[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c03_txt-18]
[Page 208-225]
CHAPTER 3
Party Organization
D. FLOOR LEADERS
Sec. 17. In General
[Note: The following is descriptive of practices in effect in some
Congresses. For discussion of any current modification of the office or
role of floor leader, consult supplements to this edition as they
appear.]
Each party's caucus or conference elects a floor
leader;<SUP>(3)</SUP> the chairman of the caucus or conference
announces the selection of his party's floor leader to the
House.<SUP>(4)</SUP> At times in the past, a third party has organized
in the House and elected a floor leader in a party caucus or
conference.<SUP>(5)</SUP> If a vacancy exists in the post of floor
leader, as where a party's floor leader has been elevated to the
Speakership,<SUP>(6)</SUP> a new floor leader is elected by the caucus
or conference in the usual manner.<SUP>(7)</SUP>
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3. Sec. 17.1, infra. The minority party's candidate for Speaker
normally becomes that party's floor leader. See Riddick, Floyd
M., Congressional Procedure, Chapman and Grimes (Boston, 1941),
p. 34.
Collateral reference: Ripley, Randall B., Party Leaders in
the House of Representatives, The Brookings Institution
(Washington, D.C., 1967), pp. 24-28 (development of office of
Majority Leader); 28-32 (development of office of Minority
Leader); 57, 58, 61-63, 66, 67, 74, 75 (functions of party
floor leaders).
4. Sec. 17.1, infra.
5. See Sec. 17.3, infra.
6. Majority Leaders have frequently succeeded to the Speakership. See
Congressional Quarterly's Guide to the Congress of the United
States, Congressional Quarterly Service (Washington, D.C.,
1971), p. 141.
7. See Sec. 17.2, infra.
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If a floor leader intends to be temporarily absent from the House, he
may designate a person to act for him, and may announce such
designation to the House.<SUP>(8)</SUP>
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8. Sec. 17.4, infra.
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A party's floor leader, in conjunction with other party leaders,
plays an influential role in the formulation of party policy and
programs. He is instrumental in guiding legislation favored by his
party through the House, or in resisting those programs of the other
party that are considered undesirable by his own party. He is
instrumental in devising and implementing his party's strategy on the
floor with respect to promoting or opposing legislation.<SUP>(9)</SUP>
[[Page 209]]
He is kept constantly informed as to the status of legislative business
and as to the sentiment of his party respecting particular legislation
under consideration. Such information is derived in part from the floor
leader's contacts with his party's members serving on House committees,
and with the members of the party's whip organization.<SUP>(10)</SUP>
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9. For general discussion of the functions and duties of the floor
leader, see, in addition to ensuing sections in this chapter, 8
Cannon's Precedents Sec. 3614.
So that the floor leaders may fulfill their floor duties
more easily and be available or visible to members of their
parties, aisle seats at tables on the floor of the House are
reserved for their use except in the Committee of the Whole.
See Cannon's Procedure in the House of Representatives, H. Doc.
No. 122, 86th Cong. 1st Sess. (1959), p. 221.
10. See Sec. 23, infra.
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In his role as party leader, he protects the interests of
individual members of his party whenever possible,<SUP>(11)</SUP> and
exercises leadership with respect to legislative proceedings that
concern the party as a whole. He appoints party members to certain
positions that are of importance in the legislative process; thus, he
appoints the official objectors for the Private and Consent
Calendars<SUP>(12)</SUP> and, in the case of the Democratic floor
leader, appoints the party whip.<SUP>(13)</SUP>
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11. See, for example, Sec. 19.4, infra.
12. See Sec. Sec. 15.1, 15.3, supra, and 20.1, infra.
13. See Sec. 20.3, infra.
On occasion, the House has provided by simple resolution
for appointments to certain positions to be filled by the
Minority Leader, subject to the approval of the Speaker. See 95
Cong. Rec. 640, 641, 81st Cong. 1st Sess., Jan. 24, 1949 (H.
Res. 62, pertaining in part to certain assistant clerkships).
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But the floor leader is more than a partisan leader. He is an
integral, though to some extent, unofficial,<SUP>(14)</SUP> part of the
legislative machinery of the House itself. The floor leader,
particularly the Majority Leader, exercises considerable authority with
respect to legislative scheduling, or the order of
business.<SUP>(15)</SUP> Thus, the floor leader assumes a large measure
of responsibility for the procedural aspects of transacting legislative
business; his knowledge of House procedures is employed to expedite the
consideration of legislative proposals.
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14. See 8 Cannon's Precedents Sec. 3614, particularly Cannon's comment
that, ``The Rules contain no provision relating to the
selection or duties of the party floor leaders. . . .''
15. See Sec. 18, infra.
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In addition to playing a key role in the procedural aspects of
House business, the floor leader may assume responsibilities relating
to resolutions of a more substantive nature, particularly resolutions
that concern the operations of the House itself or the government as a
whole. Thus, a floor leader
[[Page 210]]
might offer resolutions concerning the adoption of rules for the
Congress;<SUP>(16)</SUP> the appointment of a committee to notify the
President of the assembly of Congress;<SUP>(17)</SUP> the authorization
of additional memberships on a committee;<SUP>(18)</SUP> the assignment
of party members to House committees;<SUP>(19)</SUP> the consideration
of action to be taken by the House against a Member charged with
misconduct;<SUP>(20)</SUP> and an increase in the salary of the
President.<SUP>(1)</SUP> Frequently, resolutions introduced in the
House, whether by the floor leader or by others, are the culmination of
agreements reached by the leadership, particularly the floor leaders,
of both parties.<SUP>(2)</SUP>
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16. See Sec. 17.7, infra.
