Page images
PDF
EPUB

PRIVILEGE-Continued.

(h) Relating to authority of the House-Continued.

A Member having defied the authority of the Chairman of the Committee of the Whole, the matter was treated as a question of privilege. (1632) 1-24, Journal, pp. 1209, 1225, Globe, p. 484.

(i) Relating to procedure of the House.

An alleged violation of the rule relating to admission to the floor is a question of privilege. (129) 1-49, Journal, p. 781, Record, p. 1905. A charge by a Member that the Journal of the House has been mutilated by the Speaker was made a question of privilege. (130) 1–31, Journal, p. 713.

The alleged improper alteration of a bill presents a question of privilege. ( (131) 1-33, Journal, p. 1194.

The printing of an argument with the text of a bill was held to involve a question of privilege, and the House ordered the objectionable portions stricken out. 1-56, Record, pp. 788, 789, Journal, p. 152. The correction of the reference of a public bill presents a question of privilege. (125) 2-46, Journal, pp. 842-877, Record, pp. 1804, 1817, 1844, 1846.

A motion to correct an error in referring a bill to the proper Calendar presents a question of privilege. (126) 2–50, Journal, p. 534, Record, pp. 2020, 2021.

A resolution relating to an alleged abuse of the privileges of the floor does not present a question of higher privilege than a contestedelection case. (439) 1-48, Record, p. 4406.

The House having made a continuing order of arrest, a motion on the succeeding day that the Sergeant-at-Arms be summoned to report his action was ruled not to be a question of privilege. (201) 2–53, Journal, p. 149, Record, p. 2034.

A bill relating to the taking of the census was held to be privileged because of the constitutional requirement. 1-56, Record, p. 884, Journal, p. 166.

A Member has not the right, without a question put, to have a book or paper read on suggesting that it contains matter infringing on the privileges of the House. (1237) Jefferson's Manual, Section XXXII, p. 174.

A report having been ordered to be made by a committee, but not being made within a reasonable time, a resolution relating thereto was decided to be privileged. (125a) 2-51, Journal, p. 174, Record, p. 1789.

PRIVILEGE-Continued.

(i) Relating to procedure of the House-Continued.

A conference report having been agreed to, it is too late to raise, as a matter of privilege, a question as to whether or not the managers have exceeded their authority. 1-57, Record, pp. 2527, 2528. A resolution of inquiry not being reported back within one week, a motion to discharge the committee from the consideration of it presents a question of privilege. (426-430) 1-47, Journal, p. 1124, Record, p. 3275; 1–49, Journal, p. 1420, Record, p. 3929, 3930; 2-51, Record, pp. 2456, 2457; 1-52, Journal, pp. 107, 296, Record, pp. 2192, 6218.

At the expiration of a week a motion to discharge a committee from the consideration of a resolution of inquiry is privileged, although the resolution may have been delayed in reaching the committee. (431) 1-53, Journal, pp. 106, 107.

(j) Reports of debates, etc.

A question as to the accuracy or propriety of anything contained in the official records of debates may be submitted to the House as a matter of privilege. (117, 119) 2-48, Journal, pp. 73, 74, Record, p. 205; 1-49, Journal, p. 1835, Record, pp. 5416, 5420.

A resolution to correct the Congressional Record is privileged, and such correction is not within control of the Speaker. 1-57, Record, p. 2524. A resolution to omit from the Congressional Record certain remarks declared out of order does not present a question of privilege. (118) 2-48, Journal, p. 356, Record, p. 1024.

A resolution to expunge a speech from the Record must be entertained as a matter of privilege, but this does not necessarily entitle the Member implicated to the floor on a question of personal privilege. (119) 1-49, Journal, p. 1835, Record, pp. 5416, 5420.

A resolution as to an alleged false and scandalous report of the proceedings of the House by one of its reporters presented as a matter of privilege. (120) 2-29, Journal, p. 320, Globe, p. 359.

It is improper for a Member to have published in the Record the individual votes of Members on a question upon which the yeas and nays have not been entered on the Journal. (104) 2-53, Journal, p. 244, Record, p. 2905.

A question of privilege as to an alleged error in the Record may not be raised until the Record has appeared. 1-56, Record, p. 4616.

An error in the Congressional Record having been corrected, a question of privilege may not arise therefrom. (198) 1-52, Journal, p. 340, Record, p. 6896.

H. Doc. 87, 59-1-38

PRIVILEGE-Continued.

(j) Reports of debates, etc.-Continued.

A resolution relating to the distribution of the Congressional Record does not present a question of privilege. (213) 2–54, Record, p. 1632. A Member having announced his intention to publish in the Record certain extracts, but not having obtained leave of the House, the refusal of the proposed insertion violates no privilege. Journal, p. 114.

(186) 1-53,

The publication by the Public Printer of an article alleged to be for the purpose of exciting unlawful violence among Members has been considered a matter of privilege. (121) 1-33, Journal, p. 965, Globe,

p. 1361. Alleged libelous statement of a reporter being made a subject of privilege, the reporter was at once arrested, brought to the bar of the House, and interrogated. (122) 2–41, Journal, pp. 957, 961, 962, 1068, Record, pp. 4315, 4318, 4320, 4692.

Alleged misconduct of an occupant of the press gallery, although occurring during a former Congress, brought before the House as a matter of privilege. (123) 1-48, Journal, p. 444, Record, p. 741. A newspaper having attributed to a Member certain remarks which he denied having used, it was decided that no question of privilege was involved. (188) 2–53, Journal, p. 480.

(k) General cases of.

