15. AN AMENDMENT AFFIRMING PRINCIPLES MERELY, TO A RESOLUTION DECLARING A SENATOR ENTITLED TO RETAIN HIS SEAT, NOT IN ORDER.

52d Cong., 1st sess.; J., pp. 135, 136.]

MARCH 3, 1892.

A resolution declaring Fred T. Dubois entitled to retain the seat occupied by him as a Senator from the State of Idaho was pending; an amendment was submitted to strike out all after the word "resolved" and inserting, "That the vote or other proceeding that constitutes a choice of a Senator of the United States must be had by the legislature of the State in which such Senator is chosen, and until the houses of such legislature have met and organized as legislative bodies they can not choose a Senator of the United States," etc. A question of order was raised that the amendment is simply a declaration of principles and decides nothing; that it is offered as a substitute for a resolution which relates to a question of the highest privilege, namely, whether the sitting member was or was not duly elected a Senator from the State of Idaho, and that it neither declares the contestant elected nor does it declare there was no election. The question of order being submitted to the Senate. the Senate, by a vote of 9 yeas to 51 nays, decided that the amendment was not in order. (See Cong. Record, pp. 1671-1676.)

16. PENDING CONSIDERATION OF A RESOLUTION FOR THE ADMISSION OF A, A MOTION TO PROCEED TO THE CONSIDERATION OF EXECUTIVE BUSINESS IS IN ORDER.

52d Cong., 2d sess.; J., p. 178; special sess.]

MARCH 29, 1893.

The Vice-President (Mr. Stevenson) decided: That pending the consideration of a resolution for the admission of a Senator, a motion to proceed to the consideration of executive business was in order. (See Cong. Record, special sess., pp. 48, 49.)

17. RESOLUTION TO CORRECT THE JOURNAL TO SHOW PRESENCE OF, MUST LIE OVER ONE DAY ON OBJECTION.

53d Cong., 1st sess.; J., pp. 74-76.]

OCTOBER 16, 1893.

Mr. Dolph submitted an order that names of Senators Allen and Kyle be recorded in connection with the roll call to show their presence, they being present in the Chamber.

Objection to its consideration having been made,

The Presiding Officer (Mr. Faulkner) decided that the order was in the nature of a resolution, and came within the terms of the rule which requires that all resolutions, if objected to, shall lie over one day for consideration.

Ib.]

OCTOBER 17, 1893.

The Journal of yesterday's proceedings having been read, Mr. Dolph asked the present consideration of the order submitted by him yesterday, since it was in effect a proposed amendment of the Journal, and should be disposed of before the approval of the Journal;

When,

The Vice-President (Mr. Stevenson) ruled that the above order was in the nature of a resolution coming over from a previous day, to be laid before the Senate for consideration under the call for "concurrent and other resolutions."

A motion was then made to correct the Journal by recording Mr. Allen as present on the above roll call; which motion was laid on the table; yeas 45, nays 3. (See Cong. Record, pp. 2544-2549, 2575, 2580, 2601, 2629, 2637, 2638.)

18. MAY SIT WHEN SPEAKING.

15th Cong., 1st sess.; J., p. 340.]

APRIL 9, 1818.

It was unanimously agreed to suspend the third rule for conducting business in the Senate, as it respects the honorable, Mr. Dana, of Connecticut, to wit:

"Every Member when he speaks shall address the Chair, standing in his place, and when he has finished he shall sit down."

19. DECLINING TO VOTE, ALTHOUGH SENATE REFUSES TO EXCUSE. 53d Cong., 1st sess.; J., pp. 71-73.] OCTOBER 13, 14, 1893.

Senator may not vote when the Senate refuses to excuse him. Mr. Peffer, while addressing the Senate, sent to the Secretary's desk to have read a memorial of a convention of commercial bodies of the United States, printed by order of the Senate as Mis. Doc. No. 24, Fifty-first Congress, second session.

Mr. Teller objected to the reading of the paper; whereupon the Vice-President (Mr. Stevenson) submitted the question to the determination of the Senate, under Rule XI, "Shall the paper be read, as requested?" Yeas, 39; nays, 30. So it was determined that the paper should be read.

Before announcement of the result of the first vote on reading the paper, Mr. Vilas called the attention of the Chair to the fact the Senator from Idaho, Mr. Dubois, was present and not voting, and asked that under Rule 12 he be required to assign his reasons for declining to vote; whereupon the VicePresident directed the name of Mr. Dubois to be called; and Mr. Dubois having declined to vote and having assigned his reasons therefor, the Vice-President submitted the question to the Senate, "Shall the Senator, for the reasons assigned by him, be excused from voting?"

Mr. Teller raised a question as to the presence of a quorum.

The roll being called showed forty-three Senators present, being a quorum.
On question to excuse Mr. Dubois from voting, the yeas were 5, nays, 24.
No quorum voting, Senate adjourned.

The question being, Shall the Senator from Idaho, Mr. Dubois, for the reasons assigned by him, be excused from voting on the question of the reading of the paper called for by Mr. Peffer?" yeas, 29; nays, 37.

So the Senate refused to excuse the Senator from voting; whereupon the Vice-President (Mr. Stevenson) again directed the name of the Senator to be called, and he again declined to vote. No further action was taken on the refusal of the Senator to vote. (See Cong. Record, pp. 2469-2479, 2509, 2510.) 52850-09-28

SESSIONS.

