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Hinds' Precedents of the House of representatives of the United ..., Volume 4
By Asher Crosby Hinds, Clarence Cannon
   
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On the same day the resolution was agreed to by the House,1 and on the next day * the bill was returned by the President to the House.
On February 23,3 the House agreed to the following resolution, after some debate as to the method of procedure:
Resolved by the House of Representatives (the Senate concurring), That the action of the Speaker of the House of Representatives and of the President pro tempore of the Senate in signing the enrolled bill H. R. 297—"An act to authorize the construction of dams and power stations on the Tennessee River at Muscle Shoals, Alabama"—be rescinded, and that in the reenrollment of the bill the following amendments be made:
Amend section 1 of the enrolled bill by striking out, after the word "elect," at the end of line 5, section 1, page 1, the following: "between the mouth of Malletts Creek on the east, and," in line 6 of said section and insert in lieu thereof "and the Secretary of War may approve between a point on the southern side of the river opposite to or below the head or opening of the canal constructed by the United States on the north side of the river, on the east, and." Insert after the word "river," in line 10 of said section 1, page 1, the following: "between the two points above mentioned."
Amend by adding, after the word "war," in line 13, of said section 1, page 1, of said enrolled bill, the following: "for the protection of navigation and the property and other interests of the United States;" so that said section 1 of the enrolled bill when amended will read as follows:
"Be it enacted, etc., That any person, company, or corporation having authority therefor under the laws of the State of Alabama may hereafter erect, maintain, and use a dam or dams * * * etc.
Amend section 2, page 1, of said enrolled bill, by striking out after the word "canal," in line 25, page 1, of said section, all down to and including the word "river," in line 25 of said section 2.
Amend said section 2, page 1, of the enrolled bill, by striking out after the word "canal," in line 28, page 1, all down to and including the word "river," in line 29, and insert in lieu thereof the following: "or the Tennessee River;" so that said section 2 of the enrolled bill as amended will read as follows:
"sec 2. That detailed plans for the construction and operation of a dam or dams and other appurtenant and necessary works shall be submitted * * *" etc.
Amend section 3, page 2, of said enrolled bill, by striking out all after the word "otherwise," in line 17, of said section 3, page 2, down to and including the word "damage?' at the end of line 18 of said section and page, and insert in lieu thereof the following: "inacourtof competent jurisdiction;" so that said section 3 of said enrolled bill after being so amended will read:
"sec. 3. That the Government of the United States reserves * * *" etc.
On February 28 4 the Senate concurred in the action of the House, although a question was raised as to the propriety of the action.
3511. On March 23, 1906,5 by unanimous consent Mr. John H. Stephens, of Texas, offered the following resolution, which was agreed to:
Be it resolved by the House of Representatives (the Senate concurring), That the President be, and hereby is, requested to return to the House the bill (H. R. 431) to open for settlement 505,000 acres of land in the Kiowa, Comanche, and Apache Indian reservations in Oklahoma Territory.
On March 29, 1906," the Speaker said:
The Chair lays before the House the following message from the President of the United States, which it is proper to say was received in the legislative day of yesterday, but owing to the business of the House it was not convenient to lay it before the House at that time.
1 Record, p. 2506.
2 Record, p. 2553.
3 Record, pp. 2889-2900.
4Record, pp. 3050, 3102.
6 First session Fifty-ninth Congress, Record, p. 4201.
6 Record, pp. 4154-4156.
The Clerk read as follows:
To the House of Representatives:
In compliance with the resolution of the House of Representatives of the 26th instant (the Senate concurring), I return herewith House bill No. 431, entitled "An act to open for settlement 505,000 acres of land in the Kiowa, Comanche, and Apache Indian reservations in Oklahoma Territory."
Theodore Roosevelt.
The White House, March S8,1906.
Mr. Stephens, of Texas, offered the following resolution in reference to the same matter and asked unanimous consent for its present consideration:
Be it resolved by the House of Representatives (the Senate concurring), That the action of the Speaker of the House of Representatives and of the Vice-President of the United States and the President of the Senate in signing the enrolled bill H. R. No. 431, entitled "A bill to open for settlement 505,000 acres of land in the Kiowa, Comanche, and Apache Indian reservations in Oklahoma Territory," be, and hereby is, rescinded, and that in the reenrollment of the said bill (H. R. 431) the following amendments be made, viz: * * *
Mr. J. Warren Keifer, of Ohio, having objected, the message and bill were I referred to the Committee on Indian Affairs.
3512. On March 3,1904,1 in the Senate, the President pro tempore laid before the Senate the following message from the President of the United States; which was read:
To the Senate:
In compliance with the resolution of the Senate of the 1st instant (the House of Representatives concurring), I return herewith Senate bill No. 2323, entitled "An act relating to ceded lands on the Fort Hall Indian Reservation."
Theodore Roosevelt.
White House, March 2, 1904.
