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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. 8., Sec. 101.
(See also. COMMITTEES OF THE WHOLE.)
CHARGE UPON THE PEOPLE.
(See Rule 110, p. 129.)
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 Sen. ate, 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.
Stenographers and reporters shall not be.-Rule 135, p. 137.
CLAIMS, COMMITTEE OF.
When to be appointed, and of what number.-Rule 74, p. 119. Duties of.-Rule 78, p. 122.
CLAIMS, COURT OF.
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cases heretofore referred by this House to the Court of Claims, arising under contract or departmental decision, may be withdrawn from said court upon the order of the Clerk of the House, to be given upon the application therefor of any member to him, with the assent of the claimant; and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"All petitions for pensions heretofore referred to the Court of Claims may be withdrawn and referred to their appropriate committees in the House."-Journal, 1, 34, p. 631.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.
In the election of a Clerk there shall be a previous nominationRule 11, p. 105; and the vote shall be taken viva voce.—Rule 10 p. 105. A majority of the votes given shall be necessary to an election; and where there shall not be such a majority on the first bal. lot, 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 is appointed.Rule 10, p. 105.
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.
In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability 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.
In case of vacancies in the offices of both the Clerk and 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 Rep"resentatives.-R. S., Sec. 33.
Representatives and Delegates elect to Congress, whose creden. tials in due form of law have been duly 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 preserve order and decorum, and shall decide all questions of order that may arise, subject to appeal to the House."-Rule 146, p. 140. [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. 60, 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.)
Since the organization of the House of Representatives of the 38th Congress, the Clerk has uniformly declined to entertain motions or resolutions to amend the roll of Representatives elect which Section 31 R. S. requires him to make, and has further declined to entertain appeals from such decisions. See Congressional Globe, proceedings in organization of House, 1st Session, 41st Congress, March 4, 1869, decision by Clerk McPherson. See also H. Journal, 1st, 45th, pp. 9 and 10, decision of Clerk Adams. In this last instance the Clerk declined to entertain the appeal on the ground that it was not competent for the Representatives elect to instruct the Clerk in the performance of a duty imposed upon him by law, and for the further reason that a question of higher privilege was pending, i. e., the election of Speaker, on which the previous question had been ordered.]
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, p. 107.
The Secretary of the Senate and the Clerk of the House of Rep resentatives 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.
The Secretary of the Senate and the Clerk of the House of Rep resentatives shall each require of the disbursing 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.
All expenditures of the Senate and House of Representatives