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move that the committee rise; and if it be apprehended that the same discussion will be attempted on returning into committee, the House can discharge them, and proceed itself on the business, keeping down the improper discussion by the previous question. 5. A committee cannot punish a breach of order in the House or in the gallery.-Manual, 144, 145.
In Committees of the Whole House, business on their calendars shall be taken up in regular order, except bills for raising revenue, general appropriation bills, and bills for the improvement of rivers and harbors, which shall have precedence, and when objection is made to passing over any bill or proposition, the committee shall thereupon rise and report such objection to the House, which shall decide, without debate, whether such bill or proposition shall be considered or laid aside for the present; whereupon the committee shall resume its sitting without further order of the House.-Rule XXIII, clause 4.
The rules of proceeding in the House shall be observed in Committees of the Whole House so far as they may be applicable.-Rule XXIII, clause 8.
The rule of the House relative to admission to the floor is applicable in Committee of the Whole.—Journal, 2, 53, p. 90.
It is not in order to demand the yeas and nays on a question in Committee of the Whole.—Congressional Globe, 1, 28, p. 618. The yeas and nays are taken pursuant to the provision of the Constitution, which requires them to be entered on the Journal, and which is applicable to the House only when acting as a House. The proceedings of the Committee of the Whole are never entered on the Journal except such as may be reported to the House.
In case of great heat and confusion arising in committee the Speaker may take the chair and bring the House to order.Manual, p. 123; Journal, 1, 26, p. 814. (See Disorder.)
If a message is announced during a committee the Speaker takes the chair and receives it, because the committee can not.- Manual, p. 123. So, too, during its sitting the Speaker, without a formal motion that the committee rise, often takes the chair to receive messages from the President or Senate, or to receive reports from the Committee on Enrolled Bills, which having been announced, the chairman resumes the chair, and the House is again in committee.
Whenever a Committee of the Whole House finds itself without a quorum, the chairman shall cause the roll to be called, and thereupon the committee shall rise, and the chairman shall report the names of the absentees to the House, which shall be entered on the Journal.--Rule,XXIII, clause 2. [And all Members are reported as absentees who fail to answer when their names are called, for, upon the completion of the roll, the chairman immediately vacates the chair. Whenever upon such roll call a quoruin answer to their names, and that fact is reported to the House, the Speaker declines to receive any motion except to adjourn, and the committee resumes the session without further order. But if no quorum answer, a mo. tion to adjourn or for a call of the House is in order; and if upon either of said motions a quorum shall vote, and the House refuses to adjourn or to order a call, the session of the committee is immediately resumed.--Journals, 2, 27, p. 592; 1, 29, p. 356; 2, 29, p. 343; 2, 32, p. 388. Congressional Record, 3, 46, p. 1629.]
It will be noted that when the Committee of the Whole is found without a quorum, the roll is called without a motion therefor, and the committee rises without a motion to rise. The practice, in accordance with the opinion expressed by the Speaker (2d session, 53d Congress), is to require the roll to be called and the absentees reported when a quorum of the committee fails to vote on any pending question.
The absence of a quorum being disclosed in Committee of the Whole, the roll is called but once.—Journal, 2, 53, p. 237.
The Speaker can not rule in regard to what occurs in Committee of the Whole unless reported by the committee to the House for such decision.—Journals, 2, 49, p. 384; 2, 45, p. 81. Congressional Globe, 39, p. 528. Journal, 2, 49, p. 384. Journal, 1, 50, 623. Record, May 17, 1890, Fifty-first Congress.
It was the practice formerly for a Committee of the whole to rise and report questions of order for the decision of the Speaker or of the House, and not to entertain appeals from the Chair to the committee.-Journal, 1, 44, p. 945.
The later practice has been to submit appeals to the com. mittee, instead of reporting the question to the House.
No previous question can be put in committee, nor can this committee adjourn as others may (Manual, p. 124), nor can the yeas and nays be taken (Congressional Globe, 1, 28, p. 618; 1, 26, p. 285), nor can a motion to lie on the table be entertained (Congressional Globe, 2, 31, p. 645), nor motions to reconsider.Congressional Globe, 1, 27, p. 305..
The committee may, by the vote of a majority of the Members present, at any time after the five minutes' debate has begun upon proposed amendments to any section or paragraph to a bill, close all debate upon such section or paragraph, or, at its election, upon the pending amendments only (which motion shall be decided without debate); but this shall not preclude further amendment, to be decided without debate.-Rule XXIII, clause 6.
