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[All questions relating to the right of a member to bis seat are held to be questions of privilege, and hence take precedence of other business.-Barclay.)

This has been the almost uniform practice of the House after organization, but pending the election of a Speaker, since the Thirtyseventh Congress, under the act of March 3 1863 (see R. S., sec. 31), it has been invariably held that the question of the right of a member to his seat was subordinate to that of the election of a Speaker. Mr. Speaker Blaine decided in the Forty-third Congress (Cong. Rec., vol. 2, 1st sess. 430, p. 8) that the question of the right of a member to his seat was subordinate to the question of drawing of seats, the latter question being a privileged one but once during each Congress.—See Rule 163, p. 143.

ENACTING WORDS.

Form of; form of resolving clause; no enacting words after first section ; sections to be numbered.-R. S., secs. 7, 8, 9, and 10.

ENACTING WORDS, MOTION TO STRIKE OUT. Takes precedence of motion to amend ; effect if carried ; effect of disagreement to recommendation of committee; effect of reporting from the Committee of the Whole.-Rule 123, p. 132.

The question which arises (under the recent practice) upon a report from the Committee of the Whole that the enacting words be stricken out is, “Shall the enacting words be stricken out?” and the previous question is exhausted upon the taking of such vote.Journals, 1, 33, p. 872; 3, 34, p. 479; 1, 35, p. 107.

[When the Committee of the Whole House on the state of the Union or of the Whole House have stricken out the enacting words or clause, it is not necessary that the committee should at once rise and report that action to the House, but the bill may be laid aside to be reported as other bills.)

At the first session Forty-third Congress it was decided by the Speaker, and acquiesced in by the House, that pending such question a motion that the bill be laid on the table is not in order.Journal, 1, 43, p. 629.

ENGRAVING.

Maps not to be printed without special order.-Rule 139, p. 139. To be referred to House members of Committee on Printing Rule 100, p. 126.

For Congress; when to be advertised; lithographing for report of Land Office; execution of contracts for.-R. S., secs. 3779, 3780, 3781, 3782.

(See also PRINTING, PUBLIC.)

ENGROSSED BILLS.

See Rule 125, p. 133, and Joint Rule 5, p. 145.

ENROLLED BILLS.

See Joint Rule 6, p. 145.

ENROLLED BILLS, COMMITTEE ON.

See Joint Rules 6, 7, 8, 9, 10, and 17, pp. 145–146.

6. It shall be in order for the Committee on Enrolled Bills to re. port at any time.”-Rule 101, p. 126. [The practice is quite common when the House is in Committee of the Whole for the Speaker to take the chair and receive a report of bills examined, and, having signed the same and the Clerk having read their titles, the committee resumes its session without formal motion.]

[And said committee may report at any time upon any subject . regularly referred to them.-Barclay.]

ESTIMATES OF APPROPRIATIONS.

See Rule 159, p. 142.

EXECUTIVE DEPARTMENTS.

.

Calls on shall lie over one day; Clerk to deliver.-Rule 53, p. 114.

List of reports called for to be made out by Clerk.-Rule 13, p. 106.

Messages and other executive communications are the business first in order whenever the House proceeds to the consideration of the business on the Speaker's table.-Rule 54, p. 114. [It is the practice, bowever, of the Speaker, with the unanimous consent of the House (which is rarely refused), to lay such communications as shall not give rise to debate before the House imrnediately after the

All witnesses who attend in obedience to a subpoena, or who attend voluntarily at the time and place appointed, of whose examination notice has been given, as provided by this chapter, shall then and there be examined on oath by the officer who issued the sub. pæna, or, in case of his absence, by any other officer who is author. ized to issue such subpena, or hy the officer before whom the depositions are to be taken by written consent, or before whom the depositions of witnesses residing outside the district are to be taken, as the case may be, touching all such matters respecting the election about to be contested as shall be proposed by either of the parties or their agents.-R. S., sec. 120.

The testimony to be taken by either party to the contest shall be confined to the proof or disproof of the facts alleged or denied in the notice and answer mentioned in sections one hundred and five and one hundred and six.-R. S., sec. 121.

The officer shall cause the testimony of the witnesses, together with the questions proposed by the parties or their agents, to be reduced to writing in his presence, and in the presence of the parties or their agents, if attending, and to be duly attested by the witnesses respectively.-R. S., sec. 122.

