PRIVILEGE-Continued. (n) Duels, assaults, affrays, etc.—Continued. A question of privilege presented by an assault by one Member upon another on their way to the Capitol. (168) 1-34, Journal, pp. 1527, 1589, Globe, p. 2238. A Member absent by leave of the House and on his return thither being assaulted, the assailant was arrested and imprisoned for a term extending beyond the adjournment of the session. (169) 2-41, Jour nal, pp. 1199, 1200, Record, pp. 4317, 4325, 4352, 5253. Warm words and an assault between two Members in Committee of the Whole were treated as a breach of privilege. (1628, 1629, 1630) 2-25, Journal, p. 1013, Globe, p. 422; 1-26, Journal, p. 814, Globe, pp. 343, 394-396, 398; 1–28, Journal, p. 846, Globe, pp. 552, 577,578,604. An assault by one Member upon another was acted upon as a question of privilege in 1798. (157) 1-5, Journal, pp. 154, 185, Annals, pp. 961, 964, 972, 979, 1034. The Graves-Cilley duel, being occasioned by a question as to words spoken in debate, involved a breach of privilege. (166) 2-25, Journal, pp. 501, 502, 811, 858, 860, 861, Globe, pp. 200, 201, 320, 329, 494. Challenge of a Member by a Senator in 1796 was determined to be a breach of the privileges of the House. (156) 1-4, Journal, pp. 470474, Annals, pp. 786-795. An assault upon one of the police of the Capitol within the precincts of the Capitol has been treated as a question of privilege. (1630) 1-28, Journal, p. 846, Globe, pp. 552, 577, 578, 604. The assault upon the private secretary of the President in the Capitol in 1828. (161) 1-20, Debates, p. 2715. It being doubtful whether or not an assault on a Member had been for words spoken in debate, no action was taken. (164) 2-23, Journal, pp. 485, 489, 518, Globe, p. 314. (0) What are not cases of. A resolution recommending the recall of a foreign minister of the Subjects relating to the relations of the United States with other na- A proposition to investigate alleged unnecessary violence of policemen toward citizens on the Capitol grounds was ruled not to present a question of privilege. (205) 2-53, Journal, p. 369, Record, p. 4335. PRIVILEGE-Continued. (0) What are not cases of-Continued. A charge that a committee had been inactive in regard to a measure committed to it was decided not to constitute a question of privilege. (211) 2-53, Journal, p. 552, Record, p. 8339. The charge that a committee has reported a bill containing items of appropriation not in order under the rules does not present a question of privilege. (212) 2-54, Record, p. 2100. A newspaper article vaguely charging Members of Congress generally with corruption may not be brought before the House as involving a question of privilege. (184) 1–51, Journal, p. 908, Record, p. 7976. But charges more specific have been considered as involving privilege. (101) 2–51, Journal, p. 120, Record, pp. 1196–1200. A newspaper publication stating that a certain Member will unite with others in opposition to a matter coming up in the House at a future time does not present a question of personal privilege. (190) 1–55, Record, p. 747. A difference as to matters of fact involves no question of privilege. (187) 2-53, Journal, p. 244. A deduction from the salaries of Members, under section 40 of the Revised Statutes, does not involve a question of privilege. (189) 2-53, Journal, pp. 358, 359. The demand that a protest against certain parliamentary practices of the House be placed upon the Journal does not present a question of privilege. (191) 2–33, Journal, p. 451, Globe, p. 930. A protest against the passage of a bill under suspension of the rules was decided by the House not to present a question of privilege. The Speaker ruled that the paper must be read before the question of privilege could be passed upon. (192) 2-45, Record, pp. 717,2738, 2742, 2753. A resolution relating to the inaugural ceremonies does not present a question of privilege. (193) 2-48, Record, p. 2301. A resolution directing the investigation of certain expenditures of the Government is not privileged. (194) 1-49, Journal, pp. 514, 515, Record, pp. 1027, 1028. There having been no unreasonable delay in transmitting an enrolled bill to the President, a resolution relating thereto was decided not to present a question of privilege. (195) 1-50, Journal, p. 2809, Record, p. 8787. The Speaker having decided that a motion is out of order under the rules of the House, a resolution condemning such decision does not present a question of privilege. (196) 2-51, Journal, p. 187, Record, p. 1872. PRIVILEGE-Continued. (0) What are not cases of-Continued. The Speaker having submitted the question to the House, it decided that no question of privilege was involved in a general charge that Members of Congress had made corrupt propositions to the Executive. (137) 3-27, Journal, p. 46, Globe, pp. 47, 48. An allegation based upon newspaper report that the Executive had influenced improperly a Member of the House was submitted to the House by the Speaker, but not entertained. (138) 1-35, Journal, pp. 376, 410, Globe, pp. 693, 694, 967, 968. The House having voted to approve the Journal of the preceding day, a resolution relating to an alleged error in a vote of that day was decided not to present a question of privilege. (197) 2-51, Journal, p. 283, Record, p. 3083. An error in the Congressional Directory does not present a question of privilege. (199) 2-52, Journal, p. 101, Record, p. 1940. A resolution to investigate the failure of the Post-Office Department to remove a postmaster who had attempted to influence a Member corruptly was decided not to present a question of privilege. (200) 1-43, Journal, p. 109. PRIVILEGED MOTIONS. PRIVILEGED QUESTIONS. (a) Matter not privileged not allowable with privileged matter. (b) Senate amendments and conference reports. (c) Resolutions of inquiry. (d) Loss, return, etc., of bills. (e) Reports of committees. (f) Special orders. (g) In general. (a) Matter not privileged not allowable with privileged matter. The including of matter not privileged destroys the privileged character of a bill. (405-407) 1-54, Record, p. 1294; 1-50, Record, p. 2195; 2-50, Record, pp. 47, 48; 2–58, Journal, p. 89, Record, pp. 444-446. A resolution of inquiry loses its privileged character if matter not privileged be contained therein. (433) 2-55, Record, pp. 3908, 3909. 