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"The hour at which the House adjourns shall be entered on the Journal.”—RULE XVI, clause 5.
A motion to fix the hour to which the House shall adjourn can only be made by unanimous consent or by a suspension of the rules when such motions are in order.
"If a question be put for adjournment, it is no adjournment till the Speaker pronounces it."-Manual, p. 183.
There must be an adjournment before the legislative day will terminate-Journal, 1, 33, p. 804-and an adjournment does not take place by reason of the arrival of the time for the regular daily meeting of the House.-Ibid., pp. 803, 811. And an adjournment does not necessarily take place at 12 a. m. on Sunday, nor is it against order for a majority to continue in session after the said hour, it being a question which must be left to be decided by the judgment and discretion of the House itself.— Journal, 1, 24, pp. 577, 582.
"Neither house during the session of Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting."-Const., 1, 5, 4-5.
Where the two houses adjourn for more than three days, and not to, or beyond, the period fixed by the Constitution or law for the next regular session, the session is not thereby terminated, but continues until an adjournment without day, or until the next regular session. See Journals 1, 39, pp. 107, 108; 2, 39, p. 106; 1, 40, pp. 157, 158, 184. And it is competent by concurrent resolution to provide for an adjournment to a particular day, and if upon that day a quorum is not present in each house, that the session shall terminate.-Journal, 1, 40, pp. 157, 158, 184.
"In case of disagreement between them (the two houses) with respect to the time of adjournment, the President may adjourn the two houses to such a time as he may think proper."-Const., 2, 3, 17.
ADJOURNMENT EXCEEDING THREE DAYS.
Congress almost invariably takes what is commonly termed the "holiday recess," usually from about the 21st of December to the 5th or 7th of January thereafter, and the following is the 9504-18
usual form of resolution adopted, which of course is applicable whenever it is desired to adjourn for any purpose more than three days, viz:
Resolved by the House of Representatives (the Senate concurring), That when the two houses adjourn on the
-, they stand adjourned until 12 o'clock meridday of January, —
of December ian on
ADJOURNMENT SINE DIE.
The adjournment of a session (other than that which terminates with the expiration of the term of service of the members) is provided for by the joint vote of the two houses, and usually in the following form: "Resolved by the Senate and House of Representatives, That the President of the Senate and Speaker of the House of Representatives be authorized to close the present session by adjourning their respective houses on the day of at o'clock-m." And such resolutions have always been held as privileged.
And upon the arrival of the day and hour thus fixed, or the hour of 12 o'clock m. of the 4th of March of each alternate year, when, by the usage, the last session of a Congress terminates, the Speaker (either on or without motion) pronounces the House adjourned sine die.-Journals, 1, 28, p. 1362; 1, 33, p. 1345; 1, 35, p. 1148; 2, 32, p. 431; 3, 34, p. 691; 2, 35, p. 625.
There are instances, however, when the session has been prolonged beyond the hour of 12 m., the most notable being that in the Twenty-eighth Congress, when the House of Representatives remained in session until after 2 p. m. March 4, 1845, and after the hour of 12 m. passed over the veto of President Tyler, a bill relating to revenue cutters and steamers.
The point of order having been made at 12 o'clock midnight, on the 3d of March, 1881, that the Forty-sixth Congress had expired by limitation, it was held by Speaker Randall that the long-established practice of both houses of Congress did not recognize the calendar day as limiting a session of a particular leg. islative day, and that such practice construed the law, the last decision of the House on this point, on the 3d of March, 1851 (2d session 31st Congress), being binding on the Chair until reversed by the House.-Journal, 3, 46, pp. 601, 602.
All reports of committees, except as provided in clause 51 of Rule XI, together with the views of the minority, shall be de livered to the Clerk for printing and reference to the proper Calendar under the direction of the Speaker, in accordance with the foregoing clause, and the titles or subjects thereof shall be entered on the Journal and printed in the Record: "Provided, That bills reported adversely shall be laid on the table unless the committee reporting a bill at the time, or any member within three days thereafter, shall request its reference to the Calendar, when it shall be referred as provided in clause 1 of this rule. Clause 2, Rule XIII.
