[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 11. Questions of Privilege]
[E. Basis of Questions of Personal Privilege]
[Â§ 30. Published Charges Involving Legislative Conduct]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1679-1687]
 
                               CHAPTER 11
 
                         Questions of Privilege
 
              E. BASIS OF QUESTIONS OF PERSONAL PRIVILEGE
 
Sec. 30. Published Charges Involving Legislative Conduct

Misuse of Public Funds

Sec. 30.1 A newspaper article to the effect that certain union 
    delegates ``left for home determined to raise hell about the misuse 
    of government funds'' by a Member gave rise to a question of 
    personal privilege.

    On Feb. 22, 1945,(13) Mr. Clare E. Hoffman, of Michigan, 
on a question of personal privilege, called the attention of the House 
to a newspaper article which stated that certain union delegates

[[Page 1680]]

from Mr. Hoffman's district left for home ``determined to raise hell 
about [his] misuse of government funds.'' The Speaker pro tempore 
(14) stated his belief that Mr. Hoffman had presented a 
question of personal privilege and recognized him for that purpose.
---------------------------------------------------------------------------
13. 91 Cong. Rec. 1368, 79th Cong. 1st Sess.
14. John W. McCormack (Mass.).
---------------------------------------------------------------------------

Deceptive Conduct

Sec. 30.2 An advertisement in a newspaper charging that a Member 
    ``sneaked'' a permanent committee through the House gave rise to a 
    question of personal privilege.

    On Mar. 15, 1946,(15) Mr. John E. Rankin, of 
Mississippi, claiming the floor on a question of personal privilege, 
read a newspaper advertisement charging that, ``In the confusion of the 
first day of the 1945 Congress, Rankin sneaked over a permanent House 
Committee on Un-American Activities.'' In his ruling recognizing the 
Member on the question, the Speaker (16) stated:
---------------------------------------------------------------------------
15. 92 Cong. Rec. 2328, 79th Cong. 2d Sess.
16. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        The Chair thinks that the gentleman states a question of 
    personal privilege in that the paper charges that he sneaked 
    something over on the House.
        The gentleman is recognized.

Dereliction of Duties

Sec. 30.3 A newspaper editorial implying nonperformance by a Member of 
    his representative duties in relation to the poor people of his 
    constituency gave rise to a question of personal privilege.

    On June 14, 1938,(17) Mr. John J. Boylan, of New York, 
presented as involving a question of personal privilege a newspaper 
editorial which stated ``Isn't it about time for the poor people of the 
15th district of New York to ask themselves just whom Mr. Boylan 
represents. He surely doesn't represent them.'' After the editorial had 
been submitted to the Speaker (18) for his inspection, he 
ruled:
---------------------------------------------------------------------------
17. 83 Cong. Rec. 9234, 75th Cong. 3d Sess.
18. William B. Bankhead (Ala.).
---------------------------------------------------------------------------

        The Chair finds in one of the marked paragraphs of the 
    editorial an implication which the Chair thinks involves the 
    gentleman's dignity, standing, and reputation as a Member of the 
    House. The Chair recognizes the gentleman from New York on a 
    question of personal privilege.

Confiscation of Evidence

Sec. 30.4 Newspaper headlines circulated through the mails indicating 
    that a Member had confiscated evidence

[[Page 1681]]

    needed to prosecute certain individuals was held to involve a 
    question of personal privilege.

    On Sept. 29, 1941,(19) Mr. Hamilton Fish, Jr., of New 
York, rose to a question of personal privilege and sent to the desk 
extracts from certain newspapers. The following exchange then occurred:
---------------------------------------------------------------------------
19. 87 Cong. Rec. 7576, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: (20) The Chair sees here what seems to 
    be the front page of some newspaper. but it is not identified here.
---------------------------------------------------------------------------
20. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        Mr. Fish: It is PM, a newspaper in New York. The Chair can see 
    it on the front of the page.
        The Speaker: Does this paper circulate through the mails?
        Mr. Fish: It does circulate through the mails, Mr. Speaker.
        The Speaker: In large headlines covering more than half of the 
    front page appear these words:

            Ham Fish snatches evidence wanted in U.S. Nazi hunt.

        The Chair thinks the gentleman states a question of personal 
    privilege.

