Additional penalty for failure of, to testify. to refuse to an questions. porter, and by commitment to the common jail of the District of Columbia.-Journals, 1, 12, pp. 276, 277; 2, 33, pp. 315, 318; 2, 34, pp. 269, 277, 281, 334, 567; 1, 35, pp. 371,387 to 389, 535 to 539. Any person summoned as a witness by authority of the House to give testimony or to produce papers upon any matter before the House or any committee thereof, who shall willfully make default, or who, appearing, shall refuse to answer any question pertinent to the matter of inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars nor less than one hundred dollars, and imprisonment in a common jail for not less than one month nor more than twelve months.-R. S., Sec. 102. Not privileged No witness is privileged to refuse to testify to any fact, swer criminating or to produce any paper respecting which he shall be examined by the House, or by any committee of the House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.-R. S., Sec. 103. Whenever a witness, summoned as mentioned in section 102, fails to testify, and the facts are reported to the House, the Speaker shall certify the fact under the seal of the House to the district attorney for the District of Columbia, whose duty it shall be to bring the matter before the grand jury for their action.-R. S., Sec. 104. Proceedings against, failing to testify. Motions to be reduced to. Words excepted to, to be taken down in. May be taken if desired by one WRITING. "Every motion shall be reduced to writing if the Speaker or any member desire it."-Rule 39. "If a member be called to order for words spoken in debate, the person calling him to order shall repeat the words excepted to, and they shall be taken down in writing at the Clerk's table."—Rule 62. YEAS AND NAYS. "The yeas and nays of the members of either house fifth of those pres- on any question shall, at the desire of one fifth of those present, be entered on the Journal."-Const., 1, 5, 9. ent. on passage of a for, may be made. "And in all cases" (on the passage of a vetoed bill) “the Must be taken votes of both houses shall be determined by yeas and vetoed bill. nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each house respectively."-Ibid., 1, 7, 10. The yeas and nays when demand may be called for while a vote on a division by tellers is being taken-Cong. Globe., 2, 28, p. 121-or while the Speaker is announcing the result of such vote—Ibid., 1, 29, p. 420—or even after the announcement, and before passing to any other business-Ibid., 1, 31, p. 277; but not after the result is announced, if delayed until the Speaker shall be in the act of putting another question.— Journal, 1, 32, p. 254. A quorum not necessary on or ["One-fifth of those present" has always been construed to mean one fifth of those who vote on the question dering. of ordering the yeas and nays, regardless of the fact as to whether or not a quorum is present.] After refusal of, not in order to re It is rot in order to repeat a demand for the yeas and nays which has been once refused.-Cong. Globe, 1, 29, peat demand. p. 304; 2, 30, p. 623; Journal, 1, 33, p. 939. Order of, or re An order of the yeas and nays-Journals, 1, 19, P. fusal of, may be 796; 1, 30 p. 405—or a refusal of the yeas and nays- reconsidered. Cong. Globe, 2, 30, p. 623-may be reconsidered. seconding previ ous question. The yeas and nays cannot be demanded on seconding Not in order on a demand for the previous question.-Journal, 2, 19, p. 493. Nor can they be taken on any question in Committee of the Whole.-Cong. Globe, 1, 28, p. 618. tee of the Whole. "In taking the yeas and nays on any question, the In taking, names to be called alphanames of the members shall be called alphabetically."-betically. Rule 35. And while they are being taken, no memberNo person or other person shall visit or remain by the Clerk's while being taken. table.-Rule 65. to visit Clerk's desk No debate after After the yeas and nays are ordered and a member one response has answered to his name, the roll-call must progress call of. without debate.-Cong. Globe, 1, 31, p. 1686. 66 on in House shall cused. ex When motion to be excused from Every member who shall be in the House when the Every member question is put shall give his vote, unless the House vote, unless shall excuse him. All motions to excuse a member from voting shall be made before the House divides, or before voting to be made. the call of the yeas and nays is commenced; and the question shall then be taken without debate."-Rule 42. vote where inter the bar. call is completed. No member to "No member shall vote on any question in the event ested, or without of which he is immediately and particularly interested, or in any case where he was not within the bar of the After the roll House when the question was put. When the roll-call is completed the Speaker shall state that any member offering to vote does so upon the assurance that he was within the bar before the last name on the roll was called: Provided, however, That any member who was absent by leave of the House may vote at any time before the result is announced."