PARLIAMENTARY PRACTICE.

The rules of parliamentary practice comprised in Jefferson's Manual shall govern the House in all cases to which they are applicable, and in which they are not inconsistent with the Standing Rules and Orders of the House and Joint Rules of the Senate and House of Representatives.-Rule XLIV.

Each House may determine the rules of its proceedings.Const., 1, 5, 2.

In the absence of a resolution adopting the rules of the House formally, the proceedings of the House are governed by the general parliamentary law, of which the practice of the House constitutes a part, in fact, the principal part.-Congressional Record, 1, 50, p. 109.

Under the general parliamentary law before the adoption of rules by the House, a Member may present a proposition for consideration whenever he is recognized for that purpose. It is for the House to say what it will do wlth the proposition. It may refer it to a committee, lay it on the table, or refuse to pass upon it in any shape.-Speaker Carlisle, Congressional Record, 1, 50, p. 39.

Before the adoption of a code of rules by the House, a resolution having been offered, and objection being made to its consideration, Speaker Carlisle held: "The resolution is before the House for consideration, in the absence of any rule at this time providing otherwise, and the only way to dispose of the resolution is to act on it or refer it.”—Congressional Record, 1, 50, p. 41.

The previous question is operative before the adoption of rules by the House (Journal, 1, 53, p. 23), being embraced in the parliamentary practice of the House.

Until rules are adopted this House is governed by the gen eral parliamentary law, such as has been established in the same manner that the common law of England was established, by repeated decisions, and the general acquiescence of the people in a system which governs all ordinary assemblies.-Speaker Reed, Record, 1, 51, p. 719.

Representative Reilly, in a carefully prepared argument, delivered in the House February 4, 1892, citing a number of

authorities, shows that in the clause of the Constitution, viz, "Each House may determine the rules of its proceedings," the intention was only to make the Senate and the House of Representatives each entirely independent of the other in the matter of regulating their respective procedures; that the House of Representatives is as much a continuing body as is the Senate, there never being a moment when the House is not in existence or when it may not be called together; and that it is within the power of the House of Representatives of one Congress to make rules which, until altered or repealed, shall govern its successors.

As early as the Third Congress, however, which began December 2, 1793, it was thought proper immediately after organization on the first day of the session to adopt this resolution:

"Resolved, That the rules and orders of proceedings of the late House of Representatives shall be deemed and taken to be the rules and orders of proceedings to be observed in this House until a revision or alteration of the same shall take place."Journal, 1, 3, p. 5.

A similar resolution was adopted at the beginning of the subsequent Congresses down to the Forty-ninth.

If the "rules of the House of Representatives," previously adopted, continued in force, this resolution was superfluous. It may thus be inferentially deduced that the rules of the House of a previous Congress were construed to be of temporary operation, and limited to the Congress in which they were created until their express readoption by the succeeding Congress.

In the Thirty-sixth Congress the following rule (identical with the present Rule XLV) was adopted: "These rules shall be the rules of the House of Representatives of the present and succeeding Congresses unless otherwise ordered."

And the same rule was readopted in the code of rules of each succeeding Congress, including the Fifty-second, except the Fifty-first. It has, however, been omitted from the rules of the Fifty-third Congress.

PATENTS, COMMITTEE on.

(See Committees.)

PAY OF MEMBERS.

(See Compensation.)

PENSIONS, COMMITTEE ON.

(See Committees.)

PERSONAL EXPLANATION.

While a Member is occupying the floor he may yield it to another for explanation of the pending measure, as well as for personal explanation.-Journal, 1, 32, p. 524.

When unanimous consent has been given for a personal explanation, the Member can not be interrupted by a single objection.-Congressional Globe, 1, 38, p. 1762.

When the privilege of making a personal explanation is given, the Member must confine his remarks to the matter upon which he has been criticised and in regard to which he has asked consent to make the explanation.-Congressional Globe, 2, 38, p. 503; 2, 39, p. 1651.

Personal explanations are often made by consent of the House when no question of privilege is involved.

It is not usual to note in the Journal a personal explanation by a member when no action or proceeding of the House or question of order is based thereon.-Journal, 2, 53, p. 435. (See Privilege, Questions of.)

PERSONALITY.

Every member "shall confine himself to the question under debate, avoiding personality."—Rule XIV, clause 1. (See also Debate and Disorder.)

PETITIONS.

Petitions or memorials are introduced and referred by delivering them to the Clerk with the name of the Member pre

senting them and the committee to which they are referred indorsed thereon.-See Rule XXII, clause 1.

Any petition or memorial or private bill excluded under this rule shall be returned to the Member from whom it was received; and petitions and private bills which have been inappropriately referred may, by direction of the committee having possession of the same, be properly referred in the manner originally presented; and an erroneous reference of a petition or private bill under this clause shall not confer jurisdiction upon the committee to consider or report the same.-Rule XXII, clause 2. Memorials or resolutions of State or Territorial legislatures are referred by the Speaker, pursuant to the latter clause.

All petitions and bills praying or providing for the satisfaction of private claims against the Government, founded upon any law of Congress, or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the Government of the United States, shall, unless otherwise ordered by resolution of the House in which they are introduced, be transmitted by the Secretary of the Senate or the Clerk of the House of Representatives, with all the accompanying documents, to the Court of Claims.-R. S., sec. 1060.

POINTS OF ORDER.

(See Appeul; Order; Questions of Order.)

POSTMASTER OF THE HOUSE.

The Postmaster shall superintend the post-office kept in the Capitol for the accommodation of Representatives, Delegates, and officers of the House, and be held responsible for the prompt and safe delivery of their mail.-Rule VI.

It is made his duty to make out a full and complete account of all the property belonging to the Government in his possession on the first day of each regular session and at the expiration of his term of service.-See R. S., sec. 72.

All mail addressed to Representatives, Delegates, officers, or employés of the House is brought, promptly on arrival, to the post-office of the House for delivery. The Postmaster also, un

less otherwise specially directed, delivers, twice a day (6 a. m. and 4 p. m.), at the lodgings or residences of Members, mail matter received up to the hour of beginning the delivery.

The post-office is open every day (Sundays included) throughout the year, whether Congress is in session or not. The Postmaster keeps a book in which is entered the addresses of Members and officers, as the same are changed from time to time, and forwards their mail accordingly.

POST-OFFICE AND POST-ROADS, COMMITTEE ON THE. Under the present rules this committee reports the Postoffice appropriation bill.

(See Committees.)

POSTPONE, MOTION TO.

The motion to postpone to a day certain, under the practice, admits of but very limited debate; but on a motion to postpone indefinitely the whole question is open to debate. When the consideration of a subject is postponed to a particular day, upon the arrival of that day it is entitled to be taken up, provided no question of privilege or other question of higher dignity be called up.

The effect of the previous question, if a motion to postpone is pending, is to bring the House to vote upon that motion.

The effect of postponing a bill to a day certain is equivalent to making it a special order for that day; and the business so postponed then comes up as the regular order without a motion, but is subject, of course, to the question of consideration.

When the previous question has been ordered on any motion or other question it is not in order, until after the vote is taken and the previous question exhausted, to move to postpone the further consideration of the subject.-Congressional Record, 1, 49, p. 7393.

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.