<DOC>
[Hinds Precedents -- Volume V]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:hinds_cxlviii.wais]

 
                            Chapter CXLVIII.

                             MISCELLANEOUS.

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   1. Sunday in relation to legislation. Sections 7245-7246.\1\
   2. Old practice as to secret sessions. Sections 7247-7255.\2\
   3. Papers in the files of the House. Sections 7256-7267.
   4. The libraries. Sections 7268, 7269.
   5. The Hall of the House. Sections 7270-7282.
   6. Privilege of the floor of the House. Sections 7283-7295.
   7. Persons not Members not permitted to address the House. 
     Sections 7296-7301.\3\
   8. The galleries. Sections 7302, 7303.\4\
   9. The press gallery. Sections 7304-7311.
   10. Care of the Capitol. Sections 7312-7313.
   11. The Congressional Cemetery. Section 7314.
   12. Rules and laws relating to printing and documents. Sections 
     7315-7330.
   13. Thanks of the House and Congress. Sections 7331-7335.
   14. General matters. Sections 7336-7345.

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  7245. In the ordinary practice of the House Sunday is regarded as a 
dies non.--On February 25, 1907,\5\ Mr. Joseph W. Babcock, of 
Wisconsin, moved to suspend the rules and pass the bill (S. 6147) 
entitled ``An act authorizing changes in certain street railway tracks 
within the District of Columbia, and for other purposes.''
  Mr. Oscar W. Underwood, of Alabama, made the point of order that 
suspension of the rules was not in order, because this day was not one 
of the last six days of the session, since the Constitution of the 
United States did not recognize Sunday as a dies non in its relation to 
the work of the House.
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  \1\ See also sections 6728-6733 of this volume.
  Sunday in relation to the time of serving the notice of contest in an 
election case. (Sec. 685 of Vol. I.)
  Not taken into account in adjournment for more than one day. (Sec. 
6673 of this volume.)
  \2\ Each House has the right to hold secret sessions. (Sec. 1640 of 
Vol. II.)
  Secret sessions of the Senate during an impeachment trial. (Sees. 
2075, 2095, 2096 of Vol. III.)
  \3\ Counsel heard before House in an early election case (sec. 765 of 
Vol. I), although House in another case declined to permit (sec. 757 of 
Vol. II).
  As to permission for counsel to be heard when persons are arraigned 
for contempt. (Sees. 1601 of Vol. II, and 1666, 1696 of Vol. III.)
  Instance wherein a candidate for a Senate office addressed the 
Senate. (Sec. 296 of Vol. I.)
  \4\ The galleries closed during the election of President in 1825. 
(Sec. 1994 of Vol. III.)
  \5\ Second session Fifty-ninth Congress, Record, p. 3923.
Sec. 7246
  The Speaker \1\ ruled:

  Sunday is not taken into account in an adjournment for more than one 
and less than three legislative days. There are many precedents of this 
kind. Sunday has always been recognized, in the absence of specific 
action by the House, as a dies non. * * * The Chair calls the attention 
of the gentleman to the fact that a Sunday's session is never held 
except by special order of the House. Adjournment on Saturday always 
carries until Monday; and when we adjourn three days at a time, under 
the constitutional provision, as we may, Sunday is never counted as one 
of the three days. The line of precedents is substantially practically 
unbroken that Sunday is considered as a dies Don. The Chair has no 
hesitancy, under the rule and the practice of the House, in overruling 
the point of order.

  7246. Sunday may be a legislative day.
  Although a special order may set apart a day for a special purpose, 
yet the House may transact other business by unanimous consent.
  On February 9, 1903,\2\ a Monday, the Journal of Sunday, February 8, 
was read, and the question was put on its approval.
  Thereupon Mr. James D. Richardson, of Tennessee, raised the question 
of order that the House had met on Sunday for the specially ordered 
purpose of eulogies on the lives and services of certain deceased 
Members, and therefore that the House on the Sunday might not, even by 
unanimous consent, transact other business. He furthermore insisted 
that Sunday was a dies non, and not a legislative day. Therefore he 
objected that a conference report, which had been presented on Sunday 
for insertion in the Record under the rule requiring such reports to be 
printed before being presented for action in the House, had been 
included in the proceedings improperly.
  The Speaker \3\ said:

  It has been held more than once that Sunday may be made a legislative 
day. There is no question on that point. It is a legislative day, if so 
made by the House. Sunday was set apart for eulogies. There was no 
legislation transacted yesterday. The filing of this report under the 
rule was not legislation, but the House, by unanimous consent, 
permitted that to be done. This House is the omnipotent party in this 
Hall, subject only to the Constitution. It unanimously consented that 
this might be done. If the House had said, ever so emphatically, that 
nothing else should be done on Sunday but the pronouncing of eulogies, 
still it would be within the power of the House to change its mind, and 
it did change its mind and allowed the notations to be made under the 
rule. No one is hurt by this. The rule distinctly requires every report 
to be printed in order that due notice may be given to the House. The 
report was printed this morning. The House has had notice and is 
entirely qualified to intelligently proceed this morning to consider 
the conference report involved in that notation, if it so desires. The 
Chair sees no difficulty in the question whatever.

  Mr. Richardson thereupon called attention to the rule as to pension 
legislation on Friday evenings, reasoning from analogy that a Sunday 
devoted to eulogies might not therefore be invaded by general 
legislation. Furthermore, any business was legislation.
  The Speaker admitted that the last proposition was true in a 
technical sense, but as to the argument relating to Friday evening 
business, he said:

  The Chair thinks there is no doubt the House could have done so on 
Friday night. This is District of Columbia day, but the House can take 
up something else if it so desires.
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  \1\ Joseph G. Cannon, of Illinois, Speaker.
  \2\ Second session Fifty-seventh Congress, Journal, p. 220; Record, 
pp. 1944-1947.
  \3\ David B. Henderson, of Iowa, Speaker.
                                                            Sec. 7247
  Mr. Richardson having raised a question as to the approval of 
Saturday's Journal on Sunday, the Speaker said:

  It was read and approved in the usual way. The House was clothed with 
all the power essential to do business.

  Mr. Richardson thereupon moved to strike out from the Journal of 
Sunday's proceedings the lines showing that the conference report in 
question had been presented for printing in the Record.
  This motion was decided in the affirmative, yeas 125, nays 102.
  Then the Journal of Sunday's proceedings was approved.
  7247. A rule, not invoked for many years, provides for secret 
sessions of the House whenever the President may send a confidential 
message or the Speaker or any Member may announce that he has a 
confidential communication to present.
  The present form and history of Rule XXX.
  Rule XXX provides:

  Whenever confidential communications are received from the President 
of the United States, or whenever the Speaker or any Member shall 
inform the House that he has communications which he believes ought to 
be kept secret for the present, the House shall be cleared of all 
persons except the Members and officers thereof, and so continue during 
the reading of such communications, the debates, and proceedings 
thereon, unless otherwise ordered by the House.\1\

  The rule providing for secret sessions of the House dates from 
February 17, 1792,\2\ and December 30, 1793,\3\ although secret 
sessions were held before there was any rule for them. In the revision 
of 1880 \4\ the old rule was retained in an abbreviated form, as the 
Committee on Rules thought some occasion might arise for its use.\5\
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  \1\ Motions to remove injunctions of secrecy on proceedings were held 
not in order in open House. (Third session Eleventh Congress, Journal, 
p. 491.)
  \2\ First session Second Congress, Journal, p. 510 (Gales & Seaton 
ed.).
  \3\ Third and Fourth Congresses, Journal, p. 23 (Gales & Seaton ed.). 
Some discussion occurred at this time as to the propriety of secret 
sessions in a republican form of government. (First session Third 
Congress, Annals, pp. 150, 151.)
  \4\ Second session Forty-sixth Congress, Record, p. 202.
  \5\ In the early days of Congress secret sessions of the House were 
frequent. The sessions of the old Continental Congress had been secret, 
and under the Constitution the sessions of the Senate were so until the 
second session of the Third Congress. By special order the galleries 
were thrown open during the contested election case of A. Gallatin, 
from Pennsylvania. The House, on the other hand, sat regularly with the 
galleries open, but when occasion required, as on the receipt of a 
confidential communication from the President, the galleries were 
cleared by order of the House.
  Up to and during the war of 1812 secret sessions were held quite 
frequently. Since that period the practice has gone into disuse, 
although there was one secret session in 1825, on December 27 (see 
House Journal, supplemental, first session Nineteenth Congress; also 
Debates, December 20, 1825, first session Nineteenth Congress, p. 828), 
when a confidential message was received from President John Quincy 
Adams, who transmitted a copy of the message of President Jefferson to 
both Houses of Congress on January 18, 1803. This message of 1803 
recommended an exploring expedition across the continent to establish 
relations with the Indian tribes and ascertain the nature and extent of 
the region. The message was confidential, and as the injunction of 
secrecy was for some reason not removed, it had not been published up 
to 1825. So the secret session of the later year was held for the 
special and only purpose of removing the injunction of secrecy from the 
message of 1803. This message of President Jefferson may be found on 
page 352 of Volume I of Richardson's Messages and Papers of the 
Presidents. There was also a secret session on May 27, 1830 (first 
session Twenty-first Congress, Journal, p. 755; Debates, p. 1139), to 
receive a confidential communication from President Jackson.
Sec. 7248
  7248. On January 29, 1862,\1\ a concurrent resolution from the Senate 
was considered proposing the addition of a joint rule to provide for 
secret sessions of the House or Senate whenever any Member should state 
that the President desired the immediate action of Congress upon any 
matter pertaining to the suppression of the rebellion.
  Mr. Thaddeus Stevens, of Pennsylvania, said he had the word of the 
Secretary of War that the rule was advisable, and the House agreed to 
it.
  The Journal of the Thirty-seventh Congress does not indicate that it 
was ever used.
  7249. The House has declined to be bound to secrecy by act of the 
Senate.--On January 26, 1807,\2\ a message was received from the Senate 
by Mr. Samuel Smith (a Senator from Maryland) who said:

  Mr. Speaker, I am directed by the Senate of the United States to 
deliver to this House a confidential message in writing.

  The House being cleared of all persons except the Members and Clerk, 
Mr. Smith delivered to the Speaker a communication:

  Gentlemen of the House of Representatives: The Senate have passed a 
bill suspending for three months the privilege of the writ of habeas 
corpus, in certain cases, which they think expedient to communicate to 
you in confidence, and to request your concurrence therein, as speedily 
as the emergency of the case shall in your judgment require.

  After brief debate, during which Mr. John Randolph, of Virginia, 
declared that they could not be bound to secrecy except by their own 
act, the House decided--yeas 123, nays 3--

  That the message and bill received from the Senate ought not to be 
kept secret, and that the doors be now opened.

  7250. An illustration of legislation by the two Houses, each acting 
in secret session.
  When legislation is enacted in secret session, messages are delivered 
confidentially by committees of Members.
  On January 8, 1811,\3\ the House passed a joint resolution relating 
to the southern frontier. This action was taken in secret session, and 
a committee of two Members were appointed to take the resolution to the 
Senate. The messengers were received there in secret session, and 
delivered their message. On January 12 the Senate passed the resolution 
with an amendment, and returned it to the House by a committee of two 
Senators, who were received in secret session and delivered their 
message. The House agreed to the amendment of the Senate, and 
communicated this fact in a confidential message taken to the Senate by 
a committee of two Members.
  The resolution was presented to the President January 17 by the 
Committee on Enrolled bills, who reported that fact in secret session. 
The same day a message
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  \1\ Second session Thirty-seventh Congress, Globe, p. 554.
  \2\ Second session Ninth Congress, Journal pp. 550-552 (Gales & 
Seaton ed.); annals, pp. 402, 403.
  \3\ This resolution was passed in the Eleventh Congress, but the 
House proceedings are found in the House (Supplemental) Journal, first 
session Twelfth Congress, pp. 490, 497, 520; Annals, third session 
Eleventh Congress, pp. 376, 377.
                                                            Sec. 7251
of the President announcing his signature of the resolution was 
received in secret session.
  7251. When messages of a confidential nature were received from the 
President or Senate the House went into secret session.--On January 3, 
1811,\1\ a message being received from the President, the Speaker, on 
opening it, declared it to be of a confidential nature. Thereupon the 
subject under discussion was postponed, the galleries were cleared, and 
doors closed.
  The House and Senate used also to interchange confidential 
messages.\2\
  7252. On February 8, 1813,\3\ a message of a confidential nature was 
announced from the Senate, when the House was cleared of all persons 
except the Members, Clerks, Sergeant-at-Arms, and Doorkeeper, and the 
doors were closed. After remaining so for some time, they were again 
opened.
  7253. In 1853 the House declined to go into secret session.--On 
January 21, 1853,\4\ a message being received from the President of the 
United States in relation to certain negotiations with Spain on account 
of certain vessels seized, Mr. William H. Polk, of Tennessee, moved 
that the galleries be cleared during the reading, of the message. 
Objection was made to this motion, but Mr. Speaker Boyd admitted it 
under the rule.
  7254. The motion to remove the injunction of secrecy must be made 
with closed doors.--On January 18, 1811,\5\ Mr. Speaker Varnum decided 
that a motion to remove the injunction of secrecy from the secret 
proceedings of the House might not be made with open doors, and on 
appeal was sustained.
  7255. As late as 1843 the President transmitted a message in part 
confidential.--On February 1, 1843,\6\ President Tyler communicated to 
the House certain papers, which he requested be kept confidential for a 
time. The message was therefore referred without reading, and does not 
appear on the Journal of this date. On February 25 the committee 
reported, and there being no further reason for keeping the message 
confidential, it appears on the Journal of that date.
  7256. Except in certain cases, no paper presented to the House shall 
be withdrawn from its files without its leave.
  When leave is given for the withdrawal of a paper from the files of 
the House, a certified copy of it is to be left in the office of the 
Clerk.
  When an act passes for the settlement of a claim the Clerk may 
transmit the papers relating thereto to the officer charged with the 
settlement.
  The Clerk may loan to officers or bureaus of the Executive 
Departments papers from the files of the House, taking a receipt 
therefor.
  The statutes provide that so much of the files of the House as are 
not required for immediate use shall be kept in the custody of the 
Librarian of Congress.
  Present form and history of Rule XXXIX.
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  \1\ Third session Eleventh Congress, Annals, p. 486.
  \2\ Annals, third session Eleventh Congress, p. 1132.
  \3\ Second session Twelfth Congress, Journal, p. 664 (Gales & Seaton 
ed.).
  \4\ Second session Thirty-second Congress, Journal, p. 172; Globe, p. 
379.
  \5\ Third session Eleventh Congress, Journal, pp. 138, 140.
  \6\ Third session Twenty-seventh Congress, Journal, pp. 296, 465.
Sec. 7257
  Rule XXXIX provides:

  No memorial or other paper presented to the House shall be withdrawn 
from its files I without its leave, and if withdrawn therefrom 
certified copies thereof shall be left in the office of the Clerk; but 
when an act may pass for the settlement of the claim, the Clerk is 
authorized to transmit to the officer in charge of the settlement 
thereof the papers on file in his office relating to such claim, or may 
loan temporarily to any officer or bureau of the Executive Departments 
any papers on file in his office relating to any matter pending before 
such officer or bureau, taking proper receipt therefor.

