amend the other's

amendment.

One house may originating in one house is passed by the other with an amendamendment to its ment. 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 first 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 stance, but motion in the first instance; but it is not respectful to the other— Manual, p. 122. A motion to insist, however, takes precedence of a motion to adhere.-Journal, 1, 34, p. 1516, 1518, (See CONFERENCE COMMITTEES.)

to insist takes precedence.

After adherence by one house.

Question of order

arising out of an

be decided first.

Questions of or

der relative to mo

vancy, &c., subject to.

Debate on.

After one house has adhered, the other may recede—Journals, 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 other question, to must be decided before that question.”—Manual, p. 101. Questions of order decided by the Speaker shall be "subtions, their rele-ject to an appeal to the House by any two members; on which appeal no member shall speak more than once, unless by leave of the House."—Rule 2. [The questions of order herein referred to relate to motions or propositions, their applicability or relevancy, &c.-Note to Rule 2.] But "all When not de- incidental questions of order arising after a motion is made for 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.

batable.

In case of mem

ber transgressing

or indecorum.

"If any member, in speaking or otherwise, transgress the rules in speaking rules of the House, the Speaker shall, or any member may, 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

out debate."—Rule 61. [The call to order herein referred Not debatable. to has reference only to "transgressions of the rules in speak

ing," or to indecorum of any kind.]

(See ORDER.)

point of order du

ring a division.

table, and its effect.

"If any difficulty arises in point of order during the divi- No appeal on sion, the Speaker is to decide peremptorily, subject to the future censure of the House, if irregular.”—Manual, p. 118. An appeal may be laid on the table—Journal, 1, 26, p. 529- May be laid on and being laid on the table does not carry with it the whole subject. lbid., 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 of

It is too late to renew a question of order on the admissibility Where too late of a proposition which has been overruled on the preceding order day, where debate has been allowed to progress on 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 Journal.-Ibid., 2, 30, p. 382; 1, 38, p. 538.

eided on cannot be

A question of order just decided on appeal cannot be renewed, Question just deeven upon the suggestion of additional reasons.-Ibid., 1, 32, p. 935.

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.

renewed.

Where too late

to reconsider vote

on appeal.

tion of Speaker,

questions of order.

while another is pending.

Pending the election of a Speaker, the Clerk shall decidePending the elecall questions of order that may arise, subject to appeal to the Clerk to decide House.-Rule 146. An appeal is not in order while another appeal is pending. Not in order -Cong. Globe, 1, 27, p. 154; 2, 29, p. 290. [The form of stating the question on an appeal is: "Shall How questions the decision of the Chair stand as the judgment of the House?"] All questions of order shall be noted by the Clerk, with, Questions of orthe decision, and put together at the end of the Journal of put at end of Jourevery session."—Rule 15.

on stated.

der to be noted and

nal.

APPROPRIATION BILLS.

be reported.

It shall be the duty of the Committee on Appropria- General, when to tions, 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 shall have leave to report said bills (for reference only) at Amount of ap- any time. In all cases where appropriations cannot be made propriations in, must be stated. specific in amount the maximum to be expended shall be stated, and each appropriation bill when reported from the committee shall, in the concluding clause, state the sum total of all the items contained in said bill."—Rule 77.

reported at any

time.

Appropriations for carrying out

included in.

"In preparing bills of appropriation for other objects, the treaties not to be Committee on Appropriations shall not include appropriations for carrying into effect treaties made by the United States; and when an appropriation bill shall be referred to them for their consideration which contains appropriations for carrying a treaty into effect, and for other objects, they shall propose such amendments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropriations for other objects."-Rule 76.

But where committed cannot be

But where a general appropriation bill containing an item ruled out of order. for carrying out a treaty has been committed by the House, it cannot be ruled out of order by the Committee of the Whole.--Cong. Globe, 2, 31, pp. 356, 357.

general.

