Form of summons to be issued and served upon the person impeached greeting: THE UNITED STATES OF AMERICA, 88: words following: day of [Here insert the articles] And demand that you, the said exhibit to the Senate in the should be put to day of answer the accusations as set forth in said articles, and that such proceedings, examinations, trials, and judgments might be thereupon had as are agreeable to law and justice, You, the said , are therefore hereby summoned to be and appear before the Senate of the United States of America, at their Chamber in the city of Washington, on the at 12:30 o'clock afternoon, and then and there to answer to the said articles of impeachment, and then and there to abide by, obey, and perform such orders, directions, and judgments as the Senate of the United States shall make in the premises according to the Constitution and laws of the United States. Hereof you are not to fail. Witness day of -, and Presiding Officer of the said Senate, in the year of and of the Independence of the United States at the city of Washington, this our Lord the Presiding Officer of the Senate. Form of precept to be indorsed on said writ of summons THE UNITED STATES OF AMERICA, 88: greeting: You are hereby commanded to deliver to and leave with -, if conveniently to be found, or if not, to leave at his usual place of abode, or at his usual place of business in some conspicuous place, a true and attested copy of the within writ of summons, together with a like copy of this precept; and in whichsoever way you perform the service, let it be done at least days before the appearance day mentioned in the said writ of summons. Fail not, and make return of this writ of summons and precept, with your proceedings thereon indorsed, on or before the appearance day mentioned in the said writ of summons. Witness and Presiding Officer of the Senate at the city of Washington, this -day of in the year of our Lord and of the Independence of the United States the Presiding Officer of the Senate. All process shall be served by the Sergeant at Arms of the Senate, unless otherwise ordered by the court. XXVI. If the Senate shall at any time fail to sit for the consideration of articles of impeachment on the day or hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such consideration. Attendance of Senators at Impeachment Trial: See also "Attendance of Senators," pp. 153–161. A quorum not having appeared on a call, the Sergeant at Arms of the Senate may be directed to request and subsequently to compel the attendance of the absent Senators.' Commission To Take Deposition of a Witness: The matter of the issuance of a commission to take the deposition of a witness in an impeachment trial should be determined by the Senate, and not decided by the Presiding Officer.2 Committee Appointed To Receive Evidence: In 1935, a resolution was adopted by the Senate, to authorize the appointment by the Presiding Officer of a committee of 12 Senators to receive evidence and take testimony in the trial of an impeachment, as follows: Resolved, That in the trial of any impeachment the Presiding Officer of the Senate, upon the order of the Senate, shall appoint a committee of 12 Senators to receive evidence and take testimony at such times and places as the committee may determine, and for such purpose the committee so appointed and the chairman thereof, to be elected by the committee, shall (unless otherwise ordered by the Senate) exercise all the powers and functions conferred upon the Senate and the Presiding Officer of the Senate, respectively, under the rules of procedure and practice in the Senate when sitting on impeachment trials. Unless otherwise ordered by the Senate, the rules of procedure and practice in the Senate when sitting on impeachment trials shall govern the procedure and practice of the committee so appointed. The committee so appointed shall report to the Senate in writing a certified copy of the transcript of the proceedings and testimony had and given before such committee, and such report shall be received by the Senate and the evidence so received and the testimony so taken shall be con 1 May 23, 1933, 73–1, Journal, p. 337, Record, p. 3971. sidered to all intents and purposes, subject to the right of the Senate to determine competency, relevancy, and materiality, as having been received and taken before the Senate, but nothing herein shall prevent the Senate from sending for any witness and hearing his testimony in open Senate, or by order of the Senate having the entire trial in open Senate.3 Debate on Impeachment Trials: See "Impeachment Proceedings, Debate in," p. Floor Privileges Granted to Persons To Sit With House Managers; During the Louderback and the Ritter impeachment trials, the Clerk of the Committee on the Judiciary of the House of Representatives, by unanimous consent, was given permission to sit with the managers on the part of the House. Likewise, a special agent of the Federal Bureau of Investigation and an assistant to the counsel for the respondent were granted floor privileges during the Ritter impeachment trial." Leave To Print Opinions Granted: In the Louderback impeachment trial, Senators, by order of the Senate, were granted permission to file opinions in writing "within 2 days after the final vote," for publication in the printed proceedings of the case. Legislative Business by Unanimous Consent: The Senate, by unanimous consent, interrupted its impeachment proceedings to receive messages from the President, to receive messages from the House and to transact legislative business." Oath for Trial: In the impeachment trial of Halstead L. Ritter, the oath was administered to the Vice President by Senator Borah, 'May 28. 1935, 74–1, Journal, p. 391, Record, p. 8309. 'May 15, 1933, 73-1, Journal, p. 326, Record, p. 3395; Apr. 8, 1936, 74–2, Journal, p. 497, Record, p. 5132. Apr. 8, 1936, 74-2, Journal, p. 497, Record, p. 5132. May 24, 1933, 73–1, Journal, p. 339, Record, p. 4083. 'Apr. 17, 1936, 74-2, Journal, p. 217; Apr. 15, 1936, 74-2, Journal, p. 218; Apr. 16, 1936, 74–2, Journal, p. 219. 97-344 0-74-33 by order of the Senate, and then by the Vice President to the Senators. Papers Filed as Evidence Returned to District Court: The Senate, by order, directed certain original papers filed as evidence in the Louderback impeachment trial returned to the United States District Court for the Northern District of California." Questions Submitted in Writing: Questions submitted by a Senator during an impeachment trial on objection must be in writing.10 A request to abrogate the rule requiring questions by Members of the Senate during an impeachment trial to be in writing is not debatable." Quorum: A quorum call is in order during an impeachment trial," and the Sergeant at Arms of the Senate may be directed to request or compel the attendance of absent Senators.13 Senators Excused From Trial Proceedings: In the impeachment trial of Harold Louderback in 1933, certain Senators by unanimous consent, prior to the administration of the oath to Senators, were excused from participating in the proceedings of the Senate sitting for said trial.14 Voting at Impeachment Trials: Certain Senators by unanimous consent were excused from voting on various articles of impeachment in the trial of Harold Louderback in 1933." Mar. 9 and 10, 1936, 74-2, Journal, pp. 473-478, Record, pp. 3423, 3485-89. 0 May 25, 1933, 73–1, Journal, p. 200, Record, p. 4142. 10 May 15, 1933, 73–1, Journal, p. 328, Record, p. 3408. "See Apr. 8, 1936, 74-2, Record, p. 5164. 12 See May 15, 1933, 73–1, Record, p. 3412. 13 May 23, 1933, 73–1, Journal, p. 337, Record, p. 3971. "Mar. 9, 1933, 73–1, Journal, p. 307, Record, pp. 47, 49. INCONSISTENCY OF AMENDMENTS See "Consistency of Contents of Amendments," pp. 35-36. INQUIRY OF DEPARTMENTS See "Departmental Inquiries,” p. 450. INQUIRIES AND INVESTIGATIONS See "Investigations and Inquiries," pp. 507–512. INSERTIONS IN CONGRESSIONAL RECORD See "Congressional Record," pp. 323-331. INTERPRETATION OF BILLS It is not in order for the Chair, on the question of final passage of a bill, to attempt to analyze such bill or describe its provisions.1 INTERPRETATION OF LEGISLATION See also "Interpretation of Legislation," p. 624; "Interpretation of Bills," p. 171; "Interpretation of Amendments,” p. 44. The Presiding Officer has no authority to interpret legislation.2 2 Aug. 5, 1966, 89-2, Record, p. 18370; Nov. 19, 1970, 91-2, Record (daily), p. S 18556. |