  This rule \2\ was adopted in the revision of 1880.\3\ It was 
suggested by the former rule, No. 164, which dated from December 18, 
1873,\4\ and provided that all motions to withdraw papers from the 
files should be referred to the committee last considering the case, 
but that in a case where an adverse report had been made the original 
papers should not be withdrawn.\5\
  The statutes \6\ provide:

  The Clerk of the House of Representatives is hereby authorized and 
directed to deliver to the Librarian of Congress all bound volumes of 
original papers, general petitions, printed matter, books and 
manuscripts now in, or that may hereafter come into, the files of the 
House, which in his judgment are not required to be retained in the 
immediate custody of the file clerk; and it shall be the duty of the 
Librarian of Congress to cause all such matter so delivered to him to 
be properly classified by Congress and arranged for preservation and 
ready reference. All of such matter to be held as a part of the files 
of the House of Representatives, subject to its orders and rules.

  7257. On December 18, 1873,\7\ the House, after discussion and on 
recommendation of the Committee on Rules, agreed to the following:

  Rule--.All motions to withdraw papers from the files of the House 
shall be referred to the committee which last considered the case, who 
shall report without delay whether or not copies shall be left on file, 
but original papers shall not be withdrawn in any case where an adverse 
report has been made; and wherever the report is adverse, the same 
shall be in writing and ordered to be printed.

  The House had been troubled by withdrawal of important papers which 
were needed afterwards, and also by the mutilation of papers on the 
files. The old rule is referred to in the debate as allowing withdrawal 
only by unanimous consent.
  7258. On July 6, 1882,\8\ Clerk McPherson called the attention of the 
House to the fact that the files of the House were being depleted by 
the withdrawal of papers from the files under the rule as it existed at 
that time.
  7259. The House usually allows the withdrawal of papers only in cases 
where there has been no adverse report.
  The rules for the order of business give no place to a motion to 
withdraw papers, and hence it is made by unanimous consent.
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  \1\ For a statement of the losses occasioned by the destruction of 
the Capitol in 1814 see Annals, Third session Thirteenth Congress, pp. 
305-307.
  \2\ A rule similar in effect seems to have been suggested on April 6, 
1830. (First session Twenty-first Congress, Journal, p. 507.)
  \3\ Second session Forty-sixth Congress, Record, p. 1206.
  \4\ First session Forty-third Congress, Record, pp. 312, 313.
  \5\ Although not in the rule, this requirement is usually insisted 
upon by the House.
  \6\ 31 Stat. L., p. 642.
  \7\ First session Forty-third Congress, Journal, p. 156; Record, pp. 
312, 313.
  \8\ First session Forty-seventh Congress, Journal, p. 1595; Record, 
p. 5690.
                                                            Sec. 7260
  Papers accompanying bills from the other House are restored to that 
House when the bills pass, or at the final adjournment if the bills do 
not pass. (Footnote.)
  On December 9, 1895,\1\ a request having been made for the withdrawal 
from the files of the House of papers relating to certain cases, Mr. 
Nelson Dingley, of Maine, raised a question as to whether or not there 
had been an adverse adjudication by the committees having the matters 
in charge.
  The Speaker \2\ said:

  The Chair will state that these requests are only granted by 
unanimous consent,\3\ and if the gentleman from Maine objects, of 
course that ends the matter. * * * The usual form, the Chair is 
advised, is to add to the request to withdraw papers the words ``no 
adverse report has been made.'' \4\

  7260. At the time of final adjournment of a Congress the clerks of 
committees are required to deliver to the Clerk of the House the bills 
and other papers referred to the committee.
  All evidence taken by a committee under order of the House and not 
reported to the House shall be delivered to the Clerk at the final 
adjournment of the Congress.
  Present form and history of section 1 of Rule XXXVIII.
  Section I of Rule XXXVIII provides:

  The clerks of the several committees of the House shall, within three 
days after the final adjournment of a Congress, deliver to the Clerk of 
the House all bills, joint resolutions, petitions, and other papers 
referred to the committee, together with all evidence taken by such 
committee under the order of the House during the said Congress and not 
reported to the House; and in the event of the failure or neglect of 
any clerk of a committee to comply with this rule the Clerk of the 
House shall, within three days thereafter, take into his keeping all 
such papers and testimony.

  This is the rule as adopted in the revision of 1880. The form as 
reported by the Committee on Rules was perfected during the debate on 
February 27, 1880.\5\ It was a new rule, intended to give greater 
security to the files of the House.
  7261. The House may take from its files papers of a preceding 
Congress and refer them to a committee with instructions.
  A proposition to refer to a committee the papers and testimony in an 
impeachment of the preceding Congress was admitted as a matter of 
privilege.
  On June 4, 1879,\6\ Mr. William M. Springer, of Illinois, proposed, 
as a question of privilege, a preamble and this resolution:

  Resolved, That the report of the Committee on Expenditures in the 
State Department, submitted at the last session of the Forty-fifth 
Congress, in the matter of the investigation of charges against the
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  \1\ First session Fifty-fourth Congress, Record, pp. 91, 92.
  \2\ Thomas B. Reed, of Maine, Speaker.
  \3\ This means that the rules for the order of business give no place 
for motions as to such requests, and hence unanimous consent is asked 
to interrupt the order of business that the matter may be presented. Of 
course, were it of sufficient importance to justify the time and 
trouble, the same end might be attained by a motion to suspend the 
rules or by the adoption of a resolution reported from the Committee on 
Rules.
  \4\ All papers accompanying Senate bills are restored to that body as 
soon as the bill passes the House; and should the bill fail to pass the 
House, then at the close of the Congress; and the same course is 
pursued by the Senate with respect to papers accompanying House bills.
  \5\ Second session Forty-sixth Congress, Record, p. 1206.
  \6\ First session Forty-sixth Congress, Journal, pp, 442, 443; 
Record, pp. 1774, 1775.
Sec. 7262
said George F. Seward while consul-general at Shanghai and envoy 
extraordinary and minister plenipotentiary to China, the articles of 
impeachment and resolutions reported thereon, together with all the 
testimony and proceedings taken by said committee on said 
investigation, be, and the same axe hereby, referred to the Committee 
on the Judiciary; and that the said Committee on the Judiciary are 
hereby instructed to consider said report, resolutions, articles of 
impeachment, testimony, and proceedings, etc.

  Mr. Omar D. Conger, of Michigan, made the point of order that the 
matter had never been referred to any committee of the House, and was 
not privileged for any Member to present.
  The Speaker \1\ decided:

  The question whether it be a question of privilege is a very simple 
one, which arises under the Constitution of the United States. The 
Constitution declares that the House of Representatives shall have the 
sole power of impeachment. The question whether this particular officer 
comes within the range of that constitutional provision seems to have 
been admitted in the last Congress and is not now controverted. The 
officer being liable to impeachment, it follows that this is a question 
of privilege.

  Mr. William H. Calkins, of Indiana, made the point of order that an 
the proceedings in this case had expired with the Forty-fifth Congress, 
and could not be revived by a resolution of this kind.
  The Speaker held:

  The Chair thinks on the point of order presented by the gentleman 
from Indiana [Mr. Calkins, that it is competent for this House to take 
papers from the files or from the custody of an officer authorized to 
take charge of them, and refer those papers to any appropriate 
committee for consideration by that committee. What that committee may 
do with such papers, whether they shall deem them to be valid as 
against a public officer or valid in any other sense, it is not for the 
Chair to determine. The Chair therefore overrules the point of order 
and decides that it is competent for this House to take from its files 
any papers and refer them to a committee.

  7262. The House declined to allow the testimony in an election case 
to be withdrawn from its files.--On June 8, 1844,\2\ Mr. Willoughby 
Newton, of Virginia, moved that John M. Botts be permitted to withdraw 
the testimony in the case of John M. Botts, who contested the right of 
John W. Jones to a seat as a Member of the House.
  Objection was made to such a proceeding as unprecedented, and the 
motion was amended so as to permit Mr. Botts to take copies of the 
testimony.
  Then, it being stated that the Clerk would permit this to be done 
without order of the House, the amended motion was laid on the table.
  7263. One House requiring papers from the files of the other, asks 
for them by resolution.--On December 10, 1878,\3\ the House, having 
received a message from the Senate requesting that the testimony taken 
before one of the committees of the House relating to Hon. Stanley 
Matthews, Senator from Ohio, be transmitted to the Senate, passed an 
order that the request be complied with.
  7264. The Senate, desiring certain documents from the files of the 
House, passed a resolution asking for the same.\4\
  7265. A Member may not offer as an amendment a paper already in 
possession of the House, and consequently a part of the files of the
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  \1\ Samuel J. Randall, of Pennsylvania, Speaker.
  \2\ First session Twenty-eighth Congress, Journal, p. 1042; Globe, p. 
698.
  \3\ Third session Forty-fifth Congress, Journal, p. 66; Record, pp. 
66, 82.
  \4\ Second session Forty-sixth Congress, Journal, p. 722; Record, p. 
1354.
                                                            Sec. 7266
House.--On May 22, 1902,\1\ the Committee of the Whole House on the 
state of the Union was considering the bill (H. R. 12199) to regulate 
the immigration of aliens into the United States, and there was pending 
an amendment offered as a new section by Mr. Oscar W. Underwood, of 
Alabama.
  Mr. Richard Bartholdt, of Missouri, offered and sent to the Clerk's 
desk an amendment in the nature of a substitute for the amendment 
offered by Mr. Underwood.
  After Mr. Bartholdt's substitute had been read, and while it was 
pending, Mr. John F. Lacey, of Iowa, proposed to offer it as an 
amendment to the amendment of Mr. Underwood, i.e., that it should be a 
simple amendment instead of a substitute. And Mr. Lacey proposed to 
offer the actual paper submitted by Mr. Bartholdt.
  The Chairman \2\ held:

  The gentleman from Missouri has offered a substitute to that 
amendment; and the Chair suggests that the gentleman from Iowa can not 
in the way he proposes appropriate the paper pending as a part of the 
files of the House. * * * As the Chair understands the rule, the 
amendment offered by the gentleman from Iowa should be reduced to 
writing and offered by him as an amendment to the amendment of the 
gentleman from Alabama.

  7266. A Member may not offer as an amendment a paper already offered 
by another Member and in possession of the Clerk.--On January 22, 
1903,\3\ the Committee of the Whole House on the state of the Union 
were considering under the five-minute rule the bill (H. R. 15520) 
relating to Philippine coinage, when Mr. William A. Jones, of Virginia, 
offered an amendment in the nature of a substitute.
  While this proposed substitute was pending, Mr. E. J. Hill, of 
Connecticut, proposed to offer it as an amendment to the first section 
of the bill.
  The Chairman \4\ said that this might not be done, since the 
amendment offered by Mr. Jones and pending was not within the control 
of Mr. Hill.
  7267. On August 27, 1856,\5\ Mr. John Wheeler, of New York, presented 
a resolution relating to the controversy over the army bill and its 
proviso concerning the use of troops in Kansas.
  Debate arising over this resolution, it went over under the rule.\6\
  Later, on this day, Mr. George Vail, of New Jersey, submitted the 
same resolution.
  Mr. Israel Washburn, jr., of Maine, made the point of order that this 
resolution was the identical paper presented previously by Mr. Wheeler, 
and belonged to the files of the House.
  The Speaker \7\ sustained the point of order, and ruled the 
resolution out on the ground that it was a paper from the files of the 
House.
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  \1\ First session Fifty-seventh Congress, Record, p. 5833.
  \2\ Henry S. Boutell, of Illinois, Chairman.
  \3\ Second session Fifty-seventh Congress, Record, p. 1078.
  \4\ James R. Mann, of Illinois, Chairman.
  \5\ Second session Thirty-fourth Congress, Journal, pp. 1597-1600; 
Globe, p. 56.
  \6\ Resolutions are no longer introduced under this rule, which is 
obsolete and abolished.
  \7\ Nathaniel P. Banks, jr., of Massachusetts, Speaker.
Sec. 7268
  7268. The Library of Congress (except the law library, which is 
controlled by the Supreme Court) is under supervision of the Joint 
Committee on the Library.
  General provisions of the statutes relating to the Congressional 
Library.
  The Library of Congress, now contained in a building built by 
Congress solely for its use, has been cared for by Congress for about a 
century.\1\ It consists of a general library and a law library,\2\ the 
latter remaining within the Capitol. It is under the supervision of the 
Joint Committee on the Library,\3\ except that the law library is 
controlled by the justices of the Supreme Court.\4\ Both the law and 
general libraries are open to the public for the examination of books; 
but books may be taken out only by certain carefully enumerated 
persons: President of the United States, Vice-President, Senators, 
Representatives, and Delegates in Congress; \5\ and, under regulations 
prescribed by the Joint Committee on the Library, heads of Departments, 
justices, reporter, and clerk of the Supreme Court, members of the 
diplomatic corps, judges and clerk of the Court of Claims, Solicitor-
General and Assistant Attorneys-General, Secretary of the Senate, Clerk 
of the House, Chaplains of the two Houses, Solicitor of the Treasury, 
financial agent of the Joint Committee on the Library, Secretary of the 
Smithsonian Institution, ex-Presidents of the United States residing 
within the District,\6\ members and secretary of the Interstate 
Commerce Commission, Chief of Engineers, U. S. Army, residing in 
Washington,\7\ justices of the District supreme court and court of 
appeals,\8\ Regents of the Smithsonian Institution resident in 
Washington.\9\
  The Librarian is appointed by the President,\10\ with the approval of 
the Senate.\11\ He makes rules and regulations for the government of 
the Library, selects his employees, whose positions are fixed by law, 
and has direction of the copyright department. At the beginning of each 
session of Congress the Librarian reports to Congress for the fiscal 
year. There is also a Superintendent of the Library Building and 
Grounds, who is appointed by the President. The Senate portion of the 
Joint Committee on the Library exercises authority during the recess 
between Congresses.\12\
  7269. The House library is under the control and direction of the 
Librarian of Congress, and the House librarian and his assistants are 
removable only for cause and with the approval of the Committee on
-----------------------------------------------------------------------
  \1\ Revised Statutes, section 80.
  \2\ Revised Statutes, section 81.
  \3\ Revised Statutes, sections 82, 85, 86, 87.
  \4\ The law library is open every day so long as either House is in 
session. (25 Stat. L., p. 262.) When, on February 24, 1826 (first 
session Nineteenth Congress, Journal, p. 285), there was a proposition 
to place the law library in charge of the Supreme Court, the House 
pronounced adversely on it.
  \5\ Revised Statutes, section 93.
  \6\ Revised Statutes, section 94.
  \7\ 26 Stat. L., p. 678.
  \8\ 28 Stat. L., p. 577.
  \9\ Second session Forty-third Congress, Laws, p. 512.
  \10\ Revised Statutes, section 88.
  \11\ Second session Fifty-fourth Congress, Laws, pp. 544-546.
  \12\ 22 Stat. L., p. 592.
                                                            Sec. 7270
Rules.--The House has a library, consisting chiefly of volumes of the 
Statutes of the United States, United States Supreme Court Reports, 
Reports of Committees of Congress, the Journals of the two Houses, the 
Annals of Congress, Congressional Debates, the Congressional Globe, and 
the Congressional Record. It is kept on the gallery floor of the House, 
but there is connected with it a small reference library on the floor 
of the House.
  The Statutes \1\ provide:

