PRIVILEGE OF THE FLOOR-PROTEST.

293

Alleged misconduct on the part of an officer of the House-Journal, 1, 44, p. 868.

The previous question applies upon a question of privilege as well as in other cases.-Journal, 2, 27, pp. 573, 576; 1, 28, p. 882.

PRIVILEGE OF THE FLOOR.

(See FLOOR.)

PRIVILEGED QUESTIONS.

[Privileged questions are those to which precedence is given over other questions by some rule or special order of the House, and are of different grades among themselves.]

Motions to fix the day to which the House shall adjourn, and to adjourn, shall be "always in order."-Rule 44, p. 111. Motions to reconsider take precedence of all questions, except a motion to adjourn.— Rule 49, p. 112. Motions for an adjournment of more than three days, with the concurrence of the Senate, are privileged.—Journal, 2, 37, pp. 718 to 720. [And so, also, according to the usage, are motions to take a recess, to fix the day of final adjournment, and for a call of the House.] Motions to go into a Committee of the Whole House on the state of the Union, and to close debate in Committees of the Whole, may be made "at any time."—Rule 104, p. 128. Reports from the Committee on Enrolled Bills and the Committee on Printing may be made "at any time."-Rules 100 and 101, p. 126.

Reports of the general appropriation bills by the Committee on Appropriations, at any time.-Rule 77, p. 121. Reports of the Committee of Ways and Means, at any time.-Rule 151, p. 141. Motions to make any of the general appropriation bills a special order, at any time.-Rule 119, p. 129. The report of a committee of conference is held to be so highly privileged as to be in order, even pending a motion for a call of the House.-Journal, 1, 31, p. 1590.

PROTEST.

It is not a matter of right and parliamentary privilege to have received and entered upon the Journal a protest of members against the action of the House.-Cong. Globe, 1, 31, pp. 1579, 1588. See also Journal, 2–45, pp. 921–927.

294 PUBLIC BUILDINGS AND GROUNDS, COMMITTEE ON.

PUBLIC BUILDINGS AND GROUNDS, COMMITTEE ON.

When appointed, and number of members of.-Rule 74, p. 119. Duties of.— Rule 96, p. 125.

It shall also determine the necessity of furnishing or refurnishing any of the rooms exceeding the cost of $100 per annum.-Journal, 3, 40, p. 518.

The House restaurant shall be placed in charge of said committee, with the same powers heretofore possessed by the Committee on Revisal and Unfinished Business.-Journals, 2, 40, p. 111; 1, 41, p. 201.

PUBLIC DOCUMENTS.

By the act of June 23, 1874, the term "public document" is defined to be all publications printed by order of Congress, or either house thereof.-Sess. Laws, 1, 43, p. 237.

(See POSTAGE.)

"The Clerk shall have preserved for each member of the House an extra copy, in good binding, of all the documents printed by order of either house."-Rule 18, p. 106.

[In addition thereto, there is deposited, as soon as printed, in the document-room, a copy of each document, subject to the order of each member; and where extra copies of a document are ordered, they are sent, as soon as printed, to the folding-room, from whence they are distributed pro rata among the members.]

"There shall be retained in the library of the Clerk's office, for the use of the members there, and not to be withdrawn therefrom, two copies of all the books and printed documents deposited in the library."-Rule 17, p. 106.

e reserved documents are bound in volumes of ap eep and calf), and are distributed as follows:

(See also PRINTING, PUBLIC, and FRANKING PRI

296 PUBLIC EXPENDITURES, COMMITTEE ON—QUORUM.

PUBLIC EXPENDITURES, COMMITTEE ON.

When appointed, and number of members of.-Rule 74, p. 119. Duties of.-Rule 85, p. 123.

PUBLIC LANDS, COMMITTEE ON THE.

When appointed, and number of members of.-Rule 74, p. 119. One delegate to be added to.-Rule 162, p. 142.

Duties of.-Rule 80, p. 122.

Allowed a clerk.-Journal, 2, 37, p. 760.

PUBLIC PRINTING AND PUBLIC PRINTER.

(See PRINTING, PUBLIC, and PRINTING, COMMITTEE ON.)

QUESTIONS.

"The Speaker shall rise to put a question, but may state it sitting."-Rule 3, p. 103.

Questions shall be distinctly put in this form, to wit: "As many as are of opinion that (as the question may be) say 'Aye;'" and, after the affirmative voice is expressed, "As many as are of the contrary opinion, say 'No.'"-Rule 4, p. 103.

(See also TELLERS and YEAS AND NAYS.)

"While the Speaker is putting any question, none shall walk out of or across the House, nor entertain private discourse.”—Rule 65, p. 117.

(See DIVISION OF QUESTIONS.)

(See MOTIONS.)

In case of an equal division on a question, the question shall be lost. Rule 7, p. 104. (See also TIE VOTE.)

QUORUM.

"The House of Representatives shall be composed of members chosen every second year by the people of the several States "— Const., 1, 2, 5-and "a majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and 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.

In view of the foregoing clauses of the Constitution, it was decided, during the Thirty-seventh Congress, to which several of the States bad failed to send Representatives, that a majority of the members chosen constituted a quorum to do business.-Journal, 1, 37, p.

117.

When, from counting the House on a division, it appears that there is not a quorum, the matter continues exactly in the state in which it was before the division.-Manual, p. 86.

A quorum of the House for the purpose of choosing the President shall consist of a member or members from two-thirds of the States.-Const., 2, 1, 16.

Tellers may be ordered upon motion, seconded by at least onefifth of a quorum of the members.-Rule 4, p. 103.

The Speaker each day on the meeting of the House, "and on the appearance of a quorum, shall cause the Journal of the preceding day to be read.”—Rule 1, p. 103. And it is a very common practice, when no quorum is present upon the Speaker taking the chair, for him to entertain a motion for a call of the House before causing the Journal to be read.-Journal, 1, 35, p. 840.

Where less than a quorum is present, a motion to take a recess is not in order; and no motion is in order except for a call or to adjourn.-Journals, 1, 29, p. 356; 2, 29, p. 343; 2, 32, p. 388.

"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 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 126, p. 133. And as soon (after rising for such purpose) as a quorum is ascertained to be present, the House must return into Committee.-Journal, 2, 27, p. 292.

"Whenever, during business, it is observed that a quorum is not present, any member may call for the House to be counted, and, being found deficient, business is suspended."-Manual, p. 59; also p. 66.

Where the roll-call discloses the absence of a quorum, the Chair cannot go outside of the record in deciding as to the presence of a quorum.-Journal, 1, 44, p. 1078.

(See also CALLS OF THE HOUSE.)