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194

RAILWAYS, ETC., COMMITTEE ON-READING OF PAPERS.

Where not present, amember may call for count.

Where roll-call discloses absence

of.

When appointed

and number of.

Its duties.

Right of mem. ber to insist on, where called vote.

"Whenever, during business, it is observed that a quorum is not present, any member may call for the House to be counted, and, being found deficient, business is suspended."-Manual, p. 67; also p. 82.

Where the roll-call discloses the absence of a quorum, the Chair cannot go outside of the record in deciding as to the presence of a quorum.-Journal, 1, 44, p. 1078. (See also CALLS OF THE HOUSE)

RAILWAYS AND CANALS, COMMITTEE ON.

There shall be appointed at the commencement of each Congress a Committee on Railways and Canals, to consist of eleven members.-Rule 74.

It shall be the duty of the Committee on Railways and Canals to take into consideration all such petitions and matters or things relating to roads and canals, and the improvement of the navigation of rivers, as shall be presented or may come in question and be referred to them by the House, and to report thereupon, together with such propositions relative thereto as to them shall seem expedient.-Rule 94.

READING OF PAPERS.

"Where papers are laid before the House or referred to to a committee, every member has a right to have them once read at the table before he can be compelled to vote on them."-Manual, p. 97—and this applies to the reading of papers on a motion to refer them.-Journal, 1, 34, p. 1146. And so in regard to any proposition submitted for a vote of the House; but, it being a right derived from the rules, he may at any time (when a motion to But may be de- suspend the rules is in order) be deprived of it by a sussuspension of the pension of the rules-Journals, 1, 32, p. 1116; 3, 44, p. 618; 2, 35, p. 572; 2, 38, pp. 397, 398; 1, 44, p. 1331even after the main question is ordered to be put.— Journal, 3, 34, p. 386.

prived of it by a

rules.

0.

Where objected

"When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by a vote of the House."-Rule 141.

Construction of [The rule above recited is not construed to apply to the single reading of a paper or proposition upon which

he 141st rule in egard to.

the House may be called upon to give a vote, or to the several regular readings of a bill, but to cases where a paper has been once read, or a bill has received its regular reading and another is called for, and also where a member desires the reading of a paper having relation to the subject before the House.] But it does not apply In case of an to the case of an amendment' which a member, by leave, which notice is has given notice of his intention at a future time to offer.-Journal, 1, 31, p. 1149.

amendment of

given.

De called for.

The reading of a report relating to a pending proposi- Where, cannot tion cannot be called for after the previous question is seconded, as it would be in the nature of debate.—Journal, 1, 23, p. 726.

RECEDE, MOTION TO.

The motion to recede takes precedence of the motions to insist and ask a conference, and to adhere.-Manual, pp. 114, 115. [And even though the previous question may be pending on either of the last motions, the motion to recede may be entertained, because if it prevails the disagreement between the houses is removed and the bill is passed.] A vote to recede from a disagreement to an amendment is not equivalent to an agreement.Journal, 1, 20, pp. 695, 697. [But, in making a motion. that the House recede from its disagreement to an amendment, there should be coupled with it "and that the House agree to the same."]

(See also AMENDMENTS BETWEEN THE TWO HOUSES and CONFERENCE COMMITTEES.)

RECEPTION.

(See CONSIDERATION.)

RECESS.

Precedence of.

Where it is convenient that the business of the House May be taken.

be suspended for a short time, as for a conference pres

privileged one.

ently to be held, &c., it adjourns during pleasure.—Manual, p. 135. [The practice of the House in regard to the Motion for, a privileged character of the motion for a recess has varied in different Congresses, but of late years it has been held to be a privileged question-see Journals, 1, 36, pp.

196

RECOMMIT, MOTION TO-RECONSIDER, MOTION TO.

Less than a quorum cannot take.

753, 759; 2, 37, pp. 718, 719-and the latter practice is manifestly that contemplated in the Manual.] But it is not in order pending a motion to suspend the rules, so as to take an immediate vote on a pending proposition.Journal, 2, 39, pp. 572, 573.

It is not in order for less than a quorum to take a reNot in order cess-Journals, 1, 29, p. 356; 2, 32, p. 388-nor, pending a call of the House, can a recess be taken unless by unanimous consent.-Ibid., 1, 26, p. 843.

pending call of House.

For more than three days.

In order at any time before pas

not if main ques

Where it is proposed to take a recess, by adjournment, for more than three days, the Senate must consent before it can be taken-Const., 1, 5, 9-and a resolution for that purpose is held to be privileged.—Journal, 2, 37, pp. 718 to 720. (See ADJOURN, MOTION TO.)

RECOMMIT, MOTION TO.

"After commitment and report thereof to the House, sage of bill, but or at any time before its passage, a bill may be recomtion is ordered. mitted."-Rule 124. But not after the main question is ordered to be put.-Journal, 1, 29, p. 643. [Nor, according to the practice, even pending the demand for the In case of re- previous question. "And should such recommitment engrossment. take place after its engrossment, and an amendment be reported and agreed to by the House, the question shall be again put on the engrossment of the bill."-Rule 124. (See COMMIT, MOTION TO.)

commitment after

Who may make.

made.