A newspaper allegation that a certain number of Representatives (names not given) had entered into a corrupt speculation was decided by the House to involve a question of privilege. (101) 2–51, Journal, p. 120, Record, pp. 1196-1200. But vague charges of corruption against Members generally were held not to involve a question of privilege. (184) 1-51, Journal, p. 108, Record, p. 7976. A newspaper article criticising Members generally involves no question of privilege. 1-57, Record, p. 4578.

The publication by a Member of alleged false and scandalous charges against the House and its Members involves a question of privilege. (103) 1-52, Journal, p. 345.

Charges alleged to have been made against Members in the report of an agent of a foreign power, and presented by a Member, were held to involve a question of privilege. 1-57, Journal, p. 530, Record, pp. 3330-3332.

General charges that attempts are being made through public sentiment to influence the House do not give rise to a question of privilege. 1-57, Record, p. 2639.

PRIVILEGE-Continued.

(k) General cases of-Continued.

A declaration on the floor of the House that a statement made by a Member on his own responsibility is false presents a question of privilege.

(99) 1-49, Record, p. 5516.

An explanation having been demanded of a Member for a question asked during a trial for contempt, the House did not take up the matter as a question of privilege. (163) 1-22, Journal, p. 740, De

bates, pp. 3023-3036.

(143)

A bill to amend the law in relation to vacancies in the offices of President and Vice-President was treated as highly privileged. 2-44, Journal, pp. 555, 556, Record, p. 1980.

A Speaker, having been accused of a corrupt bargain by a Member, appealed to the House. (149) 2-18, Debates, pp. 440–523.

The Speaker has spoken briefly from the chair on a question of privilege relating to himself. 1-57, Record, pp. 2876–2877.

An alleged corrupt combination on the part of certain Members constituted a question of privilege. (151) 3-34, Journal, pp. 475, 476, Globe, pp. 764, 766.

A resolution that the rights and dignity of the House have been invaded by the Executive presents a question of privilege. (140) 2–53, Journal, pp. 43, 44, Record, pp. 397–400.

Language used in the House and published in the Congressional Record reflecting upon the Senate and Senators presents a question of privilege. (141) 1–51, Journal, pp. 1041, 1044, Record, pp. 10068, 10101. A motion to discharge a committee from the consideration of a vetoed bill presents a question of privilege and is in order at any time. (124) 1-49, Journal, p. 2397, Record, p. 7699.

(1) Impeachments.

A proposition to impeach a civil officer of the United States is privileged. (144-148) 3-27, Journal, p. 159, Globe, p. 145; 2-39, Journal, p. 121, Globe, p. 320; 2–48, Journal, pp. 27, 28, Record, pp. 17–19; 1–54, Journal, p. 37, Record, p. 115; 1-48, Journal, p. 495, Record, p. 871. A report on the subject of an impeachment being laid on the table, the right to move an impeachment in the same case is not thereby precluded. (958) 2-40, Globe, p. 65.

An impeachment having been begun in the preceding Congress, a resolution for reviving the proceedings was held to be privileged. (684) 1-46, Journal, pp. 442, 443, Record, pp. 1774, 1775.

No Member on the floor having preferred articles of impeachment against a civil officer, a resolution to investigate is not privileged. (148) 1-48, Journal, p. 495, Record, p. 871.

PRIVILEGE-Continued.

(m) Member's right to his seat.

The right of a Member to his seat presents a question of privilege and takes precedence of other business. (107-116) 1-26, Journal, pp. 1283, 1300; 1-29, Journal, p. 201, Globe, p. 158; 1-31, Journal, p. 1065, Globe, pp. 1315, 1317; 2-31, Journal, p. 119, Globe, p. 190; 2-44, Journal, p. 15, Record, p. 11; 1-48, Record, p. 5299; 1-49, Record, p. 7403; 1-53, Journal, pp. 157, 159; 1-51, Journal, p. 22, kecort,

P. 196.

A resolution for the employment of a handwriting expert in an election case was admitted as privileged. 2-58, Record, p. 721, Journal, p. 142.

The right of a Member to his seat may come up at any time as a question of privilege, even though the subject has been referred to a committee. (112) 1-48, Record, p. 5299. The question whether or not a Member's right to his seat, being a matter of privilege, need necessarily be first determined by a committee. (115, 116) 1-51, Journal, p. 22, Record, p. 196; 1–53, Journal, p. 159. A motion to discharge a committee from the consideration of a contested election case presents a question of the highest privilege. (113) 1-49, Record, p. 7403.

Pending the decision of so high a question of privilege as the right of a Member to his seat, a motion to suspend the rules is not in order. (111) 2-44, Journal, p. 15, Record, p. 11.

A resolution providing for an investigation of the election of a Member presents a question of privilege. (114) 1–53, Journal, p. 157. (n) Duels, assaults, affrays, etc.

For assaulting a Member for words spoken in debate Samuel Houston was in 1832 arrested at once, tried, and censured by the House for invading its rights and privileges. (162) 1-22, Journal, pp. 590, 593, 595, 600, 604, 610, 713, 725, 730, 736, Debates, pp. 2511, 2534, 2540, 2548, 2550, 2563, 2822, 2839.

One reporter having assaulted another in the presence of the House, punishment for breach of privilege was inflicted. (165) 1-24, Jour

nal, pp. 983, 985, 1021, Globe, pp. 436, 437, 450. The reading of the Journal being interrupted by an assault, it was concluded after the offender had been taken into custody by order of the House. (165) 1-24, Journal, pp. 983, 985, 1021, Globe, pp. 436, 437, 450.

An assault by a Member of the House upon a Senator at his seat in the Senate was determined to be a breach of the privileges of the House as well as of the Senate. (167) 1-34, Journal, pp. 1023, 1029, 1076, 1077, 1185-1187, 1193-1194, 1197-1201, 1205-1221, Globe, pp. 1290, 1348-1352, 1578.

« PreviousContinue »