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priations, and being by the latter committee again reported to the House without additional items of appropriation, is not subject to the point that it should be considered in Committee of the Whole.-Congressional Record, 1, 50, p. 4793.
A motion to recommit a conference report is not in order for the reason that such reports are not subject to the rules goy. erning ordinary proceedings, the only question in order being on agreeing to the report.-Congressional Record, 2, 49, p. 880.
A motion to recommit, with leave to report at any time, was held to be a change of the rules and not in order.-Journal, 2, 47, p. 229.
A motion to recommit, coupled with a proposition that when the bill is again reported to the House it be assigned to a particular day for consideration, is not in order, the latter branch of the motion involving a change of the rules.-Congressional Record, 1, 51, p. 5813.
A division of the question is not in order on a motion to commit with instructions, or on the different branches of instructions.—Journals, 1, 17, p. 507; 1, 31, pp. 1337, 1395; 1, 32, p. 611.
A motion to commit with instructions to report a certain amendment is not in order, if the proposed amendment is not in order as an amendment to the bill.—Journal, 1, 48, pp. 1247, 1248.
AFTER ENGROSSMENT AND THIRD READING.
The motion to commit or recommit would not be in order after the order for the engrossment and third reading of a bill had been passed, but for the express provision of Rule XVII, that, riz:
“It shall be in order, pending the motion for or after the previous question shall have been ordered on its passage, for the Speaker to entertain and submit a motion to commit, with or without instructions, to a standing or select committee."
This rule is construed to permit but one motion to recommit, which motion is amendable as other motions until the previous question is ordered thereon.
This motion to commit or recommit is held to be applicable to a simple resolution or order as well as to a bill, and is in order after the previous question is ordered on agreeing to the resolution or order or when the question is pending for a final vote. It is frequently resorted to pending the question on agreeing to resolutions reported by the committee in contested election cases.
By analogy to the practice in the consideration of bills it is in order to move to recommit a resolution reported in a contested election case when the question is pending on the final disposition thereof.—Journal, 1, 52, p. 156.
The question being on agreeing to resolutions reported by the Committee on Elections, and a substitute being proposed, the previous question was demanded on the amendment and on agreeing to the resolutions recommended by the committee. The question of order being submitted whether it was in order at that stage to move to recommit the report Speaker Crisp held: The Chair thinks that motion is not in order at this time. The rule provides that a motion to recommit may be made either before or after the previous question is ordered upon the passage of a bill. It has been frequently held by presiding officers that the word “bill” in this case is used as a generic term, applying to and including all legislative propositions which can properly'come before the House. So that in this case the House must first dispose of the substitute, which is but an amendment, and after the disposition of that, when the question shall be upon the original resolutions as amended or without amendment, the motion to recommit will be in order.—Journal, 1, 52, p. 154.
When, in pursuance of Rule XVII, a bill, pending the question on its passage, has been recommitted with instructions to the committee to amend it, and the bill as thus amended is again reported to the House, it occupies the same parliamentary status as when first reported to the House from the Committee of the Whole. It is in effect a different bill, and the vote must be again taken on the question: Shall the bill be read a third time? and when the question is again on its passage, it is again subject to one motion to commit, as provided in Rule XVII. (See ruling of Speaker Carlisle, Congressional Record, 1, 49, p. 6758.)
Onder Rule XVII it is in order to move to recommit with instructions to report forth with.-Congressional Record, 2, 51, imp. 3504–3506. It was also held that a bill recommitted, with
instructions to report forthwith, might be reported immediately by the chairman without formal action by the committee (ibid.,1, p. 3508), and that when so reported it would not be subject to the point that it be first considered in Committee of the Whole, although if reported as an original proposition it would be subject to such point.—Ibid., p.3509.
It has frequently been decided that it is not in order to move to recommit a bill with instructions to bring in a report which would not be in order if offered in the House. The House having voted to strike out what it is proposed to instruct the committee to report, it is not in order to move to recommit with instruction to report the original matter as a substitute for, or amendment to, the bill in its present status.—Speaker Carlisle, Congressional Record, 1, 49, p. 7613; Journal 1, 49, p. 2363. (See Commit; Refer.)
RECONSIDERATION. OF VETOED BILL.
Upon the return of a vetoed bill by the President, the House shall “proceed to reconsider it.”—Const., 1, 7, 2, 6.
On such reconsideration the House may at once finally dispose of the bill, or may refer it to a committee, or postpone its consideration, or take such other action as would have been in order on its first consideration. (See Veto.) WHEN MOTION FOR IN ORDER, AND WHEN NOT.
