almost uniformly decided under the rule (147) adopted March 19, 1860, that the rules of the preceding House remain in force "until otherwise ordered" by the existing House, until the first session of the Forty-eighth Congress, when Speaker Carlisle held-reaffirming that decision in the 49th and 50th Congresses that the rules of the last House were not in force, and that until rules were adopted the House would be governed by the rules and practice of "common parliamentary law.” (See Congressional Record, first session 48th, 49th, and 50th Congresses, passim prior to adoption of rules.)

This decision was re-affirmed by Speaker Reed. (See Record.) The constitutional right of the House (article 1, section 5, clause 2) "to determine the rules of its proceedings," can not be impaired or destroyed by the indefinite repetition of dilatory motions. Journal, 1, 47, p. 1362. (See also debate thereon, Cong. Record, vol. 13, part 5, pp. 4305 to 4325, inclusive.) The foregoing decision of Speaker Keifer will be found on pp. 4324 and 4325 of said Record, and appears in extenso in the Digest for the second session of the 47th Congress, p. 359.

Notice of an amendment to the rules is in order as an independent motion, but must lie over one day under clause 1 of RULE XXVIII.-Journal, 1, 46, p. 437; 2, 49, p. 610-614.

See ruling of Speaker Carlisle, February 15, 1887, second session 49th Congress.

Under the practice, a proposition reported from the Committee on Rules, changing the rules, unless originating with the committee, is not required to lie over one day.

A motion (or resolution) making a bill a "special order" for a particular day or time is a change of the "order of business."-Journal 1, 51, p.

RULES, COMMITTEE ON.

All proposed action touching the rules, joint rules, and order of business, shall be referred to the Committee on Rules.— RULE XI, clause 45. See ruling of Speaker Carlisle.-Journal, 2, 48, pp. 332, 333.

Until the revision of the rules in the 2d session of the 46th

Congress, the Committee on Rules was not one of the permanent standing committees, being appointed at the commencement of each Congress by resolution. Reports from this committee touching the rules, joint rules, and order of business are "privileged questions," but must, if the proposition originates with the committee, lie over one day if required by a member, under clause 1 of RULE XXVIII.

A resolution reported from the Committee on Rules fixing a day for the consideration of business reported from a particular committee is in order at any time as a "privileged question," for the reason that the adoption of the resolution would be pro tanto a change of the rules, and that the proper method of making such a change is upon a report from the Committee on Rules.-Journal, 1, 49, pp. 2171, 2172.

RULES, SUSPENSION OF.

(See RULE XXVIII.)

It is not in order to move a suspension of the rules while the House is acting under a suspension of the rule.-Cong. Globe, 2, 27, pp. 58, 142; 1, 31, p. 1225-unless connected with the business immediately before the House-Journal, 2, 36, p. 212; nor while considering a special order, it having been made under a suspension of the rules-Cong. Globe, 2, 29, pp. 401, 430-[unless connected with the consideration of such special order]; nor while the previous question is operating.Journal, 2, 23, p. 564.

A motion to suspend the rules waives and suspends all requirements and provisions of the rules and brings the House to an immediate vote on such motion.-Journal, 1, 51, p. 298.

"Pending a motion to suspend the rules, the Speaker may entertain one motion that the House do adjourn; but after the result thereon is announced, he shall not entertain any other dilatory motion till the vote is taken on suspension."-RULE XVI, clause 8.

But where a quorum fails to vote on a motion to suspend the rules, it would seem that but two motions are in order, viz,

for a call of the House or to adjourn.-Journals, 1, 29, p. 355; 2, 29, p. 343; 2, 32, p. 388.

See also proceedings of March 20, 1882, on motion of Mr. Reed to suspend the rules and make H. R. 4197 (Court of Commissioners of Alabama Claims) a special order, and decisions of Speaker Keifer thereon.-Journal, 1, 47, pp. 865, 866, 869, 871, see also decisions of Speaker Carlisle, 48th, 49th, and 50th Congresses, passim.

A motion to suspend the rules is not debatable-Cong. Globe, 2, 27, p. 121; 1, 29, p. 343; nor is it amendable-Cong. Globe, 2, 30, pp. 319, 320; Journal, 2, 35, p. 477; nor can it be laid on the table-Cong. Globe, 1, 29, p. 343; Journal, 2, 35, p. 510; nor postponed indefinitely.-Cong. Globe, 1, 26, p. 121.

