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speak to the merits of it till he withdraws. 2 Hats., 219. The rule is, that if a charge against a member arise out of a report of a committee, or examination of witnesses in the House, as the member knows from that to what points he is to direct his exculpation, he may be heard to those points before any question is moved or stated against him. He is then to be heard, and withdraw before any question is moved. But if the question itself is the charge, as for breach of order or matter arising in the debate, then the charge must be stated (that is, the question must be moved), himself heard, and then to withdraw. 2 Hats., 121, 122.

Where the private interests of a member are concerned in [717.22] a bill or question he is to withdraw. And where such an interest has appeared, his voice has been disallowed, even after a division. In a case so contrary, not only to the laws of decency, but to the fundamental principle of the social compact, which denies to any man to be a judge in his own cause, it is for the honor of the House that this rule of immemorial observance should be strictly adhered to. 2 Hats., 119, 121; 6 Grey, 368.

NOTE.-See Senate Rule XII.

No member is to come into the House with his head [717.23] covered, nor to remove from one place to another with his hat on, nor is to put on his hat in coming in or removing, until he be set down in his place. Scob., 6.

A question of order may be adjourned to give time to [717.24] look into precedents. 2 Hats., 118.

In Parliament all decisions of the Speaker may be con- [717.25] trolled by the House. 3 Grey, 319.

SEC. XVIII. ORDERS OF THE HOUSE

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Of right, the door of the House ought not to be shut, but 718.1] to be kept by porters, or sergeants-at-arms, assigned for that purpose. Mod. ten. Parl., 23.

NOTE.-See Senate Rule XXXV.

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The only case where a member has a right to insist on anything is where he calls for the execution of a subsisting order of the House. Here, there having been already a resolution, any person has a right to insist that the Speaker, or any other whose duty it is, shall carry it into execution; and no debate or delay can be had on it. Thus any member has a right to have the House or gallery cleared of strangers, an order existing for that purpose, or to have the House told when there is not a quorum present. 2 Hats., 87, 129. far an order of the House is binding, see Hakew., 392.

How

But where an order is made that any particular matter be taken up on a particular day, there a question is to be put, when it is called for, whether the House will now proceed to that matter. Where orders of the day are on important or interesting matter, they ought not to be proceeded on till an hour at which the House is usually full.

NOTE. See Senate Rule X.

Orders of the day may be discharged at any time, and a new one made for a different day. 3 Grey, 48, 313.

When a session is drawing to a close, and the important bills are all brought in, the House, in order to prevent interruption by further unimportant bills, sometimes comes to a resolution that no new bill be brought in, except it be sent from the other House. 3 Grey, 156.

All orders of the House determine with the session; and one taken under such an order may, after the session is ended, be discharged on a habeas corpus. Raym., 120; Jacob's L. D. by Ruffhead; Parliament, 1 Lev., 165, Pitchard's Case.

Where the Constitution authorizes each House to determine the rules of its proceedings, it must mean in those cases (legislative, executive, or judiciary) submitted to them by the Constitution or in something relating to these, and necessary toward their execution. But orders and resolutions are sometimes entered in the journals having no

relation to these, such as acceptances of invitations to attend orations, to take part in processions, etc. These must be understood to be merely conventional among those who are willing to participate in the ceremony, and are therefore, perhaps, improperly placed among the records of the House.

SEC. XIX. PETITION

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A petition prays something. A remonstrance has no [719.1] prayer. 1 Grey, 58.

Petitions must be subscribed by the petitioners (Scob., 87; [719.2] L. Parl., c. 22; 9 Grey, 362), unless they are attending (1 Grey, 401), or unable to sign, and averred by a member (3 Grey, 418). But a petition not subscribed, but which the member presenting it affirmed to be all in the handwriting of the petitioner, and his name written in the beginning, was on the question (March 14, 1800) received by the Senate. The averment of a member, or of somebody without doors, that they know the handwriting of the petitioners is necessary, if it be questioned. 6 Grey, 36. It must be presented by a member not by the petitioners and must be opened by him, holding it in his hand. 10 Grey, 57.

NOTE.-See Senate Rule VII, clauses 3, 4.

Regularly, a motion for receiving it must be made and [719.3] seconded, and a question put, whether it shall be received. But a cry from the House of "received," or even its silence, dispenses with the formality of this question. It is then to be read at the table and disposed of.

SEC. XX. MOTIONS

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When a motion has been made, it is not to be put to the [720.1] question or debated until it is seconded. Scob., 21.

It is then, and not till then, in possession of the House, [720.2] and can not be withdrawn but by leave of the House. It

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is to be put into writing, if the House or Speaker require it, and must be read to the House by the Speaker as often as any member desires it for his information. 2 Hats., 82.

NOTE.-See Senate Rule XXI.

It might be asked whether a motion for adjournment or for the order of the day can be made by one member while another is speaking. It can not. When two members offer to speak, he who rose first is to be heard, and it is a breach of order in another to interrupt him, unless by calling him to order if he departs from it. And the question of order being decided, he is still to be heard through. A call for adjournment, or for the order of the day, or for the question, by gentlemen from their seats, is not a motion. No motion can be made without rising and addressing the Chair. Such calls are themselves breaches of order, which, though the member who has risen may respect as an expression of impatience of the House against further debate, yet, if he chooses, he has a right to go on.

SEC. XXI. RESOLUTIONS

When the House commands, it is by an "order." But fact, principles, and their own opinions and purposes are expressed in the form of resolutions.

A resolution for an allowance of money to the clerks being moved, it was objected to as not in order, and so ruled by the Chair; but on appeal to the Senate, i.e., a call for their sense by the President, on account of doubt in his mind, according to Rule XX, clause 2, the decision was overruled. Jour. Senate, June 1, 1796. I presume the doubt was whether an allowance of money could be made otherwise than by bill.

SEC. XXII. BILLS

Every bill shall receive three readings previous to its being passed, and the President shall give notice at each whether

it be first, second, or third, which readings shall be on three different days, unless the Senate unanimously direct otherwise.

NOTE.-See Senate Rule XIV, clause 2.

SEC. XXIII. BILLS, LEAVE TO BRING IN

When a member desires to bring in a bill on any subject, he states to the House in general terms the causes for doing it, and concludes by moving for leave to bring in a bill, entitled, etc. Leave being given on the question, a committee is appointed to prepare and bring in the bill. The mover and seconder are always appointed of this committee, and one or more in addition. Hakew., 132; Scob., 40. It is to be presented fairly written, without any erasure or interlineation, or the Speaker may refuse it. Scob., 41; 1 Grey, 82, 84.

NOTE.-See Senate Rule XIV, clause 1.

SEC. XXIV. BILLS, FIRST READING

When a bill is first presented, the Clerk reads it at the table and hands it to the Speaker, who, rising, stated to the House the title of the bill, that this is the first time of reading it, and the question will be whether it shall be read a second time, then sitting down to give an opening for objections. If none be made, he rises again and puts the question whether it shall be read a second time. Hakew., 137, 141. A bill can not be amended on the first reading (6 Grey, 286) nor is it usual for it to be opposed then, but it may be done, and rejected. D'Ewes, 335, col. 1; 3 Hats., 198.

SEC. XXV. BILLS, SECOND READING

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The second reading must regularly be on another day, [725.1] Hakew., 143. It is done by the Clerk at the table, who then hands it to the Speaker. The Speaker, rising, states to the House the title of the bill; that this is the second

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