184 



CONGRESS. (THE RULES) 



and clause 3 of Rule XXIII, it must have such refer- 

 ence and there receive its first consideration. 



Clause 3 of the proposed code restores unfinished 

 bu.4ness to ite ancient position and privilege, giving 

 it the status to which it was entitled in the House 

 for nearly a century, and to which, under the common 

 parliamentary law and practice, it is legitimately en- 

 titled. 



After unfinished business has been disposed of 

 there comes a period for action by the House under 

 direction of committees upon bills of a public charac- 

 ter which do not appropriate money. This will facil- 

 itate the passage of much legislation of local value and 

 some of national importance. 



This period must be sixty minutes, and at the option 

 of the House may be much longer. At the end of 

 sixtv minutes, however, the House has the option to 

 go to the Committee of the Whole House on the state 

 of the Union either generally or to consider a desig- 

 nated bill. 



"Messrs. Carlisle and Randall make a minor- 

 ity report from the Committee on Rules, assign- 

 ing reasons why they are unable to concur with 

 the majority in the changes proposed in the 

 rules of the House. In that report, in referring 

 to Rule XXIV, they complain that under clause 4 

 no bill on the House calendar can be reached in 

 the morning hour for consideration unless called 

 up by the committee that reported it; and that 

 undeV clause 5 of the same rule no individual 

 member can make an original motion for the 

 purpose of considering any particular bill on the 

 Union calendar. They admit that a motion by 

 the direction of a committee to designate a par- 

 ticular bill on the Union calendar for consider- 

 ation is amendable on the motion of a member 

 designating another bill. 



" I call the attention of the House to the fact 

 that the proposed clauses of new Rule XXIV 

 confer much greater power upon the House, upon 

 the committees of the House, and upon individ- 

 ual members, than did the rules of the Fiftieth 

 Congress. Under the rules of the Fiftieth Con- 

 gress no committee or individual member could 

 submit a motion that the House designate a par- 

 ticular bill for consideration on either of the 

 calendars. So the criticism of the minority is 

 not just in this particular I may say hardly 

 ingenuous. The individual member by amend- 

 ment may take the sense of the House in direct- 

 ing the Committee of the Whole to consider a 

 particular bill under the new rule. Neither 

 committee nor individual member under the old 

 rule could in any case take the sense of the 

 House by a motion to designate a particular bill 

 for consideration. 



" Nor is the criticism of the minority correct 

 touching the operation of clauses 4 and 5 of Rule 

 XXIV. covering business in the morning hour. 

 Under clause 5, after one hour shall have been de- 

 voted to the consideration of bills called up by 

 committees, it shall be in order, pending consider- 

 ation or discussion thereof, to entertain a motion 

 to go into Committee of the Whole on the state 

 of the Union, or on direction of a committee a 

 motion to consider a particular bill, to which 

 motion one amendment designating another bill 

 may be made. The clause then provides that if 

 either motion be determined in the negative, it 

 shall not be in order to make either motion 

 again until the disposal of the matter under con- 

 sideration or discussion. 



" The effect of this clause is, and by the com- 



mittee was intended to be, when the sixth ordi 

 of business is reached, to give one hour for tl 

 consideration of bills called up by committei 

 from the House calendar. If at the expinitic 

 of the hour the House shall not resolve itself ij 

 to Committee of the Whole, then the mornii] 

 hour shall continue during that day or until tl 

 matter under consideration in the morning hoi 

 is disposed of. If not disposed of before adjoun 

 rnent it would come up again next day in t\ 

 morning hour for consideration and would I 

 considered for one hour, and one hour onl 

 unless the House should again refuse to go ini 

 Committee of the Whole for consideration of bu 

 iness on the calendars. 



The minority also complain that upon a m< 

 tion by direction of a committee the rules ins 

 be suspended by a majority vote (clause 1, Ru 

 XVIII) to fix a day for the consideration of 

 bill previously reported, and that if such motic 

 is made by an individual member, it would r 

 quire a vote of two thirds This is true ; hi 

 the individual member has just as much powi 

 in this respect under the new code as he ha 

 under the old code. And it seems to me prop 

 that if the rules should be suspended at a 

 by a majority vote fixing a day for the coi 

 sideration of a bill, they should be suspended t 

 motion, on direction of a committee to considi 

 a bill which has been considered in committi 

 and reported to the House and placed upon tl 

 calendar. Consideration and legislation :i: 

 necessarily largely controlled by committees. 



" It is impossible for an individual member 1 

 do more, as a general rule, than intelligent- 

 exhaust the business of the particular committi 

 or committees on which he may serve. 



" The committee recommend the adoption < 

 clauses 1 and 2 of Rule XXII, being the same i 

 former Rule XXII and add thereto clause 3, i 

 follows : 



All other bills, memorials, and resolutions may : 

 like manner be delivered indorsed with the nam< 

 of members introducing them to the Speaker, to 1 

 by him referred, and the titles and references then 

 of shall be entered on the journal and printed c 

 the "Record" of next day, and correction in case 

 error of reference may be made by the House i 

 accordance with Rule XI within three days immcd 

 ately after the reading of the journal, but the readir 

 shall be by title only. 



" Prior to the Forty-ninth Congress all bill 

 private and public, were introduced in the Hou; 

 and received their appropriate references to con 

 mittees. In the Forty-ninth Congress it was pr< 

 vided by this rule, that bills of a private ni 

 ture with petitions or memorials, could be d< 

 livered to the clerk for reference. This save 

 much valuable time and has operated well ; an 

 the Committee on Rules have provided in claus 

 3 that all other bills, memorials, and resell 

 tions may in like manner be delivered indorse 

 etc., to the Speaker, to be by him referred to th 

 appropriate committees, with provision for coi 

 rection of reference in case of error. I have n 

 doubt the adoption of clause 3 will add to th 

 convenience of members and result in the savin 

 of much time to the House. 



"Rule XIII provides for three calendars c 

 business reported from committees, the same a 

 in the rules of last Congress, and adds clause 2 a 

 follows : 



