Imágenes de páginas
PDF
EPUB

above stated. Whenever taken up, messages from the President are always read in extenso; the House never, as in the case of other communications, dispensing with the reading of the same. While the documents accompanying messages are not usually read, it has been uniformly held that it was the right of any member to demand their reading, subject, of course, to RULE XXXI.

In regard to printing the messages and other documents, see PRINTING, PUBLIC.

"Where the subject of a message is of a nature that it can properly be communicated to both houses of Parliament, it is expected that this communication should be made to both on the same day. But where a message was accompanied with an original declaration, signed by the party to which the message referred, its being sent to one house was not noticed by the other, because the declaration, being original, could not possibly be sent to both houses at the same time.”—Manual, p. 179. 'So, too, in Congress, where they can be proper y made, communications are expected to be made to both houses on the same day except where the communication may be in response to a call from one branch only. The parliamentary practice prevails, too, in regard to the communication of an original paper. (See Journal, 1, 35, p. 270.)]

[Where the President approves a bill, it is customary for him to notify the house in which it originated of the fact, and the date of approval, which is entered on the Journal. A similar notification is also given in case a bill is allowed to become a law by his failure to return the same with objections. (See PRESIDENT OF THE UNITED STATES.)]

Messages returning bill with his objections. (See VETO.)

MESSAGES FROM THE SENATE.

[Although there are no joint rules regulating messages and business between the two houses, it is the practice of the House to receive messages promptly upon the appearance of the mes senger, and without regard to the business in hand; in case a member is occupying the floor in debate, he suspends his remarks at the request of the Speaker until the announcement is made and the message received, and a call of the yeas and

nays is not unfrequently suspended for the same purpose; but when received, it is placed upon the Speaker's table, to be dis posed of at the time indicated in RULE XXIV, clause 2.

"If the House be in committee when a messenger attends, the Speaker takes the chair to receive the message, and then quits it to return into committee, without any question or interruption."-Manual, p. 123.

66

The reception of a message from the Senate (or President) is not the transaction of business."-Journal, 1, 49, p. 2281. "If messengers commit an error in delivering their message they may be admitted or called in to correct their message."Manual, p. 137; Journal, 1, 2, pp. 171, 172. [This is done informally under the direction of the Secretary of the Senate or Clerk of the House, as the case may be.]

MILEAGE.

By the 17th section of the act of July 28, 1866, it is provided that mileage at the rate of twenty cents per mile, to be estimated by the nearest route usually traveled in going to and returning from each regular session of Congress, shall be allowed to each Representative and Delegate, the accounts thereof to be certified by the Speaker-Stat. at Large, vol. 14, p. 323.

By the joint resolution of December 23, 1857, it is provided that on the first day of the first session of each Congress, or as soon thereafter as he may be in attendance and apply, each Representative and Delegate shall receive his mileage as now provided by law; and on the first day of any subsequent session he shall receive his mileage as now allowed by law.-Stat. at Large, vol. 11, p. 367.

By the joint resolution of March 3, 1859, it is provided, in reference to any member who may die after the commencement of the Congress to which he shall have been elected, that "in no case shall constructive mileage be computed or paid."-Stat. at Large, vol. 11, pp. 442, 443.

The foregoing laws were revived by the act of January 20, 1874, "repealing the increase of salaries of members of Congress and other officers.”—Sess. Laws, 1, 43, p. 4.

In case a member shall, without leave, in anticipation of and before the adjournment of Congress, withdraw from his seat

and not return, he shall, in addition to the penalty heretofore provided in case of absence, forfeit a sum equal to his mileage for his return home.-R. S., sec. 41.

"It shall be the duty of the Sergeant-at-Arms to keep the accounts of pay and mileage of Members and Delegates, and pay them as provided by law.-RULE IV, clause 1.

MILEAGE, COMMITTEE ON.

When appointed, and number of members of.-RULE X.
Duties of.-RULE XI, clause 46.

The Committee on Mileage was created on the 15th of September, 1837 (1st ses. 25th Congress), and, as now, was composed of five members.

