Where a Senator in debate yields to another Senator presumably for a question or observation, the Senate decided that the Senator so yielding did not thereby lose the floor, and that a motion by the Senator to whom he had yielded was not in order. 570

Where a Senator in possession of the floor yields to another Senator for a question only, the latter may not make a motion to lay on the table a motion to reconsider," or make extraneous speeches on the time of the Senator yielding.

572

A Senator who is occupying the floor temporarily by permission of a Senator who actually has the floor cannot elect to yield to another Senator desiring to interrupt him for an inquiry; such a Senator desiring to interrupt must obtain the consent of the Senator in actual possession of the floor." Yield for Question Only:

Under Rule XIX, a Senator in debate, if the regular order is insisted on, can yield only for a question; 5:4 he has a right to yield to another Senator to propound a question; he cannot yield for a statement.575

When a Senator addresses a question to another Senator he should rise,576 address the Chair and get permission through the Chair of the Senator having the floor," and the Senator yielding is required to remain standing.578

580

A Senator may yield to another Senator for a question, without unanimous consent,579 without losing the floor, but he may yield only for a question on objection, 581 when the regular order is requested, or an enforcement of the

670 Mar. 20 and 21, 1914, 63-2, Record, pp. 5168, 5175, 5176, 5219-22.

571 Sept. 20, 1950, 81-2, Record, p. 15264.

572 June 15, 1935, 74-1, Journal, p. 444, Record, p. 9364.

573 Jan. 26, 1921, 66-3, Record, p. 2070.

574 June 27, 1962, 87-2, Record, p. 11870; Mar. 2, 1911, 61-3, Record, pp. 3900-06; Apr. 13, 1932, 72-1, Journal, p. 392; June 14, 1935, 74-1, Journal, p. 444; June 5, 1967, 90-1, Record, p. 16016; Dec. 16, 1970, 91-2, Record, p. 41742.

575 June 10, 1964, 88–2, Record, p. 13200; Dec. 16, 1970, 91–2, Record, p. 41742; Apr. 4, 1964, 88-2, Record, pp. 6861–63.

676 See Apr. 6, 1948, 80-2, Record, p. 4111.

577 June 9, 1914, 63-2, Record, pp. 10044, 10045; Mar. 3, 1949, 81-1, Record, pp. 1795-96; July 21, 1941, 77-1, Record, p. 6170.

579

580

Aug. 23, 1958, 85-2, Record, pp. 19524-25.

June 23, 1949, 81-1, Record, p. 8194; May 24, 1928, 70-1, Journal, p. 537; Apr. 1, 1949, 81-1, Record, p. 3657; Mar. 2, 1927, 69-2, Record, p. 5360; June 5, 1900, 56-1, Record, p. 6588; Feb. 26, 1960, 86-2, Record, p. 3599; see also Jan. 18, 1938, 75-3, Record, pp. 702-05; July 14, 1911, 62-1, Record, p. 2923.

rules called for, and not for a statement,582 argument, or speech in the guise of a question.583

In fact, under rulings of the Chair, when the regular order is called for a Senator who yields for more than a question loses the floor, and he cannot yield the floor to another,585 except by unanimous consent."

586

A Senator in debate may yield for a question only, and if the Senator to whom he has yielded proceeds to make a statement or a speech, he should protect his right to the floor by refusing to yield further.587 If a Senator yields for anything but a question, he will lose the floor on a point of order being made.588 Under a strict application of the rules governing debate, a Senator having the floor who propounds

583

Apr. 1, 1949, 81-1, Record, p. 3657; June 18, 1959, 86–1, Record, pp. 1117882; Aug. 11, 1958, 85-2, Record, p. 16907; Oct. 2, 1945, 79-1, Record, p. 9222; see also Sept. 1, 1959, 86-1, Record, pp. 17500, 17509; Aug. 26, 1959, 86-1, Record, pp. 16995-96; Aug. 23, 1958, 85-2, Record, p. 19461.

