fact or to produce any paper touching which he shall be examined by either house of Congress, or any committee of either house, for the reason that his testimony touching such fact, or the production of such paper, may tend to disgrace him, or otherwise render him infamous: ProMay be punish- vided, That nothing in this act shall be construed to ed for perjury. exempt any witness from prosecution and punishment for perjury committed by him in testifying as aforesaid.Stat. at Large, Vol. XII, p. 333. May be taken if desired by one present. WRITING. "Every motion shall be reduced to writing if the Speaker or any member desire it.”—Rule 39. "If a member be called to order for words spoken in debate, the person calling him to order shall repeat the words excepted to, and they shall be taken down in writing at the Clerk's table."-Rule 62. YEAS AND NAYS. "The yeas and nays of the members of either house fifth of those on any question shall, at the desire of one-fifth of those present, be entered on the Journal.”—Const., 1, 5, 9. Must be taken "And in all cases" (on the passage of a vetoed bill) "the vetoed bill. votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each on passage of a When demand house respectively."—Ibid., 1, 7, 10. The yeas and nays for may be made. may be called for while a vote on a division by tellers is being taken-Cong. Globe, 2, 28, p. 121-or while the Speaker is announcing the result of such vote-Ibid., 1, 29, p. 420—or even after the announcement, and before passing to any other business-1, 31, p. 277-but not after the result is announced, if delayed until the Speaker shall be in the act of putting another question-Jour nal, 1, 32, p. 254. A quorum not necessary on ordering. ["One-fifth of those present" has always been construed to mean one-fifth of those who vote on the question of ordering the yeas and nays, regardless of the fact as to whether or not a quorum is present.] It is not in order to repeat a demand for the yeas and After refusal of, nays which has been once refused.-Cong. Globe, 1, 29, repeat demand. p. 304; 2, 30, p. 623; Journal, 1, 33, p. 939. not in order to fusal of, may be An order of the yeas and nays-Journals, 1, 19, p. Order of, or re796; 1, 30, p. 405—or a refusal of the yeas and nays-reconsidered. Cong. Globe, 2, 30, p. 623-may be reconsidered. The yeas and nays cannot be demanded on seconding Not in order on a demand for the previous question.-Journal, 2, 19, p. ous question. 493. Nor can they be taken on any question in Committee of the Whole.-Cong. Globe, 1, 28, p. 618. seconding previ Nor in Commit tee of the Whole. to be called alpha "In taking the yeas and nays on any question the Intaking, names names of the members shall be called alphabetically."—betically. Rule 35. And while they are being taken, no mem- No person to ber or other person shall visit or remain by the Clerk's while being table.-Rule 65. visit Clerk's desk taken. one response on After the yeas and nays are ordered and a member No debate after has answered to his name, the roll-call must progress call of. without debate.-Cong. Globe, 1, 31, p. 1686. in House shall cused. be excused from No member to ested, or without vote where inter "Every member who shall be in the House when the Every member question is put shall give his vote, unless the House shall vote, unless exexcuse him. All motions to excuse a member from vot- When motion to ing shall be made before the House divides, or before voting to be the call of the yeas and nays is commenced; and the made. question shall then be taken without debate."-Rule 42. "No member shall vote on any question in the event of which he is immediately and particularly interested, or in any case where he was not within the bar of the House when the question was put. When the roll-call After the rollcall is completed. is completed the Speaker shall state that any member offering to vote does so upon the assurance that he was within the bar before the last name on the roll was called: Provided, however, That any member who was absent by leave of the House may vote at any time before the result is announced."-Rule 29. the bar. After result announced. But the Speaker shall not entertain the request of a member to change his vote after announcement or to vote if not present when the vote was taken.-Rule 29. [A member of a committee of conference, according Member of conto the recent practice, is understood to have leave of the tee has privilege of one absent by House to be absent on the duties of his committee.] leave. ference commit No member to vote if without bar. Names of mem. bers not voting recorded. "Upon a division and count of the House on any question no member without the bar shall be counted."