wise ordered by resolution of the House in which the same are presented or introduced, be transmitted by the Secretary of the Senate or the Clerk of the House of Representatives, with all the accompanying documents, to the Court of Claims.”—Stat. at Large, Vol. XII, p. 765. [Where it is proposed to refer a case, of which the court has no jurisdiction under existing laws, the usual mode is by joint resolution.] By the same act members of Congress are prohibited Members of Confrom practicing in said court.-Ibid., p. 766. The Clerk of the House is directed "to transmit to said court, on the application of the clerk of said court, the papers in his office in any case that is now or may be hereafter pending in said court, taking a receipt there for."-Journal, 1, 34, p. 583. gress not to prac tice before. Transmission of papers to. papers from. "The papers in all cases heretofore referred by this Withdrawal of House to the Court of Claims, arising under contract or departmental decision, may be withdrawn from said court upon the order of the Clerk of the House, to be given upon the application therefor of any member to him, with the assent of the claimant; and when said papers are received by the Clerk, they shall be held by the Clerk the same as if never referred.”—Journal, 1, 34, p. 614. "All petitions for pensions heretofore referred to the Pension papers Court of Claims, may be withdrawn and referred to their drawn. appropriate committees in the House."-Journal, 1, 34, p. 631. [Ordinarily, except in the foregoing cases, papers are referred to or withdrawn from the Court of Claims on motion in the House; and, except in the case of the reference of a matter then before the House, the motion can only be made by unanimous consent, or at such time as resolutions are in order under the rules.] may be with How papers are ordinarily withdrawn from and referred to. Bills from, to be calendar and reports printed. placed on private "The bills from the Court of Claims shall, on being laid before the House, be read a first and second time, committed to the Committee of the Whole House, and, together with the accompanying reports, printed."-Rule 122. When bills and reports from said court, reported to the House, are left undisposed of at the end of a Con- the end of a Congress, at the beginning of the next Congress the bills Bills and reports undisposed of at gress. Judges of, admitted within the hall. Shall be elected at the commence shall be again read twice and referred, and the adverse reports restored to the private calendar.-Journals, 1, 35, pp. 134, 135; 1, 36, p. 247. [And when bills from said. court shall have passed the Senate and remain undisposed of in the House at the end of a Congress, they shall be returned to the Senate.] Judges of the Court of Claims are admitted within the hall of the House.-Rule 134. CLERK OF THE HOUSE. A Clerk shall be elected at the commencement of each ment of Congress. Congress.-Rule 10. The act of June 1, 1789, provides that at the first session of Congress after every general election of Representatives, the oath or affirmation therein. prescribed "shall be administered by any one member of the House of Representatives to the Speaker; and Speaker shall by him to all the members present, and to the Clerk, previous to entering on any other business." And in the case of a vacancy which occurred in the office of Clerk during the 31st Congress, (see Journal, 1, 31, p. 789,) it was decided that the House could take no action upon, nor transact, any other business until a Clerk was elected. administer oath to. The following is the oath of office prescribed for the Clerk by the 10th Rule and the act of June 1, 1789, viz: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and that I will truly and faithfully discharge the duties of Clerk of the House of Representatives, to the best of my knowledge and abilities, and keep the secrets of the House." He is also required by the act of July 2, 1862, to take an additional oath.-(See OATH.) In the election of a Clerk there shall be a previous nomination-Rule 11; and the vote shall be taken viva voce.-Rule 10. A majority of the votes given shall be necessary to an election; and where there shall not be such a majority on the first ballot the ballot shall be repeated until a majority be obtained. And in all ballotings blanks shall be rejected, and not taken into the count in enumeration of votes, or reported by the tellers.—Rule 12. pointed by the Before proceeding to the election of a Clerk, the Speaker Tellers apappoints four tellers to keep and make report of the Speaker. vote. (See ELECTIONS BY THE HOUSE.) duties as soon as [As soon as the Speaker has declared a person elected Enters upon his Clerk, the oath of office is administered to him, and he he takes oath. enters upon the duties of the same.] By the act of February 23, 1815, (Stat. at Large, Vol. III, p. 212,) it is made the duty of the Clerk, within thirty days after he enters upon the duties of his office, to give bond to the United Gives bond. States, with one or more sureties, to be approved by the Comptroller of the Treasury, in the penal sum of twenty thousand dollars, with condition for the faithful application and disbursement of the contingent fund of the House. The Clerk shall continue in office until his successor is appointed.