  The library of the House of Representatives shall hereafter be under 
the control and direction of the Librarian of Congress, who shall 
Provide all needful books of reference therefor. The librarian, two 
assistant librarians, and assistant in the library, above provided for, 
shall be appointed by the Clerk, of the House, with the approval of the 
Speaker of the House of Representatives of the Fifty-sixth Congress, 
and thereafter no removals shall be made from the said positions except 
for cause reported to and approved by the Committee on Rules.

  7270. The Hall of the House is used only for the legislative business 
of the House, caucus meetings of its Members, and ceremonies in which 
the House votes to participate.
  The Speaker is forbidden to entertain a motion for a suspension of 
the rule relating to the use of the Hall of the House.
  Present form and history of Rule XXXIII.
  Rule XXXIII provides:

  The Hall of the House shall be used only for the legislative business 
of the House and for the caucus meetings of its Members, except upon 
occasions where the House by resolution agree to take part in any 
ceremonies to be observed therein; and the Speaker shall not entertain 
a motion for the suspension of this rule.

  This is the exact form adopted in the revision of 1880.\2\ It was 
taken from old rule No. 155, which dated from January 31, 1866.\3\ 
Prior to 1866 there had been many demands for the Hall, particularly 
for charitable occasions, which Members had usually felt disinclined to 
resist. But the cost of lighting was $150 and of heating $25 for each 
night; there was wear and tear of the furnishings; and it was rare that 
some Member's desk was not broken open and rifled. An exception was at 
that time made of divine services, which might be held under the 
direction of the Speaker. The further exception, which has survived, 
was made so that the memorial services of Abraham Lincoln and Henry 
Winter Davis might be held. On January 19, 1880,\4\ the House agreed to 
a resolution that the use of the Hall be granted for a reception to 
Charles Stuart Parnell, and that the House meet and take part in the 
ceremonies. In accordance therewith the House meet in session on the 
evening of February 2, the Speaker in the chair, and Mr. Parnell made 
an address. But this proceeding was highly exceptional and has not been 
followed as a precedent.
  In the early years of the Government the Hall was used more freely. 
On November 19, 1804,\5\ the House ordered that in future no person 
should hold religious services in the Hall except with the consent of 
the Speaker; and on June 24, 1809,\6\ the
-----------------------------------------------------------------------
  \1\ 31 Stat. L., p. 964.
  \2\ Second session Forty-sixth Congress, Record, p. 207.
  \3\ First session Thirty-ninth Congress, Globe, p. 531.
  \4\ Second session Forty-sixth Congress, Record, pp. 393, 664.
  \5\ Second session Eighth Congress, Journal, p. 17.
  \6\ First session Eleventh Congress, Journal, p. 84; Annals, p. 416.
Sec. 7271
use of the Hall for Fourth of July exercises was refused to the people 
of the District. On March 2, 1827,\1\ the House ordered that the Hall 
should not be used for any purpose whatsoever during the recess of 
Congress; and on March 3, 1828,\2\ it was ordered that it should not be 
used except for the business of Congress and religious services on 
Sunday.
  7271. Ceremonies of removing from the old to the new Halls of the 
House and Senate.
  Instance of an adjournment to a new place.
  On December 14, 1857,\3\ Mr. Edward A. Warren, of Arkansas, from the 
select committee appointed to inspect the new Hall of the House, made a 
report setting forth the condition and arrangement of the Hall, and 
concluding with this resolution, which was agreed to by the House:

  Resolved, That when this House adjourns to-morrow, it will adjourn to 
meet in the new Hall of Representatives, in the south wing of the 
extension of the Capitol, on Wednesday noon.
  The Senate moved to their Hall on January 4, 1859,\4\ after farewell 
speeches. They went as a body, preceded by their officers.
  7272. The bar of the House is within the doors leading into the 
Hall.--On February 5, 1858,\5\ during prolonged dilatory proceedings 
over the disposition of the President's message relating to the 
Lecompton constitution of Kansas, a question arose under Rule 41, which 
dated from 1794, and was in force at this time, providing: ``Upon a 
division and count of the House on any question, no Member without the 
bar shall be counted.''
  Pending a call of the yeas and nays, and before the result was 
announced, Mr. Reuben Davis, of Mississippi, was asked by the Speaker: 
``Were you within the bar when your name was called?''
  Mr. Davis stated that when his name was called he was in the cloak 
room, which opens out of the Hall, and to which there was no entrance 
except from the Hall, and desired to know if he was entitled to vote 
under the rules of the House prescribing what should be considered the 
bar of the House.
  The Speaker \6\ decided that the gentleman was not entitled to vote, 
saying:

  The Chair has held, pursuant to the intimation and construction, he 
believes, of the committee appointed for that purpose,\7\ that the 
doors leading into the Hall of the House were to be construed to be the 
bar of the House. Any one to be within the bar of the House must be 
within either of the doors leading into it, and where a Member is 
within either of the recesses he can not be considered to be within the 
bar.\8\
-----------------------------------------------------------------------
  \1\ Second session Nineteenth Congress, Journal, p. 370.
  \2\ First session Twentieth Congress, Journal, pp. 362, 369; Debates, 
pp. 1699, 1717.
  \3\ First session Thirty-fifth Congress, Journal, p. 63; Globe, pp. 
31, 32.
  \4\ Second session Thirty-fifth Congress, Globe, pp. 202-204.
  \5\ First session Thirty-fifth Congress, Journal, pp. 337, 338; 
Globe, p. 605.
  \6\ James L. Orr, of South Carolina, Speaker.
  \7\ This seems to refer to the report on the new Hall made December 
14, 1857. (First session Thirty-fifth Congress, Globe, pp. 31, 32.)
  \8\ The railing around the outer row of seats in the Hall was 
directed and authorized on December 4, 1877, on report from a select 
committee appointed during the preceding session. (Second session 
Forty-fifth Congress, Journal, p. 39; Record, p. 16.)
                                                            Sec. 7273
  Mr. Davis having appealed, the appeal was laid on the table, yeas 
137, nays 5.\1\
  7273. The control of the Speaker extends only to the ``unappropriated 
rooms'' of the House wing, and the House itself controls the 
disposition of the other rooms.
  A resolution assigning a room to a committee presents a question of 
privilege.
  On January 11 and 12, 1870,\2\ the assignment of committee rooms, 
involving the disposal of occupied rooms, was treated by means of 
resolutions submitted to the House.
  One of these resolutions, offered January 11, was as follows:

  Resolved, That the room now occupied as the private office of the 
Clerk of the House be assigned to the Committee on Banking and 
Currency.

  Mr. James A. Garfield, of Ohio, offered this as a question of 
privilege.
  The Speaker \3\ said:

  It is a question of privilege, and in order at any time.

  7274. On May 26, 1869,\4\ Mr. Speaker Blaine called attention to the 
fact that under the rule the power of the Speaker in regard to 
committee rooms was restricted, the rule giving him authority only over 
the unappropriated rooms.
  7275. On February 8, 1884,\5\ Mr. Speaker Carlisle asked the approval 
of the House for a change in occupied rooms of the House, the same 
having been made to accommodate Members and officers of the House.
  7276. On March 14, 1838,\6\ the House adopted a resolution assigning 
a certain room to the Committee on Revolutionary Claims.
  7277. In 1869 \7\ are two instances where the subject of occupation 
of committee rooms was presented to the House by resolution for the 
action of the House.
  7278. On December 21, 1887,\8\ the changes whereby the rooms of the 
Speaker and Sergeant-at-Arms were assigned to the Committee on 
Appropriations, and new rooms were assigned to those officers, were 
authorized by a resolution reported from the Committee on Rules, and 
agreed to by the House.
  7279. On January 13, 1890,\9\ the Clerk, with the approval of the 
Committee on Accounts, was directed to procure rooms for committees of 
the House needing them in a location convenient to the Capitol.
  7280. On February 8, 1882,\10\ the approval was announced to the 
House of the act (H. R. 3181) ``authorizing and directing the Architect 
of the Capitol to make certain changes and repairs in the House wing of 
the Capitol.
-----------------------------------------------------------------------
  \1\ The House had recently moved into the new Hall, which it occupies 
at present.
  \2\ Second session Forty-first Congress, Globe, pp. 366, 369, 407.
  \3\ James G. Blaine, of Maine, Speaker.
  \4\ First session Forty-first Congress, Globe, p. 319.
  \5\ First session Forty-eighth Congress, Record, p. 1001.
  \6\ Second session Twenty-fifth Congress, Journal, p. 612; Globe, p. 
237.
  \7\ First session Forty-first Congress, Journal, pp. 133, 154.
  \8\ First session Fiftieth Congress, Journal, p. 100.
  \9\ First session Fifty-first Congress, Journal, p. 110.
  \10\ First session Forty-seventh Congress, Journal, p. 528.
Sec. 7281
  7281. In 1882 \1\ changes in the House wing of the Capitol were 
authorized by an act of Congress.
  7282. The desks in the Hall of the House and the various attempts to 
remove them.--In the arrangements of the seats of Members in the Hall 
of the House, each Member has before him a desk. These desks have been 
the subject of much controversy. On January 30, 1829,\2\ Mr. Ichabod 
Bartlett, of New Hampshire, criticised them as a cause of confusion 
detrimental to the public business; but they were defended as a 
convenience. Again on June 1, 1841,\3\ they were the subject of 
criticism. On March 7, 1842,\4\ Mr. William Cost Johnson, of Maryland, 
attempted to bring before the House a proposition to remove the desks, 
but failed by a vote of 74 to 93. Also on December 20, 1847,\5\ Mr. 
Thomas B. King, of Georgia, proposed their removal, but without result.
  On March 3, 1859,\6\ the House voted, 103 yeas to 73 nays, that at 
the next session the desks should be removed and that benches should be 
placed for the accommodation of Members. On February 21, 1860,\7\ Mr. 
Elihu B. Washburne, of Illinois, from a select committee on the 
subject, reported a resolution directing the removal of the benches and 
the restoration of the chairs and desks. This resolution was agreed to, 
95 yeas to 86 nays. The majority report, which was signed by Elihu B. 
Washburne and John G. Davis, of Indiana, says that the daily sessions 
of the House for twelve weeks had afforded a fair opportunity of 
testing the arrangement which had been authorized by the last Congress. 
The majority expressed the opinion that most of the important objects 
that were sought by the change had failed to be realized, and 
recommended that the old arrangement of seats and desks be restored. 
The minority report was submitted by Mr. W. Porcher Miles, of South 
Carolina, who had made the report the year before in favor of the 
change, in association with George H. Pendleton, of Ohio, J. Letcher, 
of Virginia, Edward Joy Morris, of Pennsylvania, and Israel Washburn, 
jr., of Maine. In his minority report Mr. Miles said that the question 
was one of the comfort and convenience of Members on the one side and 
the intelligent and expeditious dispatch of the business of the country 
on the other. He then submitted again the arguments for the change 
which were made in the preceding Congress and which brought about the 
change. The chief argument for retaining the desks was the strongest 
reason for the abolition, namely, the convenient facility which they 
afforded Members for writing letters and franking documents.\8\ The 
first duty of the Representative was to attend to the business going on 
in the House. The space occupied by the desks was so great that Members 
speaking and the clerk reading could not be heard readily, and much 
time was lost in the repetitions and misunderstandings resulting. The 
English House of Commons, numbering 654 Members, held sessions in a 
hall
-----------------------------------------------------------------------
  \1\ First session Forty-seventh Congress, Record, p. 767; see bill H. 
R. 768.
  \2\ Second session Twentieth Congress, Debates, p. 297.
  \3\ First session Twenty-seventh Congress, Globe, p. 9.
  \4\ Second session Twenty-seventh Congress, Journal, p. 497; Globe, 
p. 291.
  \5\ First session Thirtieth Congress, Journal, p. 127; Globe, p. 58.
  \6\ Second session Thirty-fifth Congress, Journal, pp. 581, 582; 
Globe, p. 1670.
  \7\ First session Thirty-sixth Congress, Journal p. 351; Globe pp. 
855, 856.
  \8\ This was before Members had secretaries. Members first had 
secretaries in the Fifty-third Congress.
                                                            Sec. 7283
much smaller than our own, which had to accommodate 236 Members. The 
Commons did not have desks, and the arrangement of the seats brought 
them in a much smaller area. The committee expressed confidently the 
opinion that the change would tend to produce quiet, orderly debate, 
real, legitimate discussion of the subject-matter, and in time a change 
in Congressional oratory, eliminating the prosy manuscript speeches and 
the orations for the constituencies rather than for the House and on 
the subject before the House.
  The subject was again revived when, on March 28, 1878,\1\ a committee 
of which Mr. John G. Carlisle, of Kentucky, was a member, submitted a 
report in favor of removing the desks, but no action resulted.
  On December 19, 1883,\2\ the Committee on Rules reported adversely, 
and the House laid on the table a resolution providing for the removal 
of the desks from the Hall of the House.
  In 1899 \3\ the Committee on Ventilation and Acoustics submitted an 
elaborate illustrated report, recommending a reduction in the size of 
the Hall, the removal of the desks and a rearrangement of the seats.
  On February 20, 1901,\4\ an amendment providing for the removal of 
the desks was proposed on an appropriation bill, but the House decided 
on it adversely.
  7283. The rules limit strictly the classes of persons having the 
privileges of the floor during sessions of the House.
  The Speaker is forbidden to entertain a request for the suspension of 
the rule relating to the privilege of the floor.
  The President and Vice-President of the United States and their 
secretaries have the privilege of the floor.
  The judges of the Supreme Court have the privileges of the floor.
  ``Heads of Departments,'' meaning members of the President's Cabinet, 
have the privilege of the floor.
  Members of Congress, Members-elect, and, under certain conditions, 
ex-Members of the House and contestants in election cases have the 
privilege of the floor.
  The Secretary and Sergeant-at-Arms of the Senate, the Superintendent 
of the Capitol, the Librarian of Congress, and his assistant in the law 
library have the privilege of the floor.
  Ministers from foreign governments and governors of States (but not 
of Territories) have the privilege of the floor.
  The Resident Commissioner to the United States from Porto Rico has 
the privilege of the floor.
  Persons who have by name received the thanks of Congress have the 
privilege of the floor.
  Present form and history of Rule XXXIV.
-----------------------------------------------------------------------
  \1\ Second session Forty-fifth Congress, Record, p. 2110.
  \2\ First session Forty-seventh Congress, Journal, p. 155; Record, p. 
196.
  \3\ This report was an embodiment of the plan of Mr. Speaker Reed, 
who believed that the confusion of the great hall, with its numerous 
desks, was destructive of the deliberative character of the House.
  \4\ Second session Fifty-sixth Congress, Record, pp. 2704-2708.
Sec. 7283
  Rule XXXIV provides:

