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to render an act valid, that it shall have been | all the adjourned meetings. MESSAGE. Mespassed by a majority of those elected; but in sages in congress imply either executive comboth branches of congress a majority of the munications from the president (those from demembers present (if a quorum of the whole partment officers are called "letters"), or from house) may pass any measure which is in order one branch of congress to the other. The presunder the rules. It results that a law may be ident's annual message is sent in at the beginmade by less than one-third of the senators and ning of each session after he has been notified representatives elected. In fact, twenty senators that the houses are organized and ready to reand eighty-two representatives may, under the ceive any communication. Messages are usually rules, pass the most important piece of legislation. | sent in duplicate to both houses on the same day, The rule that a majority must be had to elect a unless in response to a call from one branch only, speaker was suspended in the case of the obstinate and are published in the journal and record. struggle of 1855-6, when the house remained un- A message from one house to the other, borne by organized for many weeks, the division of parties a clerk, is publicly announced at the door, and being such that no one of three candidates could sent to the chair, the business or debate being secure a majority. Finally, the deadlock was temporarily suspended to have it announced, ended by the house adopting a resolution that a when it is laid on the table, and the proceedings plurality of votes should elect, and Mr. Banks are resumed. In parliament, messages from the was chosen speaker. The rule that a majority is crown are sent to both houses, under the royal required to elect a senator in state legislatures is sign-manual, by one of the ministers or an officer of prescribed by the laws of the United States. In the royal household, either of whom is a peer or nearly all the states, however, the majority rule a commoner. Such messages are always read at which formerly prevailed in the election of repre- length by the lord chancellor or the speaker. — sentatives in congress, and of state officers, has MILEAGE. This allowance for traveling expenses been supplanted by enactments that a plurality of to and from the seat of government prevails in votes shall elect. - MEMBERS. Those are recog- congress, and in all the states except four or five. nized as members of a parliamentary body whose In congress it is twenty cents a mile each way for credentials are regular, or who by unanimous con- the session, or rather for the year. In the states, sent are admitted as members without examina- mileage varies from eight cents to twenty cents tion of credentials. Each house of congress is the per mile.-MONEY BILLS. (See Revenue Bills.· sole judge of the elections, returns and qualifica- MORNING HOUR. In each house of congress an tions of its own members. The house consists of hour is set apart for reports, motions and miscel325 members, since March 4, 1883. Members are laneous business. It begins, not at the opening to be elected on the Tuesday after the first Monday of the session, but after the reading of the jourin November of every second year (the even years, nal, and always takes precedence of unfinished 1884, 1886, etc.), except in any state where the con- business.-MOTION. This term is applied to evstitution would have to be changed to alter its ery proposition submitted by a member of a parelection day. In case of a vacancy in a mem- liamentary body. In ordinary assemblies, mober's seat, the governor of the state issues a writ tions made by any one require to be seconded of election to fill it. The clerk must put on the by some other member, before being voted uproll at the first meeting of any congress only on: but no second is required in either house of those whose credentials show that they were congress. Motions are here treated severally unregularly elected representatives. Members of der their respective heads. Every motion must the house must be twenty-five years of age, and be reduced to writing on the demand of any senators must have attained the age of thirty. member. If verbal, the presiding officer states it Members of the house can not be contractors, nor to the assembly; if in writing, it is read by the be interested in any government contract, nor be clerk. In the house, when a question is pendoffice holders, nor presidential electors, nor practi- ing or under debate, no motion is in order but to tioners in the court of claims. Any subject is eli- adjourn, to fix a day to which the house shall gible to the house of commons who has reached the adjourn, to take a recess, to lay on the table, to age of twenty-one, except clergymen, peers, bank- postpone to a day certain, to postpone indefinitely, rupts, contractors and certain officials. No mem- to refer, to amend, or for the previous question. ber of parliament can be counsel before commit- In the senate the same rule prevails, except that tees, nor a holder of office, except in the ministry. there is no previous question, and motions are in In France the members of the chamber of order to commit, or to proceed to the consideration deputies may take part in the deliberations and of executive business. In both houses of parliavotes before the validity of their elections is ment one day's notice of a proposed motion is established. They wear a badge, consisting of required; but the notice may refer to a future the fasces of the republic, with a hand of justice, day more remote than the day following. Motions and a tri-colored sash.-MEETING. A meeting must be seconded in the house of commons; but of an assembly differs from a session. Thus, the a seconder is not required in the lords. They house frequently takes a recess to meet at a later must be carefully prepared in writing, and placed hour, and this terminates the meeting, or sit in the hands of the chair. - OATH. Members of ting, but the session is the same, and includes legislative bodies take an oath of qualification or

