tion shall be conclusive upon all the Departments and officers of the Government.-R. S., Sec. 48.

Shall fix amount and approve sure

Arms's bond.

By Rule 26 it is provided that the bond of the Sergeant-at Arms shall be in a sum not less than five nor ty of Sergeant-atmore than ten thousand dollars, at the discretion of the Speaker, and with surety to be approved by the Speaker. "No person shall be permitted to perform divine service in the chamber occupied by the House of Repre- his consent." sentatives unless with the consent of the Speaker."Rule 6.

Divine service in

the hall only with

posal of rooms in

"The unappropriated rooms in that part of the Capitol Shall have disassigned to the House shall be subject to the order and Capitol. disposal of the Speaker until further orders of the House."-Rule 5.

oaths to witnesses.

ness to testify.

The President of the Senate, the Speaker of the House May administer of Representatives, or a chairman of a Committee of the Whole, or of any committee of either house of Congress, is empowered to administer oaths to witnesses in any case under their examination.-R. S., Sec. 101. Every person who, having been summoned as a wit- Refusal of witness by the authority of either house of Congress, to give testimony or to produce papers upon any matter under inquiry before either house, or any committee of either house of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars nor less than one hundred dollars, and imprisonment in a common jail for not less than one month nor more than twelve months.-R. S., Sec. 102.

to refuse to answer

tions.

No witness is privileged to refuse to testify to any Not privileged fact, or to produce any paper, respecting which he shall criminating quesbe examined by either house of Congress, or by any committee of either house, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.-R. S., Sec. 103.

Duty of, in case of refusal of wit

Whenever a witness summoned as mentioned in section one hundred and two fails to testify, and the facts ness to testify.

220

Pending the election of, Clerk shall preside.

Speaker na y name, for the day.

Appointed, where Speaker is ill or removed.

SPEAKER PRO TEMPORE-SPECIAL ORDERS.

suspension of the rules.

are reported to either house, the President of the Senate or the Speaker of the House, as the case may be, shall certify the fact under the seal of the Senate or House to the district attorney for the District of Columbia, whose duty it shall be to bring the matter before the grand jury for their action.-R. S., Sec. 104.

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.

SPEAKER PRO TEMPORE.

"The Speaker shall have a right to name any member to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment: Provided, however, That in case of the personal illness of the Speaker, he may make such appointment for a period of not exceeding ten days, with the approval of the House at the time the same is made."-Rule 5.

"Where the Speaker has been ill, other Speakers pro tempore have been appointed."-Manual, p. 64; Journals, 1, 5, pp. 266, 316; 1, 30, p. 923. Or where he is removed by the House.-Manual, p. 69.

SPEAKER'S TABLE.

(See BUSINESS ON SPEAKER'S TABLE.)

SPECIAL ORDERS.

Made under a Special orders are made under a suspension of the rules.―Journal, 1, 31, p. 1176. [And, of course, (unless unanimous consent is given for the purpose-Journal, 1, 30, p. 580)-can only be made, except in the case of appropriation bills, when a motion to suspend the rules is in order.]

A majority may

make general ap

The House may at any time, by a vote of a majority propriation bills. Of the members present, make any of the general appropriation bills a special order-Rule 119; but in all other It requires two- cases it requires a two-thirds vote to make a special order, it being a change of the established order of business.-Journals, 1, 23, p. 785; 3, 27, p. 355; 1, 31, p. 1096.

thirds to make, in other cases.

tion for making.

The usual form of resolution for making a special Form of resoluorder is, "that the (here describe the bill or whatever else it may be) be made the special order for the day of and from day to day until the same is disposed of."-Journal, 1, 31, p. 1176. [In which case, after the arrival of the time fixed, or the disposal of a special order previously made, it takes precedence of all other business until it is disposed of.]

Sometimes the words "Fridays and Saturdays excepted" Other forms. are inserted.—Journal, 1, 30, p. 692. [In which case the consideration of private bills may be proceeded with on those days, but it is otherwise where these words are omitted.-Journal, 1, 32, pp. 401, 433. Since that period Fridays alone are set apart for the consideration of private bills.] And sometimes the words "and from day to day until disposed of" are omitted.-Journal, 1, 31, p. 522. [In which case it is a special order for the day named only,] and if the matter made a special order is not taken up, or, if taken up, is left undisposed of on the day fixed, thereafter it loses it specialty.-Journal, 1, 31, pp. 631, 897.

poned.