45th Cong., 1st sess.; J., p. 21.]

Остов

Subjects referred to committees at last session should be re committees at next.

The Senate decided that all subjects referred to committees an upon at the close of the last preceding session of the Senate in M returned to the office of the Secretary of the Senate, should be r several committees to which they had been previously referred Record, pp. 107, 108.)

SIGNING OF BILLS.

SIGNATURE TO BILLS AND JOINT RESOLUTIONS BY PRES THE SENATE, NO QUORUM BEING PRESENT. 25th Cong., 3d sess.]

MARCH 3

Papers King, of present, rum was

Joint resolution for distribution in part of the Madiso sented for signature of the President of the Senate (W. R it being past midnight on 3d of March, 1839, and no que dent first ruled he could not sign the resolution when a ent, and so stated to the Senate. (See Cong. Globe, p. 232.) On further consideration and consulting the rules, the President pro said he was of the opinion that it did not require a q im to be p authorize the signing of a bill or joint resolution. It was not properl of legislation, but merely a signing to be done by the Chair to authenti act. Holding this opinion, the Chair signed the resolution. (See Cong p. 233.)

SINE DIE. (See ADJOURNMENT.)

434

"PECIAL ORDERS.

RULE X.-Special orders.

y subject may, by a vote of two-thirds of the Senators present, be made al order; and when the time so fixed for its consideration arrives the ng Officer shall lay it before the Senate, unless there be unfinished busiI the preceding day, and if it is not finally disposed of on that day it ake its place on the Calendar of Special Orders in the order of time at it was made special, unless it shall become by adjournment the unfinbusiness.

hen two or more special orders have been made for the same time, they ave precedence according to the order in which they were severally asand that order shall only be changed by direction of the Senate.

all motions to change such order, or to proceed to the consideration of business, shall be decided without debate. (Jefferson's Manual, Secs. , XXXIII.)

n postponing consideration of.

hall be called at 1 o'clock.

ay be supe eded.

alls for the execution of existing orders are privileged motions, and supersede.

iscussion on port on a memorial relating to Senators has precedence

over.

Infinished business has precedence of.

Private Calend

as.

when assigned to any particular day is to be treated

Called up when reading a report.

leed not lie over one day.

May be postponed without naming a day.

May not be postponed.

May be postponed by a majority vote, although it requires a two-thirds vote to make subjects.

Bills reached on the Calendar, and on objection going over, can be made. Supersede unfinished business when the latter has been displaced by a motion.

N POSTPONING CONSIDERATION OF.

5th Cong., 1st sess.; J., pp. 179, 180.]

FEBRUARY 10, 1858.

r. Douglas moved that the Senate proceed to the consideration of certain lutions submitted by him on the 4th instant; and, while addressing the

Senate on the subject, the hour arrived for the consideration of a special order of the day.

Mr. Douglas thereupon moved that the special order of the day be postponed for the purpose of considering the resolutions he had submitted, and was proceeding in remarks on the subject of his motion, when

Mr. Davis raised a question of order.

The Vice-President (Mr. Breckenridge) decided that the remarks of the Senator from Illinois appearing to be directed to the merits of the resolutions, rather than to the question of priority of business, were not in order.

2. SHALL BE CALLED AT 1 O'CLOCK.

35th Cong., 1st sess.; J., pp. 191, 192.]

FEBRUARY 16, 1858.

All special orders, if not finally disposed of on the day to which they were assigned, shall afterwards be called at 1 o'clock, without regard to the hour first fixed for their consideration. (See Cong. Globe, p. 717.)

Ib.; J., p. 431.]

MAY 10, 1858. The Vice-President submitted for the decision of the Senate, whether, the time of daily meeting of the Senate being recently fixed at 11 o'clock, the spe cial order of the day should be called one hour after the meeting of the Senate or at 1 o'clock; and

The Senate decided that the special orders be called one hour after the daily meeting of the Senate.

3. MAY BE SUPERSEDED.

35th Cong., 1st sess.; J., pp. 377, 378.]

APRIL 23, 1858.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 46) "to grant the right of preemption in certain lands to the Indiana Yearly Meeting of the Society of Friends"; and,

After debate,

On motion by Mr. Hunter, that the further consideration of the bill be postponed, for the purpose of considering the bill (H. R. 306) "to supply deficiencies in the appropriations for the service of the fiscal year ending the 30th June, 1858."

Mr. Iverson raised a question of order, whether the motion of Mr. Hunter, superseding the existing order of the Senate, assigning Friday of each week for the consideration of private bills, was in order?

The President pro tempore (Mr. Biggs in the chair) decided that the motion of Mr. Hunter was in order.

From this decision Mr. Iverson appealed; and on the question, "Shall the decision of the Chair stand as the judgment of the Senate?"

It was determined in the affirmative; yeas, 26, nays, 23. (See Cong. Globe, pp. 1748-1750.)

4. CALLS FOR EXECUTION OF EXISTING ORDERS ARE PRIVILEGED MOTIONS, AND SUPERSEDE.

35th Cong., 1st sess.; J., p. 320.]

APRIL 6, 1858.

A call for the execution of an existing order of the Senate held to be a privileged motion and to supersede a special order. (See Cong. Globe, p. 1480.)