MILITARY ACADEMY.

Three members of the House shall be designated by the Speaker, at the session next preceding the time of the annual examination of cadets, to attend the said examination; and they shall report thereon within twenty days after the next meeting of Congress.-R. S., sec. 1327.

MILITARY AFFAIRS, COMMITTEE ON.

When appointed, and number of members of.-RULE X.
One Delegate to be added to.-RULE XII.

Duties of.-RULE XI, clause 12.

This committee was created on the 13th of March, 1822 (1st sess. 17th Congress.) On the 18th of December, 1885 (1st sess. 49th Congress,) it was assigned the duty of preparing and reporting the Army and Military Academy bills.

MILITIA, COMMITTEE ON THE.

When appointed, and number of members of.-RULE X.
Duties of.-RULE XI, clause 26.

This committee was created on the 10th of December, 1835 (1st sess. 24th Congress).

MINES AND MINING, COMMITTEE ON.

When appointed, and number of members of.-RULE X. One Delegate to be added to.-RULE XII.

Duties of.-RULE XI, clause 20.

This committee was created on the 19th of December, 1865 (1st sess. 39th Congress), and given the jurisdiction formerly possessed by the Committee on Ways and Means.

MINORITY, VIEWS OF THE.

[A minority of a committee can not make a report. It has been the practice for many years to permit the minority of a committee (even of one member) to present their "views," which are appended to the report of the committee, but unanimous consent is required for this purpose. And in cases where an amendment or substitute is recommended by such minority for the bill or resolution reported, it has no parliamentary status until submitted in due form in the House as an amendment when the subject is under consideration.]

See Journal, 1, 24, p. 561. Congressional Globe, XI, 248; same, 815; same, XXI, 1345.

See also Journal, 1, 47, p. 1709.

MODIFICATION.

Motions may be modified before the previous question is ordered and before a decision or amendment, but not after the previous question is ordered.-Journals, 1, 28, p. 811; 1, 31, p.

1397.

[It has been held that a motion submitted by direction of a committee can not be modified (or withdrawn) except by unanimous consent.]

[It has also been held that it is not in order to modify a motion to suspend the rules after it has been seconded, as required by clause 2 of RULE XXVIII.]

MORNING HOUR.

The "morning hour," as it is called, is the hour after the reading of the Journal, which, under clause 3, RULE XXIV, is "devoted to reports from committees," which shall be appro

priately referred and printed. It has been uniformly held that it is not in order during this call to report a privileged matter for consideration. If reported, it must go to the Calendar as other business.

MORNING HOUR ON MONDAYS.

(See clause 2, RULE XXIV.)

MOTIONS.

(RULE XVI, clauses 1 to 9, inclusive.)

For full information in regard to a particular motion, see under its name, as ADJOURN, LIE ON THE TABLE, etc.

[A motion can not be withdrawn after the previous question is ordered, for that is a "decision" thereon.]

It may be withdrawn while the House is dividing on a demand for the previous question.-Journal, 2, 29, p. 241; and all incidental questions fall with such withdrawal.-Journal, 1, 26, p. 57.

"A member may submit more than one motion in connection with a pending proposition, if the latter motion is of higher dignity than the former."-Journals, 2, 33, pp. 483, 486; 2, 35, p. 447.

"A motion to strike out the enacting words of a bill shall have precedence of a motion to amend; and if carried shall be considered equivalent to its rejection. Whenever a bill is reported from a Committee of the Whole with an adverse recommendation, and such recommendation is disagreed to by the House, the bill shall stand recommitted to said committee without further action by the House. But before the question of concurrence is submitted, it is in order to entertain a motion to refer the bill to any committee of the House, with or without instructions, and when the same is again reported to the House it shall be referred to the Committee of the Whole without debate, and resume its original place on the Calendar.— RULE XXIII, clause 7. (See ENACTING WORDS, MOTION TO STRIKE OUT.)

If, however, a motion shall appear to the Speaker as incorrect in point of form, or contrary to some standing order, he 1441 S D-27

« AnteriorContinuar »