583

Mar. 21, 1939, 76-1, Record, pp. 3050-51; June 21, 1940, 76-3, Record, pp. 8812, 8813; Mar. 15, 1948, 80-2, Record, p. 2815; July 24, 1954, 83-2, Record, p. 11856; Apr. 23, 1952, 82-2, Record, p. 4284; June 9, 1950, 81-2, Record, pp. 8375-83; Mar. 4, 1950, 81-2, Record, p. 2800; Oct. 13, 1949, 81-1, Record, pp. 14403-04; June 23, 1949, 81-1, Record, p. 8194; Apr. 21, 1949, 81-1, Record, p. 4889; Apr. 4, 1949, 81-1, Record, pp. 3781-82; Mar. 25, 1949, 81-1, Record, p. 3185; Mar. 22, 1949, 81-1, Record, pp. 2897, 2898; Mar. 1, 1949, 81-1, Record, pp. 1649, 1650; Feb. 28, 1949, 81-1, Record, p. 1570; Feb. 7, 1949, 81-1, Record, p. 857; June 19, 1948, 80-2, Record, p. 9109: June 7, 1948, 80-2. Record, p. 7239; July 24, 1947, 80-1, Record, pp. 10005, 10007, 10023, 10128-29; June 20, 1947, 80-1, Record, pp. 7369, 7398, 7399; Mar. 27, 1947, 80-1, Record, pp. 2700, 2714; Mar. 5, 1947, 80-1, Record, p. 1688; Dec. 7, 1942, 77-2, Record, p. 9351; Nov. 17, 1942, 77-2, Record, pp. 8903-04; Apr. 20, 1942, 77-2, Record, p. 3530; Oct. 27, 1939, 76-2, Record, pp. 1013-14; Jan. 19, 1938, 75-3, Record, pp. 751-752; July 8, 1937, 75-1, Journal, p. 403; June 12, 1935, 74–1, Journal, p. 434, Record, p. 9124; May 21, 1935, 74-1, Journal, p. 364, Record, pp. 7931, 7934; June 12, 1935, 74-1, Journal, p. 434, Record, p. 9134; May 8, 1935, 74-1, Record, p. 7133; Apr. 15, 1932, 72-1, Record, p. 8287; Feb. 16, 1931, 71-3, Record, pp. 5006, 5008; Mar. 8, 1916, 64-1, Record, pp. 3746, 3752: Sept. 25, 1914, 63-2, Record, p. 15672; July 14, 1911, 62-1, Record, pp. 2923, 2926, 3040: Mar. 17, 1910, 61-2, Record, pp. 3274, 3275; June 3, 1909, 61-1, Record, p. 2703; June 5, 1900, 56-1, Record, p. 6588; see also Mar. 2, 1950, 81-2, Record, pp. 2620-21; Aug. 3, 1948, 80-2, Record, p. 9673; Mar. 28, 1947, 80-1, Record, p. 2818; Mar. 19, 1947, 80-1, Record, p. 2242; Oct. 6, 1939, 76–2, Record, p. 168; Sept. 26. 1893, 53-1, Record, p. 1780; Sept. 16, 1961, 87-1, Record, pp. 19857-59; Jan. 3, 1961, 87-1, Record, p. 10.

594 June 12, 1935, 74-1, Journal, p. 434, Record, p. 9124: May 21, 1935, 74-1, Journal, p. 364; Apr. 13, 1932, 72–1, Journal, p. 392; Mar. 31, 1939, 76–1, Record, pp. 3612, 3618; May 8, 1935, 74–1, Journal, p. 329; Apr. 15, 1932, 72-1, Journal, p. 397; Feb. 17, 1923, 67-4, Record, p. 3833; Feb. 17, 1915, 63-3, Record, pp. 3941, 3942; see also Dec. 6, 1929, 71-2, Journal, p. 28; July 27, 1962, 87-2, Record, pp. 14930, 14948.

