X. If a question in debate contain several points, any Member may have the same divided.

XI. When the yeas and nays shall be called for by one-fifth of the Members present, each Member called upon shall, unless for special reasons he be excused by the Senate, declare, openly and without debate, his assent or dissent to the question. In taking the yeas and nays, and upon the call of the House, the names of the Members shall be taken alphabetically.

XII. One day's notice at least shall be given of an intended motion for leave to bring in a bill.

XIII. Every bill shall receive three readings previous to its being passed, and the President shall give notice at each, whether it be the first, second, or third; which readings shall be on three different days unless the Senate unanimously direct otherwise.

XIV. No bill shall be committed or amended until it shall have been twice read, after which it may be referred to a committee.

XV. All committees shall be appointed by ballot, and a plurality of votes shall make a choice.

XVI. When a Member shall be called to order, he shall sit down until the President shall have determined whether he is in order or not; and every question of order shall be decided by the President without debate, but if there be a doubt in his mind he may call for the sense of the Senate.

XVII. If a Member be called to order for words spoken, the exceptionable words shall be immediately taken down in writing that the President may be better enabled to judge of the matter.

XVIII. When a blank is to be filled, and different sums shall be proposed, the question shall be taken on the highest sum first.

XIX. No Member shall absent himself from the service of the Senate without leave of the Senate first obtained.

Rule VIII provided for the previous question but in the revision of March 26, 1806, (J. pp. 65, 66, 9th Cong., 1st sess.) it was omitted and since that time has not been admitted.

2. SUSPENSION OF.

36th Cong., 2d sess.; J., pp. 372, 373.]

MARCH 2, 1861.

The President (Mr. Fitch in the chair) decided that a motion or resolution proposing a suspension of a rule of the Senate was in order, and on appeal the decision was affirmed. (See Cong. Globe, pp. 1359, 1360.)

RULE XL. Suspension and amendment of the rules.

No motion to suspend, modify, or amend any rule, or any part thereof, shall be in order, except on one day's notice in writing, specifying precisely the rule or part proposed to be suspended, modified, or amended, and the purpose thereof. Any rule may be suspended without notice by the unanimous consent of the Senate, except as otherwise provided in clause 1, Rule XII.

3. TO CHANGE THE, NOT IN ORDER EXCEPT ON ONE DAY'S NOTICE. 49th Cong., 1st sess.; J., pp. 479, 480.] MARCH 26, 1886.

The resolution expressing the sense of the Senate on refusal of AttorneyGeneral to send to the Senate copies of papers called for by its resolution of January 25, 1886, being before the Senate, Mr. Van Wyck submitted an amend

ment at the end of third resolution as follows: "And in all such cases of removal the matter shall be considered in open session of the Senate."

Mr. Hoar raised a question of order, viz: "That the amendment would operate as a change in the standing rules of the Senate; it was not in order except on one day's notice, as required by the fortieth rule."

The President pro tempore (Mr. Sherman) sustained the point of order, and decided that as the thirty-sixth rule provides that when acting upon confidential or executive business the Senate Chamber shall be cleared of all persons except certain officers specified, and as the communications referred to in the resolutions are executive communications, known to be such, the proposed amendment would change the rule to a certain extent, was not in order under the fortieth rule, which requires one day's notice in writing, specifying precisely the rule or part of rule proposed to be modified or amended.

An appeal from this decision was laid on the table; yeas 31, nays 28. (See Cong. Record, p. 2806-2809.)

Ib.; J., p. 1224.]

AUGUST 2, 1886.

The resolution of Mr. Beck, to proceed to the consideration of House bills on the Calendar under Rule VIII, and the resolution of Mr. Edmunds relative to consideration of business on the Calendar under the same rule, being laid before the Senate, Mr. Miller raised a question of order that the resolutions would operate as a change in the standing rules, and that proper notice had not been given under the fortieth rule, and the President pro tempore (Mr. Sherman) sustained the point of order. (See Cong. Record, pp. 7846, 7847.)

Similar decision February 23, 1887. (49th Cong., 2d sess.; J., p. 410. See Cong. Record, p. 2103.)

49th Cong., 2d sess.; J., p. 400.]

FEBRUARY 22, 1887.

The President pro tempore (Mr. Sherman) laid before the Senate the resolution yesterday submitted by Mr. Cameron, limiting debate during the remainder of the session.

When

Mr. Edmunds raised a question of order that the resolution would change the standing rules of the Senate, of which proper notice had not been given as required by the fortieth rule of the Senate, and the President pro tempore sustained the point of order. (See Cong. Record, p. 2058.)

4. RELATING TO AMENDMENTS TO THE, BY RESOLUTION, ONE DAY'S NOTICE NOT NECESSARY.

54th Cong., 1st sess.; J., p. 111.]

FEBRUARY 4, 1896.

The introduction of a resolution proposing an amendment to the rules for the distribution of the appropriation bills to different committees ordered printed, laid on the table, and proposed to be considered on a subsequent day is a sufficient compliance with the rule requiring notice in writing to be given.

Mr. Aldrich raised a question of order, viz: “That one day's notice in writing not having been given prior to the introduction of a resolution, the provision of Rule XL had not been complied with, and therefore the resolution was not in order."

The Vice-President (Mr. Stevenson) overruled the question of order on the ground that the Senate, having determined to proceed to the consideration of the resolution, had waived any point of order as to the notice required by Rule XL.

