or concurrence in a vote, or a message from the King, were sometimes communicated by way of conference. But this is not the modern practice. (1366.) [Senate Manual, 1901, p. 137; House Manual, 56th Cong., 2d sess., p 207. CHARACTER OF CONFERENCES. 2. Conferences may either be simple or free. (Jefferson's Manual, Section XLVI.) [NOTE. This rule and the definition and description of the two kinds of conferences are found in the foregoing section. Vice-President Hamlin, in ruling upon a question of order in the Senate in the Thirty-eighth Congress, stated the rule and the distinction between free and simple conferences as follows: "Conferences are of two characters, free and simple. A free conference is that which leaves the committee of conference entirely free to pass upon any subject where the two branches have disagreed in their vote, not, however, including any action upon any subject where there has been a concurrent vote of both branches. A simple conference-perhaps it should more properly be termed a strict or a specific conference, though the parliamentary term is simple-is that which confines the committee of conference to the specific instructions of the body appointing it." (Thirtyeighth Congress, first session, Congressional Globe, Part I, p. 900.) Speaker Reed, in his Manual of General Parliamentary Law, chapter XV, section 242, states that "A free conference is one where the conferees meet and present not only the reasons of each House, but such arguments and reasons and persuasions as seem suitable to each member of the committee. Instead of being confined to reasons adopted by either House, each member may present his own. A conference may therefore be a free conference though each House may have instructed its members and limited them to the terms of the agreement. This method of conference is the only one known to our parliamentary law; at least, it is the only one now in practice. When two legislative bodies in this country have a conference, it is a free conference * ."] * * REQUESTS FOR CONFERENCE. 3. The request for a conference must always be made by the House in possession of the papers. (1366.) [Jefferson's Manual, Sec. XLVI. 4. The motion to ask for a conference comes properly after the motion to disagree, insist, or adhere. (1367.) 5. A conference may be asked before there has been a disagreement. (1366.) [48th Cong., 1st sess., Sen. Jour., pp. 628, 642-643: Jefferson's Manual, Sec. XLVI. 6. After one House has adhered the other may recede or ask a conference, which may be granted by the other House. (1358-1361.) [23d Cong., 1st sess., Sen. Jour., p. 112; Sen. Jour., vol. 2, pp. 70, 71; Sen. Jour., vol. 5, pp. 657, 661; Jefferson's Manual, Sec. XLVI. 7. The House may agree to a conference without reconsidering its vote to adhere. (1362.) 8. Instances have occurred where one House has adhered at once and has even refused a conference. (1363.) [NOTE.-In Section XLV, Jefferson's Manual, it is stated that "Either House is free to pass over the term of insisting, and to adhere in the first instance, but it is not respectful to the other. In the ordinary parliamentary course there are two free conferences, at least, before an adherence."] 9. Where one House has voted at once to adhere, the other may insist and ask a conference; but the motion to recede has precedence. (1364.) 10. One House may disagree to the amendment of the other, leaving it for the latter House to ask for the conference as soon as the vote of disagreement is passed. (1368.) 11. The amending House may insist at once upon its amendments, and ask for a conference. (1370-1371.) [48th Cong., 1st sess., Sen. Jour., pp. 628, 642, 643; Cong. Rec., pp. 3974-4098. 12. The request of the other House for a conference may be referred to a committee. [19th Cong., 1st sess., Sen. Jour., p. 302; 49th Cong., 1st sess., Ho. Jour., pp. 2292, 2293; Cong. Rec., p. 7332. 13. Where a conference committee is unable to agree, or where a report is disagreed to, another conference is usually asked for and agreed to. (1384-1388.) 84281°-S. Doc. 846, 61-3—-28 14. Before the stage of disagreement has been reached, the request of the other House for a conference gives the bill no privilege over the other business of the House. (1374, 1375.) 15. The conference on a disagreement as to Senate amendments to a House bill having failed, the Senate reconsidered its action in amending and passing the bill, passed it with a new amendment, and asked a new conference. [55th Cong., 3rd sess., Cong. Rec., pp. 317, 439, 628, 631, 2303, 2360, 2362, 2770.] 