to all proceedings and matters whatsoever connected therewith, and the defense of such action shall thenceforth be conducted under the supervision and direction of the AttorneyGeneral. Stats. at L., vol. 18, p. 401.

(See Speaker, Clerk, Sergeant-at-Arms, etc.)

ORDER.

The Speaker shall preserve order and decorum; and in case of disturbance or disorderly conduct in the galleries, or in the lobby, may cause the same to be cleared.-Rule I, clause 2.

The chairman of the Committee of the Whole House shall, in case of disturbance or disorderly conduct in the galleries, have power to cause the same to be cleared.—Rule XXIII, clause 1.

If any Member, in speaking or otherwise, transgress the rules of the House, the Speaker shall, or any Member may call him to order, in which case he shall immediately sit down, unless permitted on motion of another Member to explain, and the House shall, if appealed to, decide on the case without debate. If the decision is in favor of the Member called to order, he shall be at liberty to proceed, but not otherwise; and, if the case require it, he shall be liable to censure, or such punishment as the House may deem proper.-Rule XIV, clause 4.

The rules of proceeding in the House shall be observed in Committees of the Whole House so far as they may be applicable.-Rule XXII, clause 8.

If a Member is called to order for words spoken in debate, the person calling him to order shall indicate the words excepted to, and they shall be taken down in writing at the Clerk's desk and read aloud to the House, but he shall not be held to answer, nor be subject to the censure of the House therefor if further debate or other business has intervened.Rule XIV, clause 5. [The provisions of this clause are held to be applicable in Committee of the Whole.]

When in the course of debate words are taken down as being in violation of the rules, the motion first in order is that the member who has spoken them be permitted to explain; after which explanation, a motion is in order that he be permitted to proceed in the debate.-Journal, 2, 53, p. 132.

A point of order will lie against each paragraph of a preamble or resolution disrespectful to the House in like manner, as if the words were spoken in debate.-Journal, 1, 49, p. 2547.

Whenever a point of order is made that any matter or proceeding is in violation of the honor, dignity, or privileges of the House, it is not a question for the Chair, but for the House itself to determine.-Journal, 1, 49, p. 2548.

A committee can not punish a breach of order in the committee or gallery. It can only rise and report it to the House, who may proceed to punish.-Manual, p. 145; Journal, 1, 28, p.

846.

If repeated calls do not produce order the Speaker may call by his name any Member obstinately persisting in irregularity.-Manual, p. 130.

See instance where the Speaker took the chair in Parliament to 66 suppress disorder" in Committee of the Whole.Manual, p. 123. See, also, instance in House of Representatives, where the Speaker took the chair under similar circumstances, in case of menacing language and conduct of a Member of the House.-Journal, 3, 46, p. 114.

In cases of great heat, confusion, or disorder, in Committee of the Whole, the Speaker has taken the chair in order to restore order. (See Manual, pp. 123, 124; also Journal, 3, 46, p. 114.)

A Member, being called to order in Committee of the Whole for violating the rules as to debate, was called upon by the Chairman to take his seat, but refused to do so. The Member persisting in his refusal to comply with the direction of the Chair, the Chairman announced that the committee would rise that the House might enforce its rules; whereupon the Member took his seat, and the committee continued in session without rising. The question then being put to the committee-Shall the Member be permitted to explain?—the committee refused to permit him to proceed.-1, 52, Cong. Rec., p. 4690.

It shall be the duty of the Sergeant-at-Arms to attend the House and Committee of the Whole during their sittings; to maintain order under the direction of the Speaker and chairman, and, pending the election of a Speaker or Speaker pro tempore, under the direction of the Clerk.-Rule IV, clause 1. 5585-29

Pending the election of a Speaker or Speaker pro tempore the Clerk shall call the House to order, preserve order and decorum, and shall decide all questions of order that may arise, subject to appeal to the House.-Rule III, clause 1.

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.

The objection that a proceeding is contrary to the rules is waived if not made at the time of its occurrence.-Congressional Record, 1, 51, p. 4382.

A demand for the regular order of business is equivalent to an objection, and may interrupt a Member asking unanimous consent and prevent him from fully stating his request.-Journal, 1, 52, p. 351.

