Entered according to Act of Congress, in the year 1868, by

J. M. BARCLAY,

In the Clerk's Office of the District Court for the District of Columbia.

LEN

BARCLAY'S DIGEST

OF THE

RULES AND PRACTICE

OF THE

HOUSE OF REPRESENTATIVES U. S.

ABSENCE FROM THE HOUSE.

"No member shall absent himself from the service of Prohibited, un less by leave or the House, unless he have leave, or be sick or unable to from inability to attend."-Rule 33.

"A smaller number than a quorum may be authorized to compel the attendance of absent members, in such manner and under such 'penalties as each house may provide."-Const., 1, 5, 8.

attend.

Less than a quothorized to compel

rum may be au

attendance.

authorized to com

"Any fifteen members (including the Speaker, if there Fifteen members be one) shall be authorized to compel the attendance of pel attendance. absent members."-Rule 34.

For mode of proceeding in case of the absence of mem- Proceedings in bers, see CALLS OF THE HOUSE.

case of.

compensation for.

By the act of August 16, 1856, it is made the duty of Deduction from the Sergeant-at-Arms to deduct from the monthly payment of each member the amount of his compensation for each day that such member shall be absent from the House, unless such member shall assign as the reason for such absence the sickness of himself or of some member of his family. Stat. at Large, Vol. XI. p. 49.

Valid excuse for.

By the Joint Resolution of July 17, 1862, active employment in military service for the suppression of the rebellion without pay, is declared to be a valid excuse for Further deducabsence from duty in Congress. And it is further declared sation for, without that when any Senator or Representative shall hereafter leave.

tion from

4 ABSENCE FROM COMMITTEE OF THE WHOLE-ACCOUNTS, COM. OF.

When no quorum by reason of, roll to be called.

Its number, and when appointed.

Duties of.

To be signed by the Speaker.

withdraw from his seat in anticipation of the adjournment of Congress and before the adjournment and does not return, he shall, in addition to the sum now deducted for each day, forfeit a further sum equal to the mileage now allowed by law for his return home, and it shall be deducted from his compensation, unless where said withdrawal is with the leave of the Senate or House of Rep resentatives. Stat. at Large, Vol. XII, p. 628.

ABSENCE FROM COMMITTEES OF THE WHOLE. "Whenever the Committee of the Whole on the state of the Union, or the Committee of the Whole House, finds itself without a quorum, the chairman shall cause the roll of the House to be called, and thereupon the committee shall rise and the chairman shall report the names of the absentees to the House, which shall be entered on the Journal.”—Rule 106. [As soon as the roll call is completed, the practice is for the chairman immediately to vacate the chair, and consequently to report as absentess all such as failed to answer to their names when called.]

ACCOUNTS, COMMITTEE OF.

This committee, to consist of five members, is directed to be appointed at the commencement of each Congress.Rule 74. Its duty is to superintend and control the expenditures of the contingent fund of the House; also to audit and settle all accounts which may be charged thereon.— Rule 98. And it is made its further duty by Rule 140 to inquire into and report to the House any violation of the said rule in regard to the allowance of extra compensation to employés of the House, or their being interested in claims against the government. And by Rule 27 the said committee is directed to determine the amount for which the Doorkeeper shall be liable for articles missing from the committee and other rooms under his charge.

ACCOUNTS FOR PAY AND MILEAGE.

(See COMPENSATION.)

ACTS AND ADDRESSES.

Acts and addresses shall be signed by the Speaker.Rule 8.

ACCOUNTS FOR PAY AND MILEAGE-ADJOURN, MOTION TO.

ADDRESS TO THE PRESIDENT.

5

sented, by whom,

"Whenever the Senate and House of Representatives Where to be preshall judge it proper to make a joint address to the Pres- &c. ident, it shall be presented to him in his audience-chamber by the President of the Senate in the presence of the Speaker and both houses."-Joint Rule 11.

ADHERE, MOTION TO.