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of office. In congress all must take an oath (or | would vote on opposite sides of any question, to affirmation, if objecting to being sworn) to support | withhold their votes; such pairs leaving the result the constitution of the United States. The "iron- unaffected either way. One or both of the memclad oath," affirming that no aid has ever been bers paired may be absent. The rule in both given to rebellion against the United States, is houses of congress requires pairs to be announced taken by all who are not dispensed from it by after the roll-call, and the names paired published sec. 1757 of the Revised Statutes. In parliament in the record. In parliament pairing prevails to a a single oath of allegiance to the crown has been greater extent than in congress; members of opposubstituted for oaths to maintain the Established site parties pairing with each other not only upon church, etc., once required. — OBJECTION. As particular questions, but in cases of absenteeism no business can be considered in the house out of for weeks and even months at a time. The systhe regular order without unanimous consent, the tem has never been recognized by parliamentary right to object becomes very important, as one rules, though so long prevalent; in congress the member can thus defeat or postpone a measure, first rule adopted which countenances pairing was unless two-thirds of the house can be had to sus- in the 46th congress (1880). - PAPERS. The readpend the rules. When in committee of the whole, ing of papers, if objected to, is determined by the if any bill or proposition is objected to, the com- house without debate. A member, however, has mittee must rise and report the objection to the the right to read any paper as a part of his rehouse, which must decide without debate whether marks. Papers of every description once offered it is to be considered or laid aside. OFFICERS. can not be withdrawn from the files without special The officers usually chosen in a public assembly leave of the body.. PERSONAL EXPLANATION. are a president or chairman, clerk or secretary, This is a member's request to be heard on some and sometimes vice-presidents, and a sergeant-at-matter touching his personal record as a member, arms or doorkeeper. (See under each head.) — OMNIBUS BILL. This term is applied in congress to a bill embracing numerous distinct objects, as in the bill "making appropriations for sundry civil expenses of the government."- ONE-HOUR RULE. (See Hour Rule.)- ORDER. This may be said to be the first law of a public assembly, whether legislative or otherwise. The order of business is treated under Business. The order of the day is the regular routine prescribed in the rules, in which certain classes of business are to be considered. To call for the regular order, is to demand that the body desist from what may be proposed out of due order, and proceed to the next business prescribed by the rules. A special order is a subject set in advance for a particular time, and thus to be preferred to the established order of business. In both houses of congress this motion requires a two-thirds vote for its adoption, being virtually a suspension of the rules. A special order may be postponed by a majority vote. The unfinished business of the preceding session takes precedence of a special order. To preserve order is the implicit duty of the presiding officer, and he or any member may call to order members transgressing the rules. In case of a call to order, a member must immediately sit down unless permitted to explain; and the house must at once decide the case without debate. If in his favor, he is allowed to proceed, but not otherwise. If called to order for words spoken in debate, they must be taken down in writing, and read to the house. (See Censure.) When a point of order of any kind is made, it is the duty of the chair to decide it. This he may do by sustaining the point of order, or by overruling it; and business proceeds in accordance with his decision, unless appealed from. (See Appeal.) — ORDERS, STANDING. (See Rules.)-PAIRS. The pairing of members in a legislative body is an agreement between two, who

