EXAMPLES OF.

The following motions are privileged:

A motion for an adjournment of more than three days with the concurrence of the Senate.-Journal, 2, 37, pp. 718–720.

A motion for a call of the House when the failure of a quorum is disclosed.-Rule XV, clause 2.

Motions to resolve into Committee of the Whole on the state of the Union to consider revenue or general appropriation bills (privileged after the morning hour).—Rule XVI, clause 9.

A motion to close general debate in Committee of the Whole. (Privileged pending the motion to resolve into Committee of the Whole.)

The consideration of a report from a committee which has leave to report at any time presents a privileged question. (See Reports, Privileged.)

The right to report at any time carries with it the right to consider the measure when reported.-Journal, 1, 32, p. 195.

If it is proposed to consider when reported the matter thus made privileged, and the point is made and sustained that under clause 3 of Rule XXIII it should receive its first consideration in Committee of the Whole, it is in order to immediately move that the House resolve into Committee of the Whole for that purpose.

Propositions reported from the Committees on Printing and on Accounts for the payment of money out of funds already appropriated are, according to the practice, immediately considered in the House. But if the point were made, their first consideration should be in Committee of the Whole, since they are within the express terms of clause 3, Rule XXIII, being propositions "authorizing payments out of appropriations already made."

The erroneous reference of a bill to the Calendar of the House presents a privileged question in like manner as the erroneous reference to a committee.-Journal, 2, 50, p. 534.

A committee of conference having reported a disagreement, a motion that the House insist, etc., and ask a further conference presents a privileged question.―Journal, 1, 52, p. 229. Resolutions of inquiry addressed to the heads of Departments, when reported to the House by a committee, are privi

leged and are entitled to immediate consideration. For the committee being required by Rule XXII, clause 5, to report within one week, has necessarily the right to report at any time during the week.

A resolution of inquiry addressed to a Department must be reported within one week after its introduction and reference to a committee regardless of the time it is actually received by the committee.-Journal, 1, 53, p. 107.

A motion to discharge a committee from consideration of a resolution of inquiry not reported within one week is privileged.-Journal, 1, 52, p. 107. But a resolution of inquiry is

not privileged when introduced.-Journal, 2, 53, pp. 50, 51. Proceedings specifically authorized or required by the provisions of the Constitution are held to be matter of high privilege. The following instances are cited:

A proposition to impeach the President of the United States. Journals, 3, 27, p. 159; 2, 39, p. 121.

The impeachment of civil officers.-Journals, 1, 48, p. 495; 2, 48, p. 27.

The consideration of a vetoed bill.-Journal, 1, 49, p. 2397; Congressional Globe, 11, p. 905.

A motion to discharge a committee from the consideration of a vetoed bill, being in order at any time.-Journal, 1, 49, p. 2397; Record, ibid., p. 7699.

Counting of the electoral vote.-Journal, 2, 44, pp. 555, 556. The election of a Speaker.-Journal, 2, 44, p. 8.

The election of a Clerk of the House of Representatives.Journal, 1, 31, p. 789.

A bill making apportionment of Representatives among the several States.-Congressional Record, 2, 51, p. 530.

Resolution expressing sense of the House relative to the foreign policy of the United States.-Journal, 2, 53, p. 44.

PRACTICE AS TO.

A privileged proposition may be amended in the House by adding matter not privileged, provided it is germane to the original subject.

A privileged proposition once considered remains privileged from day to day, until disposed of, subject, of course, to questions of higher privilege.-Speaker Carlisle, Journal, 1, 49, p.

A privileged proposition pending at an adjournment does not necessarily recur as the regular order of business after the approval of the Journal on the following day until called up by a Member.—Journal, 1, 53, p. 114.

A privileged resolution when introduced must in the first instance be referred to a committee, if under the rules a committee of the House has jurisdiction of the subject involved.— Journal, 2, 53, pp. 43, 44.

(See Reports, Privileged.)

PROTEST.

