late, under the practice, to make the point of "no quorum.”— Record, 1, 50, p. 5362.

In the absence of a rule or order for appointment of tellers, it is within the discretion of the Chair to appoint (or to refuse to appoint) tellers.-Journal, 1, 51, p. 144.

This decision was made before the adoption of rules, and is in harmony and accordance with common parliamentary law and practice. The provision as to tellers is a special rule in parliamentary and legislative bodies in this country. In the House of Commons, says Mr. Hatsfield, "it is an unparliamentary proceeding to divide the House for the sake of a division only. The House should be divided only when the Speaker's determination upon the voice was wrong or doubtful, and thought to be so by the member calling for a division, as the words then used imply." (2 Hats., 141, note.) The decision of the Speaker must be questioned immediately, before any new motion is made or other parliamentary proceeding commenced.--Scob., 24; 2 Hats., 140, 194, note, and Hans. (3), 17,

194.

A demand for tellers is not precluded by the count of the House by the Speaker.-Journal, 1, 51, p. 529.

See ruling of Speaker Reed as to a count by tellers on a motion to suspend the rules under RULE XXVIII.—Journal, 1, 51, p. 243.

TERRITORIES, COMMITTEE ON THE.

When appointed, number of.-RULE X.

One Delegate to be added to.-RULE XII.

Duties of.-RULE XI, clause 17.

This committee was created on the 13th of December, 1825 (1st sess. 19th Congress).

TESTIMONY.

By the act of February 3, 1879, provision was made for the taking of testimony to be used before Congress in cases of private claims against the United States.-Statutes at Large, Vol. XX, p. 278.

TEXT.

A conference committee can not change the text of a bill to which both houses have agreed.-Journals, 1, 42, pp. 190, 191; 2, 46, pp. 1361, 1435; 1, 47, pp. 1643, 1614.

An amendment proposed to an amendment of the Senate must be germane to that amendment, and can not be held in order on the ground that it is germane to the subject-matter of the pending bill, for the reason that the text of the bill, except as amended by the Senate, is not again open to amendment by the House.-Journals, 1, 48, pp. 1653, 1654; 2, 48, p. 719.

THANKS TO THE SPEAKER.

A resolution of thanks to the Speaker is, under the practice, a privileged question, and is in order at any time.-Journals, 2, 20, p. 388; 1, 23, p. 879.

TIE VOTE.

The Speaker shall not be required to vote in ordinary legisla tive proceedings, except where his vote would be decisive, or where the House is engaged in voting by ballot; and in all cases of a tie vote the question shall be lost.-RULE I, clause 6. A member who has voted with the prevailing side (the negative side according to the foregoing rule) on a tie vote is entitled to move a reconsideration.-Journal, 1, 30, p. 1080. (See RECONSIDERATION.)

UNANIMOUS CONSENT.

See Cong'l Globe, 3, 41, p. 1765, statement of Speaker Blaine as to.

An order made by unanimous consent may be reconsidered like any other proceedings.-Record, 2, 43, p. 1700.

UNFINISHED BUSINESS.

The consideration of the unfinished business in which the House may be engaged in at an adjournment, except business in the morning hour, shall be resumed as soon as the business on the Speaker's table is finished, and at the same time each day thereafter until disposed of, and the consideration of all other unfinished business shall be resumed whenever the class of business to which it belongs shall be in order under the rules.RULE XXIV, clause 3.

All business before committees of the House at the end of one session shall be resumed at the commencement of the next

session of the same Congress in the same manner as if no adjournment had taken place.-RULE XXVII.

The unfinished business at an adjournment, if from a committee having a special assignment of a day to report, must go over to be disposed of on the next day assigned to said committee under the rules.-Journal, 1, 44, p. 860.

All business pending at an adjournment on a day assigned a committee falls with adjournment even though the previous question is ordered thereon.-Journal, 1, 51, p. 567.

This ruling of Speaker Reed was in accordance with that of Speaker Randall, in the Forty-sixth Congress, but, subsequently (see Journal, 1, 51, p. 989), he held that the effect of the previ ous question ordered on a bill on a day specially assigned for its consideration was to bring the House to a vote thereon immediately after the reading of the Journal on the following morning. This was in accordance with the ruling of Speaker Carlisle in the Fiftieth Congress in the Oklahoma bill, which see.-Journal, 1, 50, p. -.

