SUBSTITUTE.

A substitute is but a species of amendment. It may be for a single section or for the entire bill, the object being to strike out the original or pending proposition and insert the new matter proposed.

After a substitute has been agreed to, the vote must be again taken on the proposition as thus amended.

When a motion or proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order, and it shall also be in order to offer a further amendment by way of substitute, to which one amendment may be offered, but which shall not be voted on until the original matter is perfected, but either may be withdrawn before amendment or decision is had thereon.—Rule XIX.

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.-Rule XVI, clause 7.

A motion, however, to strike out and insert (as, for example, in the case of a substitute) being carried, precludes a motion to strike out or otherwise amend the matter inserted. Hence, after a substitute has been agreed to, no amendment to the substitute is in order. It is, therefore, important to perfect the substitute, by desired amendments thereto, before the question of agreeing to it is voted on.

Where amendments, desired by a committee having a bill under consideration, are numerous, or of a radical character, or where it is desired at one time to dispose of a number of separate bills on the same subject, it is a convenient and common practice to report a new bill in lieu of the original or originals, the latter being reported adversely and ordered to lie on the table. This new bill takes a new number and is entirely independent of and unconnected with the original, in lieu of which it is reported. Such new bill is sometimes erroneously termed a "substitute." The use of the term tends to produce confusion. If it were in fact a "substitute" (which in a parliamentary sense is simply an amendment), it would have to be disposed of as are other amendments, and the original bill would be otherwise amendable before the substitute could be voted on.

The form of a substitute for an entire bill (or joint resolution) is, "strike out all after the enacting (or resolving) clause and insert, etc."

A joint resolution or even a simple resolution may be reported by a committee in lieu of a bill referred to it. (See Journal, 1, 49, p. 378.) But neither would be in order as a mere substitute for the bill, inasmuch as the series of numbers of bills and of resolutions are entirely distinct, and to amend a bill by making it a resolution, or vice versa, would be an inconsistent proceeding, and would obscure the history of the measure through the several legislative stages. Were it permitted so to amend a bill under consideration, a resolution would appear to have been passed which had never been introduced, referred to, or reported by a committee, its inception and its culmination being one and the same act.

It is in order to move an amendment to the original bill as well as to the substitute reported therefor before the vote is taken on agreeing to the substitute. But a substitute once agreed to can not be further amended except by special agreement on the part of the House.-Congressional Record, 1, 49, p. 7615.

Pending consideration in Committee of the Whole of an ap propriation bill by paragraphs for amendment, but before the reading of all the paragraphs has been completed, an amendment striking out all after the enacting clause and inserting a substitute was proposed and debated. Held, that, no further amendment being proposed to the text of the bill, it was in order to vote on the substitute without reading the remaining paragraphs.-Congressional Record, 2, 49, p. 1059.

A bill being under consideration in the House as in Committee of the Whole, it was held that a substitute for the entire bill would be in order only after the reading of the bill by sections is concluded.—Mr. Richardson, Speaker pro tempore, Journal, 2, 53, p. 485.

It is not in order to move to consider a Senate bill in lieu of a House bill.-Journal, 2, 52, p. 52. But a motion to substitute the text of a Senate bill as an amendment to the House bill is in order.

(See Amendment.)

SUNDAY.

According to the practice prevailing since the establishment of the Government a legislative day never begins on Sunday, but the session of the preceding day will continue through the whole of Sunday, if no adjournment intervenes.

A recess may be taken until any hour on Sunday, or may be taken from Saturday until Monday morning, provided the hour fixed be prior to the hour of daily meeting. According to the practice, however, a recess is never taken for a period extending beyond the hour of daily meeting.

If the last legislative day of a Congress, March 3, falls on Saturday and the House continues in session, the Speaker, at 12 o'clock m., Sunday, March 4, declares the House adjourned sine die.-Journal 2, 44, p. 698.

When the commencement of the term of the President of the United States has occurred on Sunday, March 4, the administration of the oath to the President elect and the inaugural ceremonies did not take place until the following day, March 5, at 12 o'clock noon. (See Senate Journal (special session), 1, 45, Mar. 5, 1877.)

The commencement of a Presidential term first fell on Sunday on the 4th of March, 1821. The President consulted the Supreme Court, who advised that the oath be administered to the President-elect at 12 o'clock, noon, on Monday the 5th, which was done accordingly. (See Memoirs of J. Q. Adams, Vol. V, p. 302.)