Crippling War Controls

Sec. 30.5 During World War II, a newspaper article charging a Member 
    with actions which could leave certain administrators helpless and 
    which could cripple war controls was held to give rise to a 
    question of personal privilege.

    On June 7, 1944,(1) Mr. Howard W. Smith, of Virginia, 
rose to a question of personal privilege and read from a newspaper 
article charging him with leading a ``raid'' in the House which could 
leave price stabilization administrators helpless to combat rising 
prices and which could cripple war controls. In his ruling on Mr. 
Smith's question of personal privilege, the Speaker (2) 
stated:
---------------------------------------------------------------------------
 1. 90 Cong. Rec. 5460, 78th Cong. 2d Sess.
 2. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        The Chair is of the opinion that the language read is a 
    sufficient reflection on the gentleman to raise the question of 
    personal privilege, and the Chair will recognize the gentleman.

Conflicts of Interest

Sec. 30.6 A newspaper article alleging improper lobbying activities by 
    a Member to preserve his financial interests in a relative's estate 
    gave rise to a question of personal privilege.

    On June 6, 1962,(3) Mr. H. Carl Andersen, of Minnesota, 
rose to a question of privilege regarding a

[[Page 1682]]

newspaper article which alleged improper lobbying activities on his 
part to preserve his own financial interests in his brother's estate. 
The Speaker (4) then recognized Mr. Andersen on a question 
of personal privilege.
---------------------------------------------------------------------------
 3. 108 Cong. Rec. 9792-97, 87th Cong. 2d Sess.
 4. John W. McCormack (Mass.).
---------------------------------------------------------------------------

Sec. 30.7 A Member was recognized on a question of personal privilege 
    following publication of a newspaper column implying that he had 
    introduced legislation to repeal excise taxes on cars and trucks at 
    a time when the clients of his law firm included a trucking firm.

    On June 22, 1966,(5) Mr. Charles E. Chamberlain, of 
Michigan, rose to a question of privilege to call attention to a 
newspaper column in which it was alleged that he had introduced 
legislation to repeal excise taxes on cars and trucks but failed to 
list the name of his law firm or its clients, including a trucking 
firm, in the Congressional Directory. After the Member's statement of 
the question, the Speaker (6) recognized him on a question 
of personal privilege.
---------------------------------------------------------------------------
 5. 112 Cong. Rec. 13907, 13908, 89th Cong. 2d Sess.
 6. John W. McCormack (Mass.).
---------------------------------------------------------------------------

Abuse of Powers or Rank

Sec. 30.8 A newspaper story to the effect that a Member sullied 
    congressional honor and held a congressional hearing for the 
    political purpose of influencing a local election gave rise to a 
    question of personal privilege.

    On July 20, 1953,(7) Mr. Clare E. Hoffman, of Michigan, 
as a question of personal privilege, offered a newspaper editorial 
captioned ``Representative Hoffman Sullies Congressional Honor,'' and 
which stated in part:
---------------------------------------------------------------------------
 7. 99 Cong. Rec. 9242, 9243, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

        The immorality of holding a congressional hearing for the 
    political purpose of influencing a local election gave off such a 
    stench that the full committee apparently wanted no part of it.

The Speaker (8) then ruled on the question, observing:
---------------------------------------------------------------------------
 8. Joseph W. Martin, Jr. (Mass.).
---------------------------------------------------------------------------

        The gentleman does not have to proceed any further. He has 
    stated a question of personal privilege and is recognized for 1 
    hour.

Sec. 30.9 A newspaper article to the effect that a committee chairman 
    used a subcommittee for an improper purpose was held to give rise 
    to a question of personal privilege.

[[Page 1683]]

    On July 21, 1953,(~9~) Mr. Clare E. Hoffman, of 
Michigan, rose on a question of personal privilege to call attention to 
a newspaper article which asserted that he had used a subcommittee 
which he had chaired to investigate the Air Force for refusing to award 
a contract to certain constituents. The Speaker (10) was of 
the opinion that Mr. Hoffman had stated a question of personal 
privilege and recognized him for one hour.
---------------------------------------------------------------------------
 9. 99 Cong. Rec. 9412-14, 83d Cong. 1st Sess.
10. Joseph W. Martin, Jr. (Mass.).
---------------------------------------------------------------------------

Sec. 30.10 A newspaper editorial charging a Member with having no 
    scruples about using the power which seniority had brought him for 
    personal reprisals, and that he seemed unfit to govern, gave rise 
    to a question of personal privilege.