  1. The persons hereinafter named, and none other, shall be admitted 
to the Hall of the House or rooms leading thereto, viz: The President 
and Vice-President of the United States and their private secretaries, 
judges of the Supreme Court, Members of Congress and Members-elect, 
contestants in election cases during the pendency of their cases in the 
House, the Secretary and Sergeant-at-Arms of the Senate, heads of 
Departments, foreign ministers, governors of States, the Superintendent 
of the Capitol Building and Grounds, the Librarian of Congress and his 
assistant in charge of the law library, the Resident Commissioner to 
the United States from Porto Rico, such persons as have, by name, 
received the thanks of Congress, ex-Members of the House of 
Representatives who are not interested in any claim or directly in any 
bill pending before Congress, and clerks of committees when business 
from their committee is under consideration; and it shall not be in 
order for the Speaker to entertain a request for the suspension of this 
rule or to present from the chair the request of any Member for 
unanimous consent.

  This is the form agreed to in the revision of 1880,\1\ with a few 
modifications made since. The Committee on Rules in 1880 \2\ gave a 
history of the various modifications of the rule since 1802.
  The words ``heads of Departments'' is construed to mean the members 
of the President's Cabinet, as is evident from the fact that in 1886 
\3\ the House did not agree to a proposition to add such officers as 
the Commissioners of Patents, Internal Revenue, Pensions, etc.
  The words ``foreign ministers'' are construed to mean the 
representatives of foreign governments duly accredited to this 
Government and not representatives of this Government abroad who may be 
in Washington temporarily. This is evident from the fact that in former 
years the language was ``foreign ministers and their secretaries,'' \4\ 
indicating an official with his established office in Washington. As 
early as December 8, 1798,\5\ the ministers of Great Britain and 
Denmark attended a joint meeting of the two Houses in Representatives' 
Hall to hear the President's speech. Foreign ministers have not often 
in later years availed themselves of the privilege, usually preferring 
the Diplomatic Gallery.
  The ``Superintendent of the Capitol Building and Grounds'' was 
included by amendment of June 28, 1902,\6\ when the designation of the 
old office of ``Architect of the Capitol'' was changed. At the same 
time the ``Resident Commissioner to the United States from Porto Rico'' 
was included, after proposed legislation to authorize a Delegate from 
that island had failed.
  Until 1857 persons who had been Members of either the Senate or the 
House were admitted to the privileges of the floor of the House under a 
very liberal rule.\7\ In that year, when the House was about to move 
from the old Hall to the new, it was thought desirable, in view of the 
enlarged gallery accommodations of the
-----------------------------------------------------------------------
  \1\ Second session Forty-sixth Congress, Record, pp. 207, 1205.
  \2\ Second session Forty-sixth Congress, Record, p. 202.
  \3\ First session Forty-ninth Congress, Record, p. 2411.
  \4\ Second session Twenty-ninth Congress, Journal, p. 536.
  \5\ Third session Fifth Congress, Annals, p. 2420.
  \6\ First session Fifty-seventh Congress, Record, p. 7608.
  \7\ Third session Thirty-fourth Congress, Journal, p. 694.
                                                            Sec. 7284
new Hall, to restrict the admissions to the floor. So on December 23, 
1857,\1\ this rule was adopted:

  That no person, except Members of the Senate, their Secretary, heads 
of Departments, President's private secretary, the governor for the 
time being of any State, and judges of the Supreme Court of the United 
States, shall be admitted within the Hall of the House of 
Representatives.

  This new rule cut off from the privilege the following persons who 
had enjoyed it under the old rule: The Treasurers of the United States, 
Comptrollers, Registers, Auditors, Chaplains to Congress, judges of the 
United States, foreign ministers and their secretaries, officers 
thanked by Congress for gallantry and good conduct in the public 
service, governors of Territories, ex-Members of the House and Senate, 
persons who had been heads of Departments, members of State and 
Territorial legislatures, and members of the legislative bodies of 
foreign nations in amity with the United States.
  Ex-Members of Congress were readmitted to the floor by rule of March 
16, 1867,\2\ which excluded all such as were ``interested in any claim 
pending before Congress,'' and required that ex-Members should register 
themselves as not so interested before admission.\3\ The word ``claim'' 
in this rule was construed strictly, and on April 23, 1872,\4\ an 
attempt of the Committee on Rules to change the word to ``any 
legislative measure'' was defeated by recommittal. With the exception 
of ex-Members of Congress and persons who have by name received the 
thanks of Congress \5\ the strictness of the rule of 1857 was continued 
\6\ until the revision of 1880. In that revision the rule was framed in 
practically its present form,\7\ but ex-Members of Congress were 
admitted, as to whom it was provided, as now, that they should ``not be 
interested in any claim or directly in any bill pending before 
Congress.'' In 1884 \8\ ex-Senators were excluded by confining the 
privilege to ex-Members of the House instead of ex-Members of Congress.
  In the Fifty-second Congress the words ``directly in any'' were 
omitted before ``bill'' in the clause relating to ex-Members. In the 
Fifty-third Congress the Secretary of the Smithsonian Institution was 
added to the number of privileged persons, and after the word 
``interested,'' in the clause relating to ex-Members, the words 
``either as party, agent, or attorney'' were added. In the Fifty-fourth 
Congress the form of the Fifty-first Congress was restored.
  7284. Rigid enforcement of the rule forbidding requests for extension 
of the privileges of the floor.--On December 18, 1900,\9\ the House was 
considering the bill (S. 1929) to provide for eliminating certain grade 
crossings in the city
-----------------------------------------------------------------------
  \1\ First session Thirty-fifth Congress, Journal, p. 116; Globe, pp. 
170, 171.
  \2\ First session Fortieth Congress, Journal, p. 46; Globe, pp. 119, 
120.
  \3\ Although this provision as to registering disappeared from the 
rule in the revision of 1880, the secretary of the Speaker still keeps 
the register, and ex-Members are required to sign it before receiving a 
card of admission.
  \4\ Second session Forty-second Congress, Globe, pp. 2688-2691.
  \5\ Included in rule of March 15, 1867 (first session Fortieth 
Congress, Journal, p. 46; Globe, pp. 119, 120).
  \6\ First session Forty-sixth Congress, Journal, p. 633.
  \7\ Second session Forty-sixth Congress, Journal p. 1552.
  \8\ First session Forty-eighth Congress, Journal, p. 1777.
  \9\ Second session Fifty-sixth Congress, Record, p. 395.
Sec. 7285
of Washington, when Mr. Joseph W. Babcock, of Wisconsin, asked 
unanimous consent that the Engineer Commissioner of the District of 
Columbia might be permitted to come on the floor and explain the 
engineering features of the plan, as had been permitted in the Senate.
  The Speaker,\1\ having caused Rule XXXIV to be read, said:

  This rule, it seems to the Chair, is explicit; and it meets 
completely the request of the gentleman from Wisconsin. This is not the 
United States Senate, but the House of Representatives, acting under 
its own rules. Under the specific rule just read the Chair is not 
permitted to entertain the request of the gentleman from Wisconsin.

  7285. The rule forbidding the Speaker to entertain requests for the 
suspension of the rule relating to admission to the floor is held to 
apply also to the Chairman of the Committee of the Whole.--On January 
15, 1894,\2\ Mr. Julius C. Burrows, of Michigan, submitted the question 
of order whether it was in order for the Chairman of the Committee of 
the Whole to entertain a request for unanimous consent that persons 
other than Members of the House be admitted to the floor of the House 
during its sessions.
  The Speaker \3\ expressed the opinion that it would not be in order 
to entertain such request and that the rule respecting admission to the 
floor was applicable in Committee of the Whole.
  7286. It being alleged that an ex-Member was violating the privileges 
of the floor, the Speaker declared it a matter for the House and not 
the Chair to consider.--On May 22, 1884,\4\ while the House was 
considering the contested-election case of English v. Peelle, Mr. 
Roswell G. Horr, of Michigan, made the point of order, as a question of 
privilege, that an ex-Member of the House, father of the contestant, 
had been upon the floor soliciting assistance for the case of his son, 
in violation of Rule XXXIV.
  Mr. William M. Springer, of Illinois, made the point of order that 
the rule did not apply to a contested-election case, but only to ex-
Members interested in any claim or bill pending before Congress.
  The Speaker \5\ said:

  The fact that the gentleman of whom complaint is made is an ex-Member 
of the House is not disputed. But it is alleged by the gentleman from 
Michigan that he has violated his privileges or abused the privileges 
of the House as an ex-Member in connection with the contest in this 
election case. That is a matter for the House to investigate or 
determine. It is not a matter for the Chair to determine; nor is the 
statement alone sufficient to warrant the Chair in determining that the 
gentleman, under the rule, should be excluded from the floor. The Chair 
thinks, therefore, that no question is presented for the consideration 
of the Chair, though there might be a fact, as alleged by the gentleman 
from Michigan, for the consideration of the House.\6\

  7287. An alleged abuse of the privilege of the floor by an ex-Member 
was inquired into by a special committee.--On July 3, 1884, Mr. N. J. 
Hammond, of Georgia, from the Select Committee on Alleged Abuse of the 
Privileges of
-----------------------------------------------------------------------
  \1\ David B. Henderson, of Iowa, Speaker.
  \2\ Second session Fifty-third Congress, Journal, p. 90; Record, p. 
840.
  \3\ Charles F. Crisp, of Georgia, Speaker.
  \4\ First session Forty-eighth Congress, Journal, p. 1298; Record, p. 
4405.
  \5\ John G. Carlisle, of Kentucky, Speaker.
  \6\ The House did make an investigation. Section 7287.
                                                            Sec. 7287
the Floor, submitted a report \1\ relating particularly to the conduct 
of Hon. William H. English, an ex-Member of the House, who was alleged 
to have violated the privileges of the floor in urging Members to favor 
his son, the contestant in the election case of English v. Peelle.
  The committee agreed, both in the minority and majority reports, that 
Mr. English did approach Members on the floor of the House during the 
sessions and urge them to vote for his son.
  The majority of the committee, Messrs. Hammond, J. H. Rogers, of 
Arkansas, Barclay Henley, of California, and James M. Riggs, of 
Illinois, declare in their report that Mr. English's actions were done 
quietly, without disturbing the House, and that there was no evidence 
to indicate that he used or attempted to use corrupt means. The rule of 
the House admitted to the floor ``ex-Members of Congress who are not 
interested in any claim or directly in any bill pending before 
Congress.'' The report contends that the word ``interested'' referred 
only to pecuniary interest, and not relationship to a contestant or a 
contestee. By the Constitution the ``House may determine the rules of 
its proceedings.'' It must have authority to maintain its privileges 
and be judge of their infringement. But it must proceed according to 
law. May, on Law of Parliament, divided breach of privilege into: (1) 
Disobedience to general orders or rules of either House; (2) 
disobedience to particular orders; (3) indignities offered to the 
character or proceedings of Parliament; (4) assaults upon its members 
or reflections upon their character and conduct in Parliament, or 
interferences with officers of the House in discharge of their duty. 
Mr. Cushing had stated that formerly privilege was undefined by 
Parliament, being ``what each House chose to make so upon the 
particular occasion,'' but ``since the period above mentioned a 
different doctrine has been established as to the nature of 
parliamentary privilege, which is now regarded as a part of the law of 
the land, evidenced by the customs and usages of Parliament, when not 
specifically defined by statute and incapable of enlargement by the 
resolutions or proceedings of either House.'' The committee concluded 
that they had found no custom or usage of Parliament which would 
justify them in concluding that Mr. English's conduct was a breach of 
the privileges of the House, and they recommended that the whole matter 
be laid on the table.
  The minority of the committee, Messrs. Stephen C. Millard, of New 
York, Thomas M. Bayne, of Pennsylvania, and J. B. Wakefield, of 
Minnesota, reported a resolution declaring that Mr. English's conduct 
``was improper and a violation of the privileges ``of the House, ``and 
that he be excluded therefrom during the present Congress.'' The 
minority say:

  One of the most important privileges of the House undoubtedly is the 
immunity of its Members from all influences that would warp their 
deliberations. The Members of the House discuss the matters that come 
before them not only publicly, as in open debate, but also in 
conversation among themselves. Exemption from external influence is 
intended to be secured by excluding others than Members from the floor 
of the House. Is it not clear that the entrance of a stranger, admitted 
not of right, but by courtesy, who for days and weeks is actively 
engaged in lobbying, is a clear violation of this privilege? It is also 
the duty of the House to protect itself from scandal. Its integrity, 
honor, and good fame should be held to be sacred. Can it be so regarded 
and esteemed when that universal servitor and censor, the press of the 
country, publishes broadcast the news that lobbying is carried on open 
y on its floor and during its deliberations?
-----------------------------------------------------------------------
  \1\ First session Forty-eighth Congress, House Report No. 2136.
Sec. 7288
  When the report was presented in the House on July 3,\1\ Mr. Hammond 
moved to lay the whole subject on, the table. After debate this motion 
was agreed to, yeas 137, nays 72.
  7288. An ex-Member who was abusing the privileges of the floor was 
excluded by direction of the Speaker.--On March 12, 1900,\2\ the House 
was considering the contested-election case of Richard A. Wise v. W. A. 
Young, of Virginia. During the debate Mr. James D. Richardson, of 
Tennessee, made the point of order that an ex-Member of the House, who, 
as such, was entitled to the privileges of the floor, was abusing that 
privilege by prompting gentlemen in debate, handing to them papers, 
etc. Mr. Richardson also called attention to the fact that once before 
during the debate complaint had been made that this ex-Member, who was 
a brother of the contestant, had interrupted in debate.
  After debate the Speaker inquired whether or not the ex-Member 
referred to, Mr. John S. Wise, was attorney of record in the pending 
case.
  An affirmative answer having been given to this question, the Speaker 
\3\ said:

  The Chair will rule on the case. From a hasty examination, and from 
the recollection of such matters which the Chair has, it is usual to 
appoint a select committee to ascertain the question of facts. The law, 
under the rule, is explicit. Among those who are mentioned as entitled 
to admission to the floor are included the following:
  ``Ex-Members of the House of Representatives who are not interested 
in any claim or directly in any bill pending before Congress.''
  The Chair thinks that the term ``claim'' or ``bill'' would apply to a 
contested election case before Congress. He thinks that it is the 
intention of the rule, and if the record shows a state of facts which a 
select committee would have to ascertain, the Chair thinks that it 
would be his duty to act without waiting for the action of a select 
committee.
  The custom has been, the practice has been, to appoint a select 
committee to investigate such matters and report to the House. But when 
it appears that an ex-Member of Congress is the attorney of record in a 
case pending before the House, it seems to the Chair that action should 
be taken at once, especially when the case is pending and up for 
consideration; and in justice to the House and the dignity of the House 
and every element of fair play, while the Chair has not been able to 
find a precedent for the Chair's ruling before the appointment and 
report of a select committee, still the law does not expect unnecessary 
things to be done; and as it is conceded on the floor that Mr. John S. 
Wise is attorney of record, the Chair will hold that he must not occupy 
a place on this floor, subject to an appeal from this decision by the 
House. No appeal being demanded, the Doorkeeper is instructed to 
exclude Mr. John S. Wise from the floor until this question is disposed 
of.

  7289. The meaning of the rule relating to admission to the floor has 
been interpreted by a committee.--On January 27, 1887, Mr. James D. 
Richardson, of Tennessee, from the Select Committee on Admissions to 
the Floor, submitted a report \4\ in which was discussed the meaning of 
the words of Rule XXXIV, which forbids the privileges of the floor to 
``ex-Members of the House of Representatives who are not interested in 
any claim or directly in any bill pending before Congress.'' The 
committee came to the conclusion that the words did not call for the 
exclusion of an ex-Member who, as attorney for a bill, had simply an 
attorney's interest in caring for the interests of his clients. The 
committee made
-----------------------------------------------------------------------
  \1\ First session Forty-eighth Congress, Journal, p. 1646; Record, 
pp. 5969-5977.
  \2\ First session Fifty-sixth Congress, Record, p. 2792; Journal, p. 
338.
  \3\ David B. Henderson, of Iowa, Speaker.
  \4\ Second session Forty-ninth Congress, House Report No. 3798.
                                                            Sec. 7290
a distinction, however, in the case of those attorneys who prosecuted 
claims for acontingent fee. Such were not entitled to admission to the 
floor under the rule.
  The committee recommended that the words in question be stricken from 
the rule and that the following be substituted:

  Ex-Members of the House of Representatives who are not interested 
personally, nor as attorneys or agents, in any claim or bill pending 
before Congress.\1\

  7290. The rule relating to admissions to the floor is construed 
broadly on the occasion of ceremonies.--On December 19, 1894 \2\ the 
House agreed to a resolution for the admission of the governor of New 
Hampshire and his staff to the floor of the House on December 20, at 
the time of the presentation of the statues of Webster and Stark. The 
Speaker \3\ in putting the motion said that the rule provided that the 
Speaker should not submit a motion for unanimous consent on this 
subject, but he considered that rule to apply to cases where the House 
was engaged in the transaction of ordinary business. But in these 
ceremonies it had been customary to admit the governors of States.
  7291. A register of persons other than Members who are entitled to 
the privileges of the floor was authorized in 1853.--On December 20, 
1853,\4\ the Speaker \5\ announced that he had directed the Doorkeeper 
to prepare a register for the names of those persons other than Members 
who were entitled to the privileges of the floor. But as question had 
been raised as to the authority of the Speaker to do this, he asked the 
sanction of the House. Whereupon it was,

  Ordered, That a book be provided by the Doorkeeper in which shall be 
registered the names of all persons other than Members of Congress who 
may apply for admission upon the floor of the House, setting forth by 
virtue of what position such privilege is claimed.\6\

  7292. It has been held that the rule relating to admission to the 
floor does not apply to joint sessions of the two Houses.--On February 
11, 1885,\7\ Mr. Benton McMillin, of Tennessee, offered this 
resolution:

  Resolved, That the Doorkeeper be directed to admit to the floor of 
the House ladies having tickets issued for the Members' gallery during 
the joint session for the count of the electoral vote.

  Mr. Goldsmith W. Hewitt, of Alabama, made the point of order that the 
resolution was not privileged, but being a change of the rule relating 
to admission to the floor should be referred to the Committee on Rules.
  The Speaker pro tempore \8\ overruled the point of order in 
accordance with the ruling of a former Speaker,\9\ and also on the 
ground that the rule referred to by
-----------------------------------------------------------------------
  \1\ This recommendation was not carried out, but in the Fifty-second 
and Fifty-third Congresses a provision to carry out the purpose was 
incorporated in the rule. Since the Fifty-third Congress the old form 
of the rule has been again in use.-
  \2\ Third session Fifty-third Congress, Record, p. 476.
  \3\ Charles F. Crisp, of Georgia, Speaker.
  \4\ First session Thirty-third Congress, Journal, p. 109; Globe, pp. 
68, 69.
  \5\ Linn Boyd, of Kentucky, Speaker.
  \6\ A register is now kept in the Speaker's room wherein all ex-
Members are required to sign their names to an obligation to observe 
the rules before receiving cards of admission.
  \7\ Second session Forty-eighth Congress, Journal, p. 516; Record, p. 
1528.
  \8\ Joseph C. S. Blackburn, of Kentucky, Speaker pro tempore.
  \9\ Speaker Randall, on February 9, 1881, admitted such a resolution 
``under the circumstances.'' (Third session Forty-sixth Congress, 
Journal, p. 358; Record, p. 1386.)
Sec. 7293
Mr. Hewitt did not apply to a joint meeting of the two Houses, but 
solely to a session of the House.
  7293. A special admission to the privileges of the floor is a rare 
honor.--On February 10, 1870,\1\ on motion of Mr. Nathaniel P. Banks, 
of Massachusetts, by unanimous consent, the privileges of the floor for 
a day were extended to John Kitts, born in Pennsylvania in 1762, and a 
soldier of the Revolution and war of 1812, who had seen the surrender 
of Cornwallis at Yorktown.
  7294. In a former Congress exclusion from the privileges of the floor 
was made a penalty for attempting to corrupt Members of Congress.--On 
March 24, 1870,\2\ Mr. John A. Logan, of Illinois, from the Committee 
on Military Affairs, which had investigated the sale of cadetships by 
Members of the House, reported a resolution, which, after modification, 
was agreed to as follows:

  Resolved, That in addition to the penalties now imposed by law, any 
person or persons who have been or may hereafter be proven guilty of 
having been engaged in corrupting or attempting to corrupt any Member 
of Congress, by directly or indirectly offering him any valuable 
consideration with a view of influencing his action in any matter 
pertaining to his official duties, shall hereafter be excluded from all 
privileges of the floor, committee rooms, clerks' rooms, and all 
galleries of the House of Representatives.

  7295. The Doorkeeper is required to clear the floor fifteen minutes 
before the hour of meeting of all persons not privileged to remain, and 
keep it cleared until ten minutes after adjournment.
  The Doorkeeper is to see that no one enters the room over the Hall of 
the House during the sittings.
  Present form and history of section 3 of Rule V.
  Section 3 of Rule V provides:

  He shall allow no person to enter the room over the Hall of the House 
during its sittings; and fifteen minutes before the hour of the meeting 
of the House each day he shall see that the floor is cleared of all 
persons except those privileged to remain, and kept so until ten 
minutes after adjournment.

  The portion of the rule requiring the floor to be cleared fifteen 
minutes before the hour of meeting was adopted March 31, 1869.\3\ When 
the rules were revised in 1880, the clause relating to the room over 
the Hall was added on motion of Mr. Joseph R. Hawley, of Connecticut, 
it being recalled by Mr. James A. Garfield, of Ohio, that not long 
before, during a session of the House, a man had stepped through one of 
the squares of glass.\4\ So careful was the House after this accident 
that for a time the key of the room was each day brought down and 
deposited with the Speaker. In the revision of 1890 \5\ the provision 
that the floor should be kept clear ten minutes after adjournment was 
added.
  7296. Persons not Members and not claiming to be Members have been 
permitted to address the House only in early and rare instances.--On 
October 26, 1807,\6\ during the balloting for the election of a Clerk, 
and after an
-----------------------------------------------------------------------
  \1\ Second session Forty-first Congress, Globe, p. 1191; Journal, p. 
298.
  \2\ Second session Forty-first Congress, Journal, p. 523; Globe, p. 
2197.
  \3\ First session Forty-first Congress, Globe, p. 396.
  \4\ Second session Forty-sixth Congress, Record, p. 557.
  \5\ First session Fifty-first Congress, Report No. 23.
  \6\ First session Tenth Congress, Annals, p. 784.
                                                            Sec. 7297
announcement had been made showing that Nicholas B. Vanzandt had a 
plurality of votes, but that there was no election. Mr. John Randolph, 
of Virginia, rising in his place, denounced Mr. Vanzandt as one who had 
in a previous Congress disclosed the secrets of the secret sessions of 
the House.
  Presently the Speaker laid before the House a letter from Mr. 
Vanzandt, who was present, asking permission to be heard at the bar of 
the House in order to disprove the assertions of the gentleman from 
Virginia.
  Mr. John Smilie, of Pennsylvania, hoped no order would be taken on 
the letter. He thought the request to be heard at the bar very 
extraordinary, and if listened to might form a dangerous precedent.
  The House then proceeded to another ballot for Clerk.'
  7297.\1\ On December 6, 1875,\2\ after the Speaker had been chosen, a 
question was pending concerning the certificate of a Member, and the 
Clerk was, by unanimous consent, permitted on a request put to the 
House through the Speaker, to address the House in explanation of his 
action in relation to the certificate.
  7298. On January 11, 1804,\3\ the House agreed to a resolution, yeas 
61, nays 49, that the agent or agents of the Virginia Yazoo Company be 
heard in person or by counsel at the bar of the House on Monday next. 
The same privilege was also given to the agent of the South Carolina 
Yazoo Company.
  And on January 16 Alexander Moultrie, agent of the South Carolina 
Yazoo Company, was heard at the bar of the House; and the said agent, 
being fully heard, withdrew from the bar.
  7299. On March 11, 1806,\4\ the Speaker laid before the House a 
letter and petition from Maj. Gen. Arthur St. Clair, praying to be 
heard at the bar of the House in support of his petition.
  On March 14 the House agreed to this resolution, reconsidering the 
action of the previous day, when the resolution was tabled:

  Resolved, That Maj. Gen. Arthur St. Clair be heard at the bar of the 
House in support of his claim.

  The next Monday was thereupon assigned for the hearing, but on that 
day it was--

  Resolved, That the order of the day to hear Arthur St. Clair at the 
bar of the House in support of his claim, be postponed indefinitely.

