• Abstract and Figures
• Public Full-text

Ch. 31 § 13 DESCHLER-BROWN PRECEDENTS On Oct. 8, 1968, (11) the reading THE SPEAKER: The gentleman from of the Journal was interrupted by California moves to reconsider the vote numerous points of order of no on the motion to lay the appeal from the decision of the Chair on the table, quorum. A motion was made by and the gentleman from Oklahoma Mr. Brock Adams, of Washington, moves that that motion be laid on the and adopted by the House, that table. absent Members be sent for and MR. HOSMER: Mr. Speaker, I make a thereafter detained until the dis- point of order against the motion of the position of the pending business of gentleman from Oklahoma to lay my the day. This motion provoked motion on the table because that mo- some Members to express concern tion does not lie. THE SPEAKER: The Chair will state about their personal liberty and that a motion to lay on the table, on a rights. In this context, Mr. Robert motion to reconsider, is a recognized Taft, Jr., of Ohio, attempted to in- motion. terrupt the reading of the Journal The question is on the motion to lay with what he contended was a on the table. question of privilege, but which MR. HOSMER: Mr. Speaker, on that I Speaker John W. McCormack, of demand the yeas and nays. Massachusetts, determined not to The yeas and nays were ordered. properly raise a question of privi- . lege of the House in the form and So the motion to lay on the table was agreed to. manner argued, and consequently not in order at that time. From this ruling, Mr. Taft appealed. Mr. § 14. In General Carl Albert, of Oklahoma, moved the appeal be laid on the table Parliamentary inquiries are in which motion was successful. Mr. the nature of procedural questions Craig Hosmer, of California, then of the Chair, relating to the pend- moved to reconsider the vote on ing order of business. Compared the motion to table. to points of order, the raising of a MR. HOSMER: Mr. Speaker, I move to parliamentary inquiry is a rel- reconsider the vote on the motion to atively informal procedure. In con- lay the appeal from the Chair on the table. trast to points of order, no appeal MR. ALBERT: Mr. Speaker, I move will lie from the Chair’s response that the motion be laid on the table. to a parliamentary inquiry.(1) It is 11. 114 CONG. REC. 30214–16, 90th 1. See § 14.4, infra. See also 5 Hinds’ Cong. 2d Sess. [Calendar Day of Oct. Precedents §§ 6955, 8 Cannon’s 9, 1968]. Precdents §§ 3457. 12410 POINTS OF ORDER; PARLIAMENTARY INQUIRIES Ch. 31 § 14 within the discretion of the Chair should be offered,(10) and the like. whether to recognize Members for Subjects that may not be raised the purpose of propounding par- by way of a parliamentary inquiry liamentary inquiries.(2) Like include hypothetical questions,(11) points of order, however, par- a request for an advisory opin- liamentary inquiries are properly ion,(12) the effect of a vote about to submitted only to the Chair.(3) be taken,(13) the future exercise of And where an inquiry is directed the Chair’s power of recogni- to House procedure, the Chairman tion,(14) and the construction or of the Committee of the Whole meaning of language in a bill (15) may suggest that the inquiry be or in an amendment.(16) The Chair addressed to the Speaker when he may defer his response to a par- is presiding.(4) Similarly, the liamentary inquiry until he has Speaker may defer an inquiry time to research the applicable properly within the cognizance of precedents.(17) It is an improper the Member presiding over the use of a parliamentary inquiry to Committee of the Whole.(5) Where secure recognition for the limited both an inquiry and a point of purpose of making an inquiry, and order are directed to the Chair, then attempting to offer an the point of order, if timely, takes amendment,(18) or to debate the precedence.(6) merits of a pending proposition. Examples of subjects deemed suitable for parliamentary inquir- ies include the anticipated order Discretion of Chair of business,(7) the status of the Clerk’s progress in reading a doc- § 14.1 Recognition of Members ument which is before the for the purpose of pro- House,(8) the proper or accepted pounding parliamentary in- interpretation of a rule,(9) the order in which amendments 10. See § 14.10, infra. 11. See §§ 14.16, 14.17, infra. See also 2. See §§ 14.1, 14.2, 14.5, infra. See also Ch. 5, supra. 6 Cannon’s Precedents §§ 541. 12. See §§ 14.19, 14.33, infra. 3. See § 14.14, infra. 13. See § 14.20, infra. 4. See §§ 14.39, 14.43, infra. 14. See § 14.42, infra. 5. See §§ 14.40, 14.41, infra. 