Disorderly words in committee. Speaker may call member by name. serve order and them shall have been taken."-Rule 62. (See decision under latter clause of this rule, Journal, 2, 37, p. 610.) While the Speaker is putting any question, or addressing the House, none shall walk out of or across the House; nor in such case, or when a member is speaking, shall entertain private discourse; nor while a member is speaking shall pass between him and the Chair. Every member shall remain uncovered during the session of the House. No member or other person shall visit or remain by the Clerk's table while the yeas and nays are calling or ballots are counting.— Rule 65. "No person, in speaking, is to mention a member then present by his name."-Manual, p. 75. 66 'Disorderly words spoken in a committee must be written down as in the House; but the committee can only report them to the House for animadversion."-Manual, p. 77. A committee cannot punish a breach of order in the House. It can only rise and report it to the House, who may proceed to punish.-Manual, p. 90; Journal, 1, 28, p. 846. "If repeated calls do not produce order, the Speaker may call by his name any member obstinately persisting in irregularity."-Manual, p. 76. Clerk shall pre- "Pending the election of a Speaker, the Clerk shall predecorum before serve order and decorum, and shall decide all questions of Speaker is elect-order that may arise, subject to appeal to the House." Rule 146. When appointed, and of what number. Its duties. DISTRICT OF COLUMBIA, COMMITTEE FOR. There shall be appointed at the commencement of each Congress a Committee for the District of Columbia, to consist of nine members.-Rule 74. "It shall be the duty of the Committee for the District of Columbia to take into consideration all such petitions and matters or things touching the said District as shall be presented, or shall come in question, and be referred to them by the House, and to report their opinion thereon, together with such propositions relative thereto as to them shall seem expedient."-Rule 82. DIVISION OF THE HOUSE-DIVINE SERVICE. 79 DIVISION OF THE HOUSE. (See VOTING.) DIVISION OF QUESTIONS. out and insert not divisible. "Any member may call for the division of a question, be- How made. fore or after the main question is ordered, which shall be divided if it comprehend propositions in substance so distinct that one being taken away a substantive proposition shall remain for the decision of the House. A motion to strike Motion to strike out and insert shall be deemed indivisible."-Rule 46. But not divisible. it has been decided on appeals that on motions to commit other questions with instructions, or on the different branches of instructions -Journals, 1, 17, p. 507; 1, 31, pp. 1395-'97; 1, 32, p. 611 -on a Senate amendment-Journal, 2, 32, p. 401-on an amendment reported as a single amendment from a Committee of the Whole-Journals, 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 37, p. 170, &c.-a division of the question cannot be had. engrossment of internal bills. "Upon the engrossment of any bill making appropriations Upon of money for works of internal improvement of any kind or improvement description, it shall be in the power of any member to call for a division of the question, so as to take a separate vote of the House upon each item of improvement or appropriation contained in said bill, or upon such items separately, and others collectively, as the members making the call may specify; and if one-fifth of the members present second said call, it shall be the duty of the Speaker to make such divisions of the question, and put them to vote accordingly.' Rule 121. DIVINE SERVICE. formed in hall "No person shall be permitted to perform divine service Not to be perin the chamber occupied by the House of Representatives without the conunless with the consent of the Speaker."—Rule 6. sent of the Speak er. the commence Congress. Oath of office. DOCUMENTS. (See PUBLIC DOCUMENTS.) DOORKEEPER. To be elected at A doorkeeper shall be elected at the commencement of ment of each each Congress, to continue in office until his successor is appointed, who shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities, and to keep the secrets of the House; His appointees and his appointees shall be subject to the approval of the approval of the Speaker; and in his election the vote shall be taken viva subject to the Speaker. Viva voce vote for. Voce.-. Additional oath of. Shall strictly ex He is also required, by the Act of July 2, 1862, to take an additional oath.-(See OATH.) "The doorkeeper shall execute strictly the 134th and 135th in regard to ad- rules, relative to the privilege of the hall."-Rule 27. ecute the rules mission on the lery. floor and in gal- "When a message shall be sent from the Senate to the Shall announce House of Representatives, it shall be announced at the door the Senate. of the House by the doorkeeper."