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the House on reconsideration agree to pass the bill ?"-Journals, 2, 27, p. 1051; 1, 28, p. 1085; 1, 29, p. 1218, &c.

The "two-thirds" by which a vetoed bill is required to be approved before it becomes a law has been construed in both houses to mean "two-thirds of the members present"-Journal, 1, 34, pp. 1176, 1178, 1420-(in all of which cases one hundred and fifty-six affirmative votes would have been necessary to pass the bills if "two-thirds of the members elected” had been required), and Senate Journal, 1, 34,

p. 419.

A motion to proceed to the consideration of a vetoed bill, with the objections of the President, is a privileged question under the Constitution.-Cong. Globe, 2, 27, p. 905; 2, 28, p. 396.

A vote on the passage of a vetoed bill cannot be reconsidered.Cong. Globe, 1, 28, pp. 672, 677; Journal, same sess., p. 1093 to 1098.

Whenever a bill, order, resolution, or vote is returned by the President with his objections, and, on being reconsidered, is agreed to be passed, and is approved by two-thirds of both houses of Congress, and thereby becomes a law, or takes effect, it shall be received by the Secretary of State from the President of the Senate, or Speaker of the House of Representatives, in whichsoever house it shall last have been approved, and he shall carefully preserve the originals.-Laws, 2, 43, p. 294.

Where the President does not approve a bill, and is prevented by the adjournment of Congress from returning it with his objections, it is usual for him to inform the house wherein it originated, at the next session, of his reasons for not approving it.-Journals, 2, 12, p. 544; 1, 30, p. 82; 2, 35, p. 151.



“In all cases of election by the House of its officers, the vote shall be taken viva voce.Rule 10, p. 105.



Questions shall be distinctly put in this form, to wit: "As many as are of opinion that (as the question may be) say Aye;' and after the affirmative vote is expressed, 'As many as are of the contrary opinion say No. If the Speaker doubt, or a division be called for, the House shall divide : those in the affirmative of the question shall first rise from their seats, and afterward those in the negative. If the Speaker still doubt or a count be required by at least onefifth of a quorum of the members, the Speaker shall name two members 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.

[The manner of dividing the House, as originally established by the rule of April 17, 1789, was, that the members who voted in the affirmative went to tbe right of the Chair, those in the negative to the left. This was, doubtless, taken from the old practice of the House of Commons of England. The passing of the members to and fro across the House was found so inconvenient and took up so much time that the mode of dividing the House was, on the 9th of June, 1789, changed to the present form : the members of each side of the question rising in their seats and being there counted.]

6. And the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the Journal."-Const., 1, 5, 9.


" If any question arises in point of order during the division, the Speaker is to decide it peremptorily, subject to the future censure of the House if irregular.”—Manual, p. 86.

“Every member who shall be in the House when the question is put shall give his vote, unless the House shall excuse him. All motions to excuse a member from voting shall be made before the House divides, or before the call of the yeas and nays is commenced; and the question shall then be taken without debate."Rule 31, p. 109.

(But on motion to adjourn, to fix the day to which the House shall adjourn, and for a call of the House, it has been held not to be in order to ask to be excused from voting; and for the obvious reason that nothing but a desire to consume time, and thereby delay legislation, or to prevent a majority from adjourning, could possibly influence a member in making the request.] See Cong. Globe, 1, 31, p. 376; Journals, 1, 31, p. 1538; 1, 33, pp. 757, 765, 854, 1243; 1, 35, p. 866 ; Cong. Globe, 1, 39, p. 945.


“No member shall vote on any question in the event of which he is immediately and particularly interested, or in any case where he was not within the bar of the House when the question was put. When the roll-call is completed, the Speaker shall state that any member offering to vote does so upon the assurance that he was within the bar before the last name on the roll was called: Provided, however, That any member who was absent by leave of the House may vote at any time before the result is announced.” It is not in order for the Speaker to entertain a request for a member to change his vote on any question after the result shall have been declared, nor shall any member be allowed to record his vote on any question if he was not present when such vote was taken.-Rulc 29, p. 108.

