<DOC>
[Cannon's Precedents -- Volume VIII]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:cannon_cclxiii.wais]



                          Chapter CCLXIII.\1\
 
                APPOINTMENT OF MANAGERS OF A CONFERENCE.

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   1. Number of managers determined by each House. Sections 3219-
     3222.
   2. Represent attitude of majority of House. Section 3223.
   3. Changes of managers. Sections 3224-3229.

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  3219. Under the later practice, the number of conferees to be 
appointed has been left to the discretion of the Speaker.
  On March 31, 1920,\2\ on motion of Mr. Gilbert N. Haugen, of Iowa, by 
unanimous consent, the agricultural appropriation bill was taken from 
the Speaker's table; the Senate amendments thereto were disagreed to; 
and the conference asked by the Senate was agreed to.
  Mr. Champ Clark, of Missouri, inquired why it was proposed to limit 
the committee of conference to three, and recalled that the long-
established practice had been to appoint five conferees on this bill, 
and that on one occasion seven were appointed.
  Mr. Joseph Walsh, of Massachusetts, submitted that the number of 
conferees to be appointed on a bill was a matter within the discretion 
of the Speaker.
  Mr. Haugen explained that three were being appointed because that 
number had been appointed as managers on the part of the Senate.
  Mr. Clark insisted that the number appointed by the Senate should not 
determine the number to be appointed by the House, and that the custom 
of appointing five should be continued.
  Thereupon, the Speaker \3\ announced the appointment of Mr. Haugen, 
Mr. James C. McLaughlin, of Michigan, and Mr. Gordon Lee, of Georgia, 
as managers on the part of the House.
  3220. On June 24, 1932,\4\ on motion of Mr. Charles R. Crisp, of 
Georgia, by unanimous consent, the bill H. R. 12443, the general relief 
bill, was taken from the Speaker's table and the House disagreed to the 
Senate amendments and agreed to the conference asked by the Senate.
  The Speaker \5\ suggested the appointment of himself, the majority 
leader, Mr. Henry T. Rainey, of Illinois, and the minority leader, Mr. 
Bertrand H. Snell, of New York, managers on the part of the House.
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  \1\ Supplementary to Chapter CXXXIII.
  \2\ Second session Sixty-sixth Congress, Record, p. 5054.
  \3\ Frederick H. Gillett, of Massachusetts, Speaker.
  \4\ First session Seventy-second Congress, Record, p. 13879.
  \5\ John N. Garner, of Texas, Speaker.
                                                            Sec. 3221
  Mr. Snell, demurred, and said he had never heard of a Speaker serving 
as a conferee.
  Mr. Crisp inquired if it would be in order to move that the three 
gentlemen mentioned be appointed managers on the part of the House.
  The Speaker said:

  The Chair will state to the gentleman from Georgia that you can not 
direct the Speaker as to the number or the manner in which conferees 
shall be appointed. The Chair, therefore, would have to hold that it is 
not in order to submit such a motion.
  The Chair appoints the following conferees: Messrs. Collier, Crisp, 
Rainey, Hawley, and Treadway.

