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Recommit:

See "Motions To Recommit-Not in Order and When Not in
Order," pp. 689-692.

Reconsider:

See "Calendar Call, Motions To Reconsider During,” p. 700.

Reports and Reported Bills Placed on the Calendar:

See "Bills and Resolutions on Calendar," pp. 186-187; "Reports,” pp. 739-759.

Reservations of Objections:

See "Amendments to Bill on Call of Calendar," p. 186.

Special Order:

Bills, when reached on call of the Calendar, might be made a special order; see "Special Orders," pp. 792-797. Special Orders, Calendar of:

See "Special Orders," pp. 792–797.

Vote on Amendments by Yeas and Nays:

86

It is in order to request a yea and nay vote on an amendment to a bill during a call of the Calendar 8 whether under Rule VIII, during the Morning Hour or pursuant to a unanimous consent order.

Where the Call Begins:

87

The call of the Calendar under Rule VIII will commence at the beginning unless the Senate otherwise directs. When the Calendar is called under unanimous consent agreement for the consideration of unobjected-to bills, where no starting point is indicated, the call will commence with the first order of business on the Calendar. In one instance when the call began with a certain Calendar number, which was not the first bill, a motion to proceed to the consideration of a bill prior to such Calendar number was held to be in order, on a day other than Monday.89

88

When a bill on a call of the Calendar is passed over without prejudice, it is called in its order when the Calendar is

86 'See Sept. 27, 1949, 81-1, Record, p. 13331.

87 Apr. 17, 1922, 67-2, Record, p. 5617.
88 Feb. 19, 1923, 67-4, Record, pp. 3935–36.

again considered, without regard to a bill that was pending at the expiration of the Morning Hour.9

Rule IX has fallen into disuse, and for all practical purposes has become obsolete, which is quoted below:

Immediately after the consideration of cases not objected to upon the Calendar is completed, and not later than 2 o'clock if there shall be no special orders for that time, the Calendar of General Orders shall be taken up and proceeded with in its order, beginning with the first subject on the Calendar next after the last subject disposed of in proceeding with the Calendar; and in such case the following motions shall be in order at any time as privileged motions, save as against a motion to adjourn, or to proceed to the consideration of executive business, or questions of privilege, to wit:

First. A motion to proceed to the consideration of an appropriation or revenue bill.

Second. A motion to proceed to the consideration of any other bill on the Calendar, which motion shall not be open to amendment.

Third. A motion to pass over the pending subject, which if carried shall have the effect to leave such subject without prejudice in its place on the Calendar.

Fourth. A motion to place such subject at the foot of the Calendar. Each of the foregoing motions shall be decided without debate and shall have precedence in the order above named, and may be submitted as in the nature and with all the rights of questions of order.

92

91

An objection to the consideration of a bill under Rule VIII transfers it to the Calendar under Rule IX; "1 likewise, under the former practices of the Senate, a measure could be transferred to the Calendar under Rule IX upon the request of a Senator; "2 or by motion, it would be in order to have a bill transferred from the Calendar under Rule VIII to the Calendar under Rule IX, which motion is not debatable.93 A bill transferred from the Calendar under Rule VIII to Rule IX was subsequently on motion restored to its former position on the Calendar under Rule VIII." The call of the Calendar under Rule IX begins at 2 o'clock," consideration of the Calendar under Rule VIII

90

92

13

Jan. 20, 1886, 49-1, Record, p. 770.

Feb. 20, 1884, 48-1, Record, p. 1256; Feb. 19, 1907, 59-2, Record, pp. 3300, 3301. Jan. 29, 1908, 60-1, Record, p. 1277.

July 18, 1911, 62-1, Record, p. 3023; Mar. 24, 1924, 68-1, Journal, p. 229, Record, p. 4781.

"July 3, 1912, 62-2, Record, p. 8611.

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Mar. 12, 1884, 48-1, Record, p. 1795; Jan. 6, 1890, 51-1, Record, p. 393.

having terminated at the hour of 2 o'clock." In 1897, at the expiration of the Morning Hour, there being no unfinished business, the Calendar under Rule IX was laid before the Senate. The call under Rule VIII having been completed the Calendar under Rule IX was proceeded with until the expiration of the Morning Hour.

97

98

A call of the Calendar of General Orders prior to the hour of 2 o'clock is proceeded with under Rule VIII, but after that hour is governed by Rule IX.

CALENDAR DAY

See "Day," pp. 381-383.

CALL TO ORDER

See "Disorderly Language, Use of, in Debate, and Restrictions on," pp. 402-406.

CAMPAIGN EXPENDITURES

See also "Credentials and Oath of Office," pp. 365–379.

The consideration of a report of a special committee investigating campaign expenditures was held to be a privileged matter.99

Rule XLIII relative to political fund activity by officers and employees of the Senate provides:

No officer or employee whose salary is paid by the Senate may receive, solicit, be the custodian of, or distribute any funds in connection with any campaign for the nomination for election, or the election of any individual to be a Member of the Senate or to any other Federal office. This prohibition does not apply to any assistant to a Senator who has been designated by that Senator to perform any of the functions described in the first sentence of this paragraph and who is compensated at a rate in excess of $10,000 per annum if such designation has been made in writing and filed with the Secretary of the Senate. The Secretary of the Senate shall make the designation available for public inspection.

