BUSINESS UNFINISHED-CALL OF THE HOUSE. 175 [The aforesaid rule is identical with the 21st Joint Rule (which see), p. 147, with the additional clause providing for business which originated in either house. The word "resolutions" has invariably been held to apply to joint resolutions only.] CALLS ON THE PRESIDENT AND DEPARTMENTS. (See PRESIDENT AND EXECUTIVE DEPARTMENTS.) CALL OF THE HOUSE. By the Constitution of the United States, a smaller number than a quorum of each house "may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide."-Const., 1, 5, p. 8. "Any fifteen members (including the Speaker, if there be one) shall be authorized to compel the attendance of absent members."-Rule 34, p. 109. But where less than that number are present, a motion for a call cannot be entertained.-Journal, 1, 28, p. 885. "A call of the House shall not be in order after the previous question is seconded, unless it shall appear, upon an actual count by the Speaker, that no quorum is present."-Rule 132, p. 135. [The practice of counting the House by the Speaker, of late years, has frequently been resorted to to ascertain the presence of a quorum, and is a more expeditious method than calling the roll.] A call of the House may be moved before the Journal is read if no quorum is present.-Journal, 1, 34, p. 1253. "Upon calls of the House, the names of the members shall be called over (alphabetically-Rule 35) by the Clerk, and the absentees noted, after which the names of the absentees shall again be called over; the doors shall then be shut, and those for whom no excuse or insufficient excuses are made may, by order of those present, if fifteen in number, be taken into custody as they appear, or may be sent for and taken into custody wherever to be found, by special messengers, to be appointed for that purpose."-Rule 36, p. 107. [The order of arrest is not usually made by the House unless a quorum cannot otherwise be obtained; and, upon the appearance of a quorum, a motion is usually made and carried 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: "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 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 announced at the bar of the House by the Doorkeeper, whereupon he makes his return. The members brought in by him 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.-Barclay.] "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 expense of such special messenger."-Rule 37, p. 110. In regard to the fees of Sergeant-atArms and special messenger, see SERGEANT-AT-ARMS. "Until a member has paid the fees assessed against him, he is not at liberty to address the Chair or make a question of order."Journal, 1, 36, p. 1025. It is not in order for the House to take a recess during a call of the House.-Journal, 1, 26, p. 843. [No motion, except to adjourn or with reference to the call, is in order or ever entertained during a call.] [By an adjournment pending a call, all proceedings in the 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, p. 672. CAPITOL. Speaker has control over hall and other rooms.-Rule 5, p. 104. Hall not to be used except for legitimate business of House.Rule 6, p. 104. See proviso.-Rule 155, p. 141. Spirituous liquors prohibited in, or grounds.-Joint Rule 19, p. 147. nber and pay of; suspension of; uniform, a -ervision of Botanical Garden by police, &c. 1822, 1823, 1824, 1825, 1826; see also Sess. Lau 1, 44, p. 41, relative to compensation and d ce. from, to certain public offices.-Act of March CHAIR. eaker shall have a right to name any member to of the Chair, but such substitution shall not ex djournment: Provided, however, That in case of ss of the Speaker he may make such appointm exceeding ten days, with the approval of the E he same is made."-Rule 5, p. 104. (See SPEAK irman, to preside in Committee of the Whole, sha by the Speaker.-Rule 105, p. 128. chairman of the Committee of the Whole shall have p SD order the galleries or lobby to be cleared in case of any disturbance or disorderly conduct therein.-Rule 9, p. 105. He is also authorized to administer oaths to witnesses.-R. S., Sec. 101. (See also. COMMITTEES OF THE WHOLE.) CHARGE UPON THE PEOPLE. (See Rule 110, p. 129.) CHAPLAINS. The practice which had prevailed for several years, of the election by each house of a chaplain, who should open their 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 the ministers of the gospel in this city to attend and alternately 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 house 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. Stenographers and reporters shall not be.-Rule 135, p. 137. Members, officers, and employés not to act as.-R. S., Sec. 5498. CLAIMS, COMMITTEE OF. When to be appointed, and of what number.-Rule 74, p. 119. CLAIMS, COURT OF. Rooms for.-R. S., Sec. 1051. Reports of, to be made to Congress.-R. S., Sec. 1057. Private claims, when transmitted to.-R. S., Sec. 1060. CLERK OF THE HOUSE. 179 Power of, to call for reports of committees.-R. S., Sec. 1076. Members of either house of Congress shall not practice in the Court of Claims.-R. S., Sec. 1058. 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. CLERK OF THE HOUSE. A Clerk shall be elected at the commencement of each Congress. —Rule 10, p. 105. At the first session of Congress after every general 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. 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 Representatives 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. |