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Resolution

Resolved, That the President of the Senate certify the report of the of the United States Senate as

Committee on

(name of committee)

to the refusal of

-

(name of party)

(purpose of citing for contempt)

together with all the facts in connection therewith, under the seal of the United States Senate to the United States Attorney for the to the end that the said -9

(District and State)

(name of party)

may be proceeded against in the manner and form provided by law.3 Attest:

Secretary.

The form used to transmit the citation to the District Attorney follows:

The undersigned, the President of the Senate of the United States, pursuant to Senate Resolution 124 (Eighty-fifth Congress, first session), citing for contempt of the Senate, agreed to

(name)

on May 16, 1957, an official engrossed copy of which is hereto attached, does hereby, under the seal of the Senate, certify to you, as the United States attorney for the an official copy

(Judicial district)

of Senate report No. 232, 85th Congress, 1st session, as amended by the Senate on May 16, 1957, containing facts relative to the refusal of said to answer pertinent questions, etc., before the

(name)

Committee on

(name of committee)

; said report having been sub

mitted to the Senate on April 15 (legislative day, April 12), 1957, by from the said Committee on

(Senator)

(name of committee)

and amended by the Senate on May 16, 1957, and ordered to be reprinted.

Attest:

IN TESTIMONY WHEREOF, I hereunto subscribe my name and have cause to be affixed the seal of the Senate of the United States of America at the city of Washington, this the 20th day of May A.D. 1957.

Secretary of the Senate

of the United States.

President of the Senate of the United States of America.

'See proceedings for Jan. 22 and 23, 1951, 82–1, Journal, pp. 65, 68.

Senators May Disregard Subpoena:

"The constitutional privilege of Members in the matter of arrest has been construed to exempt them from subpoena during sessions of Congress.""

A Senator having been subpoenaed to appear before the grand jury of the District of Columbia announced in the Senate that he would disregard it."

A Senator having declined to heed a summons to appear and testify before a Federal grand jury, the court held that if he failed to obey the subpoena voluntarily the court was without power to compel his attendance."

A subpoena duces tecum issued by a United States District Court and served upon a Member of a Senate committee was referred, after the authority of the court had been challenged, to the Committee on the Judiciary for a report. The records of the Senate do not show that the matter was reported back to the Senate."

CONTESTED ELECTION CASES
See "Credentials and Oath of Office," pp. 365–379.

CONTINGENT FUND

See also "Expenditures by," pp. 240-241; "Investigations and Inquiries,” pp. 507–512; "References to Committees,” pp. 717–735; "Reports," pp. 739–759; “Resolutions,” pp. 761–771.

The Committee on Rules and Administration has jurisdiction over "Matters relating to the payment of money out of the contingent fund of the Senate or creating a charge upon the same; except that any resolution relating to substantive matter within the jurisdiction of any other stand

4 Cannon, VI, sec. 588. Senator Eastland, chairman of the Committee on the Judiciary, on Mar. 21, 1957, asked unanimous consent to be permitted to testify in the United States District Court for the District of Columbia in proceedings against Seymour Peck, to which an objection was raised. S. Res. 116 to grant permission was submitted and debated but put over for further debate on the next day. On Mar. 22, after a long debate, the resolution was indefinitely postponed. For details of arguments for and against see proceedings of Senate for Mar. 21 and 22, 1957.

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* Ibid.

ing committee of the Senate shall be first referred to such committee." 1

Under the above rule, the Chair has held that a resolution providing for expenditures of money from the contingent fund of the Senate, when reported from the substantive committee must be referred, under the rule, to the Committee on Rules and Administration.2

The Committee on Rules and Administration, in its consideration of resolutions for investigations by other committees, has no authority to amend the substantive provisions thereof, but is limited to matters concerning the payment of the expenses of such investigations."

An amendment authorizing the payment of money from the contingent fund of the Senate for a particular purpose, proposed to a Senate resolution relating to a different matter, is not in order unless it has received favorable consideration of the Committee To Audit and Control the Contingent Expenses of the Senate (now Committee on Rules and Administration).*

CONTINUOUS SESSION

A motion, during the consideration of a matter, that the Senate remain in continuous session until an hour certain is not in order.

