AMENDMENT-Continued.

(1) In Committee of the Whole-Priority of amendments-Continued.

In Committee of the Whole motions to amend have precedence of the motion to rise and report. 2-56, Record, pp. 1200-1202; 1–57, Record, pp. 6777, 6778; 2-58, Record, p. 2440.

In Committee of the Whole the simple motion that the committee rise has precedence of the motion to amend. 1-57, Record, p. 6426. The closing of debate on the last section of a bill considered under the five-minute rule does not preclude debate on a substitute for the whole text of the bill. 1-57, Record, p. 6777. During consideration of a bill by paragraphs in Committee of the Whole a substitute was offered before all the paragraphs had been read, and as no further amendments had been or were now proposed to the text of the bill, and as the substitute had been debated, it was held to be in order to vote on the substitute. (1105) 2-49, Record, p. 1059.

By offering a pro forma amendment in Committee of the Whole a member does not lose the right to insist on his pending point of order. 2-57, Record, pp. 381–383.

(m) Senate amendments in Committee of the Whole.

Senate amendments to House bills must be considered in Committee of the Whole if they are such as, originating in the House, would be subject to that point. (765) Rule XX.

A Senate amendment which is a modification merely of a House proposition, like the increase or decrease of the amount, etc., and does not involve new and distinct expenditure, is not required to be considered in Committee of the Whole. (1323-1332) 3-46, Journal, p. 558, Record, pp. 2299-2301; 1-51, Journal, p. 1087, Record, p. 10490; 2-51, Journal, p. 333, Record, pp.3606-3608; 2-52, Journal, p. 68, Record, pp. 1150-1153; 2-52, Journal, p. 79, Record, pp. 1292, 1293; 2-54, Record, p. 1253; 2-57, Journal, p. 137, Record, p. 965; Record, p. 725.

An amendment to a Senate amendment, providing an appropriation for another purpose than that of the Senate amendment, requires to be considered in Committee of the Whole, and the House may at once go into committee for that purpose. (769) 2-48, Record, pp. 2421-2423.

A Senate bill with a proposed committee amendment in the nature of a substitute being under consideration in Committee of the Whole, the bill was first read by sections for amendment, and then the substitute was perfected. 1-57, Record, pp. 6419–6420.

AMENDMENT-Continued.

(m) Senate amendments in Committee of the Whole-Continued.
When a House bill with Senate amendments is committed to the
Committee of the Whole, that committee considers only the amend-
ments. 1-57, Record, pp. 4585, 4586.

The fact that one of several Senate amendments must be considered
in Committee of the Whole does not prevent the House from pro-
ceeding with the disposition of those not subject to the point of
order. (1333) 1-48, Record, pp. 5981, 5985.

In Committee of the Whole a Senate amendment, even though it be
very long, is considered as an entirety and not by paragraphs or
sections. 1-57, Record, p. 4530.

(n) Disposition of amendments reported from Committee of the Whole.
It is a frequent practice for the House to agree at one vote to all the
amendments of a bill reported from the Committee of the Whole,
but it is the right of any Member to demand a separate vote on any
or all of the amendments. (1110) 2-55, Record, p. 1363.
When a bill is reported from the Committee of the Whole with amend-
ments, it is in order to submit additional amendments, but the first
question is on the amendments reported. (1108) 1-29, Journal, p.
865, Globe, p. 876.

An amendment reported from the Committee of the Whole as an entire
and distinct proposition may not be divided, but must be voted on
as a whole. (1112–1121) 1–28, Journai, p. 1061, Globe, p. 653; 1–29,
Journal, pp. 366, 642, Globe, pp. 348, 349; 1–30, Journal, p. 1059, Globe,
p. 948; 2-30, Journal, p. 574, Globe, p. 642; 2-51, Journal, p. 167;
2-53, Journal, p. 130, Record, p. 1795.

The Committee of the Whole having decided between two propositions
and the House having agreed to the amendment embodying that
decision, it was held to be in order in the House to move to recom-
mit with instructions that in effect brought the two propositions to
the decision of the House. 3-55, Record, pp. 2255, 2257.
The hour for taking a vote having arrived, an amendment pending and
undisposed of in Committee of the Whole at the time is not acted on
in the House. 3-55, Record, p. 1332.

Amendments should be voted on in the order in which they are
reported from the Committee of the Whole, although they may be
inconsistent one with another. (1109) 2-53, Journal, p. 129, Record,
pp. 1794, 1795.

All amendments to a bill reported from the Committee of the Whole stand on an equal footing, and must be voted on by the House. 2-56, Record, p. 346.

AMENDMENT-Continued.

(n) Disposition of amendments reported from Committee of the Whole-Cont'd. If a Committee of the Whole amend a paragraph, and subsequently strike out the paragraph as amended, the first amendment falls and is not reported to the House or voted on. (754) 2-31, Journal, p. 346, Globe, p. 679.

An amendment in the nature of a substitute is reported from the Committee of the Whole in its perfected form, amendments to the substitute not being noted in the report. 1-56, Record, pp. 3865, 3866; 2-56, Record, pp. 112-122; 2-57, Record, pp. 924, 925.

The Committee of the Whole having recommended two amendments, the second being a proviso apparently relating to the first, and the first amendment being defeated, the proviso did not thereby fall, as it attached to the section. (1050) 1-44, Journal, p. 1297, Record, p. 4746.

The fact that an amendment has been offered and rejected in the Committee of the Whole does not prevent the same amendment from being offered again when the bill comes up in the House. (1111) 1-54, Record, p. 2710; 1-57, Record, p. 1659.

(0) Senate amendments in general.

Senate amendments to a House bill are considered in their order. (1334) 1-52, Journal, p. 336, Record, pp. 6824, 6864; 2-56, Record, p. 3572.

