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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.]
"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.
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.
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 consid ered 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.]
APPROPRIATIONS, COMMITTEE ON-BAR OF THE HOUSE. 163
Division of the question on, for works of internal improvement.Rule 121, p. 132.
APPROPRIATIONS, COMMITTEE ON.
Number of members, when appointed, and duties of.-(See Rules 74, 76, 77, pp. 119, 121.)
In reporting the reasons for a failure to report the general appropriation bills as required in Rule 77, the report must be in writing.Cong. Globe, 1, 31, pp. 1207, 1208.
ARCHITECT OF THE CAPITOL.
AYES AND NOES.
(See YEAS AND NAYS.)
When committees are to be appointed by.-Rule 67, p. 118.
"In all cases of ballot by the House, the Speaker shall vote."Rule 7, p. 104.
[The word here used in the original formation of the rule was election. On the 14th January, 1840, it was changed to the word ballot. According to the practice, however, this rule is held to apply to all cases of election.]
"No member or other person shall visit or remain by the Clerk's table while ballots are counting."-Rule 65, p. 117.
[There has been no instance for many years where a vote by ballot has been taken in the House, the Speaker and other officers having been elected by viva-voce votes, and the committees appointed by the Speaker.-Barclay.]
(See ELECTIONS and COMMITTEES.)
BANKING AND CURRENCY, COMMITTEE ON.
Number of members, when appointed, and duty.-Rule 74, p. 117, and Rule 152, p. 141.
BAR OF THE HOUSE.
In order to vote, members must be "within the bar."-Rule 29, p. 108.
Smoking is prohibited within the bar of the House..-Rule 65, p.
[At the 1st session 35th Congress (See Journal, p. 337), soon after the occupancy of the present hall, it was decided that, in order to be entitled to vote, a member must have been upon the floor of the hall, and not outside of any of the doors leading into it.] "Upon a division and count of the House on any question, no member without the bar shall be counted."-Rule 30, p. 109.
[Under the act of December 15, 1877, 2nd session 45th Congress, providing for the printing and distribution of the Biennial Register, each member of Congress is entitled to two copies of said volume; and the date up to which the lists directed by sections 198 and 510 of the Revised Statutes is to be made, is changed from September 30 to June 30 of each year in which a new Congress is to assemble.]
(See also PRIVATE BILLS and PRIVATE BUSINESS.)
Every bill shall be introduced on the report of a committee, or by motion for leave.-Rule 115, p. 130.
The enacting clause of all acts of Congress hereafter enacted shall be in the following form: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled."-R. S., sec. 7.
No enacting words shall be used in any section of an act of Congress except the first.-R. S., sec. 9.
Each section shall be numbered, and shall contain, as near as may be, a single proposition of enactment.-R. S., sec. 10.
The style and title of acts making appropriations for the sup port of government shall be as follows: "An act making appropriations (here insert the object) for the year ending June 30 (here insert the calendar year).-R. S., sec. 11.
"All bills for raising revenue shall originate in the House of Rep resentatives, but the Senate may propose or concur with amendments, as on other bills."-Const., 1, 7, 10.
Bills on leave, and in relation to post-routes.-Rule 115, p. 130.