to the Committee on Rules, with instructions that if the same shall be again reported it shall be so amended as to permit the House to vote upon a motion either to concur or to non-concur in the amendment of the Senate to the bill of the House No. 5538, entitled "An act to reduce internal-revenue taxation.".

Mr. Reed made the point of order that the said resolution was not in order, under Rule XVII, for the reason that the motion to recommit therein authorized, with or without instructions, did not cover or include the pending proposition.

After debate on said point of order,

The Speaker sustained the same on the ground, first, that no precedent had been cited sustaining the motion submitted by Mr. Carlisle, and also on the ground that the rule cited applied only to bills specifically stating in terms that the said motion to recommit with or without instructions was in order only pending the demand for the previous question or after the previous question had been ordered on the passage of a bill.

From this decision Mr. Carlisle took an appeal;
Pending which,

Mr. Reed moved the said appeal be laid on the table;
And the question being put,

It was decided in the affirmative,

Yeas
Nays..
Not voting

So the said appeal was laid on the table.

TUESDAY, FEBRUARY 27, 1883.-Page 512.

125

102

64

Mr. N. J. Hammond, as a question of privilege, submitted the following resolution, viz:

Resolved, That the substitute of the Senate bill (H. R. 5538) entitled "An act to reduce internal-revenue taxation, and for other purposes," ander the form of an amendment to the bill of the House (H. R. 5538) entitled "An act to reduce internal-revenue taxation," containing a general revision and repeal of laws imposing both import duties and internal taxes, is in conflict with the true intent and purposes of that clause of the Constitution which requires "all bills for raising revenue shall originate in the House of Representatives"; and that therefore said bill so amended do lie upon the table.

And be it further resolved, That the Clerk of the House be, and is hereby, directed to notify the Senate of the passage of the foregoing resolution.

Mr. Calkins made the point of order that the said resolution was not in order either to be offered or considered until the bill to which it refers was brought before the House for consideration,

After debate on said point of order,

The Speaker overruled the point of order, on the ground that the resolution submitted was one relating to the constitutional privilege of the House as to its sole right to originate revenue bills. The House had taken notice of the amendment of the Senate to said bill, and if the House were to proceed to its consideration it would then be too late to raise such question against the Senate amendment. The House having proceeded to its consideration,

After debate,

Mr. Kasson submitted the following substitute for the said resolution, viz:

Resolved, That this House, insisting always upon its privilege under

the Constitution to originate all bills for raising revenue, and waiving no right thereunder in respect to House bill 5538 with Senate amendments thereto, hereby declares a disagreement with the Senate amendments to the same, and asks for a committee of conference thereon, to be composed of five members on the part of the House.

Mr. Carlisle made the point of order that the said resolution was not in order, for the reason that the said bill was not before the House for present consideration.

The Speaker sustained the same, on the ground that the proposition submitted by Mr. Hammond presented solely the question of the right of the House exclusively, under the Constitution, to originate revenue bills. The substitute offered by Mr. Kasson is a proposition to waive whatever rights the House possesses under the Constitution in reference to this particular bill, and embodies a proposition to declare at once a disagreement with the Senate amendments with a view of immediately putting the bill and amendments in conference. On the ground, therefore, that the question of constitutional privilege must be disposed of independently of any collateral or subsidiary questions, the Chair held the proposed substitute not in order.

Mr. Haskell submitted the following preamble and resolution as a substitute for the said resolution, viz:

Whereas House bill 5538, entitled "An act to reduce internal revenue taxation, and for other purposes," under the form of an amendment in the Senate to title 33 of the Revised Statutes, which provides for duties on imports, has been so modified and changed by the introduction of new provisions, containing among other things a general revision of the statutes referred to so as both to increase and reduce duties on imports, and in many instances to repeal and in others to amend the laws imposing import duties; and

Whereas in the opinion of this House it is believed that such changes and alterations are in conflict with the true intent and purpose of the Constitution, which requires that all bills for raising revenue shall originate in the House of Representatives: Therefore,

Resolved, That, if this bill shall be referred to a committee of conference, it shall be the duty of the conferees on the part of the House on said committee to consider fully the constitutional objections to said bill as amended by the Senate and herein referred to, and to bring the same, together with the opinion of the House in regard thereto, before said committee of conference, and if necessary, in their opinion, after having conferred with the Senate conferees, said conferees on said committee may make report to the House in regard to the objections to the said bill herein referred to.

Mr. Carlisle made the point of order that the said proposed substitute was not in order, for the reason that it not only proposed to submit the question of constitutional privilege of the House to such conference, but also to consider the subject-matter of such Senate amendment. After debate on said point of order,

The Speaker overruled the same, on the ground that a fair reading and construction of the proposed substitute would show that it provided only for referring to a conference committee the constitutional objections to the bill such as grow out of the alleged violation of the Constitution by the Senate in passing an impost bill as a portion of an amendment to an internal-revenue bill proposed by the House.

From this decision of the Chair Mr. N. J. Hammond appealed;
Pending which,

On motion of Mr. Reed, the said appeal was laid on the table.

FRIDAY, MARCH 2, 1883.-Pages 561-563.

Mr. Butterworth, from the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill of the House (H. R.7077) making appropriations for the support of the Army for the fiscal year ending June 30, 1884, and for other purposes, submitted the following report, viz:

The accompanying statement having been read,

Mr. Bragg made the point of order that the statement accompanying the said report was not in order, for the reason that it was not in compliance or conformity with Rule XXIX, and also the further point of order that the report itself was in compliance with the said rule.

The Speaker overruled the point of order, on the ground that it was not for the Chair to decide whether a conference report and accompanying statement was or not in strict conformity with said rule, that being a question of fact.

SATURDAY, MARCH 3, 1883.-Page 568.

Mr. Kelley, as a privileged question, from the committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill of the House (H. R. 5538) to reduce internal-revenue taxation, submitted the following report, viz:

*

Mr. Bayne made the point of order that the said report was not in order for present consideration, on the ground that the detailed statement required by Rule XXIX did not accompany said report. After debate on the said point of order,

The Speaker sustained the same, on the ground that the paper submitted by Mr. Kelley, entitled "Index to changes proposed by the committee of conference," though signed by the majority of the conferees on the part of the House, was not in compliance with the last clause of Rule XXIX.

Mr. Kelley thereupon submitted a detailed statement accompanying said conference report, as required by said rule.

Mr. Carlisle made the point of order that the said statement was not such a statement as is required by the rule, for the reason that it only states the effect of the amendment proposed by the Senate, whereas the rule requires a statement sufficiently explanatory to show the effect of the propositions reported by the committee.

The Speaker overruled the point of order.

44 H

ABSENCE, LEAVE OF, GRANTED TO—