Thereupon Mr. Fred T. Dubois, of Idaho, submitted the following concurrent resolution; which was considered by unanimous consent, and agreed to:
Resolved by the Senate (the House of Representatives concurring), That the action of the Speaker of the House of Representatives and of the President pro tempore of the Senate in signing the enrolled bill (S. 2323) relating to ceded lands on the Fort Hall Indian Reservation be rescinded, and that in the reenrollment of the bill the word "thirty-five," in line 16 of the enrolled bill, be stricken out and the word "thirty-four" be substituted therefor, so as to correctly describe the range, inaccurately stated in the bill.
On March 4' the concurrent resolution was agreed to by the House,
Thereupon the Speaker canceled his signature.
3513. On March 22, 1904," the Speaker4 laid before the House the following concurrent resolution relating to a bill returned by the President of the United States on the request of the two Houses:
Resolved by the Senate (the House of Representatives concurring), That the action of the Speaker of the House of Representatives and of the President pro tempore of the Senate in signing the enrolled bill (S. 2323) relating to ceded lands on the Fort Hall Indian Reservation be rescinded, and that in the reenrollment of the bill all after "namely," in line 13 of the enrolled bill, down to and including line 20 of said bill, be stricken out and the following inserted: "Lot 4, section 1, township 7 south, range 34 east,
1 Second session Fifty-eighth Congress, Record, p. 2740.
2 Journal, p. 386; Record, p. 2839.
3 Second session Fifty-eighth Congress, Record, p. 3509.
4 Joseph G. Cannon, of Illinois, Speaker.
and the southeast quarter of the northeast quarter, section 18, township 7 south, range 35 east, and the east half of the southeast quarter of section 21, township 6 south, range 34 east, and which have heretofore been appraised, shall be paid for at the said appraised value at the time of and by the person making entry of the respective tracts upon which such improvements are situated," so as to correctly describe the range, inaccurately stated in the bill.
The House, by unanimous consent, considered the resolution and agreed to it. Thereupon the Speaker canceled his signature.
3514. On March 15, 1902,1 the following message was received:
To the House of Representatives:
In compliance with the resolution of the House of Representatives of the 14th instant (the Senate concurring), I return herewith the bill (H. R. 5224) entitled "An act for the relief of Edward Kershner."
Theodore Roosevelt.
White House, March 15, 190t.
The message having been read, Mr. Alston G. Dayton, of West Virginia, by unanimous consent, presented the following resolution, which was agreed to:
Resolved, That the message of the President and the bill (H. R. 5224) for the relief of Edward Kershner be transmitted to the Senate, with the request that the Senate reconsider its action in passing said bill, in order that an amendment may be made to the same by striking out the word "director" and inserting in lieu thereof the word "inspector."
On the same day, in the Senate,' the bill was, by unanimous consent, considered, the vote whereby the Senate had passed the bill was reconsidered, and the amendment suggested by the House was agreed to. The bill was then passed as amended. . . On March 17,* the bill with the Senate amendment was taken up in the House and the amendment was concurred in.
3515. On April 15, 1902,4 in the Senate, the President pro tempore6 laid before the Senate the following message:
In The House Of Representatives, April 14, 190i.
Resolved, That the bill (H. R. 11418) entitled "A bill granting an increase of pension to Hannah T. Knowles," with the accompanying message of the President be transmitted to the Senate by the Clerk, with the request that the Senate reconsider its action in passing the bill, in order that the bill may be amended as follows:
Change the title so as to read: "A bill granting a pension to Hannah T. Knowles."
Change the initial letter in name of the deceased sailor from "T" to "M," so as to read: "William M. Knowles."
Mr. Jacob H. GaUinger, of New Hampshire, being recognized when the message was read, said:
Mr. President, a few days ago a Senate bill was recalled from the President precisely similar to this one. Understanding that after a bill had been signed by the presiding officers of the two Houess of Congress it could not be reconsidered and amended, I introduced a new bill, which was passed through the Senate and sent to the other House. I want now to ask the Chair whether, in his opinion, it is competent for this body to reconsider and amend a bill that has received the signatures of the presiding officers of the two Houses?
1 First session Fifty-seventh Congress, Record, p. 2876.
2 Record, p. 2845.
3 Record, p. 2926.
* Record, p. 4141.
s William P. Frye, of Maine, President pro tempore.
The President pro tempore said:
In the opinion of the Chair, the only remedy in such a case is the introduction of a new bill.
Thereupon, on motion of Mr. Gallinger, the resolution of the House of Representatives was laid on the table.
On April 7 1 the Senate considered a new bill (S. 5046) for the promotion of anatomical science, etc., in the District of Columbia, in place of a similar bill (S. 2291) which had been recalled from the President after it had passed the two Houses.
