WITNESS. 333 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 the 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 summoned 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 expul sion 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, summoned 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 shall 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 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 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 him or otherwise render him infamous.-R. S., sec. 103. Whenever a witness, summoned as mentioned in section 102, fails to testify, and the facts are reported to the House, the Speaker shall certify the fact under the seal of the 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. WRITING. "Every motion shall be reduced to writing if the Speaker or any member desire it."-Rule 39, p. 110. "If a member be called to order for words spoken in debate, the person calling him to order shall repeat the words except to, and they shall be taken down in writing at the Clerk's table."-Rule 62, p. 117. YEAS AND NAYS. "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. "And in all cases" (on the passage of a vetoed bill) "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." Ibid., 1, 7, 10. The yeas and nays may be called for while a vote on a division by tellers is being taken-Cong. Globe, 2, 28, p. 121—or while the Speaker is announcing the result of such vote-Ibid., 1, 29, p. 420-or even after the announcement, and before passing to any other business—Ibid., 1, 31, p. 277; but not after the result is announced, if delayed until the Speaker shall be in the act of putting another question.—Journal, 1, 22, p. 254. ["One fifth of those present" has always been construed to mean one-fifth of those who vote on the question of ordering the yeas and nays, regardless of the fact as to whether or not a quorum is present.] Is it not in order to repeat a demand for the yeas and nays which has been once refused.-Cong. Globe, 1, 29, p. 304; 2, 30, p. 623; Journal, 1, 33, p. 939. An order of the yeas and nays-Journals, 1, 19, p. 796; 1, 30, p. 405-or a refusal of the yeas and nays-Cong. Globe, 2, 30, p. 623may be reconsidered. The yeas and nays cannot be demanded on seconding a demand No member shall vote on any question in the mmediately and particularly interested, or in a s not within the bar of the House when the hen the roll-call is completed, the Speaker sha ember offering to vote does so upon the assura ithin the bar before the last name on the roll ded, however, That any member who was absen House may vote at any time before the result is a 9, p. 108. But the Speaker shall not entertain the requ to change his vote after announcement or to vo when the vote was taken.-Rule 29, p. 108. [A member of a committee of conference, accor practice, is understood to have leave of the Hous the duties of his committee.] "Upon a division and count of the House on member without the bar shall be counted."-Rule (See BAR OF THE HOUSE.) The names of members not voting on any call nays shall be recorded in the Journal immediately of those voting in the affirmative and negative, an shall be made in the Congressional Globe.-Rule |