When a motion has been made and carried or lost, it shall be in order for any Member of the majority, on the same or succeeding day, to move for the reconsideration thereof, and such, motion shall take precedence of all other questions, except the consideration of a conference report, a motion to fix the day to which the House shall adjourn, to adjourn, or to take a recess, and shall not be withdrawn after the said succeeding day without the consent of the House, and thereafter any Member may call it up for consideration: Provided, That such motion, if made during the last six days of a session, shall be disposed of when made.-Rule XVIII, clause 1.
The roll of the yeas and nays being the only official evidence of the vote of a Member, when the vote has not been taken by the yeas and nays it is the practice to recognize any Member to move to reconsider, regardless of his actual vote.
On the same or succeeding day after a vote is taken, it is in order at any time to move its reconsideration and have the motion entered on the Journal, even when a Member is on the floor, or when a question of the highest privilege is pending, but it can not be taken up and considered while another question is before the House.—Journal, 1, 34, pp. 1476, 1477. Such has been the uniform practice of the House since that decision.
A bill having passed in the hour for the consideration of bills, sometimes termed the second morning hour, and a motion to reconsider being made, the consideration of such motion is cut off by the expiration of the hour, and goes over for disposition when the hour for such business recurs on a subsequent day.-Journal, 2, 52, pp. 13, 14.
The consideration of a motion to reconsider is in order wbenever called up for consideration, but is not the regular order of business unless so called up by a Member.—Journal, 2, 52,
A motion to reconsider, if made in time, may be entertained, notwithstanding the papers connected with the original propo. sition have gone out of the possession of the House. Journals, 1, 26, p. 1033; 1, 28, pp. 1125, 1131; 1, 29, p. 657; 1, 33, pp. 336, 1199. And pending a motion to reconsider the vote on the passage of a bill the Speaker should decline to sign such bill if reported by the Committee on Enrolled Bills.—Journal, 1, 26, p. 1033. When the papers have been sent to the Senate it is usual, in case of a motion to reconsider, to send a message to that body requesting their return. (See Recall of a Bill.)
It is not in order on a private-bill day to call up and consider a motion to reconsider a vote on a public bill if objected to, except after a postponement of the private business.
It is not in order to move a reconsideration of a vote sustaining a decision of the Chair after subsequent action, which it is impossible for the House to reverse, has resulted from such de. cision.-Journal, 1, 31, pp. 860, 861.
It is in order, even pending the demand for the previous question on the passage of a bill, to move the reconsideration of the order of engrossment.-Journal, 2, 27, p. 1175. But, of course, if moved at such a time it is not debatable.
Where a motion to reconsider has been once put and decided, it is not in order to repeat the motion.—Journal, 2, 27, p. 1022; 1, 52, p. 115. But it is otherwise where an amendment has been adopted since the first reconsideration.-Journal, 1, 31, pp. 1404, 1406, 1407.
6. Where a Congress expires without acting on the motion to reconsider, for the want of time or inclination, the motion, of course, fails and leaves the original proposition operative.”— (Opinion of Mr. Speaker Orr, and of Mr. Speaker Banks, in the case of resolutions directing the payment of money out of the contingent fund of the House, where Congress adjourned sine die pending motions to reconsider the vote by which they were adopted. These opinions were evidently given after the final adjournment of the House, and are not official.)
The effect of the pendency of a motion to reconsider, according to the universal usage, is to suspend the original proposition. When, however, a bill has, pending the motion to reconsider and before that motion is acted on, been presented to the President and receives his approval, the validity of the act, it would seem, could not be questioned on account of the pendency of such motion, the signing of the enrolled bill, by the Speaker and Vice-President, being complete and unimpeachable evidence of its passage. (See Field vs. Clark, 143 U. S. Sup. Repts., p. 650, Feb. 29, 1892.)
A similar question would be presented if the vote on the passage were actually reconsidered after the bill was approved.
Under the practice, if a motion to reconsider is pending when the previous question is ordered, such order applies to the motion to reconsider only.
The motion to reconsider can not be withdrawn after the House has voted down a motion to lay the same on the table, such action being held to be a decision on the motion.—Journal, 2, 46, p. 844.
It is a very common practice for the Member having charge of a measure, as soon as a vote is taken upon it, “to move to reconsider the vote last taken, and also to move that the motion to reconsider be laid on the table;” and if the latter motion prevails it is deemed a finality so far as the vote proposed to be reconsidered is concerned. A vote to lay the motion to