17. Sec. 21.3, infra.
18. Sec. 17.8, infra.
19. See Sec. 19.7, infra. See Sec. 17.12, infra, for discussion of a
resolution electing a committee chairman to certain joint
committees.
20. Sec. 17.11, infra.
1. Sec. 17.13, infra.
2. See, for example, Sec. 17.8, infra.
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The floor leaders may be consulted, or assume some
responsibilities, with respect to the regulation of the use of physical
facilities of the House, or the protection of privileges relating to
such use.<SUP>(3)</SUP> Moreover, the floor leaders may be asked to
serve on commissions concerned with physical improvements to be made at
the Capitol. Thus, in the 91st Congress, the House approved a Senate
bill whereby the membership on the Commission on the Extension of the
Capitol, which originally consisted of the Speaker, the President of
the Senate, the Minority Leaders of the two Houses, and the Architect
of the Capitol, was enlarged to include the Majority Leaders of the
House and the Senate.<SUP>(4)</SUP>
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3. See Sec. Sec. 17.16, 17.17, infra.
4. See 115 Cong. Rec. 26568, 26569, 91st Cong. 1st Sess., Sept. 23,
1969. See also 40 USCA Sec. 166 (note referring to Sec. 101 of
Act of Aug. 5, 1955, Ch. 568, 69 Statutes 515, as amended by
Pub. L. 91-77, Sept. 29, 1969, 83 Statutes 124). The change
noted above was for purposes of ensuring equal representation
of the two parties on the commission.
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One Majority Leader remarked,<SUP>(5)</SUP> with reference to
duties of the office that transcend those of partisan leadership:
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5. 106 Cong. Rec. 19161, 86th Cong. 2d Sess., Sept. 1, 1960. The
remarks were those of Mr. John W. McCormack (Mass.), who later
as Speaker expressed the similar concern of a Speaker for the
rights of all Members of the House (see Sec. 1, supra).
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One of the primary duties of the majority leader . . . I
consider to be that of protecting the rights of the individual
Member, to see that the rights of the individual Member,
particularly
[[Page 211]]
of the minority party, are not trespassed upon.
The Majority Leader frequently acts as Speaker pro
tempore;<SUP>(6)</SUP> the Minority Leader has also served in this
capacity during proceedings of a ceremonial nature.<SUP>(7)</SUP>
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6. Sec. 17.5, infra. See also Ch. 6, infra.
7. See Sec. 21.10, infra.
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It is frequently the province of the floor leader to perform
certain ceremonial duties; to make announcements concerning formal
events; to extend certain courtesies; or to give expression to the
gratitude, good wishes, and the like, of Members of his party or the
House.<SUP>(8)</SUP>
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8. See Sec. 21, infra.
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On occasion, a floor leader has been assigned a position on a
standing committee of the House in the same manner as other members of
his party.<SUP>(9)</SUP> Ordinarily, however, floor leaders are not
assigned to standing committees.
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9. See Sec. 17.18, infra.
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It may be mentioned that, in addition to serving on those
committees or commissions already mentioned above and in ensuing
sections, the Minority Leader is among those who serve on an advisory
committee to the Secretary of the Treasury, who consults with such
committee in determining who are major Presidential or Vice
Presidential candidates entitled to receive secret service
protection.<SUP>(10)</SUP>
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10. Pub. L. No. 90-331, June 6, 1968, 82 Stat. 170, referred to in 18
USC Sec. 3056 and note
thereto. -------------------
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Election of Floor Leader; Announcement
Sec. 17.1 Each party's caucus or conference elects a party floor
leader, and the caucus or conference chairman announces the name of
his party's floor leader to the House.
In the 92d Congress, following the administration of the oath of
office to the Members of the House, the announcements respecting the
election of party floor leaders were made as follows:<SUP>(11)</SUP>
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11. 117 Cong. Rec. 13, 92d Cong. 1st Sess., Jan. 21, 1971. For examples
of similar proceedings, see 115 Cong. Rec. 34, 91st Cong. 1st
Sess., Jan. 3, 1969; and 113 Cong. Rec. 27, 90th Cong. 1st
Sess., Jan. 10, 1967.
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Mr. [Olin E.] Teague of Texas: Mr. Speaker, as chairman of the
Democratic caucus, I have been directed to report to the House that
the Democratic Members have selected unanimously as majority leader
the gentleman from Louisiana, the Honorable Hale Boggs.
Mr. [John B.] Anderson of Illinois: Mr. Speaker, as chairman of
the Republican conference, I am directed by
[[Page 212]]
that conference to officially notify the House that the gentleman
from Michigan, the Honorable Gerald R. Ford, has been unanimously
selected as the minority leader of the House.
Election to Fill Unexpected Vacancy
Sec. 17.2 When a vacancy exists in the office of floor leader, as by
reason of the floor leader's elevation to the Speakership, the
election of a new floor leader and the announcement respecting such
election take place in the usual manner.