The officer shall have power to require the production of papers; or on the refusal or neglect of any person to produce and deliver up any paper or papers in his possession pertaining to the election, or to produce and deliver up certified or sworn copies of the same in case they may be official papers, such persons shall be liable to all the penalties prescribed in section one hundred and sixteen. All papers thus produced, and all certified or sworn copies of official papers, shall be transmitted by the officer, with the testimony of the witnesses, to the Clerk of the House of Representatives.-R. S.,

sec. 123.

The taking of the testimony may, if so stated in the notice, be adjourned from day to day.-R. S., sec. 124.

The notice to take depositions, with the proof or acknowledgment of the service thereof, and a copy of the subpæna, where any has been served, shall be attached to the depositions when completed.R. S., sec. 125.

A copy of the notice of contest, and of the answer of the returned member, shall be prefixed to the depositions taken, and transmitted with them to the Clerk of the House of Representatives.-R. S., sec. 126.

All officers taking testimony to be used in a contested-election case, whether by deposition or otherwise, shall, when the taking of the same is completed, and without unnecessary delay, certify and carefully seal and immediately forward the same, by mail, ad. dressed to the Clerk of the House of Representatives of the United States, Washington, D. C.; and shall also indorse upon the envelope containing such deposition or testimony the name of the case in which it is taken, together with the pame of the party in whose behalf it is taken, and shall subscribe such indorsement.-R. S., sec. 127, and Laws, 2, 43, p. 338.

Every witness attending by virtue of any subpoena herein directed to be issued shall be entitled to receive the sum of seventyfive cents for each day's attendance, and the further sam of five cents for every mile necessarily traveled in going and returning. Such allowance shall be ascertained and certified by the officer tak. ing the examination, and shall be paid by the party at whose instance such witness was summoned.—R. S., sec. 128.

Each judge, justice, chancellor, chief executive officer of a town or city, register in bankruptcy, notary public, and justice of the peace, who shall be necessarily employed pursuant to the provisions of this chapter, and all sheriffs, constables, or other officers who may be employed to serve any subpoena or notice herein author. ized, shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the State wherein such service may be rendered.-R. S., sec. 129.

No payment shall be made by the House of Representatives, out of its contingent fund or otherwise, to either party to a contestedelection case for expenses incurred in prosecuting or defending the same.-R. S., sec. 130.

Upon the hearing of a case of contested election by the House, the courtesy of occupying a seat upon the floor, and of being heard in his own behalf, is usually extended by the House to the contestant-Journals, 1, 29, p. 278; 1, 31, p. 1258, &c.; and he is subject to all the rules of debate which are applicable to members.-Journals, 1, 28, p. 1012.

[All questions relating to the right of a member to bis seat are held to be questions of privilege, and hence take precedence of other business.—Barclay.]

This has been the almost uniform practice of the House after organization, but pending the election of a Speaker, since the Thirtyseventh Congress, under the act of March 3 1863 (see R. S., sec. 31), it has been invariably held that the question of the right of a member to his seat was subordinate to that of the election of a Speaker. Mr. Speaker Blaine decided in the Forty-third Congress (Cong. Rec., vol. 2, 1st sess. 43d, p. 8) that the question of the right of a member to his seat was subordinate to the question of drawing of seats, the latter question being a privileged one but once during each Congress.-See Rule 163, p. 143.

ENACTING WORDS.

Form of; form of resolving clause; no enacting words after first section ; sections to be numbered.-R. S., secs. 7, 8, 9, and 10.

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ENACTING WORDS, MOTION TO STRIKE OUT.

Takes precedence of motion to amend ; effect if carried ; effect of disagreement to recommendation of committee; effect of reporting from the Committee of the Whole.—Rule 123, p. 132.

The question which arises (under the recent practice) upon a report from the Committee of the Whole that the enacting words be stricken out is, “Shall the enacting words be stricken out?" and the previous question is exhausted upon the taking of such vote.Journals, 1, 33, p. 872; 3, 34, p. 479; 1, 35, p. 107.

[When the Committee of the Whole House on the state of the Union or of the Whole House have stricken out the enacting words or clause, it is not necessary that the committee should at once rise and report that action to the House, but the bill may be laid aside to be reported as other bills.]

At the first session Forty-third Congress it was decided by the Speaker, and acquiesced in by the House, that pending such question a motion that the bill be laid on the table is not in order.Journal, 1, 43, p. 629.

ENGRAVING.

aps not to be printed without special order.-Rule 139, p. 139.

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