The member reporting the measure from a committee is entitled to prior recognition, when a claimant for the floor, until it has been taken from him by an adverse vote of the House.— Journal, 1, 49, pp. 2225, 2226, 2227.
(See also RECOGNITION.)
AGENTS FOR CLAIMS.
(See CLAIM AGENTS.)
In making a motion that the House "recede from its disagreement" to an amendment or amendments of the Senate, there should be coupled with the words "and that the House agree to the same."
Otherwise the question is still on agreeing or disagreeing to said amendment, and is open to debate and amendment.
An agreement in the Committee of the Whole that a certain procedure shall be had in the House has no binding parliamentary effect in the House, although it is usual, as a matter of good faith, to carry out such agreement. And an agreement between members in the House to do or not to do a particular thing is not binding on the House until it has made an order to that effect and the same entered on the Journal.
AGRICULTURE, COMMITTEE ON.
Number and duties of.-RULE X and RULE XI, clause 10. One Delegate to be added to.-RULE XII.
The Committee on Agriculture was created May 3, 1820 (Six
teenth Congress), but until the revision of the rules in the Fortysixth Congress no duties had ever been assigned it. In the last-named Congress it was assigned and has since reported the agricultural appropriation bill.
When a question is under debate, no motion shall be received, which several motions shall have precedence in the foregoing order.-RULE XVI, clause 4.
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 amend ment or decision is had thereon.-RULE XIX.
A motion to strike out the enacting words of a bill takes precedence of a motion to amend.-RULE XXIII, clause 7. (See ENACTING WORDS, MOTION TO STRIKE OUT.)
A bill can not be amended on the first reading.-Manual, p. 137. It has become the settled practice of the House not to receive an amendment to a House bill except when the question is on its engrossment, and to a Senate bill when the question is on ordering it to a third reading.
If the motion to amend is pending when a demand for the previous question is made, it is not cut off by the order of the previous question.-RULE XVII, clause 1.
An amendment may be moved to an amendment, but it is not admitted in another degree.-Manual, p. 153.
It has been for many years the practice of the House to per mit as pending, at the same time with such amendment to the amendment, an amendment in the nature of a substitute for part or the whole of the original text, and an amendment to that amendment.-Journal, 1, 31, pp. 1074, 1075. It was decided in the 9th Congress that if the motion to amend the original matter was first submitted, it was not then in order to submit an amendment in the nature of a substitute-Journal, 1, 9, p. 794— but it was subsequently decided otherwise-Journal, 1, 28, p.
807-and the practice since has been in accordance with the latter decision. So that, notwithstanding the pendency of a motion to amend an amendment to the original matter, a motion to amend, in the nature of a substitute, and a motion to amend that amendment, were received, but could not be voted on until the original matter was perfected. This practice was crys talized in the revision of the rules in the 46th Congress into the present RULE XIX, which see.
When bills are reported from committees with amendments, the amendments proposed by the committee are printed in italics, except in cases where the committee recommend striking out certain words, in which case they are printed "stricken through," and, when the bill is considered, are taken up seria tim, having precedence over other proposed amendments, though it is in order to submit an amendment to each amendment reported from the committee or a substitute therefor, to which substitute one amendment is also in order, as provided in RULE XIX. For this reason it is every way preferable, where numerous amendments are proposed by the committee, to report a substitute for the bill, thus presenting to the House the measure in the exact form in which its passage is recommended, and, in addition, saving time occupied in numerous "divisions" on the several amendments, and insuring greater accuracy. (See, also, SUBSTITUTE.)
An amendment of the House to a Senate amendment is only in the first degree; for, as to the Senate, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to.—Manual, p. 175. (See AMENDMENTS BETWEEN THE HOUSES.)
"When it is proposed to amend by inserting a paragraph, or part of one, the friends of the paragraph may make it as perfect as they can, by amendments, before the question is put for inserting. If it be received, it can not be amended afterward in the same stage, because the House has, on a vote, agreed to it in that form."-Manual, p. 158. But an amendment which has been inserted may be added to.-Journal, 1, 19, p. 794.
Although it is not in order to strike out by itself what has been inserted, it may be moved to strike out a portion of the