586

Mar. 1, 1911, 61-3, Record, p. 3755; May 17, 1944, 78-1, Record, p. 4583; Apr. 2, 1949, 81-1, Record, pp. 3771-72; Mar. 2, 1927, 69-2, Record, p. 5360. 589 Jan. 20, 1891, 51-2, Journal, p. 87, Record, p. 1567.

See July 8, 1937, 75–1, Journal, p. 403, Record, pp. 6896-97; Dec. 16, 1970, 91-1, Record, p. 41742.

See Aug. 6, 1937, 75-1, Journal, p. 492, Record, p. 8356; Jan. 19, 1938, 75-3, Record, pp. 751-52.

an inquiry to a Senator, who then proceeds to make a reply thereto, loses the floor on a point of order being made.589

It is the duty of a Senator yielding time to take the responsibility or to stop the Senator yielded to, if the latter starts to make a speech; 50 the former Senator, under such circumstances, can at any time refuse to yield further.591

A Senator who yields for a question, or conditionally, has a right to withdraw his consent at any time or decline to yield further. 592

593

The Chair on occasions has taken the initiative to admonish Senators and insist on an enforcement of this rule." A Senator desiring to interrupt another cannot read from a document under the guise of asking a question."

594

When a Senator yields to another Senator to withdraw a motion, it is not in order for the latter Senator to make another motion.595

In one instance, 1916, the Senate reversed a decision of the Presiding Officer holding that a question propounded in debate was argumentative in character, and not one to elicit information.596

Under a unanimous consent agreement limiting debate, a Senator obtaining the floor cannot yield to a Senator for the purpose of making an inquiry of another Senator.597

A Senator who yields by unanimous consent to another Senator for a statement on condition that he does not lose his right to the floor does, however, lose the floor when he leaves the Chamber.598

DECISIONS OF THE CHAIR

Decisions of the Chair are subject to appeal. See "Appeals," pp. 98-101.

589

See Aug. 6, 1937, 75-1, Journal, p. 492, Record, p. 8356; Jan. 19, 1938, 75–3, Record, pp. 751-52.

Go See Jan. 25, 1938, 75–3, Record, p. 1035; May 8, 1941, 77–1, Record, p. 3774; July 8, 1937, 75–1, Journal, p. 403.

581 See July 8, 1937, 75-1. Journal, p. 403.

502 Oct. 4, 1943, 78-1, Record, p. 8009; June 23, 1949, 81-1, Record, p. 8194; see also July 19, 1947, 80-1, Record, p. 9355; for discussion and rulings concerning the right of a Senator to the floor when he yields conditionally for the consideration of a privileged matter, see July 9, 1937, 75–1, Journal, pp. 405, 406, Record, pp. 6982-85; Dec. 16, 1970, 91-2, Record, p. 41742.

593

3 June 23, 1949, 81-1, Record, p. 8194; see also footnote 591.

504 June 23, 1949, 81-1, Record, p. 8200.

505 Mar. 28, 1938, 75–3, Record, p. 4207.

500 Apr. 6, 1916, 64–1, Record, pp. 5579-83.

597 Mar. 15, 1935, 74-1, Record, p. 3696.

DECORUM

See also "Galleries," pp. 490-492.

Under Rule XIX, as amended in 1914, the duty of enforcing order in the Chamber and the galleries, was imposed upon the Presiding Officer, on his own initiative.'

The Chair has the right to order the Chamber cleared of all unauthorized persons and to direct the Sergeant at Arms to carry out such an order so as to maintain decorum in the Senate; under the rules he has authority to keep decorum in the Senate Chamber and he has that responsibility.*

2

3

5

The Presiding Officer, under the precedents of the Senate, at his discretion, has the right to order from the Chamber unauthorized personnel to assure the maintenance of order in the Chamber; and he has assumed that authority by clearing the Chamber of persons not there on busior engaged in the performance of their duties; the Chair has taken the initiative to call the staff to order, threatening to have them leave the Chamber unless they were actually discharging their assigned duties.

ness

8

7

The Presiding Officer, to keep decorum, has a right to direct the attachés to remove themselves from the Chamber as well as to request the Senators to take their seats, etc."

