Page images
PDF
EPUB

EXPENDITURES IN THE DEPARTMENT OF JUSTICE,

EXPENDITURES IN THE DEPARTMENT OF AGRICULTURE, AND

EXPENDITURES ON THE PUBLIC BUILDINGS.

(See RULE XI, clauses 35 to 44.)

These committees, with the exception of those on the Interior Department, Department of Justice, and Department of Agriculture, were created on the 30th of March, 1816. The two committees first named were created, respectively, March 16, 1860, and January 16, 1874, and the last named on December 20, 1889.

EXPUNGE, MOTION TO.

(See RESCIND.)

EXTRA SESSIONS OF CONGRESS.

(See SESSIONS OF CONGRESS.)

FEES.

Section 53 of the Revised Statutes provides that, in addition to his regular salary, the Sergeant-at-Arms shall receive, directly or indirectly, no fees, other compensation or emolument whatever, for performing the duties of his office, or in conneċtion therewith.

Of witness-RULE XXXVII.

But from the District of Columbia they shall not be allowed exceeding two dollars for each day's attendance.-Sess. Laws, 1, 44, p. 41.

The Clerk shall certify extracts from the Journals of the House of Representatives, and for such copies shall receive the sum of ten cents for each sheet containing one hundred words.— R. S., sec. 71.

FILES.

(See RULES XXXVIII and XXXIX.)

It is not necessary that leave should be asked of the House to take from the files any paper or document for reference to a committee. The file clerk will, on the verbal or written request

of a member, take from the files and refer to the proper committee any papers or documents on the files of the House, and such reference will appear in the Journal and Record as though actually placed in the petition box at the Clerk's desk.

As to the right of an officer or employé of the House to take any paper belonging to the files of the House for production before any court or officer see SUBPOENA.

FIVE MINUTES' DEBATE.

(See RULE XXIII, clauses 5 and 6.)

The committee may at any time close debate in Committee of the Whole-RULE XXIII, clause 6-but the bill must have been first considered in Committee of the Whole; and this rule applies to messages, etc., as well as bills.-Journal, 1, 32, pp. 146, 147.

Allowed on amendments, and on amendments to amendments, may be closed on an amendment or paragraph.—Ibid.

Where a bill or resolution is under consideration "in the House as in Committee of the Whole" under what is known as the "five-minute rule," motions to lay on the table, for the previous question, to reconsider, to postpone, etc., are in order, as is also the demand for the yeas and nays. Such an order merely takes the bill out of the Committee of the Whole and limits debate thereon to five-minute speeches.

(See COMMITTEES OF THE WHOLE.)

FLOOR, PRIVILEGE OF ADMISSION TO.

(See RULE XXXIV.)

The first rule for the admission within the hall of other than members was adopted on the 7th of January, 1802, and was confined to "Senators, officers of the General and State Governments, foreign ministers, and such persons as members might introduce." On the 11th January, 1802, an attempt was made to amend so as to exclude persons "introduced by members,” which failed. On the 8th of November, 1804, a proposition was

made to confine the privilege to Senators, which also failed. On the 17th December, 1805, officers of State governments were excluded. On the 1st February, 1808, a proposition was made to admit ex-members of Congress and the judges of the Supreme Court. After a good deal of debate it was rejected. On the 11th February, 1809, the rule was enlarged so as to admit judicial officers of the United States, as also ex-members of Congress. On the 25th February, 1814, those who had been heads of Departments were admitted. On the 10th February, 1815, officers who had received the thanks of Congress were included; on the 12th January, 1816, the Navy commissioners; on the 21st February, 1816, governors of States and Territories; March 13, 1822, the President's secretary. On the 26th January, 1833, the rule was further enlarged by admitting "such persons as the Speaker or a member might introduce," and on the 10th December, 1883, the House, by a vote almost unanimous, rescinded that amendment. On the 23d of December, 1857, soon after removing into the new hall in the south wing of the Capitol extension, the privilege of admission was restricted to "members of the Senate, their secretary, heads of Departments, President's private secretary, the governor for the time being of any State, and judges of the Supreme Court of the United States." On the 19th of March, 1860, it was adopted in its present form, excepting the last clause, a proposition to admit ex-members having been rejected. The last clause, adopted March 2, 1865, was intended to prevent persons not entitled to the privilege of the hall from occupying the cloak and other adjoining rooms. January 29, 1878, the House adopted the following resolution, by yeas 155, to nays 92, viz: "Resolved, That the rule in regard to the admission of persons to the privileges of the floor be enforced, and the Speaker is requested to discontinue the practice of issuing passes, which has been indulged in by common consent." See Journal, first session Forty-fifth Congress, pp. 316, 317.

