Take Precedence of Call for the Previous Question.

The Chair having decided the call for the previous question in order, and an appeal taken, and the question being, Shall the decision of the Chair stand as the judgment of the Senate) The hour of one o'clock having arrived, and the orders of the day being called for, the President was about to adjourn the Senate, when Mr. Hall submitted the point of order that the orders of the day cannot be called pending a call for the previous question. The President decided the point of order not well taken and adjourned the Senate. (Senate Journal, extra session, 1883, p. 172.)

Suspension of, Necessary to Offer Resolution after the Order of Resolutions has been gone Through with.

Mr. Cooper submitted the point of order that the order of original resolutions have been gone through with today, the motion was not in order at this time except by suspension of the orders, which required a two-thirds vote. The President pro tempore (Mr. Mylin), decided the point of order well taken. (Senate Journal, extra session, 1883, p. 208.)

POINTS OF ORDER.

Cannot be Raised upon Another Pending Point of Order.

The President pro tempore decided that a point of order could not be raised upon another point of order pending before the Senate for consideration. (Senate Journal, 1876, p. 884.)

Can be Raised at any Stage of a Bill.

The President decided that a point of order be submitted at any stage of a bill, and was always in order. (Senate Journal, 1879, p. 389.)

Cannot be Raised upon a Question after other Business has Intervened.

The President pro tempore decided that as a recess had been taken (a motion to that effect having been made and carried in the meanwhile), and as the Senate had come together after the recess had expired, it was then too late for a point of order to be raised upon the resolution which had been passed previous to the recess. (Senate Journal, extra session, 1891, p. 487.)

PREVIOUS QUESTION.

Call for, can be Renewed same Day.

The Senate decided that the previous question, having been called on the pending question of a hill and not sustained, could be called again on the same day. (Senate Journal, 1844, p. 690.) On Bill, not Precluded by Motion to Postpone.

A motion for postponement being before the Senate, the previous question was called. The Speaker decided that if the call was sustained, the first question would be on the motion to postpone, and not on the bill pending. From which decision an appeal was taken, and the decision reversed by the Senate. (Senate Journal, 1850, pp. 265, 269.)

Cuts off Motion to Indefinitely Postpone.

The Speaker decided that the previous question cut off a motion to postpone indefinitely. The Senate sustained the decision. (Senate Journal, 1868, p. 914.)

Call for, in order while a Senator is Speaking.

Mr. Cooper submitted a point of order that, as the Senator from Philadelphia (Mr. Adams) had the floor, the call for the previous question could not be recognized by the Chair at that time. The President decided the point of order not well taken. (Senate Journal, extra session, 1883, p. 172.)

QUESTIONS.

When not Divisible.

Mr. Hall submitted the point of order that the question was not divisable, for the reason that if the first proposition was defeated the remaining proposition would be incomplete. Decided well taken. (Senate Journal, 1883, p. 696.)

Mr. Wallace called for a division of the question, so that a vote could be had upon each of the several sections offered as an amendment to the bill. The President decided that the question not divisible, because the amendment would be incomplete unless adopted as a whole. (Senate Journal, 1883, p. 1225.)

was

When Divisible.

Mr. Gordon called for a division of the question (on a resolution to appoint a conference committee, and instruct the same), so that a separate vote could be had upon each of the two propositions contained therein. Mr. Adams submitted the point of order that the resolution could not be divided without destroying the sense, and the call for a division of the question was. therefore, not in order. The President decided the resolution could be divided without destroying the sense, and the point of order, therefore, not well taken. (Senate Journal, extra session, 1888, p. 56.)

When a Part of a Divisible Question Cannot be Considered.

And the question being, will the Senate agree to the second division, Mr. McCracken submitted the point of order that the first division of the question having been ruled out of order, the second division is incomplete and unintelligible, and therefore, not in order. The President decided the point of order well taken. (Seuate Journal, extra session, 1883, p. 56.)

AND

MBER

QUESTIONS OF PRIVILEGE.

Do not Take Precedence of Special Orders.

During the consideration of the resolution-(Resolved, As the sense of the Senate, that the ruling of the temporary President on the appeal taken from the decision of the President of the Senate on the point of order raised by the Senator from Delaware that amendments inserted on second reading could not be stricken out on the third reading of House bill No. 289, known as the repeal of the recorder's act of 1878, was an error, a tie vote having been cast, and the proceedings subsequent to the decision of the President of the Senate be corrected upon the Journal and rescinded)-The hour fixed for a special order having arrived, Mr Reyburn then suomitted the point of order that the question before the Senate was one of the highest privilege, and as such its consideration was in order until finally decided. The President submitted the point of order to the Senate for its decision. Decided in the negative by the Senate. (Senate Journal, 1883, pp. 779, 780, 787.)

