Page images
PDF
EPUB

force and effect as is given to the certificate of the Speaker. (19 Stat. 145.)

This was a provision accompanying an appropriation for compensation of the officers, etc., in the service of the House, in the legislative, executive, and judicial appropriation act for the fiscal year 1877, cited above.

§ 52. (Res. Nov. 12, 1903, No. 1.) Substitute for Speaker to sign certificates for salary and accounts.

The Speaker is authorized to designate from time to time some one from among those appointed by him and appropriated for and employed in his office, whose duty it shall be under the direction of the Speaker to sign in his name and for him all certificates required by section forty-seven of the Revised Statutes for salary and accounts for traveling expenses in going to and returning from Con-, gress of Representatives and Delegates. (33 Stat. 1.)

§ 53. (R. S. § 49.) Pay of member dying after commencement of a Congress.

When any person who has been elected a member of or delegate in Congress dies after the commencement of the Congress to which he has been elected, his salary shall be computed and paid to his widow, or, if no widow survive him, to his heirs at law, for the period that has elapsed from the commencement of such Congress, or from the last payment received by him to the time of his death, at the rate of seven thousand five hundred dollars a year, with any traveling expenses remaining due for actually going to or returning from any session of Congress.

Res. March 3, 1859, No. 14, § 1, 11 Stat. 442.

As to the rate of compensation of members and delegates, and payment to them of mileage instead of actual traveling expenses, see note to R. S. § 35, ante, § 34, and the provisions of Act July 28, 1866, § 17, and Act Feb. 26, 1907, c. 1635, § 4, ante, §§ 35, 36.

Notes of Salary of deceased Senator not payable to his assignee.-The Senate has no power, by a resolution of its own, to

Decisions

direct the payment of the salary of a deceased member to his assignee. (1860) 9 Op. Atty. Gen. 446.

§ 54. (R. S. § 50.) Limits of the rule.

Salaries allowed under the preceding section shall be computed and paid, in all cases, for a period of not less than three months from the commencement of the Congress.

Res. March 3, 1859, No. 14, § 1, 11 Stat. 442.

§ 55. (Act May 23, 1876, c. 103.) Monuments to deceased Senators or members of House of Representatives interred in Congressional Cemetery.

Hereafter whenever any deceased Senator or Member of the House of Representatives shall be actually interred in the Congressional Cemetery, so-called, it shall be the duty of the Sergeantat-Arms of the Senate, in the case of a Senator, and of the Sergeant-at-Arms of the House of Representatives, in the case of a member of the House, to have a monument erected, of granite, with suitable inscriptions, and the cost of the same shall be a charge upon and paid out either from the contingent funds of the Senate or of the House of Representatives, to whichever the deceased may have belonged, and any existing omissions of monuments or inscriptions, as aforesaid, are hereby directed and authorized to be supplied in like manner, and all laws upon the subject of monuments in the Congressional Cemetery are hereby repealed. (19 Stat. 54.)

This was an act entitled "An act relating to interments in the Congressional Cemetery."

§ 56. (R. S. § 51.) Pay of members elected to fill vacancies. Whenever a vacancy occurs in either House of Congress, by death or otherwise, of any member or delegate elected or appointed

thereto after the commencement of the Congress to which he has been elected or appointed, the person elected or appointed to fill it shall be compensated and paid from the time that the compensation of his predecessor ceased.

Res. July 12, 1862, No. 54, 12 Stat. 624.

Salaries of Senators elected or appointed to fill vacancies are to commence on the date of election or appointment, by a subsequent provision of Act July 31, 1894, c. 174, § 1, post, § 57. This section continues applicable to members and delegates elected or appointed to the House of Representatives.

Notes of Decisions

Vacancy and predecessor within meaning of section.-P. presented his credentials, showing that he had been duly elected, was placed on the roll, sworn in, took his seat, was recognized as the sitting member, voted, served on committees, and drew the salary up to the time the house declared the seat vacant because he had not been duly elected. Held, that P. was the predecessor of the person appointed to fill the vacancy, within the meaning of this section, and such person would be entitled to compensation from the date the seat was declared vacant. Page v. U. S. (1888) 8 Sup. Ct. 1026, 127 U. S. 67, 32 L. Ed. 65.