  3221. A motion to instruct the Speaker as to the number of conferees 
to be appointed is not in order.
  The number of conferees to be appointed is within the discretion of 
the Speaker and may consist of three, five, seven, or nine.
  The number of conferees appointed by one House does not determine the 
number to be appointed by the other.
  Instance wherein the Senate appointed seven conferees and the House 
three on the same committee of conference.
  On December 20, 1913,\1\ the House disagreed to the amendments of the 
Senate to the bill (H. R. 7837) to provide for the establishment of 
Federal reserve banks, to furnish an elastic currency, to afford means 
of rediscounting commercial paper, and to establish a more effective 
supervision of banking in the United States.
  Mr. George A. Neeley, of Kansas, moved that the Speaker be instructed 
to appoint seven conferees, and urged adoption of his motion on the 
ground that the Senate had appointed seven conferees and the House 
should be represented by the same number.
  Mr. Oscar W. Underwood, of Alabama, raised a point of order against 
the motion, and cited the rule \2\ providing for appointment of all 
committees of conference by the Speaker.
  The Speaker \3\ sustained the point of order and announced the 
appointment of Mr. Carter Glass, of Virginia, Mr. Charles A. Korbly, of 
Indiana, and Mr. James Hay, of Virginia, as managers on the part of the 
House at the conference.
  3222. Instance wherein the Senate after appointing committee managers 
subsequently added two additional members to the committee of 
conference.
  On February 16, 1917,\4\ in the Senate, following the passage of the 
Post Office appropriation bill, with amendments, a conference was 
requested with the House.
  The Vice President \5\ appointed Mr. John H. Bankhead, of Alabama, 
Mr. Ellison D. Smith, of South Carolina, and Mr. Charles E. Townsend, 
of Michigan, as managers on the part of the Senate on the disagreeing 
vote of the two Houses.
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  \1\ Second session Sixty-third Congress, Record, p. 1294.
  \2\ Section 2 of Rule X.
  \3\ Champ Clark, of Missouri, Speaker.
  \4\ Second session Sixty-fourth Congress, Record, p. 3405.
  \5\ Thomas R. Marshall, of Indiana, Vice President.
Sec. 3223
  Subsequently, on February 22,\1\ on motion of Mr. Bankhead, two 
additional conferees on the part of the Senate were authorized, and the 
Vice President appointed Mr. Nathan P. Bryan, of Florida, and Mr. John 
W. Weeks, of Massachusetts, as additional managers on the part of the 
Senate.
  3223. The majority of the managers of a conference should represent 
the attitude of the majority of the House on the disagreement in issue.
  Exceptional instance wherein the Speaker passed over the ranking 
member of the committee in the appointment of conferees.
  On June 7, 1929,\2\ on motion of Mr. John Q. Tilson, of Connecticut, 
by unanimous consent, the bill (S. 312) to provide for the fifteenth 
and subsequent decennial censuses and to provide for apportionment of 
Representatives in Congress, was taken from the Speaker's table; the 
amendments of the House were insisted on; and the conference asked by 
the Senate was agreed to.
  Under the usage of the House, the three ranking majority members of 
the Committee on the Census--Mr. E. Hart Fenn, of Connecticut, Mr. 
Clarence J. McLeod, of Michigan, and Mr. Lloyd Thurston, of Iowa--would 
have been appointed with two minority members, as managers on the part 
of the House.
  However, in view of the opposition of Mr. Fenn and Mr. Thurston to 
the bill, the Speaker \3\ appointed as managers on the part of the 
House, Mr. Carl R. Chindblom, of Illinois, a member of the Committee on 
Ways and Means, who had presided as chairman of the Committee of the 
Whole during the consideration of the bill, Mr. Fenn, Mr. Thurston, Mr. 
John E. Rankin, of Mississippi, and Mr. Ralph F. Lozier, of Missouri.
  3224. The resignation of a Member as conferee is properly addressed 
to the Speaker, but is acted on by the House, and being accepted, the 
Speaker appoints a successor.
  On July 8, 1912,\4\ the Speaker \5\ laid before the House the 
following:

                                                June 13, 1912    .
Hon. Champ Clark,
    Speaker of the House, of Representative
  My Dear Mr. Speaker. I hereby resign my position as a member of the 
conference committee on the river and harbor bill.
  Important business will necessitate my being absent from Washington 
for some time, and on this account I think it is best to take the above 
action.
  Yours, very sincerely,
                                                   J. H. Davidson.

  Following the reading of the communication by the clerk, the Speaker 
said:

  Without objection, the resignation will be accepted.

  There being no objection, the Speaker announced:

  The gentleman from Wisconsin, Mr. Davidson, was appointed on this 
conference committee to fill a vacancy caused by the resignation of the 
gentleman from Massachusetts, Mr. Lawrence. Mr. Davidson now resigns, 
and the Chair reappoints Mr. Lawrence, who has returned to the city.
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  \1\ Record, p. 3860.
  \2\ First session Seventy-first Congress, Record, p. 2531.
  \3\ Nicholas Longworth, of Ohio, Speaker.
  \4\ Second session/Sixty-second Congress, Record, p. 8696.
  \5\ Champ Clark, of Missouri, Speaker.
                                                            Sec. 3225
  3225. Conferees failing to report within 20 calendar days after 
appointment may be instructed or discharged, and motions to instruct, 
or to discharge and appoint successors, are of the highest privilege.
  During the last six days of a session motions to instruct or 
discharge are privileged if conferees fail to report within 36 hours 
after appointment.
  Section 1\1/2\a of Rule XXVIII provides:

  After House conferees on any bill or resolution in conference between 
the House and Senate shall have been appointed for twenty calendar days 
and shall have failed to make a report, it is hereby declared to be a 
motion of the highest privilege to move to discharge said House 
conferees and to appoint new conferees, or to instruct said House 
conferees; and further, during the last six days of any session of 
Congress, it shall be a privileged motion to move to discharge, 
appoint, or instruct House conferees after House conferees shall have 
been appointed thirty-six hours without having made a report.

