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APPROPRIATIONS, COMMITTEE ON-BAR OF THE HOUSE. 163
Division of the question on, for works of internal improvement.Rule 121, p. 132.
APPROPRIATIONS, COMMITTEE ON.
Number of members, when appointed, and duties of.-(See Rules 74, 76, 77, pp. 119, 121.)
In reporting the reasons for a failure to report the general appropriation bills as required in Rule 77, the report must be in writing.Cong. Globe, 1, 31, pp. 1207, 1208.
ARCHITECT OF THE CAPITOL.
AYES AND NOES.
(See YEAS AND NAYS.)
When committees are to be appointed by.-Rule 67, p. 118.
"In all cases of ballot by the House, the Speaker shall vote."Rule 7, p. 104.
[The word here used in the original formation of the rule was election. On the 14th January, 1840, it was changed to the word ballot. According to the practice, however, this rule is held to apply to all cases of election.]
"No member or other person shall visit or remain by the Clerk's table while ballots are counting."-Rule 65, p. 117.
[There has been no instance for many years where a vote by ballot has been taken in the House, the Speaker and other officers having been elected by viva-voce votes, and the committees appointed by the Speaker.-Barclay.]
(See ELECTIONS and COMMITTEES.)
BANKING AND CURRENCY, COMMITTEE ON.
Number of members, when appointed, and duty.-Rule 74, p. 117, and Rule 152, p. 141.
BAR OF THE HOUSE.
In order to vote, members must be "within the bar."-Rule 29, p. 108.
Smoking is probibited within the bar of the House.-Rule 65, p. 117.
[At the 1st session 35th Congress (See Journal, p. 337), soon after the occupancy of the present hall, it was decided that, in order to be entitled to vote, a member must have been upon the floor of the hall, and not outside of any of the doors leading into it.]
6.Upon a division and count of the House on any question, no member without the bar shall be counted.”—Rule 30, p. 109.
[Under the act of December 15, 1877, 2nd session 45th Congress, providing for the printing and distribution of the Biennial Register, each member of Congress is entitled to two copies of said volume; and the date up to which the lists directed by sections 198 and 510 of tbe Revised Statutes is to be made, is changed from September 30 to June 30 of each year in which a new Congress is to assemble.)
(See also PRIVATE BILLS and PRIVATE BUSINESS.) Every bill shall be introduced on the report of a committee, or by motion for leave.-Rule 115, p. 130.
The enacting clause of all acts of Congress hereafter enacted shall be in the following form : “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.”—R. S., sec. 7.
No enacting words shall be used in any section of an act of Congress except the first.-R. S., sec. 9.
Each section shall be numbered, and shall contain, as near as may be, a single proposition of enactment.—R. S., sec. 10.
The style and title of acts making appropriations for the support of government shall be as follows: "An act making appropriations (here insert the object) for the year ending June 30 (here insert the calendar year).-R. S., sec. 11.
"All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amend. ments, as on other bills.”—Const., 1, 7, 10.
Bills on leave, and in relation to post-routes.-Rule 115, p. 130.
Bills on leave, when and how introduced ; what bills not to be brought back on a motion to reconsider.---Rule 130, p. 134.
(See also MORNING HOUR ON MONDAY.)
[The notice referred to in Rule 115 is rarely given in the House (it being in order to give it there only when resolutions are in order), but is usually given to the Clerk, by sending to him a written memorandum in this form : “ Mr. gives notice that to-morrow, or on some subsequent day, he will ask leave to introduce a hill (here insert its title).” If the member desires his notice to appear in the newspaper report of the proceedings of the House, he should furnish the reporter of such paper with a copy of the memorandum fur. nished the Clerk. Having given his notice, it is then in order, on any subsequent day, when bills on leave and resolutions are being called for, and when his particular State is called, to move for leave to introduce his bill. The practice of introducing bills on leave, it may be remarked, however, does not facilitate business. If, instead of waiting for an opportunity to introduce his bill on leave, the member would file his petition, or whatever other matter he may have in favor of the proposed legislation, and have it referred to the appropriate committee, as he may do on any day, under Rule 131 (see PETITIONS), he will thus have the subject before them, and will get a bill reported as speedily as if it had been originally referred. Besides the bill thus reported comes before the House unincumbered with amendments, as is not likely to be the case with a bill previously referred. These suggestions, of course, do not apply to cases where the immediate passage of a bill, without the intervention of a committee, is sought for, or where it is desirable to refer it to a select committee.-- Barclay.]
