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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.


“The yeas and nays of the members of either house on any ques. tion 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) 6 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 businessIbid., 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 pres. ent.)

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. 623—. may be reconsidered.

The yeas and nays cannot be demanded on seconding a demand



for the previous question.—Journal, 2, 19, p. 493. Nor can they be taken on any question in Committee of the Whole.-Cong. Globe, 1, 28, p. 618.

“In taking the yeas and nays on any question, the names of the members shall be called alphabetically.”-Rule 35. And while they are being taken, no member or other person shall visit or remain by the Clerk's table.Rule 65, p. 117.

After the yeas and pays are ordered and a member has answered to his name, the roll-call must progress without debate.-Cong. Globe, 1, 31, p. 1686.

“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 42, p. 111.

“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 : Pro. vided, however, That any member who was absent by leave of the House may vote at any time before the result is announced.”—Rule 29, p. 108.

But the Speaker shall not entertain the request of a member to change his vote after announcement or to vote if not present when the vote was taken.-Rule 29, p. 108.

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

“Upon a division and count of the House on any question no member without the bar shall be counted.”Rule 41, p. 110.


The names of members not voting on any call of the yeas and nays shall be recorded in the Journal immediately after the names of those voting in the affirmative and negative, and the same record shall be made in the Congressional 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 propounced by the Chair.—Journal, 2, 20, pp. 357, 358. (But not afterwards.]

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.

A member has a right to have an erroneous record of his rote corrected after the announcement of the result of a vote.—Journal, 1, 38, pp. 586, 587.

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