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COMMITTEE OF THE WHOLE.

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lation; tolerating, however, limitations and provisos as to appropriations which are themselves in order.-Barclay.]

"Upon bills committed to a Committee of the Whole House, the bill shall be first read throughout by the Clerk, and then again read and debated by clauses, leaving the preamble to be last considered; the body of the bill shall not be defaced or interlined; but all amendments, noting the page and line, shall be duly entered by the Clerk on a separate paper, as the same shall be agreed to by the committee, and so reported to the House. After report, the bill shall again be subject to be debated and amended by clauses before a question to engross it be taken."-Rule 107, p. 129. [The first reading herein required is usually dispensed with, but of course only by unanimous consent. Since the practice has obtained of printing all bills upon the order for their commitment, the amendments are usually noted. upon a copy of the bill. The debate and amendment after report of a bill is usually precluded by an order for the previous question.] [General appropriation, tariff, and tax bills are considered by clauses; other bills by sections.]

Where a bill is being considered by clauses or sections, and the committee has passed from the consideration of a particular clause or section, it is not in order to recur thereto.-Cong. Globe, 2, 32, p. 730; 2, 35, p. 1422.

"In Committee of the Whole on the state of the Union, the bills shall be taken up and disposed of in their order on the calendar; but when objection is made to the consideration of a bill, a majority of the committee shall decide, without debate, whether it shall be taken up and disposed of or laid aside: Provided, That general appropriation bills, and, in time of war, bills for raising men or money, and bills concerning a treaty of peace, shall be preferred to all other bills at the discretion of the committee; and when demanded by any member, the question shall be first put in regard to them."-Rule 114, p. 130. [Where a bill has been taken up and is left undisposed of at the rising of the committee, it is the business first in order when the House shall again resolve itself into committee.]

A motion to strike out the enacting words of a bill shall have precedence of a motion to amend; and, if carried, shall be considered equivalent to its rejection. Whenever a bill is reported from a Committee of the Whole, with a recommendation to strike out the

enacting words, and such recommendation is disagreed to by the House, the bill shall stand recommitted to the said committee without further action by the House.-Rule 123, p. 132.

Where an amendment is reported from the Committee of the Whole as an entire and distinct proposition, it cannot be divided, but must be voted upon as a whole.-Journals, 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 30, pp. 574, 575.

[The following are the usual forms of report by the chairman of the Committee of the Wbole, viz:

"The Committee of the Whole House on the state of the Union having, according to order, had the state of the Union generally under consideration, and particularly (here insert title of bill or other matter), have directed me to report the same with (or without, as the case may be) amendments."

Where the committee have failed to get through with the matter before them, instead of saying, "have directed me to report," &c., say, have come to no resolution thereon."

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Where the committee have risen for want of a quorum, instead of saying, "have directed me to report," &c., say "having found itself without a quorum, I caused the roll to be called, and herewith report the names of the absentees to the House."

In case of reports from a Committee of the Whole House, omit the words "on the state of the Union," where they first occur, and strike out the words "state of the Union" where they next occur, and insert "private calendar."]

[The report of the chairman of the Committee of the Whole is received immediately upon the rising of the committee, and, under the practice, the bill or other proposition reported is the business. then in order for the consideration of the House. It might be otherwise in case it was made to appear that a quorum was not present when it was proposed to make the report. It is, however, occasionally interrupted by a question of privilege, after which it is again first in order.] But a mere assertion of the fact, without evidence, that a quorum is not present, will not prevent the reception of the report.-Journal, 1, 35, pp. 814, 822.

COMPENSATION.

"Representatives shall receive a compensation for their services, to be ascertained by law and paid out of the Treasury of the United States."-Const. 1, 6, 9.

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By the act of July 28, 1866, Sess. Laws, pp. 333 and 334, it is provided that the compensation of each Senator, Representative, and Delegate in Congress shall be five thousand dollars per annum, to be computed from the first day of the present Congress, and, in addition thereto, mileage at the rate of twenty cents per mile, to be estimated by the nearest route usually traveled in going to and returning from each regular session; but nothing herein contained shall affect mileage accounts already accrued under existing laws: Provided, That hereafter mileage accounts of Senators shall be certified by the President of the Senate, and those of Representatives and Delegates by the Speaker of the House of Representatives: And provided further, That the pay of the Speaker shall be eight thousand dollars per annum.

The foregoing act was revived by the act of January 20, 1874, repealing the increase of salaries of members, &c.-Sess. Laws, 1, 43, p. 4.