3516. On January 31, 1901,2 the President of the United States, in accordance with a request of the House and Senate, returned the bill (H. R. 5048) entitled "An act to confirm in trust to the city of Albuquerque, in the Territory of New Mexico, the town of Albuquerque grant, and for other purposes."
On motion of Mr. John F. Lacey, of Iowa, by unanimous consent, the vote on the passage of the bill was reconsidered. Thereupon Mr. Pedro Perea, of New Mexico, offered this amendment:
At the end of section 1 strike out the period and place a semicolon and add the following: "and also reserving therefrom any private land grants that may have been or may hereafter be confirmed by the Court of Private Land Claims or other authority of the United States."
The amendment was agreed to, and the bill was ordered to be engrossed, read a third time, and passed.
On February 2s the bill, with the amendment of the House, was laid before the Senate. A question was raised as to the procedure; and the bill and amendment, after debate, were referred to the Committee on Rules.
On February 44 the House, on motion of Mr. Perea, passed a resolution requesting the Senate to return the bill to the House.
On February 6,5 the bill having been returned from the Senate, Mr. Lacey, by unanimous consent, presented, and the House agreed to, this resolution:
Resolved, That the vote whereby the House agreed to the amendment to the bill (H. R. 5048) to confirm to the city of Albuquerque, in the Territory of New Mexico, the town of Albuquerque land grant, and for other purposes, be reconsidered, and that said amendment be withdrawn; and that the bill be transmitted to the Senate.
On February 7," in the Senate, by unanimous consent, the votes whereby the bill was ordered to be read a third time and passed were reconsidered, and an amendment, identical with that first agreed to by the House, was adopted. The amendment was then ordered to be engrossed, and the bill was ordered to be read a third time and passed.
On February 8,7 on motion of Mr. Perea, the House concurred in the Senate amendment.
The bill was then reenrolled, signed by Speaker and President pro tempore, and transmitted to the President of the United States for approval.
1 Record, p. 3754.
2 Second session Fifty-sixth Congress, Record, p. 1762; Journal, p. 178.
3 Record, pp. 1843-1845.
4 Journal, p. 191; Record, p. 1920.
8 Journal, p. 198; Record, p. 2046.
• Record, p. 2054.
7 Journal, p. 211; Record, p. 2179.
3517. On February 5, 1901,1 the Speaker laid before the House a message from the President of the United States, returning, in accordance with the request of the House and Senate, the bill (H. R. 10761) entitled "An act granting an increase of pension to Oliver H. Cram."
Thereupon, by unanimous consent, Mr. James W. Ryan, of Pennsylvania, offered the following resolution:
Resolved by the House of Representatives (the Senate concurring), That the Committee on Enrolled Bills of the two Houses be authorized and directed to correct the enrolled bill of the House (H. R. 10761) entitled "An act granting an increase of pension to Oliver H. Cram," by striking out the words "Oliver H. Cram" wherever they occur in the title and text and inserting "Orville H. Cram."
The resolution was agreed to.
3518. On August 16, 1888,2 the enrolled bill (H. R. 10060) "prescribing the times for sales and for notice of sales of property in the District of Columbia for overdue taxes" was reported in House and Senate and signed by the Speaker and President pro tempore.
On August 27 * the House considered by unanimous consent, and passed, a concurrent resolution requesting the President of the United States to return the bill to the House. The Senate passed this resolution in concurrence, and the same day the President returned the bill to the House by a message,4 and both were referred to the Committee for the District of Columbia.
On September 25,5 in the House, by unanimous consent, the votes on the passage and engrossment and third reading were reconsidered, the bill was amended, and as amended was again engrossed, read a third time, and passed.
On September 266 the amendments were concurred in by the Senate.
On September 287 the bill was reported from the Committee on Enrolled Bills as duly enrolled, and was signed by the Speaker, and on October 18 the President pro tempore of the Senate signed the same.
The bill subsequently became a law by the President's signature.'
3519. An error in a bill that has gone to the President of the United States may be corrected by a joint resolution.—A clerical error in a bill that has gone to the President may be corrected by the passage of a joint resolution. See joint resolution No. 31, reported from the Committee on Enrolled Bills on May 13, 1846, and passed by the House that day.10
On May 1511 the President approved the resolution.
Also, on June 26, another."
1Second session Fifty-sixth Congress, Journal, p. 194; Record, p. 1971.
2 First session Fiftieth Congress, Record, pp. 7614 , 7642.
"Record, pp. 7973, 7996; Journal, p. 2672.
4Record, p. 8012; Journal, p. 2684.
8 Record, p. 8935; Journal, p. 2832.
• Record, p. 8951; Senate Journal, p. 1466. The Senate Journal shows that "the additional amendments of the House" were agreed to by the Senate, and that this was the extent of the Senate's action.
7 Record, p. 9018.
8 Record, p. 9052. 'Record, p. 9536.
10 First session Twenty-ninth Congress, Journal, p. 809.
11 Journal, p. 315. "Journal, p. 1006.
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