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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. 294. 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 Con. gress, 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.
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 * # sball, 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 same; and for any speech or debate in either House, they shall not be questioned in any other place.-Const., 1, 6, 1, 5.
This privilege from arrest privileges, of course, against all process the disobedience to which is punishable by an attachment of the person: as a subpæna ad respondendum or testificandum, or a summons on a jury; and with reason, because a Member has superior duties to perform in another place.Manual, p. 110.
A Member of the House, Thirty-ninth Congress, having been arrested and detained on civil process, and the matter being referred to the Committee on the Judiciary, that committee reported a resolution directing that a warrant issue commanding the Sergeant-at-Arms to deliver the Member from the custody of the officer by whom he was detained. The motion was adopted, and the warrant was afterwards returned executed, and the Member restored to his seat in the House.—Journal, 2, 39, pp. 103, 105.
It was held, in a recent decision by Judge Dyer of the United States district court for the eastern district of Wisconsin, that the privilege of a Member extends to exemption from service of process even though.not accompanied with an arrest. Also held, that the time allowed for going to and returning from the Capitol must be construed as a reasonable time; and that á slight deviation from the usual route for rest, convenience, or because of sickness, did not terminate or suspend the exemption.-Miner v. Markham, 28 Fed. Law Reporter, p. 387. :
Each House may determine the rules of its proceedings, punish its Members for disorderly conduct, and, with the concurrence of two-thirds, expel a Member.-Const., 1,5, 2, 5.
This power is evidently given to enable each House to exercise its constitutional functions of legislation unobstructed. It can not vest in Congress a jurisdiction to try a Member for an offense committed before his election; for such offense a Member, like any other citizen, is amenable to the courts alone.Report 815, by Committee on the Judiciary, Forty-fourth Congress.
It is for the House to determine whether a Member has transgressed its rules and privileges in printing remarks in the Record.—Journal, 1, 49, pp. 1835, 1836.
It was held to be a breach of privilege for a Member to state
in debate, and have published in the Record, the names of Members voting, and how they voted, on a question upon which the yeas and nays had not been entered on the Journal.-Journal, 2, 53, p. 244.
In the maintenance of what are denominated its privileges, and of the privileges of its individual Members, the House, in former Congresses, has imposed various penalties.
In some cases it has directed its Speaker to reprimand the party offending.–Journals, 1, 4, p. 389; 1, 15, p. 154; 1, 22, pp. 730, 736.
In others it has committed the party to the custody of the Sergeant-at-Arms.—Journals, 1, 4, p. 407; 1, 12, p. 280; 1, 15, p. 119; 2, 34, pp. 277, 281, 284.
In others (where the parties were reporters of the House) it has excluded them from the Hall.—Journals, 1, 24, p. 1021; 2, 33, p. 315.
In the Forty-first Congress, Patrick Woods, having been held to answer for an assault upon a Member (outside of the city), was ordered to be punished by imprisonment in the jail of the District of Columbia, as other criminals are, for three months.—Journal, 2, 41, pp. 1199, 1200. The session terminated within a week after the order, but the order was executed.
In one case where a witness refused to answer a question propounded to him by a select committee, it was ordered and adjudged by the House that he be committed to the common jail of the District of Columbia, to be kept in close custody until he should signify his willingness to purge himself of the contempt.—Journal, 1, 35, pp. 387 to 389. And after having been so imprisoned for more than three months, he was, by the further order of the House, on the 22d of March, released from jail and delivered over to the marshal of the said. District to answer a presentment against him in the United States criminal court therein.-Ibid., pp. 535 to 539.
A witness, having refused to answer a question during an examination by an investigating committee of the House, was committed to the custody of the Sergeant-at-Arms, and, persisting in the refusal, was by the order of the House confined in the District jail for forty-five days. The imprisonment was afterwards decided by the courts to have been illegal, upon the ground that no general power is vested by the Constitution in
either House of Congress to punish for contempt; and a verdict was obtained for a large sum in damages in a suit by the witness against the Sergeant-at-Arms. (See proceedings in case of Hallett Kilbourne, First session, Forty-fourth Congress; also case of Kilbourne vs. Thompson, United States Supreme Court Reports, vol. 103, p. 168.) (See witnesses.)
PRIVILEGE, QUESTIONS OF.
Questions of privilege shall be, first, those affecting the rights of the House collectively, its safety, dignity, and the integrity of its proceedings; second, the rights, reputation, and conduct of Members individually in their representative capacity only; and shall have precedence of all other questions, except motions to fix the day to which the House shall adjourn, to adjourn, and for a recess.—Rule IX.
“Questions of privilege” are sometimes confounded with what are known as “privileged questions.” The latter designation applies to motions, legislative propositions, or other questions, which take precedence in different degrees over each other and over the ordinary business of the House; while 6 questions of privilege” as defined by the rule relate to the rights of the Members officially and individually, and of the House collectively.
A question of privilege is thus a privileged question of high rank, but a privileged question is not necessarily a “ question of privilege."
A matter of privilege arising out of any question, or from a quarrel between two Members, or any other cause, supersedes the consideration of the original question, and must be first disposed of.- Manual, p. 155.
A question of privilege is in order and has precedence, though presented on a day previously set apart by special order for the consideration of other business.-Congressional Record, 1, 51, p. 8375.
Pending a call of the House no question of privilege can be presented, except such as may arise out of or in connection with the call in which the House is engaged.—Journal, 2, 52, p. 105.
Whenever a point of order is made that a matter presented is in violation of the honor, dignity, or privileges of the House,