When bills and reports from the Court of Claims to the House are left undisposed of at the end of a Congress, the bills are to be again read twice and referred to the Committee of Claims, and the adverse reports restored to the private calendar at the commencement of the next Congress.-Journals, 1, 35, pp. 134, 135; 1, 36, p.

247.

VETO.

Where a bill, having passed both houses, shall be presented to the President of the United States, "if he approve he shall sign it, but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that bouse, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law."-Const., 1, 7, 10.

A similar provision is made in the case of orders, resolutions, or votes presented to the President for his approval.—Ibid., 1, 7, pp. 10,

11.

Whenever a bill is returned to the House with the objections of the President, it is usual to have the message containing his objections immediately read.-Journals, 1, 28, pp. 1081, 1084; 1, 29, pp. 1209, 1214; 2, 33, pp. 397, 411; 1, 34, p. 1420; and for the House to proceed to the reconsideration of the bill-Ibid.—or to postpone its consideration to a future day.-Ibid., 1, 21, p. 742. But not where less than a quorum is present.-Ibid., 33, p. 1341. A veto message and a bill may be referred, or the message alone, and the bill may be laid on the table.-Journal, 2, 27, pp. 1253, 1254, 1256, 1257; Cong. Globe, same sess., p. 875.

The main question in the consideration of a vetoed bill is,

"Will

esident with his objections, and, on being recon be passed, and is approved by two-thirds of bo ess, and thereby becomes a law, or takes effect, i the Secretary of State from the President peaker of the House of Representatives, in whi hall last have been approved, and he shall caref riginals.-Laws, 2, 43, p. 294.

Where the President does not approve a bill, an Che adjournment of Congress from returning it wi it is usual for him to inform the house wherein it next session, of his reasons for not approving it.544; 1, 30, p. 82; 2, 35, p. 151.

(See also PRESIDENT OF THE UNITED STATES

VIVA VOCE.

"In all cases of election by the House of its shall be taken viva voce."-Rule 10, p. 105. (See ELECTIONS BY THE HOUSE.)

VOTING.

"Questions shall be distinctly put in this form, as are of opinion that (as the question may be) say the affirmative vote is expressed, 'As many as ar

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 the 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.]

"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.

(See YEAS AND NAYS.)

"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.

WAR CLAIMS, COMMITTEE ON.

331

"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.-Rule 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.

(See BAR OF THE HOUSE.)

"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 have 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.