QUORUM.

Senators Announcing "Pairs" to be Counted in Making up.

Mr. Lee submitted the point of order that those members of the Senate who responded to the call of the yeas and nays just taken by stating as a reason for not voting that they were paired with absent Senators, are to be counted to ascertain whether there was a quorum present when the vote was taken. The President pro tempore decided the point of order well taken and the resolution agreed to. (Senate Journal, extra session, 1883, p. 143.)

Senators Announcing "Pairs" and Signing Appeal to be Counted in Making up.

An appeal having been taken from the foregoing decision, and the yeas and nays called and the five Senators who signed the appeal declining to vote, Mr. Reyburn (acting President pro tempore), decided that with twenty-three Senators voting, the two Senators recorded as present and paired, and the records on the question, a quorum was present, and the question was decided in the athimative. (Senate Journal, extra session, 1883 p. 145; appeal from decision of the

Chair, p. 145.)

The acting President pro tempore (Mr. Reyburn), directed the clerk to call the names of the Senators who signed the appeal from the decision of the Chair, viz: Messrs. Gordon, Kennedy, Biddis, Ross and Hess, and make a record of the same; which was done. And the acting President pro tempore (Mr. Reyburn), decided that with the Senators voting, the Senators present and paired, and the record on the question, a quorum was present, and the question determined in the affirmative. (Senate Journal, extra session, 1883, p. 146.)

Amending Motion for.

RECESS.

The President decided it not in order to amend a motion that the Senate take a recess” by adding thereto an amendment fixing the order of business when again convened. An appeal was taken, and the decision reversed. (Senate Journal, 1877, p. 574.)

A motion "that the Senate take a recess until eleven o'clock," having been amended by adding thereto "and that the Senate then proceed to the consideration of House bill No. 162," the President decided that the Senate having under consideration bills on third reading, and the bill proposed to be considered after the recess, being on second reading, it would require a two-thirds vote to pass the resolution. An appeal was taken, and the decision reversed. (Senate Journal, 1877, p. 576.)

Motion for, not in Order after Motion to Adjourn has been Defeated, a Quorum Voting.

A call for the previous question having been made on the first division of a motion to fix an afternoon session for the consideration of a certain bill, and less than a quorum voting thereon, a motion was made to adjourn and negatived, the vote showing more than a quorum present. A motion was then made to take a recess until tomorrow morning when Mr. Cooper submitted the point of order that as the vote on the motion to adjourn, just taken, demonstrated the presence of a quorum of the Senate, the motion just made was not in order, and that the question recurred upon the first division of the question now pending. The President decided the point of order well taken. (Senate Journal, 1885, p. 334.)

RECONSIDERATION.

Of Negative Vote on Final Passage of Bill, when Motion for, in Order.

The Speaker decided it in order, without asking leave of the Senate, to make a motion to reconsider the vote negativing a bill on its final passage when the order for the third reading of bills has been reached. (Senate Journal, 1844, pp. 836-37.)

Of a Bill Twice Negatived on Final Passage, not in Order.

A Point of order was submitted by Mr. Laird, viz: That as the vote by which said hill was negatived on final passage had once been reconsidered, and the bill having again been negatived on final passage, the motion to again reconsider said vote was not in order. Decided well taken. (Senate Journal, 1883, p. 545.)

One Voting with Majority only can Second Motion for.

Mr. Gordon submitted the point of order that Mr. Laird was not competent to second the motion to reconsider, he not having voted with the majority. Decided well taken. (Senate Journal, 1883, p. 636.)

Not in Order after Five Legislative Days.

Mr. Cooper submitted the point of order that, as five legislative days had elapsed since the vote was had by which the amendment was agreed to, rule of the Senate, the motion was not now in order. 1888, p. 737.)

under the provisions of the sixteenth Decided well taken. (Senate Journal.

RECONSIDERATION-Concluded.

Motion for, once Negatived Cannot be Renewed.

A motion was made by Mr. Cooper that the vote had by which the Recorder's Repeal Bill, as amended, was agreed to a third time be reconsidered for the purpose of special amendment. The President decided the motion not in order, as a motion to reconsider the vote by which the bill, as amended, was agreed to had once been made and negatived. (Senate Journal 1883, p. 788.)

Of Final Vote on Bill, must be Made Within Five Legislative Days.

A motion having been made to reconsider final vote on bill, Mr. Grady submitted the point of order that, as five legislative days had elapsed since the vote on final passage of the bill by the Senate, the resolution is not in order. The President decided the point of order well taken, and ruled the motion out of order. (Senate Journal, 1883, p. 1241.)

Of same Bill, not in Order a Second Time.