    On July 12, 1955,(11) Mr. Francis E. Walter, of 
Pennsylvania, claiming the floor on a question of personal privilege, 
read from a newspaper editorial which referred to him in the following 
language:
---------------------------------------------------------------------------
11. 101 Cong. Rec. 10304, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        He seems to have no scruples about using the power which 
    seniority has brought him as a member of the Judiciary Committee to 
    attempt personal reprisals against those whom he dislikes. . . .
        A man with so little capacity for government himself seems 
    scarcely fit for the governing of his countrymen.

After hearing the objectionable words, the Speaker (12) 
stated that a question of personal privilege had been stated.
---------------------------------------------------------------------------
12. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

Improprieties as Committee Chairman

Sec. 30.11 A newspaper article charging that the chairman of a 
    committee had ``rammed through'' a resolution pending before his 
    committee gave rise to a question of personal privilege.

    On July 16, 1962,(13) Mr. Clarence Cannon, of Missouri, 
sought the floor for a question of personal privilege and proceeded to 
discuss a newspaper article charging that, as Chairman of the Committee 
on Appropriations, he had ``rammed through'' a resolution pending 
before his committee, without allowing debate and without explanation. 
After the submission of the article to the Chair, the Speaker 
(14) recognized Mr. Can

[[Page 1684]]

non on a question of personal privilege.
---------------------------------------------------------------------------
13. 108 Cong. Rec. 13681, 13682, 87th Cong. 2d Sess.
14. John W. McCormack (Mass.).
---------------------------------------------------------------------------

Sec. 30.12 A newspaper editorial to the effect that a chairman of a 
    committee so discredited himself by irresponsible actions that his 
    committee voted to strip him of power to name subcommittees gave 
    rise to a question of personal privilege.

    On July 29, 1953,(15) Mr. Clare E. Hoffman, of Michigan, 
rising to a question of personal privilege, read from a newspaper 
editorial which asserted that he, as Chairman of the Committee on 
Government Operations, had so discredited himself by irresponsible 
actions that the committee voted to strip him of power to name 
subcommittees. In his ruling granting the Member recognition on his 
question of personal privilege, the Speaker (16) stated:
---------------------------------------------------------------------------
15. 99 Cong. Rec. 10351, 83d Cong. 1st Sess.
16. Joseph W. Martin, Jr. (Mass.).
---------------------------------------------------------------------------

        The Chair believes that the gentleman is justified in rising to 
    a question of personal privilege on the ground that the matter to 
    which he has referred is a reflection on him in his representative 
    capacity.

Sec. 30.13 A statement in a magazine article asserting that a committee 
    report contained ``stale lies and shabby calumnies'' and inferring 
    that the chairman of the committee failed to give minority members 
    an opportunity to file minority views was held to present a 
    question of personal privilege.

    On Jan. 16, 1941,(17) Mr. Howard W. Smith, of Virginia, 
presented as involving a question of privilege a magazine article which 
stated, ``We do not have the space at this time to disentangle and 
answer all the stale lies and shabby calumnies rehashed in the final 
report of the Smith committee'' and which alleged that the chairman of 
the committee had failed to give minority Members an opportunity to 
file minority views with the majority report. The Speaker 
(18) then granted recognition to Mr. Smith on the question 
of personal privilege.
---------------------------------------------------------------------------
17. 87 Cong. Rec. 158, 77th Cong. 1st Sess.
18. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

Avoidance of Committee Responsibilities

Sec. 30.14 A newspaper article to the effect that certain named Members 
    of the House, who originally accused an individual of communistic 
    affiliations, had ducked the com

[[Page 1685]]

    mittee session in which the individual was cleared of such charges, 
    was held to involve a question of personal privilege.

    On Dec. 17, 1941,(19) Mr. Everett M. Dirksen, of 
Illinois, rose and proposed as a question of personal privilege to call 
attention to a newspaper article which asserted that Mr. Dirksen and 
two other Members, who had originally accused David Lasser of 
communistic affiliations, had failed to attend the committee session 
when Lasser was cleared of the charges. In his ruling granting 
recognition to the Member, the Speaker (20 stated:
---------------------------------------------------------------------------
19. 87 Cong. Rec. 9913, 77th Cong. 1st Sess.
20. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        The rule covering this matter states:

            Questions of privilege shall be, first, those affecting the 
        rights of the House collectively, its safety, dignity, and the 
        integrity of its proceedings; second, the rights, reputation, 
        and conduct of Members individually in their representative 
        capacity only.

