§ 341. or have appeared under protest (III, 1792, 1793). In one case, after a Senator had neglected to respond either to an invitation or a subpœna the House requested of the Senate his attendance and the Senate disregarded the request (III, 1794). Where Senators have responded to invitations of House committees, their testimony has been taken without obtaining consent of the Senate (III, 1793, 1795, footnote). Counsel are to be heard only on private, not on § 341. Admission of public, bills, and on such points of law only as the House shall direct. 10

counsel.

Grey, 61.

In 1804 the House admitted the counsel of certain corporations to address the House on pending matters of legislation (V, 7298), and in 1806 voted that a claimant might be heard at the bar (V, 7299); but in 1808, after consideration, the House by a large majority declined to follow again the precedent of 1804 (V, 7300). In early years counsel in election cases were heard at the bar at the discretion of the House (I, 657, 709, 757, 765); but in 1836, after full discussion, the practice was abandoned (I, 660), and, with one exception in 1841 (I, 659), has not been revived, even for the case of a contestant who could not speak the English langauge (I, 661). Counsel appear before committees in election cases, however. Where witnesses and others have been arraigned at the bar of the House for contempt, the House has usually permitted counsel (II, 1601, 1616, 1667), sometimes under conditions (III, 1604, 1616); but in a few cases has declined the request (II, 1608; III, 1666, footnote). In inquiries before committees counsel are usually permitted to appear at the discretion of the committee; but at one time the House required all counsel or agents representing persons or corporations before committees to be registered with the Clerk (III, 1771).

In investigations before committees counsel are admitted usually (III, 1741, 1846, 1847), sometimes even to assist a witness (III, 1772). In examinations preliminary to impeachment counsel are usually admitted (III, 1736, 2470, 2516) unless in cases wherein such proceedings are ex parte,

$342.

SEC. XIV.-ARRANGEMENT OF BUSINESS.

§ 342. Avdvanages

of an order of business.

The Speaker is not precisely bound to any rules as to what bills or other matter shall be first taken up; but it is left to his own discretion, unless the House on a question decide to take up a particular subject. Hakew., 136.

A settled order of business is, however, necessary for the government of the presiding person, and to restrain individual Members from calling up favorite measures, or matters under their special patronage, out of their just turn. It is useful also for directing the discretion of the House, when they are moved to take up a particular matter, to the prejudice of others, having priority of right to their attention in the general order of business.

*

In this way we do not waste our time in debating what shall be taken up. We do one thing at a time; follow up a subject while it is fresh, and till it is done with; clear the House of business gradatim as it is brought on, and prevent, to a certain degree, its immense accumulation toward the close of the session.

Jefferson gave as a part of his comment on the law of Parliament the order of business in the Senate in his time. Both in the House and Senate the order of business has been changed to meet the needs of the times. The order of business now followed in the House is established by Rule XXIV; and this rule, with the rules supplemental thereto, take away to a very large extent the discretion exercised by the Speaker under the parliamentary law.

§343.

In the House of Representatives before committees are appointed it is in order to offer a bill or resolution for consideration not previously considered by a committee. (61st Cong., 1st sess., pp. 1341, 3773, 4440.) After committees are appointed bills and resolutions not otherwise in order must be referred. (62d Cong., 1st sess., p. 112.)

343. Conditions of the old and the modern orders of business.

Arrangement, however, can only take hold of matters in possession of the House. New matter may be moved at any time when no question is before the House. Such are original motions and reports on bills. Such are bills from the other House, which are received at all times, and receive their first reading as soon as the question then before the House is disposed of; and bills brought in on leave, which are read first whenever presented. So messages from the other House respecting amendments to bills are taken up as soon as the House is clear of a question, unless they require to be printed, for better consideration. Orders of the day may be called for, even when another question is before the House.

In Jefferson's time the principles of this comment would have applied to both House and Senate; but in the House the pressure of business has become so great that the order of business may be interrupted at the will of the majority only by certain specified matters (see annotations following Rule XXIV). For matters not thus specified, interruption of the order takes place only by unanimous consent,

$$ 344, 345.

SEC. XV.-ORDER.

*

§ 344. Precedent in Parliament and the House.

In Parliament, "instances make order," per Speaker Onslow. 2 Hats., 141. But what is done only by one Parliament, cannot be called custom of Parliament, by Prynne. 1 Grey, 52.

In the House of Representatives the Clerk is required to note all questions of order and the decisions thereon and print the record thereof as an appendix to the Journal (Rule III, § 3); and the Speaker feels constrained in his rulings to give precedent its proper influence (II, 1317), since the advantages of such a course are undeniable (IV, 4045). But decisions of the Speakers on questions of order are not like judgments of courts which conclude the rights of parties, but may be reexamined and reversed (IV, 4637). It is rare, however, that such a reversal

occurs.

SEC. XVI.-ORDER RESPECTING PAPERS.

The Clerk is to let no journals, records, accounts, or papers be taken from the table or out of his custody. 2 Hats., 193, 194.

§ 345. Safe keeping of papers and integrity of bills.

Mr. Prynne, having at a Committee of the Whole amended a mistake in a bill without order or knowledge of the committee, was reprimanded. 1 Chand., 77.

A bill being missing, the House resolved that a protestation should be made and subscribed by the members "before Almighty God, and this honorable House, that neither myself, nor any other to my knowledge, have taken away, or do at this present conceal a bill entitled," &c. 5 Grey, 202.

§§ 346, 347.

After a bill is engrossed, it is put into the Speaker's hands, and he is not to let any one have it to look into. Town, col. 209.

In the House of Representatives an alleged improper alteration of a bill was presented as a question of privilege and examined by a select committee. It being ascertained that the alteration was made to correct a clerical error, the committee reported that it was "highly censurable in any Member or officer of the House to make any change, even the most unimportant, in any bill or resolution which has received the sanction of this body" (III, 2598). Engrossed bills do not go into the Speaker's hands. Enrolled bills go to him for signature.

346. Decorum of Members as to

sitting in their places.

SEC. XVII.-ORDER IN DEBATE.

When the Speaker is seated in his chair, every member is to sit in his place. Scob., 6; Grey, 403.

In the House of Representatives the decorum of Members is regulated by the various sections of Rule XIV; and this provision of the parliamentary law is practically obsolete.

$347. Procedure

of the Member in seeking recognition.

When any Member means to speak, he is to stand up in his place, uncovered, and to address himself, not to the House, or any particular Member, but to the Speaker, who calls him by his name, that the House may take notice who it is that speaks. Scob., 6; D'Ewes, 487, col. 1; 2 Hats., 77; 4 Grey, 66; 8 Grey, 108. But Members who are indisposed may be indulged to speak sitting. 2 Hats., 75, 77; 1 Grey, 143.

In the House of Representatives the Member, in seeking recognition, is governed by Rule XIV, § 1, which differs materially from this provision of the parliamentary law. The Speaker, moreover, calls the Member, not by name, but as "the gentleman from," naming the State. As long ago as 1832, at least, a Member was not required to rise from his own seat (V, 4979, footnote).