published in the Congressional Record shows that the rule as reported from the committee was amended or rather perfected as agreed upon by the committee, of which no mention is made by the Journal. The rule as published in the appendix of same Journal, p. 1348, is correctly given.

A bill granting land on a new condition that a railroad shall be completed within a new period, is within the scope of this rule.Journal, 2, 44, p. 293.

When the rules have been suspended for the purpose of enabling the report of a measure to be made, and also for its consideration, a point of order that it contains an appropriation cannot be well taken.Journal, 1, 34, pp. 1172, 1173.

(For the reason, of course, that the rule requiring bills making appropriations to be first considered in Committee of the whole House has been suspended.]

Preference given to general, in the House.-Rule 119, p. 129.

General, may be made special order by majority vote, at any time.-Ibid.

Preference also given to general, in Committee of the Whole.Rule 114, p. 130.

[Existing special orders being made under a suspension of the rules, or by unanimous consent, take precedence of all other busi. ness.]

[In considering general appropriation bills, the clauses are invariably treated as sections.

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