Second. That the resolution having been introduced December 5, and laid on the table, and having been on the table Calendar si was in itself a sufficient compliance with the rule.

The Senate thereupon proceeded to the consideration of the reso Cong. Record, pp. 1277–1285.)

51st Cong.. 2d sess.; J., p. 90.]

JANUARY

On motion by Mr. Aldrich, that the Senate proceed to the of the resolution submitted by him December 29, 1890, to amend th agreed to; and the Senate resumed the consideration of the reso the question being on the point of order raised by Mr. Harris, instant, viz, that the notice given by Mr. Aldrich was not sufficient]] meet the requirements of Rule 40, as it did not specify the parts proposed to be suspended, modified, or amended, and the purposes t that the proposed rule materially modifies Rules 5 and 20, and neith rules is mentioned in the notice as rules proposed to be suspended, r amended.

The Vice-President (Mr. Morton) overruled the question of order, a that it was not well taken, as, in the opinion of the Chair, the pi spirit of the rule are stated in the resolution submitted by Mr. Aldric From the decision of the Chair Mr. Faulkner appealed to the Se after debate, at 2 o'clock and 35 minutes p. m., Mr. Gorman raised a as to the presence of a quorum; whereup the Presiding Officer (Mr. M in the chair) directed the roll to be called, when 51 Senators answere

names.

A quorum being present, and the question recurring upon the appe by Mr. Faulkner from the decision of the Chair, after further debate, o by Mr. Aldrich that the appeal lie on the table, Mr. Gorman asked motion be put in writing; and, the motion having been reduced to writin Aldrich, on the question to agree to the same it was determined in the tive; yeas 33, nays 28.

So the motion was agreed to. (See Cong. Record, pp. 1665–1682.)

5. VIOLATION OF, BY GIVING CONFIDENTIAL MATTERS TO A PAPER.

MAY 8-10, 18

28th Cong., 1st sess.; J., pp. 439–443 (Appendix).] Senator Tappan, of Ohio, in April, 1844, gave out a confidential pape the Senate with the privilege of the same being printed in a newspaper, was printed in the New York "Evening Post" on April 27 of that year. Senate appointed a select committee of five Senators to examine into the and make report thereon. The committee reported there was no excuse for the outrage" and reported resolutions covering the matter, were amended and agreed to as follows:

Resolved, That Benjamin Tappan, a Senator from the State of Ohio, in nishing for publication in a newspaper documents directed by an order o Senate to be printed in confidence for its use, has been guilty of a flag violation of the rules of the Senate and disregard of its authority. Mr. Archer submitted the following resolution:

Resolved, That, in consideration of the acknowledgment and apology dered by the said Benjamin Tappan for his said offense, no further censure inflicted on him.

Resolved, That the following be added to the standing rules of the Senate: "Any officer or member of the Senate convicted of disclosing for publication any written or printed matter directed by the Senate to be held in confidence, shall be liable, if an officer, to dismissal from the service of the Senate, and in the case of a member to suffer expulsion from the body."

Clause 4 of Rule 36 grew out of the above resolution.

4. Any Senator or officer of the Senate who shall disclose the secret or confidential business or proceedings of the Senate shall be liable, if a Senator, to suffer expulsion from the body; and if an officer, to dismissal from the service of the Senate, and to punishment for contempt.

SEATS IN THE SENATE. (See SENATORS.)

SENATORS.

1. Clerks to, are not entitled to the privileges of the floor, when not in the actual discharge of their duties.

2. Contestant permitted to explain at bar.

3. Conduct or motive, unworthy.

4. Given permission to testify before a House committee.

5. May decline to answer when paired.

6. May not be taken from the floor by a privileged question.

7. May vote where interested in the result.

8. No business can intervene between calling the roll of, and announcement of the result.

9. Resolution to admit two Senators-elect can only be divided by way of an amendment.

10. A motion to lay on the table a motion to proceed to the consideration of a resolution to admit a, is not in order.

11. Could not submit a motion that a Senator-elect be sworn in, because his credentials were in possession of the committee.

12. Resolution for admission of a Senator-elect is a question of privilege and may be proceeded with.

13. Language charging fraud, bribery, etc., on members of the legislature, no imputation upon Senators-elect.

14. Chair has no authority to require, declining to vote, to assign reasons therefor.

15. An amendment affirming principles merely, to a resolution declaring a Senator entitled to retain his seat, not in order.

16. Pending consideration of a resolution for the admission of, a motion to proceed to the consideration of executive business is in order.

17. Resolution to correct the Journal to show presence of, must lie over one day on objection.

18. May sit when speaking.

19. Declining to vote, although Senate refuses to excuse.

1. CLERKS TO, ARE NOT ENTITLED TO THE PRIVILEGES OF THE FLOOR, WHEN NOT IN THE ACTUAL DISCHARGE OF THEIR DUTIES.

60th Cong., 1st sess.]

MAY 29, 1909.

The report of the committee of conference on H. R. 21871, "to amend the national banking laws," being under consideration:

Mr. Gallinger rose to a question of order.

That under Rule XXXIII, clerks to Senators, when not in the actual discharge of their duties, were not permitted the privileges of the floor, and that a clerk to a Senator who has not been in the discharge of his official duties,