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Entered according to Act of Congress, in the year 1875, by

JOHN M. BARCLAY,

in the Office of the Librarian of Congress, at Washington.

BARCLAY'S DIGEST

OF THE

RULES AND PRACTICE

OF THE

HOUSE OF REPRESENTATIVES U. S.

ABSENCE FROM THE HOUSE.

"No member shall absent himself from the service of, Prohibited, unless by leave or the House, unless he has leave, or be sick, or unable to from inability to attend."-Rule 33.

attend.

Less than a quorum may be au

pel attendance.

"A smaller number than a quorum may be authorized to compel the attendance of absent members, in such thorized to commanner and under such penalties as each house may provide."-Const., 1, 5, 8.

mem

"Any fifteen members (including the Speaker, if there bers authorized be one) shall be authorized to compel the attendance of to compel attendabsent members."-Rule 34.

ance.

case of.

For mode of proceeding in case of the absence of Proceedings in members, see CALLS OF THE HOUSE.

The Sergeant-at-Arms shall deduct from the monthly payments of each member 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.-R. S., Sec. 40.

Deduction from compensation for.

Further deduction from compen

out leave.

When any Senator or Representative shall hereafter withdraw from his seat in anticipation of the adjourn sation for, withment of Congress and 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 ow 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.-R. S., Sec. 41.

4 ABSENCE FROM COMMITTEE OF THE WHOLE-ADDRESS, &C.

When no quo

rum by reason of,

ABSENCE FROM COMMITTEES OF THE WHOLE.

"Whenever the Committee of the Whole on the state roll to be called. 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 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.

To be signed by the Speaker.

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 inetrested 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.

(See COMPENSATION.)

ACTS AND ADDRESSES.

Acts and addresses shall be signed by the Speaker.Rule 8.

Where to be presented, by whom, &c.

ADDRESS TO THE PRESIDENT.

"Whenever the Senate and House of Representatives shall judge it proper to make a joint address to the Pres

ADHERE, MOTION TO-ADJOURN, MOTION TO.

ident, it 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

amendments be

tween the two

The questions respecting amendments from another On questions on house are: 1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhere-Manual, p. 114-and take precedence Order in putting in that order.-Journals, 1, 23, p. 229; 1, 34, p. 1516 to

1518.

houses.

question on.

two conferences

"In the ordinary parliamentary course there are two Usually at least free conferences, at least, before an adherence”—Man- before adherence. ual, p. 126—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. 226.

ter one House

A conference may take place after a vote of adherence Conference afby one house.-Journals, 1, 3, pp. 281, 283; 2, 3, p. 254; adheres. 1, 34, pp. 1600, 1602; 1, 35, pp. 604, 615, 620; Senate Journal, Jan. 20, 1834; Manual, p. 129.

House adheres

"After each house shall have adhered to their disa- After each greement, a bill or resolution shall be lost."-Joint Rule bill, &c., lost. 15.

(See AMENDMENTS BETWEEN THE TWO HOUSES and CONFERENCE COMMITTEES.)

ADJOURN, MOTION TO.

And to fix the day of next meet

der.

Not debatable.

Motion to fix the day takes pre

no quorum pres

"A motion to adjourn, and a motion to fix the day to which the House shall adjourn, shall be always in order, ing always in orand these motions shall be decided without debate."Rule 44. It has been decided and acted upon that the motion "to fix the day to which the House shall adjourn" takes precedence of a motion "to adjourn;" the reason cedence of, unless being that, before the House adjourns, it is proper to ent. 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.]

Only one can be entertained while

Only one motion to adjourn can be entertained pendmotion to suspend ing a motion to suspend the rules.-Rule 161. rules pending. A resolution proposing, with the concurrence of the Senate, an adjournment for more than three days, is held to be privileged.—Journal, 2, 37, pp. 718 to 720.

For more than three days is privleged.

Cannot be made

while another

ing, unless he yields for.

"A motion for adjournment cannot be made while anmember is speak- other is speaking."—Manual, p. 85.-[But according to the practice, a member speaking may yield for a motion to adjourn, or that the committee rise, without losing his right to the floor when the subject is resumed.]

Not in

order while voting on

"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. 98.

amended.

Cannot be "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. 135.

repeated.

When may be 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, 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.]

Hour of making

to be entered on Journal.

"The hour at which every motion to adjourn is made shall be entered on the Journal."-Rule 45.

Motion to fix A motion to fix the hour to which the House shall adthe House shall journ does not take precedence of a motion to adjourn—

the hour to which

adjourn.

No adjournment till Speaker pronounces it.

does not end until

Journal, 1, 29, p. 186-and can only be made when resolutions are in order-Journals, 1, 29, p. 933, and 1, 44, p. 1026-[or under a suspension of the rules when in order.] "If a question be put for adjournment, it is no adjournment till the Speaker pronounces it."-Manual, p. 135.

Legislative day There must be an adjournment before the legislative an adjournment. day will terminate-Journal, 1, 33, p. 804-and an adjournment does not take place by reason of the arrival

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