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Every person who, having been summoned as, a witness by the authority of either house of Congress to give testimony or to produce papers upon any matter under inquiry before either house, or any committee of either house of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under 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.
No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he shall be examined by either house of Congress, or by any committee of either 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 one hundred and two fails to testify, and the facts are reported to either house, the President of the Senate or the Speaker of the House, as the case may be, shall certify the fact under the seal of the Senate or 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.
COMMITTEE OF THE WHOLE.
(See Rule XXIII.) The rules and practice of the House recognize two Committees of the Whole, viz: the Committee of the Whole House on the state of the Union, to which are referred public bills and public business, appropriating public money or property; and the Committee of the Whole House, to which are referred private bills and private business.
The quorum of a Committee of the Whole is the same as that of the House.—Manual, p 124.
It was held not to be in order for the Speaker, after the House votes to resolve into Committee of the Whole, to entertain a motion to adjourn or to fix the day to which the House shall adjourn, the effect of the vote being ipso facto to resolve the House into committee; Congressional Record, 2, 49, p. 917; and this has since been the practice. For the same reason, if
the point were made, it would not be in order to entertain a motion to reconsider the vote by which the House resolved into committee. (See Adjournment.)
A motion to discharge the Committee of the Whole from the consideration of a measure which has been partially considered in that committee is not a privileged motion.--Journal, 2, 45, p. 619.
It is not in order to move in the House to postpone the consideration of a bill pending in the Committee of the Whole before it has been reported to the House from that committee.Journal, 1, 52, p. 318.
The point that a bill should be first considered in Committee of the Whole may be made after the House has, by a vote, determined to consider it, if such consideration has not actually commenced.-Congressional Record, 1, 51, p. 2133.
SUBJECTS REQUIRED TO BE CONSIDERED IN.
All motions or propositions involving a tax or charge upon the people; all proceedings touching appropriations of money, or bills making appropriations of money or property, or requiring such appropriation to be made, or authorizing payments out of appropriations already made, or releasing any liability to the United States for money or property, shall be first considered in a Committee of the Whole, and a point of order under this rule shall be good at any time before the consideration of a bill has commenced.-Rule XXIII, clause 3.
An amendment of the Senate to a House bill must be considered in Committee of the Whole, if, being submitted in the House as an original proposition, it would be subject to that point.-Rule XX and Journal, 1, 48, pp. 1657, 1858.
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.
A bill extending time for the construction of a land grant railroad was held to be subject to the point of order that it must
be first considered in Committee of the Whole pursuaut to the provisions of Rule XXIII, clause 3.—Journal, 2, 44, p. 293.
Bills granting right of way to railroads through public lands, or over the streets of Washington, are subject to the point that they must be first considered in Committee of the Whole (pursuant to Rule XXIII, clause 3); the grant of such right of way being an appropriation of property of the United States.—Journal, 1, 52, p. 237; 2,53, p. 15.
Resolutions reported from the Committee on Printing, authorizing printing for the use of the House, are subject to the point of order that they must be first considered in Committee of the Whole.—Journal, 2, 46, p. 217.
A resolution reported from the Committee on Accounts for the payment of money out of the contingent fund of the House is subject to the point of order that its first consideration must be in Committee of the Whole.—Journal, 2, 52, p. 126. Journal, 2, 53, p. 421.
SUBJECTS NOT REQUIRED TO BE CONSIDERED IN.
The fact that an amendment adopted by the Senateincreases 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.
Authorizing the construction of a railroad through the Indian Territory is not an appropriation of Government property.—Congressional Record, 1, 51, p. 2166.
The fact that the execution of a proposed law might involve an increase in the expenditure of public money, is not sufficient to require that it be considered in Committee of the Whole.Journal, 1, 48, p. 1247. Journal 1, 44, p. 1333.
A bill for an investigation and ascertainment of certain claims, the result of which inquiry may be the basis of future appropriations, is not on that account subject to the point that it be first considered in Committee of the Whole.—Journal, 2, 48, p. 260. It must appear on the face of the bill that an additional appropriation will be required, and when the matter is one of argument or conjecture the Chair can not decide that such would necessarily be the case.—Journal, 1, 49, p. 1373. Record, 1, 50, February 8, 1887. Journal, 2,.50, p. 534. Journal, 1, 51, 315. Ibid., 726; Ibid., 972. .
A bill providing for the disposal by the Government of a franchise, for a consideration, is not a bill appropriating public property within the meaning of clause 3 of Rule XXIII, and is not required to be considered in Committee of the Whole.Journal, 2, 50, p. 534.
An appropriation bill having been considered in Committee of the Whole and recommitted to the Committee on Appropriations, and being by the latter committee again reported to the House, without additional items of appropriation, is not subject to the point that it should be considered in Committee of the Whole.—Congressional Record, 1, 50, p. 4793.
A special order assigning a certain day for the consideration of a bill was held to be a waiver of the point that its first consideration should be in Committee of the Whole.—Journal, 2, 47, p. 181.
When a bill which is in Committee of the Whole is made a special order, the effect of such order is to bring the bill into the House for consideration.—Congressional Record, 2, 49, p. 42.
A bill, which neither makes nor requires an appropriation, but which makes a certain object eligible, in the discretion of an officer of the Government, to receive part of a permavent appropriation, is not subject to the point that it must be first considered in Committee of the Whole.-Journal, 1, 52, pp. 311, 312.
A bill which proposes to change the manner of expenditure of money already appropriated, is not required to be first considered in a Committee of the Whole.—Journal, 2, 45, p. 782.
When the rules have been suspended for the purpose of enabling the report of a measure to be made, and also for its consideration, a point of order that it contains an appropriation can not be well taken.—Journal, 1, 34, pp. 1172, 1173. MOTION TO RESOLVE INTO, WHEN IN ORDER.
At any time after the expiration of the morning hour it shall be in order to move that the House resolve itself into the Committee of the Whole House on the state of the Union for the purpose of considering bills raising revenue, or general appropriation bills.-Rule XVI, clause 9.
The motion to resolve into Committee of the Whole to consider revenue or general appropriation bills takes precedence of the unfinished business previously reported from the Committee of the Whole, unless the previous question has been ordered on the latter.
Unfinished business, if any, having been disposed of, motions shall be in order as follows:
First. That the House resolve itself into the Committee of the Whole House on the state of the Union to consider, first, bills raising revenue and general appropriation bills, and then other business on its calendar.
On Friday of each week, after the morning hour, it shall be in order to entertain a motion that the House resolve itself into the Committee of the Whole House to consider business on the Private Calendar; and if this motion fail, then public business shall be in order as on other days.-Rule XXIV, clause 6.
When a committee, privileged to report at any time, reports a measure which must be first considered in Committee of the Whole, it is in order immediately after such report is made to move to resolve into Committee of the Whole to consider it. Otherwise the right to consider the privileged report could not be enforced.—Journal, 1, 49, p. 2360; 2,53, p. 145.
On Fridays the consideration of bills previously reported from the Committee of the Whole House has precedence over the motion to resolve into Committee of the Whole House.Congressional Record, 1, 51, p. 2237. PROCEEDINGS IN.
The particulars in which these differ from proceedings in the House are the following: 1. In a committee every member may speak as often as he pleases. 2. The votes of a committee may be rejected or altered when reported to the House. 3. A committee, even of the whole, cannot refer any matter to another committee. 4. In a committee no previous question can be taken; the only means to avoid an improper discussion is to