May 13, 1912
Mr. JOHNSON of Kentucky. 1\Ir. Speaker, this being the day set apart for the consideration of business from the Committee on the District of Columbia, I move to take up Senate bill 2224, to amend "An net to regulate the height of buildings in the Di. trict of Columbia," approved June 1, 1010.
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- 1010. The scans read: “1910.” (microfilm scan), “1010.” (main scan)
:\fr. HUCKEn of Missouri. Mr. Speaker, I request the Speaker to Joy before the Hou e House joint resolution 3D, with a Senate amendment, in the nature of a conference report.
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~fr. JOHNSON of Kentucky. I ask for the regular order, Mr. Speaker .
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.ocfr. RUCKER of Missouri. It is a privileged report.
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Mr. D.ARTI;ETT. Mr. Speaker, a parliamentary inquiry.
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The SPEAh.Eil. The gentleman will state it.
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.Mr. BARTLETT. I would like to inquire whether the bill referred to by the gentleman from Mis ouri [Mr. RUCKER] is be re in the shape of a conference report or not?
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Ir. JOlL rso.N of Kentucky. It is not a conference report, Ur. Speaker.
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Tlle SPillFER. The Chair will state to the House that where there is a dispute about conference reports and other matters being taken ur), in the very nature of things the conference reports ought to have the right of way.
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Mr. JOil1 rsoN of Kentucky. Mr. Speaker, I insist on the regular order.
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The SPEAKER. There is this much to be said about it: The matter is here in the shape of nu attempt to try to get the two Hon. cs together upon it.
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~Ir. BARTLETT. The Speaker made n reference to conference reports.
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The • SPEAKER. Yes; the Chair stated that, but the Chair was referring to the machinery of the House that tends to bring a matter in conference to nn ultimate conclusion.
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- fr. BAll.TLETT. Yes; but I desire to suggest to the Speaker, if the Chair will permit, that there is a difference as a matter of privilege between the consideration of n conference report a.ml n mere matter on the Speaker’s table, a report or message :from the Senate informing the Hou e of its action upon a certain measure. As I undersand the situation-and if I am incorrect in tlle statement that I make of it I would be glad to be corrected by the Speaker-if I under tnnd the proposition before the lion.. correctly, there is no report of the conferees of the House, no report to the House of the result of their conference. The conferee on the part of the House bnve not made any report to the House. . The Senate conferees reported to the Senate n disagreement. The Senate, on motion of a Senator took n vote upon the proposition that the Senate recede from it amendment to the House resolution. The Senate voted down that propo ition. •
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The SPEArER. The Chair would like to ask the gentleman from Georgia n question.
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.l\Ir. BARTLETT. I will be glad to answer it if I can.
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The SPEAKER. Is not the whole machinery about conference report., nncl 0 on, and so on, made privileged for the purpose of reaching the ultimate stage of any legislation?
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Mr. BARTLETT. That is true. But we have no conference report here, :Mr. Speaker, and if there was a report from the conferee . . , then it w-ould be a matter of absolute privilege to take it up and for the House to dispose of the matter. I do not wish to occupy the position, Mr. Speaker, that business upon the Speaker’s table can not be called up and disposed of, but I do occupy the po. itj.on, l\Ir. Speaker, that a conference report is of greater privilege ancl priority than a mere message from the Senate informing tlrn House of the action of the Senate upon a particular Ilou:ie bill or resolution; and therefore I rose to a parliamentary inquiry before the proposition was put or acted upon, in order that the Speaker might state to the House the exact parliamentary situation of this resolution.
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The SPEAKER The Chair will state it, and if he does not state it correctly, somebody that knows exactly the details will please state it.
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l\Ir. MANN. Mr. Speaker, may I call the attention of the Speaker to the situation?
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l\Ir. B.AR'l'LETT. May I inquire-if the gentleman will allow me to continue for a moment, or I will yield to him if he desires-may I inquire of the Speaker whether the conferees on the part of the House have mn<le any report to the House on the action of the Hom::e conferees as to the conference on the difference between the two Houses?
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Ur. RUCKER of Missouri. I will say no.
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The SPEAKER. The conferees of the House have not made any such report. The Senate sent a message over to the House stating that they ac.lherc<l to the Senate amendment.
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~fr. BARTLETT. Exactly, and that is upon the Speaker's table.
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The SPEAKER. Tlrnt is upon tl1e Speaker's table, and it is a privileged matter.
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l\Ir. BARTLETT. I do not dispute that proposition, l\Ir. Speaker. Far be it from me to do so, because I am too familiar with the rules to dispute the proposition. But I suggest to the Speaker, if be will pardon me for making the suggestion, that that did not assume the same character of privilege as would put everything else out of the way.