and requires unanimous consent. (See Privilege.) -PETITION. Much time was once consumed by members in formally presenting petitions in open house. The rule now is, for members to deliver petitions to the clerk, indorsing their names and the specific reference (to a committee) desired. These minutes are entered upon the journal, and published in the official record. In the senate they are still offered in open session during the morning hour. At the close of a congress, petitions and memorials go from committees to the permanent files, in charge of the clerk. In parliament, petitions must be written, and must have original signatures. They are presented in great numbers, and a standing order refers them without debate to the committee on public petitions. In the French chambers a brief of petitions is printed for the use of members, and they are referred to the committee on petitions, which classifies them, referring some to the minister of any department to whose business they belong, and others to the examination of the chamber. Each petitioner is advised of the disposition made. Any deputy may call for a report in public session upon any petition, and urgency may be demanded (if seconded by the chamber) for the consideration of any one. Every six months ministers distribute a printed report to the members, showing what action they have taken upon the petitions referred to them.-POINT OF ORDER. (See Order.)- PREAMBLE. The preamble of a bill or resolution is postponed until the other parts have been considered. When a separate vote on the preamble is not asked for, it is considered as adopted. - PRESIDENT PRO TEM. In organizing a public assembly a temporary chairman is frequently chosen until a committee has reported officers for permanent organization. In the senate the president pro tempore is chosen to take the place of the vice-president as presiding officer; but this office is frequently left vacant for

others, except of adjournment; but the highest privilege attaches to questions affecting the rights of the house itself, maintaining its dignity, and the integrity of its proceedings. In maintaining what are known as their privileges, both house and senate have resorted to one or more of the following measures: 1, ordering the arrest of offenders; 2, directing the speaker to reprimand the party offending; 3, committing the party to the custody of the sergeant-at-arms within the capitol; 4, ordering a refractory witness or a person assaulting a member to be punished by imprisonment in the jail of the District of Columbia for three months; 5, (in the case of reporters) direct

a time. — PREVIOUS QUESTION. In congress this is a technical name for a motion that debate cease, and that the vote be taken immediately on the question under consideration. The motion for the previous question is not debatable, and can not be amended. The previous question was recognized in the first rules of the house in 1789, and could be demanded by five members. The present rules require a majority of the members present (if a quorum) to order the previous question. When a member calls for the previous question, the chair must immediately put the question, "Shall the main question be now put?" If adopted, the chair puts to vote the questions before the house in their order of precedence, tilling exclusion from the hall. The most frequent the main question, with all subsidiary ones, is disposed of. The previous question puts it in the power of a majority to close debate at any time. It does not prevail in the senate, where the public business is more at the mercy of individual senators. In parliament the previous question is wholly different in effect. It is an ingenious method of avoiding a vote upon any question proposed. Those who call for the previous question vote against the motion, not for it, as in the house of representatives. If the nays prevail, the speaker is prevented from putting the main question, as the majority have thus refused to allow it to be put. If the previous question is resolved in the affirmative, no further debate or amendment is allowed, and the main question must be voted on at once. In the French chambers the clôture | of the debate is always in the control of a majority of the chamber. (See Clôture.) - PRINTING. In congress all bills and joint resolutions must be printed after being offered; also reports of committees. A list of all reports required to be made to congress must be printed at the beginning of each session. The public printing of congress and the departments is regulated by the statutes in great detail. - PRIVATE BILLS. The distinction between public and private bills is not closely defined, some bills including interests both public and private, and requiring the decision of the chair as to which class they belong. In congress, as in parliament, private bills are such as are for the interest of individuals, corporations or local bodies-as counties or cities. Bills relating to a state are held to be public bills. No private claim is in order upon any appropriation bill. Regular days are set apart to consider private bills reported favorably by committees. In parliament there is a carefully guarded system of maturing private bills, which saves a vast amount of legislative time and prevents abuses. (See LEGISLATION, vol. ii., p. 756.)-PRIVILEGE. The privilege of a member of a legislative body rests upon the prerogative of his constituency to be always represented. The constitution itself provides that members shall not be questioned elsewhere for any speech or debate in either house, and shall be privileged from arrest during sessions, and in going and returning. Questions of privilege, by the rules of the house, have precedence of all

