pensed with at any

time.

of arrest.

appearance of a quorum, a motion is usually made and carried Call may be dis- that "all further proceedings in the call be dispensed with ;" and this motion is held to be in order at any period of the proceedings. The order for arrest is usually in this form, viz: Form of order "That the Sergeant-at-Arms take into custody, and bring to the bar of the House, such of its members as are now absent without the leave of the House;" and, upon its adoption, a Issue of warrant. warrant, under the hand and seal of the Speaker, and attested by the Clerk, with a list of the absentees thereto attached, is immediately placed in the hands of the Sergeant-at-Arms. Upon his appearance with members under arrest, he is anReturn of war-nounced at the bar of the House by the doorkeeper, whereupon he makes his return. The members brought in by him Arraignment of are then severally arraigned by the Speaker and interrogated by him as to what excuses they may have to offer for being absent from the sitting of the House without its leave.]

rant.

absent members.

House to determine as to payment of fees.

When a member shall be discharged from custody and admitted to his seat, the House shall determine whether such discharge shall be with or without paying fees; and in like manner, whether a delinquent member, taken into custody by a special messenger, shall or shall not be liable to defray the Fees against de- expense of such special messenger."-Rule 37. In regard to the fees of Sergeant-at-Arms and special messenger, see SERGEANT-AT-ARMS.

linquent members.

pay fees before he

Member must Until a member has paid the fees assessed against him, he can be recognized. is not at liberty to address the Chair or make a question of order. Journal, 1, 36, p. 1025.

Recess not in order during.

It is not in order for the House to take a recess during a call of the House. Journal, 1, 26, p. 843. [Indeed, no motion, Only to adjourn except to adjourn or with reference to the call, is ever entertained during a call.]

or with reference

to call.

ment proceedings

By an adjourn. [By an adjournment pending a call all proceedings in the in, ordinarily fall. call are terminated; but where the House has previously passed an order specially directing otherwise, such special direction should doubtless be executed.-See Journal, 2, 27,

Speaker has control over hall and other rooms.

p. 672.]

CAPITOL.

"The unappropriated rooms in that part of the Capitol assigned to the House shall be subject to the order and disposal of the Speaker until the further order of the House.". Rule 5. The Speaker shall also "have a general direction of

the hall.”—Rule 5. And "no person shall be permitted to perform divine service in the chamber occupied by the House of Representatives unless with the consent of the Speaker."Rule 6. The hall of the House shall not be used for any other purpose than the legitimate business of the House, nor shall the Speaker entertain any proposition to use it for any other purpose or for the suspension of this rule: Provided, That this shall not interfere with the performance of divine service therein under the direction of the Speaker, or with the use of the same for caucus meetings of the members, or upon occasions when the House may, by resolution, agree to take part in any ceremonies to be observed therein.-Rule 155.

Hall not to be gitimate business.

used except for le

li

quors prohibited

No spirituous or malt liquors or wines shall be offered for Spirituous sale, exhibited, or kept within the Capitol, or in any room or in, or grounds. building connected therewith, or on the public grounds adjacent thereto. And it shall be the duty of the Sergeant-at-arms of the two houses, under the supervision of the presiding officers thereof, respectively, to enforce the foregoing provisions. And any officer or employé of either house who shall in any manner violate or connive at the violation of this rule shall be dismissed from office.-Joint Rule 19.

The Vice-Presi

the

scribe rules for keeping,

of either house.

and

By the act of Congress of May 2, 1828, Stat. at Large, Vol. IV, page 266, the Commissioner of Public Buildings is directed to take charge of and superintend the public build- dent and ings: "And it shall be the duty of the Commissioner of the Speaker to prePublic Buildings to obey such rules and regulations as may, grounds not in exfrom time to time, be prescribed, jointly, by the presiding offi- clusive occupancy cers of the two houses of Congress, for the care, preservation, orderly keeping, and police of all such portions of the Capitol, its appurtenances, and the enclosures about it, and the public buildings and property in its immediate vicinity, as are not in the exclusive use and occupation of either house of Congress; that it shall also be his duty to obey such rules and regula- Speaker to contions as may be, from time to time, prescribed by the presid- that part of, in the ing officer of either house of Congress for the care, preservation, orderly keeping, and police of those portions of the Capitol and its appurtenances which are in the exclusive use and occupation of either house of Congress respectively."(See SPEAKER.)

trol the keeping of

use of the House.

to have charge of.

By the act of March 2, 1867, the office of Commissioner of Chief engineer Public Buildings is abolished, and the Chief Engineer of

appointed by Ser

the army is directed to perform the duties required of said Police of, to be Commissioner; and the appointment of the police of the geants-at-arms. Capitol is conferred upon the Sergeants-at-arms of the two houses. Stat. at Large, 2, 39, p. 466.

Also certain watchmen,

By the act approved March 30, 1867, the Sergeants-at-arms of the two houses are authorized to appoint the eight watchmen on the dome, at the stables, the gate-keeper, and watchmen of the grounds surrounding the Capitol, also three additional watchmen. And said Sergeants-at-arms are also authorized to uniform and arm the Capitol police and watchmen, and Rules and regu- to make such rules and regulations as they may deem necessary to preserve the peace and secure the Capitol from defacement, and for the protection of the public property therein; and shall have power to arrest and detain any person violating said rules until such person can be brought before the proper authorities for trial, without further order of Congress.-Sess. Laws, 1, 40, pp. 270, 271.

lations in regard

to.

