Mr. Morgan objected to the consideration of the resolution and raised a point of order, viz, that objection having been made, the resolution, under clause 5, Rule 14, must lie over one day for consideration. The Vice-President overruled the question of order and decided that the resolution which provided for an adjournment of Congress was a question of privilege, and that the provision of Rule 14 was not applicable thereto. From the decision of the Chair Mr. Allen appealed to the Senate; when, on motion by Mr. Aldrich that the appeal lie on the table, it was determined in the affirmative; yeas 36, nays 20. So the appeal was laid on the table. (See Cong. Record, 55th Cong., 1st sess., pp. 2940-2947.) 13. PRESIDENT NEED NOT SIGN CONCURRENT RESOLUTION FOR. Clause 3, section 7 of Article I, of the Constitution reads: "Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him," etc. 14. WHEN BUSINESS IS CARRIED OVER ON. Upon the adjournment of the first or any subsequent session of a Congress, the business of the Senate undisposed of is carried over to the next succeeding session of that Congress, to be taken up, considered, or disposed of the same as though no adjournment had taken place. Rule XXXII of the Standing Rules of the Senate states this in another way. It reads in part as follows: "At the second or any subsequent session of a Congress, the legislative business of the Senate which remained undetermined at the close of the next preceding session of that Congress shall be resumed and proceeded with in the same manner as if no adjournment of the Senate had taken place." (Jefferson's Manual, Sec. LI.) 15. UNREPORTED PAPERS, ON. On the adjournment of a first or subsequent session of a Congress all papers referred to committees of the Senate and not reported upon must be returned to the office of the Secretary of the Senate, to be retained by him in the files until the next succeeding session of that Congress, when they are returned to the respective committees formerly in possession of them. 1 XXXII; Jefferson's Manual, Sec. LI.) (Senate Rule 16. REPEATING MOTION FOR, NO BUSINESS INTERVENING. By the practice in the House of Representatives, there must be intervening business before a motion to adjourn may be repeated. (Hinds' Precedents, sec. 1496.) Hatsell states the practice in the British House of Commons as follows: "The question of adjournment may be moved repeatedly upon the same day, but not without some intermediate question being proposed after one motion to adjourn is disposed of and before the next motion is made for adjourning. (Hatsell, vol. 2, p. 109, note.) in the Senate has been different. In the House it has been held that a motion to adjourn is not of itself such intervening business as to allow the repetition of a motion to fix the day to which the House shall adjourn. (Hinds' Precedents, sec. 1501.) The practice For a notable example where these motions have been offered and entertained in the Senate, one following the other repeatedly, and without other intervening business, see 32d Cong., 2d sess.; J., pp. 351, 352. (Thursday, Mar. 24, 1853.) 35th Cong., 1st sess.; J., p. 261.] MARCH 15, 1858. The Senate had just voted upon a motion to adjourn, the vote disclosing the want of a quorum. Immediately another motion to adjourn was made. The President (Mr. Slidell in the chair) decided that this motion was not in order. From this decision Mr. Fessenden appealed. The appeal was tabled by a vote of 20 yeas to 9 nays. (See Cong. Globe, appendix, p. 116.) 42d Cong., 2d sess.] APRIL 20, 1872. The bill (H. R. 174) “repealing the duty on tea and coffee," being under consideration, a call of the Senate was had, followed by a motion to adjourn, which was not agreed to. Without debate, another motion to adjourn was made, which the Presiding Officer (Mr. Ferry, of Michigan) ruled out of order, “no business having intervened." Discussion having taken place, on a third motion to adjourn, objection was made. The Presiding Officer (Mr. Ferry, of Michigan) said: "There was discussion that intervened, and therefore business of the Senate." (See Cong. Globe, p. 2627.) NOTE. These decisions are not set out in the journals, and are found only in the Congressional Globe, as indicated. 60th Cong., 1st sess.; J., pp. 512-514.] MAY 29, 1908. The Senate resumed the consideration of the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 21817) "to amend the national banking laws." After further debate, Mr. La Follette raised a question as to the presence of a quorum; whereupon the Vice-President directed the roll to be called; When fifty-two Senators answered to their names, A quorum being present. After further debate, Mr. La Follette raised a question as to the presence of a quorum; whereupon the Presiding Officer (Mr. Bacon in the chair) directed the roll to be called; when fifty-two Senators answered to their names, A quroum being present. After further debate, Mr. La Follette raised a question as to the presence of a quorum; [This entry, in like terms, is recorded in the Journal of May 29, fifteen times, and, in addition, while Mr. La Follette occupied the floor, but yielded for the purpose, Mr. Stone and Mr. Gore each raised the question twice. After the eighteenth roll-call, and after further debate-] Mr. La Follette raised a question as to the presence of a quorum. Mr. Aldrich raised a question of order, viz: That a roll call of the Senate having disclosed the presence of a quorum, and no business having intervened, the suggestion of the absence of a quorum is not in order. The Vice-President submitted the question to the Senate: Is the point of order well taken? It was determined in the affirmative, yeas 35, nays 8. So it was declared that the point of order was well taken. After further debate, Mr. La Follette raised a question as to the presence of a quorum. The Vice-President ruled that the question raised had been decided by the Senate and was not in order, no business having intervened since the last roll call of the Senate, which disclosed the presence of a quorum. From the decision of the Chair Mr. La Follette appealed to the Senate. On motion by Mr. Aldrich to lay the appeal on the table, Mr. La Follette demanded a division of the Senate. The yeas were 33 and the nays were 8. [When the result was announced, Mr. Aldrich asked for the yeas and nays,] And it was determined in the affirmative, yeas 35, nays 13. So the appeal of Mr. La Follette from the decision of the Chair was laid on the table. 