This section refers only to a vacancy occurring after the commencement of a

particular Congress and in the membership of that Congress, and the reference to a predecessor applies only to a predecessor in that Congress. Page v. U. S. (1888) 8 Sup. Ct. 1026, 1027, 127 U. S. 67, 32 L. Ed. 65.

The term "predecessor" must be restricted to him who was predecessor, not in abstract right by virtue of a legal election, but predecessor in the matter of the salary of the place. Shelley v. U. S. (1884) 19 Ct. Cl. 653. The statute does not undertake to pay both sitting and contesting members. Id.

Cited without definite application, U. S. v. Dietrich (C. C. 1904) 126 Fed. 676, 685.

§ 57. (Act July 31, 1894, c. 174, § 1.) Salaries of Senators elected or appointed to fill vacancies.

The salaries of Senators elected or appointed to fill vacancies in the Senate and of Senators elected for a full term subsequent to the commencement of such term, shall commence on the date of their election or appointment. (28 Stat. 162.)

This was a proviso annexed to the appropriation for compensation of Senators in the legislative, executive, and judicial appropriation act for the fiscal year 1895, cited above.

Cited without definite application, U. S. v. Dietrich (C. C. 1904) 126 Fed. 676, 685.

§ 57a. (Act July 16, 1914, c. 141, § 1.) Salaries of Representatives, Delegates, etc., elected for unexpired terms.

The salaries of Representatives in Congress, Delegates from Territories, and Resident Commissioners, elected for unexpired terms, shall commence on the date of their election and not before. (38 Stat. 458.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1915, cited above.

CHAPTER FIVE

Officers and Persons in the Employ of the Senate and House of Representatives

In this chapter of the Revised Statutes, sections 52 and 53 thereof contained lists of officers and employés of the Senate and House of Representatives, respectively, with the amount of the salary of each. The officers, clerks, and other employés so enumerated were those who, at the time of the compilation of the Revised Statutes, were in the service of the two Houses, as authorized by the legislative, executive, and judicial appropriation act for that year, Act March 3, 1873, c. 226, § 1, 17 Stat. 486, and the salaries were at the rates of compensation prescribed by that act, the provisions of which were thus in

Sec.

corporated into R. S. §§ 52, 53. But the amounts of such salaries had been increased, over the rates of compensation under the laws previously in force, by said Act March 3, 1873; and its provisions for such increase were repealed, and the salaries, etc., as fixed by the laws in force at the time of its passage were restored, by Act Jan. 20, 1874, c. 11, 18 Stat. 4. Thereby, although said repealing act was passed before the enactment of the Revised Statutes, the provisions of R. S. §§ 52, 53, as to amounts of salaries, were repealed, by virtue of R. S. § 5601, post, § 10598.

In the annual appropriation acts subsequent to the Revised Statutes, the subordinate officers and employés provided for, from year to year, and their rates of compensation, vary from those enumerated in R. S. §§ 52, 53. Hence, although those sections have not been specifically repealed or amended, nor even superseded by any legislation of a permanent character, their provisions for such subordinate positions may be regarded as no longer in force for any practical purpose, and are therefore omitted.

The officers, clerks, and others actually appointed or employed in the service of the Senate and House of Representatives, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat. All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, § 3228a.

The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b.

Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a.

Some special provisions for particular officers or employés, which are repeated from year to year, but not enacted in permanent form, are referred to in the notes to R. S. §§ 52, 53, post, §§ 58, 59.

Provisions of a more permanent nature, relating to the duties, services, and compensation of officers, clerks, and employés of the two Houses, and of clerks, etc., to Senators and Representatives, are set forth in this chapter.

A document room and a folding room of each of the two Houses, and the appointment of a superintendent to be in charge of each of them, and of the necessary number of assistants, were provided for by the Printing and Binding Act of Jan. 12, 1895, c. 23, §§ 60, 71, post, §§ 7037, 7050.