In the revision of the rules in the second session Forty-sixth Congress, the words "contestants in election cases during the pendency of their cases in the House" were added, so as to authorize the then existing practice, and in the first session of the Forty-eighth Congress the word "Congress" was stricken 9504-26

out and the words "House of Representatives" inserted, so as to restrict the privilege of the floor to "ex-members of the House of Representatives."

The mere allegation that RULE XXXIV had been violated would not warrant or justify the Chair in excluding the person named from the floor.-Journal, 1, 48, p. 1298.

The Doorkeeper is required by RULE V, clause 1, to execute strictly the aforesaid rule.

A resolution relating in any way to the privileges of the floor is a "privileged question."-Journal, 1, 49, p. 781.

FOREIGN AFFAIRS-COMMITTEE ON.

When appointed, number of members, and duties of.-RULES X and XI, clause 11.

This committee was created on the 13th of March, 1822 (1st sess., 17th Congress), and on the 19th of December, 1885 (1st sess., 49th Congress), was assigned the duty of reporting the consular and diplomatic appropriation bill.

FOREIGN PARLIAMENTS.

See also PARLIAMENTARY LAW.

In view of the fact that the question of correct "parliamentary practice and procedure" is one of engrossing importance, not only in this country but in the leading countries of Europe, and that a very remarkable step was taken in 1889 by the Emperor of Japan in respect to the establishment of a Parliament consisting of a House of Peers and a House of Representatives, the compiler has deemed it proper to insert in this edition as a matter of interest, a sketch of the constitution of and practice in, the principal foreign legislatures or parliaments. While most of the information herewith given is derived from recent official documents of the British Parliament, such as "Reports Respecting the Practice and Regulations of Legislative Assemblies in Foreign Countries," and "Reports on the Practice Prevailing in certain European Countries in Contests for Election to Representative Legislative Assemblies," the compiler is indebted for valuable information to the very admirable volume

compiled by Mr. Reginald Dickinson, barrister at law, and one of the clerks of the House of Commons of England, who has just published a second edition of his "Summary of the Constitution and Procedure of Foreign Parliaments." A brief summary of the constitutions of the following governments, being the prin cipal ones of Europe, is given with the remark that the compiler hopes in the next edition to give not only a more accurate abstract or summary of the more important features of these constitutions, but of the methods of procedure in the leading parliaments of Europe, viz: Austria-Hungary, Belgium, Denmark, France, Great Britain, Greece, Italy, Japan, Netherlands, Portugal, Spain, Sweden and Norway, and Switzerland.

AUSTRIA-HUNGARY.

The constitution of Austria Hungary, as it at present exists, was finally promulgated in December, 1867. Each country has its separate executive government and its separate Par liament, consisting of two Chambers, whilst the hereditary sovereign, the army, the navy, and the diplomatic service are common to both.

The representative assembly of the Empire, known as the Delegations, consists of one hundred and twenty members, of whom half are chosen from the Austrian and half from the Hungarian Parliament, the upper house of each returning twenty, and the lower house forty representatives. In addi tion each Parliament elects thirty supplementary members (suppléants), ten being named by the upper house and twenty by the lower. The choice of delegates and their substitutes is renewed every year, but retiring members are eligible for re election. Any representative who ceases to be a member of the Parliament by which he has been chosen, ipso facto, loses his seat in the Delegation, and a new election takes place.

Should, however, the Parliament of the country from which he comes not be in session, his substitute takes his place. In the event of the dissolution of the Chamber of Deputies in either kingdom, the powers of the particular Delegation come to an end, and the new Parliament elects a fresh Delegation. These Delegations exercise a parliamentary control over the

« PreviousContinue »