Amendment to "No appropriation shall be reported in such general appropriation bills, or be in order as an amendment thereto, for any expenditure not previously authorized by law, unless in continuations 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, [It has been decided that under this rule it is not in order to propose an amendment to a general appropriation bill, which changes an existing law.-Journal 1, 38, pp. 598, 599. But it was also decided that the latter branch of the rule not only permitted amendments increasing salaries, but was framed for that very purpose.-See Cong. Globe, vol. 54, pp. 306, 325-also, Gong. Globe, vol. 6, p. 224.]

[This rule is rigidly enforced, so far as relates to amendments offered in the House or in committee, but it not unfrequently happens that bills are reported which are in conflict with it; and as they are usually received by the House and committed without being read in extenso, the conflict is not discovered until they are considered in committee, when it is too late to make the point.]

touching to be first discussed in Committee of the

"All proceedings touching appropriations of money shall All proceedings be first discussed in a Committee of the Whole House." Rule 112. [The construction given to this rule is, that all Whole. bills, or amendments thereto, containing an appropriation of money must be committed to a Committee of the Whole before being considered in the House; hence, if such a bill, on its engrossment, or third reading, or such an amendment, be pending before the House, and no motion is made to commit or postpone, the House must pass from its consideration, and the bill go to the Speaker's table. But House bills with Senate amendments reducing the amount of, or restricting appropriations, need not be committed.]

not be committed

When point of

order on, cannot

well taken.

But a bill directing the disbursement of money already Bills which need appropriated―Journal, 1, 24, p. 254—or directing payment as. of money hereafter to be appropriated-Journal, 1, 31, p. 1216; 1, 38, p. 538—need not be committed. Neither is it necessary that a bill containing an appropriation of lands should be committed.-Journal, 1, 30, p, 526. And when the rules have been suspended for the purpose of enabling the be report of a measure to be made, and also for its consideration, a point of order that it contains an appropriation cannot be well taken.-Journal, 1, 34, pp. 1172, 1173. "General appropriation bills shall be in order in pre- to general, in the ference to any other bills of a public nature, unless otherwise House. ordered by a majority of the House. And the House may, General, may be at any time, by a vote of a majority of the members present, at any time. make any of the general appropriation bills a special order.” Rule 119.

Preference given

made special order

Whole.

of the

And in Committee of the Whole House on the state of the Preference given to general, in ComUnion, general appropriation bills, and, in time of war, mittee bills for raising men and money, and bills concerning a treaty of peace, shall be preferred to all other bills, at the discretion of the committee; and when demanded by any member, the question (of consideration) shall first be put in

Clauses of, to be treated as sections.

Division of the question on, for

ments.

regard to them."-Rule 114. [Existing special orders, however, (being made under a suspension of the rules,) take precedence of all other business.]

[In the consideration of general appropriation bills the clauses are invariably treated as sections in other bills.]

"Upon the engrossment of any bill making appropriations internal improve- of money for works of internal improvement of any kind or description, it shall be in the power of any member to call for a division of the question, so as to take a separate vote of the House upon each item of improvement or appropriation contained in said bill, or upon such items separately, and others collectively, as the members making the call may specify; and if one-fifth of the members present second said call, it shall be the duty of the Speaker to make such divisions of the question, and put them to vote accordingly."-Rule 121.

Its number, and when appointed.

Duties of.

APPROPRIATIONS, COMMITTEE ON.

This Committee, to consist of nine members, is directed to be appointed at the commencement of each Congress.—Rule 74. Its duty shall be to take into consideration all executive communications, and such other propositions in regard to carrying on the several departments of the government, as may be presented and referred to them by the House. In preparing bills of appropriations for other objects, the said committee shall not include appropriations for carrying into effect treaties made by the United States; and where an appropriation bill shall be referred to them for their consideration, which contains appropriations for carrying a treaty into effect and for other objects, they shall propose such amendments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropriations for other objects. -Rule 76.

It shall also be the duty of the said committee, 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