Parliamentarian's Note: When the second session of the 87th
Congress met on Jan. 10, 1962, a vacancy existed in the Speakership due
to the death of Speaker Sam Rayburn, of Texas, on Nov. 16, 1961. The
Chairman of the Democratic Caucus, Francis E. Walter, of Pennsylvania,
called a meeting of the caucus for Jan. 9 for the purpose of selecting
a candidate for Speaker. No other business was scheduled for this
meeting. Before the 9th, however, it became apparent that Mr. John W.
McCormack, of Massachusetts, would be unopposed in the caucus as the
candidate for Speaker. His selection would create a vacancy in the
office of the Majority Leader, a position held by Mr. McCormack during
the first session. During the caucus, Mr. Richard Bolling, of Missouri,
who had withdrawn as a candidate for Majority Leader before the caucus,
asked unanimous consent that the caucus proceed to the selection of a
new Majority Leader to serve when Mr. McCormack was elevated to the
Speakership. There being no objection to this request, the caucus then
chose Mr. Carl Albert, of Oklahoma, as Majority Leader. The
announcement of such selection was made in the House as
follows:<SUP>(12)</SUP>
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12. 108 Cong. Rec. 7, 87th Cong. 2d Sess., Jan. 10, 1962.
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Mr. Walter: Mr. Speaker, as chairman of the Democratic caucus I
am directed to report to the House that the Democratic Members have
selected as majority leader the gentleman from Oklahoma, the
Honorable Carl Albert.
Election of Floor Leader by Third Party
Sec. 17.3 On occasion, a third party in the House has organized as a
caucus or conference and elected a floor leader, whose name has
been announced to the House in the usual manner.
The following announcement was made in the 75th
Congress:<SUP>(13)</SUP>
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13. 81 Cong. Rec. 15, 75th Cong. 1st Sess., Jan. 5, 1937.
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[[Page 213]]
Mr. [Gardner R.] Withrow [of Wisconsin]: Mr. Speaker, I
announce to the House that the Farmer-Labor-Progressive Party's
conference by unanimous consent selected Hon. Gerald J. Boileau, of
Wisconsin, as floor leader for the Seventy-fifth Congress.
[Applause.]
Announcement as to Acting Majority Leader
Sec. 17.4 On occasion, a Majority Leader expecting to be absent has
announced in the House the name of one to serve as acting Majority
Leader.
In the 77th Congress, the Majority Leader announced as
follows:<SUP>(14)</SUP>
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14. 88 Cong. Rec. 6668, 77th Cong. 2d Sess., July 27, 1942.
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Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I
desire to announce that during my absence the gentleman from
Missouri [Mr. John J. Cochran] will act as majority leader.
Selection of Floor Leader as Speaker Pro Tempore
Sec. 17.5 Frequently, the Majority Leader is designated or elected
Speaker pro tempore.
The following excerpt from the Record of the 91st
Congress<SUP>(15)</SUP> exemplifies the manner in which the Majority
Leader or others have assumed the chair when designated Speaker pro
tempore. The proceedings, which took place immediately before the
offering of the prayer, and after the Majority Leader called the House
to order, were as follows:
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15. 115 Cong. Rec. 1075, 91st Cong. 1st Sess., Jan. 16, 1969.
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The Speaker pro tempore laid before the House the following
communication from the Speaker:
January 16, 1969.
I hereby designate the Honorable Carl Albert to act as
Speaker pro tempore today.
John W. McCormack,
Speaker of the House
of Representatives.
Similar proceedings occur regularly.<SUP>(16)</SUP>
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16. See, for example, 114 Cong. Rec. 3908, 90th Cong. 2d Sess., Feb.
22, 1968; and 113 Cong. Rec. 28948, 90th Cong. 1st Sess., Oct.
16, 1967. See also Ch. 6, infra.
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In the 89th Congress, Majority Leader Carl Albert, of Oklahoma,
Speaker pro tempore by designation, left the chair pending the offering
of a resolution electing him as Speaker pro tempore during the absence
of Speaker John W. McCormack, of Massachusetts. The proceedings and the
resolution, which was offered by the Chairman of the Democratic Caucus,
were as follows:<SUP>(17)</SUP>
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17. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess., Jan. 10, 1966.
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The Speaker pro tempore (Mr. Albert) laid before the House the
following communication:
[[Page 214]]
. . . I hereby designate the Honorable Carl Albert to act as
Speaker pro tempore today.
John W. McCormack,
Speaker of the House
of Representatives.
Following the prayer, certain other business, and the call of the
House, the proceedings were as follows:
The Speaker Pro Tempore: The Chair requests the gentleman from
Louisiana [Mr. Boggs] to assume the chair.
Mr. [Hale] Boggs assumed the chair as Speaker pro tempore.
The Speaker Pro Tempore (Mr. Boggs): The Chair recognizes the
gentleman from New York [Mr. Keogh].
Mr. [Eugene J.] Keogh: Mr. Speaker, on account of the
unavoidable absence of the Speaker due to the death of his beloved
brother, and at his request, I offer a resolution and ask for its
immediate consideration.
The Clerk read the resolution as follows:
H. Res. 627
Resolved, That Hon. Carl Albert, a Representative from the
State of Oklahoma, be, and he is hereby, elected Speaker pro
tempore during the absence of the Speaker.