cases where either house seeks to protect its priv-
ilege by penalties are the refusals of witnesses
to testify before its committees; and many re-
cusant witnesses have been held in custody until
the congress has expired (and with it the power
to punish for contempt of its authority), or until
a majority have voted to discharge the prisoner,
or until he has consented to answer.
When any
proposition presents, in the opinion of the speaker,
a question of privilege, he must entertain it in
preference to other business; but it is well settled
that the common plea of a question of privilege
based upon a newspaper publication can not be
maintained unless the member is assailed in his
representative capacity. The fact that imprison-
ment or other punishment by vote of a legislative
body contravenes the maxims of constitutional
law, and asserts quasi-judicial powers, has ren-
dered it obnoxious to public censure.
The argu-
ment that the constitution confers no such power
is met by the claim that it is inherent in the
highest legislative body, essential to its power,
dignity and proper functions, and has been re-
peatedly exercised, not only by both houses of
congress, but by local legislatures. The supreme
court of the United States, in some earlier cases,
has upheld this power in congress, on the ground
of right and necessity: but in the recent case of
Kilbourne vs. Thompson the court held that the
imprisonment of the former for refusal to divulge
the private accounts of a company in a matter
under investigation by the house of representatives,
was illegal and unconstitutional. The plaintiff
had been imprisoned forty-five days in the Dis-
trict jail as a recusant witness, by order of the
house; and the speaker, and the sergeant-at-arms,
with the members of the committee who ordered
the matter to be brought before the house, were
joined as defendants. In the case of the mem-
bers, the court held that their constitutional priv-
ilege was a good defense to the action, as they
took no part in the actual arrest and imprisonment.
But it was held that the order of the house, de-
claring the witness guilty of contempt of its au-
thority and ordering his imprisonment by the
sergeant-at-arms, was void, and afforded the officer
no protection in the suit brought by the witness.
There was no power of the house to punish for
contempt found in the constitution: and no au-

thority to compel a witness to testify, where the subject-matter of the investigation was judicial, and not legislative, and was proceeding before the proper court. (103 U. S. Reports, 168.) In parliament, while many arbitrary measures have been aimed at persons held guilty of violating the privileges of that body, the right to commit for contempt has long been regarded with increasing jealousy, and has been questioned for more than two centuries, though maintained by the court of king's bench. — QUALIFICATION. A member of congress is qualified to act in his representative capacity when his credentials have admitted him to the floor, and he has taken the oath of office. No man is disqualified from being a representative who is twenty-five years of age, provided that he has been seven years a citizen of the United States, and was an inhabitant of the state in which he has been chosen. The qualifications of a senator are: 1, to have reached the age of thirty; 2, to have been nine years a citizen of the United States; 3, to have been when elected a resident of the state choosing him to represent it. A member of the house of commons need be but twentyone years of age. (See Members.) — QUESTION. Putting the question is one of the most frequent duties of a presiding officer. It is to be put in this form: "As many as are in favor, say Aye"; and after the affirmative vote is heard: "As many as are opposed, say No." The chair must clearly state the question on request of any member, before calling for the vote. Members when anxious for the progress of business, or impatient of debate, frequently cry, “Question! Question!" and this, though technically a violation of the rules of order, is seldom interfered with by a judicious presiding officer. In parliament there is a special practice of propounding questions to members of the ministry, concerning public measures or events. A question may be asked as to the intentions of the government, but not as to their opinions upon general matters of policy. QUORUM. Unless fixed by constitutional provision or by the law of the body, the quorum of an assembly is a majority of its duly qualified members. In congress less than a quorum may adjourn from day to day, and may compel the attendance of absentees. In the house it requires the presence of at least fifteen members, to authorize a call of the house. The presence of a quorum is frequently assumed, and business proceeds in both house and senate when less than half the number of members are present; but this may be terminated by any member dividing the house, thus disclosing the want of a quorum; whereupon business must stop, and a call of the house (or senate) must be ordered. In parliament forty constitute a quorum in the commons, and three only in the lords. In the French chambers an absolute majority of the whole number of members is required to render any action valid. — READING. The reading of papers called for may be stopped by the objection of any member, unless ordered by a vote of the house; but a member has the