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The SPEAKER. . KER. The gentleman from Texas [:\Ir. BURLESON], for instance, has a proposition about a conference report, and if he bad brought in a conference report and were in here with the report and be and the gentleman from Missouri [Mr. Rucmm] were competing with each other for recognition, the Chair in his discretion would recognize the completed conference r port of one committee in preference to an unfinished conference report of the other. Ilut no such situation has arisen here.
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- r port The scans read: “report” (microfilm scan), “r port” (main scan)
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Mr. BARTLETT. But, Mr. Speaker, if the Chair will indulge me a moment, the conferees did report to the Senate.
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l\Ir. MANN. No.
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l\.for. BARTLETT. Then I will withdraw from what I said. I thought they did. The Senate conferees went into the Senate and made a motion that the Senate recede from its amendment, which was voted clo,vu, and the House conferees, as I understand it, or the Senate conferees, have made no report to either House; and the matter in dispute between the two Houses, so far as the Journals of the two Houses show, is still in conference between tlle two Houses and not here for consideration.
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The SPEAKER. But it is not still in conference, because the conference broke up without an agreewent.
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l\fr. B.A ltTLETT. :Mr. Speaker, at the proper time I de ire to be recr:.?;nized to make a preferential motion.
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The SI·.:•JAKER. The gentleman's rights will be protected Mr. ~L4.~N. Mr. Speaker, the House passed a resolution. It went to the Senate. The Senate amended the resolution. It came back to the House. The House disagreed to the Senate amendment, and the matter went to conference. In the Senate, without any report from the committee of conference, action was taken upon the resolution, as was perfectly proper, and that action has been mes aged 01er to the Hou e and is now on the Speaker's table. It has got beyond the point where it has to go to n committee.
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Now, Rule X:XIV provides that the daily order of business shall be as follows:
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First. Prayer by the Chaplain.
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~~~~~~·c~i~:Cm~n and r:Fc~~~6~ 1 of ~~ri/~ftr~.al. l!'ourth. Disposal of business on tgc Speaker's table.
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This resolution is on the Speaker's table to be disposed of.
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The SPEAKER. 1 .rbe gentleman from Illinois [:\fr. Mann] is correct. The Chair will make a general statement about this, as it will save trouble hereafter.
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The Chair has no knowledge of what sort of motion the gentleman from Missouri [l\Ir. Rucker] proposes to make, nncl the Chair does not care to know. That is the gentleman's right. He may ask for a new conference, if he wants to, to insist on consideration of the Senate amendment; or he may move to concur in the Senate amendment; or be may mnkc any other motion that is proper; and if the gentleman from Georgia [l\Ir. BARTLETT] wants to make a preferential motion, he has a perfect right to do it; but the entire machinery of the IIou. e, especially with reference to conference reports, is intended, in the light of the experience of the House, to bring things to an ultimate conclusion; because if a conference report did not ha Ye the right of way, then there would be no limit to this session exc e pt the first :\Ion(l _ ay in December. In recognizing various gentlemen for various purpo cs the Chair must keep in new the promotion of necessary public busine s.
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~Ir. BA.RTLETT. Mr. Speaker, if the Chair will pardon me, I hn · rn made no point of order on the propo ition. I merely cndc:i.vorcd, if I could, to get the parliamentary situation before the House, so that those of us who did know what it was might act in accordance with the rules of tile House. Now, :Mr. Speaker, I do not d o ubt the right of the conferees, or of any :.Uember of the House, to call for tlle submission of matters upon the Speaker's table which are privileged. The only thing I suggested that might contra:vene that idea was that that particular kind of privileged matter was not of the degree of privilege that a conference report was, and that is all I have done.
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The SPEAKER. If the gentleman will permit, the gentleman rose to a parliamentary inquiry.
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.. Ir. BARTLETT. Yes; that is all I could do, 1\Ir. Speaker, to get the floor.
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The SPEAKER But under the guise of a parliamentary lnqn iry: the gentleman very skillfully raised two or three points of order.
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~Ir. BARTLETT. I do not know whether I did it skillfully or not, but I intended to do just exactly what I did.
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:Ur. SIMS. )fr. Speaker, a parliamentary inquiry.
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The SPEAKER. The gentleman will state it.
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l\!r. SIMS. Was not to-day set apart by unanimous consent for c on iderntion of bu. iness coming from the District Committee?
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- bu. iness The scans read: “business” (microfilm scan), “bu. iness” (main scan)
The SPEAKER. Thi is the regular District day.
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:\Ir. SIMS. The regular District clay, and not by unanimous con. cut?
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'Die SPEAKER. It is.
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