Hereafter Representatives and Delegates elect to Congress, whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives in accordance with the provisions of section thirty-one, may receive their compensation monthly from the beginning of their term until the beginning of the first session of each Congress, upon a certificate in the form now in use, to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate of the Speaker under existing laws.-R. S., Sec. 38, and Laws, 2, 43, p. 316.

Each member and Delegate, after he has taken and subscribed the required oath, is entitled to receive his salary at the end of each month.-R. S., Sec. 39.

Deduction of, for absence.-R. S., Sec. 40.

Deduction for withdrawal from seat.-R. S., Sec. 41.

Deductions for books.-R. S., Sec. 42.

By a resolution of the House of March 4, 1812, the Sergeant-atArms is required to deduct the amount of the excess of stationery to which he is entitled, received by a member, from the pay and mileage of such member.-Journal, 2, 27, p. 495. (See STATIONERY.)

The compensation of members and Delegates shall be passed as public accounts, and paid out of the public Treasury.-R. S., Sec. 46.

The salary and accounts for traveling expenses in going to and returning from Congress of Senators shall be certified by the President of the Senate, and those of Representatives and Delegates by the Speaker of the House of Representatives.-R. S., Sec. 47.

The certificate given pursuant to the preceding section shall be conclusive upon all the departments and officers of the Government.-R. S., Sec. 48.

When any person who has been elected a member of or Delegate in Congress dies after the commencement of the Congress to which he has been elected, his salary shall be computed and paid to his widow, or, if no widow survive him, to his heirs at law, for the period that has elapsed from the commencement of such Congress, or from the last payment received by him to the time of his death, at the rate of $5,000 a year, with any traveling expenses remaining due for actually going to or returning from any session of Congress.-R. S., Sec. 49, and Laws, 1, 43, p. 4.

Salaries allowed under the preceding section shall be computed and paid, in all cases, for a period of not less than three months from the commencement of the Congress.-R. S., Sec. 50.

Whenever a vacancy occurs in either house of Congress, by death or otherwise, of any member or Delegate elected or appointed thereto after the commencement of the Congress to which he has been elected or appointed, the person elected or appointed to fill it shall be compensated and paid from the time that the compensation of his predecessor ceased.-R. S., Sec. 51.

CONCURRENCE.

[The question which first arises on a resolution, amendment, or conference report, is on concurrence. And as the negative of concurrence amounts to the affirmative of non-concurrence, no question is afterward put on the latter motion.]

CONFERENCE COMMITTEES.

"It is on the occasion of amendments between the houses that conferences are usually asked; but they may be asked in all cases of difference of opinion between the two houses on matters depending between them."-Manual, p. 88. [A conference committee, under the ussage, consists of three members of the Senate and three

CONFERENCE COMMITTEES.

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members of the House. The report of a conference committee must be signed by a majority of the members of each house composing the said committee.]

"In every case of an amendment of a bill agreed to in one house and dissented to in the other, if either house shall request a conference and appoint a committee to confer, and the other house shall also appoint a committee to confer, such committee shall, at a convenient hour, to be agreed upon by their chairman, meet in the conference chamber, and state to each other, verbally or in writing, as either shall choose, the reasons of their respective houses for and against the amendment, and confer freely thereon."-Joint Rule 1, 145.

[Usually, and especially toward the close of the session, the request of the Senate for a conference is reciprocated immediately upon its being communicated to the House; but such request can only be considered in order at the time that messages from the Senate on the Speaker's table are in order.]

The usual course of proceeding previous to a conference is for one house to disagree to the other's amendment, and for the amending house to insist upon its amendment and ask a conference.— Journal, 1, 35, pp. 711, 933, 1062. But it sometimes happens, near the close of a session, that one house disagrees to the other's amendments and thereupon asks a conference.-Journal, 1, 3, pp. 221, 222; 2, 35, p. 564. A conference sometimes takes place after one house has adhered.-Journal, 1, 3, pp. 281, 283; 2, 3, p. 254; 1, 34, pp. 1600, 1602; 1, 35, pp. 604, 615, 620; Senate Journal, January 20, 1834; Manual, p. 87.

"In the ordinary parliamentary course there are two free conferences at least before an adherence."-Manual, p. 88. There are sometimes three and even four conferences before a matter of dif ference is disposed of.-Journal, 1, 34, pp. 943, 1600; 1, 35, p. 1136.

In the case of disagreeing votes between the two houses, the House may either recede, insist and ask a conference, or adhere, and motions for such purposes take precedence in that order. (See Manual, p. 80; Journal, 1, 23, p. 229; 1, 34, pp. 1516 to 1518.)

(Even though the previous question may be pending on a motion to insist or to adhere, a motion to recede, which removes the disa greement between the houses and passes the bill, may be made, but of course is not debatable.-Barclay.]

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