[Deschler-Brown Precedents, Volume 12, Chapter 29 (Sections 1-34), Volume 13, Chapter 29 (Sections 35-end, plus index)]
[Chapter 29. Consideration and Debate]
[G. References to House, Committees, or Members]
[Â§ 66. Disloyalty]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 10895-10900]
 
                               CHAPTER 29
 
                        Consideration and Debate
 
             G. REFERENCES TO HOUSE, COMMITTEES, OR MEMBERS
 
Sec. 66. -- Disloyalty

    Remarks in debate impugning the loyalty of a Member are not in 
order.(1) However, if such language is directed at the House 
or at its membership in general, the remarks may not be 
improper.(2) Allegations of disloyalty or lack of patriotism 
may assume various forms, including such labels as

[[Page 10896]]

``communist'' (3) and ``subversive,'' (4) as well 
as the assertion that a Member has given aid or comfort to the 
enemy.(5)
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 1. Accusations of active disloyalty are in order when the subject is 
        relevant to disciplinary proceedings brought by the House 
        against a Member, or to the consideration of resolutions of 
        censure, expulsion, or exclusion. See Ch. 7, supra (disloyalty 
        as disqualification for membership) and Ch. 12, supra (conduct; 
        punishment, censure, or expulsion).
 2. See, for example, Sec. 53.1, supra. Compare 5 Hinds' Precedents 
        Sec. 5139 (``rebel elements'' in House held unparliamentary).
 3. See Sec. Sec. 66.1-66.5, infra.
 4. See Sec. 66.8, infra.
 5. See Sec. Sec. 66.3, 66.4, 
        infra.                          -------------------
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Particular Accusations--Communism

Sec. 66.1 A statement in debate referring to another Member's language 
    as ``communistic'' was held unparliamentary.

    On Feb. 12, 1946,(6) Mr. John E. Rankin, of Mississippi, 
stated in response to comments accusing him of using disgraceful 
language, ``I am not going to sit here and listen to these communistic 
attacks made on me.''
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 6. 92 Cong. Rec. 1241, 79th Cong. 2d Sess.
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    Speaker Sam Rayburn, of Tex-as, ruled that Mr. Rankin's language 
was unparliamentary.

Sec. 66.2 A statement in debate accusing all opponents of the Committee 
    on Un-American Activities as communist enemies was held in order on 
    the assurance of the Member having the floor that he was not 
    referring to any Member of the House.

    On Feb. 27, 1946,(7) Mr. John E. Rankin, of Mississippi, 
stated of the words ``The House Un-American Committee'' that had 
appeared in a Congressional Record insert by another Member:
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 7. 92 Cong. Rec. 1724, 79th Cong. 2d Sess.
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        That is the Communist line, Mr. Speaker, that is being followed 
    by these enemies of our country, in their attacks on the Committee 
    on Un-American Activities.

    Mr. Adolph J. Sabath, of Illinois, asked that those words be taken 
down, and Speaker Sam Rayburn, of Texas, questioned Mr. Rankin as to 
whether he intended to refer to Mr. Sabath in stating those remarks. 
Mr. Rankin stated that he was not referring to 
any individual in the House but 
only to communists and enemies throughout the Nation. No further action 
was taken in the matter.

Giving Aid and Comfort to Enemies

Sec. 66.3 A statement in debate referring to Members who give aid and 
    comfort to enemies and traitors was ruled not a breach of order 
    since it did not reflect on individual Members.

    On Nov. 24, 1947,(8) Mr. John E. Rankin, of Mississippi, 
delivered the following words in debate:
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 8. 93 Cong. Rec. 10791, 80th Cong. 1st Sess.

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[[Page 10897]]

        . . . It has been amazing to hear these Members rise on the 
    floor of the House and give aid and comfort to those enemies, those 
    traitors within our gates, for every Communist in America is a 
    traitor to the Government of the United States and is dedicated to 
    its overthrow.