Resolved, That the President of the Senate be notified by
the Clerk of the election of the Honorable Carl Albert as
Speaker pro tempore during the absence of the Speaker.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Mr. Albert assumed the chair as Speaker pro tempore and Mr.
Celler administered the oath of office.
Parliamentarian's Note: Speaker John W. McCormack whose brother
died on Jan. 7, was not in Washington for the convening of the second
session of the 89th Congress. Since the duration of the Speaker's
absence was uncertain, and since there were new Members present to be
sworn as well as business requiring signature, the election of a
Speaker pro tempore was considered essential.
Similar proceedings had taken place in the 88th
Congress.<SUP>(18)</SUP>
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18. See 109 Cong. Rec. 22015, 88th Cong. 1st Sess., Nov. 18, 1963.
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Responsibilities as to Recommittal Motion
Sec. 17.6 A floor leader on occasion has assumed certain
responsibilities for the form, content, and introduction of a
recommittal motion, although in favor of the bill that was to be
the subject of such motion.
In the 91st Congress, during a debate on the deployment of an anti-
ballistic missile system, considerable discussion centered on a
prospective motion to recommit the bill containing provisions relating
to the system. In the course of that discussion, some of which appears
below, Minority Leader Gerald R. Ford, of Michigan, made
[[Page 215]]
certain comments relating to his responsibilities with respect to the
motion to recommit, and with respect to the manner in which the issues
surrounding the anti-ballistic missile system should be presented to
the House. The proceedings in part were as follows:<SUP>(19)</SUP>
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19. 115 Cong. Rec. 28451-28453, 91st Cong. 1st Sess., Oct. 3, 1969.
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Mr. [Jonathan B.] Bingham [of New York]: . . . Turning to the
motion to recommit which I understand will be offered, to strike
not only the funds for deployment of ABM but also the funds for
continuing research and development, I consider the decision of the
minority leader that this should be the form of the motion an
outrageous example of the use of arbitrary power. The position
stated in the motion to recommit is not a position that has been
advocated by any Member of the House during the course of debate.
To word the motion to recommit in this way represents a crude
effort to reduce the number of votes on record against the
Safeguard system.
. . . Should the ``previous question'' fail to pass, I would
welcome the chance to vote for the 10-percent across-the-board cut
in this authorization several Members hope to offer as an
alternative recommittal motion. . . .
Mr. [Silvio O.] Conte [of Massachusetts]: . . . The issue . . .
is whether to deploy the ABM. This specific question was defeated
by a very close vote of 50 to 50 in the Senate. And it is that
specific question to which we must now direct our attention.
Since that is the real issue . . . we must have it presented .
. . in a clear and precise way. . . .
For this reason, the motion to recommit should contain
instructions to merely stop the deployment of the ABM. It should
not . . . contain instructions to stop research and development on
the ABM because this is not the question and because this would
give a highly inaccurate and unfair picture of what we in this body
sincerely feel.
. . . I also understand that the gentleman who will offer the
motion on the ABM, the gentleman from Wisconsin (Mr. O'Konski),
which motion will cover both research and development and
deployment of the system, voted for the bill by proxy. In other
words, he voted for the ABM' but he is now introducing a motion
against the ABM. . . .
Now the only one present on the minority side, the gentleman
from Ohio (Mr. Whalen), voted against the bill in committee.
Therefore, and this seems clear to me, he should be the one
offering the motion with his instructions attached to it. . . .
The only way the motion to recommit can be amended is when the
previous question is ordered, defeat it. . . . This defeat will
then open up the motion to recommit to amendment. I would hope that
in these new amendments, after the previous question is out of the
picture, we could face deployment of the ABM squarely for all the
people to see. . . .
Mr. Gerald R. Ford: . . . Mr. Chairman, at a later time I had
planned to announce what the motion to recommit would be . . .
[but] I believe it is appropriate. I do it now.
[[Page 216]]
First let me say the motion to recommit will be to strike all
of the ABM authorizations, $746.4 million. It will not be the
amendment offered by the gentleman from California (Mr. Charles H.
Wilson) which was defeated yesterday by a vote of 219 to 105.
Let me speak, if I may, to the gentleman from Ohio. About last
Tuesday, I went over to the gentleman from Ohio and said we wanted
to vote on the ABM on the motion to recommit. I offered to him the
motion to recommit on the ABM. I said he had 24 hours to discuss
it, to think about it, but I would appreciate within 24 hours his
answer. The next day the gentleman from Ohio came back and said
that he did not want the motion to recommit on those terms, he
wanted to offer a motion to cut dollars out of the authorization
bill.
Am I correct or incorrect?
Mr. [Charles W.] Whalen [Jr., of Ohio]: The gentleman is
exactly correct. I would hasten to add one other comment he made.
The gentleman indicated to me . . . [that] if I did not offer this
recommittal motion he would get someone who would.
Mr. Gerald R. Ford: That is perfectly true. That is my
responsibility, and I intend to carry it out, and we are going to
carry it out this way, subject, of course, to the will of the
House.
Now, may I proceed.
The defeat yesterday by a vote of 219 to 105 I believe laid to
rest the denial of the deployment of the ABM. A rollcall on that
issue in motion to recommit at this time would be totally
repetitious. Therefore, I believe the time has come that we
actually have a vote on the basic issue, which is whether or not we
are going to have an ABM system.
