gress, may be reprinted at the Public Printing Office, at the instance of Senators, Representatives, and Delegates in Congress, upon payment in advance to the Public Printer of the cost thereof with ten per centum added, the same as if originally printed in the Congressional Record.-Stats. at L., vol. 24, p. 311.

The scientific reports known as the monographs and bulletins of the Geological Survey shall not be published until specific and detailed estimates are made therefor, and specific appropriations made in pursuance of such estimates; and no engraving for the annual reports, or for such monographs and bulletins, or of illustrations, sections, and maps, shall be done until specific estimates are submitted therefor and specific appropriations made based on such estimates. And no more than an allotment of one-half of the sum hereby appropriated shall be expended in the two first quarters of the fiscal year, and no more than one-fourth thereof may be expended in either of the two last quarters of the fiscal year, except that, in addition thereto, in either of said last quarters, the unexpended balances of allotments for preceding quarters may be expended.—Stats. at L., vol. 21, p. 341.

The annual reports of the Smithsonian Institution shall be hereafter printed at the Government Printing Office, in the same manner as the annual reports of the heads of Departments are now printed, for submission in print to the two Houses of Congress. [March 3, 1885.]—Stats, at L., vol. 23, p.

520.

PRIORITY OF BUSINESS.

"All questions relating to the priority of business to be acted on shall be decided by a majority without debate."-Rule

XIV.

The previous question having been ordered on the third reading of two bills, and the same coming up on a subsequent day as unfinished business, the bill which has been first considered is first in order. The question of consideration may, however, be raised inasmuch as the House should have the right to determine which bill should be first considered.Congressional Record, 1, 18, p. 5543.

Two bills being made special orders for the same day, neither

has precedence over the other, and the measure first called up is first in order.-Congressional Record 1, 49, p. 4543.

On Fridays the consideration of private business previously reported from the Committee of the Whole House takes precedence over the motion to resolve into Committee of the Whole House to consider private business.-Congressional Record 1, 51, p. 2237; Journal, 2, 52, p. 33.

The motion to resolve into Committee of the Whole to consider general appropriation bills and the motion to resolve into Committee of the Whole to consider revenue bills are of equal privilege, and such motions being submitted, the motion first made should be first put.-Journal, 2, 52, p. 108.

When a question is under debate no motion shall be received but to fix the day to which the House shall adjourn, to adjourn, to take a recess, to lay on the table, for the previous question (which motions shall be decided without debate), to postpone to a day certain, to refer or amend, or to postpone indefinitely, which several motions shall have precedence in the foregoing order; and no motion to postpone to a day certain, to refer, or to postpone indefinitely, being decided, shall be again allowed on the same day at the same stage of the question.—Rule XVI, clause 4. When any one of the foregoing motions is received, another of lower dignity can not be entertained until the former is disposed of.

(See Privileged questions.)

PRIVATE BILLS.

DISTINCTION BETWEEN PUBLIC AND PRIVATE BILLS.

The line of distinction between public and private bills is so difficult to be defined in many cases that it must rest on the opinion of the Speaker and the details of the bill. It has been the practice in Parliament, and also in Congress, to consider as private such as are "for the interest of individuals, public companies or corporations, a parish, city, or county, or other locality." To be a private bill, it must not be general in its enactments, but for the particular interest or benefit of a person or persons. A pension bill for the relief of a soldier's widow is a private bill; but a bill granting pensions to such persons as a class, instead of as individuals, is a public bill. Bills for the incorporation of companies, whose operations are

confined within the District of Columbia, have been treated as private; but where such companies are authorized to have agencies and transact business outside of the limits of the District, they are treated as public. Bills granting lands for railroads have always been held to be public; while a bill authorizing the extension of a railroad into the District of Columbia, or conferring certain privileges upon such a corporation, has been held to be private.

A bill authorizing individuals to construct a canal, to collect tolls thereon, and imposing penalties for certain violations of its provisions, was held to be a public, not a private bill.— Journal, 2, 44, p. 460.

Bills frequently contain provisions of a public character, which at the same time are designed to benefit or promote private enterprises. It is difficult in such cases to determine with uniformity in which category these bills should be classed.

