dent correct?" Yeas 20, nays 28. So the decision was not sustained ate decides not necessary for a resolution to lie over one day. Globe, pp. 366, 367, 381, 382.)

(

7. CAN NOT BE TAKEN FROM THE, BY ASKING A PARLIAM INQUIRY, AND THEN MAKE ANY MOTION.

60th Cong., 1st sess.; J., p. 511.]

MAY 29,

During the consideration of the conference report on H. R. 21871 “ the national banking laws," Mr. La Follette raised a question as to the of a quorum.

Mr. Aldrich raised a question of order, viz, that a Senator must t possession of the floor, and that he can not take the floor by asking a parliamentary inquiry and then make any motion.

The Vice-President (Mr. Fairbanks) sustained the question of ord La Follette appealed.

Mr. Aldrich moved to lay the appeal on the table, and on a division t were 32, nays 14, no quorum voting.

The Vice-President (Mr. Fairbanks) counted the Senate and announc a quorum was present, and so the motion prevailed. (See Cong. Reco 7158, 7159.)

8. CLERKS TO SENATORS WHEN NOT IN ACTUAL DISCHARG THEIR DUTIES, NOT ENTITLED TO PRIVILEGES OF THE. 60th Cong., 1st sess.]

MAY 29, 19

The report of the Committee of Conference on H. R. 21871 "to amen national banking laws" being under consideration,

Mr. Gallinger rose to a point of order that under Rule XXXIII cler Senators, when not in the actual discharge of their duties, were not mitted the privileges of the floor, and that a clerk to a Senator who ha been in the discharge of his official duties has been for two hours cou the Senators in the chamber and reporting to the Senator from Wisconsin asked that the clerk be excluded from the performance of that kind of dut The Vice-President (Mr. Fairbanks). The Chair is of the opinion that u the strict application of the rule relating to clerks, the point raised by Senator from New Hampshire is well taken. (See Cong. Record, p. 7172.)

9. LADIES ADMITTED TO THE.

31st Cong., 1st sess.; J., p. 134.]

On motion by Mr. Foote, and by unanimous consent,

FEBRUARY 6, 1850

Ordered, That the forty-seventh rule of the Senate be suspended dur this day, so far as to authorize the admission of ladies on the floor of Senate. The rule was often suspended for the same purpose. (See Co Globe, p. 301.)

GALLERIES, DISORDER IN.

24th Cong., 2d sess.; J., p. 124.]

JANUARY 16, 1837.

On occasions when some manifestations of approval or disapproval have been made in the galleries, it has been found necessary to clear the whole or a portion of them of spectators, and in one instance, during the discussion of the resolutions to expunge from the Journal the resolution of censure upon President Jackson, an offender was brought to the bar of the Senate under arrest, but immediately discharged.

The question being on the passage of the expunging resolution, disorderly conduct having occurred in the gallery,

On motion by Mr. Benton,

The Sergeant-at-Arms was ordered by the President to take the persons - offending into custody.

The Sergeant-at-Arms reported that he had, in pursuance of the said order, taken a person, represented as having been engaged in the disorderly conduct, into custody.

On motion by Mr. Benton,

That the person represented as having been engaged in disorderly conduct be forthwith brought to the bar of the Senate,

It was determined in the affirmative; yeas 18, nays 8.

The Sergeant-at-Arms having executed the aforesaid order,

A motion was made by Mr. Benton that the said person, so brought before the bar of the Senate, be discharged from the custody of the Sergeant-at-Arms, And it was determined in the affirmative; yeas 23, nays 1.

So the person brought to the bar was discharged from custody. (See Cong. Globe, pp. 98, 99.)

NOTE. Numerous instances are found in the Journals where the galleries have been cleared of disorderly persons, and where the Sergeant-at-Arms has been instructed to arrest the offenders.

363

HOLIDAY RECESS.

CONCURRENT RESOLUTION FOR ADJOURNMENT OVER THE, NEED NOT LIE OVER ONE DAY.

43d Cong., 1st sess.; J., p. 88.]

DECEMBER 18, 1873.

The President pro tempore laid before the Senate the following resolution, received this day from the House of Representatives:

Resolved, That when the two Houses adjourn on Friday, the 19th instant, they shall stand adjourned until Monday, the 5th of January next.