  This rule was adopted December 8, 1931,\1\ largely in response to the 
demand which brought about the formulation of the rule establishing the 
Discharge Calendar. Prior to the adoption of the rule the motion to 
discharge conferees was without privilege;\2\ and the only method of 
effecting the discharge of recalcitrant conferee was through special 
orders reported from the Committee on Rules, a method which apparently 
had not been invoked since 1894.\3\
  3226. On December 16, 1930,\4\ by direction of the Speaker \5\ the 
Clerk read as follows:

                                            December 18, 1930.    
Hon. Nicholas Longworth,
    The Speaker House of Representatives,

                           Washington, D. C.
  My Dear Mr. Speaker: I hereby submit my resignation as one of the 
conferees on the bill (H. R. 8159) to authorize appropriations for 
construction at the United States Military Academy, West Point,, N.Y., 
Fort Lewis, Wash., and Camp Benning, GA.
  Respectfully submitted.
                                               John C. Speaks.    

  Whereupon, the Speaker said:

  Without objection the resignation is accepted, and a Chair will 
appoint to fill the vacancy the gentleman from Michigan, Mr. James, and 
the clerk will inform the Senate of the appointment.

  There was no objection.
  3227. It has long been the practice for a manager of a conference to 
be excused only by authority of the House.
  On February 2, 1920,\6\ conferees on the part of the House on the 
bill (H. R. 9065), the farm loan bill were appointed, including Mr. 
Michael F. Phelan, of Massachusetts.
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  \1\ First session Seventy-second Congress, Record, p. 11, 83.
  \2\ Hind's Precedents, section 5626-5628.
  \3\ Second session Fifty-third Congress, Record, p. 8469.
  \4\ Third session Seventy-first Congress, Record, p. 908.
  \5\ Nicholas Longworth, of Ohio, Speaker.
  \6\ Second session Sixty-sixth Congress, Record, p. 2371.
Sec. 3228
  On February 4,\1\ Mr. Phelan having advised the Speaker that he 
desired to be relieved from service on the committee of conference, the 
Speaker\2\ submitted the request to the House and, there being no 
objection, the request was agreed to.
  Whereupon, the Speaker appointed to the vacancy Mr. Joe H. Eagle, of 
Texas.
  3228. The absence of a manager of a conference causes a vacancy, 
which the Speaker fills by appointment.
  On February 25, 1919,\3\ Mr. James McAndrews, of Illinois, was 
appointed one of he manags on the part of the House on the disagreeing 
votes of the two Houses on the District of Columbia appropriation bill.
  On February 26,\4\ the Speaker \5\ announced.

  The gentleman from Illinois, Mr. McAndrews, one of the conferees on 
the District appropriation bill, has been called to Chicago on 
important business, and the Chair appoints the gentleman from Texas, 
Mr. Buchanan, in his place.

  3229. On June 24, 1926\6\ Mr. Edward J. King, of Illinois, was 
appointed one of managers on the part of the House on the disagreeing 
votes of the two Houses on the bill (H. R. 2) to provide for branch 
banking.
  On January 14, 1927,\7\ the Speaker \8\ made the following 
announcement:

  The Chair desires to make an announcement with reference to the 
conference on House bill 2, the so-called McFaden bill providing for 
branch banking. The Chair's attention has been called to the illness of 
the gentleman from Illinois, Mr. King, one of the conferees, who is 
confined in a hospital. The Chair is informed through Mrs. King that 
his physician states that for some time to come he will be unable to 
transact business, including service on this conference committee, and 
requests the Chair to appoint someone in his place. Under these 
circumstances the Chair appoints to fill Mr. King's place on the 
conference committee during his illness the gentleman from Kansas, Mr. 
Strong.
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  \1\ Record, p. 2482.
  \2\ Frederick H. Gillett, of Massachusetts, Speaker.
  \3\ Third session Sixty-fifth Congress, Record, p. 4261.
  \4\ Record, p. 4335.
  \5\ Champ Clark, of Missouri, Speaker.
  \6\ Second session Sixty-ninth Congress, Record, p. 11927.
  \7\ Record, p. 1671.
  \8\ Nicholas Longworth, of Ohio, Speaker.