An amendment is an entirety, and if any part is subject to a point of order, the whole amendment in the form presented is out of order. (See Journal, 1, 47, p. 1704.) It may, however, be modified by omitting the obnoxious part, and thus be admissible.

It is virtually an amendment of the rules to impose other duties upon an officer of the House than those already prescribed. Journal, 1, 31, p. 156.

An amendment reported from the Committee of the Whole as an entire amendment is not divisible.-Journal, 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 30, p. 574. Nor is an amendment of the Senate divisible.—Journal, 2, 32, p. 401. It is, however, subject to the point of order that under Rule XX and Rule XXIII, clause 3, it must be first considered in the Committee of the Whole.

After the bill has been reported from the Committee of the Whole with amendment it is in order to submit an additional amendment, but the first question put is upon the amendment reported.―Journal, 1, 29, p. 865. If, in Committee of the Whole, an amendment is adopted, and subsequently the paragraph as amended is struck out, the amendment striking out is the only one to be reported to the House. And if the latter is voted down in the House, the first amendment is not thereby revived. Journal, 2, 31, p. 346.

It is the usual practice in the House, immediately upon the report of a bill from the Committee of the Whole, for the Member having it in charge to move the previous question, which, if carried, precludes the moving of further amendments in the House.

The motion to commit is amendable, as by adding instruc tions to the committee.-Journal, 2, 47, p. 1724.

Where a special order provides that certain amendments shall be voted on at a certain time, it is not in order to propose amendments to such specified amendments.-Journal, 1, 53, p. 18.

Where a special order provides that at a certain time after voting on certain specified amendments, a vote shall be taken on the engrossment and third reading of a bill, after the last specified amendment is voted on, no further amendment is in order. Journal, 1, 53, pp. 21, 22.

AMENDMENTS CHANGING LAW RETRENCHING EXPENDITURES,

(See Appropriation bills, post, p. 264.)

AMENDMENTS GERMANE,

No motion or proposition on a subject different from that under consideration shall be admitted under color of amend ment.-Rule XVI, clause 7.

An amendment need not necessarily be germane to the pending paragraph, but must be to the general provisions of the bill.-Journal, 2, 45, p. 1230.

A motion to commit with instructions to report a certain amendment is not in order if the proposed amendment is not germane or in order to the pending bill.-Journal, 1, 48, pp. 1247, 1248.

An amendment proposed to an amendment of the Senate must be germane to that amendment, and can not be held in order on the ground that it is germane to the subject-matter of the pending bill, the text of the bill, except as amended by the Senate, not being again open to amendment by the House.—Journal, 1, 48, pp. 1653, 1654.

To a bill reducing internal taxes, an amendment changing the duty and imposing certain other duties on imported merchandise was held to be in order as germane, it being necessary in determining the internal revenue to be derived from any article to consider also what the external revenue should be from articles of the same class.-Journal, 2, 41, p. 907.

To a bill regulating the collection of tax on one article, amendments changing the rate of taxation on other articles are considered germane and in order.-Journal, 3, 46, p. 415, 416.

To a resolution calling on a Department for information, a proposed amendment calling for information relative to an entirely different subject is not germane, and is out of order.— Journal, 1, 48, p. 683.

To a bill placing an officer on the retired list of the Army, an amendment in the nature of a substitute authorizing the payment of a pension to the beneficiary is not germane.-Journal, 1, 48, p. 703.

To a proposed provision appropriating money in aid of an exposition, an amendment providing, as a substitute, that a

commission be appointed by the Speaker to investigate the expenditures made by the managers of such exposition was held to be not germane.-Journal, 2, 48, p. 694.

To an amendment providing clerks for Senators, an amendment substituting a provision for clerks to Senators and Representatives was held to be germane.-Congressional Record, 2, 48, p. 2420.

An amendment providing clerks for Members of the House was held not to be germane to a resolution assigning clerks to committees.-Journal, 1, 50, p. 306.

An amendment prohibiting aliens from acquiring lands in the United States is not germane to a bill to secure the public lands to actual settlers.-Journal, 1, 50, p. 2222.

To a bill for the admission of a Territory into the Union as a State, an amendment providing for the admission of other Territories is not in order.-Journal, 2, 50, pp. 270, 293. (See also 2, 53, p. 453.) An amendment extending provisions of a bill for the benefit of one State, and applying same to another State, was also held not germane.-Journal, 2, 53, pp. 314, 315.