The vote on a motion to suspend the rules can not be reconsidered.-Journal 2, 31, p. 134.

Where the rules are suspended to enable a member to submit a particular proposition, if he fail to submit it another member may do so.-Journal 1, 23, p. 631. But where he submits it and subsequently withdraws it, another member can not renew it.-Journal, 2, 36, pp. 131 to 140.

After the rules have been suspended to allow a proposition to be submitted, it can not be modified.-Cong. Globe, 1, 31. p. 1727. But it may be amended by a vote of the House. In such a case the proposition is before the House subject to the rules as in other cases.

The rules may be suspended by a single vote for the purpose of enabling a number of bills to be reported from a committee.— Journal, 3, 34, p. 432.

It is not in order, under color of amendment, to move to change or rescind a rule; and where such is the effect of a motion, one day's notice is necessary.-Journal, 1, 20, p. 647.

And the rules may be suspended by a single vote so as to vote first on an amendment or amendments to a bill and then on the bill.-See Cong. Record, January 17, 1876, 1, 44, p. 444.

On the 20th of December, 1880 (3d sess. 46th Cong.), the Speaker stated as the most equitable mode of executing RULE XXVIII, clause 1, he would call the committees in the order named in RULE X, and he therefore submitted to the House the

question whether the said call of committees for motions to suspend the rules should continue in regular order on the third Monday of January, 1881, and thereafter, which said question was decided in the affirmative.-Journal, 3, 46, p. 104.

But this action was held by Speakers Carlisle and Reed (Journal, 1, 50, p. 1650; Record 1, 51, Feb. 17, 1890) not to be conclusive on this point.

On a call of committees for motions to suspend the rules such motion to be in order must be authorized by the committee acting as a committee.-Journal, 1, 51, pp. 242, 243.

On a motion to suspend the rules the reading of a report or other paper relating to the subject matter of the bill or resolution under consideration can not be demanded as of right, but may be read as a part of the debate allowed under clause 3 of RULE XXVIII.-Journal, 3, 56, p. 346.

Unanimous consent given is the equivalent of a suspension of the rules. Record, 2, 44, vol. 23, p. 2226.

SALARIES.

(See COMPENSATION.)

SEATS FOR MEMBERS.

(See RULE XXXII, clauses 1 and 2.)

Previous to second session of the Thirty-fifth Congress each member was provided with a desk and seat within the hall, the location of which for the session has of late years been determined by lot. At that session, with a view to try the experiment of dispensing with desks, the following resolution was adopted, viz:

"Resolved, That the Superintendent of the Capitol Extension be directed, after the adjournment of the present session of Congress, to remove the desks from the hall of the House, and to make such rearrangement of the seats of members as will bring them together in the smallest convenient space.”— Journal, 2, 35, pp. 580, 583.

At the next session, however, the following resolution was adopted, viz:

"Resolved, That the Superintendent of the Capitol Extension be directed to remove the present benches from the hall and replace the old chairs and desks, adopting substantially the original arrangement thereof, but having regard to any reduction of space occupied by them, without interfering with the convenience of the arrangement."-Journal, 1, 36, p. 351. See RULE XXXII in regard to drawing of seats.

It is usual when such drawing takes place to allow members absent by order of the House, or by reason of sickness, to have seats selected for them when their names are drawn, and also to allow the member who has been longest in contin uous service to select his seat when the drawing takes place.

SECRET SESSION.

(See RULE XXI.)

The Clerk, Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain shall be sworn to keep the secrets of the House.RULE II.

Such parts of the Journal of a secret session as may, in the judgment of the House, require secrecy need not be published.-Const., 1, 5, 5.

SECTION.

When considering general appropriation and revenue bills, each clause or paragraph is invariably treated as a section, and it has been uniformly held that debate can not be closed on a paragraph or clause until it is reached.

The previous question may be moved on a section or part of a bill.-Journal, 2, 48, pp. 127, 128, 129.

Debate may be closed on a pending section by ordering the previous question.-Journal, 2, 48, p. 536. (See also clause 1, RULE XVII, and clause 6, RULE XXIII.

The "river and harbor bill," not being a general appropriation bill, its paragraphs or clauses are treated and considered as sections.