    The words were demanded to be taken down by Mr. Vito Marcantonio, 
of New York, and Speaker Joseph W. Martin, Jr., of Massachusetts, ruled 
that although a close question was presented, the remarks used did not 
reflect upon individual Members personally and were therefore not out 
of order.

Sec. 66.4 A reference in debate to Members whose utterances would give 
    ``great aid and comfort to the Soviet Politburo'' was held to 
    violate the rules and was stricken from the Record.

    On Aug. 17, 1951,(9) Speaker Sam Rayburn, of Texas, 
ruled that certain words used in reference to Members violated the 
rules of the House.
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 9. 97 Cong. Rec. 10250, 82d Cong. 1st Sess.
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    Parliamentarian's Note: The words objected to and stricken from the 
Record referred to certain Members as ``apostles of doom'' whose 
utterances would give ``great aid and comfort'' to the Politburo of the 
Soviet Union.

Sec. 66.5 A statement in debate referring to Members of the House who 
    would rip down the American flag and replace it with the Soviet 
    flag was held in order as not 
    reflecting on any particular 
    individual Member of the House.

    On Mar. 25, 1948,(10) Mr. Edward E. Cox, of Georgia, 
stated in debate as follows:
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10. 94 Cong. Rec. 3533, 80th Cong. 2d Sess.
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        Mr. Chairman, how long, I wonder, must Members of this body sit 
    here and hear assaulted from day to day the Government we love, and 
    by people who would rip from the wall that symbol of liberty that 
    hangs above the Speaker's rostrum, and who would run down the flag 
    of the stars and stripes that proudly floats above this Capitol and 
    run up in its stead the flag of the hammer and sickle?

    Speaker Joseph W. Martin, Jr., of Massachusetts, ruled that nothing 
in the words used reflected upon any particular individual Member of 
the House and that in the debate at that time much latitude would be 
allowed.

References to Fascist Elements

Sec. 66.6 A statement in debate that insertions in the Record by 
    another Member were taken from ``Nazi elements'' was held to be out 
    of order.

[[Page 10898]]

    On June 14, 1940,(11) Mr. Adolph J. Sabath, of Illinois, 
demanded that the following words used in reference to him in debate be 
taken down:
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11. 86 Cong. Rec. 8269, 76th Cong. 3d Sess.
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        I feel these inserts are unjustifiable and unwarranted. They 
    are not founded on facts. You cannot substantiate any of them--I 
    think you should desist--taken from Nazi elements who are feeding 
    you with that stuff.

    Speaker Pro Tempore Emmet O'Neal, of Kentucky, ruled that the words 
referring to Nazi elements were out of order.

Sec. 66.7 A statement by a Member that internal fascist organizations 
    exercised extensive influence on a special House committee was held 
    to impugn the motives and actions of the committee and its members 
    and was ruled a breach of order.

    On Feb. 11, 1941, during consideration of House Resolution 90 to 
continue investigation by a special committee [the Dies Committee] on 
unAmerican activities, Mr. Samuel Dickstein, of New York, had the floor 
in debate.(12) Mr. John E. Rankin, of Mississippi, 
interrupted Mr. Dickstein's remarks and demanded that the following 
words be taken down as a violation of the rules of the House:
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12. 87 Cong. Rec. 894, 895, 77th Cong. 1st Sess.
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        I also charge, Mr. Speaker, that 110 Fascist organizations in 
    this country had the back key, and have now the back key to the 
    back door of the Dies committee.

    Speaker Sam Rayburn, of Tex-as, ruled that the language noted 
``certainly impugns the motives and actions of a committee and the 
individual members thereof.'' The House then expunged Mr. Dickstein's 
entire speech from the Congressional Record.

Characterizing Debate as Subversive

Sec. 66.8 When a Member in debate accuses another of making remarks 
    that are subversive, it is a violation of the rules of the House.