-Rule 29. After result announced. But the Speaker shall not entertain the request of a member to change his vote after announcement or to vote if not present when the vote was taken.-Rule 29. [A member of a committee of conference, according has privilege of to the recent practice, is understood to have leave of the one absent by leave. House to be absent on the duties of his committee.] Member of conference committee No member to vote if without bar. Names of mem bers not voting on corded. 66 Upon a division and count of the House on any question no member without the bar shall be counted."— Rule 41. (See BAR OF THE HOUSE.) The names of members not voting on any call of the call of, to be re- yeas and nays shall be recorded in the Journal immediately after the names of those voting in the affirmative and negative, and the same record shall be made in the Congressional Globe.-Rule 149. Member has A member has the right to change his vote before the right to change vote before decis- decision of the question has been finally and concluion finally pronounced. sively pronounced by the Chair.-Journal, 2, 20, pp. 357, 358. [But not afterwards.] Record of vote, And it is not competent for a member to have the be amended be- Journal amended, so as to have the record of his vote if correct, cannot cause of misappre tion. hension of ques- changed, upon a representation that such vote, though recorded as given, was given under a misapprehension.— Journals, 2, 8, p. 167; 2, 27, p. 263. Erroneous rec A member has a right to have an erroneous record of be corrected after his vote corrected after the announcement of the result ord of vote may result is declared. of a vote.-Journal, 1, 38, pp. 586, 587. INDEX TO BARCLAY'S DIGEST. / A. Absence from the House, prohibited, unless by leave, &c..... less than a quorum may compel absentees to attend. Absence from Committee of the Whole, when no quorum on account of. Accounts, Committee of, its number, and when appointed duties of.. Accounts for pay and mileage. (See Sergeant-at-Arms.) Acts and addresses, to be signed by the Speaker Address to the President, when and by whom to be presented.. usually two conferences before.. may be conference after, agreed to.. Adjourn, motion to, always in order motion to fix the day takes precedence of, unless no quo- Page. 3 3 3 34444 4 4 5 5 5 5 5 cannot be made while member is speaking unless he yields only one, in order pending a motion to suspend the rules member speaking may yield for.. not in order while House is voting. when it may be repeated hour of, to be entered on the Journal. takes precedence of motion to fix the hour of next meet- is not carried till the Speaker pronounces it.. must be carried before legislative day ceases. for more than three days not in order, except as a concur- for more than three days does not terminate session Adjourn, motion to fix the day to which the House shall, always in order. Adjourn, motion to fix the hour to which the House shall, Adjournment, sine die, form of resolution for.... resolution for, privileged. not debatable.... takes precedence of mo- when it takes place 56677 Page. 969 Agents for claims. (See Claim agents.) Agriculture, Committee on, when appointed, and number of. duties of Amendment, precedence of motion to amend motion to strike out enacting words takes precedence of... not cut off by the previous question an amendment to, in order, but in no higher degree may be an amendment to substitute, and also an amendment to. to Senate's amendment may be amended.. paragraph proposed to be inserted may be amended where paragraph inserted may be amended by adding to or by paragraph proposed to be struck out may be amended effect of failure to strike out motion to strike out and insert, indivisible after adoption of, proposition cannot be withdrawn. to railroad bills converting a resolution into a joint resolution not in order.. reported from the Committee of the Whole or Senate not divis- additional, may be moved after report of bill from Committee effect of striking out a paragraph in committee after amending it Amendments between the two houses, regular progression in case of, from disa- greement to adhere effect of adherence by both houses. either house may recede... motion to recede takes precedence of insisting.. 9 10 10 10 10 10 11 11 11 11 11 11 11 11 11, 12 12 not in order for House to insist or recede from its amendment 12 amendment to Senate's amendment in order... 12 House may amend Senate's amendment to House's amendment. after adherence by one house the other may recede. (See Ad- 13 Appeal, question of order arising out of a question to, to be first decided.. 13 13 after previous question moved no debate on 13 2222 223∞ no debate on, where member called to order for indecorum, &c.. from decision of the Clerk pending the election of Speaker questions of order and decisions on, to be noted at end of Journal.. 15 |