The rule as to unfinished business applies also to Committees of the Whole, except that revenue and general appropriation bills would take precedence over any bill that had been previously considered.-See clause 9, RULE XVI, and clause 4, RULE XXIII.

Business reported from the Committee of the Whole on a previous day must be disposed of before a motion to go into Committee of the Whole can be entertained.-Journal, 1, 51, p. 314.

Under clause 5, RULE XXIV, a motion is in order when authorized by a committee, pending a motion to go into the Committee of the Whole House on the state of the Union, to designate a particular bill to be considered. Such a motion, if adopted, would entitle the bill named to precedence over the "unfinished business" in said committee.

Under the practice of the House, the operation of the previous question has the effect of bringing a proposition pending at the last adjournment immediately before the House after the reading of the Journal on the following day.

In all other cases, except where it has been made a "special order" or is privileged, a proposition pending at an adjourn.

ment goes in to the order of "unfinished business" in the class to which it belongs.

VETO.

Where a bill, having passed both houses, shall be presented to the President of the United States, "if he approve he shall sign it, but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the ob jections at large on their Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objec tions, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each house, respectively. If any bill shall not be returned by the President within ten days (Sunday excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.-Const., 1, 7; 2, 5.

A similar provision is made in the case of orders, resolutions, or votes presented to the President for his approval.-Ibid., 1, 7; 2, 5.

Whenever a bill is returned to the House with the objections of the President, it is usual to have the message containing his objections immediately read-Journals, 1, 28, pp. 1081, 1084; 1, 29, pp. 1209, 1214; 2, 33, pp. 397, 411; 1, 34, p. 1420-and for the House to proceed to the reconsideration of the bill-Ibid.-or to postpone its consideration for a future day-Ibid., 1, 21, p. 742. But not where less than a quorum is present.-Ibid., 1, 33, p. 1341; 3, 34, p. 1841. A veto message and a bill may be referred, or the message alone, and the bill may be laid on the table.-Journal, 2, 27, pp. 1253, 1254, 1256, 1257; Cong. Globe, same sess., p. 875.

The main question in the consideration of a vetoed bill is, "Will the House on reconsideration agree to pass the bill?" -Journals, 2, 27, p. 1051; 1, 28, p. 1085; 1, 29, p. 1218.

The "two thirds" by which a vetoed bill is required to be approved before it becomes a law has been construed in both houses to mean "two-thirds of the members present."-Journal, 1. 34, pp. 1176, 1178, 1420 (in all of which cases one hundred and fifty-six affirmative votes would have been necessary to pass the bills if "two-thirds of the members elected" had been required), and Senate Journal, 1, 34, p. 419.

A motion to proceed to the consideration of a vetoed bill, with the objections of the President, is a privileged question under the Constitution.-Cong. Globe, 2, 27, p. 905; 2, 28, p. 396; Journal, 1, 49, p. 2397.

A vote on the passage of a vetoed bill can not be reconsidered.-Cong. Globe, 1, 28, pp. 672, 677; Journal, same sess., p. 1093-1098.

A motion to discharge a committee from the further consid eration of a veto message is a privileged question.—Journal, 1, 49, p. 2397.

Whenever a bill, order, resolution, or vote is returned by the President with his objections, and on being reconsidered is agreed to be passed, and is approved by two thirds of both houses of Congress, and thereby becomes a law, or takes effect, it shall be received by the Secretary of State from the President of the Senate, or Speaker of the House of Representatives, in whichsoever house it shall last have been approved, and he shall carefully preserve the originals.-Laws, 2, 43, p. 294.

Where the President does not approve a bill, and is prevented by the adjournment of Congress from returning it with his objections, it is usual for him to inform the house wherein it originated, at the next session, of his reasons for not approving it.-Journals, 2, 12, p. 544; 1,30, p. 82; 2, 35, p. 151.

(See also PRESIDENT OF THE UNITED STATES.)

VIGNETTES.

(See PORTRAITS.)

VIVA VOCE.

(See RULE III.)