Select committees do not hold over. oaths by chairman of committees. resolution or motion.] Under the parliamentary lawManual, pp. 87, 88-none who speak directly against the body of the bill" are to be of the committee to which it is referred. The spirit of this law has prevailed in the House so far as that, in the formation of a select committee, in the case of the reference of a bill, a majority of the friends of the measure referred, and in the case of an investigation a majority of those favorable to the proposed investigation are usually appointed thereon; and the member proposing the select committee is usually appointed the chairman.] Select committees do not hold over to a second or subsequent session after their appointment-Journal, 2, 32, p. 207-unless specially authorized to do so.-Ibid., 1, 35, p. 1020. Administering of A chairman of a select committee (Stat. at Large, Vol. I, p. 554) and a chairman of any standing committee (Stat. at Large, Vol. III, p. 345) shall be empowered to administer oaths or affirmations to witnesses in any case under their examination. Failure of witnews to appear or testify. Any person summoned as a witness by authority of the House to give testimony or to produce papers upon any matter before the House or any committee thereof, who shall wilfully make default, or who, appearing, shall refuse to answer any question pertinent to the matter of inquiry in consideration before the House or committee by which he shall be examined, shall, in addition to the pains and penalties now existing, be liable to indictment Duty of speaker as for a misdemeanor. And when a witness shall fail to 'ness to testify. testify, as above, and the facts shall be reported to the House, it shall be the duty of the Speaker to certify the fact under the seal of the House to the district attorney for the District of Columbia-Stat. at Large, Vol. XI, p. 155. (See also WITNESS.) on failure of wit Two Committees of the Whole. COMMITTEES OF THE WHOLE. [The rules and practice of the House recognize two Committees of the Whole, viz., the Committee of the Whole House on the state of the Union, to which are referred public bills and public business, and the Com ་ mittee of the Whole House, to which are referred private bills and private business.] in order at any "When a resolution shall be offered, or a motion made Order of taking questions of comto refer any subject, and different committees shall be mitment. proposed, the question shall be taken in the following order: The Committee of the Whole House on the state of the Union; the Committee of the Whole House; a standing committee; a select committee."-Rule 43. "The House may at any time, by a vote of a majority Motion to go into, of the members present, suspend the rules and orders time. for the purpose of going into the Committee of the Whole House on the state of the Union."-Rule 104. [On Fridays and Saturdays, which, under Rule 128, are set Fridays and Satapart for the consideration of private business, the motion to go into̟ Committee of the Whole House on the private calendar takes precedence of the motion to go into Committee of the Whole House on the state of the Union, but upon a failure of the former motion the latter motion may be entertained on those days. If the previous question shall have been seconded upon any pending proposition, under the practice it is not in order to entertain the motion to go into Committee of the Whole until it is disposed of.] urdays. pre Seconding of vents motion to go vious question pre into. Motion to go into, takes precedence of motion to go to It is in order, pending a motion to go to business on the Speaker's table, to move that the House resolve itself into the Committee of the Whole House on the er's table. state of the Union-Journal 2, 32, pp. 155, 228. business on Speak "In forming a Committee of the Whole House, the How formed. Speaker shall leave his chair, and a chairman to preside in committee shall be appointed by the Speaker."-Rule 105. "In case of any disturbance or disorderly conduct in Disturbance in. the galleries or lobby, the Speaker (or chairman of the Committee of the Whole House) shall have power to order the same to be cleared.”—Rule 9. And "in case of great heat and confusion arising in committee, the Speaker may take the chair and bring the House to order.-Manual, p. 72; Journal, 1, 26, p. 814. may of, administer The chairman of the Committee of the Whole has Chairman power to administer oaths or affirmations to witnesses oaths. in any case under its examination.-Stat. at Large, Vols. I, p. 554; III, p. 345. Quorum of. Speaker takes chair to receive port of Committee "The quorum of a Committee of the Whole is the same as that of the House."-Manual, p. 71. "If a message is announced during a committee, the messages and re- Speaker takes the Chair and receives it, because the on Enrolled Bills. Committee cannot."-Manual, p. 72. [So, too, during a committee, the Speaker often takes the chair to receive the report of the Committee on Enrolled Bills, which having been announced, the chairman resumes the chair, and the House is again in committee.] Want of quorum. and absentees reported. "Whenever the Committee of the Whole House on the state of the Union, or the Committee of the Whole House, finds itself without a quorum, the chairman shall Roll to be called, 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. [And all members are reported as absentees who fail to answer when their names are called, for, upon the completion of the roll, the chairman immediately vacates the chair. Whenever, upon such roll-call, a quorum answer to their names, and that fact is reported to the House, the Speaker declines to receive any motion whatever, and the committee resumes its session without further order. But if no quorum answer, a motion to adjourn, or for a call of the House, is in order; and if upon either of said motions a quorum shall vote, and the House refuse to adjourn or to order a call, the session of the committee is immediately resumed.