It is in order to lay upon the table Senate amendments to a House bill, and the bill in such a case goes to the table with the amendments. (953) 1-33, Journal, p. 1250, Globe, p. 2071.

In considering a bill which has been amended by the other House, it is not in order to change the text to which both Houses have agreed. (1342) 2-48, Journal, p. 719, Record, p. 2304; 1-57, Record, pp. 4593, 4595, 4597, 4956.

The text to which both Houses have agreed may not be amended, even by adding a new section at the end of the bill. 1-57, Record, p. 4642.

The rule determining the degree of an amendment in cases of amendments between the Houses. (1321) Jefferson's Manual, Section XLV, pp. 206, 207.

An amendment of one House being amended by the other, the first House may amend the last amendment, but further amendment is not permissible. 1-57, Record, p. 4749.

A motion being made to concur in a Senate amendment with an amendment, it is in order to propose to that amendment an amendment, and a substitute. (1347) 1-55, Record, pp. 810-812.

H. Doc. 87, 59-1-21

AMENDMENT-Continued.

(0) Senate amendments in general-Continued.

Before the stage of disagreement has been reached, the motion to refer Senate amendments has precedence of the motion to concur. (1343-1345) 1-48, Record, p. 3942; 2-52, Journal, p. 101, Record, p. 1954; 2-54, Record, p. 372.

A motion to amend an amendment from the other House takes precedence of a motion to agree or disagree. 1-57, Record, pp. 4531, 4541, 4542, 4593, 4601, 4629, 4642.

The stage of disagreement not having been reached, the motion to
concur with an amendment has precedence of the simple motion
to concur. (1346) 2-55, Record, pp. 839-840.

A conference report may not be amended or altered. (1366) Jefferson's
Manual, Section XLVI, p. 208.

The question as to whether or not an amendment to a Senate amend-
ment, being germane, may involve a change of law and therefore
be such as would not have been in order if offered originally in the
House. (1336-1338) 2-50, Journal, p. 667, Record, p. 2454; 2-48,
Record, pp. 2421, 2422; 2-55, Record, p. 6098.

In amending a Senate amendment the House is not confined within the limits of amount set by the original bill and the Senate amendment. 1-57, Record, p. 2188.

When the House disagrees to a Senate amendment after amending it the adopted amendment is of no effect. 1-57, Record, pp. 4531, 4541, 4542.

A question of personal privilege has been given precedence over privileged Senate amendments remaining to be disposed of after the rejection of a conference report. 2-56, Journal, pp. 281, 282, Record, p. 3092.

A bill and amendments having once been sent to conference, do not, upon the rejection of the conference report, return to their former state, so that the amendments may be sent to the Committee of the Whole. (1389) 1-54, Record, pp. 5532, 5533.

(p) Amendments must be germane.

Amendments must be germane. (1044) Rule XVI, section 7. Amendments reported from a committee, as well as those offered from the floor, must be germane. 1-56, Record, p. 4615, Journal, pp. 500,

501.

Decisions discussing at length the quality of germaneness in amendments. (1071, 1073) 1-51, Journal, pp. 980, 981, Record, pp. 90979101; 2-55, Record, pp. 627, 638, 842.

AMENDMENT-Continued.

(p) Amendments must be germane—Continued.

An amendment simply striking out words already in a bill may not be held not germane. 2-58, Record, pp. 4059, 4060.

The germaneness of an amendment should be judged from the provisions of its text rather than from the purposes which circumstances may suggest. 2-56, Record, pp. 1052-1054; 1-57, Record, pp. 889, 895; 2-58, Record, p. 2759.

The question as to the germaneness of propositions which are related to the same general subject. (1067) 2-41, Journal, p. 907, Globe, pp. 4072, 4073; 1-51, Record, pp. 3996, 3997; 1-57, Record, pp. 4405– 4416.

While the decisions have not been uniform, those most recently made have held that an amendment must be germane to the particular paragraph under consideration rather than to the general provisions of the bill. (1061-1066) 2-45, Journal, p. 1230, Record, pp. 4161, 4162; 1-55, Record, pp. 353,474,529; 2-55, Record, pp. 3483,4449; 2-56, Record, pp. 82, 83; 1-57, Record, p. 2580; 2-58, Record, pp. 2447, 3710, 3711.

An amendment germane to a bill as a whole, but hardly germane to any one section, may be offered at an appropriate place, with notice of motion to strike out following sections which it would supersede. 2-56, Record, pp. 1532, 1533.

It is not in order to move to recommit a bill with instructions to the committee to report an amendment which is not germane. (10231031) 1-48, Journal, pp. 703, 1247, Record, pp. 4256,4257; 2-35, Journal, p. 389, Globe, pp. 1007, 1009; 2-53, Journal, pp. 446, 453, Record, pp. 6739, 6908; 2–51, Journal, p. 165, Record, p. 1638; 1–55, Record, pp. 989, 1187; 2-55, Record, p. 811; 3-58, Record, p. 3775.

A privileged proposition may not be amended by adding thereto matter not privileged or germane to the original question. (1079) 2-48, Journal, p. 546, Record, p. 1637; 2–58, Journal, p. 418, Record, pp. 3146-3149.

It is not in order to amend a pending privileged proposition by adding instructions to a committee on a matter not privileged and not germane to the original proposition. (1078) 1-48, Journal, p. 389. An amendment must be germane to the Senate amendment to which it is offered, it not being sufficient that it should be germane to the general provisions of the bill. (1335–1337) 1-48, Journal, p. 1653; 2-50, Journal, p. 667, Record, p. 2454; 2-48, Record, pp. 2421, 2422.