Each House has exclusive control and jurisdiction of the corridors in its own wing of the Capitol, and a proposed resolution directing the officers of the House to remove obstructions from the corridors of the Senate wing is against order.-Journal, 2, 50, p. 770.

A question of order arising out of any other question must be decided before that question.-Manual, p. 155.

(See Business, Daily Order of; Appeal; Special Orders; Questions of Order.)

PACIFIC RAILROADS, COMMITTEE ON THE.

(See Committees.)

PAIRS.

Pairs shall be announced by the Clerk, after the completion of the second roll call, from a written list furnished him, and signed by the Member making the statement to the Clerk, which list shall be published in the Record as a part of the proceed ings immediately following the names of those not voting: Provided, Pairs shall be announced but once during the same legislative day. Rule VIII, clause 2. Before the adoption of this rule, in the second session Forty-sixth Congress, "pairs" were not recognized in the rules of the House.

PAPERS.

Papers previously referred to committees may be withdrawn for the purpose of reference, but not otherwise without consent of the House.

(See Withdrawal of Papers.)

All papers accompanying Senate bills are restored to that body as soon as the bill passes the House; and should the bill fail to pass the House, then at the close of the Congress; and the same course is pursued by the Senate with respect to papers accompanying House bills.

It is ordinarily impracticable for the Speaker to determine from a private inspection whether a paper submitted presents a question of privilege, it being necessary that the paper be read in order that the House may act advisedly in case of an appeal.―Journal, 1, 49, pp. 514, 515.

The request of a conference must always be by the House which is possessed of the papers.-Manual, p. 176.

In all cases of conference asked after a vote of disagreement, etc., the conferees of the House asking it are to leave the papers with the conferees of the other.-Manual, p. 177.

When there has been a disagreement of a conference committee a further conference may be asked by either House, but the papers must be in the possession of the House asking the conference at the time the motion or resolution to that effect is presented for consideration.-Journal, 1, 52, p. 229.

Whenever there shall be in any one of the Executive Departments of the Government an accumulation of files of papers, which are not needed or useful in the transaction of the current business of such Department and have no permanent value or historical interest, it shall be the duty of the head of such Department to submit to Congress a report of that fact, accompanied by a concise statement of the condition and character of such papers. And upon the submission of such report, it shall be the duty of the presiding officer of the Senate to appoint two Senators, and of the Speaker of the House of Representatives to appoint two Representatives, and the Senators and Representatives so appointed shall constitute a joint committee, to which shall be referred such report, with the

accompanying statement of the condition and character of such papers, and such joint committee shall meet and examine such report and statement and the papers therein described, and submit to the Senate and House, respectively, a report of such examination and their recommendation. And if they report that such files of papers, or any part thereof, are not needed or useful in the transaction of the current business of such Department, and have no permanent value or historical interest, then it shall be the duty of such head of the Department to sell as waste paper, or otherwise dispose of such files of papers upon the best obtainable terms, after due publication of notice inviting proposals therefor, and receive and pay the proceeds thereof into the Treasury of the United States, and make report thereof to Congress.-Stat. at L., vol. 25, p. 644. (See Files; Reading of Papers; Committees.)

PARAGRAPHS.

Bills raising revenue and general appropriation bills are considered by paragraphs or clauses.

The House or the Committee (of the Whole) may, by the vote of a majority of the Members present, at any time after the five minutes' debate has begun upon proposed amendments to any section or paragraph to a bill, close all debate upon such section or paragraph, or, at its election, upon the pending amendments only (which motion shall be decided without debate); but this shall not preclude further amendment, to be decided without debate.-Rule XXIII, clause 6.

A motion to close debate on a paragraph before it is reached. in Committee of the Whole, for amendment, is not in order.Journal, 1, 49, pp. 1736, 1737.

Bills other than general appropriation bills are usually considered by sections, and it has been held in order to close debate on a whole section which contained numerous paragraphs relating to different subjects. (See decision respecting River and Harbor bill.)-Congressional Record, 2, 48, p. 1605.

When a bill is considered in the House as in Committee of the Whole, the previous question may be moved on the several sections or paragraphs as they are reached.