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. The text of a bill containing nonprivileged matter, privilege may not be created by a committee amendment in the nature of a substitute, not containing the nonprivileged matter. 3-58, Record, pp. 2422, 2423. PRIVILEGED QUESTIONS-Continued. (b) Senate amendments and conference reports. A conference report is always in order, except when the Journal is being read, when the roll is being called, or when the House is dividing; and a statement must accompany each report. (1391) Rule XXIX. A conference report may be presented during a call of the House if a quorum be present. 2-57, Record, p. 2855. A conference report may be presented after a motion to adjourn has been made or when a Member is occupying the floor for debate; but the report need not be disposed of before the motion to adjourn is put. (1393–1395) 2–50, Record, pp. 678, 683; 1–51, Journal, pp. 822, 904, Record, pp. 6941, 6942, 7880. Conferees having reported their inability to agree, a resolution insisting on the House's disagreement to the Senate amendments and asking a further conference was held to be privileged. Journal, p. 230, Record, p. 5371. (1356) 1–52, A conference report has precedence of a report from the Committee on Rules on which the yeas and nays and the previous question have been ordered. 2-56, Record, p. 3594. Before the stage of disagreement has been reached the request of the other House for a conference gives the bill no privilege over other business of the House. (1374, 1375) 1-49, Record, pp. 7331, 7332; 2-54, Record, pp. 833, 834. A bill with amendments of the other House is privileged after the stage of disagreement has been reached. 2-56, Journal, pp. 169, 170, Record, p. 1625; 1-57, Record, p. 7113. (c) Resolutions of inquiry. Resolutions of inquiry addressed to the heads of the Executive Departments only are privileged, and then not until reported or one week from presentation. (432) 2–51, Journal, p. 188, Record, p. 1874; 1-56, Record, p. 635; 2-58, Record, pp. 1643, 3181. A resolution authorizing a committee to request information has been treated as a resolution of inquiry. 2-58, Record, pp. 51-54. A resolution of inquiry may be reported at any time within a week and is privileged for consideration when reported. (430) 1-52, Journal, p. 296, Record, p. 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. PRIVILEGED QUESTIONS-Continued. (c) Resolutions of inquiry-Continued. The week's time required to make a resolution of inquiry privileged is seven days, exclusive of either the first or the last day but not exclusive of both. 1-57, Record, p. 7771; 3–58, Record, p. 4019. (d) Loss, return, etc., of bills. A bill having been sent from the House to the Senate by error, a resolution to recall it was decided to be privileged. p. 2093. (481) 3–53, Record, A Senate bill having been lost in the House, a resolution requesting a duplicate copy from the Senate was presented as privileged. 1-54, Record, p. 2236. (482) Requests of the Senate for the return of a bill are treated as privileged in the House. (483, 484) 1-54, Record, pp. 5126, 6110. (e) Reports of committees. The rule establishing certain privileged reports which may be made from certain committees at any time. (398) Rule XI, section 61. The right to report at any time carries with it the right to have the matter reported considered. (399, 400) 1-32, Journal, pp. 195, 1009, Globe, pp. 253, 2065. The right to report at any time carries with it the right that the bill so reported shall remain privileged until disposed of. Journal, p. 2360, Record, p. 7602. (401) 1–49, A bill which may be reported at any time has the same privilege in regard to consideration in Committee of the Whole. (402) 2–53, Journal, p. 145. The Speaker has declined to allow the call of committees to be interrupted by a privileged report. 2-57, Record, p. 420. A question of privilege does not lose its privilege through any informality in the method of reporting it from a committee. (423) 2–53, Journal, pp. 50, 51, Record, p. 471. The report of a special committee appointed "to examine and report" on a certain subject is not privileged for consideration. (424) 2–54, Record, p. 2211. Bills from a committee having leave to report at any time must be reported in open House and not by filing them with the Clerk. (422) 1-51, Journal, p. 392, Record, p. 2713. The right to report at any time a bill raising revenue belongs only to the Ways and Means Committee. (404)1-49, Record, pp. 7331, 7332. The words "raising revenue" in the rule giving privilege to the Ways and Means Committee are broadly construed to cover bills relating to the revenue. 1-57, Record, p. 3847; 3-58, Record, p. |