A special order may be postponed by a majority May be postvote.-Journal, 1, 29, p. 1170; Cong. Globe, 1, 31, p. 1318. [And, according to the usage, whenever the time arrives for the consideration of a special order in Committee of the Whole, the same may be postponed by a vote in the House.]

same day.

Where two special orders are made for the same time, Where two, on the one first made takes precedence.-Cong. Globe, 1, 26, p. 325. [The other, according to the practice, if made for that day, and "from day to day," will come up as soon as the one first made is disposed of.]

Motion to sus

Pending a special order, it is not in order to move a pend rules not in suspension of the rules, the special order having been order pending. made under a suspension of the rules-Cong. Globe, 2, 29,

p. 43-unless said motion be with reference to the pending special order.

on, to

be confined

In Committee of the Whole on the state of the Union Debate all debate on special orders shall be confined strictly to measure. the measure under consideration.-Rule 114.

to

222

STATE LEGISLATURES, RESOLUTIONS OF-STATIONERY.

To be procured by contract.

tise for proposals.

STATE LEGISLATURES, RESOLUTIONS OF.

(See JOINT RESOLUTIONS.)

STATIONERY.

The act of June 20, 1874, (Laws, 1, 43, p. 4,) revived the laws in force in regard to stationery prior to March 3, 1873.

By the act of August 26, 1842, it is provided that all stationery, of every name and nature, for the use of the House of Representatives, shall be furnished by contract Clerk to adver- by the lowest bidder. The Clerk of the House of Representatives shall advertise, once a week for at least four weeks, in one or more of the principal papers published in the city of Washington, for sealed proposals for furnishing such articles, or the whole of any particu lar class of articles, specifying in such advertisement the amount, quantity, and description of each kind of When proposals articles to be furnished; and all such proposals shall be to be opened. kept sealed until the day specified in such advertisement for opening the same, when they shall be opened by or under the direction of the Clerk, in the presence of at To whom con- least two persons; and the person offering to furnish any class of such articles, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract-price in case of failure, shall receive a contract for doing the same; and in case the lowest bidder shall fail to enter into such contract, and give such security within a reasonable time, to be fixed in such advertisement, then the contract shall be given to the next lowest bidder who shall enter into such contract and give such security. And in case of a failure to supply the articles by the person entering into such contract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States in any court having jurisdiction thereof. Stat. at Large, Vol. V, pp. 526, 527.

tract to be award

ed.

Liability of contractor failing to supply.

By a resolution of the House, on the 24th of July, 1868, (Journal, 2, 40, p. 1173,) it is provided that the Clerk be authorized, as the agent of the House, to

Preference to be

manufacture.

and invoices of, to

purchase, in the manner provided by law, on the best terms he may find practicable, such stationery as may be requisite for the use of the House and Clerk's office, giving preference in all cases to American manufacture, given to American provided it be equally cheap and of as good quality; that he cause to be recorded in a well-bound book, suited Records of bills to that purpose, the bills and invoices of all the station- be kept. ery he may so purchase from time to time; that he deliver to the members of Congress and officers hereinafter named the amounts of stationery hereinafter specified, keeping an accurate account of the same, and also of the quantity and value of that used in the Clerk's office; and that hereafter, in the annual reports now required by Report of, to be law to be made by the Clerk, showing, the amount of expenditure from the contingent fund of the House, he be required to state, accurately and distinctly, the quantity and cost of all the stationery delivered pursuant to the provisions hereof and that used in the Clerk's office; also the amount remaining on hand at the time of making such statement, and the amount of unexpended appropriation for stationery: Provided, That the amount furnished to members of Congress may be embraced in a single item.

made annually.

Clerk to deliver to members.

And he is required to deliver to every member of the House the usual articles of stationery now furnished to members to an amount not exceeding in value that authorized by law, at the cost price, in the stationeryroom, or, at the option of the members, to pay them. the proper commutation in money; that he keep a true and accurate account of all stationery which he may so deliver to the several members of the House; and if in any case a member shall receive a greater amount of sta- In case member tionery during any session than is above provided, the than his allowClerk shall, before the close of such session, furnish to the Sergeant-at-Arms an account of such excess beyond the amounts above specified, who is hereby required to deduct the amount of such excess from the pay and mileage of such members, and refund the same into the Treas- Limitation of, ury: Provided, That this limitation is not intended to not

receives more

ance.

to apply to folding-paper.