right to read a paper as part of his remarks within the limits of his privilege as to time. - RECESS. This is a qualified form of adjournment; to take a recess to a definite hour usually serves the purpose of giving necessary rest and refreshment to the members of the body, without long interruption to their public duties. The motion for this is always in order, and not debatable. The term recess is also applied to the long interval between two annual sessions of congress; and powers are often granted to committees to sit during this recess. RECOMMITMENT. When committees report bills or resolutions digested by them, for action of the body, it is usual (unless the committee has privilege of immediate consideration) to recommit them to the committee. A rule of the house provides that no bill thus recommitted shall be brought back into the house on a motion to reconsider. RECONSIDERATION. In the house a motion to reconsider a vote once taken is to be made on the same day or the day after. It can be made only by a member who voted with the majority, if yeas and nays were taken; otherwise any member may move it. It takes precedence of all questions except adjournments and conference reports. The motion to reconsider is one of great importance, since if it prevails, the former action of the body is liable to be reversed. It is to prevent the possibility of this that the usage prevails for the member having charge of any measure, the moment it is passed, to move to reconsider the vote last taken, and also to move that the motion to reconsider be laid on the table; if the latter motion prevails it is deemed a finality, so far as the passage of the measure is concerned. A motion to reconsider can be applied to every question except to adjourn and to suspend the rules. It is debatable only when the question to be reconsidered was debatable, and then it opens up for discussion the entire subject. A reconsideration requires only a majority vote. In parliament a vote once taken can not be reconsidered.— REFERENCE. This term is applied to the referring of bills, petitions, etc., to appropriate committees to be considered and reported upon.

REGULAR ORDER. (See Order.) — REPORT. Committees, having finished the consideration of · any matter referred to them, must make a report to the body thereon, and this is usually required to be in writing. In congress most reports must be printed, though private bills or measures of pressing moment are sometimes acted upon with merely a written report or recommendation. In the senate, the committees must be called daily for reports, during the morning hour; in the house they are called daily, except on the first and third Mondays of each month. When made, they are usually printed and re-committed, or laid over. Reports from six important committees are in order at any time; others must wait their day, or a two-thirds majority, for consideration. Reports of executive departments are addressed to the speaker, or to the president of the senate, and are invariably referred and printed. Such reports on

