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It is in order, pending a motion to go to business on the Speaker's table, to move that the House resolve itself into the Committee of the Whole House on the state of the Union.-Journal, 2, 32, pp. 155, 228.

"In forming a Committee of the Whole House, the Speaker shall leave the chair, and a chairman to preside in committee shall be appointed by the Speaker.-Rule 105, p. 128.

"In case of any disturbance or disorderly conduct in the galleries or lobby, the Speaker (or chairman of the Committee of the Whole House) shall have power to order the same to be cleared."Rule 9, p. 105. And "in case of great heat and confusion arising in committee, the Speaker may take the chair and bring the House to order."-Manual, p. 61; Journal 1, 26, p. 814.

The chairman of the Committee of the Whole has power to administer oaths to witnesses in any case under its examination.-R. S., Sec. 101.

"The quorum of a Committee of the Whole is the same as that of the House."-Manual, p. 61.

"If a message is announced during a committee, the Speaker takes the chair and receives it, because the committee cannot."Manual, p. 61. [So, too, during a committee, the Speaker often takes the chair to receive the report of the Committee on Enrolled Bills, without formal motion that the committee rise, &c., which having been announced, the chairman resumes the chair, and the House is again in committee.]

"Whenever the Committee of the Whole House on the state of the Union, or the Committee of the Whole House, finds itself without a quorum, the chairman shall cause the roll of the House to be called, and thereupon the committee shall rise, and the chairman shall report the names of the absentees to the House, which shall be entered on the Journal."-Rule 106, p. 129. [And all members are reported as absentees who fail to answer when their names are called, for, upon the completion of the roll, the chairman immediately va cates the chair. See Rule 36, p. 109. Whenever, upon such roll-call, a quorum answer to their names, and that fact is reported to the House, the Speaker declines to receive any motion whatever, and the committee resumes its session without further order. But if no quorum answer, a motion to adjourn, or for a call of the House,

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is in order; and if upon either of said motions a quorum shall vote, and the House refuses to adjourn or to order a call, the session of the committee is immediately resumed.-Journals, 2, 27, p. 292; 1, 29, p. 356; 2, 29, p. 343; 2, 32, p. 388.]

"The rules of proceedings in the House shall be observed in a Committee on the Whole House, so far as they may be applicable, except the rule limiting the times of speaking; but no member shall speak twice to any question until every member choosing to speak shall have spoken."-Rule 113, p. 129.

"No previous question can be put in committee, nor can this committee adjourn as others may-Manual, p. 61-nor can the yeas and nays be taken-Cong. Globe, 1, 28, p. 618; 1, 26, p. 285-nor can a motion to lie on the table be entertained-Cong. Globe, 2, 31, p. 645-nor motions to reconsider."-Cong. Globe, 1, 27, p. 305.

In Committee of the Whole on the state of the Union, all debate on special orders shall be confined strictly to the measure under consideration.-Rule 114, p. 130. [But it is otherwise where the measure has not been made a special order.- Cong. Globe, 2, 30, p. 587; 1,31, p. 1475; 2, 31, pp. 630, 631; 1, 32, p. 1856.]

"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 when debate is closed by order of the House, any member shall be allowed in committee five minutes to explain any amendment he may offer, after 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: 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."-Rule 60, p. 116.

"The House may at any time, by a vote of a majority of the mem

bers present, provide for the discharge of the Committee of the Whole House, and the Committee of the Whole House on the state of the Union, from the further consideration of any bill referred to it, after acting without debate on all amendments pending and that may be offered."-Rule 104, p. 128. [The closing of debate herein referred to has reference only to the hour debate; the five minutes' debate contemplated by the first proviso of the 60th Rule (recited in the foregoing paragraph) commences upon the adoption of the order under this rule. The following is the form of resolution (sanctioned by long practice) for closing the hour debate, viz: "Resolved, That all debate in the Committee of the Whole House (or Committee of the Whole House on the state of the Union, as the case may be) on (here insert title of bill or subject upon which it is proposed to close debate) shall cease (here insert time at which it is proposed to close debate) if the committee shall not sooner come to a conclusion upon the same; and the committee shall then proceed to vote on such amendments as may be pending or offered to the same, and shall then report it to the House with such amendments as may have been adopted by the committee."] The proposition to close debate may be made at any time, taking precedence even of a motion to go into Committee of the Whole; but, to be in order at all, the subject upon which it is proposed to close debate must have been previously taken up and considered by the committee.-Journal, 1, 32, p. 147. This rule is construed to apply as well to messages as bills; indeed, to all subjects committed.-Journal, 1, 32, p. 146. And debate may be closed upon any one of the subjects referred to in a message.-Journal, 1, 32, p. 147. The right of the member who reports the measure under consideration to close debate is held not to be affected by this rule; but he may make his closing speech after the arrival of the time at which the House directed that debate shall cease.-Journal, 1, 31, p. 1056; and such has been the invariable practice ever since. Where general debate has been closed, a member is not at liberty to speak in opposition to his own amendment.-Cong. Globe, 1, 31, p. 1408. Nor can he debate the main proposition.-Ibid., 2, 32, p. 1723.