We have been appropriating for research, development, test, and
engineering for some 15 to 16 years, and now the time has come to
lay the matter to rest, to fish or cut bait.
So far as I am concerned, the vote today will be on that basis.
Under the parliamentary situation, of course, Members can try
to get a vote on the previous question, open it up, and then we
will see what happens, but from my point of view a 1-year delay in
the authorization will bring about dire results the committee
points out. . . .
Let me say right here and now that the time has come where the
issue ought to be settled fundamentally. I believe I exercised good
sense and good judgment in offering to the gentleman from Ohio (Mr.
Whalen) an opportunity. He did not accept it. We have made other
plans, and I hope that the House as a whole backs up this decision
to make the basic decision one way or the other on the ABM.
Later in the proceedings, the following motion to recommit was
offered by Mr. Alvin E. O'Konski, of Wisconsin:<SUP>(20)</SUP>
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20. 115 Cong. Rec. 28487, 91st Cong. 1st Sess., Oct. 3, 1969.
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Mr. O'Konski moves to recommit the bill H.R. 14000 to the
Committee on Armed Services with instructions to report it back
forthwith with the following amendments:
On page 2, line 6, delete the figure ``$780,460,000'' and
substitute ``$434,960,000''; . . .
[[Page 217]]
A point of order was made, based on the principle that a Member
opposed to the bill as a whole is entitled to prior recognition, for
purposes of offering a motion to recommit, over a Member opposed to a
portion of the bill; it was contended that Mr. O'Konski, as one opposed
to the bill ``only in its present form,'' should yield to one who voted
against the entire bill. The point of order was
overruled,<SUP>(1)</SUP> however, and, after the previous question was
ordered, the motion to recommit was rejected.<SUP>(2)</SUP>
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1. Id.
2. 115 Cong. Rec. 28488, 91st Cong. 1st Sess., Oct. 3, 1969.
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Resolutions as to Adoption of Rules
Sec. 17.7 On occasion, the Majority Leader has offered the resolution
calling for adoption of House rules.
Although the resolution pertaining to adoption of the rules at the
beginning of a Congress is usually offered by the former Chairman of
the Committee on Rules for that Congress,<SUP>(3)</SUP> the resolution
on occasion has been offered by the Majority Leader. Thus, in the 88th
Congress,<SUP>(4)</SUP> Majority Leader Carl Albert, of Oklahoma,
offered a resolution calling for adoption of the rules of the 87th
Congress, together with applicable provisions of the Legislative
Reorganization Act of 1946, as amended, and with an amendment calling
for an increase in the membership of the Committee on Rules.
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3. See Ch. 1, supra.
4. 109 Cong. Rec. 14, 88th Cong. 1st Sess., Jan. 9, 1963.
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In the 89th Congress,<SUP>(5)</SUP> the Majority Leader also
offered the resolution relating to adoption of rules. The resolution
again called for a controversial amendment affecting the Committee on
Rules, in this instance the incorporation of the ``21-day
rule.''<SUP>(6)</SUP> It is worth noting that the Majority Leader, in
offering and participating in debate on the resolution, was acting
under instructions of the Democratic Caucus, as the Majority Leader
indicated in the following exchange:<SUP>(7)</SUP>
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5. 111 Cong. Rec. 21, 89th Cong. 1st Sess., Jan. 4, 1965.
6. See 111 Cong. Rec. 21, 89th Cong. 1st Sess., Jan. 4, 1965.
7. 111 Cong. Rec. 23, 89th Cong. 1st Sess., Jan. 4, 1965.
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Mr. [Clarence J.] Brown of Ohio: . . . Will the gentleman yield
for me to offer a perfecting amendment? . . .
Mr. [Carl] Albert [of Oklahoma]: May I say to the gentleman
that this resolution is being offered under instructions of the
Democratic caucus. I am the agent of the caucus for that
[[Page 218]]
purpose. I have no authority to yield for amendment or to yield for
any purpose in order to allow the bill to be divided.
In the 90th Congress,<SUP>(8)</SUP> Majority Leader Albert offered
a resolution calling for adoption of House rules, including the 21-day
rule which had been adopted in the 89th Congress. Following discussion
of the 21-day rule and other matters, a motion to order the previous
question with respect to the resolution was rejected.<SUP>(9)</SUP> An
amendment repealing the 21-day rule was then adopted.<SUP>(10)</SUP>
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8. 113 Cong. Rec. 28, 90th Cong. 1st Sess., Jan. 10, 1967.
9. 113 Cong. Rec. 31, 90th Cong. 1st Sess., Jan. 10, 1967.
10. 113 Cong. Rec. 33, 90th Cong. 1st Sess., Jan. 10, 1967.
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Resolutions as to Size of Committees
Sec. 17.8 A resolution increasing the size of the Committee on
Government Operations was offered by the Majority Leader, the
minority party leadership having been consulted with respect to
issues relating to the resolution.
In the 89th Congress, Majority Leader Carl Albert, of Oklahoma,
offered a resolution increasing the size of the Committee on Government
Operations. As indicated in the remarks of Mr. Albert, the minority
party leadership had been consulted with respect to issues relating to
the resolution. The resolution offered by Mr. Albert was as
follows:<SUP>(11)</SUP>
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11. 111 Cong. Rec. 660, 89th Cong. 1st Sess., Jan. 14, 1965.
