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for carrying out

included in.

"In preparing bills of appropriation for other objects, the Appropriations Committee of Ways and Means shall not include appropria- treaties not to be tions 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.

mitted cannot be

der.

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

general.

"No appropriation shall be reported in such general ap- Amendment propriation 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.

[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 to make the point.]

to

touching to be first discussed in Committee of the

"All proceedings touching appropriations of money shall All proceedings be first discussed in a Committee of the Whole House.". Rule 112. [The construction given to this rule is, that all Whole. 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.]

not be commit

But a bill directing the disbursement of money already Bills which need appropriated—Journal, 1, 24, p. 254—or directing payment ted as.

of money hereafter to be appropriated-Journal, 1, 31, p. 1216-need not be committed. Neither is it necessary that a bill containing an appropriation of lands should be comWhen point of mitted.-Journal, 1, 30, p. 526. And when the rules have been suspended for the purpose of enabling the report of a measure to be made, and also for its consideration, a point of order that it contains an appropriation cannot be well taken.-Journal, 1, 34, pp. 1172, 1173.

order on, cannot

be well taken.

Preference given

to general, in the House.

"General appropriation bills shall be in order in preference to any other bills of a public nature, unless otherwise General, may be ordered by a majority of the House. And the House may, der at any time. at any time, by a vote of a majority of the members present, make any of the general appropriation bills a special order." -Rule 119.

made special or

Preference given

to

general, in

Whole.

-

And in Committee of the Whole House on the State of the Committee of the Union, "general appropriation bills, and, in time of war, bills for raising men and money, and bills concerning a treaty of peace, shall be preferred to all other bills, at the discretion of the committee; and when demanded by any member, the question (of consideration) shall first be put in regard to them."-Rule 114. [Existing special orders, however (being made under a suspension of the rules), take precedence of all other business.]

Division of the question on, for

provements.

"Upon the engrossment of any bill making appropriations internal im of money for works of internal improvement of any kind or description, it shall be in the power of any member to call for a division of the question, so as to take a separate vote of the House upon each item of improvement or appropriation contained in said bill, or upon such items separately, and others collectively, as the members making the call may specify; and if one-fifth of the members present second said call, it shall be the duty of the Speaker to make such divisions of the question, and put them to vote accordingly.”— Rule 121.

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AYES AND NOES.

(See YEAS AND Nays.)

BALLOT.

"All committees shall be appointed by the Speaker un

less otherwise specially directed by the House, in which

case they shall be appointed by ballot; and if, upon such
ballot, the number required shall not be elected by a ma-
jority of the votes given, the House shall proceed to a second
ballot, in which a plurality shall prevail; and in case a greater
number than is required to compose or complete a committee
shall have an equal number of votes, the House shall proceed
to a further ballot or ballots."-Rule 67. "In all other
cases of ballot than for committees, a majority of the votes
given shall be necessary to an election; and where there shall
not be such a majority on the first ballot, the ballots shall be
repeated until a majority be obtained; and in all ballotings
blanks shall be rejected, and not taken into the count in enu-
meration of votes, or reported by the tellers."-Rule 12.
"In all cases of ballot by the House, the Speaker shall Speaker
vote.”—Rule 7.

shall vote in cases of.

person to visit Clerk's desk while counting.

not taken by.

"No member or other person shall visit or remain by the No Clerk's table while ballots are counting."-Rule 65. [There has been no instance for many years where a vote Vote of late years by ballot has been taken in the House, the Speaker and other officers having been elected by viva voce votes, and the committees appointed by the Speaker.]

(See ELECTIONS and COMMITTEES.)

BAR OF THE HOUSE.

6

members must

bar."

