STATE LEGISLATURES, RESOLUTIONS OF-STATIONERY. 323 STATE LEGISLATURES, RESOLUTIONS OF. (See JOINT RESOLUTIONS.) STATIONERY. The act of June 20, 1874 (Laws, 1, 43, p. 4), revived the laws in force in regard to stationery prior to March 3, 1873. By the act of August 26, 1842, it is provided that all stationery, of every name and nature, for the use of the House of Representatives, shall be furnished by contract by the lowest bidder. The Clerk of the House of Representatives shall advertise, once a week for at least four weeks, in one or more of the principal papers published in the city of Washington, for sealed proposals for furnishing such articles, or the whole of any particular class of articles, specifying in such advertisement the amount, quantity, and description of each kind of articles to be furnished; and all such proposals shall be kept sealed until the day specified in such advertisement for opening the same, when they shall be opened by or under the direction of the Clerk, in the presence of at least two persons; and the person offering to furnish any class of such articles, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract-price in case of failure, shall receive a contract for doing the same; and in case the lowest bidder shall fail to enter into such contract, and give such security within a reasonable time, to be fixed by such advertisement, then the contract shall be given to the next lowest bidder who shall enter into such contract and give such security. And in case of a failure to supply the articles by the person entering into such contract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States in any court having jurisdiction threeof.—Stat. at Large, Vol. V, pp. 526, 527. By a resolution of the House, on the 24th of July, 1868 (Journal, 2, 40, p. 1173), it is provided that the Clerk be authorized, as the agent of the House, to purchase, in the manner provided by law, on the best terms he may find practicable, such stationery as may be requisite for the use of the House and Clerk's office, giving preference in all cases to American manufacture, provided it be equally cheap and of as good quality; that he cause to be recorded in a well-bound book, suited to that purpose, the bills and invoices of all the stationery he may so purchase from time to time; that he deliver to the members of Congress and officers hereinafter named the amounts of stationery hereinafter specified, keeping an accurate account of the same, and also of the quantity and value of that used in the Clerk's office; and that hereafter, in the annual reports now required by law to be made by the Clerk, showing the amount of expenditure from the contingent fund of the House, he be required to state, accurately and distinctly, the quantity and cost of all the stationery delivered pursuant to the provisions hereof and that used in the Clerk's office; also the amount remaining on hand at the time of making such statement, and the amount of unexpended appropriation for stationery: Provided, That the amount furnished to members of Congress may be embraced in a single item. And he is required to deliver to every member of the House the usual articles of stationery now furnished to members to an amount not exceeding in value that authorized by law, at the cost price, in the stationery-room, or, at the option of the members, to pay them the proper commutation in money; that he keep a true and accurate account of all stationery which he may so deliver to the several members of the House; and if in any case a member shall receive a greater amount of stationery during any session than is above provided, the Clerk shall, before the close of such session, furnish to the Sergeant-at-Arms an account of such excess beyond the amount above specified, who is hereby required to deduct the amount of such excess from the pay and mileage of such members, and refund the same into the Treasury: Provided, That this limitation is not intended to be made applicable to the use of wrappingpaper and envelopes which may be required in the folding-room. And he is also authorized and required to deliver to every chair. man of the committees of the House, for the use of such committees, and to the Postmaster, Sergeant-at-Arms, and Doorkeeper, for the use of their respective offices, at every session of Congress, similar articles of stationery, not exceeding in value an amount which from time to time shall be fixed upon by the Committee on Accounts, and approved by the Speaker. By the act of the second session Fortieth Congress, it is provided STENOGRAPHERS-SUSPENSION OF THE RULES. 325 that no Representative shall receive any newspaper except the Congressional Globe, or stationery, or commutation therefor, exceeding $125 for any one session of Congress.