BUSINESS, UNFINISHED AT END OF A FIRST SESSION.

33

ber to make mo

to make the motion to proceed to business on the Speaker's taken from memtable.]

tion.

ing of.

The motion to go to business on the Speaker's table being Order of disposdecided in the affirmative, the Speaker shall dispose of it in the following order, viz.:

"1st. Messages and other executive communications.

"2d. Messages from the Senate, and amendments proposed by the Senate to bills of the House.

"3d. Bills and resolutions from the Senate on their first and second reading, that they be referred to committees and put under way; but if, on being read a second time, no motion. being made to commit, they are to be ordered to their third reading, unless objection be made; in which case, if not otherwise ordered by a majority of the House, they are to bė laid on the table in the general file of bills on the Speaker's table, to be taken up in their turn.

"4th. Engrossed bills and bills from the Senate on their third reading.

"5th. Bills of the House and from the Senate on the Speaker's table, on their engrossment, or on being ordered to a third reading, to be taken up and considered in the order of time in which they passed to a second reading.

"The messages, communications, and bills on his table having been disposed of, the Speaker shall then proceed to call the orders of the day."-Rule 54.

statement of, on table.

"The Clerk shall make a weekly statement of the resolu- Weekly tions and bills upon the Speaker's table."-Rule 19. [A printed copy of this statement is laid upon each member's table every Monday morning.].

BUSINESS-UNFINISHED AT END OF A FIRST SESSION.

and reports to be days.

"After six days from the commencement of a second or Bills, resolutions subsequent session of any Congress, all bills, resolutions, and resumed after six reports, which originated in the House, and at the close of the next preceding session remained undetermined, shall be resumed and acted on in the same manner as if an adjournment had not taken place. And all business before committees of the House at the end of one session shall be re

Before committees, to be resumed as though no adjournment,

34

CALLS ON THE PRESIDENT AND DEPARTMENTS-CALL OF THE HOUSE

sumed at the commencement of the next session of the same Congress, as if no adjournment had taken place.”—Rule 136.

[And by the 21st Joint Rule the resumption of all undisposed of bills, resolutions, and reports, which originated in either house, is in like manner provided for. The word " resolutions" in the foregoing rule, has been invariably held to apply to "joint resolutions" only.]

CALLS ON THE PRESIDENT AND DEPARTMENTS.

(See PRESIDENT and EXECUTIVE Departments.)

Less than a quorum may be authorized to compel attendance.

authorized to

dance, but not

CALL OF THE HOUSE.

By the Constitution of the United States a smaller number than a quorum of each house" may be authorized to compel

the attendance of absent members in such manner and under such penalties as each house may provide."-Const., 1, 5, p. 8.

66

Fifteen members Any fifteen members (including the Speaker, if there be compel atten- one) shall be authorized to compel the attendance of absent members."-Rule 34. But where less than that number are present a motion for a call cannot be entertained.-Journal, 1, 28, p. 885.

less.

Unless no quo

66 "A call of the House shall not be in order after the prerum, not in order vious question is seconded, unless it shall appear, upon an question is sec- actual count by the Speaker, that no quorum is present."

after previous

onded.

In order before the Journal is

rum present. Proceedings case of

Rule 132.

A call of the House may be moved before the Journal is read, if no quo- read, if no quorum is present.-Journal, 1, 34, p. 1253. in "Upon calls of the House, the names of the members shall be called over (alphabetically-Rule 35) by the Clerk, and Roll to be called the absentees noted. After which the names of the absentees shall again be called over. The doors shall then be Excuses received. shut, and those for whom no excuse or insufficient excuses Order for arrest are made may, by order of those present, if fifteen in number, be taken into custody as they appear, or may be sent

twice.

Door shut.

of absentees, &c.

for and taken into custody wherever to be found, by special messengers to be appointed for that purpose."—Rule 36.

when usually

pensed with at

arrest.

[The order of arrest is not usually made by the House Order of arrest, unless a quorum cannot otherwise be obtained; and upon made. the appearance of a quorum, a motion is usually made and carried that "all further proceedings in the call be dispensed Call may be diswith;" and this motion is held to be in order at any period any time. of the proceedings. The order for arrest is usually in this form, viz. "That the Sergeant-at-arms take into custody, Form of order of and bring to the bar of the House, such of its members as are now absent without the leave of the House ;" and, upon its adoption, a warrant, under the hand and seal of the Issue of warrant. Speaker, and attested by the Clerk, with a list of the absentees thereto attached, is immediately placed in the hands of the Sergeant-at-arms. Upon his appearance with members under arrest, he is announced at the bar of the House by the doorkeeper, whereupon he makes his return. The Return of warmembers brought in by him are then severally arraigned by Arraignment of the Speaker and interrogated by him as to what excuses they may have to offer for being absent from the sitting of the House without its leave.]

rant.

absent members.

mine as to pay

“When a member shall be discharged from custody and House to deteradmitted to his seat, the House shall determine whether such ment of fees. discharge shall be with or without paying fees; and in like manner, whether a delinquent member, taken into custody by a special messenger, shall or shall not be liable to defray the expense of such special messenger."-Rule 37. In re- Fees against degard to the fees of Sergeant-at-arms and special messenger, bers. see SERGEANT-AT-ARMS.

linquent mem

must

pay fees before

Until a member has paid the fees assessed against him, he Member is not at liberty to address the chair or make a question of he can be recogorder. Journal, 1, 36, p. 1025.

nized.

der during.

