amend the other's amendment to its amendment. A bill originating in one house is passed by the other One house may with an amendment. The originating house agrees to their amendment with an amendment. The other may agree to their amendment, with an amendment, that being only in the second and not the third degree; for, as to the amending house, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to."-Ibid., p. 123. at least before ad adhere in first in tion to insist "In the ordinary parliamentary course there are two Two conferences free conferences, at least, before an adherence."-Manual, herence. p. 126; Journals, 1, 34, p. 943; 1, 35, p. 1136. Although either house is free to pass over the term of insisting and But House may to adhere in the first instance; but it is not respectful stance, but moto the other.-Manual, p. 126. A motion to insist, how- takes precedence. ever, takes precedence of a motion to adhere.-Journal, 1, 34, pp. 1518, 1526. (See CONFERENCE COMMITTEES.) After one House has adhered, the other may recede- After adherence Journals, 1, 1, pp. 113, 114; 1, 2, p. 152; 1, 8, pp. 671, 673— or ask a conference, which may be agreed to by the adhering house.-Journals, 1, 1, pp. 156, 157; 1, 3, pp. 281, 283; 1, 35, pp. 604, 615, 620.-(See ADHERE, MOTION TO.) APPEAL. by one house. der arising out of to be decided Questions of or motions, their subject to. &c., "A question of order arising out of any other question, Question of ormust be decided before that question."-Manual, p. 105. another question Questions of order decided by the Speaker shall be first. "subject to an appeal to the House by any two members; der relative to on which appeal no member shall speak more than once, relevancy, unless by leave of the House."-Rule 2. [The questions of Debate on. order herein referred to relate to motions or propositions, their applicability or relevancy, &c.-Note to Rule. 2.] But "all incidental questions of order arising after a, When not do motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate."-Rule 133. [So, too, under the practice, all questions of order which may arise, pending a question which is not debatable, must be decided without debate.] And "all questions relating to the priority of business to be acted on shall be decided without debate."-Rule 66. batable. In case of mem ber transgressing or indecorum. "If any member, in speaking or otherwise, transgress rules in speaking the rules of the House, the Speaker shall, or any member may, call to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the Not debatable. case, but without debate."-Rule 61. [The call to order herein referred to has reference only to "transgressions of the rules in speaking," or to indecorum of any kind.] (See ORDER.) No appeal on "If any difficulty arises in point of order during the point of order during a division. division, the Speaker is to decide peremptorily, subject to the future censure of the House, if irregular."-Manual, p. 122. May be laid on table, and its effect. Where too late to raise the question of order. Question just decided on, can An appeal may be laid on the table-Journal, 1, 26, p. 529-and being laid on the table does not carry with it the whole subject.-Ibid., p. 530. [Of late years this motion is almost invariably made in case of an appeal; and if carried, its effect is considered equivalent to a vote sustaining the decision of the Chair.] It is too late to renew a question of order on the admissibility of a proposition which has been overruled on the preceding day, where debate has been allowed to progress on such proposition.-Journal, 1, 30, p. 989. And it is also too late to raise a question of order on a motion entertained without objection on a former day, and entered on the journal.-Ibid., 2, 30, p. 382; 1, 38, p. 538. A question of order just decided on appeal cannot be not be renewed. renewed, even upon the suggestion of additional reasons.-Ibid., 1, 32, p. 935. Where too late to reconsider vote on appeal. Pending the elec tion of Speaker, Where an appeal has been decided, and by virtue of such decision a bill taken up and passed, it is too late to move a reconsideration of the vote on the appeal.—Ibid., 1, 31, pp. 860, 861. Pending the election of a Speaker, the Clerk shall Clerk to decide decide all questions of order that may arise, subject to dercns of orappeal to the House.-Rule 146. while another is Not in order An appeal is not in order while another appeal is pend ing.-Cong. Globe, 1, 27, p. 154; 2, 29, p. 290. pen ling. How questions The form of stating the question on an appeal is: on, stated, "Shall the decision of the Chair stand as the judgment of the House ?"| "All questions of order shall be noted by the Clerk, with the decision, and put together at the end of the journal of every session."-Rule 15. APPROPRIATION BILLS. General, when to be reported. "It shall be the duty of the Committee on Appropriations, within thirty days after their appointment, at every session of Congress, commencing on the first Monday of December, to report the general appropriation bills. for legislative, executive, and judicial expenses; for sundry civil expenses; for consular and diplomatic expenses; for the Army; for the Navy; for the expenses of the Indian Department; for the payment of invalid and other pensions; for the support of the Military Academy; for fortifications; for the service of the Post Office Department, and for mail transportation by ocean steamers; or, in failure thereof, the reasons of such failure. And said committee shall have leave to report General, may be reported at any said bills (for reference only) at any time. In all time. cases where appropriations cannot be made specific in Amount of ap amount the maximum to be expended shall be stated, must be stated. and each appropriation bill when reported from the committee shall, in the concluding clause, state the sum total of all the items contained in said bill."