The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-12-13
HOUSE.

amend ment lOrDluulNS LH' lllhHA'd't tAiIV
and sale OF distilled liquors as u beyer-
age after 1900. Referred.
Mr.. Bland demanded the resumption
of business under the tweHty-frst Joint
rule, which requires that at the second
session of Congress unfinished business OF
the preceding session shall be taken rp IN
regular order.
The Speaker caused the rule TO be read,
and decided that inasmuch as that rule
was in operation the unfinished business
of the last morning hou- OF the last ses-
sion must have preference.
Mr.. Burchard suggested that while he
had no objection TO the resumption OF
the business of the last morning hour of
last session, it should be resumed under
rule 1876 of the House.
The Speaker remarked that both rules
were to the same effect. except That joint
rule 2 was imperative, using the word
shall
Mr.. Garfield said he had no objection
to the ruling of the Chair under rule 81
of the House, but that If this ruling i'm
piled that the 2lst joint rule WAS IN cN-
istence and binding upon the House, be
should respectfully appeal from that de-
cision.
- Mr.. Speaker-The Chair so decides.
Mr.. Burchard-lt is unnecessary to
appeal from the decision of the Chair SO
far as the l36th rule is concerned.
Mr.. Garfield do not take that APP
peal.
Mr.. Burchard-The question does not
arise whether the twenty.trst joint rule
is in force or not, and before the Speaker
decides that question, il it should arise,
the gentlemen on this side of tn" House
des ire to be heard upOL 1t.
MIR. Garfield said he agreed perfectly
with the ruling of the Chair, under the
both rule, but he wanted to call the
attention of the Chair to the fac. that the
very Joint rule which had been referred
to- and which was printed IN the House
vc ume of rules or digest, WAS not
printed as II rule OF the present Congress,
but he joint rules were headed, Joint
Ruics and Orders of the two Houses n
they existed at the close OF the Forty
thirl Congress"
Tic Spcakcr-Then it was put in there
witiout the authority ot any one who
had righ. to authorize it.
MIR. Garfield argued that no rules,
either Joint or several, can bind the House
except by its consent. and the proposition
that n ioint rule coming from = former
Congress had any more AUTHORITY on m"
Fortv-fourth Congress than House rule
had, WAS, if not absurd, certainly IN
tenabe
The Speaker-Has not the gentleman
himself frequently, in former Congresses,
moved to suspend joint rules 10th and
18th. without those rules having been
formally adopted by that Congress.
Mr.. Garfcld-Certainly; admit that
freely. and for the reason that whenever
the two Houses OF Congress proceed
without challenge to act under
the rules. there is Al implied
assent to those rules, and They
are tacItiy adopted, but the assumption
of the Speakers ruling to-day i that iH"
House can bind the Senate u be governed
by the rulc- 10 which il does not consent.
and of course rice rerSu. o that w, =
Congress that sat ten wears $50 0"u.u
bind all the later Congresses .or'y"r
unless one body chose 60 r"i"a>"
the other from the oli obligation
of dead Congress. thJ, absolutely
uullifying the constitutional privileges
Of the House and also ol LaH ~.rs.'. Ne
have never adopted JOINT !..'- i.r tie
Fortv-fourth Congrr>-. We hrTe never
concurred with the Senate j. tH' r.."s
which It proposed to ai.P. 10" at
and present presiding odirn. %. t1:
House, the presiding officer OF the
Senate. our journal ou- boiy OF
rules in the form o! G.-a.tr
all concur in the sdnIssion ~
there are no joint rules OF the Forty
fourth Congress. There l. no body %!
rules printed in our book which PROCESSES
- be the Joint sules Of The Forty.tourth
Congress. Still do not wish. on in
cidentsl and informal points, to bring the
house to a vote on this question without
any time for consideration.
Mr. Springer asked Mr. Garfield hthe
ioint rules were in existence a. the close
OF the $50 Congress
Mr.. Garfield declined 70 answer until
after ne had examined the question.
The Speaker-Tbe Chair doe: not wish
bv any statement U! Ms 20 anticipate
that question except herein connected
with the matter OF fact. This House Il
composed of the same gentlemen who,
notwithstanding, aid at the end Of the
last session recognize the fact tina. JOINT
rules were in existence, By adopting,
unanimously, resolution TO suspend
Joint rules numbers 10 sEd II.
Mr.. SFringer-These JOINT rules have
never been readopted by any subsequen;
Congress from the fouBdst on of the gov
ernment to the present time. The
twenty-second joint rule was sctet under
in the counting of the electoral vote IN
1869 and also IN 1873, and yet .. was
never adopted but once. in 1865.
MIR. Boar asked Mr.. Springer whether
a rule which had been handed down by
tsctic consent from Congress to Cos