-Stat. at Large, Vol. XV, p. 35. STENOGRAPHERS. (See REPORTERS.) STRIKE OUT, MOTION TO. "A motion to strike out and insert shall be deemed indivisible; but a motion to strike out being lost, shall preclude neither amendment nor a motion to strike out and insert."-Rule 46, p. 112. "If it is proposed to amend by striking out a paragraph, the friends of the paragraph are first to make it as perfect as they can by amendments before the question is put for striking it out."Manual, p. 79. Where it is voted affirmatively to strike out certain words and insert A, it is not afterward in order to strike out A and insert B.-Ibid., p. 79. After A is inserted, however, it may be moved to strike out a portion of the original paragraph, comprehending A, provided the coherence to be struck out be so substantial as to make this effectively a different proposition.-Ibid., p. 80. (See AMENDMENT.) STRIKE OUT ENACTING CLAUSE. See ENACTING CLAUSE, MOTION TO STRIKE OUT. SUBPOENAS. All subpoenas issued by order of the House shall be under the hand and seal of the Speaker, attested by the Clerk.-Rule 8, p. 104. SUNDAY. It is for the House, and not the Speaker, to determine whether the House shall continue in session after twelve o'clock on Saturday night.-Journal, 1, 24, pp. 577, 582. SUSPENSION OF THE RULES. (See RULES.) TAXES. "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. "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. It has been decided that the foregoing rules (110, 111) do not cover the case of a bill imposing a special duty upon national banks, to meet certain expenses to be incurred by the general government in relation thereto.-Journal, 1, 38, p. 527; Cong. Globe, vol. 51, p. 1680. TELLERS. On putting a question, "if the Speaker doubt, or a division is called for, the House shall divide; those in the affirmative of the question shall rise first from their seats, and afterward those in the negative. If the Speaker still doubt, or a count be required by at least one-fifth of quorum of the members, the Speaker shall name two members, one from each side, to tell the members in the affirmative and negative; which, being reported, he shall rise and state the decision of the House."-Rule 4, p. 103. [It is the practice, whenever no quorum votes on a division, for the Speaker to direct the vote to be taken by tellers.] [In the election of a Speaker, it is the invariable practice of the Clerk to name four members to act as tellers of the vote; and in the election of the other officers the same number of tellers are named by the Speaker. Such tellers are usually selected from the different political parties of which the House is composed.Barclay.] TERRITORIES, COMMITTEE ON THE. When appointed, and number of.-Rule 74, p. 119. THANKS TO THE SPEAKER-UNFINISHED BUSINESS. THANKS TO THE SPEAKER. 327 A resolution of thanks to the Speaker is, under the practice, a privileged question, and is in order at any time.-Journals, 2, 20, p. 388; 1, 23, p. 879. TIE VOTE. "In all cases of ballot by the House, the Speaker shall vote; in other cases he shall not be required to vote, unless the House be equally divided, or unless his vote, if given to the minority, will make the division equal; and in case of such equal division, the question shall be lost."-Rule 12, p. 105. A member who has voted with the prevailing side (the negative side according to the foregoing rule) on a tie vote, is entitled to move a reconsideration.-Journal, 1, 30, p. 1080. (See RECONSIDERATION.) UNFINISHED BUSINESS. "The consideration of the unfinished business in which the House may be engaged at an adjournment shall be resumed as soon as the Journal of the next day is read, and at the same time each day thereafter until disposed of; and if, from any cause, other business shall intervene, it shall be resumed as soon as such other business is disposed of. And the consideration of all other unfinished business shall be resumed whenever the class of business to which it belongs shall be in order under the rules."-Rule 56, p. 115. The unfinished business at an adjournment, if from a committee having a special assignment of a day to report, must go over to be disposed of on the next day assigned to said committee under the rules. Journal, 1, 44, p. 860. "After six days from the commencement of a second or subsequent session of any Congress, all bills, resolutions, and reports which originated in the House, and at the close of the next preceding session remained undetermined, shall be resumed and acted on in the same manner as if an adjournment had not taken place. And all business before committees of the House at the end of one session shall be resumed at the commencement of the next session of the same Congress as if no adjournment had taken place."-Rule 136, p. 138, and Joint Rule 21, p. 147. |