To a bill directing the coinage of the silver bullion in the Treasury, an amendment authorizing the issue of interest-bearing bonds, payable in coin, was held not germane.-Journal, 2, 53, p. 216. To the same bill, an amendment authorizing the exchange of silver bullion for legal-tender treasury notes was also held not germane.-Ibid., p. 247.

An amendment to an appropriation bill expressing the sense of the Government as to the manner in which funds appropriated should be distributed is not subject to the point of order that it is not germane to the bill.-Journal, 1, 52, p. 22.

To a revenue bill placing certain material on the free list an amendment providing that "for the purpose of supplying any deficiency in the revenues of the Government that may arise from the passage of this bill it is herein provided that the unit of value in the United States shall be the standard silver dollar," etc., and proceeding to embody the bill known as the free-coinage bill, was held to be not in order, the subject

of the proposed amendment being different from that of the bill under consideration.-Congressional Record, 1, 52, p. 3116. An appeal being taken, the decision was affirmed―ayes 87, noes 2.

To an item in the sundry civil appropriation bill making an appropriation for building a mint an amendment directing the coinage of bullion on deposit in the Treasury, and the issuance of same in payment of appropriations provided for in the bill, was decided out of order because not germane to the subject under consideration, and therefore in conflict with Rule XVI, Clause 7, and also because the amendment proposed was a change of existing law.-Congressional Record, 1, 52, p. 4181.

To a bill making appropriations for the Indian service, an amendment transferring the management of Indian affairs from the Department of the Interior to the War Department, but providing no reduction of expenditures, was held to be germane as an amendment, but being a change of law, and no retrenchment appearing as the result of the proposed change, was subject to the point of order.-Speaker Kerr, Cong. Record, 1, 41, p. 2822.

To the pension appropriation bill, a proposed amendment transferring the Pension Bureau from the Department of the Interior to the War Department, also providing that the offices of Commissiouer and Deputy Commissioner of Pensions be abolished and that the duties of those offices be performed by Army officers, to be designated for that purpose without additional pay, was held to be in order, being germane and retrenching expenditures in the manner provided in the rule.-Mr. Wilson, of W. Va., chairman, Cong. Record, 2, 52, pp. 1690, 1691.

An amendment authorizing extension of leave of absence to employés in the Public Printing Office held not germane to a provision authorizing such extension to employés in the Executive Departments.-Cong. Record, 2, 52, p. 1394.

An amendment proposing general provisions of law upon a private bill is not germane and not in order.-Journal, 1, 52, p.

312.

A proposition to amend the Constitution by providing for the

election of Senators by popular vote is not germane as an amendment to a joint resolution to amend the Constitution by changing the date of the commencement and termination of the terms of Senators and Members.-Journal, 2, 52, p. 39.

The jurisdiction of a committee of conference is confined to matters in dispute between the two Houses, and such committee has no authority to report, as an amendment, a provision which is neither germane to the text of the bill nor to the amendment which is the subject of disagreement.-Journal, 2, 52, pp.

137-139.

(See Appropriation Bills, Amendments to, post, p. 265.)

AMENDMENTS BETWEEN THE TWO HOUSES.

When either house, e. g., the House of Representatives, sends a bill to the other, the other may pass it with amendments. The regular progression in this case is that the House disagree to the amendment; the Senate insist on it; the House insist on their disagreement; the Senate adhere to their amendment.-Manual, p. 174.

Either house may recede from its amendment and agree to the bill; or recede from their disagreement to the amendment, and agree to the same absolutely, or with an amendment.— Manual, p. 174. And a motion to recede takes precedence of a motion to insist.-Journals, 1, 23, p. 229; 1, 29, p. 696. But the House can not recede from or insist on its own amendment with an amendment. They may modify an amendment from the other house by ingrafting an amendment on it.-Manual, p. 174.

* *

A motion to amend an amendment from the other house takes precedence of a motion to agree or disagree. A bill originating in one house is passed by the other with an amendment. The originating house agree to their amendment with an amendment. The other may agree to their amendment with an amendment, that being only in the second and not the third degree; for, as to the amending house, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to.-Ibid., p. 175.

While the motion to amend a Senate amendment takes precedence in the first instance over the motion to agree or dis5585-17