17. MUST BE AN, BEFORE LEGISLATIVE DAY TERMINATES. In the practice of the Senate there must be an adjournment before the legislative day terminates. Legislative days in the Senate have extended over three and four calendar days in numerous instances, and in the House of Representatives a single legislative day has extended over twenty calendar days. It follows from this that an adjournment does not take place by reason of the arrival of the time for the regular daily meeting of the Houses. There is usually no formal adjournment, more than the announcement by the Presiding Officer, and no motion is made for the adjournment of the last legislative day of a Congress. The session of that day terminates (by constitutional limitation) at 12 o'clock meridian, March 4, when the birth of a new Congress takes place. (See J., 31st Cong., 2d sess.; pp. 251, 261.) When it happens, as it does every six years, that the 4th of March falls on Monday, the legislative day of March 3 is entirely eliminated, for should adjournment be had on Saturday, March 2, it must, of necessity, be a final adjournment. The Senate would adjourn "to the next legislative day," and such day would naturally begin on the following Monday at 12 o'clock noon. That legislative day, as has already been shown, is the first day of a new Congress and belongs in no manner to the old. It is generally the custom, where March 2 falls on Saturday, to take one or more recesses, sometimes sitting on Sunday, and always on Monday prior to 12 o'clock noon, such sittings being of the legislative day of Saturday, March 2. 50th Cong., 2d sess., J., pp. 501, 526, 537, 541.] SATURDAY, MARCH 2, 1889. On motion by Mr. Allison, at 6 o'clock and 20 minutes p. m., the Senate took a recess until 8 o'clock and 30 minutes p. m. The Senate reassembled at 8.30 p. m. and transacted business; when, The Senate reassembled at 3 o'clock p. m. and transacted business; when, The Senate resumed at 12 o'clock, midnight, and transacted business; when, The Senate reassembled at 9.30 a. m. and transacted considerable business, and there was no formal adjournment. The President pro tempore (Mr. Ingalls), after remarks, declared the Senate adjourned without day. NOTE. All of the above proceedings were of the legislative day of Saturday, March 2. The special session of the Senate, in conformity with the proclamation of President Cleveland, began immediately thereafter at 12 o'clock noon, the legislative and calendar day of March 4, 1889. For other illustrations see proceedings of March 2, 1895; 53d Cong., 3d sess.; J., page 171 et seq; March 2, 1901; 56th Cong., 2d sess.; J., page 250 et seq. 18. ROLL CALL ORDERED ON, MUST PROCEED. 58th Cong., 2d sess.; J., pp. 198, 200.] On motion by Mr. Hale, FEBRUARY 26, 1904. The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 2263) to require the employment of vessels of the United States for public purposes; " and the reported amendment having been agreed to, and the bill further amended on the motion of Mr. McCumber, and the motion of Mr. Allison, A further amendment having been proposed by Mr. Daniel, After debate, on motion by Mr. Carmack, to recommit the bill to the Committee on Commerce, the yeas were 12 and the nays were 30. On motion by Mr. Teller, The yeas and nays being desired by one-fifth of the Senators present, The number of Senators voting not constituting a quorum, the Presiding Officer (Mr. Gallinger in the chair), directed the roll to be called; when 48 Senators answered to their names. A quorum being present, on motion by Mr. Hale, On motion by Mr. Hale, at 4 o'clock and 17 minutes p. m., the Senate adjourned. On the following day, February 27, on motion by Mr. Hale, the Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 2263), The question being on the motion of Mr. Carmack to recommit the bill to the Committee on Commerce, the President pro tempore (Mr. Frye) held that the roll call should be immediately resumed, without debate or other intervening business. The roll was called and the question was determined in the negative, yeas 19, nays 39. The yeas and nays having been heretofore ordered, [The names are omitted.] So the motion was not agreed to. (See Cong. Record, 58th Cong., 2d sess., pp. 2418, 2419, 2457.) 19. GENERAL OBSERVATIONS ON. In the House of Representatives, the absence of a quorum being disclosed, a motion to fix the day to which the House shall adjourn is not in order, and may not be entertained, although a quorum is disclosed on an affirmative vote on a motion to adjourn. (Hinds' Precedents, sec. 262.) The Senate has sometimes adjourned to serve the personal convenience of its Members. Upon the announcement of the death of a Senator it is customary for the body to adjourn immediately out of respect to the memory of the deceased. During the first session of the Fifteenth Congress (January 15, 1818) the following resolution was agreed to: "Resolved, That when the Senate adjourn, it adjourn until Monday next, for the purpose of having the necessary repairs made in their Chamber to render it safe for their accommodation." (J., p. 91.) On December 12, 1823, the Senate adopted an order: "That, whenever an adjournment takes place on Friday, it be to the Monday following, until otherwise ordered. (18th Cong., 1st sess.; J., p. 37.) This order was rescinded on April 16, following. (Ib., p. 301.) When the two Houses adjourn for more than three days, and not to or beyond the period fixed by the Constitution or law for the beginning of the next regular session, the session is not thereby terminated, but continues to be the same session of that particular Congress until an adjournment without day, or until the time arrives for the beginning of the next regular session. As an example: During the first session of the Thirty-ninth Congress, December 20, 1865, the two Houses agreed to a concurrent resolution "that when the two Houses adjourn on Thursday, the 21st instant, they adjourn to met on Friday, January 5, 1866." On the 21st of December the Houses adjourned, and on January 5 they reassembled, it still being the first sesion of the Thirty-ninth Congress. While there is no rule of the Senate touching the question, it is the practice of the journal clerk and of the executive clerk to note upon their respective journals the exact time, as near as may be, at which the Senate adjourns each day. Rule XVI, section 5, of the House rules reads: The hour at which the House adjourns shall be entered on the journal." |