  7300. On February 12, 1808,\5\ Mr. Ezekiel Bacon, of Massachusetts, 
presented the memorial of Joseph Storey, who prayed that he might be 
admitted to the bar of the House to explain, as agent of the New 
England Mississippi Company, their rights and state their claims.
  Mr. Bacon also presented a resolution that the prayer be granted and 
setting a time for a hearing. He said he had taken the form of the 
resolution from a prece-
-----------------------------------------------------------------------
  \1\ The Journal does not record this incident; and, in fact, does not 
mention the several ballotings, simply stating the election of a Clerk 
by ballot.
  \2\ First session Forty-fourth Congress, Record, p. 170.
  \3\ First session Eighth Congress, Journal, pp. 526, 538 (Gales & 
Seaton ed.); Annals, pp. 878, 887.
  \4\ First session Ninth Congress, Journal, pp. 315, 317, 320, 324 
(Gales & Seaton ed.); Annals, pp. 698, 779, 799.
  \5\ First session Tenth Congress, Journal, p. 175 (Gales & Seaton 
ed.); Annals, pp. 1601-1613.
Sec. 7301
dent, where, in the case of the South Carolina Company, Mr. Moultrie 
had been heard at the bar in support of their claim.
  After debate, the resolution was negatived, 28 yeas to 76 nays.
  7301. On January 10, 1878,\1\ a resolution was offered in the Senate 
to the effect that at a certain day, during the session of the Senate, 
certain women might appear in the Senate Chamber and be heard before 
the Senate on the subject of woman suffrage. The proposition was 
opposed on the ground that such a proceeding would be contrary to the 
practice of the Senate since 1792, as well as upon the ground that if 
one class were heard all other petitioners might claim the same right. 
The resolution was disagreed to, yeas 13, nays 31.
  On the same day a similar proposition was objected to in the 
House.\2\ On January 14 \3\ the resolution was brought to a vote in the 
House and was disagreed to, yeas 106, nays 141.
  7302. The Speaker is required to set aside a portion of the west 
gallery for the use of the President, members of his Cabinet, Justices 
of the Supreme Court, and foreign ministers and suites, and their 
respective families.
  The Speaker is required to set aside a portion of the west gallery 
for persons admitted on the cards of Members.
  A portion of the east gallery is assigned to the use of families of 
Members, the Speaker issuing a card to each Member for his family and 
visitors.
  The Speaker controls one bench in the gallery assigned to the 
families of Members.
  Present form and history of Rule XXXV.
  Rule XXXV provides:

  The Speaker shall set aside a portion of the west gallery for the use 
of the President of the United States, the members of his Cabinet, 
Justices of the Supreme Court, foreign ministers and suites, and the 
members of their respective families, and shall also set aside another 
portion of the same gallery for the accommodation of persons to be 
admitted on the card of Members. The southerly half of the east gallery 
shall be assigned exclusively for the use of the families of Members of 
Congress, in which the Speaker shall control one bench, and on request 
of a Member the Speaker shall issue a card of admission to his family, 
which shall include their visitors, and no other person shall be 
admitted to this section.

  This rule is as reported in the revision of 1880, when it was a new 
rule, designed to secure gallery accommodations for members of State 
governments, delegations from boards of trade, etc., as well as for the 
families of Members.\4\ Previous to 1857 foreign ministers were 
entitled to the privileges of the floor as at present; but in that year 
the select committee appointed to arrange the occupation of the new 
Hall of the House set apart a diplomatic gallery, a press gallery, and 
a ladies' gallery.\5\
-----------------------------------------------------------------------
  \1\ Second session Forty-fifth Congress, Record, pp. 267, 268, 269.
  \2\ Record, p. 270.
  \3\ Record, p. 320; Journal, p. 193.
  \4\ Second session Forty-fifth Congress, Record, p. 203.
  \5\ First session Thirty-fifth Congress, Globe, pp. 170, 171.
                                                            Sec. 7303
  7303. In times of great interest the House sometimes makes a special 
rule for admission to the galleries.--On April 6, 1898,\1\ Mr. David B. 
Henderson, of Iowa, from the Committee on Rules, reported, and the 
House adopted this resolution:

  Resolved, That until otherwise ordered by the Speaker there be issued 
daily by the Doorkeeper to each Representative and Delegate two tickets 
to the galleries of the House, and the Doorkeeper is hereby authorized 
and directed to reserve sufficient space to accommodate the holders 
thereof.
  During the pendency of this order the rules as to the Members' family 
and the visitors' galleries are suspended.

  On January 26, 1792,\2\ it being desired, during discussion in 
Committee of the Whole, that the galleries be cleared for discussion of 
a matter contained in a confidential communication of the President, it 
was decided that the House and not the Committee should do this, so the 
committee rose for the purpose of having the House close the galleries.
  7304. Stenographers and reporters other than the official reporters 
are admitted by the Speaker to the gallery over the Speaker's chair 
under such regulations as he may prescribe.
  Representatives of certain specified news associations are admitted 
to the floor of the House under regulations prescribed by the Speaker.
  Present form and history of section 2 of Rule XXXVI.
  Section 2 of Rule XXXVI provides:

  Stenographers and reporters, other than the official reporters of the 
House, wishing to take down the debates and proceedings, may be 
admitted by the Speaker to the reporters' gallery over the Speaker's 
chair, under such regulations as he may, from time to time, prescribe; 
and he may assign one seat on the floor to Associated Press reporters, 
one to the Sun Press Association, and one to the Scripps-McRae League, 
and regulate the occupation of the same. And the Speaker may admit to 
the floor, under such regulations as he may prescribe, one additional 
representative of each press association.

  Except for certain amendments caused by changes in the news 
associations,\3\ and by an increase of the number of persons permitted 
to each association, this rule is as adopted in the revision of 
1880.\4\
  It was taken from old rule 135, which dated from December 23, 
1857,\5\ and was a portion of a report made by Mr. Charles J. Faulkner, 
of Virginia, from a select committee in relation to accommodations in 
the new Hall of the House.
  7305. At first the Representatives of the press were admitted to the 
floor, but later the present practice of assigning to them the use of a 
gallery under certain regulations was adopted.
  Representatives of the press have been admitted by permission of the 
Speaker.
-----------------------------------------------------------------------
  \1\ Second session Fifty-fifth Congress, Record, pp. 3634, 3635.
  \2\ First session Second Congress, Annals, p. 348.
  \3\ The last change was January 22, 1902 (first session Fifty-seventh 
Congress, Record, p. 870).
  \4\ Second session Forty-sixth Congress, Record, p. 207.
  \5\ First session Thirty-fifth Congress, Journal, p. 116; Globe, pp. 
170, 171.
Sec. 7306
  On March 1, 1838,\1\ Mr. Abraham Rencher, of North Carolina, by 
consent, offered the following resolutions:

  Resolved, That the Doorkeeper be required to execute strictly the 
thirteenth and fourteenth rules of the House relative to the privilege 
of the Hall.
  Resolved, That no person shall be allowed the privilege of the Hall 
under the character of stenographer without a written permission from 
the Speaker, specifying the part of the Hall assigned to him.

  Mr. Waddy Thompson, jr., of South Carolina, moved to amend the second 
resolution by adding the following:

  And no reporter or stenographer shall be admitted, under the rules of 
the House, unless such reporter or stenographer shall state, in 
writing, for what paper or papers, he is employed to report.

  This amendment was agreed to, and the resolutions as amended were 
then agreed to.
  7306. On December 14, 1852,\2\ to remedy an abuse that had been 
increasing, the House adopted a rule that no reporter or stenographer 
should be admitted to the floor of the House except the condition that 
he should not be a claim agent should be a part of the written 
permission given by the Speaker. At that time there were 22 seats for 
reporters on the floor, exclusive of those occupied by city reporters.
  7307. The committee appointed to examine the new Hall of 
Representatives reported on December 14, 1857,\3\ in favor of giving to 
the reporters of the public press the gallery over the Speaker's desk 
and the room behind it.
  Mr. Speaker Orr assigned them to the gallery, although some 
suggestions were made that they continue on the floor.\4\
  7308. On December 23, 1857,\5\ when the new Hall of the House was 
first occupied by the House, Mr. Charles J. Faulkner, of Virginia, from 
a select committee appointed on the subject, made a report assigning 
the reporters to the gallery over the Speaker's desk and continuing the 
restrictions in regard to reporters acting as claim agents, etc., and 
requiring them to make their applications in writing:

  Stenographers and reporters other than the official reporters of the 
House wishing to take down the debates may be admitted by the Speaker 
to the reporters' gallery over the Speaker's chair, but not on the 
floor of the House; but no person shall be allowed the privilege of 
said gallery under the character of stenographer or reporter without a 
written permission of the Speaker, specifying the part of said gallery 
assigned to him; nor shall said stenographer or reporter be admitted to 
said gallery unless he shall state in writing for what paper or papers 
he is employed to report; nor shall he be so admitted or, if admitted, 
be suffered to retain his seat if he shall be or become an agent to 
prosecute any claim pending before Congress; and the Speaker shall give 
his written permission with this condition.

  7309. On February 26, 1866,\6\ the House voted that the Speaker 
should assign a desk on the floor of the House to the reporter of the 
Associated Press.
  7310. On April 3, 1878,\7\ the House agreed to a rule admitting 
newspaper correspondents to the lobby. This rule was rescinded later, 
however, and although
-----------------------------------------------------------------------
  \1\ Second session Twenty-fifth Congress, Journal, p. 510; Globe, p. 
203.
  \2\ Second session Thirty-second Congress, Journal, pp. 44, 45; 
Globe, p. 52.
  \3\ First session Thirty-fifth Congress, Globe, p. 32.
  \4\ Globe, pp. 59, 60.
  \5\ First session Thirty-fifth Congress, Journal, p. 117; Globe, p. 
170.
  \6\ First session Thirty-ninth Congress, Journal, p. 330; Globe, p. 
1032.
  \7\ Second session Forty-fifth Congress, Journal, p. 788; Record, p. 
2236.
                                                            Sec. 7311
the practice was revived in the Fifty-second and Fifty-third 
Congresses, it was definitely abandoned in 1895, at the beginning of 
the Fifty-fourth Congress.
  7311. To obviate the necessity of clearing the galleries the Senate 
authorized the Sergeant-at-Arms to arrest any person disturbing the 
proceedings.--On February 21, 1866,\1\ on motion of Mr. John Sherman, 
of Ohio, the Senate adopted a resolution instructing the Sergeant-at-
Arms to arrest without further order any person found disturbing the 
proceedings by evidences of applause or dissent in the gallery. This 
was done to obviate the necessity of clearing the galleries, a process 
which punished the innocent with the guilty.
  7312. The care, preservation, and orderly keeping of the House wing 
of the Capitol devolve on the Superintendent under regulations 
prescribed by the Speaker.
  The electrician and laborers connected with the lighting, heating, 
and ventilating of the House are under direction of the Superintendent, 
subject to the control of the Speaker.
  No work of art not the property of the Government shall be exhibited 
in the Capitol, and no room shall be used for private studios without 
permission of the Joint Committee on the Library.
  No intoxicating liquors may be sold within the Capitol.
  The Speaker and President of the Senate have discretion as to the use 
of the Capitol grounds for processions, assemblies, music, and speeches 
on occasions of national interest.
  General provisions of the statutes as to concerts, operation of 
street cars, delivery of fuel, and landscape features of the Capitol 
grounds.
  The care, preservation, and orderly keeping of the south wing of the 
Capitol devolves upon the Superintendent of the Capitol Building and 
Grounds, under regulations prescribed by the Speaker.\2\ Since 1869 the 
leasing and regulation of the House restaurant has been under charge of 
the Committee on Public Buildings and Grounds.\3\ The electrician and 
all laborers connected with the lighting, heating, and ventilating of 
the House are under the direction of the Superintendent subject to the 
control of the Speaker.\4\ No work of art or manufacture not the 
property of the United States shall be exhibited in Statuary Hall, the 
corridors, or the Capitol generally, nor shall any room in the Capitol 
be used for private studios or works of art without written permission 
from the Joint Committee on the Library. The Superintendent is charged 
with the enforcement of this law.\5\
  No intoxicating liquors of any character shall be sold within the 
limits of the Capitol building of the United States.\6\ The statutes 
\7\ also forbid violent driving, heavy teaming, except in the 
Government service, the exposure of articles for sale,
-----------------------------------------------------------------------
  \1\ First session Thirty-ninth Congress, Globe, p. 957.
  \2\ 4 Stat. L., p. 266; 19 Stat. L., p. 147.
  \3\ First session Forty-first Congress, Journal, p. 201. See second 
session Forty-fifth Congress, Record, p. 10, for statement as to former 
control of restaurant by the Speaker.
  \4\ 21 Stat. L., p. 388.
  \5\ 18 Stat. L., p. 376; 20 Stat. L., p. 391.
  \6\ 32 Stat. L., p. 1221.
  \7\ 22 Stat. L., pp. 126, 127.
Sec. 7313
the soliciting of alms, the discharge of firearms, the utterance of 
loud or abusive language, the making of any harangue or oration, or 
parading or moving in procession on the Capitol grounds; but to permit 
the due observance of occasions of national interest the Speaker and 
President of the Senate, acting concurrently,\1\ may suspend so much of 
these prohibitions as relate to processions and assemblages, and the 
use of suitable decorations, music, addresses, and ceremonies. The use 
of the Rotunda of the Capitol building has been controlled by 
concurrent resolution of the two Houses.\2\ No change in the 
architectural features of the Capitol or the landscape features of the 
Capitol grounds may be made except on plans approved by Congress.\3\ 
Fuel is delivered under direction of the Superintendent of the Capitol 
Building and Grounds.\4\ Concerts are held on Capitol grounds under 
direction of the Superintendent of the Capitol Building and Grounds.\5\ 
The operation of certain street cars on the grounds is under direction 
of the Superintendent of the Capitol Building and Grounds.\6\ The use 
of rooms in the Capitol not belonging strictly to either wing has been 
controlled by statute.\7\
  Laws of the District of Columbia for the preservation of the public 
peace are extended to the Capitol square upon the application of the 
presiding officer of either House.\8\
  7313. The use of the Rotunda of the Capitol is controlled by 
concurrent action of the two Houses.--On March 31, 1882,\9\ the House 
and Senate agreed to the following concurrent resolution:

  Resolved (the Senate concurring), That the use of the Rotunda and 
rooms immediately adjacent be granted to the ladies of the National Aid 
Association for the Garfield Memorial Hospital on the first Saturday in 
May to hold a reception, the object being to raise funds for the 
current expenditures of the association.