resolutions of inquiry must be made within one day. In parliament a simple resolution of either week. The reports of house and senate commit- house has not the force of law. Every resolution tees at each session make several bulky volumes, reported by a committee may be amended, diswhile the executive reports, both regular and agreed to, postponed or recommitted. - REVENUE special, make a great many more. In parliament BILLS. All bills for raising revenue must, by the the reports of special committees of the lords or constitution, originate in the house of representacommons are usually published with the evidence tives, but the senate may amend them. In the taken before them, and carefully indexed. In house, bills relating to the tariff or internal revFrance committee reports are to be printed twenty-enue belong to the committee of ways and means; four hours at least before the bill to which they in the senate, to the committee on finance; and relate is considered. — REPORTERS. The im- such bills may be reported at any time, the motion portance of full public information has led to to consider them being always in order after special provision for reporters of the press in all morning hour. Notwithstanding the jealousy of public assemblies. Each house of congress has the house of its prerogative in matters of revenue, a corps of five official stenographers to take down the senate has exercised great powers in changing the votes, proceedings and debates verbatim for revenue bills; the latest and most extreme instance publication the next day in the congressional of this was in the tariff revision act of 1883, where record. Besides this, two reporters of the asso- the senate amended a small internal revenue reducciated press are admitted on the floor of the house. tion bill passed by the house, by adding to it a radThe reporters' gallery over the chair in both ical revision of the entire tariff system, and this, houses is for the general press representatives, with some changes, was accepted by the house. under regulations made by the chair. In parlia- In parliament, bills for raising revenue are called ment, according to ancient usage, all strangers, money bills, and are amendable by the lords if including reporters, might be excluded on the they do not alter the intention of the commons motion of any member, and reporters have been by increase or reduction, duration, or methods of actually excluded as recently as in 1870 and 1878, raising the revenue. RIDERS. A rider to a bill to avoid publicity being given to debates. In the implies tacking on to it, by motion, or the action French chambers reporters are freely admitted of a committee, matters of legislation foreign to to the galleries.— REPRESENTATIVES. (See Mem- the subject of the bill itself. In parliament these bers.)-RESIGNATION. In congress the resignation riders are called "tacks." It has been a too comof any member is always considered his right; it mon practice in congress to attach to regular was never contested until the 41st congress, when appropriation bills, which must be passed under the speaker decided that the member had the right penalty of embarrassing the government, riders to resign, and an appeal from the decision was laid containing new legislation having nothing to do upon the table, thereby affirming it. The resig-with the appropriations. This practice is resorted nation of a senator or representative is addressed to the governor of the state; at the same time, it is customary for the member to notify the presiding officer, in writing, of the action he has taken. In parliament it is a professedly settled principle that a member can not relinquish his seat; to evade this restriction, a member wishing to retire accepts office under the crown; this legally vacates his seat, and obliges the house to order a new election. (See PARLIAMENT, THE BRITISH.) In France any member has the right of resignation at any time. RESOLUTION. A resolution of an assembly is an expression of its opinion with respect to any matter, or a declaration of the purpose of the assembly: thus, the thanks of congress are presented by joint resolution of the two houses. A resolution of inquiry is passed by either house, requesting information from the executive. A simple resolution of one body, whether declaring opinion or otherwise, does not of course bind congress, and is not published in the statutes, but only in the journal and the record. Joint resolutions, on the contrary, have all the force of laws, and frequently contain appropriations of public money. Concurrent resolutions (chiefly providing for the printing of documents, etc.) appear in the statutes, but are not signed by the president. In the senate all resolutions, if objected to, must lie over one.

to, 1, to carry through a measure otherwise hopeless of being reached under the rules; 2, to effect the amendment or repeal of existing laws; 3, to force upon the other house, when opposed in political opinion, a measure obnoxious to it, and certain to be defeated by it as a separate bill. So far had this thrusting into appropriation bills of legislation foreign to their objects been carried, that the house adopted a rule that no provision in or amendment to any general appropriation bill shall be in order which changes existing law, except such as is germane and retrenches expenditures. Another rule prohibits the amendment of any bill or resolution by incorporating the substance of any other bill or resolution pending. Rule twenty-nine of the senate forbids amendments to be received which propose general legislation, which provide for a private claim, or which are not germane or relevant to the subject matter of the bill. RISE. In committee of the whole the motion that the committee rise is equivalent to the adjournment of its functions for the time being.-ROLL. The roll of a public body is the list (in alphabetical order) of the officially qualified members. The roll-call is a clerical calling out of all the members' names, that they may answer either as present or as voting yea or nay. (See Call, Yeas and Nays.) — RULES. These are of the first importance as agencies for preserv

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