It is not a matter of right and parliamentary privilege to have received and entered upon the Journal a protest of members against the action of the House.-Congressional Globe, 1, 31, pp. 1579, 1588. (See Journal, 2, 45, pp. 921-927.)

PUBLIC BUILDINGS AND grounds, COMMITTEE on. According to usage this committee selects the restaurant keeper of the House of Representatives.

(See Committees; Capitol.)

PUBLIC DOCUMENTS.

The term "public document" is hereby defined to be all publications printed by order of Congress, or either House thereof.-Sess. Laws, 1, 43, p. 237.

The Clerk shall have preserved for each Member of the House an extra copy, in good binding, of all the documents printed by order of either House.-Rule III, clause 3.

Documents printed for the use of the House are deposited in the folding room of the House whence they are distributed pro rata to the Members.

PUBLIC LANDS, COMMITTEE ON.

This committee is privileged to report at any time bills forfeiting land grants, preventing speculation in publie lands, and bills reserving land for actual settlers.-Rule XI, clause 51. (See Committees.)

PUBLIC PRINTING AND PUBLIC PRINTER.

(See Printing, Public; Printing, Committee on.)

QUESTIONS.

On the demand of any Member, before the question is put, a question shall be divided if it include propositions so distinct in substance that one being taken away a substantive proposition shall remain.-Rule XVI, clause 6.

A motion to strike out and insert is indivisible, but a motion to strike out being lost shall neither preclude amendment nor motion to strike out and insert; and no motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.-Rule XVI, clause 7.

The Speaker shall put questions in this form, to wit: "As many as are in favor (as the question may be) say Ay"; and after the affirmative voice is expressed, "As manas are opposed say No."-Rule I, clause 5.

It has been decided on appeals that a division of the ques tion can not be had on motions to commit with instructions, or on the different branches of instructions (Journals, 1, 17, p. 507; 1, 31, pp. 1395–1397; 1, 32, p. 611) on a Senate amendment (Journal, 2, 32, p. 401) on an amendment reported as a single amendment from a Committee of the Whole (Journals, 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 37, p. 170; 2, 53, pp. 130, 445) or on a series of resolutions proposed to be inserted in lieu of other matter (Congressional Globe, 1, 31, p. 1301).

(See Motions; Privilege, Questions of; Privileged Questions.)

QUESTIONS OF ORDER.

The Speaker shall decide all questions of order, subject to an appeal by any Member, on which appeal no Member shall speak more than once, unless by permission of the House.-Rule I, clause 4.

All incidental questions of order arising after a motion is made for the previous question and pending such motion shall be decided, whether on appeal or otherwise, without debate.Rule XVII, clause 3.

The Clerk shall note all questions of order, with the decisions thereon, the record of which shall be printed as an appen dix to the Journal of each session.-Rule III, clause 3.

Questions of order are addressed to the Chair, and usually are not entertained unless the subject thereof is pending or is proposed to be brought immediately before the House.

Debate on questions of order is not limited by the hour rule. A point (or question) of order against a proposition can not be passed upon where the question of consideration has been raised against such proposition, until the question of consideration has been decided.-Journal, 1, 51, pp. 331, 332.

It is entirely within the discretion of the Chair to permit debate on a question of order, the only restriction being that fixed by the rule prohibiting debate on incidental questions pending the demand for the previous question.-Congressional Record, 1, 43, p. 3020.

If an amendment or other proposition is out of order, and the point be made against it, it is not submitted to the House. If a provision or section of a bill is decided to be out of order, the Chair directs the obnoxious matter to be stricken from the bill, no motion therefor being necessary or even permissible.

It is too late to object that a section or an amendment is out of order after its consideration has commenced, either by debate or by acting on any motion respecting the proposition objected to, unless, in case of debate, the right to object has been previously expressly reserved.-Congressional Record, 1, 48, p. 752.

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.

Where the House has by resolution instructed the Committee on Appropriations to report a certain provision in an appropriation bill, which, without such instructions, would be out of order, such provision when reported is not subject to a point of order that it changes existing law, or is otherwise in conflict with the rules of the house.-Congressional Record, 2, 52, p.

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