-Joint Rule 2. messages from Duties not enumerated in rules. Motion for, to be first discussed in : [The doorkeeper, with the aid of his appointees, viz., the superintendents of the "folding-room" and "document-room," messengers, pages, folders, and laborers, discharge various duties which are not enumerated in the rules, viz. he announces at the door of the House all messages from the President, &c.; keeps the doors of the House; folds and distributes extra documents; furnishes members with printed copies of bills, reports, and other documents; conveys messages from members; keeps the hall, galleries, and committeerooms in order, &c., &c.] DUTIES OR TAXES. "No motion or proposition for a tax or charge upon the Committee of the 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 House."-Rule 110. Whole. So also for increase of "No sum or quantum of tax or duty, voted by a Committee of the Whole House, shall be increased in the House until the motion or proposition for such increase shall be first discussed and voted in a Committee of the Whole House, and ELECTIONS BY THE HOUSE. shall choose its officers. "The House of Representatives shall choose their Speaker House and other officers."-Const., 1, 2, 6. neces sary-blanks not "In all other cases of ballot than for committees, a ma- Majority jority of the votes given shall be necessary to an election; counted. and where there shall not be such a majority on the first ballot, the ballots 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. In all cases of ballot by the House the Speaker shall Speaker vote."-Rule 7. vote. nation. 46 In all cases where others than members of the House Previous may be eligible to an office by the election of the House there shall be a previous nomination."-Rule 11. shall nomi "In all cases of election by the House of its officers the Vote to be taken vote shall be taken viva voce."-Rule 10. viva voce. to visit Clerk's table "No member or other person shall visit or remain by the No person Clerk's table while the ayes and noes are calling or ballots during. are counting.”—Rule 65. ment, not in or election. After the election of a particular officer is postponed, it is After postponenot in order to move to proceed to the election of such officer der to go into before the arrival of the period to which the postponement was made.-Journal, 1, 31, p. 405. But if the House should on failure to go fail to go into an election on the day specified in the order time, may be proof postponement, the matter does not thereby drop, but the sequently. election may be proceeded with subsequently.-Journal, 1, 26, p. 253. into at specified Iceeded with sub [Ordinarily it has been held that the election by the House Ordinarily beld of any of its officers is a question of privilege.] (See also PRESIDENT, SPEAKER, CLERK, SERGEANT-AT-ARMS, DOORKEEPER, POSTMASTER, and PRINTER, PUBLIC.) to be question of privilege. House may decide. Notice of contest. ELECTIONS, COMMITTEE OF ELECTIONS, CONTESTED. ELECTIONS, COMMITTEE OF. The Committee of Elections is of the number of the committees which, under the 74th rule, are to be appointed at the commencement of each Congress, and to consist of nine members each. "It shall be the duty of the Committee of Elections to examine and report upon the certificates of election, or other credentials, of the members returned to serve in this House, and to take into their consideration all such petitions and other matters touching elections and returns as shall or may be presented or come into question and be referred to them by the House."-Rule 75. ELECTIONS, CONTESTED. "Each house shall be the judge of the elections, returns, and qualifications of its own members."-Const., 1, V, 8. By the Act of February 19, 1851 (Stat. at Large, Vol. IX, p. 568), it is provided that notice of intention to contest shall be given by contestant to returned member within thirty days after the result of the election shall be determined by the canvassers, specifying particularly the grounds upon which he Answer to notice. relies in the contest. Within thirty days after service of said notice the returned member shall answer the same, admitting or denying the alleged facts, and setting forth specifically any other grounds upon which he rests the validity of his election; and he shall serve a copy of his answer upon the contestant. Before whom tes- Where either party desire to take testimony, application may be made to any judge of any court of the United States, or to any chancellor, judge, or justice of a court of record of any State, or to any mayor, recorder, or intendant of any town or city; said officer to reside within the congressional district in which said election was held, who shall issue subNotice to be given pœnas to the witnesses named. Notice of intention to exto opposite party. amine witnesses shall be given to the opposite party at least ten days before their examination; but neither party shall give notice of taking testimony at different places at the same time, or within less than five days between the close of taking timony may be taken. |