    On Apr. 2, 1946,(13) Mr. John E. Rankin, of Mississippi, 
demanded that words used by Mr. Vito Marcantonio, of New York, in 
debate accusing him of subversive remarks be taken down. Speaker Sam 
Rayburn, of Texas, ruled that ``when a Member accuses another of making 
remarks that are subversive, it is a violation of the rules of the 
House.''
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13. 92 Cong. Rec. 2957, 2958, 79th Cong. 2d Sess.
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    Parliamentarian's Note: The objectionable words, which were

[[Page 10899]]

stricken from the Record, were as follows: ``There is nothing more 
subversive than the kind of red baiting tactics that are being carried 
on in this House by the gentleman from Mississippi.''

Sec. 66.9 A statement in debate referring to another Member as 
    attempting to undermine the government was held out of order and 
    stricken from the Record.

    On May 14, 1946,(14) Mr. Charles E. McKenzie, of 
Louisiana, delivered remarks in debate accusing another Member who had 
spoken before him of ``trying to undermine'' the government. The words 
were taken down and Speaker Sam Rayburn, of Texas, ruled that they were 
not parliamentary since they reflected upon a Member of the House. The 
words were then stricken from the Record.
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14. 92 Cong. Rec. 5028, 79th Cong. 2d Sess.
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Sec. 66.10 A statement in debate referring to the association of a 
    Member with a newspaper allegedly dedicated to the destruction of 
    the government was held in order.

    On Mar. 28, 1946,(15) the following remarks in debate by 
Mr. John E. Rankin, of Mississippi, in relation to Mr. Andrew J. 
Biemiller, of Wisconsin, were taken down:
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15. 92 Cong. Rec. 2751, 79th Cong. 2d Sess.
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        I have just seen in the Communist Daily Worker of this morning 
    that Mr. Andrew J. Biemiller had written these words, ``There is no 
    place in our democracy for a committee functioning like the present 
    one,'' referring to the Committee on Un-American Activities. He 
    does not know any more about what goes on in the Committee on Un-
    American Activities than he does about what goes on in the moon. He 
    has never come before that committee, he has never asked it a 
    question, he has never appeared before it, yet he goes into the 
    Communist Daily Worker, that everybody knows is dedicated to the 
    destruction of this Government----

    Speaker Sam Rayburn, of Tex-as, ruled that Mr. Rankin was 
expressing his opinion of the newspaper and not reflecting upon the 
character or integrity of Mr. Biemiller.

Characterization of House Committees

Sec. 66.11 A statement in debate characterizing the Committee of the 
    Whole as an agency of the Soviet Union was held in order as it did 
    not reflect upon any Member's integrity but indicated criticism of 
    the House.

    On June 4, 1948,(16) Mr. Clarence Cannon, of Missouri, 
stated

[[Page 10900]]

in debate: ``You will think, when you review the Soviet press, that the 
committee of this House [the Committee of the Whole] was an agency of 
the U.S.S.R.'' Mr. Frank B. Keefe, of Wisconsin, demanded that the 
words be taken down, and Speaker Joseph W. Martin, Jr., of 
Massachusetts, ruled that the words used indicated criticism of the 
House but did not reflect upon the integrity of any individual Member 
and were therefore in order.
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16. 94 Cong. Rec. 7171, 80th Cong. 2d Sess.
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Sec. 66.12 A reference in debate to the Committee on Un-American 
    Activities as ``the Un-American Committee'' was held out of order.

    On June 12, 1947,(17) Mr. John E. Rankin, of 
Mississippi, demanded the taking down of the reference by Mr. Chet 
Holifield, of California, in debate to the Committee on Un-American 
Activities as the ``Un-American Committee.''
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17. 93 Cong. Rec. 6895, 80th Cong. 1st Sess.
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    Speaker Joseph W. Martin, Jr., of Massachusetts, ruled that the 
reference impugned the motives of the committee in question and were 
used in debate in violation of the rules of the House.