It is not in order for the House to take a recess during a Recess not in orcall of the House.-Journal, 1, 26, p. 843. [Indeed, no motion, except to adjourn or with reference to the call, is ever only to adjourn entertained during a call.]

or with reference to call.

ment proceed.

[By an adjournment pending a call all proceedings in the By an adjourncall are terminated; but where the House has previously ings in, ordinpassed an order specially directing otherwise, such special

arily fall.

Speaker has con

hall

direction should doubtless be executed. See Journal, 2, 27, p. 672.]

CAPITOL.

"The unappropriated rooms in that part of the Capitol asand other rooms, signed to the House shall be subject to the order and disposal of the Speaker until the further order of the House."-Rule 5. The Speaker shall also "have a general direction of the hall."-Rule 5. And "no person shall be permitted to perform divine service in the chamber occupied by the House of Representatives unless with the consent of the Speaker." -Rule 6.

Spirituous

li

quors prohibited

"No spirituous liquors shall be offered for sale or exhibited in, or grounds. Within the Capitol, or on the public grounds adjacent thereto."-Joint Rule 19.

dent and the.

scribe rules for

grounds not in

pancy of either house.

By the Act of Congress of May 2, 1828, Stat. at Large, Vol. IV, page 266, the Commissioner of Public Buildings is The Vice-Presi. directed to take charge of and superintend the public buildSpeaker to pre-ings: "And it shall be the duty of the Commissioner of the keeping, and Public Buildings to obey such rules and regulations as may, exclusive occu- from time to time, be prescribed, jointly, by the presiding officers of the two houses of Congress, for the care, preservation, orderly keeping, and police of all such portions of the Capitol, its appurtenances, and the inclosures about it, and the public buildings and property in its immediate vicinity as are not in the exclusive use and occupation of either house Speaker to con- of Congress; that it shall also be his duty to obey such rules trol the Berting and regulations as may be, from time to time, prescribed by the presiding officer of either house of Congress for the care, preservation, orderly keeping, and police of those portions of the Capitol and its appurtenances which are in the exclusive use and occupation of either house of Congress respectively." -(See SPEAKER.)

of that part of, in the use of the House.

Speaker may

name person to

CHAIR.

"The Speaker shall have a right to name any member to all, for the day. perform the duties of the Chair, but such substitution shall not extend beyond an adjournment." Rule 5.

(See SPEAKER PRO TEMPORE.)

CHAIRMAN OF A STANDING COMMITTEE CHAPLAINS.

CHAIRMAN OF A STANDING COMMITTEE.

(See COMMITTEES.)

CHAIRMAN OF COMMITTEE OF THE WHOLE.

37

A chairman to preside in Committee of the Whole shall Appointed by the be appointed by the Speaker.-Rule 105.

Speaker.

ries to be cleared.

The chairman of the Committee of the Whole shall have May cause gailepower to order the galleries or lobby to be cleared in case of any disturbance or disorderly conduct therein.-Rule 9.

He is also authorized to administer oaths or affirmations to May administer witnesses. Stat. at Large, Vol. I, p. 554.

(See also COMMITTEES OF THE WHOLE.)

CHARGE UPON THE PEOPLE.

oaths.

for, to be discuss

"No motion or proposition for a tax or charge upon the No proposition people shall be discussed the day on which it is made or ed' on the day offered; and every such proposition shall receive its first dis- be committed. cussion in a Committee of the Whole House."-Rule 110.

CHAPLAINS.

made, and must

lains dispensed

The practice, which had prevailed for several years, of the Election of chapelection by each house of a chaplain, who should open their with. daily sessions with prayer, alternating weekly between the House and Senate, was suspended during the 35th Congress. At the 1st session of that Congress a resolution was adopted by the House which directed" that the daily sessions of that body be opened with prayer, and requesting the ministers of Clergymen genethe Gospel in this city to attend and alternately perform this netly invited to solemn duty."-Journal, 1, 35, p. 58. The clergymen of Washington generally responded to this request, and for the remainder of the Congress performed the duty of chaplains.

rally

act.

vived.

At the 1st session of the 36th Congress, the old practice of Election of, rethe election of a chaplain by each house was revived, and it was at that time decided that a proposition to proceed to such election, presented a question of privilege.-Journal, 1, 36, pp. 442, 443.