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CLAIMS, COURT OF-CLERK OF THE HOUSE.

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 therefor."-Journal, 1, 34, p. 583.

"The papers in all cases heretofore referred by this House to the Court of Claims, arising under contract or departmental decision, may be withdrawn from said court upon the order of the Clerk of the House, to be given upon the application therefor of any member to him, with the assent of the claimant; and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"All petitions for pensions heretofore referred to the Court of Claims, may be withdrawn, and referred to their appropriate committees in the House."-Journal, 1, 34, p. 631.

47

Transmission of

papers to.

Withdrawal of

papers from.

Pension papers may be withdrawn.

mitted within the

Judges of the Court of Claims are admitted within Judges of, adthe hall of the House.-Rule 134.

hall.

of, have use

of

Judges and clerk of the court have the privilege of Judges and clerk using and drawing books from the Library.-R. S., Sec. 94.

CLERK OF THE HOUSE.

A Clerk shall be elected at the commencement of each Congress.-Rule 10.

Shall be elected at the commencement of Congress.

shall administer oath to.

At the first session of Congress after every general Speaker election of Representatives, the oath of office shall be administered by any member of the House of Representatives to the Speaker; and by the Speaker to all the members and Delegates present, and to the Clerk, previous to entering on any other business; and to the members and Delegates who afterward appear, previous to their taking their seats.-R. S., Sec. 30. 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.

of.

Oath of office.

Additional oath

Mode of election.

Tellers appoint

ed by the Speaker.

Enters upon his duties as soon as he takes oath.

Gives bond.

Continues

in

office until his suc

The following is the oath of office prescribed for the Clerk by the 10th Rule:

"I do solemnly swear that I will truly and faithfully discharge the duties of Clerk of the House of Repre sentatives, to the best of my knowledge and abilities, and keep the secrets of the House."

He is also required to take an additional oath.-(See OATH.)-R. S., Sec. 1756.

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.

Before proceeding to the election of a Clerk, the Speaker appoints four tellers to keep and make report of the vote. (See ELECTIONS BY THE HOUSE.)

[As soon as the Speaker has declared a person elected Clerk, the oath of office is administered to him, and he enters upon the duties of the same.] 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 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.-R. S., Secs. 58 and 59.

The Clerk shall continue in office until his successor cessor is ap is appointed.-Rule 10.

pointed.

Shall prepare roll of members. elect.

Before the first meeting of each Congress, the Clerk of the next preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States.-R. S., Sec. 31.

by Sergeant-at

In case of a vacancy in the office of Clerk of the, When roll made House of Representatives, or of the absence or inability Arms. of the Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant-at-Arms of the next preceding House of Representatives.-R. S., Sec. 32.

keeper.

In case of vacancies in the offices of both the Clerk, When by Doorand the Sergeant-at-Arms, or of the absence or inability of both to act, the duties of the Clerk relative to the preparation of the roll of the House of Representatives or the organization of the House shall be performed by the Doorkeeper of the next preceding House of Representatives.-R. S., Sec. 33.

tificates for month

recess.

Representatives and Delegates elect to Congress, Shall give cerwhose credentials in due form of law have been duly ly salary during filed with the Clerk of the House of Representatives, in accordance with the provisions of section thirty-one, 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.-R. S., Sec. 38, and Laws, 2, 43, p. 389.

"Pending the election of a Speaker, the Clerk shall Preserves order, &c., pending elec preserve order and decorum, and shall decide all ques- tion of Speaker. tions 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 ques tions of order.)-(See MEETING OF CONGRESS.)

Contracts, &c., to be approved by him.

Shall make report of clerks, &c.

Also of contingent expenses.

What said reports shall exhibit.

All contracts, bargains, or agreements relative to the 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 Accounts.-Rule 21.

The Secretary of the Senate and the Clerk of the House of Representatives shall prepare and submit to the two houses respectively, at the commencement of each session of Congress, the following statements in writing:

First. A statement showing the names of all the clerks and other persons who have been, during the preceding year or any part thereof, employed in their respective offices, and those of the messengers of the respective houses; together with the time that each clerk or other person and each messenger was actually employed, and the sums paid to each. This statement must also show whether such clerks or other persons, or such messengers, have been usefully employed; whether the services of any of them can be dispensed with without detriment to the public service, and whether the removal of any particular persons, and the appointment of others in their stead, is required for the better dispatch of business.

Second. A detailed statement, by items, of the manner in which the contingent fund for each house has been expended during the preceding year. This statement must give the names of every person to whom any portion of the fund has been paid; and if for anything furnished, the quantity and price; and if for any services rendered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that rendered such service necessary, and the amount of all former appropriations in each case on hand, either in the Treasury or in the hands of any disbursing officer or agent.-R. S., Sec. 60.

Each of the statements required by the preceding section shall exhibit, also, the several sums drawn by the Secretary and Clerk, respectively, from the Treasury,

and the balances, if any, remaining in their hands.-R. S., Sec. 61.

ordinate

officers

The Secretary of the Senate and the Clerk of the Report of subHouse of Representatives shall each require of the dis- of. bursing officers acting under their direction or authority the return of precise and analytical statements and receipts for all moneys which may have been from time to time, during the next preceding year, expended by them; and the results of such returns and the sums total shall be communicated annually to Congress by the Secretary and Clerk, respectively.-R. S., Sec. 62.

penditures.

All expenditures of the Senate and House of Repre- Report of exsentatives shall be made up to the end of each fiscal year, and shall be reported to Congress at the commencement of each regular session.-R. S., Sec. 63.

statement of ap

The Secretary of the Senate and the Clerk of the Shall prepare House of Representatives shall, as soon as may be after propriations, &c. the close of each session of Congress, prepare and pub. lish a statement of all appropriations made during the session, a statement of the new offices created and the salaries attached to each, and a statement of the offices the salaries attached to which are increased, and the amount of such increase.-R. S., Sec. 64.

The Secretary of the Senate and Clerk of the House of Representatives shall annually advertise, once a week, for at least four weeks, in one or more of the principal papers published in the District of Columbia, for sealed proposals for supplying the Senate and House of Rep resentatives, respectively, during the next session of Congress with the necessary stationery.-Laws, 2, 43, p. 316.

Advertisements for stationery.

Form of advertisement.

The advertisement published under the preceding section must describe the kind of stationery required, and must require the proposals to be accompanied with suf ficient security for their performance.-K. S., Sec. 66. All such proposals shall be kept sealed until the day Notice of specified in such advertisement for opening the same, posals. when the same shall be opened in the presence of at least two persons, and the contract shall be given to the lowest bidder, provided he shall give satisfactory secu

ac

ceptance of pro

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