58. Officers and employés of Senate. 59. Officers and employés of House of Representatives.

60. Limit of compensation of Sergeant-at-Arms and Door-keeper of Senate.

61. Limit of compensation of Sergeant-at-Arms of House of Representatives.

62. Limit of compensation of officers and employés of Senate to rate provided.

63. Subletting duties of employés forbidden.

64. Performance of duties by employés of House of Representatives.

65. Division of salaries, etc., of employés of House of Representatives forbidden.

66. Subletting of duties of employés of House of Representatives forbidden.

67. Limit of age of pages in House of Representatives.

Sec.

68. Officers' certificates to pay rolls
of employés in House of Repre-
sentatives.

69. Violation of foregoing provisions
cause for removal from office.
70. Inquiry by Committee on Ac-
counts of House of Representa-
tives into enforcement of fore-
going provisions, and report
thereon.

71. Compensation of clerks to commit-
tees whose salaries are not fixed
by specific appropriations.
72. Time of beginning of compensa-
tion of clerks to committees of
House of Representatives em-
ployed during session only.

73. Janitors to committees of House
of Representatives; appointment;
duties; removal.

74. Clerks to Senators.
75. Clerks to Members and Delegates
of House of Representatives.
76. Clerks to Members of House of
Representatives.

Sec.

77. Reporters for House of Representatives.

78. Pay of official reporters.

79. Chaplains' salaries.

80. Secretary of the Senate a dis-
bursing officer.

81. Bond of Secretary of the Senate.
82. Bond of Clerk of the House.
83. Custody of bonds.

84. Reports of Secretary and Clerk.
85. What to exhibit.

86. Reports of subordinate disbursing officers.

87. Reports of expenditures.

88. Statements of appropriations and offices.

89. Preparation and contents of statement of appropriations.

90. Contents of statement of appropriations.

91. Advertisements for stationery. 92. Form of advertisement.

93. Notice of acceptance of proposals. 94. Contracts for separate parts of

stationery.

95. American goods to be preferred. 96. Detailed reports of receipts and expenditures.

97. Fees for copies from journals. 98. Duties of Sergeant-at-Arms House of Representatives.

of

99. Symbol of office of Sergeant-at-
Arms of House.

100. Compensation of Members and
Delegates to be disbursed by
Sergeant-at-Arms of House.
101. Bond of Sergeant-at-Arms of
House.

102. Custody of bond of Sergeant-at-
Arms.

103. Tenure of office of Sergeant-at

Arms.

104. Statement of disbursements by Sergeant-at-Arms.

105. Accounts of property.

Sec.

106. Door-keepers' duties.
107. Purchases of stationery and mate-
rials for folding.

108. Payments from contingent fund
of Senate for expenses of com-
mittees, and vouchers therefor.
109. Payments from contingent funds
of Senate and House of Repre-
sentatives, and vouchers there-
for.

109a. Repeal of Senate resolutions au-
thorizing payment from contin-
gent fund for clerical and mes-
senger service.
109b. Payment from moneys of House
of Representatives of certain
bills for barber shops, unlawful.
110. Temporary Committee on Ac-
counts of House of Representa-
tives to approve payments from
contingent fund.

111. Payments from contingent fund
of House of Representatives, on
vouchers approved by Committee
on Accounts, conclusive.

112. Publication of laws.
113. Contracts involving

employment

of horses for service of House
of Representatives.

114. Contracts for hire of horses and
mail wagons for mail service of
House of Representatives.
115. Contracts for packing boxes for
use of House.

116. Sale of waste paper, etc., and
condemned furniture.

117. Actions against officers for official acts; district attorney to enter appearance; application of provisions for removal of suits, withholding of executions, and payment of judgments against revenue or other officers; defense of actions.

§ 58. (R. S. § 52.) Officers and employés of Senate.

The following persons are employed in the service of the Senate: One Secretary of the Senate,

* *

One Sergeant-at-Arms and Door-keeper,
One Postmaster to the Senate, * *
One Chaplain to the Senate, *

*

Act March 3, 1873, c. 226, § 1, 17 Stat. 486.

The portions of this section set forth here are those only which provided for officers who are elected by the Senate. The section as enacted in the Revised Statutes prescribed the salary of each of those officers, and it further provided for various subordinate officers and for numerous clerks and other employés, and prescribed their salaries. These portions of the section are omitted, for reasons stated in the note at the beginning of this chapter.