  7314. History of the Congressional Cemetery.--The Congressional 
Cemetery originally belonged to the members of Christ's Church. In 1816 
the vestry voted to assign 100 sites of the burial ground for the 
interment of Members of Congress. Since that time the cemetery has been 
called the Congressional Cemetery. Congress appropriated a sum to 
enable the parish to inclose the cemetery with a brick wall, and the 
parish added 300 burial sites to those already laid aside for Members 
of Congress. Congress also added to the cemetery additional squares of 
land, which was disposed of in 1850. A few years later Congress gave 
another square. Since the introduction of railroads Members of Congress 
dying in Washington have almost always been taken to their homes for 
burial.
-----------------------------------------------------------------------
  \1\ In the absence of either of these officers the authority devolves 
on the other, and in the absence of both, on the Capitol Police 
Commission.
  \2\ First session Forty-seventh Congress, Journal, pp. 951, 952.
  \3\ 32 Stat. L., p. 20.
  \4\ 31 Stat L., p. 612.
  \5\ 31 Stat. L., p. 613.
  \6\ 31 Stat. L., p. 669.
  \7\ 31 Stat. L., p. 719. See also first session Forty-seventh 
Congress, Record, p. 767, for legislation directing certain changes in 
the House wing.
  \8\ Revised Statutes, section 1819.
  \9\ First session Forty-seventh Congress, Journal, pp. 951, 952.
                                                            Sec. 7315
  Apparently the only important legislation \1\ on the subject of this 
cemetery was in 1876, when Congress passed a law \2\ providing that 
whenever a Senator or Member of the House should be actually interred 
in the cemetery, the Sergeant-at-Arms of the House to which he belonged 
should have erected a granite monument suitably inscribed, the cost to 
be defrayed from the contingent fund.\3\
  7315. All documents referred to committees or otherwise disposed of 
are printed unless otherwise specially ordered.
  Unless ordered by the House, no bill, resolution, or other 
proposition reported by a committee shall be printed unless placed on 
the Calendar.
  Motions to print additional numbers of a bill, report, resolution, or 
document shall be referred to the Committee on Printing, and the report 
thereon must be accompanied by an estimate of cost.
  Present form and history of Rule XLV.
  Rule XLV provides:

  1. All documents referred to committees or otherwise disposed of 
shall be printed unless otherwise specially ordered.
  2. Motions to print additional numbers of any bill, report, 
resolution, or other public document shall be referred to the Committee 
on Printing, and the report of the committee thereon shall be 
accompanied by an estimate of the probable cost thereof. Unless ordered 
by the House, no bill, resolution, or other proposition reported by a 
committee shall be reprinted unless the same be placed upon the 
Calendar. Of bills which have passed the Senate, and of House bills as 
amended by the Senate, when referred in the House, there shall be 
printed 400 copies.

  Section 1 of this rule dates from the revision of 1890.\4\ Section 2 
was the former rule regulating the number, etc., of bills printed by 
order of the House, and in the Fifty-fourth Congress was modified to 
meet the requirements of a new law relating to printing.\5\
  7316. The statutes define the term ``public document,'' and provide 
for the division of documents among Members and the distribution 
thereof.--By the statutes of the United States the term ``public 
document'' is defined to be all publications printed by order of 
Congress or either House thereof.\6\
  The division of documents among Members is provided for by law. A 
retiring Member not drawing his documents prior to the convening of the 
succeeding Congress forfeits them to his successor.\7\
-----------------------------------------------------------------------
  \1\ First session Forty-fourth Congress, Record, p. 2355, April 10, 
1876.
  \2\ 19 Stat. L., p. 54.
  \3\ At the second session Fifty-first Congress (House Report No. 
3645) and second session Fifty-third Congress (House Report No. 1214) 
reports were made on bills to allow the sale of sites in the cemetery. 
These reports give a history of the cemetery. (Also see Report No. 413, 
second session Fifty-fifth Congress.) In 1902, the Speaker was 
requested to sanction the interment of the body of a person not a 
Member of Congress. He could find no authority enabling him to give the 
permit. A complete history of the cemetery is found in Senate Document 
No. 72, second session Fifty-ninth Congress. The funeral expenses of 
deceased Members are usually paid by Congress, the custom apparently 
dating from 1802. (First session Seventh Congress, Journal, pp. 168, 
169.)
  \4\ House Report No. 23, first session Fifty-first Congress.
  \5\ 28 Stat. L., p. 609. (See also 33 Stat. L., p. 610.)
  \6\ First session Forty-third Congress, Session Laws, p. 237.
  \7\ 28 Stat. L., p. 612.
Sec. 7317
  A Member is entitled to the binding in half morocco, or material no 
more expensive, of one copy of each public document.\1\
  No Government publications may be delivered to officers or employees 
of Congress except for the use of Members, unless authorized by law or 
upon requisition approved by the Joint Committee on Printing.\1\
  Bound copies of the Journal are distributed from the document 
room.\2\
  7317. General provision of the statutes relating to printing of 
memorial addresses, drawings, maps, etc., and editing of documents.--
All drawings, maps, charts, etc., which may come before the House for 
engraving, lithographing, or publishing in any way, are referred to the 
Committee on Printing, and, if published, are published by direction of 
that committee.\3\
  If at any time there is no Joint Committee on Printing the duties and 
powers conferred on it by law \4\ are exercised by the committee in 
existence in either House.\5\
  The Joint Committee on Printing appoint a competent person to edit 
such portions of the reports and documents accompanying the annual 
message of the President, or made directly to Congress, as are suitable 
for popular distribution.\6\
  Memorial addresses are printed in accordance with the provisions of 
the general law.\7\
  By the act of January 12, 1895, and subsequent amendments thereto,\8\ 
the subject of the printing and distribution of documents is fully 
provided for.\9\
  7318. The statutes provide specifically for the number of public and 
private bills to be printed when they are introduced, when reported, 
etc., and the distribution thereof.
  The printing and distribution of documents and reports are 
specifically regulated by statute.
  The law of January 12, 1895,\10\ provides specifically for the 
printing of bills, the method of ordering printing by the House, and 
the printing of documents:

  Sec. 53. The Public Printer shall examine closely the orders of the 
Senate and House for printing, and in case of duplication he shall 
print under the first order received.
  Sec. 54. Whenever any document or report shall be ordered printed by 
Congress, such order to print shall signify the ``usual number'' of 
copies for binding and distribution among those entitled to receive 
them. No greater number shall be printed unless ordered by either 
House, or as hereinafter provided. When a special number of a document 
or report is ordered printed, the usual number shall also be printed, 
unless already ordered. The usual number of documents and reports shall 
be one thousand six hundred and eighty two copies, which shall be 
distributed as follows:
-----------------------------------------------------------------------
  \1\ 28 Stat. L., p. 624.
  \2\ 28 Stat. L., p. 609.
  \3\ Revised Statutes, section 3779.
  \4\ 28 Stat. L., p. 601.
  \5\ 28 Stat. L., p. 962.
  \6\ 28 Stat. L., pp. 616, 617.
  \7\ 28 Stat. L., p. 616.
  \8\ See the following sections of this chapter for amendments to the 
general printing law.
  \9\ See 28 Stat. L., pp. 601-624. As early as 1801 (first session 
Seventh Congress, Journal, p. 20) a proposition was made that the House 
appoint a printer. In 1819 the law provided for regulation of the 
public printing, and the election of a printer for each House by 
ballot. (3 Stat. L., p. 538.) In 1860 a Government printing 
establishment was authorized. (12 Stat. L., p. 117.)
  \10\ 28 Stat. L., pp. 601-624, as amended by the act of January 20, 
1905 (33 Stat. L., p. 610).
                                                            Sec. 7318
  This distribution is in tabulated form as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                             House      Senate
                                                                                           documents   document
                                 Places of distribution.                                      and         and
                                                                                           reports.    reports.
----------------------------------------------------------------------------------------------------------------
Unbound:
    Senate document room................................................................         150         220
    Office Secretary of Senate..........................................................          10          10
    House document room.................................................................         420         360
    Clerk's Office of House.............................................................          20          10
Bound:
    Senate Library......................................................................          15          15
    Library of Congress.................................................................          52          52
    House Library.......................................................................          15          15
    Superintendent of Documents \1\.....................................................         500         500
Reserved in unstitched form to be bound on order of Members, etc........................         500         500
                                                                                         -----------------------
    Total ``usual number''..............................................................       1,682       1,682
----------------------------------------------------------------------------------------------------------------
\1\ This quota is for distribution to State and Territorial libraries and designated depositories, and by
  section 4 of act of March 1, 1907 (34 Stat. L.), the Public Printer has a discretion as to the distribution.

  That hereafter the usual number of reports on private bills, 
concurrent or simple resolutions, shall not be printed. In lieu thereof 
there shall be printed of each Senate report on a private bill, simple 
or concurrent resolution, three hundred and forty-five copies, which 
shall be distributed as follows: To the Senate document room, two 
hundred and twenty copies; to the Secretary of the Senate, fifteen 
copies; to the House document room, one hundred copies; to the 
Superintendent of Documents, ten copies; and of each House report on a 
private bill, simple or concurrent resolution, two hundred and sixty 
copies, which shall be distributed as follows: To the Senate document 
room, one hundred and thirty-five copies; to the Secretary of the 
Senate, fifteen copies; to the House document room, one hundred copies; 
to the Superintendent of Documents, ten copies: Provided, That nothing 
contained in this act shall be construed to prevent the binding of all 
Senate and House reports in the reserve volumes bound for and delivered 
to the Senate and House libraries: Provided, That not less than twelve 
copies of each report on bills for the payment or adjudication of 
claims against the Government shall be kept on file in the Senate 
document room.
  Sec. 55. There shall be printed of each Senate and House public bill 
and joint resolution six hundred and twenty-five copies, which shall be 
distributed as follows: To the Senate document room, two hundred and 
twenty-five copies; office of Secretary of Senate, fifteen copies; 
House document room, three hundred and eighty-five copies. There shall 
be printed of each Senate private bill, when introduced, when reported, 
and when passed, three hundred copies, which shall be distributed as 
follows: To the Senate document room, one hundred and seventy copies; 
to the Secretary of the Senate, fifteen copies; to the House document 
room, one hundred copies; to the superintendent of documents, ten 
copies. There shall be printed of each House private bill, when 
introduced, when reported, and when passed, two hundred and sixty 
copies, which shall be distributed as follows: To the Senate document 
room, one hundred and thirty-five copies; to the Secretary of the 
Senate, fifteen copies; to the House document room, one hundred copies; 
to the Superintendent of Documents, ten copies. The term ``private 
bill'' shall be construed to mean all bills for the relief of private 
parties, bills granting pensions, bills removing political 
disabilities, and bills for the survey of rivers and harbors. All bills 
and resolutions shall be printed in bill form, and, unless specially 
ordered by either House, shall only be printed when referred to a 
committee, when favorably reported back, and after their passage by 
either House. Of concurrent and simple resolutions, when reported, and 
after their passage by either House, only two hundred and sixty copies 
shall be printed, except by special order, and the same shall be 
distributed as follows: To the Senate document room, one hundred and 
thirty-five copies; to the Secretary of the Senate fifteen copies; to 
the House document room, one hundred copies; to the Superintendent of 
Documents, ten copies.
Sec. 7319
  Sec. 56. There shall be printed in slip form one thousand eight 
hundred and ten copies of public and four hundred and sixty of private 
laws, postal conventions, and treaties, which shall be distributed as 
follows: To the House document room, one thousand copies of public and 
one hundred copies of private laws; to the Senate document room, five 
hundred and fifty copies of public and one hundred copies of private 
laws; to the Department of State, five hundred copies of all laws; and 
to the Treasury Department, sixty of all laws. Postal conventions and 
treaties shall be distributed as private laws.

  7319. The Secretary of the Senate and Clerk of the House have a 
discretionary power to order the reprinting of bills, resolutions, 
documents, etc.
  Extra copies of bills may be ordered printed by simple resolution of 
the House if the cost does not exceed $500, or by concurrent resolution 
if the cost exceeds that sum.
  Self-appropriating orders for printing extra copies of bills, 
documents, etc., are required to be by joint resolution.
  Resolutions for printing extra copies of bills, documents, etc., are 
required to be referred to the Committee on Printing to be reported 
with estimates of cost.
  The Joint Committee on Printing may order printed extra copies of a 
bill, document, etc., at a cost of not to exceed $200 in any one 
instance.
  Limitation on the power of committees to order printing of hearings.
  The act approved March 1, 1907,1 amendatory of the general printing 
law, provides as follows as to the printing of extra copies:

  Par. 2. The Secretary of the Senate and the Clerk of the House of 
Representatives may order the reprinting in a number not exceeding one 
thousand copies of any pending bill or resolution, or any public law 
not exceeding fifty pages, or any report from any committee or 
Congressional commission on pending legislation not accompanied by 
testimony or exhibits or other appendices and not exceeding fifty 
pages, when the supply shall have been exhausted. The Public Printer 
shall require each requisition for reprinting to cite the specific 
authority of law for its execution.
  Par. 3. No committee of Congress shall be empowered to procure the 
printing of more than one thousand copies of any hearing or other 
document, which shall be germane thereto, for its use except by simple, 
concurrent, or joint resolution, as hereinafter provided.
  Par. 4. Orders for printing extra copies, otherwise than herein 
provided for, shall be by simple, concurrent, or joint resolution. 
Either House may print extra copies to the amount of five hundred 
dollars by simple resolution; if the cost exceeds that sum, the 
printing shall be ordered by concurrent resolution, except when the 
resolution is self-appropriating, when it shall be by joint resolution. 
Such resolutions, when presented to either House, shall be referred 
immediately to the Committee on Printing, who, in making their report, 
shall give the probable cost of the proposed printing upon the estimate 
of the Public Printer; and no extra copies shall be printed before such 
committee has reported: Provided, That the printing of additional 
copies may be performed upon orders of the Joint Committee on Printing, 
within a limit of two hundred dollars in cost in any one instance: And 
provided further, That nothing in this paragraph shall be held to 
contravene, the provisions of Public Resolution Numbered Eleven, 
approved March twenty-eighth, nineteen hundred and four.\2\
-----------------------------------------------------------------------
  \1\ 34 Stat. L. p. 1012.
  \2\ See 33 Stat. L., p. 584. This public resolution provided for the 
printing of certain numbers of the documents known as ``Special Report 
on the Diseases of the Horse ``and ``Special Report on the Diseases of 
Cattle,'' and further provided: ``The superintendent of documents is 
hereby authorized to order reprinted, from time to time, such public 
documents as may be required for sale, such order for reprinting to be 
subject to the approval of the Secretary or head of the Department in 
which such public document shall have originated,'' etc.
                                                            Sec. 7320
  Par. 5. The term ``extra copies'' as used herein shall be construed 
to mean copies in addition to the usual number as defined in the act 
providing for the public printing and binding and the distribution of 
public documents, approved January twelfth, eighteen hundred and 
ninety-five, and amendments thereto.