For information in regard to bills reported from a committee, see COMMITTEES.
"Every bill shall receive three several readings in the House, previous to its passage; and bills shall be dispatched in order as they were introduced, unless where the House shall direct otherwise ; but no bill shall be twice read on the same day without special order of the House."--Rule 116, p. 131. [The “special order” here referred to is generally assumed to have been given, for unless objection is made, immediately after the bill is read a first time, the Speaker announces the second reading of the bill,” and it thereupon receives its second reading.
The first reading of a bill shall be for information, and if opposition be made to it, the question shall be: "Shall this bill be rejected?"-Rule 117, p. 131. And this question is debatable.— Journal, 2, 32, p. 152. But "if no opposition be made, or if the question to reject be negatived, the bill shall go to its second reading without a question."- Rule 117, p. 131.
[The three readings of a bill are usually by the title, the readings throughout usually taking place in Committee of the Whole; but where there is no commitment, it then takes place whenever it is proposed to put the bill on its passage. It is the undoubted right, however, of any member to have a bill read through at every stage of its progress through the House.-Barclay. (See READING OF PAPERS.)]
After second reading.-Rule 118, p. 131.
[The settled practice of the House upon the second reading of a bill, unless it be an APPROPRIATION BILL (which see), is to consider it as open to debate, when, under the 42d Rule, it is in a condition for a motion to lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely, which several motions take precedence in the order in which they are arranged. "But a motion to strike out the enacting words of a bill shall have precedence of a motion to amend; and, if carried, shall be considered equivalent to its rejection."-Rule 123, p. 132. (See all of said motions respectively.)]
[The question of engrossment is put in this form, viz: "Shall the bill be engrossed and read a third time?" If it be negatived, the bill is rejected; but if it be decided in the affirmative, and the bill is actually engrossed, or no question is made on its failure to be engrossed, the Speaker immediately directs the "third reading of the bill." But if the question is made, and it be not actually engrossed, the bill goes to the Speaker's table. In the case of a Senate bill, the engrossment having already been made before it came. to the House, the question which arises is, "Shall the bill be read a third time?" which being decided negatively the bill is rejected, but being decided affirmatively the bill is immediately read a third time.]
[Where the bill has a preamble, although there is no rule, and until lately no settled practice, defining the stage at which it is to be considered, it would seem to be most appropriate that its consideration should take place after the bill has been ordered to be engrossed
and read a third time, and before the third reading takes place. By this course, the bill can be engrossed either with or without the preamble, as the House shall have determined.]
[After the third reading of a bill, the question which next arises in course is, "Shall the bill pass?" At this stage the bill is again open to debate, but is not amendable; it may, however, under the 124th Rule, be recommitted at any time before passage.-(See RECOMMIT, MOTION TO.)]
[The bill having passed, and the title having been read, the Speaker states, "If there be no objection, this will remain the title of the bill." The title, however, is subject to amendment, and, unless the previous question is ordered on it, it is also debatable.]
[After the title is disposed of, it is usual for the member having charge of the bill to move "that the vote last taken be reconsidered, and that the motion to reconsider be laid on the table;” which latter motion having been decided in the affirmative, no reconsideration can take place, and the transmission of the bill to the Senate cannot be delayed. Indeed it is not uncommon to make the motion "to reconsider and lie" at every stage of the bill.-Barclay.]
The bill is then, as required by Rule 127, "certified by the Clerk, notifying the day of its passage at the foot thereof," and conveyed by him to the Senate, "together with all the papers on which it is founded," as required by Joint Rule 14. But "no bill that shall have passed one House shall be sent for concurrence to the other on either of the last three days of the session." Joint Rule 16. [This rule is almost invariably suspended by the two houses near the close of a session.]
"While bills are on their passage between the two houses, they shall be on paper and under the signature of the Secretary or Clerk of each house respectively."-Joint Rule 5.
[After the bill has been acted on by the Senate, it is brought back to the House by the Secretary of the Senate, together with a report of their action thereon. If it has passed with amendment, it is placed on the Speaker's table to be taken up in its order under the 54th Rule (which see, p. 114).
When taken up, the amendment of the Senate may be either agreed to, disagreed to, or agreed to with amendment; in case of an appropriation of money being involved in the amendment, however, it must be first considered in a Committee of the Whole.