— Rule 41. (See BAR OF THE HOUSE.) The names of members not voting on any call of the on call of, to be yeas and nays shall be recorded in the Journal immediately after the names of those voting in the affirmative and negative, and the same record shall be made in the Congressional Globe.-Rule 149. Member has right to change A member has the right to change his vote before the vote before deci- decision of the question has been finally and conclusion finally pronounced. sively pronounced by the Chair.-Journal, 2, 20, pp. 357, 358. [But not afterwards.] Record of vote, if correct, cannot cause of misap And it is not competent for a member to have the be amended be. Journal amended, so as to have the record of his vote prehension of changed, upon a representation that such vote, though question. recorded as given, was given under a misapprehension.-Journals, 2, 8, p. 167; 2, 27, p. 263. Erroneous rec A member has a right to have an erroneous record of ord of vote may his vote corrected after the announcement of the result of a vote.-Journal, 1, 38, pp. 586, 587. be corrected after result is declared. INDEX TO BARCLAY'S DIGEST. A. Absence from the House, prohibited, unless by leave, &c.. less than a quorum may compel absentees to attend. Absence from Committee of the Whole, when no quorum on account of.. Accounts, Committee of, its number, and when appointed. duties of Accounts for pay and mileage. (See Sergeant-at-arms.) Address to the President, when and by whom to be presented.. usually two conferences before. may be conference after, agreed to.. after, agreed to by both houses, bill lost. Adjourn, motion to, always in order.. not debatable.. motion to fix the day takes precedence of, unless no quo- cannot be made while member is speaking unless he yields member speaking may yield for. not in order while House is voting. cannot be amended.. when it may be repeated... hour of meeting, to be entered on the Journal. takes precedence of motion to fix the hour of next meet- is not carried till the Speaker pronounces it.. must be carried before legislative day ceases.. for more than three days not in order, except as a con- for more than three days is privileged.. for more than three days does not terminate session Adjourn, motion to fix the day to which the House shall, always in order.. takes precedence of motion to adjourn, unless no quorum is pres- ent Adjourn, motion to fix the hour to which the House shall, when in order. when it takes place.. may be made to take place on failure of a quorum in Agents for claims. (See Claim Agents.) Agriculture, Commmittee on, when appointed, and number of.. duties of Amendment, precedence of motion to amend.......... motion to strike out enacting words takes precedence of.. not cut off by the previous question... an amendment to, in order, but in no higher degree... may be an amendment to substitute, and also an amendment to. paragraph proposed to be inserted may be amended. where paragraph inserted may be amended by adding to or by paragraph proposed to be struck out may be amended. motion to strike out and insert, indivisible. after adoption of, proposition cannot be withdrawn. must be germane, and not incorporate any pending bill to railroad bills.... converting a resolution into joint resolution not in order. reported from the Committee of the Whole or Senate not divis- additional, may be moved after report of bill from Committee effect of striking out a paragraph in committee after amending to general appropriation bills. (See Appropriation Bills). Amendments between the two houses, regular progression in case of, from disa- greement to adhere.. effect of adherence by both houses.. either house may recède.... motion to recede takes precedence of insisting.. not in order for House to insist or recede from its amendment amendment to Senate's amendment in order 12 House may amend Senate's amendment to House's amendment. 13 one house may adhere in the first instance.. 13 motion to insist takes precedence of adherence.. 13 after adherence by one house, the other may recede. (See Ad- Appeal, question of order arising out of a question to be first decided. no debate on, where member called to order for indecorum, &c.. 13 13 13 13 14 13 13 where too late to raise a question of order. question just decided on, cannot be renewed. 14 14 where too late to reconsider vote on..... not in order while another appeal is pending. how question on, is stated.... questions of order and decisions on, to be noted at end of Journal.. Appropriation bills, general, when to be reported....... may be reported at any time... 14 14 14 15 14 15 15 |