ral provision of of law upon a private bill is against order.-Journal, 1, 31, law to a private bill not in order. p. 784. It is also out of order to ingraft upon a bill for the relief of one individual a provision for the relief of another.— Journal, 2, 32, p. 414. stance of pending bill. Must be germane No motion or proposition on a subject different from that rate any other under consideration shall be admitted under color of amendpending bill. ment. And no bill or resolution shall, at any time, be amended by annexing thereto, or incorporating therewith, any other bill or resolution pending before the House.Rule 48. The latter clause of this rule, as originally reMay contain sub-ported to the House, contained at the end of it, "nor ky any proposition containing the substance, in whole or in part, of any other bill or resolution pending before the House." These words were stricken out by the House before it would agree to the rule, by which it would seem to have been decided that an amendment containing the substance of another bill or resolution may be entertained.-Note to Rule 48. [Such, too, has been the practice ever since.] It has been decided that an amendment including the same provisions, to a very great extent, as other bills pending before the House, is in order.-Journal, 1, 31, p. 1333. Where inconsist ent not out of order. Presents new If an amendment be proposed inconsistent with one already agreed to, it is a fit ground for its rejection by the House, but not within the competence of the Speaker to suppress as if it were against order.-Manual, p. 104. On an amendment being moved, a member who has spoken member who has to the main question may speak again to the amendment. question, and a spoken to main question may Manual, p. 104. speak again. To bills granting lands for railroads. Of resolutions. By way of rider to bill on third reading. To the rules. A bill granting lands to a State for railroad purposes may be amended by adding thereto a similar provision for other States.-Journal, 1, 32, pp. 427, 967. A resolution of the House cannot be amended so as to be converted into a joint resolution.-Journal, 1, 32, p. 679. No amendment by way of rider shall be received to any bill on its third reading.—Rule 126. An amendment to the rules cannot be proposed without one day's notice-Rule 145-nor, without a similar notice, is it in order to offer an amendment, the effect of which is to change a standing rule.—Journal, 1, 17, p. 282. And it is virtually an amendment of the rules to impose other duties upon an officer of the House than those already prescribed.— Journal, 1, 31, p. 456. of the Whole or ble. An amendment reported from the Committee of the Whole From Committee as an entire amendment is not divisible.-Journals, 1, 28, Senate not divisip. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 30, p. 574. Nor is an amendment of the Senate divisible.—Journal, 2, 32, p. 401. report from Com mittee of Whole, am After a bill has been reported from the Committee of the Additional, after Whole with amendments, it is in order to submit an additional mittee of Whole. amendment, but the first question put is upon the amendments reported.-Journal, 1, 29, p. 865. If, in Committee of the Where, in ComWhole an amendment is adopted, and subsequently, the para- paragraph graph as amended is struck out, the amendment striking out struck out. is the only one to be reported to the House. And if the latter is voted down in the House, the first amendment is not thereby revived.-Journal, 2, 31, p. 346. ended and then propriation bills. No appropriation shall be reported in a general appropri- To general apation bill, or be in order as an amendment thereto, for any expenditure not previously authorized by law, unless in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several departments of the government.— Rule 120. [This rule, so far as relates to amendments offered, is usually enforced with much strictness, but an instance is not known where the Committee of the Whole has ever ruled out any portion of a bill as reported from the Committee of Ways and Means, although containing provisions in violation of said rule.] (See APPROPRIATION BILLS.) closed on, with further. "The House may at any time, on motion seconded by a Debate may be majority of the members present, close all debate upon a out precluding pending amendment, or an amendment thereto, and cause the question to be put thereon; and this shall not preclude any further amendment or debate upon the bill."-Rule 132. AMENDMENTS BETWEEN THE TWO HOUSES. sion from dis When either house, e. g. the House of Representatives, Regular progressend a bill to the other, the other may pass it with amend- agreement to ad herence. Effect of adherence by both houses. Either house may recede. ments. The regular progression in this case is: that the House disagree to the amendment; the Senate insist on it; the House insist on their disagreement; the Senate adhere to their amendment; the House adhere to their disagreement. (See Manual, pp. 121, 122.) "After each house shall have adhered to their disagreement, a bill or resolution shall be lost."-Joint Rule 15. "Either house may recede from its amendment and agree to the bill; or recede from their disagreement to the amendment, and agree to the same absolutely, or with an amendMotion to recede ment."-Manual, p. 122. And a motion to recede takes of motion to in precedence of a motion to insist.-Journals, 1, 23, p. 229; House cannot re- 1, 29, p. 696. "But the House cannot recede from or insist on its am sist on its own amendment with an amendment. * takes precedence sist. cede from or in endment with * * amendment, but They may modify an amendment from the other house by in may amend other house's am- grafting an amendment on it.”