[A member of a conference committee, absent on the business of his committee, is, according to the recent practice, understood to be absent by leave of the House.]

“ Upon a division and count of the House on any question, no member without the bar shall be counted.-Rule 30, p. 109.


“ 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 7, p. 104."

The names of members not voting on any call of the ayes and noes shall be recorded in the Journal immediately after those voting in the affirmative and negative, and the same record shall be made in the Gongressional Globe.Rule 149, p. 140.

A member has the right to change his vote before the decision of the question has been finally and conclusively pronounced by the Chair.Journal, 2, 20, pp. 357, 358. [But not afterward.]

And it is not competent for a member to have the Journal amended so as to bave the record of his vote changed upon a representation that such vote, though recorded as given, was given under a misapprehension.- Journals 2, 8, p. 167; 2, 27, p. 263.

WAR CLAIMS, COMMITTEE ON. When appointed, and number of members of.—Rule 74, p. 119. Duties of.—Rule 84, p. 123. Clerk to, and compensation of.—Journal, 1, 43, p. 267.

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All writs, warrants, and subpoenas, issued by order of the House, sball be under the hand and seal of the Speaker, attested by the Clerk.-Rule 8, p. 104.


When appointed and number of members of.—Rule 74, p. 119.
Duties of.-Rule 151, p. 141.
Clerk to.—Journal, 1, 34, p. 557.




A motion may be withdrawn at any time before a decision or amendment— Rule 40, p. 110—[but not after the previous question is seconded.] It may, however, be withdrawn while the House is dividing on a demand for the previous question-Journal 2, 29, p. 241; and all incidental questions fall with such withdrawal.—Journal, 1, 26, p. 57.




Witnesses are summoned in pursuance of an order of the House, usually by virtue of its authority conferred upon a committee - to send for persons and papers.”Journal, 1, 35, pp. 88, 175.

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.

The Sergeant-at-Arms shall execute the commands of the House from time to time, together with all such process issued by authority thereof as shall be directed to him by the Speaker.-Rule 22,

p. 107.

The President of the Senate, the Speaker of the House of Representatives, a chairman of a Committee of the Whole, or of any


committee of either House, is empowered to administer oaths to witnesses in any case under their examination.—R. S., sec. 101.

“ The rule for paying witnesses summoned to appear before this House, or either of its committees, shall be as follows: For each day a witness shall attend, the sum of three dollars; for each mile he shall travel in coming to or going from the place of examination, the sum of five cents each way; but nothing shall be paid for trav. eling when tbe witness has been summoned at the place of trial.”. Rule 138, p. 139.

By the act of May 3 1876 (Sess. Laws, 1, 44, p. 44), it is provided that witnesses residing in the District of Columbia and not in the service of the government of said District or of the United States, who shall be summoped to give testimony before any committee of the House of Representatives, shall not be allowed exceeding two dollars for each day's attendance before said committee.

The failure or refusal of a witness to appear, or refusal to testify, is a breach of the privileges of the House, and has been punished by commitment to the custody of the Sergeant-at-Arms, by expulsion from the floor as a reporter, and by commitment to the common jail of the District of Columbia.—Journals, 1, 12, pp. 276, 277; 2, 33, pp. 315, 318; 2, 34, pp. 269, 277, 281, 384, 567 ; 1, 35, pp. 371, 387 to 389, 535 to 539; 3, 42, pp. 269, 272, 277, 319, 323, 362, 518. See also case Richard B. Irwin, Journal, 2, 43d, passim.

Any person, summoved as a witness by authority of the House to give testimony or to produce papers upon any matter before the House or any committee thereof, who sball willfully make default, or who, appearing, shall refuse to auswer any question pertinent to the matter of inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not inore 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 the House, or by any committee of the House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace bim or otherwise render him infamous.-R. S., sec. 103.

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