CONTRIBUTIONS FOR SENATORIAL

CANDIDATES

Acceptance of contributions by a Senator or person seeking election to the Senate is subject to the provisions of Rule XLII:

1. A Senator or person who has declared or otherwise made known his intention to seek nomination or election, or who has filed papers or petitions for nomination or election, or on whose behalf a declaration or nominating paper or petition has been made or filed, or who has otherwise, directly or indirectly, manifested his intention to seek nomi

2

1Rule XXV (p) (1) (A).

Jan. 23, 1951, 82-1, Record, p. 548; June 27, 1951, 82-1, Record, p. 7250;

June 16, 1952, 82-2, Record, p. 7230.

Apr. 21, 1913, 63-1, Record, pp. 275-76.

Jan. 30, 1957, 85–1, Record, p. 1275.

3

May 10, 1950, 81-2, Record, p. 6797.

nation or election, pursuant to State law, to the office of United States Senator, accept a contribution from

(a) a fundraising event organized and held primarily in his behalf, provided

(1) he has expressly given his approval of the fundraising event to the sponsors before any funds were raised; and

(2) he receives a complete and accurate accounting of the source, amounts, and disposition of the funds raised; or (b) an individual or an organization, provided the Senator makes a complete and accurate accounting of the source, amount, and disposition of the funds received; or

(c) his political party when such contributions were from a fundraising event sponsored by his party, without giving his express approval for such fundraising event when such fundraising event is for the purpose of providing contributions for candidates of his party and such contributions are reported by the Senator or candidate for Senator as provided in paragraph (b).

2. The Senator may use the contribution only to influence his nomination for election, or his election, and shall not use, directly or indirectly, any part of any contribution for any other purpose, except as otherwise provided herein.

3. Nothing in this rule shall preclude the use of contributions to defray expenses for travel to and from each Senator's home State; for printing and other expenses in connection with the mailing of speeches, newsletters, and reports to a Senator's constituents; for expenses of radio, television, and news media methods of reporting to a Senator's constituents; for telephone, telegraph, postage, and stationery expenses in excess of allowance; and for newspaper subscriptions from his home State.

4. All gifts in the aggregate amount or value of $50 or more received by a Senator from any single source during a year, except a gift from his spouse, child, or parent, and except a contribution under sections 1 and 2, shall be reported under rule XLIV.

CONVENING OF A NEW SESSION

The day prescribed by the Constitution for the beginning of a regular session of Congress does not arrive, under the universal practices of the Senate, until the hour of 12 o'clock meridian of that day.1

CO-SPONSORS OF BILL

See "Co-Sponsors," pp. 167-168.

CREDENTIALS AND OATH OF OFFICE

Under Rule VI, the presentation and consideration of the credentials of Senators-elect and Senators appointed to fill vacancies which occurred by death or resignation are highly privileged business and "shall be proceeded with until disposed of."

At the opening of a new Congress, immediately following the prayer, the announcement of any deaths, and resignations of Senators since the last session, and the presentation of any letters relating thereto, as well as the credentials of Senators appointed to fill any vacancies, the credentials of Senators-elect for six-year terms are laid before the Senate en bloc. The Senate then proceeds to the administration of the oath of office to the said appointed, if any, and elected Senators.

The Senate has adopted forms of suggested certificates for mailing out to Governors of States concerned for their use in filing credentials of Senators-elect, or designate, with the Senate, which are as follows: "Certificate of Election for Six-Year Term," "Certificate of Election for Unexpired Term," and "Certificate of Appointment," which are set forth below.

Rule VI

(Credentials of Senators and Consideration of)

1. The presentation of the credentials of Senators elect and other questions of privilege shall always be in order, except during the reading and correction of the Journal, while a question of order or a motion to adjourn is pending, or while the Senate is dividing; and all questions and motions arising or made upon the presentation of such credentials shall be proceeded with until disposed of.

2. The Secretary shall keep a record of the certificates of election of Senators by entering in a well-bound book kept for that purpose the date of the election, the name of the person elected and the vote given at the election, the date of the certificate, the name of the governor and the secretary of state signing and countersigning the same, and the State from which such Senator is elected.

Credentials

Credentials Dealt With by the Congress to Which Elected:

It is not the practice of the Senate to consider questions arising upon the credentials of a Senator-elect for a term

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