in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several Departments of the Government.-Rule 120. [This rule, so far as relates to amendments offered, is usually enforced with much strictness, but an instance is not known where the Committee of the Whole has ever ruled out any portion of a bill as reported from the Committee of Ways and Means, although containing provisions in violation of said rule. where the bill was committed without any reservation Debate may be of points of order.]

closed on, with

precluding (See APPROPRIATION BILLS.)

out further.

Regular progression from disagreement to adherence.

"The House may at any time, on motion seconded by a majority of the members present, close all debate upon a pending amendment, or an amendment thereto, and cause the question to be put thereon; and this shall not preclude any further amendment or debate upon the bill." -Rule 132.

AMENDMENTS BETWEEN THE TWO HOUSES.

When either house, e. g., the house of Representatives send a bill to the other, the other may pass it with amend ments. The regular progression in this case is: that the House disagree to the amendment; the Senate insist on it; the House insist on their disagreement; the Senate Effect of adhe adhere to their amendment; the House adhere to their disagreement.-(See Manual, pp. 125, 126.)

rence by both houses.

may recedc.

takes precedence

sist.

"After each house shall have adhered to their disagreeEither house ment, a bill or resolution shall be lost."-Joint Rule 15. "Either house may recede from its amendment and agree to the bill; or recede from their disagreement to Motion to recede the amendment, and agree to the same absolutely, or of motion to in- With an amendment."-Manual, p. 126. And a motion to recede takes precedence of a motion to insist.-Journals, 1, 23, p. 229; 1, 29, p. 696. "But the House cannot recede amendment with from or insist on its own amendment with an amendment. * They may modify an amendment from the other house by ingrafting an amendment on it."-Manual, p. 126. "A motion to amend an amendment from the other house takes precedence of a motion to agree or disagree.

House cannot recede from or insist on its

amendment, but may amend other * house's amendment.

Motion to amend an amendment of other house.

amend the other's

amendment to its

amendment.

A bill originating in one house is passed by the other One house may with an amendment. The originating house agrees to their amendment with an amendment. The other may agree to their amendment, with an amendment, that being only in the second and not the third degree; for, as to the amending house, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to."-Ibid., p. 123.

at least before ad

adhere in first in

tion to insist

"In the ordinary parliamentary course there are two Two conferences free conferences, at least, before an adherence."-Manual, herence. p. 126; Journals, 1, 34, p. 943; 1, 35, p. 1136. Although either house is free to pass over the term of insisting and But House may to adhere in the first instance; but it is not respectful stance, but mo to the other.-Manual, p. 126. A motion to insist, how- takes precedence. ever, takes precedence of a motion to adhere.-Journal, 1, 34, pp. 1526, 1518. (See CONFERENCE COMMITTEES.) After one House has adhered, the other may recede- After adherence Journals, 1, 1, pp. 113, 114; 1, 2, p. 152; 1, 8, pp. 671, 673— or ask a conference, which may be agreed to by the adhering house.-Journals, 1, 1, pp. 156, 157; 1, 3, pp. 281, 283; 1, 35, pp. 604, 615, 620.—(See ADHERE, MOTION TO.)

APPEAL.

by one house.

Question of oranother question,

der arising out of

to be decided

Questions of or

motions, their

Debate on.

"A question of order arising out of any other question must be decided before that question."-Manual, p. 105. Questions of order decided by the Speaker shall be first. "subject to an appeal to the House by any two members; der relative to on which appeal no member shall speak more than once, relevancy, &c., unless by leave of the House."-Rule 2. [The questions of subject to. order herein referred to relate to motions or propositions, their applicability or relevancy, &c.-Note to Rule. 2.] But "all incidental questions of order arising after a, When not demotion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate."-Rule 133. [So, too, under the practice, all questions of order which may arise, pending a question which is not debatable, must be decided without debate.] And "all questions relating to the priority of business to be acted on shall be decided without debate."-Rule 66.

batable.

In case of mem

ber transgressing

or indecorum.

"If any member, in speaking or otherwise, transgress rules in speaking the rules of the House, the Speaker shall, or any member may, call to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the Not debatable. case, but without debate.”—Rule 61. [The call to order herein referred to has reference only to "transgressions

point of order

of the rules in speaking," or to indecorum of any kind.] (See ORDER.)

No appeal on "If any difficulty arises in point of order during the during a division. division, the Speaker is to decide peremptorily, subject to the future censure of the House, if irregular.”—Manual, p. 122.

May be laid on table, and its effect.

Where too late to raise the question of order.

An appeal may be laid on the table-Journal, 1, 26, p. 529-and being laid on the table does not carry with it the whole subject.-Ibid., p. 530. [Of late years this motion is almost invariably made in case of an appeal; and if carried, its effect is considered equivalent to a vote sustaining the decision of the Chair.]

