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again before the committee, and a new resolution must be again moved, as if nothing had passed."- Manual, p. 71.

(A select committee is created either by resolution, when resolutions are in order, or upon motion to refer, when the subject to be referred is before the House; the number of which it is to consist being designated in the resolution or motion.] Under the parliamentary law-Manual, pp. 68, 69—"none who speak directly against the body of the bill” are to be of the committee to which it is referred. The spirit of this law has prevailed in the House so far as that, in the formation of a select committee, in the case of the reference of a bill, a majority of the friends of the measure referred, and in the case of an investigation, a majority of those favorable to the proposed investigation, are usually appointed thereon; and the member proposing the select committee is usually appointed the chairman.-Barclay.]

Select committees do not hold over to a second or subsequent session after their appointment-Journal 2, 32, p. 207—unless specially authorized to do so.-Ibid., 1, 35, p. 1020.

(Undoubtedly the committee would have the right to report at a second session the results of an investigation ordered and made during a previous session. It could not, however, continue it without further order of the House.]

The President of the Senate, the Speaker of the House of Representatives, or a chairman of a Committee of the Whole, or of any committee of either house of Congress, is empowered to administer oaths to witnesses in any case under their examination.-R. S., Sec. 101.

Every person who, having been summoned as a witness by the authority of either house of Congress, to give testimony or to produce papers upon any matter under inquiry before either house, or any committee of either house of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars nor less than one hundred dollars, and imprisonment in a common jail for not less than one month nor more than twelve months.—R. S., Sec. 102.

No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he shall be examined by either house of Congress, or by any committee of either house, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous. -R. S., Sec., 103.

Whenever a witness summoned as mentioned in section one bundred and two fails to testify, and the facts are reported to either house, the President of the Senate or the Speaker of the House, as the case may be, shall certify the fact under the seal of the Senate or House to the district attorney for the District of Columbia, whose duty it shall be to bring the matter before the grand jury for their action.-R. S., Sec. 104.


The rules and practice of the House recognize two Committees of the Whole, viz: the Committee of the Whole House on the state of the Union, to which are referred public bills and public business, and the Committee of the Whole House, to which are referred private bills and private business.]

“When a resolution shall be offered, or a motion made to refer any subject, and different committees shall be proposed, the ques. tion shall be taken in the following order: The Committee of the Whole House on the state of the Union; the Committee of the Whole House; a standing committee; a select committee.”-Rule 43, p. 111.

“The House may at any time, by a vote of a majority of the members present, suspend the rules and orders for the purpose of going into the Committee of the Whole House on the state of the Union.”Rule 104, p. 128. [On Fridays, which, under Rule 128, p. 133, are set apart for the consideration of private business, the mo. tion to go into Committee of the Whole House on the private calendar takes precedence of the motion to go into Committee of the Whole House on the state of the Union (unless there be a special order pending therein), but upon a failure of the former motion the latter motion may be entertained on those days. If the previous question shall have been seconded upon any pending proposition, under the practice it is not in order to entertain the motion to go into Committee of the Whole until it is disposed of.]

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 ad. minister 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.

6 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 vacates 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 adjouru, 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-por 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—por 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, Tbat 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 amend. ment 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 members 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 bourdebate; the five minutes' debate contemplated by the first proviso of the 60th Rule (recited in the foregoing par. agraph) commences upon the adoption of the order under this rule. The following is the form of resolution (sanctioned by long practice) for closing the hourdebate, viz: “ Resolved, That all debate in the Com. mittee 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 pot 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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