RECONSIDER, MOTION TO.

When a motion has been once made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsideration When to be thereof on the same or succeeding day; and such motion Precedence of. shall take precedence of all other questions, except a Cannot be with- motion to adjourn; and shall not be withdrawn after the time elapsed for said succeeding day without the consent of the House, and thereafter any member may call it up for consideration."-Rule 49.

drawn after the

making.

Any member may call up.

Who may make, in case of tie vote.

A fair construction of this rule will permit a member who has voted with the prevailing side on a tie vote to move a reconsideration. Such is evidently the spirit of the rule.-Journal, 1, 30, p. 1081. [So, also, it is the

when less than a

practice to permit any member to move a reconsidera- Who may make tion who has voted with the prevailing side in a case majority prevails. where less than a majority prevails.]-Cong. Globe, 1, 39, p. 3892.

Any member. may make, where

Where a vote is not taken by yeas and nays, and consequently no record made of each member's vote, it is vote has not been the well-settled practice to permit any member to move a reconsideration.

It is in order at any time, even when a member is on the floor, or the highest privileged question is pending, on the same or succeeding day to move a reconsideration and have it entered, but it cannot be taken up and considered while another question is before the House.Journal, 1, 34, pp. 1476, 1477.

by yeas and nays.

May be entered ed while another

but not consider

question is up.

May be enterpapers have gone

tained, even after

out of the posses

A motion to reconsider, if made in time, may be entertained, notwithstanding the papers connected with the original proposition have gone out of the possession of sion of the House. the House.--Journals, 1, 26, p. 1033; 1, 28, pp. 1125, 1131; 1, 29, p. 657; 1, 33, pp. 336, 1199. And pending a motion to reconsider the vote on the passage of a bill, the Speaker should decline to sign the said bill if reported by the Committee on Enrolled Bills.-Journal, 1, 26, p. 1033. [When the papers have been sent to the Senate, it is usual, in case of a motion to reconsider, to send a message to that body requesting their return.]

[It is not in order on a private bill day to call up and consider a motion to reconsider a vote on a public bill, if objected to, except after a postponement by a majority vote of the private business.]

[The effect of the pendency of a motion to reconsider, according to the universal usage, is to suspend the original proposition;] but ".where the term of the members expires without acting on the motion to reconsider for the want of time or inclination, the motion of course fails, and leaves the original proposition operative."— (Opinion of Mr. Speaker Orr, and also of Mr. Speaker Banks, in the case of resolutions directing the payment of money out of the contingent fund of the House, where Congress adjourned sine die pending motions to reconsider the vote by which they were adopted.)

On private bill days.

Not in order,

where action has

cannot be reversed.

It is not in order to move a reconsideration of a vote resulted which sustaining a decision of the Chair, after subsequent action has resulted from such decision which it is impossible for the House to reverse.-Journal, 1, 31, pp. 860, Nor on a recom- 861. Nor on the recommitment of a resolution after the same has been reported back.-Journal, 1, 44, p. 973. troduced on Mon. Nor upon a bill introduced and referred during the first hour after the reading of the Journal on Mondays, nor upon bills introduced and referred by unanimous consent.-Rule 130.

mitment, after report back.

Nor on bills in

days.

Previous question is exhausted

by vote on.

Cannot be repeated.

[Under the practice, if a motion to reconsider is pending when the previous question is ordered, such order applies to the motion to reconsider only.]

Where a motion to reconsider has been once put and decided, it is not in order to repeat the motion.-JourExcept where nal, 2, 27, p. 1022. But it is otherwise where an amendhas been made. ment has been adopted since the first reconsideration.— Journal, 1, 31, pp. 1404, 1406, 1407.

an amendment

Order of yeas and nays may be reconsidered.

So also negative vote on motion to

Motion to lay on table.

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An order that a vote be taken by yeas and nays may be reconsidered, but the question immediately recurs, subject to be decided affirmatively by one-fifth of the members present.-Journals, 1, 19, p. 796; 1, 30, p. 405. A negative vote on a motion to lie on the table may be lie on the table. reconsidered.-Journal, 2, 32, p. 234. [It is a very common practice for the member having charge of a measure, as soon as a vote is taken upon it, "to move to reconsider the vote last taken, and also to move that the motion to reconsider be laid on the table;" and if the latter motion prevails, it is deemed a finality, so far as the vote proposed to be reconsidered is concerned. A vote to lay the motion to reconsider on the table does not carry with it the pending measure.]

If motion to reconsider be laid on

A motion to reconsider a vote laying a motion to recontable, it cannot be sider on the table is not in order; if entertained, it would reconsidered. lead to inextricable confusion, by piling up motion upon motion to reconsider.-Journals, 3, 27, p. 334; 1, 33, p.

An amendment afterengrossment.

357.

[After a bill has been ordered to be engrossed, it is not in order to move a reconsideration of a vote on an amendment until the order of engrossment has been

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