-Rule 10. By the act of February 21, 1867, Stat. at Large, Vol. Duty of, in preXIV, p. 397, it is provided: "That before the first meeting of the next Congress, and of every subsequent Congress, the Clerk of the next preceding House of Representatives shall make a roll of the Representatives elect, and place thereon the names of all persons claiming seats as Representatives elect from States which were represented in the next preceding Congress, and of such persons only, and whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States." And "That in case of a vacancy in the office of Clerk of the House of Representatives, or of absence or inability of said Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Rep. resentatives or the organization of the House, the said duties shall devolve on the Sergeant-at-Arms of the next preceding House of Representatives; and in case of vacancies in both of the before-mentioned offices, or of the absence or inability of both the Clerk and Sergeant-at Arms to act, then the said duties shall be performed by the Doorkeeper of the next preceding House of Representatives." Continues in his office until successor is ap pointed. paration of roll of members elect. Shall certify monthly pay of beginning of first session of each Congress. By the act of March 3, 1873, it is provided that here members from after Representatives and Delegates elect to Congress their term until whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives in accordance with the provisions of the act of Congress approved March third, eighteen hundred and sixty-three, may receive their compensation monthly, from the beginning of their term until the beginning of the first session of each Congress, upon a certificate in the form now in use, to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate of the Speaker under existing laws: Provided, That in case the Clerk of the House of Representatives shall be notified that the election of any such holder of a certificate of election will be contested, his name shall not be placed upon the roll of members elect so as to entitle him to be paid, until he shall have been sworn in as a member, or until such contest shall be determined. Stat. at Large, Vol. XVII, pp. 488-'9. (See ELECTIONS, CONTESTED.) Preserves order, &c., pending election of Speaker. "Pending the election of a Speaker, the Clerk shall preserve order and decorum, and shall decide all questions of order that may arise, subject to appeal to the House."-Rule 146. [This rule, together with Rule 147, which provides that the existing rules shall govern future Congresses, unless otherwise ordered, was adopted at the 1st session of the 36th Congress, and was intended to facilitate the organization of the House. Previously, under the authority contained in the Manual, p. 68, and the usage of the House, the Clerk had presided over its deliberations while there was no Speaker, but simply put questions, and (where specially authorized) preserved order, not, however, undertaking to decide questions of order.] (See MEETING OF CONGRESS.) Contracts, &c., All contracts, bargains, or agreements, relative to the to be approved by him. furnishing any matter or thing, or for the performance of any labor for the House of Representatives, must be made with the Clerk, or approved by him, before any allowance shall be made therefor by the Committee of Purchases to be Accounts.-Rule 21. And in making purchases for the of home produc- House he is required to confine his purchases exclusively tion. to articles of the growth and manufacture of the United States, provided the same can be procured on as good terms and of as suitable quality as foreign articles.— Stat. at Large, Vol. V, p. 681. nish a statement penses. of persons of House. em. The Clerk is required by law (Stat. at Large, Vol. V, He shall furpp. 25, 527) to lay before the House, at the commence- of contingent exment of each session, a full and detailed statement of the expenditure of the contingent fund of the House; also (Stat. at Large, Vol. V, p. 525) a statement of the clerks Also, statement and other persons employed in the service of the House ployed in service during the preceding year. He is also required by a resolution of the House (Journal, 1, 27, p. 495) to report at the commencement of each session the quantity and cost of all the stationery used by the House and the Also, statement Clerk's office. He, in conjunction with the Secretary of of stationery. the Senate, shall also, as soon as may be after the close of each session of Congress, prepare and publish a statement of all appropriations made during the session; and also a statement of the new offices created and the salaries of each, and also a statement of the offices the salaries of which are increased, and the amount of such increase. Stat. at Large, Vol. V, p. 117. And it shall be the duty of the Secretary of the Senate and the Clerk Secretary of of the House of Representatives of the United States sev- of the House of Representatives erally to report to Congress on the first day of each regu- to report to Conlar session, and at the expiration of their terms of service, ceipts and penditures in dea full and complete statement of all their receipts and tail, &c. expenditures as such officers, showing in detail the items of expense and classifying them under the proper appropriations, showing the aggregate thereof, and exhibiting in a clear and concise manner the exact condition of all public moneys by them received, paid out, and in their possession as such officers. Also, statement of appropriations, new offices, &c. Senate and Clerk gress their re ex Sergeant-at ters, and Door And it shall also be the duty of the officers herein- They and the before named, and of theSergeant-at-Arms, Postmasters Arms, Postmasof the Senate and House of Representatives, and the keeper to make Doorkeeper of the House of Representatives, to make out the property of a full and complete account of all the property belonging in their possesto the United States in their possession, at such dates and full account of the United States sion. |