It is too late to renew a question of order on the admissibility of a proposition which has been overruled on the preceding day, where debate has been allowed to progress on such proposition.-Journal, 1, 30, p. 989. And it is also too late to raise a question of order on a motion entertained without objection on a former day, and entered on the journal.-Ibid., 2, 30, p. 382; 1, 38, p. 538. Question just A question of order just decided on appeal cannot be not be renewed. renewed, even upon the suggestion of additional reasons. Ibid., 1, 32, p. 935.

decided on, can

Where too late

to reconsider vote on appeal.

Pending theelec.

tion of Speaker,

Where an appeal has been decided, and by virtue of such decision a bill taken up and passed, it is too late to move a reconsideration of the vote on the appeal.—Ibid., 1, 31, pp. 860, 861.

Pending the election of a Speaker, the Clerk shall Clerk to decide decide all questions of order that may arise, subject to questions of orappeal to the House.-Rule 146.

der.

while another is

Not in order An appeal is not in order while another appeal is pending.-Cong. Globe, 1, 27, p. 154; 2, 29, p. 290. How questions The form of stating the question on an appeal is:

pending.

on, stated.

"Shall the decision of the Chair stand as the judgment of the House?"]

"All questions of order shall be noted by the Clerk, with the decision, and put together at the end of the journal of every session."-Rule 15.

APPROPRIATION BILLS.

General, when to be reported.

"It shall be the duty of the Committee on Appropriations, within thirty days after their appointment, at every session of Congress, commencing on the first Monday of December, to report the general appropriation bills for legislative, executive, and judicial expenses; for sundry civil expenses; for consular and diplomatic expenses; for the Army; for the Navy; for the expenses of the Indian Department; for the payment of invalid and other pensions; for the support of the Military Academy; for fortifications; for the service of the Post Office Department, and for mail transportation by ocean steamers; or, in failure thereof, the reasons of such failure. And said committee shall have leave to report General, may be reported at any said bills (for reference only) at any time. In all time. cases where appropriations cannot be made specific in Amount of ap amount the maximum to be expended shall be stated, must be stated. and each appropriation bill when reported from the committee shall, in the concluding clause, state the sum total of all the items contained in said bill."—Rule 77.

"In preparing bills of appropriation for other objects, the Committee on Appropriations shall not include appropriations for carrying into effect treaties made by the United States; and when an appropriation bill shall be referred to them for their consideration which contains appropriations for carrying a treaty into effect, and for other objects, they shall propose such amendments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropriations for other objects."-Rule 76.

But where a general appropriation bill containing an item for carrying out a treaty has been committed by the House, it cannot be ruled out of order by the Committee of the Whole.-Cong. Globe, 2, 31, pp. 356, 357.

propriations in,

Appropriations

for carrying out treaties not to be

included in.

But where comruled out of order.

mitted cannot be

Amendment to

general.

All proceedings touching, to be

Committee of the
Whole.

"No appropriation shall be reported in such general appropriation bills, or be in order as an amendment thereto, for any expenditure not previously authorized by law, unless in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several Departments of the Government."-Rule 120. [It has been decided that under this rule it is not in order to propose an amendment to a general appropriation bill, which changes an existing law.-Journal, 1, 38, pp. 598, 599. But it was also decided that the latter branch of the rule not only permitted amendments increasing salaries, but was framed for that very purpose.-See Cong. Globe, vol. 54, pp. 306, 325-also Cong. Globe, vol. 6, p. 224.]

[This rule is rigidly enforced, so far as relates to amendments offered in the House or in committee, but it not unfrequently happens that bills are reported which are in conflict with it; and as they are usually received by the House and committed without being read in extenso, the conflict is not discovered until they are considered in committee, when it is too late (unless it is reserved in the House) to make the point.]

"All proceedings touching appropriations of money first discussed in shall be first discussed in a Committee of the Whole House."-Rule 112. [The construction given to this rule is, that all bills, or amendments thereto, containing an appropriation of money, must be committed to a Committee of the Whole before being considered in the House; hence, if such a bill, on its engrossment, or third reading, or such an amendment, be pending before the House, and no motion is made to commit or postpone, the House must pass from its consideration, and the bill go to the Speaker's table. But House bills with Senate amendments reducing the amount of, or restricting appropriations, need not be committed.]

Bills which need not be committed

as.

But a bill directing the disbursement of money already appropriated-Journal, 1, 24, p. 254-or directing payment of money hereafter to be appropriated-Journal, 1, 31, p. 1216; 1, 38, p. 538-need not be committed. Neither is it necessary that a bill containing an appropriation of lands should be committed.-Journal, 1, 30, p. 526. And