  7320. The statutes limit the printing of documents and reports.
  The Congressional order to print must expressly authorize the 
printing of illustrations which are parts of documents or reports.
  The act approved March 1, 1907,\1\ provides:

  Par. 6. Either House may order the printing of a document not already 
provided for by existing law, but only when the same shall be 
accompanied by an estimate from the Public Printer as to the probable 
cost thereof. Any Executive Department, bureau, board, or independent 
office of the Government submitting reports or documents in response to 
inquiries from Congress shall submit therewith an estimate of the 
probable cost of printing to the usual number. Nothing in this 
paragraph relating to estimates shall apply to reports or documents not 
exceeding fifty pages.

  Sections 73 and 80 of the law of January 12, 1895,\2\ provide:

  Sec. 73. The following reports required by law to be made to Congress 
shall not be printed unless the printing be recommended by the head of 
the Department making the same, and ordered by concurrent resolution of 
Congress, namely: Report of contracts for conveying the mails, report 
of fines and deductions in the Post-Office Department, the report of 
the Treasurer of accounts by him from time to time rendered to and 
settled with the First Comptroller, and the report of the proceedings 
of the annual meetings of the Board of Supervising Inspectors of Steam 
Vessels.
  Sec. 80. No document or report to be illustrated or accompanied by 
maps shall be printed by the Public Printer until the illustrations or 
maps designed therefor shall be ready for publication; and no order for 
public printing shall be acted upon by the Public Printer after the 
expiration of one year, unless the entire copy and illustrations for 
the work shall have been furnished within that period: Provided, This 
section shall not apply to orders heretofore made for the printing of a 
series of volumes on one subject.

  The law approved March 3, 1905,\3\ provides:

  No part of the appropriation made for printing and binding shall be 
used for any illustration, engraving, or photograph in any document or 
report ordered printed by Congress unless the order to print expressly 
authorizes the same.

  7321. Illustrations in documents or reports are printed only on 
express authorization of the House.--On December 13, 1905,\4\ Mr. 
Theodore E. Burton, of Ohio, proposed this resolution, but withdrew it 
later after objection:

  Resolved, That during the Fifty-ninth Congress the order of the House 
to print executive documents shall be held to authorize with such 
printing the engraving of drawings and maps, unless the Speaker shall, 
in the case of any document, otherwise direct.

  The sundry civil appropriation act of March 3, 1905,\5\ provided as 
follows:

  That hereafter no part of the appropriations made for printing and 
binding shall be used for any illustration, engraving, or photograph in 
any document or report ordered printed by Congress unless the order to 
print expressly authorizes the same.
-----------------------------------------------------------------------
  \1\ 34 Stat. L., p. 1013.
  \2\ 28 Stat. L., pp. 616, 621.
  \3\ 33 Stat. L., p. 1213.
  \4\ First session Fifty-ninth Congress, Record, p. 360.
  \5\ 33 Stat. L., p. 1213.
Sec. 7322
  This was a substitution of a permanent provision of law for a 
limitation which had been placed in a previous law.\1\
  7322. Stationery, blank books, and other papers necessary to 
legislation are furnished to the House and Senate and their committees 
on requisition of the Clerk of the House and Secretary of the Senate, 
respectively.--The act approved March 1, 1907,\2\ provides:

  Par. 8. Stationery, blank books, tables, forms, and other necessary 
papers preparatory to Congressional legislation, required for the 
official use of the Senate and the House of Representatives, or the 
committees and officers thereof, shall be furnished by the Public 
Printer upon requisition of the Secretary of the Senate and the Clerk 
of the House of Representatives, respectively. This shall not operate 
to prevent the purchase by the officers of the Senate and House of 
Representatives of such stationery and blank books as may be necessary 
for sale to Senators and Members in the stationery rooms of the two 
Houses as now provided by law.

  7323. Each Member is entitled to one bound copy of each public 
document to which he may be entitled.--The act of March 1, 1907,\2\ 
provides:

  Par. 9. Each Senator and Representative shall be entitled to the 
binding in half morocco, or material not more expensive, of but one 
copy of each public document to which he may be entitled, an account of 
which, with each Senator and Representative, shall be kept by the 
Secretary of the Senate and Clerk of the House, respectively.

  7324. The statutes governing the numbering in series and binding of 
House and Senate reports and documents.--The act of March 1, 1907,\3\ 
provides:

  That publications ordered printed by Congress, or either House 
thereof, shall be in four series, namely: One series of reports made by 
the committees of the Senate, to be known as Senate Reports; one series 
of reports made by the committees of the House of Representatives, to 
be known as House Reports; one series of documents other than reports 
of committees, the orders for printing which originate in the Senate, 
to be known as Senate Documents, and one series of documents other than 
committee reports, the orders for printing which originate in the House 
of Representatives, to be known as House Documents. The publications in 
each series shall be consecutively numbered in the order in which they 
are received, the number of each series continuing in unbroken sequence 
throughout the entire term of a Congress; but these provisions shall 
not apply to documents printed in confidence for the use of the Senate 
in executive session or to confidential hearings of committees. If the 
publication so ordered be an annual report or serial publication 
originating in or prepared by an Executive Department, bureau, office, 
commission, or board, it shall not be numbered in the document or 
report series of either House of Congress, but shall be designated by 
title, as hereinafter provided. Of all Department reports required by 
law to be printed, the usual number shall be printed concurrently with 
the departmental edition.
  In the binding of Congressional numbered documents and reports, and 
departmental publications furnished for distribution to State and 
Territorial libraries entitled by law to receive them, every 
publication of sufficient size on any one subject shall hereafter be 
bound separately, and receive the title suggested by the subject of the 
volume; and the others, if of a general public character, shall be 
arranged in convenient volumes and bound in a manner as directed by the 
Joint Committee on Printing; and those not of a general public 
character shall be delivered to the depositories in unbound form, and 
ten copies shall be bound and distributed as follows: To the Senate 
library, three copies; to the House library, three copies; the Library 
of Congress, three copies, and to the office of the Superintendent of 
Documents, one copy.
-----------------------------------------------------------------------
  \1\ 32 Stat. L., p. 1147.
  \2\ 34 Stat. L., p. 1013.
  \3\ 34 Stat. L., pp. 1013, 1014.
                                                            Sec. 7325
  7325. The statutes require the binding for the files of copies of 
bills and resolutions of each Congress.--Section 82 of the act of 
January 12, 1895,\1\ provides:

  Sec. 82. The Public Printer shall bind four sets of Senate and House 
of Representatives bills, joint and concurrent resolutions of each 
Congress, two for the Senate and two for the House, to be furnished him 
from the files of the Senate and House document room, the volumes when 
bound to be kept there for reference.

  7326. On February 4, 1880,\2\ the House agreed to a resolution, 
originally proposed by Mr. Alexander H. Stephens, of Georgia, providing 
that the Doorkeeper be instructed to have bound sets of bills and 
resolutions of the House and Senate, not exceeding ten sets for any 
session, two sets to be deposited in the document room and the 
remainder in the library of the House of Representatives.
  7327. The Joint Committee on Printing have power to regulate the 
printing of documents to the demand, within certain limits.--The act 
approved March 30, 1906,\3\ provides:

  That the Joint Committee on Printing is hereby authorized and 
directed to establish rules and regulations, from time to time, which 
shall be observed by the Public Printer, whereby public documents and 
reports printed for Congress, or either House thereof, may be printed 
in two or more editions, instead of one, to meet the public 
requirements: Provided, That in no case shall the aggregate of said 
editions exceed the number of copies now authorized or which may 
hereafter be authorized: And provided further, That the number of 
copies of any public document or report now authorized to be printed or 
which may hereafter be authorized to be printed for any of the 
Executive Departments, or bureaus or branches thereof, or independent 
offices of the Government may be supplied in two or more editions, 
instead of one, upon a requisition on the Public Printer by the 
official head of such Department or independent office, but in no case 
shall the aggregate of said editions exceed the number of copies now 
authorized, or which may hereafter be authorized: Provided further, 
That nothing herein shall operate to obstruct the printing of the full 
number of any document or report, or the allotment of the full quota to 
Senators and Representatives, as now authorized, or which may hereafter 
be authorized, when a legitimate demand for the full complement is 
known to exist.

  7328. Statutes relating to printing the laws for the use of House and 
Senate.--At the close of each session of Congress there are printed and 
bound for the use of the Senate 3,000 copies of the acts, joint 
resolutions of the session, treaties, and postal conventions; and for 
the use of the House 10,000 copies of the same. The publication has a 
complete alphabetical index prepared under the direction of the 
Department of State.\4\
  7329. The falsification of a House document was made the subject of 
examine ion by a select committee.--On December 10, 1840,\5\ the House 
created a select committee, with power to send for persons and papers, 
to ascertain whether a certain House document of the preceding session 
had been falsified. This committee reported on January 4, 1841, stating 
that the document had been falsified, and how, and by whom.
-----------------------------------------------------------------------
  \1\ 28 Stat. L., p. 622.
  \2\ Second session Forty-sixth Congress, Journal, p. 399; Record, p. 
699.
  \3\ 34 Stat. L., p. 826.
  \4\ Revised Statutes, sections 210, 3803, 3805, 3807, 3808; Laws, 
second session Forty-third Congress, p. 401. (18 Stat. L.)
  \5\ Second session Twenty-sixth Congress, Journal, pp. 28, 140; 
Globe, pp. 13, 79.
Sec. 7330
  7330. Public documents are distributed to Members in trust for the 
benefit of the people.--On February 19,1859,\1\ the House agreed to the 
following resolution reported from the select committee appointed to 
examine the conduct and accounts of the late Doorkeepers:

  Resolved, That all extra copies of books and documents printed by 
order of the House of Representatives, and divided equally among the 
Members of the House, are intended for gratuitous distribution to 
public libraries and among the people, and are given to Members, 
respectively, in trust for that purpose; and that any other use or 
disposition of the same is a violation of the trust aforesaid and an 
abuse which meets the unqualified disapprobation of this House.

  7331. The House has sometimes thanked organizations and individuals 
for public services.--The House, by simple resolution, on July 16, 
1861,\2\ extended its thanks to Gen. George B. McClellan and the 
officers and soldiers under his command, for their achievements in 
western Virginia.
  On July 22,\3\ in a similar manner, resolutions were agreed to giving 
the thanks of the House to the Sixth Massachusetts Regiment and to 
Pennsylvania troops.
  On July 1 \4\ the Eighth Massachusetts Regiment was thanked by the 
House.
  7332. On January 7, 1863,\5\ the House tendered its thanks to Gen. B. 
F. Butler for his administration in the Department of the Gulf.
  7333. The thanks of Congress have been bestowed in recognition of 
public services since the early days of the Government.--On February 
26, 1885,\6\ the House and Senate, by concurrent resolution, gave the 
thanks of Congress to Col. Thomas L. Casey and his assistants for their 
work in completing the Washington Monument.
  7334. December 4, 1794,\7\ the thanks of Congress were voted to 
Generals Wayne and Scott and their soldiers, and the President was 
asked to transmit this action.
  7335. The Thirteenth Congress \8\ recognized the achievements of the 
soldiers and sailors in the then existing war by the passage of joint 
resolutions giving the thanks of Congress to individuals by name, and 
to soldiers and sailors of certain commands generally; and requesting 
the President to cause commemorative medals to be struck and presented. 
These acts of Congress were done by joint resolutions, approved by the 
President of the United States.
  Previous to this the Twelfth Congress had requested the President to 
present gold medals and swords to officers for gallantry on land and 
sea, but did not give the thanks of Congress.\9\
-----------------------------------------------------------------------
  \1\ Second session Thirty-fifth Congress, Journal, p. 441; Globe, p. 
1160.
  \2\ First session Thirty-seventh Congress, Journal, p. 96, Globe, p. 
148.
  \3\ Journal, p. 125, 126; Globe, pp. 223, 224.
  \4\ Journal, p. 182.
  \5\ Third session Thirty-seventh Congress, Journal, pp. 152, 153.
  \6\ Second session Forty-eighth Congress, Journal, p. 667; Record, p. 
2200.
  \7\ Second session Third Congress, Journal, pp. 251, 252 (Gales and 
Seaton ed.).
  \8\ 3 Stat. L., pp. 245-249.
  \9\ 2 Stat. L., pp. 830, 831.
                                                            Sec. 7336
  The Eighth Congress, by joint resolution, recognized gallantry at 
Tripoli by extending the thanks of Congress, and requesting the 
President to present medals and swords.\1\
  The Seventh Congress,\2\ for gallantry of a naval officer, requested 
the President to present a sword. The joint resolution was approved by 
the President.
  The Sixth C