DIGEST

OF THE

RULES AND PRACTICE OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.

THIRTEENTH EDITION.

Second Session, Fifty-first Congress.

Compiled by HENRY H. SMITH, Journal Clerk, House of Representatives, under the act of March 3, 1877, and printed under the resolution of the House of October 1, 1890.

ABSENCE FROM THE HOUSE.

(See CALL OF THE HOUSE.)

Prohibited except with leave or from inability to attend.— RULE VIII, clause 1.

Less than a quorum may compel attendance.—Const., 1, 5, p. 5.

2.

Fifteen members may compel attendance.-RULE XV, clause

Deduction from compensation for, and further deduction from compensation for, without leave.-R. S., secs. 40, 41.

A resolution (or motion) revoking leaves of absence heretofore granted does not require a quorum, being a proceeding to compel the attendance of absent members.-Journal, 1, 48, p. 621.

While there never has been a rule or authoritative ruling on the subject, it has generally been the practice to treat an "indefinite leave of absence" as terminated upon the reappearance of the member in the House.

During a call of the House a motion revoking leaves of absence is in order.—Journal, 1, 50, p. 1571.

During a call of the House a motion granting a member leave of absence is not in order. Only motions to excuse members from present attendance are in order.-Record, Jan. 3, 1889, 2, 50, p. 512.

The rule does not require either that the names of absentees or members not voting on a roll-call shall be entered on the Journal or read to the House.-Journal, 1, 51, p. 1028.

ABSENCE FROM COMMITTEES OF THE WHOLE.

When without quorum by reason of, roll to be called.-RULE XXIII, clause 2.

When the roll-call is finished, under the usual practice, the chairman immediately vacates the chair and reports to the Speaker as absentees the members who failed to answer to their names. Although the practice varies as to the time of reporting the absentees, it would seem that the mode prescribed by RULE XV, clause 2, was the proper one to pursue, i. e., the roll to be called and absentees noted, after which the names of the absentees should be called over, and the same reported to the House and entered on the Journal. In this case there is no "second call of the roll," as in the case of a yeaand-nay vote, but members not answering when their names are called are marked as absent.

ACCOUNTS, COMMITTEE ON.

For number and duties of.-RULE X and RULE XI, clause 4. The Committee on Accounts was first constituted a select committee on the 7th of November, 1804 (Eighth Congress), and was made a standing committee December 17, 1805.

Under numerous decisions it has become the established practice that reports from the Committee on Accounts authorizing payments out of the contingent fund are not subject to the requirements of clause 3, RULE XXIII, viz, that such propositions must receive their first consideration in a Committee of the Whole House. Such reports are therefore privileged for consideration when made.

No payments shall be made from the contingent fund of the Senate unless sanctioned by the Committee to Audit and Control the Contingent Expenses of the Senate, or from the contingent fund of the House of Repre

sentatives unless sanctioned by the Committee on Accounts of the House of Representatives; and payments made upon vouchers approved by the respective committees shall be deemed, held, and taken, and are hereby declared to be conclusive upon all the Departments and officers of the Government. Stat. at Large, vol. 24, p. 596.

ACCOUNTS FOR PAY AND MILEAGE.

(See COMPENSATION.)

ACTS AND ADDRESSES.

(See RULE I, clause 4.)

ADHERE, MOTION TO.

The questions respecting amendments from another house are. 1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhere Manual, p. 134-and take precedence in that order.— Journals, 1, 23, p. 229; 1, 34, pp. 1516 to 1518.

A conference may take place after a vote of adherence by one house.-Journals, 1, 3, pp. 281, 283; 2, 3, p. 251; 1, 34, pp. 1600, 1602; 1, 35, pp. 604, 615, 620; Senate Journal, Jan. 20, 1834; Manual, p. 136.

(See AMENDMENTS BETWEEN THE TWO HOUSES AND CON. FERENCE COMMITTEE.)

ADJOURN, MOTION TO.

When a question is under debate, no motion shall be received but to adjourn which shall be decided without de

bate."-RULE XVI, clause 4.

When less than a quorum is present, no motion can be entertained except to adjourn or for a call of the House.-Journal, 1, 29, p. 356; Const., 1, 5, 5.

The motion to adjourn would of course, under such circumstances, take precedence.

See ruling of Speaker Reed, refusing to entertain a motion to adjourn on the ground of its being a dilatory motion.-Journal, 1, 51, p. 181.

Only one motion to adjourn can be entertained pending a motion to suspend the rules.-RULE XVI, clause 8.

But where a quorum fails to vote on a motion to suspend the rules, it would seem that but two motions are in order, viz, for a call of the House or to adjourn.-Journals, 1, 29, p. 536; 2, 29, p. 343; 2, 32, p. 388. See also proceedings and decisions. on March 20, 1882.-Journal, 1, 47, pp. 865-866, 869, 871.

The later practice of the House has been in conformity with these decisions.

A motion for adjournment can not be made while another member is speaking."-Manual, p. 136.

A member speaking may yield for a motion to adjourn or that the committee rise, without losing his right to the floor when the subject is resumed.

"Nor can a motion to adjourn be received after another question is actually put, and while the House is actually engaged in voting."-Manual, p. 136.

"The presentation of a conference report takes precedence of a motion to adjourn."-Journal, 1, 51, p. 822.

A conference report, when submitted, remains a privileged question until disposed of, but is subject to a motion to adjourn. Journal, 1, 51, p. 904.

A motion to adjourn may be made after the House has voted affirmatively on the motion to go into Committee of the Whole, but it must be submitted before the Speaker has announced the result of the first motion and vacated the chair.-Journal, 1, 47, p. 609. See also decision of Speaker Carlisle, Journal 2, 49, p.384. "A motion to adjourn simply can not be amended, as by adding to a particular day,' but must be simply that this House do now adjourn'; and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolution that at its rising it will adjourn to a particular day,' and then the House is adjourned to that day."-Manual, p. 183.

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A motion to reconsider the vote by which the House refused to adjourn is not in order.-Journal, 2, 45, p. 139.

A motion to adjourn may be repeated, although no question has been put or decided since the former motion.-Journal, 1, 23, p. 651-but there must have been some intervening business.-Ibid., 1, 31, 1092.

Another motion submitted, progress in debate, or reading a paper, by the Clerk, an order for the yeas and nays, etc., has been considered such "intervening business" as will authorize the repetition of the motion to adjourn.

A motion to adjourn over can not be repeated unless there has been "intervening business," and the motion to adjourn is not such business.-Journal, 2, 48, p. 428; 1, 50, p. 1461.