-Journals, 2, 27, p. 592; 1, 29, p. 356; 2, 29, p. 343; 2, 32, p. 388.] Rules of House to govern, except as to speaking. No motion for previous question, for yeas and nays, "The rules of proceedings in the House shall be observed in a Committee of the Whole House, so far as they may be applicable, except the rule limiting the times of speaking; but no member shall speak twice to any question until every member choosing to speak shall have spoken."-Rule 113. "No previous question can be put in committee, nor or to adjourn, nor can this committee adjourn as others may—Manual, p. nor to lie on table, 72-nor can the yeas and nays be taken—Cong. Globe, 1, 28, p. 618; 1, 26, p. 285—nor can a motion to lie on the table be entertained-Cong. Globe, 2, 31, p. 645—nor motions to reconsider."-Cong. Globe, 1, 27, p. 305. &c., &c., in. State of the Union. In Committee of the Whole on the state of the Union, Debate in, on the all debate on special orders shall be confined strictly to the measure under consideration.-Rule 114. [But it is otherwise where the measure has not been made a special order.-Cong. Globe, 2, 30, p. 587; 1, 31, p. 1475; 2, 31, pp. 630, 631; 1, 32, p. 1856.] debate. minutes to be withdrawn "No member shall occupy more than one hour in debate Debate one hour. on any question in the House or in committee, but a member reporting the measure under consideration from a committee may open and close the debate: Provided, That when debate is closed by order of the House, any member shall be allowed, in committee, five minutes to explain any amendment he may offer, after which any member who shall first obtain the floor shall be allowed to speak five minutes in opposition to it; and there shall Five be no further debate on the amendment; but the same privilege of debate shall be allowed in favor of and against any amendment that may be offered to the amend ment; and neither the amendment nor an amendment to the amendment shall be withdrawn by the mover thereof, Amendment not unless by the unanimous consent of the committee: Provided, further, That the House may, by the vote of a majority of the members present, at any time after the be closed. five minutes' debate has taken place upon proposed amendments to any section or paragraph of a bill, close all debate upon such section or paragraph, or at their election upon the pending amendments only.”—Rule 60. "The House may at any time, by a vote of a majority Hour debate may of the members present, provide for the discharge of the Committee of the Whole House, and the Committee of the Whole House on the state of the Union, from the further consideration of any bill referred to it, after acting without debate on all amendments pending and that may be offered.”—Rule 104. [The closing of debate here. in referred to has reference only to the hour debate; the five minutes' debate contemplated by the 1st proviso of the 60th rule (recited in the foregoing paragraph) commences upon the adoption of the order under this rule. The following is the form of resolution (sanctioned by Form of resolulong practice) for closing the hour debate, viz: "Resolved, bate. That all debate in the Committee of the Whole House be closed. tion for closing de Subject must ously considered. (or Committee of the Whole House on the state of the Union, as the case may be,) on (here insert title of bill or subject upon which it is proposed to close debate) shall cease (here insert time at which it is proposed to close debate,) if the committee shall not sooner come to a conclusion upon the same; and the committee shall then proceed to vote on such amendments as may be pending or offered to the same, and shall then report it to the House with such amendments as may have been adopted by the committee."] The proposition to close debate may be made at any time, taking precedence even of a motion to go into Committee of the Whole; but to be in have been previ- order at all, the subject upon which it is proposed to close debate must have been previously taken up and Rule applies to considered by the committee.-Journal 1, 32, p. 147. This rule is construed to apply as well to messages as bills; indeed, to all subjects committed.-Journal, 1, 32, p. 146. And debate may be closed upon any one of the subjects referred to in a message.-Journal 1, 32, p. 147. The right of the member who reports the measure under ing measure still consideration to close debate is held not to be affected by this rule; but he may make his closing speech after the arrival of the time at which the House has directed that debate shall cease.-Journal, 1, 31, p. 1056; and such has been the invariable practice ever since. Member offering Where general debate has been closed, a member is not speak against not at liberty to speak in opposition to his own amendit, or to main ques- ment.-Cong. Globe, 1, 31, p. 1408. Nor can he debate the main proposition.-Ibid., 2, 32, p. 1723. messages as well as bills. Member report has right to close debate. Amendment can tion. closed, time can Where debate Debate having been closed at a particular hour by not be extended order of the House, it is not competent for the committee, even by unanimous consent, to extend the time.— Cong. Globe, 2, 32, pp. 784, 785. by. May take up other business after with a billon which debate closed. It is in order for the committee to lay aside a bill after getting through having gone through with it, and, before rising, to proceed to other business on the calendar, notwithstanding the House may have adopted a resolution closing debate thereon.-Cong. Globe, 1, 33, pp. 1130, 1131. Amendments to an original 10tion. "All amendments made to an original motion in committee shall be incorporated with the motion and so reported.”—Rule 108. [Bills and resolutions are some |