1944. In regard to clerical form, a matter by no means unimportant, — a report should be clearly and legibly written with ink, and not in pencil, and without any material erasures or interlineations. If presented in a foul state, the house will order it to be recommitted, or withdrawn, in order to its being written out in a proper manner.1 It is not probable that any report of a merely formal nature would be required to be made in writing, but every one, at least, which requires the action of the house, or is to remain on its files, should be prepared in that manner.2

1945. Besides the report, properly so called, relating to the subject-matter referred to a committee, it is frequently necessary for a committee to make a special report, in reference to some matter incidentally arising, relating to the powers, functions, or proceedings, of the committee. Such reports are similar in point of form, and are proceeded upon in the same manner as the principal report of the committee. A report from an election committee, that one of the sitting members in the case before the committee had been guilty of bribery and corruption; a report from a select committee, that parts of the evidence taken by it had been published improperly; a report from a select committee, requesting the instructions of the house, as to the authority of the committee, or the proper course for it to proceed; 5 are examples of incidental or special reports.

4

3

1946. When a committee is authorized to report from time to time, and the subject-matter referred to its consideration is one which admits or requires more than a single report, the committee is at liberty to make as many reports as it may think proper, and at convenient intervals as it makes progress in the business referred to its consideration.

1947. Besides reports, properly so called, committees frequently direct their chairman to make motions in the house, either in reference to the subject-matter referred to the committee, or to some incidental matter connected with or growing out of the principal subject. The direction frequently given to the chairman of a committee, to move the house that leave be granted for bringing in a bill, is an example of the former. A direction to move for leave to send for persons, papers, and records, or, that the committee may report from time to time, is an example of the latter. Motions of

1 Hans. (1), XVII. 1, 6, 8, 10.

2 Cong. Globe, XV. 564. But see Lloyd's Deb. II. 257, 258; J. of House, 31st Cong. 1st Sess. 1011, 1012.

3 Hans. (3), I. 1042, 1043.

4 Hans. (3), XXXVII. 1305.

5 Hans. (1), XXIII. 883.

this kind require previous notice, and are considered in every respect in the same manner as other motions.

1948. A committee, as we have seen, has no other authority than to do as it is ordered by the house, or to report its opinion upon the subject referred to it, but it has no authority, unless expressly conferred upon it, to report for the consideration of the house, any act of legislation, as a bill, or joint resolution. It is a common practice, however, in this country, to authorize a committee to report by "bill, or bills, or otherwise." This authority is either conferred by the order for the appointment of the committee, or by some subsequent order, or more commonly by a standing order. In these cases, where a committee reports a bill, the bill may be either the report, or an addition to the report. In either case, the reception of the report of the committee is equivalent to the reception of the bill of the house, in the same manner as if presented by its order.

1949. Where the functions of a committee are not merely clerical, or the paper before it does not originate with itself, it has no authority to erase or add to the paper before it, but must set down its amendments even where directed by the house to make them in its report; but with this exception, the committee has full power over the paper committed to it, if any, though they cannot change the title or the subject.2

CHAPTER EIGHTH.

OF MAKING THE REPORT AND PROCEEDINGS THEREON.

1950. When a report is to be made from a committee, the chairman, or other member charged with the duty of making it, rises in his place, and addressing the speaker, and being responded to by him, informs the house, that he is directed by such a committee, to report the matter to the house; and thereupon reads, or is supposed to read the report in his place; he then appears and takes his seat at the bar, with the report and other papers in his hand. The

1 Parl. Reg. LX. 391, 395, 396. Cong. Globe, XI. 319, 324.

2 Jefferson's Manual, Sec. XXVI.

speaker, seeing him there, inquires what he holds in his hand? The member answers that it is the report of such a committee. Thereupon a motion is made, or supposed to be made, either by the member himself, or by some other, and a question put, that the report be brought up to the table, or, in other words, that it be received.1

1951. Where the reporter from a committee, who may either be the chairman, or some other member directed by the committee, reports a series of resolutions, or other papers originating with the committee, he reports it in a clean draft, with all the amendments, if any, which have been adopted, duly written in; but where he reports amendments to a bill or other paper, which is referred by the house to the committee, in making the report, he reads the amendments with the coherence in the papers, and opens the alterations, and the reasons for the amendments, until he has gone through with the whole. He then delivers in the bill or other paper at the clerk's table, when the amendments are read by the clerk, without the coherence, whereupon the papers lie, till the house at its convenience proceeds with the business.2