Debate having been closed at a particular hour by order of the House, it is not competent for the committee, even by unanimous. consent, to extend the time.-Cong. Globe, 2, 32, pp. 784, 785.

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It is in order for the committee to lay aside a bill after having gone through with it, and, before rising, to proceed to other business on the calendar, notwithstanding the House may have adopted a resolution closing debate thereon.-Cong. Globe, 1, 33, pp. 1130, 1131.

"All amendments made to an original motion in committee shall be incorporated with the motion and so reported."-Rule 108, p. 129. [Bills and resolutions are sometimes originally moved in Committee of the Whole, having for their bases messages or reports previously referred, and then up for consideration.-Barclay.]

"All amendments made to a report committed to a Committee of the Whole House shall be noted and reported as in the case of bills." -Rule 109, p. 129. [This rule is practically obsolete.]

If the committee shall amend a clause, and subsequently strike out the clause as amended, the first amendment thereby falls, and cannot be reported to the House and voted on.-Journal, 2, 31, p. 346. [So, too, if the committee shall amend a bill ever so much, and subsequently adopt a substitute therefor, the bill is to be reported to the House with but a single amendment, viz, the substitute; and the House has only to choose between the original bill and the substitute.]

In Committee of the Whole a motion to rise, like the motion to adjourn in the House, may be made at any time; and when at the rising a member is entitled to the floor, he is entitled to occupy it in preference to any other member at the next sitting of the committee.-Cong. Globe, 1, 31, pp. 353, 388. And a member occupying the floor may yield it to another member to move that the committee rise, without losing his right to reoccupy it at the next sitting. -Ibid., 2, 31, p. 645. The motion to rise may be withdrawn at any time before the vote thereon is announced.-Ibid., 1, 31, p. 318.

"No motion or proposition for a tax or charge upon the people shall be discussed the day on which it is made or offered, and every such proposition shall receive its first discussion in a Committee of the Whole House."-Rule 110, p. 129. And "no sum or quantum of tax or duty voted by a Committee of the Whole House shall be increased in the House, until the motion or proposition for such increase shall be first discussed and voted in a Committee of the Whole House, and so in respect to the time of its continuance."— Rule 111, p. 129.

"All proceedings touching appropriations of money, and all bills making appropriations of money or property, or requiring such appropriations to be made, or authorizing payments out of appropriations already made, shall be first discussed in the Committee of the Whole House."-Rule 112, p. 129. (See APPROPRIATION BILLS.) [The foregoing rule was adopted January 13, 1874. Prior to that time bills directing the disbursement of money already appropri ated, or requiring future appropriations to be made, or making appropriations of land, were not necessarily first considered in Committee of the Whole.

Where a bill may incidentally involve expense, but does not directly require an appropriation, it does not necessarily go to the Committee of the Whole.-Journal, 1, 44, p. 1333.

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.

"No appropriation shall be reported in the general appropriation bills, or be in order as an amendment thereto, for any expenditure not previously authorized by law, unless in continuation of appro priations for such public works and objects as are already in prog ress, 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 expenditure."-Rule 120, p. 132.

An amendment in the nature of a private claim on the Govern ment is not in order to a general appropriatiou bill.--Cong. Globe, 1, 31, pp. 1617, 1651; 2, 32, p. 736; 1, 33, pp. 385, 1483.

[In the case of an appropriation reported by the Committee on Appropriations in conflict with the 120th Rule, and committed with the bill, it is not competent for the Committee of the Whole to rule it out of order, because the House, having committed the bills (of course it is otherwise where the point was reserved before commit ment), are presumed to have received, as in order, the report in its entirety. So far as proposed amendments are concerned, the current of decisions in Committees of the Whole has been to exclude not only all appropriations not previously authorized by law, (with the exceptions contained in the rule), but also independent legis.

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