agree, yet if the House has disagreed and subsequently the amendments are again before the House, the motion to revede and agree takes precedence over the motion to recede and agree with an amendment.-Mr. Richardson, Speaker pro tempore. Journal, 2, 53, p. 557. For, if the House refuse to recede and agree absolutely, either the motion to insist or the motion to recede and agree with an amendment would still be in order. (See Manual, p. 164.)

In the ordinary parliamentary course there are two free conferences, at least, before an adherence-Manual, p. 177; Journals, 1, 31, 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. 176. A motion to insist, however, takes precedence of a motion to adhere. Journal, 1, 31, pp. 1518, 1526. (See Conference Committees.)

After one house has adhered, the other may recede-Journals, 1, 1, pp. 113, 114; 1, 2, p. 152; 1, 8, pp. 671, 673—or ask a conference, which may be agreed to by the adhering house.Journals, 1, 1, pp. 156, 157; 1, 3, pp. 281, 283; 1, 35, pp. 604, 615,620. (See Adhere, motion to.)

Pending the consideration, by the House, of Senate amendments to a House bill, it is not in order to amend the text of the bill which has been agreed to by both houses.-Congressional Record, 2, 48, p. 2304.

A report on Senate amendments does not present a privileged question until there has been a disagreement by the House to such amendments, even though the Senate has requested a conference thereon.—Congressional Record, 1, 49, p. 7333.

Senate amendments to House bills are referred to committees, and the request by the Senate for a conference does not render their consideration privileged until there has been an actual disagreement between the houses.-Journal, 2, 50, p. 348.

An amendment proposed to a Senate amendment must be germane thereto.-Congressional Record, 2, 50, p. 2454.

Any amendment of the Senate to any House bill shall be subject to the point of order that it shall first be considered in the Committee of the Whole House on the state of the Union,

if, originating in the House, it would be subject to that point.— Rule XX.

The fact that an amendment adopted by the Senate increases the amount of appropriation for a certain item does not subject the amendment to the point of order that it be first considered in Committee of the Whole.-Journal, 3, 46, p. 558.

Amendments of the Senate to a House bill are not required to be considered in Committee of the Whole where they provide no new item of taxation or appropriation.-Congressional Record 1, 51, p. 10190.

Several amendments of the Senate to a House bill being under consideration, they are considered as respectively reached in order, and may be either acted on directly by the House or referred to the Committee of the Whole, according to the character of each amendment. (See proceedings on Senate amendments to the bill H. R. 5667, Congressional Record, 1, 48, July 3, 1884.)

An amendment of the Senate providing for a new and distinct subject-matter of taxation or of appropriation not included in the original House bill must receive consideration in Committee of the Whole before being acted on by the House, and when such amendment is laid before the House it must be referred to a standing or select committee pursuant to Rules XXIV and XI.-Journal, 2, 52, p. 68, and Congressional Record, 2, 52, p. 1150.

An amendment of the Senate not requiring consideration in Committee of the Whole is, when laid before the House for action, subject to the motion to commit and other parliamentary motions, provided the previous question is not demanded or ordered on the motion to concur.-Journal, 2, 52, p. 101.

'A motion to refer Senate amendments to a committee takes precedence over the motion to concur, for, otherwise, the refusal to concur being equivalent to nonconcurrence, the matter would in either event be concluded and the House precluded from committing the subject should it so desire.-Congressional Record, 1, 48, p. 3942. Refusal to recede is not, however, equivalent to insisting. (See Manual, p. 164.)

After the Journal is read and approved each day, the Speaker

shall lay before the House, for reference

*

such bills, resolutions, and other messages from the Senate as may have been received on previous days, * * and House bills

*

with Senate amendments which do not require consideration in Committee of the Whole may be at once disposed of as the House may determine.-Rule XXIV, clause 1.

Senate amendments to House bills which require consideration in the Committee of the Whole must be referred in the first instance to a standing or select committee of the House pursuant to Rule XI; but amendments of the Senate which do not require consideration in Committee of the Whole may be immediately acted on when laid before the House, and may be concurred in, disagreed to, or concurred in' with amendment, as the House may desire.-See decision of Speaker Crisp, and rulings of Speaker Carlisle and of Speaker Reed therein cited. Congressional Record, 2, 52, pp. 1150-1153. Journal 2, 52, p. 68; Ibid., p. 79.