4

1952. On the question of bringing up the report, it is competent to any member to object to receiving the report on the ground of any irregularity, either of form, as, for example, that the report is full of erasures and interlineations, or, of substance, as, for example, that it is not within the powers of the committee; or to go into a general debate of the subject-matter; but it is not in order to move to amend the report; it must either be received or rejected, as it is;5 and no motion, except for recommitment, can be made in relation to it, until it has been received.7

6

1953. The practice in this country, in making a report, is somewhat different. There is no formality of going to the bar and bringing up reports from thence. Whenever the chairman or other member of the committee is ready to report, he obtains possession of the house, or is called to by the speaker, for the purpose, and announces that he has a report from such a committee. He thereupon proceeds in his place to read the report in question. If the report is objected to by anybody, either on the ground of form, as not being properly prepared, according to the orders of the house, or of substance, as not being within the jurisdiction of the

committee, this raises the question of the reception. If the objection is on the ground of order, a question is presented in the first instance for the presiding officer to decide. If the ground of order is overruled, or the report is suffered to proceed notwithstanding, or a suspension of the rules takes place, then the question of reception is to be put to the house or supposed to be so, and if decided in the affirmative, the report is accordingly received and further proceedings had thereon. If the objection is not one of order, the question of reception is to be put at once to the house.

1954. If this question should be decided simply in the negative, of which there are instances,1 it is not apparent what the precise effect of the decision would be, whether the committee would be discharged,2 and the matter there stop, or whether the refusing to receive the report would be equivalent to a recommitment; but, at all events, if the decision were upon the ground of an informality in the report, it would undoubtedly be followed by a recommitment.

66

1955. If the question is decided in the affirmative, the chairman then brings up the report, and delivers it in at the clerk's table. The next step, in the regular course of proceedings, is, for a motion to be made, usually by the reporter, and a question put, “ that the report be now read." On this question, the same proceedings may take place as on the former motion, that the report be brought up. But, according to the practice in modern times, this question is only supposed to be put, being, in point of fact, omitted, and the report read, without a question. If the question of reading should be made, and decided in the negative, it does not appear that any other motion could be made with reference to the report, but to recommit it. No other motion, it seems, could be made in the regular course of proceeding, without first reading the report.

1956. The proceedings with reference to a report are the same, whatever the form of it may be, until it is brought up and read and the house has proceeded to take it into consideration. After this point, the proceedings may be different according as the report concludes or not, with resolutions or other propositions, which are reported for the purpose of being acted upon and agreed to by the house. The proceedings, if any, which take place between the

1 Comm. Jour. XV. 189.

2 If this were the final report of the committee which had adjourned without day, the

committee would be functus officio, unlessrevived.

bringing up and the consideration of the report, are also the same, without regard to the form of the report.

1957. When a report is brought up and read, there are several courses of proceeding which may be adopted:-1. No motion whatever may be made in reference to it, in which case, it remains to be taken into consideration afterwards, whenever the house may think proper; 2. It may be ordered, on motion, to lie on the table, either generally, in which case, no other order can regularly be made in reference to it, on the same day, or specially, until some specified time, in which case, no order can be made till that time; 3. A motion may be made for taking it into consideration on a future day. This motion may be so framed, by naming a day beyond the session, as to amount, if it is carried, to a defeat of the measure; or if the day named be within the session, it may be amended into a day beyond the session; and, in either case, the motion may be amended, so as to become a motion for present consideration; 4. A motion may be made for the recommitment of the report; or, 5. If neither of these courses is pursued, the house may proceed with the consideration of the report. The manner of proceeding may then be different, as already observed, according as the report contains or not resolutions or other propositions, for the consideration of the house.

1958. If the report does not conclude with or contain any resolution or other propositions, for the consideration of the house, or such only as do not require to be agreed to by the house, it does not appear, that any further proceedings in reference to it, as a report, are necessary. It remains in the possession and on the journals or files of the house, as a basis or ground for such further proceedings, as may be proper or necessary. Resolutions of opinion may be moved upon it; or a motion for leave to bring in a bill may be predicated upon the facts stated in it; or it may be referred to another committee for their consideration; or it is presumed, it may be amended. Reports of this description contain a statement of the facts, or of the evidence merely relating to the subject of inquiry, and are not accompanied by any resolutions or other propositions, for the consideration of the house. A resolution, that, in the opinion of the committee, petitioners have fully proved the facts set forth in their petition, or, that the house be moved that leave be granted for a bill to be brought in,— are not resolutions, which require to be agreed to, in that form, by the house.

1959. If the report concludes with or is accompanied by resolutions or other propositions, which are proper or necessary for the