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H. Res. 114
Resolved, That during the Eighty-ninth Congress, the Committee
on Government Operations shall be Composed of thirty-four members.
After the resolution was read, Gerald R. Ford, of Michigan, the
Minority Leader, asked that the Majority Leader indicate the
distribution of the additional members of the Committee. Mr. Albert's
reply was as follows:<SUP>(12)</SUP>
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12. 111 Cong. Rec. 661, 89th Cong. 1st Sess., Jan. 14, 1965.
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This is an addition of three memberships to the Committee on
Government Operations two of which will be assigned to the majority
and one of which will be assigned to the minority.
This is a matter which has been worked out, as a few other
matters have been, between the leadership on both sides for the
convenience of the House.
Sec. 17.9 The Majority Leader offered a resolution stating the size of
certain standing committees.
On Jan. 16, 1967,<SUP>(13)</SUP> Majority Leader Carl Albert, of
Oklahoma,
[[Page 219]]
offered the following resolution (H. Res. 128):
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13. 113 Cong. Rec. 445, 90th Cong. 1st Sess.
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Resolved, That during the Ninetieth Congress the Committee on
Agriculture shall be composed of thirty-five members;
The Committee on Appropriations shall be composed of fifty-one
members . . .
Resolutions as to Minority Employees
Sec. 17.10 The floor leader has offered resolutions relating to the
positions of certain minority employees in the House.
On Jan. 27, 1949,<SUP>(14)</SUP> the Majority Leader, John W.
McCormack, of Massachusetts, offered a resolution having reference to
the appointment of certain minority employees of the House. The
proceedings, including Mr. McCormack's remarks in explanation of the
purposes of the resolution, were as follows:
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14. 95 Cong. Rec. 640, 641, 81st Cong. 1st Sess.
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Mr. McCormack: Mr. Speaker, I offer resolution (H. Res. 62)
and ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved,
Sec. 2. That effective January 4, 1949, the compensation of
the Deputy Sergeant at Arms in Charge of Pairs, Office of the
Sergeant at Arms, and the compensation of the special employee,
Office of the Doorkeeper, shall be at the basic rate of $4,000
per annum, respectively. . . .
Sec. 4. There shall be paid out of the contingent fund of
the House, until otherwise provided by law, compensation at the
basic rate of $5,000 per annum for the services of an assistant
Journal clerk; compensation at the basic rate of $5,000 per
annum for the services of an assistant tally clerk;
compensation at the basic rate of $3,900 per annum for the
services of an assistant enrolling clerk; compensation at the
basic rate of $3,000 per annum for the services of an assistant
bill clerk; all of whom shall be designated by the minority
leader subject to the approval of the Speaker. . . .
Mr. McCormack. Mr. Speaker, it has long been recognized by the
leadership of the House that it was desirous to have a corps of
trained personnel to function in the various key positions under
the service of the House. In order to accomplish that, the
resolution creates four assistant clerkships which shall be taken
out of patronage and filled by competent men who have proved their
worth. . . .
If this resolution is not adopted at this time the men who held
the jobs as head of these various departments will leave the
service of the House and their experience and efficiency will be
lost. It is desirable that they not only assist in training the top
men of the various departments who will shortly be appointed but
will aid appreciably in ameliorating the work of these departments.
It was contemplated in the Legislative Reorganization Act that
career employees should be provided for in the staffing of
committees but nothing
[[Page 220]]
tangible was done concerning the employees of the House directly.
This resolution will take care of that need by providing a career
service for the employees who have proved their worth.
In the unhappy event that the present majority of the House
should become the minority in the Eighty-second Congress then the
top men in the departments in this Congress would be designated by
the next minority leader to fill the clerkships that this
resolution provides, so that in the future there will always be
majority and minority employees who are experienced and
trustworthy.
On June 17, 1969,<SUP>(15)</SUP> Minority Leader Gerald R. Ford, of
Michigan, offered a resolution relating to the positions of certain
minority employees in the House of Representatives. The resolution
provided that certain designated employees be given the titles of
``Floor Assistant to the Minority,'' ``Pair Clerk to the Minority,''
and ``Staff Director to the Minority,'' and contained further
provisions relating to compensation of such employees.
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15. 115 Cong. Rec. 16196, 91st Cong. 1st Sess.
For general discussion of employees of the House, see Ch.
6, infra.
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Right of Member-elect to be Sworn
Sec. 17.11 In the 90th Congress, the Minority Leader offered, as a
substitute for a resolution previously introduced, an amendment
deferring administration of the oath to a Member-elect and
providing that a select committee consider the right of such
Member-elect to be sworn.
In the 90th Congress, objection was made to the administration of
the oath to Adam Clayton Powell, Jr., of New York, and a resolution was
thereafter offered directing the Speaker<SUP>(16)</SUP> to administer
the oath to Mr. Powell, but referring the question of Mr. Powell's
final right to be sworn to a select committee.<SUP>(17)</SUP>
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16. John W. McCormack (Mass.).
17. 113 Cong. Rec. 14, 15, 90th Cong. 1st Sess., Jan. 10, 1967. For
general discussion of the rights of the House with respect to
determining the qualifications of its Members, see Chs. 7, 12,
infra.