For the Secretary of the Senate, the recent appropriations, including compensation as disbursing officer of salaries of Senators and of the contingent fund of the Senate, are $6,500. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat.

The employment, in the office of the Secretary of the Senate, of an Assistant Secretary of the Senate (Henry M. Rose), at an annual salary of $5,000, was authorized by a provision of Act March 3, 1905, c. 1484, § 1, 33 Stat. 1245, and an appropriation therefor was made by that act and was continued in the appropriation acts for the subsequent years. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

For the Sergeant-at-Arms and Doorkeeper, the recent appropriations are $6,500. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat. He was forbidden to receive fees or other compensation

for performing the duties of the office, or in connection therewith, by a provision of Act June 20, 1874, c. 328, § 1, post, § 60.

For the Postmaster, the recent appropriations are $2,250. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

The offices, for the Senate, of chief clerk of the post office, at $1,800, and messenger at the card door, at $1,600, were created, in lieu of the offices of assistant postmaster and mail carrier, and of clerk, provided for in previous appropriation acts, by a provision of Res. Aug. 8, 1911, No. 4, 37 Stat. 37, and appropriations for those officers were made in the appropriation acts for subsequent years. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

For the Chaplain, the recent appropriations are $1,200. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

See, also, notes at the beginning of this chapter.

§ 59. (R. S. § 53.) Officers and employés of House of Repre sentatives.

The following persons are employed in the service of the House of Representatives:

[blocks in formation]

Act March 3, 1873, c. 226, § 1, 17 Stat. 488.

The portions of this section set forth here are those only which provide for officers who are elected by the House. The section as enacted in the Revised Statutes prescribed the salary of each of those officers, and it further provided for various subordinate officers and for numerous clerks and other employés, and prescribed their salaries. These portions of the section are omitted, for reasons stated in the note at the beginning of this chapter.

For the Clerk of the House, the recent appropriations, including compensation as disbursing officer of the contingent fund, are $6,500; and for hire of horse and wagon for use of the Clerk's office, $900, or so much thereof as may be necessary. The provision for the fiscal year 1917 was by Act May 10,

1916, c. 117, § 1, 39 Stat.

In connection with a provision placing the library of the House under the control of the Librarian of Congress, the appointment of a librarian, two assistant librarians, and assistant in the library, thereby provided for, was vested in the Clerk, with the approval of the Speaker, and removals from such positions except for cause were prohibited, by Act March 3, 1901, c. 830, § 1, post, § 154.

For the Sergeant-at-Arms, the recent appropriations are $6,500, and for hire of horse and wagon, $600. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat. He was forbidden to receive fees or other compensation for performing the duties of the office, or in connection therewith, by a provision of Act June 20, 1874, c. 328, § 1, post, § 61.

Employés in the office of the Sergeant-at-Arms were enumerated by Act Oct. 1, 1890, c. 1256, § 8, 26 Stat. 646, but different provisions were made by the subsequent annual appropriation acts. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat.

For the Doorkeeper, the recent appropriations are $5,000, and for hire of horses and wagons and repairs of same, $1,200, or so much thereof as may be necessary. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

A provision authorizing the appointment by the Doorkeeper of certain specified employés "for labor in folding books, speeches, and pamphlets," contained in Act March 3, 1883, c. 128, § 1, 22 Stat. 535, was superseded by the establishment of a folding room of the House, to be in charge of a superintendent to be appointed, with the necessary assistants, by the Doorkeeper, by the Printing and Binding Act of Jan. 12, 1895, c. 23, § 71, post, § 7050.

For the Postmaster, the recent appropriations are $4,000. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

For the Chaplain, the recent appropriations are $1,200. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat. See, also, notes at the beginning of this chapter.

§ 60. (Act June 20, 1874, c. 328, § 1.) Limit of compensation of Sergeant-at-Arms and Door-keeper of Senate.

Senate * *

* Sergeant-at-Arms and Door-keeper, * Hereafter he shall receive, directly or indirectly, no fees or other com

« ՆախորդըՇարունակել »