Mr. Edmunds objected to its consideration this day, and made the point of order that, being objected to under the 26th rule of the Senate, the resolution must lie over one day for consideration.

The President pro tempore (Matt H. Carpenter) overruled the point of order raised by Mr. Edmunds, on the ground that the 26th rule applied only to resolutions of the Senate; but that in the present case, being a resolution of the House of Representatives sent to the Senate for its concurrence, and having been laid before the Senate by the Chair, it was for the Senate to make of it what disposition it thought proper. (See Cong. Record, p. 302.)

364

HOUSE BILLS.

onsideration of, the same day received from the House. onsideration of, on the calendar, ruled out of order.

ONSIDERATION OF, THE SAME DAY RECEIVED FROM THE HOUSE. 5th Cong., 2d sess.; J., pp. 774, 775.]

JUNE 19, 1878.

a motion by Mr. Voorhees that the Senate proceed to the consideration of to authorize the payment of customs duties in legal-tender notes, this day ved from the House of Representatives, Mr. Conkling raised a point of r, viz, that the bill, having been this day received from the House, could under the eighth rule, unless by unanimous consent, be presented to the te for its consideration until the call of the regular business of the mornhour to-morrow.

he President pro tempore (Mr. Ferry) decided that it was competent for Senate to determine whether it could proceed to the consideration of the on this day. From this decision Mr. Conkling appealed to the Senate, and he question, Shall the decision of the Chair stand as the judgment of the te? it was determined in the affirmative; yeas 33, nays 12. (See Cong. ord, pp. 4848, 4851.)

CONSIDERATION OF, ON THE CALENDAR, RULED OUT OF ORDER. 9th Cong., 1st sess.; J., p. 1224.] AUGUST 2, 1886.

he resolution of Mr. Beck to proceed to the consideration of House bills on calendar under Rule 8, and the resolution of Mr. Edmunds relative to conration of business on the calendar under the same rule.

r. Miller raised a question of order that the resolutions would operate as a ge in the standing rules, and that proper notice had not been given under fortieth rule, and the President pro tempore (Mr. Sherman) sustained the t of order. (See Cong. Record, pp. 7846, 7847.)

imilar decision February 23, 1887. (49th Cong., 2d sess.; J., p. 410; Cong. ord, p. 2103.

365

HOUSE OF REPRESENTATIVES.

I. In order to refer to proceedings in.

2. Not in order to refer to proceedings in.

3. Using indecent language against proceedings of.

4. Senator given the privilege for indulging in language disrespectfu

5. Reflections on, not permitted.

6. Business transacted in Senate before organization of.

7. Reception of messages from the, without a quorum.

8. Prerogatives of.

1. IN ORDER TO REFER TO PROCEEDINGS IN.

JEFFERSON'S MANUAL, Section XVII, order in debate, page 96, we have It is a breach of order in debate to notice what has been said on th subject in the other House, or the particular votes or majorities on it because the opinion of each House should be left to its own indeper not to be influenced by the proceedings of the other; and the quoting might beget reflections leading to a misunderstanding between the two I FEBRUARY 28, 18

47th Cong., 2d sess.; J., p. 439.]

The President pro tempore (Mr. David Davis) decided that it was order to refer to any action had in the House of Representatives upo question not officially communicated to the Senate; and the Senate refus lay an appeal on the table; yeas 24, nays 26. The question of order was withdrawn. 3371.)

(See Cong. Record, pp. 3368,

2. NOT IN ORDER TO REFER TO PROCEEDINGS OF THE OTHER HO 53d Cong., 2d sess.; J., p. 166.] APRIL 25, 189

Mr. Dolph, while addressing the Senate, proceeded to read an extract a speech delivered in the House of Representatives upon the pending bill. Gray raised a question of order, that it was not in order to quote and com upon a speech made during the same Congress by a Member of the other H upon the same bill. The Vice-President (Mr. Stevenson) sustained the poin order and decided that it was out of order in debate to notice what had b said on the same subject in the other House upon the bill.

An appeal from the decision was laid on the table; yeas 43, nays 2. ( Cong. Record, pp. 4081-4082.)

3. AGAINST USING INDECENT LANGUAGE AGAINST PROCEEDINGS ( JEFFERSON'S MANUAL, same section and subject, on page 93, says: "No pers is to use indecent language against the proceedings of the House; no pri