considered necessary that a motion should be seconded, though there is no rule to this effect, and it is difficult to see any sufficient reason why a seconding should not be required as well in committees as in the house. 1915. Another exception, which is peculiarly American, is, that no reconsideration of a vote can take place in a committee, either select or of the whole. This principle, however convenient it may be, seems to be founded in a somewhat too literal and stringent an application of a familiar doctrine of the common parliamentary law.1 1916. IV. Questions are determined in select committees by the voices and by divisions, in the same manner as in the house to which they belong. In the lords' committees, the chairman votes like any other peer; and if the members on a division are equal, the question is negatived. In the commons, the practice is similar to what takes place in the house on divisions; the chairman voting only when the numbers are equal, and then giving the casting vote.2 1917. According to the constitution of election committees, as originally established by the Grenville act, the chairman voted with the other members in the first instance, and then, in case of an equality of numbers, gave a casting vote. But this privilege was peculiar to election committees, which were regulated as to their proceedings entirely by statute, and did not extend to any others. It appears, however, that a notion at one time prevailed, to some extent, that the chairman of every select committee had the same right; but, upon the subject being brought before the house by the chairman of a select committee who had so voted, Mr. Speaker Abercrombie gave his opinion, which was acquiesced in by the house, that the chairman of a select committee could only vote when the committee was equally divided, in which case, it was his duty to give a casting vote.3 The house very soon afterwards came to a resolution "that according to the established rules of parliament, the chairman of a select committee can only vote when there is an equality of voices." 4 1918. V. Committees have the same authority as the house itself, in regard to the exclusion of strangers from the committee room. When a select committee of the house of lords is taking the examination of witnesses, strangers are rarely allowed to be 1 Jefferson's Manual, Sec. XXVI. 2 May, 303; Comm. Jour. XCI. 214. 3 Hans. (3), XXXII. 501, 502, 503, 504. 4 Comm. Jour. XCI. 214. present; in the commons' committees, the presence of strangers is generally permitted. When committees are deliberating, it is the invariable practice to exclude all strangers. 1919. Members of the house to which a select committee belongs stand upon a different footing. In the house of lords, all the lords are entitled to attend the select committees, and may speak, but they are not allowed to vote, and are bound to give place to those of the committee, though of a lower degree.1 Members of the house of commons are also entitled to be present at select committees. If the committee is an open one, they have a right not only to be present, but to take a part in the proceedings; being, in fact, members of the committee. If the committee is select, without being open, other members may attend and be present at the examination of witnesses, and at other proceedings of the committee, until it comes to deliberate; 2 but they have no right to attend for the purpose of addressing the committee, or of putting questions to the witnesses, or of interfering in any manner whatever in the proceedings. Whether members can be excluded from the committee room, when the committee is proceeding to deliberate, is a question which appears to be still unsettled. If the committee is one of secrecy, all the proceedings and inquiries through out are conducted with closed doors; and it is the invariablepractice for all members not on the committee to be excluded from the room.5 3 1920. VI. The members of a select committee having themselves no other than a delegated authority, derived from the house of which they are members, which authority is delegated entire to each and every member of the committee, it is not competent to the committee to divide itself into sub-committees, among whom to apportion or delegate its own functions, any more than it is competent to the committee to fix the number of its members necessary to constitute a quorum. It does not seem, however, to be incompatible with this principle, for a select committee to avail itself of the services of its members, individually, or in the form of sub-committees, for the doing of many things connected with the business of the committee, which do not involve a delegation of authority. 1 May, 300. 6 4 See May, 300; Hans. (3), LXXVIII. 305, 306. 5 May, 302. 6 Hans. (1), XXXIX. 776, 777. CHAPTER FIFTH. OF INSTRUCTIONS TO COMMITTEES. 1921. The order, by which the appointment of a select committee is directed, specifies the authority conferred upon the committee, as to the subject-matter, and contains, or is accompanied by other orders which contain, the powers with which the committee is clothed for the performance of its duties. It is also competent to the house, afterwards, to enlarge the authority of the committee, either as to the subject-matter, or its incidental powers, by means of what are called instructions. 