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Following some debate, the Member who had offered the resolution
moved the previous question, and the motion was rejected. Immediately
thereafter,<SUP>(18)</SUP> the Minority Leader offered a substitute
amendment deferring the administration of the oath to Mr. Powell until
the House had considered a report from a special committee on Mr.
Powell's rights. The substitute amendment was agreed to, and the
resolution then adopted.<SUP>(19)</SUP>
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18. 113 Cong. Rec. 24, 90th Cong. 1st Sess., Jan. 10, 1967.
19. 113 Cong. Rec. 26, 27, 90th Cong. 1st Sess., Jan. 10, 1967.
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[[Page 221]]
Resolutions as to Election of Member to Joint Committee
Sec. 17.12 The Majority Leader offered a resolution electing a Member
to joint committees.
In the 90th Congress, Majority Leader Carl Albert, of Oklahoma,
offered a resolution electing the Chairman of the Committee on House
Administration to certain joint committees, as follows:<SUP>(20)</SUP>
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20. 114 Cong. Rec. 24368, 90th Cong. 2d Sess., July 31, 1968.
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H. Res. 1278
Resolved, That the gentleman from Maryland, Mr. Friedel be, and
he is hereby elected a member of the Joint Committee on Printing,
and a member of the Joint Committee of Congress on the Library.
The resolution was agreed to.
Resolutions Acting Salaries
Sec. 17.13 In the 91st Congress, the Majority Leader moved to suspend
the rules and pass a bill increasing the President's salary; the
resolution was jointly offered by the Majority and Minority Leader
and others.
On Jan. 6, 1969, Majority Leader Carl Albert, of Oklahoma, moved to
suspend the rules and pass a bill increasing the compensation of the
President. The proceedings were as follows:<SUP>(1)</SUP>
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1. 115 Cong. Rec. 172, 91st Cong. 1st Sess.
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Mr. Albert: Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 10) to increase the per annum rate of compensation
for the President of the United States.
The Clerk read as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That
section 102 of title 3, United States Code, is amended by
striking out ``$100,000'' and inserting in lieu thereof
``$200,000''.
Sec. 2. The amendment made by this Act shall take effect at
noon on January 20, 1969.
The Speaker:<SUP>(2)</SUP> Is a second demanded
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2. John W. McCormack (Mass.).
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Mr. [H.R.] Gross [of Iowa]: Mr. Speaker, I demand a second.
The Speaker: Without objection, a second will be considered as
ordered.
There was no objection. . . .
Mr. Albert: . . . Mr. Speaker, as Members all know, this is the
first suspension bill of the 91st Congress. Normally, the Speaker
would not recognize Members to call up bills under suspension of
the rules this early in the term and without committee
consideration. The only reason that this method has been used on
this occasion is that it presents to the House the opportunity to
consider this legislation before the new President takes office.
Members know that under article II, section 1, clause 7, of the
Constitution the salary of the President of the United States
cannot be increased during his term of office. Therefore, if the
matter is to be handled at all, it must be passed by both Houses of
the Congress and signed by the President before noon on
[[Page 222]]
January 20. Members further know, Mr. Speaker, that committee
assignments have not been made and will not be made in time for
normal hearings and proceedings to be had in order to consider this
bill by the deadline.
In view of these circumstances, the distinguished minority
leader and the distinguished Chairman and ranking member of the
Committee on Post Office and Civil Service and myself have jointly
offered this resolution for the consideration of the Members of the
House. . . .
In the ensuing debate, the following remarks were made by the Minority
Leader:<SUP>(3)</SUP>
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3. 115 Cong. Rec. 174, 91st Cong. 1st Sess., Jan. 6, 1969.
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Mr. Gerald R. Ford [of Michigan]: . . . I compliment [the
Majority Leader] for taking the initiative in advocating this
legislation for a President not of his own party. . . .
After some debate, the question was taken, and, two-thirds having voted
in favor thereof, the rules were suspended and the bill was
passed.<SUP>(4)</SUP>
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4. 115 Cong. Rec. 176, 91st Cong. 1st Sess., Jan. 6, 1969.
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Sec. 17.14 The Majority Leader offered a resolution relating to the
appointment and salaries of certain House employees.<SUP>(5)</SUP>
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5. See Sec. 17.10, supra, for discussion of the resolution.
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Responsibilities Relating to Capitol Facilities
Sec. 17.15 The Majority and Minority Leaders of the House were included
in the membership of the Commission on the Extension of the
Capitol.
The membership on the Commission on the Extension of the Capitol,
which originally consisted of the Speaker, the President of the Senate,
the Minority Leaders of the two Houses, and the Architect of the
Capitol, was enlarged in the 91st Congress to include the Majority
Leaders of the House and Senate.<SUP>(6)</SUP>
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6. 115 Cong. Rec. 26568, 26569, 91st Cong. 1st Sess., Sept. 23, 1969.
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Sec. 17.16 On certain occasions, the Speaker has consulted with the
floor leaders of both parties with respect to the regulation of
floor privileges.
In the 87th Congress, the Speaker made an
announcement<SUP>(7)</SUP> concerning floor privileges and related
matters, which he indicated to have been the subject of
[[Page 223]]
consultation between the Speaker and the floor leaders.
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7. 107 Cong. Rec. 1340, 87th Cong. 1st Sess., Jan. 26, 1961 (Speaker
Sam Rayburn [Tex.]). The announcement related to a joint
session to hear an address by the President.
