Entered according to Act of Congress, in the year 1867, by J. M. BARCLAY, In the Clerk's Office of the District Court for the District of Columbia. BARCLAY'S DIGEST OF THE RULES AND PRACTICE OF THE HOUSE OF REPRESENTATIVES U. S. ABSENCE FROM THE HOUSE. less by leave or "No member shall absent himself from the service of the, Prohibited, unHouse, unless he have leave, or be sick or unable to attend." from inability to -Rule 33. attend. Less than a quo "A smaller number than a quorum may be authorized to rum may be aucompel the attendance of absent members, in such manner and thorized to compel under such penalties as each house may provide."-Const., 1, 5, 8. "Any fifteen members (including the Speaker, if there be one) shall be authorized to compel the attendance of absent members."-Rule 34. For mode of proceeding in case of the absence of members, see CALLS OF THE HOUSE. By the act of August 16, 1856, it is made the duty of the Sergeant-at-Arms to deduct from the monthly payments of members 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. attendance. Fifteen members pel attendance. authorized to com Proceedings in case of. Deduction from compensation for. By the Joint Resolution of July 17, 1862, active employ- Valid excuse for. ment in military service for the suppression of the rebellion is declared to be a valid excuse for absence tion from compen without pay, from duty in Congress. And it is further declared that when Further deducany Senator or Representative shall hereafter withdraw from sation for, without his seat in anticipation of the adjournment of Congress and leave. 4 ABSENCE FROM COMMITTEES OF THE WHOLE-ACCOUNTS, COM. Of. When no quo rum by reason of, 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 Representatives.-Stat. at Large, Vol. XII, p. 628. ABSENCE FROM COMMITTEES OF THE WHOLE. "Whenever the Committee of the Whole on the state of roll to be called. 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 absentees all such as failed to answer to their names when called.] Its number, and when appointed. Duties of. 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. ACTS AND ADDRESSES. Acts and addresses shall be signed by the Speaker.— Rule 8. ADDRESS TO THE PRESIDENT. "Whenever the Senate and House of Representatives shall judge it proper to make a joint address to the President, it ACCOUNTS FOR PAY AND MILEAGE-ADJOURN, MOTION TO. 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. 5 tions on amendbetween the mentre The questions respecting amendments from another house, One of the quesare: 1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhere Manuals, p. 110—and take precedence in that order. Order in putting -Journals, 1, 23, p. 229; 1, 34, p. 1516 to 1518. question on. two conferences "In the ordinary parliamentary course, there are two free. Usually at least conferences, at least, before an adherence"-Manual, p. 122 before adherence. -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. 122. one house adheres. A conference may take place after a vote of adherence by Conference after 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. 125. After each house lost. "After each house shall have adhered to their disagreement, adheres, bill, &c., a bill or resolution shall be lost."-Joint Rule 15. (See AMENDMENTS BETWEEN THE TWO HOUSES and CONFERENCE COMMITTEES.) ADJOURN, MOTION TO. And to fix the day of next meet ing always in or der. no sent. 'A motion to adjourn, and a 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 Not debatable. been decided and acted upon that the motion "to fix the day Motion to fix the to which the House shall adjourn" take precedence of a motion deuce of. Unless "to adjourn;" the reason being that, before the House adjourns, quorum preit is proper to fix 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.] three days is privi A resolution proposing, with the concurrence of the Senate, For more than an adjournment for more than three days is held to be privi- leged. leged.―Journal, 2, 37, pp. 718 to 720. while another "A motion for adjournment cannot be made while another Cannot be made is speaking."-Manual, p. 81. [But, according to the prac- member Is speaktice, a member speaking may yield for a motion to adjourn, or yields for. ing, unless he Not in order while voting on that the committee rise, without losing his right to the floor when the subject is resumed.] 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. 94. Cannot be amen. ded. When may be repeated. Hour of making to be entered on Journal. Motion to fix the hour to which the journ. "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. 131. A motion to adjourn may be repeated, although no question has been put or decided since the former motion-Journal, 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.j "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 til an ment. "If a question be put for adjournment, it is no adjourn ment till the Speaker pronounces it.”—Manual, p. 131. There must be an adjournment before the legislative day adjourn 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 place at 12 o'clock a. m. on Sunday, nor is it against order for a majority to continue in session after the said hour, it being a question For the House to which must be left to be decided by the judgment and discretion of the House itself.-Journal, 1, 24, pp. 577, 582. determine when it shall adjourn. House cannot ad journ of itself for "Neither House, during the session of Congress, shall, more than three without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting."-Const., 1, 5, 9. days. |