It is for the House, and not for the Speaker, to determine whether the House shall continue in session after 12 o'clock on Saturday night.-Journal, 1, 24, pp. 577, 582.

SUSPENSION OF THE RULES,

No rule shall be suspended except by a vote of two-thirds of the members present, nor shall the Speaker entertain a motion to suspend the rules except on the first and third Mondays of each month, preference being given on the first Monday to individuals and on the third Monday to committees, and during the last six days of a session.-Rule XXVIII, clause 1.

It was held that the rule merely permitted but did not

require the Speaker to entertain motions to suspend the rules on the first and third Mondays.-Mr. Bailey, Speaker pro tempore, Journal, 2, 53, p. 438.

Friday having been substituted, by a special order of the House, as a day for motions to suspend the rules, in lieu of the preceding Monday, it was decided by the House that the rule for a recess at 5 p. m. for an evening session was thereby vacated for the day.-Journal, 1, 52, p. 277.

MOTIONS FOR, BY INDIVIDUAL MEMBERS, AND BY COMMITTEES.

The recognition of individuals on the first Monday under this rule is, like recognitions for other purposes, entirely in the discretion of the Speaker.

As an equitable mode of executing the rule, the Speaker announced that he would thereafter call the committees in regular order for motions to suspend the rules on third Mondays, which course was approved by a vote of the House.-Journal, 3, 46, p. 101. This method, however, is not required by the rules, and has not been uniformly observed in the practice; the Speaker sometimes, for satisfactory reasons, recognizing committees out of their order, and when no committee indicates a desire to make such motion, it being even in order to entertain the individual motion of a Member. (See Journal, 1, 50, p. 1650; also Congressional Record, 1, 51, February 17, 1890.)

It is not in order for a committee to move to suspend the rules and pass a bill or resolution which has not been referred to it, and of which it has not acquired jurisdiction.-Congressional Record, 1, 51, p. 8773; Journal 1, 48, p. 1108.

It is too late, after a motion by an individual Member, made on a third Monday, to suspend the rules has been seconded by the House, to make the point that the motion was not authorized by a committee.-Journal, 1, 50, pp. 1649, 1650; Congres sional Record, 2, 52, p. 489.

A motion in behalf of a committee to suspend the rules and pass a bill having been submitted, but being undisposed of when the House adjourned, the same committee was permitted, when suspension of the rules was next in order, to withdraw the previous motion and in its stead to move to suspend the rules and pass another measure.-Congressional Record, 2, 51; p. 487.

Authority to make a motion in behalf of a committee must be given by the committee. It is not sufficient that members of the committee have individually consented.-Record, 1, 51, p. 1405.

A motion to suspend the rules pending and undisposed of when the House adjourns on a first or third Monday goes over, and is the first business in order on the next "suspension" day, an "individual" motion thus going over to "committee” day, and vice versa. (See Journal 2, 50, p. 321.)

The mover may modify his motion at any time before the motion is seconded by the House.-Cong. Record, 2, 50, January 21, 1889. (Resolution to make special order for the Oklahoma bill.) Provided, of course, he is recognized by the Speaker for that purpose. If the proposed modification substantially changes the purpose of the motion, that might be a good reason for declining to entertain and thus give preference to the modified motion, when other Members are seeking recognition for motions to suspend the rules.

When the House adjourns pending a motion to suspend the rules it is the usage to recognize the mover to renew the motion on the day when suspension of the rules is next in order and to consider such motion as quasi unfinished business. But when the House has on two successive suspension days adjourned pending such motion, and without seconding it, as required by the rule, it will not continue unfinished business, and be given precedence over other motions to suspend the rules which the Chair may see proper to entertain.—Journal, 2, 52, p. 122.

MOTIONS FOR, TO BE SECONDED BY HOUSE.

All motions to suspend the rules shall, before being submitted to the House, be seconded by a majority by tellers, if demanded.-Rule XXVIII, clause 2.

It is a common practice for a Member to demand a second, and then ask to dispense with the vote by tellers on seconding the motion and that a second be ordered without tellers; the latter request, of course, requiring unanimous consent.

The Member demanding a second to the motion is, according to the practice, recognized to occupy or control the time for debate in opposition to the motion.