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determine first, that such an inquiry shall be entered into, before any member can be permitted to produce witnesses to be examined to any matter relative to that inquiry."
2203. When a witness is at the bar to be examined, the House supposes the Speaker to ask him all the necessary questions, and these questions may, by the rules of the House, be proposed by the member to the Chair, while the witness stands at the bar, and the Speaker is to put them to the witness.?
2204. It is the right of every member to require all questions to be prepared, before put by the Speaker.3
2205. The practice however is, to permit the members themselves to examine the witnesses, without the intervention of the Chair; but this is entirely irregular, and produces disorder.4
2206. “The proper manner of interrogating a witness, is to prepare such questions as may be thought necessary, and deliver them to the Speaker, before the witness is brought to the bar, that he may not interrupt the debate ;"6 otherwise, the proceeding is by general consent and objections may be made, and the rule enforced before answer is made—when the question may be withdrawn, or objection be made by any member.?
2207. If any member, or the person at the bar, objects to the propriety of any question that is asked, and the question is insisted on, the witness must immediately be directed by the Speaker to withdraw, and this without taking the sense of the House, by a question, for no question can be moved, or put whilst counsel or witnesses are at the bar.8
2208. After the House decides as to the admissibility of the question, the witness is recalled, and the Speaker then informs him, according to the directions of the House, whether or not the question must be answered."
1 2 Hats. 102, note.
5 2 Hats. 106, 107. May 247. 17 27 Grey 334 ; 4 Ibid. 275. 2 Hats. Parl. His. 1030. 106. 17 Parl. His. 1027.
6 8 Grey 64. 3 Hans. (2.) 9. 524. May 247. 2 Hats. 106.
8 2 Hats. 108.
Hans. 4 2 Hats. 106. May 247. 3 Grey (1.) 12. 396, 478; (2.) 18. 974. 51, 58; 8 Ibid. 64.
9 Hans. (2.) 18. 974.
2209. If the evidence of a member be desired by the House, or a Committee of the Whole, he is ordered to attend, in his place, on a certain day.
2210. When the attendance of a member is required before a select committee, it is the custom to request him to come, and not to address a summons to him.?
2211. If any member of the House refuse to appear, the Committee should acquaint the House therewith."
2212. If any information is received by the Committee charging any member, with an offence, the Committee should acquaint the House therewith, without proceeding thereupon.
2213. Members have been ordered by the House to attend a select committee.5
2214. If the attendance of a member of one House is desired by a committee of the other branch, a message is sent requesting that “ leave” be granted for the purpose ; 6 but it is the custom to give him private intimation, and to learn that he is willing to attend before a formal message is sent to request his attendance;" but such attendance cannot be enforced. 8
2215. A message requesting the attendance of a member of the other House, must express the cause for which the attendance is desired. The House simply gives leave to the member to attend, and he is still at liberty to attend, or not, as he shall think fit.
2216. The same ceremony is maintained between the two Houses, in requesting the attendance of officers of either House; but without discretion to attend.10
2217. In the House of Lords, every witness is sworn at the bar—whether to be examined by the House, or Committee of the Whole, or select committee. When examined by counsel,
7 May 241, 242. H. Jour. I. 14. 637; II. 15. 216. S. Jour. I. 14. 410; II. 15. 195.
8 May 243. 93 Hats. 11, 14, 16, 18. 10 May 242.
the Lords may put questions; in the absence of counsel, by the Lords generally
2218. Prevarication, or other misconduct of a witness, is punished as a contempt.?
2219. While the House punishes misconduct with severity, it however is careful to protect witnesses from the effects of their evidence, given by order of the House.3
2220. “When the House is proceeding in its judicial capacity, or the inquiry relates wholly to a matter of private interest, it is the practice to allow the parties to be heard, and to introduce, and examine witnesses by themselves, or their counsel.
