such persons shall be liable to all the penalties prescribed in section one hundred and sixteen. All papers thus produced, and all certified or sworn copies of official papers, shall be transmitted by the officer, with the testimony of the witnesses, to the Clerk of the House of Representatives.-R. S., sec. 123. The taking of the testimony may, if so stated in the notice, be adjourned from day to day.-R. S., sec. 124.

The notice to take depositions, with the proof or acknowledgment of the service thereof, and a copy of the subpoena, where any has been served, shall be attached to the depositions when completed.-R. S., sec. 125.

A copy of the notice of contest, and of the answer of the returned member, shall be prefixed to the depositions taken, and transmitted with them to the Clerk of the House of Representatives.-R. S., sec. 126.

All officers taking testimony to be used in a contested-election case, whether by deposition or otherwise, shall, when the taking of the same is completed, and without unnecessary delay certify and carefully seal and immediately forward the same, by mail, addressed to the Clerk of the House of Representatives of the United States, Washington, D. C., and shall also indorse upon the envelope containing such deposition or testimony the name of the case in which it is taken, together with the name of the party in whose behalf it is taken, and shall subscribe such indorsement.-R. S., sec. 127, and Laws, 2, 43, p. 338.

Every witness attending by virtue of any subpoena herein directed to be issued shall be entitled to receive the sum of seventy-five cents for each day's attendance, and the further sum of five cents for every mile necessarily traveled in going and returning. Such allowance shall be ascertained and certified by the officer taking the examination, and shall be paid by the party at whose instance such witness was summoned.—R. S., sec. 128.

Each judge, justice, chancellor, chief executive officer of a town or city, register in bankruptcy, notary public, and justice of the peace, who shall be necessarily employed pursuant to the provisions of this chapter, and all sheriffs, constables, or other officers who may be employed to serve any subpoena or notice herein authorized, shall be entitled to receive from the

party at whose instance the service shall have been performed such fees as are allowed for similar services in the State wherein such service may be rendered.-R. S., sec. 129.

No payment shall be made by the House of Representatives, out of its contingent fund or otherwise, to either party to a contested-election case for expenses incurred in prosecuting or defunding the same.-R. S., sec. 130.

That hereafter no contestee or contestant for a seat in the House of Representatives shall be paid exceeding two thousand dollars for expenses in the election contest, and before any sum whatever shall be paid to a contestant or a contestee for expenses of election contest, he shall file with the clerk of the Committee on Elections a full and detailed account of his expenses, accompanied by the vouchers and the receipt for each item, which account and vouchers shall be sworn to by the party presenting the same, and no charges for witness fees shall be allowed in said account unless made in strict conformity to section one hundred and twenty-eight, Revised Statutes of the United States.-Statutes at Large, vol. 20, p. 400. The act relating to contested elections, approved March 2, 1887 (Stat., vol. 24, p. 445), enacts:

That section one hundred and twenty-seven of the Revised Statutes of the United States be so amended as to read as follows:

"All officers taking testimony to be used in a contested election case, whether by deposition or otherwise, shall, when the taking of the same is completed, and without unnecessary delay, certify and carefully seal and immediately forward the same, by mail or by express, addressed to the Clerk of the House of Representatives of the United States, Washington, District of Columbia; and shall also indorse upon the envelope containing such deposition or testimony the name of the case in which it is taken, together with the name of the party in whose behalf it is taken, and shall subscribe such endorsement.

"The Clerk of the House of Representatives, upon the receipt of such deposition or testimony, shall notify the contestant and contestee, by registered letter through the mails, to appear before him at the Capitol, in person or by attorney, at a reasonable time to be named, not exceeding twenty days from the mailing of such letter, for the purpose of being present at the opening of the sealed packages of testimony and of agreeing upon the parts thereof to be printed. Upon the day appointed for such meeting the said clerk shall proceed to open all the packages of testimony in the case, in the presence of the parties or their attorneys, and such portions of the testimony as the parties may agree to have printed shall be printed by the Public Printer, under the direction of the said clerk; and in case of dis

agreement between the parties as to the printing of any portion of the testimony, the said clerk shall determine whether such portion of the testimony shall be printed; and the said clerk shall prepare a suitable index to be printed with the record. And the notice of contest and the answer of the sitting member shall also be printed with the record.

"If either party, after having been duly notified, should fail to attend, by himself or by an attorney, the clerk shall proceed to open the packages, and shall cause such portions of the testimony to be printed, as he shall determine.

"He shall carefully seal up and preserve the portions of the testimony not printed, as well as the other portions when returned from the Public Printer, and lay the same before the Committee on Elections at the earliest opportunity. As soon as the testimony in any case is printed the clerk shall forward by mail, if desired, two copies thereof to the contestant and the same number to the contestee; and shall notify the contestant to file with the clerk, within thirty days, a brief of the facts and the authorities relied on to establish his case. The clerk shall forward by mail two copies of the contestant's brief to the contestee, with like notice.