The questions respecting amendments from another house are: 1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhere-Manual, p. 114-and take precedence in that order.-Journals, 1, 23, p. 229; 1, 34, p. 1516 to 1518.

two conferences

"In the ordinary parliamentary course, there are two Usually at least free conferences, at least, before an adherence”—Manual, before adherence. p. 126—and sometimes three or four.-Journals 1, 34, p. 943; 1, 35, p. 1136. Although "either house is free to pass over the term of insisting, and to adhere in the first instance; but it is not respectful to the other.”—Manual, p. 126.

one house adheres.

A conference may take place after a vote of adherence Conference after by one house.-Journals, 1, 3, pp. 281, 283; 2, 3, p. 254; 1, 34, pp. 1600, 1602; 1, 35, pp. 604, 615, 620; Senate Journal, Jan. 20, 1834; Manual, p. 129.

adheres, bill, &c.,

After each house shall have adhered to their disagree- After each house ment, a bill or resolution shall be lost."-Joint Rule 15. lost. (See AMENDMENTS BETWEEN THE TWO HOUSES and CONFERENCE COMMITTEES.)

ADJOURN, MOTION TO.

And to fix the ing always in or

day of next meet

der.

Not debatable.

Motion to fix the

day takes prece

no quorum pre

"A motion to adjourn, and à motion to fix the day to which the House shall adjourn, shall be always in order, and these motions shall be decided without debate."Rule 44. It has been decided and acted upon that the motion "to fix the day to which the House shall adjourn" takes precedence of a motion "to adjourn;" the reason dence of, unless being that, before the House adjourns, it is proper to fix sent. the time to which it shall adjourn―Note to same rule—but when less than a quorum is present no motion can be entertained, except to adjourn, or for a call of the House.Journal, 1, 29, p. 356, and Const., 1,5, 8. [Consequently, at such a time, the motion to adjourn would take precedence.]

Only one can be entertained while

Only one motion to adjourn can be entertained pending

motion to suspend a motion to suspend the rules.-Rule 161. rules pending.

For more than three days is privileged.

Cannot be made while

another

ing, unless

he

A resolution proposing, with the concurrence of the Senate, an adjournment for more than three days is held to be privileged.-Journal 2, 37, pp. 718 to 720.

A motion for adjournment cannot be made while another member is speak is, speaking."-Manual, p. 85.-[But according to the practice, a member speaking may yield for a motion to adjourn, or that the committee rise, without losing his right to the floor when the subject is resumed.]

yields for.

Not in order while voting on

"Nor can a motion to adjourn be received after another another question. question is actually put, and while the house is actually engaged in voting.”—Manual, p. 98.

Cannot be amended.

"A motion to adjourn, simply, cannot be amended, as by adding to a particular day,' but must be put simply 'that this House do now adjourn;' and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolution, that at its rising it will adjourn to a particular day,' and then the House is adjourned to that day."-Manual, p. 135.

When may be A motion to adjourn may be repeated, although no ques

repeated.

Hour of making to be entered on journal.

Motion to fix the hour to which the

journ.

tion has been put or decided since the former motionJournal, 1, 23, p. 651-but there must have been some intervening business.-Ibid., 1, 31, p. 1092. [Another motion submitted, progress in debate, or reading a paper by the Clerk, an order of the yeas and nays, &c., has been considered such "intervening business" as will authorize a repetition of the motion to adjourn.]

"The hour at which every motion to adjourn is made shall be entered on the journal.”—Rule 45.

A motion to fix the hour to which the House shall adjourn House shall ad- does not take precedence of a motion to adjourn―Journal, 1, 29, p. 186—and can only be made when resolutions are in order-Journal, 1, 29, p. 933-[or under a suspension of the rules when in order.]

No adjournment till Speaker pronounces it.

Legislative day

does not end un

"If a question be put for adjournment, it is no adjournment till the Speaker pronounces it."-Manual, p. 135.

There must be an adjournment before the legislative adjourn day will terminate-Journal, 1,33, p. 804-and an adjournment does not take place by reason of the arrival of the time for the regular daily meeting of the House.-Ibid., pp. 804,811. And an adjournment does not necessarily take