96 Mar. 7, 1884, 48-1, Record, p. 1677.

97

May 25, 1897, 55–1, Journal, p. 93, Record, p. 1226.

98 Apr. 1, 1908, 60-1, Record, p. 4219.

CENSURE

The Senate since 1789 has censured only a very few of its members. Such action is taken by the use of an order or Senate resolution after the consideration of evidence by a committee of the Senate. Any proposal to censure a Senator is considered "privileged business," and the Senate may proceed to its immediate consideration even without reference to a committee.

Cases of Censure:

The cases of censure of Senators include: Timothy Pickering, of Massachusetts;' Benjamin Tappan, of Ohio;" conflict between Senators Benjamin R. Tillman, of South Carolina, and John L. McLaurin of that State in 1902;3 Hiram Bingham of Connecticut, 1929;* Joseph R. McCarthy, of Wisconsin, in 1954; and Thomas Dodd, of Connecticut, in 1967.°

Debate by Senators Censured:

In the Bingham, McCarthy, and Dodd cases, all three Senators, against whom the resolutions of censure were

'The Senator from Massachusetts (Mr. Pickering) was censured for reading from confidential documents in the Senate in open session before the injunction of secrecy had been removed. (Dec. 31, 1810, 11-3, Journal, p. 535; Jan. 2, 1811, 11-3, Journal, p. 536.)

On May 10, 1844, the Senate adopted the following resolution by a vote of 35-7:

RESOLVED, That Benjamin Tappan, a Senator from the State of Ohio, in furnishing for publication in a newspaper documents directed by an order of the Senate to be printed in confidence for its use, has been guilty of a flagrant violation of the rules of the Senate and disregard of its authority. Then, by a vote of 39-3, they adopted a further resolution that in consideration of the acknowledgment and apology tendered by the said Benjamin Tappan for his said offense, no further censure be inflicted on him. See May 10, 1844, 28-1, Journal, p. 442.

The episode between Senators Thomas H. Benton, of Missouri, and Harry S. Foote, of Mississippi, in 1850, should be noted in a study of the censure cases. This occurred on April 17, 1850, 31st Congress, first session and is found on pages 290 and 490 of the Journal for that year.

1Feb. 22, 24, 27, and 28, 1902, 57–1, Journal, pp. 179, 180, 181, 185, Record, pp. 2031-90, 2103, 2124-30, 2195, 2203-07.

Sept. 30, 1929, 71-1, Journal, p. 149; Nov. 1 and 4, 1929, 71-1, Record, pp. 5063, 5113.

July 30, 1954, 83–2, Journal, p. 582, Record, pp. 12729–42; Aug. 2, 1954, 83-2, Journal, p. 593; Nov. 8-Dec. 2, 1954, 83-2, Record, pp. 15845-16392; see also proceedings for Apr. 8, 1952, 82-2, Record, pp. 3701-08.

*June 23, 1967, 90-1, Journal, p. 464.

97-344 0-74-14

directed, addressed the Senate without permission being asked or given.' In the Tillman-McLaurin case the Senators involved were prohibited from speaking until after permission had been granted by the Senate.

Privileged Consideration:

A resolution proposing the censure of a Senator is privileged business and a motion to proceed to its consideration, when submitted, without reference to a committee is in order."

Reference to Committees:

It has been the practice of the Senate, since and including the episode between Senators Thomas H. Benton, of Missouri, and Henry S. Foote, of Mississippi, in 1850, to refer all censure resolutions, in which the charges were specified, to a committee for hearing evidence.10

Reported by:

The censure resolution against Senator Thomas J. Dodd, of Connecticut, was reported by the Select Committee on Standards and Conduct."1

Vote Denied:

The names of the two Senators, in the Tillman-McLaurin case, by direction of the President pro tempore, not having been called on a yea and nay vote, the question was raised that they were thus deprived of their constitutional rights, as was also the State of South Carolina, but it was not decided by the Senate.12

Nov. 1 and 4, 1929, 71-1, Record, pp. 5063, 5113; Nov. 8-Dec. 2, 1954, 83-2, Record, pp. 15845–16392.

8

Feb. 22, 1902, 57–1, Journal, pp. 179–180, Record, pp. 2081-90.

9 July 30, 1954, 83-2, Record, pp. 12729-32; June 17, 1954, 83-2 Journal, p. 382; Nov. 4, 1929, 71-1, Record, pp. 5113.

10 Apr. 17, 1850, 31-1, Journal, p. 290; Feb. 24, 1902, 57-1, Journal, p. 181, Record, p. 2103; Feb. 28, 1902, 57–1, Journal, p. 185, Record, pp. 2203-07; Sept. 30, 1929, 71-1, Journal, p. 149; Aug. 2, 1954, 83–2, Journal, p. 593.

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12

Feb. 24, 1902, 57–1, Journal, p. 179, Record, pp. 2124–30; Feb. 27, 1902, 57–1, Record, p. 2195.

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