—Manual, p. 122. endment. Motion to amend an amendment amend the ment to its amendment. "A motion to amend an amendment from the other house of other house. takes precedence of a motion to agree or disagree. A bill One house may originating in one house is passed by the other with an other's amend amendment. The originating house agrees to their amendment with an amendment. The other may agree to their amendment with an amendment, that being only in the second and not the third degree; for, as to the amending house, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to.”—Ibid., p. 123. Two conferences at least before adherence. adhere in "In the ordinary parliamentary course there are two free conferences, at least, before an adherence."-Manual, p. 122; Journals, 1, 34, p. 943; 1, 35, p. 1136. Although either But House may house is free to pass over the term of insisting and to adhere instance; but in the first instance; but it is not respectful to the other.takes precedence. Manual, p. 122. A motion to insist, however, takes precedence of a motion to adhere.-Journal, 1, 34, p. 1516 to 1518. (See CONFERENCE COMMITTEES.) motion to insist After adherence by one house. After one house has adhered, the other may recedeJournals, 1, 1, pp. 113, 114; 1, 2, p. 152; 1, 8, pp. 671, 673 or ask a conference, which may be agreed to by the adhering house.-Journals, 1, 1, pp. 156, 157; 1, 3, pp. 281, 283; 1, 35, pp. 604, 615, 620.--(See ADHERE, MOTION TO.) APPEAL. "A question of order arising out of any other question Question of order must be decided before that question."-Manual, p. 101. arising out of another question. to be decided first. der relative to levancy, &c., sub Questions of order decided by the Speaker shall be "sub- Questions of or ject to an appeal to the House by any two members; on which motions. their reappeal no member shall speak more than once, unless by ject to. leave of the House."-Rule 2. [The questions of order Debate on. herein referred to relate to motions or propositions, their applicability or relevancy, &c.—Note to Rule 2.] But “all incidental questions of order arising after a motion is made When not debatfor the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate."Rule 133. [So, too, under the practice, all questions of order which may arise, pending a question which is not debatable, must be decided without debate.] And "all questions relating to the priority of business to be acted on shall be decided without debate."-Rule 66. able. ber transgressing or indecorum. "If any member, in speaking or otherwise, transgress the In case of memrules of the House, the Speaker shall, or any member may, rules in speaking call to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but with- Not debatable. out debate."—Rule 61. [The call to order herein referred to has reference only to "transgressions of the rules in speaking," or to indecorum of any kind.] (See ORDER.) point of order sion. table, and its "If any difficulty arises in point of order during the divi- No appeal on sion, the Speaker is to decide peremptorily, subject to the during a divifuture censure of the House, if irregular."-Manual, p. 118. An appeal may be laid on the table--Journal, 1, 26, p. May be laid on 529-and being laid on the table does not carry with it the effect. whole subject.-Ibid., p. 530. [Of late years this motion is almost invariably made in case of an appeal, and, if carried, its effect is considered equivalent to a vote sustaining the decision of the Chair.] to raise question It is too late to renew a question of order on the admissi- Where too late bility of a proposition which has been overruled on the pre- of order. ceding day, where debate has been allowed to progress on eided on cannot such proposition.-Journal, 1, 30, p. 989. And it is also too late to raise a question of order on a motion entertained without objection on a former day, and entered on the Jour nal.-Ibid., 2, 30, p. 382. Question just de- A question of order just decided on appeal cannot be be renewed. renewed, even upon the suggestion of additional reasons.Ibid., 1, 32, p. 935. vote Where too late to Pending the elec tion of Speaker, Where an appeal has been decided, and by virtue of such decision a bill taken up and passed, it is too late to move a reconsideration of the vote on the appeal. Ibid., 1, 31, pp. 860, 861. Pending the election of a Speaker, the Clerk shall decide Clerk to decide all questions of order that may arise, subject to appeal to the House.-Rule 146. questions of or der. Not in order An appeal is not in order while another appeal is pending. pending -Cong. Globe, 1, 27, p. 154; 2, 29, p. 290. while another is How questions on stated. Questions of or [The form of stating the question on an appeal is: "Shall the decision of the Chair stand as the judgment of the House?"] "All questions of order shall be noted by the Clerk, with and put at end the decision, and put together at the end of the Journal of der to be noted of Journal. General. when to be reported. "It shall also be the duty of the Committee of Ways and Means, within thirty days after their appointment, at every session of Congress, commencing on the first Monday of December, to report the general appropriation bills-September 14, 1837-for legislative, executive, and judicial expenses; for sundry civil expenses; for consular and diplomatic expenses; for the army; for the navy; for the expenses of the Indian Department; for the payment of invalid and other pensions; for the support of the Military Academy; for fortifications; for the service of the Post Office Department, and for mail transportation by ocean steamers; or, in failure General, may be thereof, the reasons of such failure. And said committee reported at any shall have leave to report said bills (for reference only) at any time."-Rule 77. time. |