-Rule 77. "In preparing bills of appropriation for other objects, the Committee on Appropriations shall not include appropriations for carrying into effect treaties made by the United States; and when an appropriation bill shall be referred to them for their consideration which contains appropriations for carrying a treaty into effect, and for other objects, they shall propose such amendments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropriations for other objects."-Rule 76. But where a general appropriation bill containing an item for carrying out a treaty has been committed by the House, it cannot be ruled out of order by the Committee of the Whole-Cong. Globe, 2, 31, pp. 356, 357. propriations in, Appropriations for carrying out treaties not to be included in. But where comruled out of order. mitted cannot be general. Amendment to "No appropriation shall be reported in such general appropriation bills, or be in order as an amendment thereto, for any expenditure not previously authorized by law, unless in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several Departments of the Government."-Rule 120. [It has been decided that under this rule it is not in order to propose an amendment to a general appropriation bill, which changes an existing law.-Journal, 1, 38, pp. 598, 599. But it was also decided that the latter branch of the rule not only permitted amendments increasing salaries, but was framed for that very purpose.-See Cong. Globe, vol. 54, pp. 306, 325-also Cong. Globe, vol. 6, p. 224.] To be first discussed in Committee of Whole. [This rule is rigidly enforced, so far as relates to amendments offered in the House or in committee, but it not unfrequently happens that bills are reported which are in conflict with it; and as they are usually received by the House and committed without being read in extenso, the conflict is not discovered until they are considered in committee, when it is too late (unless it is reserved in the House) to make the point.] "All proceedings touching appropriations of money, the and all bills making appropriations of money or property, or requiring such appropriations to be made, or authorizing payments out of appropriations already made, shall be first discussed in Committee of the Whole House."-Rule 112. When point of order on, cannot be well taken. Preference giv. en to general, in the House. [The foregoing rule was adopted January 13, 1874. Prior to that time, bills directing the disbursement of money already appropriated, or requiring future appropriations to be made, or making an appropriation of land, were not necessarily first considered in Committee of the Whole.] When the rules have been suspended for the purpose of enabling the report of a measure to be made, and also for its consideration, a point of order that it contains an appropriation cannot be well taken.-Journal, 1, 34, pp. 1172, 1173. "General appropriation bills shall be in order in preference to any other bills of a public nature, unless other wise ordered by a majority of the House. And the House General, may may, at any time, by a vote of a majority of the members be made special present, make any of the general appropriation bills a order at any time. special order."-Rule 119. Whole. "And in Committee of the Whole House on the state Preference giv en to general, in of the Union, general appropriation bills, and, in time of Committee of the war, bills for raising men and money, and bills concerning a treaty of peace, shall be preferred to all other bills, at the discretion of the committee; and when demanded by any member, the question (of consideration) shall first be put in regard to them."-Rule 114. [Existing special orders, however, (being made under a suspension of the rules,) take precedence of all other business.] Clanses of, to be treated as sec tions. Division of the question on, for ments. [In the consideration of general appropriation bills, the clauses are invariably treated as sections in other bills.] "Upon the engrossment of any bill making appropria. tions of money for works of internal improvement of any internal improvekind or description, it shall be in the power of any mem ber to call for a division of the question, so as to take a separate vote of the House upon each item of improvement or appropriation contained in said bill, or upon such items separately, and others collectively, as the members making the call may specify; and if one-fifth of the members present second said call, it shall be the duty of the Speaker to make such divisions of the question, and put them to vote accordingly."-Rule 121. APPROPRIATIONS, COMMITTEE ON. when appointed. Duties of. This committee, to consist of eleven members, is di- Its number, and rected to be appointed at the commencement of each Congress. Rule 74. Its duty shall be to take into consideration all executive communications, and such other propositions in regard to carrying on the several departments of the Government, as may be presented and referred to them by the House. In preparing bills of appropriations for other objects, the said committee shall not include appropriations for carrying into effect treaties made by the United States; and where an appropriation bill shall be referred to them for their consid B D- -2 |