Speaker may

name person to

CHAIR.

"The Speaker shall have a right to name any member to fill, for the day. perform the duties of the Chair, but such substitution shall not extend beyond an adjournment.”—Rule 5.

Appointed by the Speaker.

May cause galleries to be cleared.

May administer oaths.

No proposition

for, to be discussed

and must be committed.

(See SPEAKER PRO TEMPORE.)

CHAIRMAN OF A STANDING COMMITTEE.

(See COMMITTEes.)

CHAIRMAN OF COMMITTEE OF THE WHOLE.

A chairman to preside in Committee of the Whole shall be appointed by the Speaker.-Rule 105.

The chairman of the Committee of the Whole shall have power to order the galleries or lobby to be cleared in case of any disturbance or disorderly conduct therein.-Rule 9.

He is also authorized to administer oaths or affirmations to witnesses.-Stat. at Large, Vol. I, p. 554.

(See also Committees of the Whole.)

CHARGE UPON THE PEOPLE.

"No motion or proposition for a tax or charge upon the

on the day made, people shall be discussed the day on which it is made or offered ; and every such proposition shall receive its first discussion in a Committee of the Whole."—Rule 110.

CHAPLAINS-CLAIM AGENTS--CLAIMS, COMMITTEE OF.

CHAPLAINS.

35

lains dispensed

erally invited to

The practice, which had prevailed for several years, of the, Election of chapelection by each house of a chaplain, who should open their with. daily sessions with prayer, alternating weekly between the House and Senate, was suspended during the 35th Congress. At the first session of that Congress a resolution was adopted by the House which directed "that the daily sessions of that body be opened with prayer, and requesting Clergymen genthe ministers of the gospel in this city to attend and alter- act. nately perform this solemn duty."—Journal, 1, 35, p. 58. The clergymen of Washington generally responded to this request, and for the remainder of the Congress performed the duty of chaplains. At the first session of the 36th Congress, the old practice of the election of a chaplain by each Election of, rehouse was revived, and it was at that time decided that a proposition to proceed to such election presented a question of privilege.-Journal, 1, 36, pp. 442, 443.

CLAIM AGENTS.

vived.

shall not be.

"No person shall be an officer of the House, or continue in House employés its employment, who shall be an agent for the prosecution of any claim against the government, or be interested in such claim otherwise than as an original claimant.”—Rule 140.

Stenographers and reporters also

being.

from

employés prohib

"No stenographer or reporter shall be admitted to the reporters' gallery, or, if admitted, be suffered to retain his seat, prohibited if he shall be or become an agent to prosecute any claim pending before Congress."-Rule 135. Members of Congress are prohibited from acting as claim Members and agents for compensation paid or to be paid; and officers and ited by law from employés of the House are prohibited from acting as claim agents, either with or without compensation, under the penalty, in either case, of a fine not exceeding five thousand dollars, or imprisonment in the penitentiary not exceeding one year, or both, in the discretion of the court.-Stat. at Large, Vol. X, p. 170.

CLAIMS, COMMITTEE OF.

acting as.

A Committee of Claims, to consist of nine members, shall When to be appointed, and of be appointed at the commencement of each Congress.-Rule what number. 74.

"It shall be the duty of the Committee of Claims to take Duties of. into consideration all such petitions and matters or things

When report to be made.

touching claims and demands on the United States as shall be presented, or shall or may come in question, and be referred to them by the House, and to report their opinion thereupon, together with such propositions for relief therein as to them shall seem expedient."— Rule 78.

The Committee of Claims is authorized by resolution of February 18, 1843, to employ a clerk.-Journal, 3, 27, p. 399.

CLAIMS, COURT OF.

By the act of 24th February, 1855, it was provided that "the Court of Claims shall keep a record of their proceedings, and shall, at the commencement of each session of Congress, and at the commencement of each month during the session of Congress, report to Congress the cases upon which they shall have finally acted, stating in each the material facts which they find established by the evidence, with their opinion in the case, and the reasons upon which such opinion is founded. Dissenting opin- Any judge who may dissent from the opinion of the majority shall append his reasons for such dissent to the report; and such report, together with the briefs of the solicitor and of the claimant, which shall accompany the report, upon being made to either house of Congress, shall be printed in the same Court to prepare manner as other public documents. And said court shall pre

ions.

their bills.

pare a bill or bills in those cases which have received the favorable decision thereof, in such form as, if enacted, will carry the same into effect. And two or more cases may be embraced in the same bill, where the separate amount proposed to be allowed in each case shall be less than one thousand Testimony to be dollars. And the said court shall transmit with the said rereported. ports the testimony in each case, whether the same shall receive the favorable or adverse action of said court.

Reports and bills

to be continued

sion and Congress

"The said reports, and the bills reported as aforesaid, shall, from session to ses- if not finally acted upon during the session of Congress to to Congress. which the said reports are made, be continued from session to session, and from Congress to Congress, until they shall be finally acted upon; and the consideration of said reports and bills shall, at the subsequent session of Congress, be resumed and the said reports and bills be proceeded with in the same manner as though finally acted upon at the session when presented.

Adverse reports.

"The claims reported upon adversely shall be placed upon the calendar when reported, and if the decision of said court