Bills authorizing the construction of bridges, and bills granting the right of way to railroads through Indian, military, or other reservations, have frequently been treated as private, while similar bills have at other times been considered to be public bills. These bills partake of both a public and a private character, and it is perhaps an open question whether they should be placed on the public or the private calendar.

Bills for the payment of money to counties or cities are held to be private, while similar bills for the benefit of States or Territories are held to be public.

It is not in order to so amend a private bill as to convert it into a public bill.-Journal, 1, 49, p. 571. Nor by extending its provisions to an individual not affected by the bill as originally introduced.-Journal, 1, 49, pp. 702, 703.

An amendment proposing general provisions of law upon a private bill is not germane and not in order.-Journal, 1, 52, p. 312.

INTRODUCTION AND REFERENCE OF, AND REPORTS UPON.

Private bills are introduced by delivering them to the Clerk with the name of the Member introducing them indorsed thereon and the reference or disposition to be made thereof. See Rule XXII, clause 1.

All reports of committees on private bills, together with the

views of the minority, shall be delivered to the clerk for printing and reference to the proper calendar under the direction of the Speaker. (See Rule XIII, clause 2.)

The point that a committee had no jurisdiction to report a private bill may be made after the bill has been reported and referred to the Calendar at any time before its consideration is entered upon. When attention is called to a report thus erroneously made the Speaker will direct the bill to be returned to the committee reporting the same for appropriate reference pursuant to Rule XXII, clause 2.-Journal, 1, 53, pp. 118, 119.

No bill for the payment or adjudication of any private claim against the Government shall be referred, except by unanimous consent, to any other than the following-named committees, viz: To the Committee on Invalid Pensions, to the Committee on Pensions, to the Committee on Claims, to the Committee on War Claims, to the Committee on Private Land Claims, and to the Committee on Accounts.-Rule XXI, clause 4.

Under the decision of Speaker Carlisle, December 19, 1887 (see Record, first session Fiftieth Congress), private claims reported to Congress from the Court of Claims, referred to a committee and favorably reported therefrom, remaining undis posed of by a former House, are placed first in order on the Private Calendar of the succeeding Congress. (See section 7 of "Bowman Act," ante p. 291. See also ruling of Chairman Hatch.-Record, 1, 50, p. 7437. Also of Speaker pro tempore Cox, January 27, 1888.) It was held in the Fifty-first Congress, by Speaker Reed, that these reports were not required to be placed on the Calendar.-Journal, March 14, 1890. (See ante, pp. 299, 300.)

It was held to be in accordance with the practice of the House for the Committee on War Claims to report a resolution referring to the Court of Claims for findings of fact a number of independent bills providing for the payment of separate and distinct claims of different individuals against the Government.-Congressional Record, 2, 53, p. 5286.

WHEN IN ORDER.

Friday in every week shall be set apart for the consideration of private business, unless otherwise determined by the House. Rule XXVI, clause 1.

5585-31

A continuing special order for the consideration of a public bill "from day to day until finally acted on" makes such consideration in order on Friday as on other days.-Journal, 2, 48, p. 136.

A given number of days being assigned generally for the consideration of certain public bills is construed as not including Friday, which day is set apart for private business.Congressional Record, 1, 51, p. 2012.

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 fails, then public business shall be in order as on other days.-Rule XXIV,

clause 6.

On Fridays the consideration of private business previously reported from the Committee of the Whole House takes precedence over the motion to resolve into Committee of the Whole House to consider private business.-Journal, 2, 52, p. 33.

The hour for the consideration of business under clause 4, Rule XXIV, was formerly confined to public business. Under the present rule, as adopted in the Fifty-third Congress, private business is also in order during this hour.

A negative vote on the motion to resolve into Committee of the Whole House to consider business on the Private Calendar is according to the practice construed as equivalent to dispensing with private business for the day, and a similar motion is not again in order on the same Friday.-Journal, 2, 52, p. 17.

PRIVATE LAND CLAIMS, COMMITTEE ON.

The matters, formerly constituting the subjects of jurisdiction of this committee are now adjudicated by the Court of Private Land Claims established by the act of March 3, 1891, 26 Stat. at L., p. 854.

(See Committees.)

PRIVILEGE.

The Senators and Representatives shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the