The question of committing amendments of the Senate to a House bill, which amendments have not been previously considered by a committee of the House, is not debatable.-Rule XIII, clause 2; Journal, 2, 52, p. 101.

The House having disagreed to amendments of the Senate to a House bill, and a conference on the disagreeing votes having been ordered, it is competent for the House, pending the conference, to discharge its conferees from further consideration of the bill and amendments and recede from its disagreement to such amendments.-Journal, 2, 53, pp. 563, 564.

AMENDMENTS TO CONSTITUTION.

The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes as part of this Constitution, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress.-Const., Art. 5,

Questions of order decided by the Speaker shall be "subject to an appeal to the House by any Member; on which appeal no Member shall speak more than once, unless by leave of the House."-Rule I, clause 4. The questions of order herein referred to relate to motions or propositions, their applicability or relevancy, etc. But "all incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate."-Rule XVII, clause 3. Under the practice, all questions of order which may arise, pending a question which is not debatable, must be decided without debate. It is customary, however, for the Speaker or chairman of the Committee of the Whole to permit a brief discussion of the point of order, if the question be a new one, which, of course, can only be done by unanimous consent.

Pending the election of a Speaker, the Clerk shall decide all questions of order that may arise, subject to appeal to the House.-Rule III, clause 1.

It has been frequently held by the Clerk, however, at the commencement of a Congress, that until a Speaker is elected, final discretion was vested in the Clerk by law in the matter of preparing the roll of members-elect; and a motion to correct the roll being held out of order, the Clerk declined to entertain an appeal from his decision. (See Journals of the proceedings at the commencement of the Forty-first, Forty-third, Fortyfourth, Forty-fifth, Forty-sixth, and Forty-seventh Congresses.)

If any difficulty arises in point of order during the division, the Speaker is to decide peremptorily, subject to the future censure of the House, if irregular.-Manual, p. 170.

An appeal can not be taken from the decision of the Chair on a question of recognition.-Journal, 1, p. 51, p. 177.

An appeal may be laid on the table-Journal, 1, 26, p. 529— and, being laid on the table, does not carry with it the whole subject.-Ibid., p. 530. Of late years this motion is almost invariably made in case of an appeal; and, if carried, its effect is substantially to sustain the decision of the Chair.

It was the practice formerly for a Committee of the Whole

to rise and report questions of order for the decision of the Speaker or of the House, and not to entertain appeals from the Chair to the committee.-Journal, 1, 44, p. 945.

The later practice has been to submit appeals to the committee, instead of reporting the question to the House.

A question of order just decided on appeal can not be renewed, even upon the suggestion of additional reasons.-Ibid., 1, 32, p. 935.

Where an appeal has been decided, and by virtue of such decision a bill taken up and passed, it is too late to move a reconsideration of a vote on the appeal.-Ibid., 1, 31, pp. 860,

861.

An appeal is not in order while another appeal is pending.Congressional Globe, 1, 27, p. 154; 2, 29, p. 290.

An appeal can not be withdrawn after the yeas and nays have been ordered on a motion to lay such appeal on the table. Congressional Record, 1, 51, p. 6353.

The form of stating the question on an appeal is, "Shall the decision of the Chair stand as the judgment of the House?" or if in Committee of the Whole House, "Shall the decision of the Chair stand as the judgment of the committee?"

APPORTIONMENT OF REPRESENTATIVES.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.-Constitutional amendment XIV.

A bill making apportionment of Representatives among the several States presents a privileged question, the duty of mak ing an apportionment within every decade being imposed upon Congress by Article 1, section 2 of the Constitution.-Congres sional Record, 2, 51, p. 530.

Whenever a new State is admitted to the Union the Representative or Representatives assigned to it shall be in addition to the number three hundred and fifty-six.

In each State entitled under this apportionment the num ber to which such State may be entitled in the Fifty-third and each subsequent Congress shall be elected by districts com