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Sec. 17.17 Regulations governing the use of the House office buildings,
the House garages, and the Capitol power plant were inserted in the
Record by the Majority Leader.
On Sept. 15, 1965, the Majority Leader asked that there be printed
in the Record and the Journal certain regulations adopted by the House
Office Building Commission governing the House office buildings and
garages and the Capitol power plant.<SUP>(8)</SUP>
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8. 111 Cong. Rec. 23926, 23927, 89th Cong. 1st Sess.
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Election of Floor Leader to Standing Committee
Sec. 17.18 On occasion, a floor leader has been elected to a standing
committee of the House.
In the 87th Congress, immediately after the House adopted a
resolution increasing the membership of the Committee on Science and
Astronautics, a resolution was offered electing the Majority Leader,
John W. McCormack, of Massachusetts, to the committee. The proceedings
were as follows:<SUP>(9)</SUP>
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9. 107 Cong. Rec. 7965, 87th Cong. 1st Sess., May 15, 1961.
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Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Speaker, I offer a
privileged resolution and ask for its immediate consideration.
The Clerk read the resolution as follows:
H. Res. 290
Resolved, That the following-named Members be, and they are
hereby, elected members of the following standing committees of
the House of Representatives:
Committee on Science and Astronautics: John W. McCormack,
Massachusetts. . . .
In the 90th Congress, the Majority Leader, Carl Albert, of
Oklahoma, resigned his position on the Committee on Science and
Astronautics<SUP>(10)</SUP> and was elected to fill a vacancy on the
Committee on Education and Labor.<SUP>(11)</SUP>
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10. Mr. Albert had been named to this committee in the resolution
electing Democratic Members to standing committees (113 Cong.
Rec. 1086, 90th Cong. 1st Sess., Jan. 23, 1967).
11. See 113 Cong. Rec. 6901, 6902, 90th Cong. 1st Sess., Mar. 16, 1967.
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Parliamentarian's Note: Although the ratio on the Committee on
Education and Labor had been fixed at nineteen to fourteen, only
eighteen Democrats had been elected to membership thereon. The
existence of the vacancy effectively changed the ratio on the committee
and on all subcommittees established under the full committee. The
election of the
[[Page 224]]
Majority Leader reinforced the Democratic advantage on the full
committee and relieved the pressure from the minority for a larger
proportion of minority Members on the subcommittees. His election also
removed the impression that the vacancy had been left to exist pending
disposition of the controversy over whether the former chairman of the
committee, Adam Clayton Powell, Jr., of New York, was to be seated in
the House.
Generally, floor leaders are not appointed to and do not serve on
standing committees.<SUP>(12)</SUP>
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12. In the 87th Congress, Mr. Carl Albert (Okla.) resigned from the
Committee on Agriculture after his selection as Majority
Leader. 108 Cong. Rec. 470, 87th Cong. 2d Sess., Jan. 18, 1962.
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Service of Summons on Floor Leader
Sec. 17.19 The floor leaders, having been summoned to appear in Federal
Court, submitted the matter of such summons for the consideration
of the House.
On July 8, 1965, the following proceedings took
place:<SUP>(13)</SUP>
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13. 111 Cong. Rec. 15978, 89th Cong. 1st Sess.
For a discussion of privileges of the House generally, see
Ch. 11, infra.
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Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I rise to a
question of the privilege of the House.
The Speaker:<SUP>(14)</SUP> The gentleman will state the
question of privilege.
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14. John W. McCormack (Mass.).
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Mr. Albert: Mr. Speaker, in my official capacity as a
Representative and as majority leader of this House, I have been
served with a summons issued by the U.S. District Court for the
District of Columbia to appear in connection with the case of the
All-American Protectorate, Inc. against Lyndon B. Johnson, and
others.
Under the precedents of the House, I am unable to comply with
this summons without the consent of the House, the privileges of
the House being involved. I therefore submit the matter for the
consideration of this body.
I send to the desk the summons.
The Speaker: The Clerk will read the subpena. . . .
Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, I rise for the
same purpose as the distinguished majority leader and I would like
to read a statement.
Mr. Speaker, in my official capacity as a Representative and as
minority leader of this House, I have been served with a summons
issued by the U.S. District Court for the District of Columbia to
appear in connection with the case of the All-American
Protectorate, Incorporated, against Lyndon B. Johnson et al.
Under the precedents of the House, I am unable to comply with
this summons without the consent of the House, the privileges of
the House
[[Page 225]]
being involved. I therefore submit the matter for the consideration
of this body.
Parliamentarian's Note: In the 90th Congress, the Majority and
Minority Leaders, and others, were summoned in a civil action brought
by Adam Clayton Powell, Jr., of New York, who was contesting his
exclusion from the House. The Speaker<SUP>(15)</SUP> submitted the
matter to the House on behalf of all those served with summonses. The
majority whip offered a resolution authorizing the Speaker to appoint
counsel to represent the Members;<SUP>(6)</SUP> the resolution was
agreed to.<SUP>(17)</SUP>
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15. John W. McCormack (Mass.).
16. 113 Cong. Rec. 6040, 6041, 90th Cong. 1st Sess., Mar. 9, 1967.
17. 113 Cong. Rec. 6049, 90th Cong 1st Sess., Mar. 9, 1967.
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