In 1968, by motion, the Senate Chamber was cleared of all unauthorized personnel prior to the vote on cloture on the Civil Rights bill and on the third vote on cloture on that bill, this was done by unanimous consent.10

The Chair under the rules has authority to direct the Sergeant at Arms to maintain order in the galleries and in the corridors just outside the Senate floor so that the Senate may conduct its business.11

See "Galleries," pp. 490-492; and proceedings for July 30, 1955, 84-1, Record, p. 12252; Dec. 8, 1967, 90-1, Record, p. 35602; Sept. 29, 1970, 91-2, Record, p. 34033; Dec. 3, 1970, 91-2, Record, p. 39799; Dec. 9, 1970, 91-2, Record, p. 40664; Dec. 19, 1970, 91-2, Record, p. 42712; see also Senate proceedings of Dec. 2, 1969.

May 21, 1968, 91-2, Record, pp. 14157, 14169-70; Dec. 4, 1967, 90-1, Record, p. 34979; Dec. 2, 1969, 91-1, Record, pp. 36444, 36446; Dec. 6, 1969, 91-1, Record, p. 37511; Dec. 10, 1969, 91-1, Record, pp. 38265, 38285, 38291; Dec. 17, 1969, 91-1, Record, pp. 39546, 39583.

* Aug. 6, 1969, 91-1, Record, p. 22462.

'Dec. 1, 1969, 91-1, Record, p. 36229; July 9, 1965, 89-1, Record, pp. 16100, 16115-16.

6 See Aug. 12, 1970, 91-2, Record, p. 28456.

*July 9, 1965, 89-1, Record, pp. 16100, 16115–16.

7 June 9, 1964, 88-2, Record, p. 13056.

Dec. 16, 1970, 91–2, Record, pp. 41747-49.

'Sept. 14, 1966. 89-2, Record, p. 22669; July 12, 1965, 89-1, Record, p. 16466.

10 Feb. 20 and 21, 1968, 90-2, Record, pp. 3425, 3805; Mar. 1, 1968, 90-2, Record, p. 4842.

DEPARTMENTAL INQUIRIES

Various resolutions "requesting" the heads of departments to transmit to the Senate certain information have been amended before they were adopted, to read: "direct" instead of "request. "1 In 1884, when the change was made, the President pro tempore stated that the "resolution will be modified to read 'directed,' according to the customary course of the Senate." 2

DILATORY MOTIONS

In 1928, the Chair, during a filibuster on a Boulder Dam bill (S. 728), overruled a point of order that a motion to take up a bill was dilatory,' and on November 13, 1942, during consideration of the so-called anti-poll tax bill, a call for a quorum, after a long lapse of time but without transaction of business since the last quorum call, was held to be not dilatory "since a considerable period of time has elapsed since the last quorum call, and the precedents permit at least two or three quorum calls before a call can be held to be dilatory."

4

The Chair may rule to sustain or not sustain a point of order that a motion is out of order according to the Senate rules but not solely on the ground that it's a dilatory motion, unless the Senate is operating under the cloture rule. Except in the case of the cloture rule, the rules do not specifically prohibit dilatory motions as such."

It is not in order for a Senator to demand a quorum call if no business has intervened since the last call, since business must intervene before a second quorum call or between calls.

In 1927, points of order made on two successive occasions, during a filibuster on the Boulder Dam bill (S. 3331), against motions to recess, pursuant to a previous order, were sustained on the ground that such motions had been

1 Feb. 9, 1886, 49-1, Record, p. 1234; Mar. 30, 1886, 49-1, Record, p. 2901; Dec. 13, 1890, 51-2, Record, p. 405; May 8, 1900, 56-1, Record, p. 5264; Jan. 28, 1899, 55-3, Record, p. 1204.

4

2

Jan. 29, 1884, 48–1, Record, p. 714.

3 May 29, 1928, 70-1, Journal, p. 565.

Nov. 13, 1942, 77-2, Record, p. 8828.

6 Mar. 14, 1972, 92-2, Record, p. 8305.