15. See § 14.18, infra. 6. See § 14.3, infra. 16. See §§ 14.18, 14.22, 14.35, infra, and 7. See § 14.7, infra. 6 Cannon’s Precedents § 254. 8. See § 14.12, infra. 17. See §§ 14.24–14.28, infra. 9. See §§ 14.6, 14.8, 14.44, infra. 18. See § 14.38, infra. 12411 Ch. 31 § 14 DESCHLER-BROWN PRECEDENTS quiries is within the discre- Is there any parliamentary proce- tion of the Chair. dure whereby these parliamentary in- quiries may be brought to a parliamen- On Sept. 11, 1968,(19) numerous tary conclusion? parliamentary inquiries were THE SPEAKER: The Chair will state posed to Speaker John W. McCor- that a parliamentary inquiry is a mat- ter of discretion with the Chair. The mack, of Massachusetts, who re- Chair knows that the gentleman from sponded as follows: Mississippi would want to preserve the right of any occupant of the Chair in MR. [L. MENDEL] RIVERS [of South Carolina]: Mr. Speaker, a parliamen- that respect. tary inquiry. § 14.2 Recognition for par- THE SPEAKER: The gentleman will state it. liamentary inquiries is with- MR. RIVERS: Mr. Speaker, as long as in the discretion of the these delaying tactics are observed, is Chair, who may decline to this preventing the military appropria- entertain an inquiry not rel- tion bill from being considered—to take evant to the immediately care of our fighting men? pending question. MR. [DURWARD G.] HALL [of Mis- ( ) souri]: Mr. Speaker, a further par- On June 8, 1972, 20 Speaker liamentary inquiry. Carl Albert, of Oklahoma, refused THE SPEAKER: The gentleman from to entertain a parliamentary in- Missouri will state the parliamentary quiry which did not relate to a inquiry. pending motion for the previous MR. HALL: Mr. Speaker, is the con- question on a conference report. ference report agreed to on the Speak- er’s desk, as agreed to by the other MR. [CARL D.] PERKINS [of Ken- body? tucky]: Mr. Speaker, I do want to point out that we have most important pro- THE SPEAKER: The Chair, in reply, visions affecting the Vocational Edu- will say that it has been returned from cational Act of 1963. Certain of those the Senate and is available. programs will expire unless the con- MR. [THOMAS G.] ABERNETHY [of ference report is adopted. Mississippi]: Mr. Speaker, a par- Mr. Speaker, I move the previous liamentary inquiry. question. THE SPEAKER: The gentleman will MR. [JOE D.] WAGGONNER [Jr., of state it. Louisiana]: Mr. Speaker, a parliamen- MR. ABERNETHY: I thank the Speak- tary inquiry. er. 20. 118 CONG. REC. 20339, 92d Cong. 2d 19. 114 CONG. REC. 26453–56, 90th Sess. Under consideration was the Cong. 2d Sess. See also 114 CONG. conference report on S. 659, the REC. 30214–16, 90th Cong. 2d Sess., higher education amendments of Oct. 9, 1968. 1972. 12412 POINTS OF ORDER; PARLIAMENTARY INQUIRIES Ch. 31 § 14 THE SPEAKER: Does the gentleman’s MR. KINDNESS: Mr. Chairman, may I parliamentary inquiry relate to the reserve my parliamentary inquiry and previous question? make it after the reading of the MR. WAGGONNER: Mr. Speaker, it amendments? does not relate to the vote on the pre- THE CHAIRMAN: Certainly, the gen- vious question. tleman may do that. THE SPEAKER: The question is on or- The Clerk will report the amend- dering the previous question. ments. The previous question was ordered. The Clerk read as follows: Amendments offered by Mr. Kind- Relative Precedence of Point of ness: Page 28, line 12, strike out Order and Parliamentary In- ‘‘but does not include a member of the uniformed services’’ and insert quiry ‘‘including any member of the uni- formed services’’. § 14.3 A timely point of order Page 30, line 12, strike out ‘‘and’’. takes precedence over a par- Page 32, line 3, strike out the pe- riod and insert ‘‘; and’’. liamentary inquiry, and the Page 32, after line 3, insert: ‘‘(10) reservation of a parliamen- ‘Secretary concerned’ has the same meaning as given such term in sec- tary inquiry gives no priority tion 101(5) of title 37. to that purpose, since rec- Page 35, line 2, strike out ‘‘or a ognition is within the discre- member of a uniformed service,’’. Page 38, line 14, immediately be- tion of the Chair. fore the period insert ‘‘or by reason While the Federal Employees’ of being a member of the uniformed services’’. Political Activities Act of 1977 Page 45, before line 8, insert the was being read for amendment following: under the five-minute rule in ‘‘(j) The preceding provisions of Committee of the Whole, on June this section shall not apply in the ( ) case of a violation by a member of a 7, 1977, 1 an amendment was uniformed service.

Load more

  58

Copy Link