The bill being on final passage and a motion to reconsider the vote by which it passed third reading having been made, Mr. Lee submitted the point of order that, as the vote had by which the bill as amended was agreed to had once been reconsidered, and no amendments having been made to the bill, a motion to again reconsider was not in order. The President decided the point of order well taken, and ruled the motion out of order. (Senate Journal, extra session, 1883, p. 39.)

Necessary when Instructing a Conference Committee to do that which the Senate has Already Refused to do.

Mr. Hughes submitted the point of order that it is proposed by the resolution instructing a conference committee to do something that the Senate has already refused to do, without reconsidering the previous action of the Senate, and is, therefore, not in order. The President decided the point of order well taken, and ruled the resolution out of order. (Senate Journal, extra session, 1883, p. 62.)

A Motion for, Always in Order.

An objction having been made to the motion for the reconsideration of the vote by which a resolution was defeated, the President decided that a motion to reconsider is always in order. (Senate Journal, extra session, 1891, p. 404.)

RESOLUTIONS.

Not in Order to Strike out and Insert New Subject Matter in.

The resolution relative to the abolition of slavery in the District of Columbia, being before the Senate, the Speaker decided that an amendment striking out all after the enacting clause, and inserting the words as follows, viz: "That the energies of the government should be devoted to the suppression of the existing rebellion, and to the maintenance of the Union and the Constitution, and it is inexpendient at this time for Congress to legislate upon the subject of abolishing negro servitude, either in state, territory, or the District of Columbia; and that our Senators in Congress be, and they are, hereby instructed, and our representatives requested to vote for such legislation as will best carry out the spirit and meaning of the foregoing resolution," was not in order. (Senate Journal, 1862, p. 283.)

Two-Thirds Vote Necessary to Pass Resolution Imposing Special Work on a Standing Committee.

On the passage of a resolution authorizing the Committee on Mines and Mining, of the two Houses, to make certain investigations, the President pro tempore (Mr. Grady in the Chair), decided that as all committees of the Senate were to be appointed by the President pro tempore, and as the resolution provided for the appointment or naming of a committee, it involved a suspension of the rule and required a two-thirds vote to pass the same; an appeal was taken from said decision and the Chair sustained. (Senate Journal, 1897, pp. 803, 811.)

RESOLUTIONS, CONCURRENT.

Necessary to Provide for Printing of Report of an Investigation Committee.

Mr. Gobin submitted the point of order, that a concurrent resolution is neccesary to provide for the printing proposed in the resolution, and a concurrent resolution, which originated in the Senate, of the same character, having been defeated in the House, the resolution is not in order. The President pro tempore decided the point of order well taken and ruled that the resolution was not in order. (Senate Journal, 1891, p. 860.)

From House Recalling a House Bill which is on Second Reading Calendar out of Order.

A resolution having been presented to the Senate recalling a House bill, Mr. Lyon submitted the point of order, that said bill having been regularly presented to the Senate as having passed the House of Representatives, committed to the proper Senate committee, considered by the same and reported to the Senate, and having passed first reading and now being on second reading calendar, the position of the bill is such that the request of the House contained in the resolution could not be complied with under the rules of the Senate. Whereupon, the President of the Senate decided the point of order well taken and ruled the resolution out of order. (Senate Journal, 1893, p. 1136. See also Legislative Journal, 1921, p. 1295.)

RULES.

Defeat of Motion to Suspend, Carries with it Whole Proposition.

A point of order was submitted by Mr. Cooper that, as the first division had been defeated, and the Senate had decided not to suspend the rules, the second division was not in order. The President decided the point of order well taken, and ruled the question out of order. (Senate Journal, extra session, 1883, P. 64.)

SENATORS.

Before Qualification, Cannot Present Papers.

The Speaker decided that it was not in order for a Senator-elect to present a paper to the Senate before he was qualified. (Senate Journal, 1866, p. 6.) The Speaker decided that it was not in order to receive a paper from persons elected as Senators previous to their being qualified. The Senate sustained the decision. (Senate Journal, 1867, p. 6.)

May Vote on Question Affecting Beat of.

The Speaker decided that an amendment, directing that the name of a Senator, whose seat was contested, be omitted in calling the yeas and nays on the resolution before the Serate relating to the right of such Senator to a seat in that body, was not in order. An appeal was taken and laid on the table. (Senate Journal, 1871, p. 125.)

A question of order was raised that a Senator should not vote upon a question affecting his seat in the Senate. The Speaker submitted the question to the Senate, and it was decided that the question of order was not well taken. (Senate Journal, 1871, p. 127.)

Formal Resignation of, Necessary to Preclude their Voting.