16. The motion to insist and ask a conference has precedence of the motion to instruct conferees. CONFEREES. (1376-1379.) APPOINTMENT OF CONFEREES. 17. Statement of principles governing the selection of conferees on the part of the House (1383), namely: [NOTE. These principles and provisions are also applicable to the Senate and in harmony with its practice.] The House members of conference committees, called the managers on the part of the House, are appointed by the Speaker. [NOTE. The Senate members of conference committees, called the managers on the part of the Senate, are appointed by the Presiding Officer, by unanimous consent, under the custom of the Senate. Rule XXIV, clause 1, provides that all committees of the Senate shall be appointed by ballot unless otherwise ordered.] They are usually three in number, but on important measures the number is sometimes increased. In the selection of the managers the two large political parties are usually represented, and, also, care is taken that there shall be a representation of the two opinions which almost always exist on subjects of importance. Of course the majority party and the prevailing opinion have the majority of the managers. * * * It is also almost the invariable practice to select managers from the members of the committee which considered the bill. * * * But sometimes in order to give representation to a strong or prevailing sentiment in the House the Speaker goes outside the ranks of the committee. * * * The managers of the two Houses while in conference vote separately, the majority determining the attitude to be taken toward the propositions of the other House. When the report is made the signatures of a majority of each board of managers are sufficient. The minority managers frequently refrain from signing the report, and it is not unprecedented for a minority manager to indorse his protest on the report. 18. When conferees have disagreed or a conference report has been rejected, the usual practice is to reappoint the managers, although it seems to have been otherwise in former years. (1383.) 19. Conferees having been appointed, it is too late to reconsider the vote whereby the House has disagreed to a Senate amendment. (1205.) DISCHARGE OF CONFEREES. 20. While a conference asked by the House was in progress on the House's disagreement to Senate amendments, by a special order the House discharged its conferees, receded from its disagreement, and agreed to the amendments. (1373.) [NOTE.—Similar action was taken by the Senate under like circumstances in the Forty-second Congress (Forty-second Congress, second session, Senate Journal, p. 1028).] INSTRUCTIONS TO CONFEREES. 21. It is in order to instruct conferees, and the resolution of instruction should be offered after the House has voted to insist and ask a conference and before the conferees have been appointed. (1376-1379.) [38th Cong., 2d sess., Sen. Jour., p. 268; 39th Cong., 1st sess., Sen. Jour., p. 782, 784; 40th Cong., 2d sess., Sen. Jour., p. 119. 22. It is not the practice to instruct conferees before they have met and disagreed. (1380.) 23. It is not in order to give such instructions to conferees as would require changes in the text to which both Houses have agreed. (1380.) 24. The House having asked for a free conference, it is not in order to instruct the conferees. (1381.) 25. The motion to instruct conferees is amendable. (1390.) [40th Cong., 2d sess., Sen. Jour., p. 119. 26. A conference report may be received although it may be in violation of instructions given to the conferees. (1382.) CONFERENCE COMMITTEES AND REPORTS. AUTHORITY OF CONFERENCE COMMITTEES. 27. A conference committee is practically two distinct committees, each of which acts by a majority. (1401.) 28. Conference reports must be signed by a majority of the managers on the part of each House. They are made in duplicate for the managers to present to their respective Houses, the signatures of the managers of each House appearing first on the report that is to be presented to the House they represent. [NOTE.-See form of conference report appended.] 29. Conferees may not include in their report matters not committed to them by either House. (1414-1417.) [50th Cong., 1st sess., Sen. Jour., pp. 1064, 1065; 54th Cong., 2d sess., Sen. Jour., pp. 90, 91, 96. In the House, in case such matter is included, the conference report may be ruled out on a point of order. (See Rule 50, below.) In the Senate, in case such matter is included, the custom is to submit the question of order to the Senate. [NOTE. In the Fifty-fifth Congress, first session, Vice-President Hobart, in overruling a point of order made on this ground against a |