1922. Instructions may be given to a committee, at any time after the adoption of the order for its appointment, although the members have not yet been named; but it is too early to move instructions on the motion for the appointment of the committee; 1 any alteration or enlargement of the powers proposed may then be effected by amendments of the motion for the committee. 1 1923. The proper object of an instruction to a committee, as to the subject-matter referred to it, is to enlarge its powers; that is, to bring within the scope of the authority already conferred upon it, matters not originally coming under the order of reference. An instruction, therefore, which merely affirms the existing powers of a committee, is unusual, and irregular, as being wholly unnecessary. Thus, where a committee had been appointed to inquire into the state of the poorer classes in Ireland, and the best means of improving their condition; and a motion was made, that it be an instruction to the committee to inquire how far the statute of the 43 Elizabeth might be made applicable to the poor of Ireland; the speaker, Mr. Manners Sutton, said, "that the committee already had power to extend their inquiries to that point; and it was unusual to give an instruction to it to do that which it already had the power to do." 2 1924. An instruction, which proposes to direct a committee absolutely to do or not to do a particular thing, which is already within its powers to do or not to do, as it may think proper, is irregular; on 1 Hans. (3), XXXI. 147, 153, 155, 163. 2 Hans. (2), XXIII. 202, 222. the ground, it is presumed, that such an instruction would be repugnant to the reference, as the effect of it would be, in fact, to withdraw from the consideration of the committee so much of the power originally conferred upon it, and to decide upon that matter in the house. Thus, where it was proposed to instruct the committee on a bill, that it should not entertain a certain proposition, which was evidently within the scope of the bill, the speaker, Mr. Shaw Lefevre, said, "The rule of the house was simply this, that no person could move an instruction to a committee to do that which could be done without an instruction. If the proposition was within the scope and title of the bill, it was quite competent for the mover to introduce it in the committee, either by moving an amendment to some clause, now in the bill, or by a new clause, and then it would not be competent for him to move an instruction for that purpose." 1 1925. The reason of the rule above stated does not seem to apply to an instruction, by which a committee is directed absolutely to do something which is not within the scope of its authority; and, in fact, instructions of this description are among the most common. An instruction to a committee not to do a particular thing, not within the scope of its appointment, would only be a direction to it not to transcend its authority. 1926. There are consequently but two forms of instruction to a committee in reference to the subject-matter, namely, that it be an instruction to the committee that it has power to do a particular thing, or that it do a particular thing, which is not within the authority already conferred upon it. 1927. Whenever it becomes necessary to enlarge or add to the incidental powers of a select committee, it is done by way of an instruction; as, for example, that it be an instruction to the committee that they have power to report from time to time, or to adjourn from place to place, or to send for persons, papers, and records. 1 Hans. (3), LXXIV. 107. CHAPTER SIXTH. OF OTHER INTERMEDIATE PROCEEDINGS IN THE HOUSE WITH REFERENCE TO COMMITTEES. 1928. Committees may, at any time after their appointment to consider a particular matter, and before their report upon it, be discharged by the assembly from the further consideration of the same. They may also, as has been seen in the last chapter, be instructed in reference to it. But besides instructions to committees, there are frequent occasions on which proceedings take place in the house with reference to committees, after the order of reference, and before the final report. 1929. Occasions of this sort occur when special reports are made from committees, with reference to disorders committed therein, or to the use of disorderly words; or to some contempt of the committee's authority, as where a person summoned as a witness refuses to appear, or to testify, or prevaricates in his testimony; or when intermediate measures become necessary in the prosecution of the business referred to the committee, as when the committee desires the instruction of the house in reference to the form of proceeding; or when a committee is remiss in proceeding or making its report; or when a committee has adjourned without day, or to a day beyond the session, without reporting; or when it becomes necessary to fill vacancies in the committee, or to enlarge it by the appointment of additional members; in all these cases, there is ground for further proceedings in the house.1 1 An order of the committee of privileges and elections not being complied with, and complaint thereupon made in the house, the order was there renewed. Comm. Jour. XV. 71. See also Same, XVI. 277, 291, 324, 325; Same, XVII. 519, 527, 539, 542. See also the 1 |