        The Chair thinks the gentleman states a question of personal 
    privilege.

``Disgraceful'' Conduct Reflecting on the House

Sec. 30.15 An insertion in a newspaper editorial that the conduct of a 
    Member had been so disgraceful as to reflect upon the membership of 
    the House was held to be sufficient grounds for a question of 
    personal privilege.

    On Feb. 18, 1936,(1) Mr. Thomas L. Blanton, of Texas, on 
a question of personal privilege, called the attention of the House to 
a newspaper editorial which read in part:
---------------------------------------------------------------------------
 1. 80 Cong. Rec. 2320, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        The case of the people of Washington against Thomas L. Blanton 
    is clearly posed. It is one of ignorant and prejudiced domination 
    over local appropriations by a Congressman whose chief reliance in 
    an argument seems to be epithets and fists. It is an important case 
    for Congress as well as for the voteless Capital City. . . .
        Indeed, the disgrace that such tactics bring upon the National 
    Legislature--aside from their deplorable effects upon Washington--
    should result in a speedy transfer of Mr. Blanton.

    The Speaker (2) ruled that the editorial gave rise to a 
question of personal privilege, observing:
---------------------------------------------------------------------------
 2. Joseph W. Byrns (Tenn.).
---------------------------------------------------------------------------

        . . . Without entering into a discussion of the language which 
    has been read by the gentleman from Texas, the Chair clearly thinks 
    that the publication which charges that his conduct has been so 
    disgraceful as to reflect upon the Members of the House entitles 
    the gentleman to be heard on the question of privilege, and the 
    Chair

[[Page 1686]]

    therefore recognizes the gentleman from Texas for 1 hour.

Sec. 30.16 A newspaper article charging that a Member of Congress had 
    long disgraced himself by being ``anti-United Nations, antiSemitic, 
    anti-Negro, [and] antilabor'' was held to involve a question of 
    personal privilege.

    On Jan. 8, 1945,(3) Mr. John E. Rankin, of Mississippi, 
on a question of personal privilege, called the attention of the House 
to a newspaper article which repeated charges as described above. The 
Speaker (4) then ruled:
---------------------------------------------------------------------------
 3. 91 Cong. Rec. 107, 108, 79th Cong. 1st Sess.
 4. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        The Chair believes that the gentleman from Mississippi has 
    stated a question that involves the privileges of the House, it 
    being an attack on his integrity as a Member of the House.

Improper Conduct in Agency Dealings

Sec. 30.17 A notation on the margin of a letter sent to the press to 
    the effect that a Member had visited the office of the director of 
    an agency while intoxicated and had ``cussed out'' the director's 
    clerks in such a manner that the director refused to see him, was 
    held to give rise to a question of personal privilege.

    On Apr. 16, 1943,(5) Mr. Paul Stewart, of Oklahoma, 
claimed the floor for a question of personal privilege and proceeded to 
discuss the contents of a notation on the margin of a letter sent to 
two newspapers which asserted that the Member had visited the office of 
the director of the Office of Price Administration ``half drunk'' and 
had ``cussed out'' the clerks there in such a manner that the director 
refused to see him. The Speaker (6) then ruled that a 
question of personal privilege had been stated.
---------------------------------------------------------------------------
 5. 89 Cong. Rec. 3471, 78th Cong. 1st Sess.
 6. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

Abuse of Franking Privilege

Sec. 30.18 A newspaper article quoting a book containing an accusation 
    that a Member permitted the use of his frank by one of questionable 
    character gave rise to a question of personal privilege.

    On Jan. 28, 1944,(~7~) Mr. Clare E. Hoffman, of 
Michigan, on a question of personal privilege, called the attention of 
the House

[[Page 1687]]

to a newspaper article quoting a book which asserted that the Member 
had permitted the use of his frank by a man of questionable character. 
The Speaker pro tempore (8) then recognized the Member on 
the question of personal privilege.
---------------------------------------------------------------------------
 7. 90 Cong. Rec. 879, 78th Cong. 2d Sess.
 8. John W. McCormack (Mass.).
---------------------------------------------------------------------------