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Upon receipt of the contestee's brief the clerk shall forward two copies thereof to the contestant, who may, if he desires, reply to new matter in the contestee's brief within like time. All briefs shall be printed at the expense of the parties respectively, and shall be of like folio as the printed record; and sixty copies thereof shall be filed with the clerk for the use of the Committee on Elections."

It has been customary in the consideration of a contestedelection case to permit the contestant to be heard in his own behalf; and he is subject to all the rules of debate which are applicable to members.—Journal, 1, 28, p. 1012. (See RULE XXXIV.)

All questions relating to the right of a member to his seat have uniformly been held to be questions of privilege, and hence take precedence of other business.

This has been the almost uniform practice of the House after organization, but pending the election of a Speaker, since the Thirty-seventh Congress, under the act of March 3, 1863 (see R. S., sec. 31), it has been invariably held that the question of the right of a member to his seat was subordinate to that of the election of a Speaker. Mr. Speaker Blaine decided in the Forty-third Congress (Cong. Rec., vol. 2, 1st sess. 43, p. 8) that the question of the right of a member to his seat was subordinate to the question of drawing of seats, the latter question being a privileged one but once during each Congress. (See RULE XXXII, last part of clause 2.)

ENACTING WORDS.

Form of; form of resolving clause; no enacting words after first section; sections to be numbered.-R. S., secs. 7, 8, 9, and 10.

ENACTING WORDS, MOTION TO STRIKE OUT.

Take precedence of motion to amend; effect if carried; effect of disagreement to recommendation of committee; effect of reporting from the Committee of the Whole.-RULE XXIII, clause 7.

The question which arises (under the recent practice) upon a report from the Committee of the Whole that the enacting words be stricken out is, "Shall the enacting words be stricken out?" and the previous question is exhausted upon the taking of such vote.-Journals, 1, 33, p. 872; 3, 34, p. 479; 1, 35, p. 107. [When the Committee of the Whole House on the state of the Union or of the Whole House have stricken out the enacting words or clause, it is not necessary that the committee should at once rise and report that action of the House, but the bill may be laid aside to be reported in its order as other bills.]

At the first session Forty-third Congress it was decided by the Speaker, and acquiesced in by the House, that pending such question a motion that the bill be laid on the table is not in order. Journal, 1, 43, p. 629.

A motion in the Committee of the Whole to strike out the enacting words or clause is debatable. See Cong. Record, proceedings December 6, 1882, 2d session 47th Congress, on H. R. 110. (The only way to limit or prevent debate in the Committee of the Whole is by order of the House before going into committee.)

[The motion "to strike out the enacting words" has fallen into disuse. The motion "to lay on the table" is every way preferable in the House, and the motion "that the bill be laid aside and reported to the House with an adverse recommendation" in Committees of the Whole.]

ENGRAVING.

For Congress; when to be advertised; lithographing for report of Land Office; execution of contracts for.-R. S., secs. 3779, 3780, 3781, 3782.

When the probable cost of the maps or plates accompanying one work or document exceeds $1,200, the lithographing or engraving thereof shall be awarded to the lowest and best bidder, after advertisement, by the Congressional Printer, under the direction of the Joint Committee on Public Printing. But the committee may authorize him to make immediate contracts for lithographing or engraving whenever, in their opinion, the exigencies of the public service do not justify advertisements for proposals.-22 Stat. L., p. 414.

(See also PRINTING, PUBLIC.)

ENGROSSED BILLS.

(See RULE XXI, clause 2.)

Under the uniform practice, until the 2d sess. 49th Congress, the demand for the reading of the engrossed bill was held to be in order only immediately after the order for its engrossment and third reading. The bill is, however, usually read by title only, and the question is then on its passage.

It is the right of any member to demand the reading of the engrossed bill when the question is on its passage, either prior or subsequent to demanding the previous question.-Journal, 2, 49, p. 388. It has also been held that it was not in order to demand the reading of the engrossed bill on the adoption of a conference report on said bill.-Journal, 1, 44, p. 1423.

ENROLLED BILLS, COMMITTEE ON.

This committee was not made one of the standing committees of the House until the second session of the Forty-sixth Congress, being made by the joint rules adopted on the 13th of November, 1794, a joint committee.

Since the Forty third Congress there have been no joint rules although the requirements and provisions of the joint rules in force in that Congress have been observed especially with respect to enrolled bills.

"It shall be in order for the Committee on Enrolled Bills to report at any time."-RULE XI, clause 47. [The practice is quite common when the House is dividing, or is in Committee of the Whole, and even when the roll is being called at the