The yeas and nays having been called and taken, before the result was announced, Mr. Gordon submitted the point of order that the two Senators from Allegheny (Messrs, Arnholt and Upperman) having resigned their seats, were not entitled to a vote, and their vote should not be counted in ascertaining the result on the pending question. The President pro tempore (Mr. Macfarlane in the Chair), decided the point of order not well taken, the Senate having no official knowledge of the resignation of the Senators named. (Senate Journal, extra session, 1883, p. 209.)

SPECIAL SESSION.

For a Special Purpose Being Fixed, a Two-Thirds Vote not Necessary to Pass Resolution for General Business.

A special session of the Senate being already fixed for the afternoon for taking the vote on United States Senator, the President decided that a two-thirds vote was necessary to pass a resolution "That when the Senate adjourns this A. M. it will be to meet at three o'clock this P. M." An appeal was taken and the decision reversed by the Senate. (Senate Journal, 1877, p. 521.)

TIE VOTE.

On Appeal Sustains Decision of the President.

An appeal having been taken from the decision of the President of the Senate, and the rote of the Senate on the question of sustaining the decision, resulted in a tie, the President de cided that a decision of the Chair on a point of order stands until reversed by a majority vote of the Senate. (Senate Journal, 1877, p. 163.)

On Appeal Reverses Chair's Ruling.

An appeal having been taken from the decision of the Chair, a motion was made to lay the appeal on the table. Not agreed to. On sustaining the decision of the Chair, the yeas and nays were taken and resulted in a tie vote. The acting President pro tempore (Mr. Hall), decided that the appeal was sustained, and the decision of the President overruled by the Senate. (Senate Journal, 1883, pp. 749, 750.)

VOTE.

Cannot be Recorded after Result is Announced by the Chair.

The yeas and nays having been called on the passage of a resolution, the names of Senators voting for and against it having been read by the clerk, the result announced by the Prestient pro tempore, a Senator demanded that his vote, which he alleged had been cast but not recorded. should be recorded and counted. The President pro tempore decided that the Senator should have corrected the vote after it was read by the clerk, and before announced by the President pro tempore, and it could not be recorded and counted now. (Senate Journal, 1879, p. 615.)

Cannot be Recorded after the Call of the Yeas and Nays has been Completed, Except by Consent of the Majority.

The President pro tempore decided that the call of the yeas and nays having been completed in calling the name of the President pro tempore and recording his vote, the vote of the Secator from Cambria (Mr. Boggs) could not be recorded without the consent of the Senate. Journal, 1885, p. 195.)

Can be Changed on a Misapprehension of the Question.

(Senate

The yeas and nays having been taken, and before the list of those voting had been read by the clerk, and the result announced by the Chair, two Senators asked leave to change their rotes from the affirmative to the negative, whereupon the President pro tempore inquired of them whether they had voted under a misapprehension. Upon a point of order being raised, the Senate de cided that the proper question to put to each of the two Senators is "Has the Senator voted under a misapprehension of the question?" (Senate Journal, 1879, p. 948.`

VOTE--Concluded.

Of Twenty-Six Senators in the Affirmative Necessary to Pass a Bill Finally.

The President decided that the constitutional requirements relative to the final passage of a bill is intended to apply to the whole number of Senators provided for by the Constitution, which would be fifty, and that the number required to be recorded in favor of a bill upon its final passage is a majority of the whole number of Senators elected, which would be twenty-six. (Senate Journal, 1881, p. 479.)

Too Late to Correct, on Bill after Other Business has Intervened.

Mr. Grady rose to a question of privilege and made the statement that the vote on House bill No. 35, as taken, was incorrect; that the vote of Mr. Moyer, in the affirmative had not been recorded, and if recorded, the bill would have received twenty-six affirmative votes, and would have passed the Senate. He then, upon leave given, moved that the vote be again taken on said bill. Mr. Merrick raised the point of order that the motion of Mr. Grady was not in order, the vote having been already taken and the result on said bill announced, and that other business had intervened. The Chair decided the point of order well taken. (Senate Journal, 1897, p. 1799.)

YEAS AND NAYS.

Call of, out of Order when Senators Demanding same Decline to Vote.

On the completion of the call of the yeas and nays, and before the result was announced by the Chair, it appearing that less than a quorum had voted, the President pro tempore ruled the call out of order, because the Senators requiring the same had not voted. (Senate Journal, 1883, p. 1228.)

Call of, Cannot be Interrupted after First Senator's Name is Called.

Mr. Humes submitted the point of order that the motion was not in order at this time, the Chair having ordered the call of the yeas and nays, and the clerk having called the name of Mr. Adams. The President decided the point of order well taken. (Senate Journal, extra session, 1883, p. 174.)

AN