"No member shall vote in any case where he was not In order to vote within the bar of the House when the question was put. And be within the when any member shall ask leave to vote, the Speaker shall propound to him the question: Were you within the bar when your name was called?'"-Rule 29. [And upon his answer in the affirmative, or that he was within the bar before the name of the member next to his on the roll was called, he is permitted to vote. He must, however, answer the question for himself, the Speaker always very properly refusing to decide for him whether or not he was within the bar.]

by "within the

[At the 1st session 35th Congress (see Journal, p. 337), What is meant soon after the occupancy of the present hall, it was decided bar." that, in order to be entitled to vote, a member, when his

No vote of a member without the bar counted.

name was called, must have been upon the floor of the hall, and not outside of any of the doors leading into it.]

"Upon a division and count of the House on any question, no member without the bar shall be counted."-Rule 30.

How bills are introduced.

Revenue bills.

Bills on leave.

Bills on leave,

when and how

BILLS.

(See also PRIVATE BILLS AND PRIVATE BUSINESS.) Every bill shall be introduced on the report of a committee, or by motion for leave-Rule 115-or upon the report of the Court of Claims.-(Stat. at Large, Vol. X, pp. 613, 614.)

"All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments, as on other bills."-Const., 1, 7, 10.

"In the case of a bill on leave, at least one day's notice shall be given of the motion in the House, or by filing a memorandum thereof with the Clerk, and having it entered on the Journal; and the motion shall be made and the bill introduced, if leave is given, when resolutions are called for; such motion, or the bill when introduced, may be committed." -Rule 115.

"All the States and Territories shall be called for bills on introduced. leave and resolutions on each alternate Monday during each session of Congress; and, if necessary to secure the object on said days, all resolutions which shall give rise to debate shall lie over for discussion, under the rules of the House already established; and the whole of said days shall be appropriated to bills on leave and resolutions, until all the States and Territories are called through.-February 6, 1838. And the Speaker shall first call the States and Territories for bills on leave; and all bills so introduced during the first hour after the Journal is read shall be referred, without debate, to their appropriate committees: Provided, however, That a bill so introduced and referred shall not be brought back into the House upon a motion to reconsider."Rule 130.

[The notice above referred to is rarely given in the House (it being in order to give it there only when resolutions are

in order), but is usually given to the Clerk by sending to him

a written memorandum in this form: "Mr. gives notice Form of notice. that to-morrow, or on some subsequent day, he will ask leave

appear in news

for leave.

practice of intro

leave.

to introduce a bill (here insert its title)." If the member To have notice desires his notice to appear in the newspaper report of the paper. proceedings of the House, he should furnish the reporter of such paper with a copy of the memorandum furnished the Clerk. Having given his notice, it is then in order, on any subsequent day, when bills on leave and resolutions are being when to move called for, and when his particular State is called, to move for leave to introduce his bill. The practice of introducing Objections to the bills on leave, it may be remarked, however, does not facili-ducing bills on tate business. If, instead of waiting for an opportunity to introduce his bill on leave, the member would file his petition, or whatever other matter he may have in favor of the proposed legislation, and have it referred to the appropriate committee, as he may do on any day under Rule 131 (see PETITIONS), he will thus have the subject before them, and will get a bill reported as speedily as if it had been originally referred. Besides, the bill thus reported comes before the House unencumbered with amendments, as is not likely to be the case with a bill previously referred. These suggestions, of course, do not apply to cases where the immediate passage of a bill without the intervention of a committee is sought for, or where it is desirable to refer it to a select committee.]

reported

from committees.

For information in regard to bills reported from a com- Bills mittee, see COMMITTEES.

So in regard to bills reported from and to be referred to Bills the Court of Claims.-See CLAIMS, COURT OF.

66

reported of

from Court Claims.

have three read

'Every bill shall receive three several readings in the Every bill shall House previous to its passage; and bills shall be dispatched ings. in order as they were introduced, unless where the House shall direct otherwise; but no bill shall be twice read on the same day without special order of the house."—Rule 116. [The "special order" here referred to is generally assumed to have been given, for, unless objection is made, immediately after the bill is read a first time, the Speaker announces “the

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