2221. This is a privilege usually granted by the House upon the petition of the parties—but sometimes on motion merely – in which case the subject of inquiry is open to debate; and if the witness is in attendance," the proceeding, with the inquiry at the time assigned, may be opposed, on the usual motion for reading the order of the day; or, if the inquiry is proceeded in, a motion may be made, before any of the witnesses are called in, that the evidence about to be produced be not received ; 5 or, when a motion is made for calling in a witness, it may be opposed; or, when a witness has been called in without opposition, any member may request him to withdraw, and then oppose the motion for calling him in ;8 or objection may be made to the inquiry, when a question is put to the witness.'
2222. Common fame is a good ground of proceeding for the House, either by inquiry or by accusation.
2223. The questions asked must be entered in the Journal."
2224. The testimony given before the House is never written down; but when a committee reports a matter, the evidence is written down for the information of the House, who are not present to hear it.10
May 243. 2 Ibid. 243, 245. 3 Ibid. 245, 246. 4 C. L. & P. 966. 5 Hans (1.) 12. 855. 6 Ibid. 847.
C. L. & P. 960, note 1.
93 Grey 81. 10 7 Ibid. 52, 334.
2225. The answers of the witness should be made to the Speaker in a respectful manner.
2226. If given in a disrespectful manner, it becomes the duty of the Speaker to reprimand him, and caution him to be more careful in the future.?
2227. Where the offence provokes discussion, the witness should be directed to withdraw, and the direction of the House should then be taken.3
2228. The rules of evidence applicable in courts of justice, govern in the examination of witnesses.
2229. Neither the members of, nor the witnesses before a committee, are at liberty to publish any portion of the testimony until it has been reported to the House."
2230. Members of the House are always examined in their places.
YEAS AND NAYS.
2231. The yeas and nays cannot be taken on seconding the demand for the previous question, because the second to a question is not a question. See 2236. 2232. The
nays cannot be demanded after the result has been announced, and the Speaker is in the act of putting another question.
2233. The Constitution of the United States allows one-fifth of the number necessary to a quorum in the House of Representatives, to require a question to be taken by yeas and nays."
2234. The yeas and nays cannot be taken on a question in Committee of the Whole.10
2235. Where an agreement is made in Committee of the
1 Cav. Deb. 170.
May 237. 92 Com. Jour. 282. 6 May 247.
? 10 Cong. Globe 274. H. Jour. II. 19. 493.
8 H. Jour. I. 32. 254; I. 33. 1311.
Whole, that the vote on a proposition should be taken in the House by yeas and nays, the Speaker may consider the yeas and nays as having been ordered, when the question is brought before the House.
2236. The yeas and nays cannot be taken in ascertaining whether the previous question was demanded by a majority of the members present or not; consequently the yeas and nays cannot be taken on the motion to reconsider that demand.?
2237. The yeas and pays cannot be demanded, on the motion to reconsider the vote by which the previous question was seconded.
2238. A motion for the yeas and nays can be demanded but once on the same question."
2239. Where this motion has been once refused, it is not in order to move a second time that the question be taken in that manner.
2240. A majority may reconsider the order for the yeas and nays; and, if decided in the affirmative, the question immediately recurs on the motion for the yeas and nays, to be decided according to the rule established for that vote.6
2241. Upon a question for an “adjournment,” or a "call of the House,” the yeas and nays may be ordered when there is less than a quorum, but upon no other question."
2242. The yeas and nays may be ordered after the second of the previous question; or after the question is proposed ;8 or while the vote is being taken ;' or while the vote is being announced by the Speaker ; 10 or before it is announced ; 11 or after the decision is announced, provided the House has not passed to other business.12
2243. A demand for the yeas and nays is in order, even after
i Cong. Globe I. 39. 1548.
15 Ibid. 304; 20 Ibid. 623. Jour. I. 33. 939.
6 H. Jour. I. 30. 405.
? Ibid. I. 32. 651, 652; II. 32. 87, 145. 14 Cong. Globe 330.
8 11 Cong. Globe 883. 9 14 Ibid. 121. 10 15 Ibid. 420. Il 11 Cong. Globe 741; 13 Ibid. 482. 12 H. Jour. II. 32. 195.