The following is the form of resolution (sanctioned by long practice) for closing the hour debate, viz: “Resolved, That all debate in the Committee of the Whole House on the state of the Union (or Committee of the Whole House, as the case may be) on (here insert title of bill or subject upon which it is proposed to close debate) shall cease (here insert time at which it is proposed to close debate) when its consideration is next resumed.” The proposition to close debate may be made at any time, taking precedence even of a motion to go into Committee of the Whole; but to be in order at all, the subject upon which it is proposed to close debate must have been previously taken up and considered by the committee.—Journal, 1, 32, p. 147. This rule is construed to apply as well to messages as bills; indeed, to all subjects committed.—Journal, 1, 32, p. 146. And debate may be closed upon any one of the subjects referred to in a message.—Journal, 1, 32, p. 147.
It is not in order for the House to limit general debate on part of a bill pending in Committee of the Whole.—Journal, 1, 50, p. 2507.
Debate having been closed at a particular hour by order of the House, it is not competent for the committee, even by unanimous consent, to extend the time.-Congressional Globe, 2, 32, pp. 784, 785. .
When general debate is closed by order of the House, any Meinber shall be allowed five minutes to explain any amendment he may offer, after which the Member who shall first obtain the floor shall be allowed to speak five minutes in opposition to it, and there shall be no further debate thereon; but the same privilege of debate shall be allowed in favor of and against any amendment that may be offered to an amendment; and neither an amendment nor an amendment to an amendment shall be withdrawn by the mover thereof unless by the unanimous consent of the committee.-Rule XXIII, clause 5.
There is no previous question in Committee of the Whole, and general debate can regularly be closed only by order of the House which order is usually made pending the motion that the House, resolve itself into committee. It is quite common, however, for debate to be limited by unanimous consent of the committee.
If the committee shall amend a clause, and subsequently strike out the clause as amended, the first amendment thereby falls, and can not be reported to the House and voted on.Journal, 2, 31, p. 346. So, too, if the committee shall amend a bill ever so much, and subsequently adopt a substitute therefor, the bill is to be reported to the House with but a single amendment, viz, the substitute; and the House has only to choose between the original and the substitute.
In the Committee of the Whole a motion to rise, like the motion to adjourn in the House, may be made at any time; and when at the rising a member is entitled to the floor, he is entitled to occupy it in preference to any other member at the next sitting of the committee.-Congressional Globe,1,31, pp.358,388. And a member occupying the floor may yield it to another member to move that the committee rise, without losing his right to occupy it at the next sitting.--I bid., 2, 31, p.645. The motion to rise may be withdrawn at any time before the vote thereon is announced.-Ibid., 1, 31, p. 318.
General appropriation, tariff, and tax bills are considered by clauses or paragraphs; other bills by sections.
Where a bill is being considered by clauses or sections, and the committee has passed from the consideration of a particular clause or section, it is not in order to recur thereto.-Congressional Globe, 2, 32, p. 730; 2, 35, p. 1422.
Subject, of course, to revenue, general appropriation, and river and harbor bills, unfinished business is first in order in Committee of the Whole, and then other business in its order on the Calendar, unless such unfinished business is a bill considered out of its order on the Calendar during the consideration hour, or unless it has been considered on a day specially set apart therefor.
Several amendments of the Senate to a House bill being under consideration, they are considered as respectively reached in order, and may be either acted on directly by the House or referred to the Committee of the Whole, according to the character of each amendment.— See proceedings on Senate amendments to bill H. R. 5667, Congressional Record, 1, 48, July 3, 1884.
A negative vote on a motion in Committee of the Whole that a bill be reported favorably to the House, does not amount to a decision that the bill be adversely reported.—Journal, 1, 46, pp. 421, 422.
Bills other than general appropriation bills are usually considered by sections, and it has been held in order to close debate on a whole section which contained numerous paragraphs relating to different subjects.-- See decision respecting River and Harbor bill.--Congressional Record, 2, 48, p. 1605.
A Committee of the Whole having reported a bill to the House, the Speaker can take no cognizance of alleged irregularity in its consideration in Committee of the Whole.-Congressional Record, 2, 49, p. 1059.
Pending consideration in Committee of the Whole of an appropriation 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.
The following are the usual forms of report by the chairman of the Committee of the Whole, viz:
“The Committee of the Whole House on the state of the Union, having had under consideration here insert the title of