[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 11. Questions of Privilege]
[B. Privilege of the House]
[Â§ 6. Recognition to Offer; Determinations as to Validity]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1598-1600]
 
                               CHAPTER 11
 
                         Questions of Privilege
 
                       B. PRIVILEGE OF THE HOUSE
 
Sec. 6. Recognition to Offer; Determinations as to Validity

Speaker's Power to Recognize Member

Sec. 6.1 Questions asserted to involve the privilege of the House are 
    addressed to the Speaker; and he may refuse recognition if the 
    resolution is not shown to be admissible as a question of privilege 
    under the rule.

    On the legislative day of Oct. 8, 1968,(15) Mr. Robert 
Taft, Jr., of Ohio, presented a resolution pur

[[Page 1599]]

portedly involving a question of the privilege of the House. However, 
the Speaker (16) ruled that the Member could not be 
recognized for the purpose of calling up such a resolution. (See 
Sec. 3.2, supra.)
---------------------------------------------------------------------------
15. 114 Cong. Rec. 30214, 30215, 90th Cong. 2d Sess., Oct. 9, 1968 
        (calendar day).
16. John W. McCormack (Mass.).
---------------------------------------------------------------------------

    A parliamentary inquiry was then raised by Mr. Gerald R. Ford, of 
Michigan, questioning whether in fact the gentleman from Ohio had been 
recognized for the purpose of offering the resolution. Answering in the 
negative, the Speaker stated:(17)
---------------------------------------------------------------------------
17. 114 Cong. Rec. 30215, 90th Cong. 2d Sess., Oct. 8, 1968 (calendar 
        day Oct. 9, 1968).
---------------------------------------------------------------------------

        The Speaker: The gentleman from Michigan is well aware of the 
    fact that the question of recognition rests with the Chair. The 
    gentleman did not make a motion which was in order by reason of the 
    action heretofore taken by the House.

Preliminary Determinations; Deferral of Recognition

Sec. 6.2 On one occasion, the Chair deferred ruling on the validity of 
    a resolution presented as raising a question of the privilege of 
    the House.

    On May 21, 1941,~(18~) Mr. Clare E. Hoffman, of 
Michigan, submitted a resolution purportedly raising a question of the 
privilege of the House. Explaining his unwillingness to immediately 
entertain the resolution, the Speaker (19) 
said:20~
---------------------------------------------------------------------------
18. 87 Cong. Rec. 4307, 4308, 77th Cong. 1st Sess.
19. Sam Rayburn (Tex.).
20. 87 Cong. Rec. 4308, 77th Cong. 1st Sess., May 21, 1941.
---------------------------------------------------------------------------

        . . . For the moment at least the Chair would hesitate to hold 
    that the gentleman's resolution is privileged. The Chair assures 
    the gentleman that he would like to look into it further. He would 
    hesitate to hold at this time that the general criticism of Members 
    of the House is a matter so involving the privileges of the House 
    that a resolution of this kind would be in order. . . .
        The Chair desires to look into the matter and will talk with 
    the gentleman personally or recognize him in the House later in the 
    day.

    No further action was taken on the floor or by the Speaker.

Appeal From Speaker's Ruling

Sec. 6.3 On one occasion when an appeal was taken from the Speaker's 
    decision that a resolution did not state a question of the 
    privilege of the House, the House laid the appeal on the table, 
    thereby sustaining the decision of the Chair.

    On the legislative day of Oct. 8, 1968,(21~) Mr. Robert 
Taft, Jr., of

[[Page 1600]]

Ohio, presented a resolution which he asserted raised a question 
involving the privilege of the House. However, the Speaker 
(22) ruled that the Member could not be recognized for the 
purpose of presenting such a resolution. (See Sec. 3.2, supra.) Mr. 
Taft then appealed the ruling of the Chair. Immediately thereafter, Mr. 
Carl Albert, of Oklahoma, moved that the appeal be laid on the table. 
The question was taken and, by a vote of 136 yeas to 102 nays, the 
motion to lay the appeal on the table was agreed to.
---------------------------------------------------------------------------
21. 114 Cong. Rec. 30214, 30215, 90th Cong. 2d Sess., Oct. 9, 1968 
        (calendar day).
22. John W. McCormack (Mass.).
---------------------------------------------------------------------------