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to take such steps as may be necessary to carry them into effect, and provide for the speedy execution of the printing herein contemplated." Conc't Res. Nov. 1, 1893, 28 Stat. Appendix, 5.

The printing and distribution of copies of bills and resolutions were provided for by the Printing and Binding Act of Jan. 12, 1895, c. 23, § 55, as amended by Act Jan. 20, 1905, c. 50, § 2, post, § 7025.

Repeal not to revive former act.

§ 13. (R. S. § 12.) Whenever an act is repealed, which repealed a former act, such former act shall not thereby be revived, unless it shall be expressly so provided.

Act Feb. 25, 1871, c. 71, § 3, 16 Stat. 431.

§ 14. (R. S. § 13.) Repeals not to affect liabilities, unless, etc. The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.

Act Feb. 25, 1871, c. 71, § 4, 16 Stat. 432.

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5. Officers and persons in the employ of the Senate and House of Representatives

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This chapter of Title 2 of the Revised Statutes included sections 14-19 thereof, providing for election of Senators by the legislatures of the several states, in accordance with the Const. Art. I, § 3, cl. 1, ante, p. xlvii. They were superseded by the amendment to the Constitution providing that Senators shall be elected by the people of the several states, Const. Amend. XVII, ante, p. lxi.

Sec.

CHAPTER TWO

Apportionment and Election of Representatives

15. Number of Representatives, and apportionment.

16. Representatives from States of Arizona and New Mexico.

17. Election by districts.

18. Election of additional Representatives at large in cases of increase

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Sec.

20. Reduction of representation under amendment 14.

21. Time of election.

22. Time for election of Representatives not to apply to certain States.

23. Vacancies.

24. Votes by ballot or voting machine.

This section prescribed the number and apportionment of Representatives, which were changed by subsequent apportionments, the last of which was made by Act Aug. 8, 1911, c. 5, § 1, post, § 15.

§ 15. (Act Aug. 8, 1911, c. 5, § 1.) Number of Representatives, and apportionment.

After the third day of March, nineteen hundred and thirteen, the House of Representatives shall be composed of four hundred and

thirty-three Members, to be apportioned among the several States as

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Nebraska, six.

Nevada, one.

New Hampshire, two.
New Jersey, twelve.
New York, forty-three.
North Carolina, ten.
North Dakota, three.
Ohio, twenty-two.
Oklahoma, eight.
Oregon, three.

Pennsylvania, thirty-six.
Rhode Island, three.
South Carolina, seven.
South Dakota, three.
Tennessee, ten.
Texas, eighteen.

Utah, two.
Vermont, two.

Virginia, ten.
Washington, five.
West Virginia, six.

Wisconsin, eleven.

Wyoming, one.

The apportionment of Representatives in Congress among the several States which was incorporated in R. S. § 20, was made originally, under the Ninth Census, by Act Feb. 2, 1872, c. 11, 17 Stat. 28. Thereafter, apportionments were made under the successive Censuses, as follows:

Under the Tenth Census, by Act Feb. 25, 1882, c. 20, 22 Stat. 5. Under the Eleventh Census, by Act Feb. 7, 1891, c. 116, 26 Stat. 735. Under the Twelfth Census, by Act Jan. 16, 1901, c. 93, 31 Stat. 733. Under the Thirteenth Census, by Act Aug. 8, 1911, c. 5, 37 Stat. 13. Each apportionment, in turn, superseded that which preceded it. In like manner, R. S. § 21, relating to Representatives of new States, and R. S. § 23, providing for election of Representatives by districts, were superseded by provisions to the same effect in Act Feb. 25, 1882, which were repeated in substance in each of the subsequent apportionment acts, and are now contained in Act Aug. 8, 1911, c. 5, §§ 2-4, post, §§ 16-18. Hence, the provisions of the acts of 1882, 1891, and 1901, as well as those of R. S. §§ 20, 21, 23, are omitted, and the act of 1911 is included as the only law in force on the subjects covered by it.

§ 16. (Act Aug. 8, 1911, c. 5, § 2.) Representatives from States of Arizona and New Mexico.

If the Territories of Arizona and New Mexico shall become States in the Union before the apportionment of Representatives under the next decennial census they shall have one Representative each, and if one of such Territories shall so become a State, such State shall have one Representative, which Representative or Representatives shall be in addition to the number four hundred and thirtythree, as provided in section one of this Act, and all laws and parts

of laws in conflict with this section are to that extent hereby repealed. (37 Stat. 14.)

Previous provisions for Representatives from New Mexico and Arizona were made by the enabling act for the admission of those States, Act June 20, 1910, c. 310, §§ 5, 23, 36 Stat. 561, 571.

§ 17. (Act Aug. 8, 1911, c. 5, § 3.) Election by districts.

In each State entitled under this apportionment to more than one Representative, the Representatives to the Sixty-third and each subsequent Congress shall be elected by districts composed of a contiguous and compact territory, and containing as nearly as practicable an equal number of inhabitants. The said districts shall be equal to the number of Representatives to which such State may be entitled in Congress, no district electing more than one Representative. (37 Stat. 14.)

§ 18. (Act Aug. 8, 1911, c. 5, § 4.) Election of additional Representatives at large in cases of increase in number.

In case of an increase in the number of Representatives in any State under this apportionment such additional Representative or Representatives shall be elected by the State at large and the other Representatives by the districts now prescribed by law until such State shall be redistricted in the manner provided by the laws thereof and in accordance with the rules enumerated in section three of this Act; and if there be no change in the number of Representatives from a State, the Representatives thereof shall be elected from the districts now prescribed by law until such State shall be redistricted as herein prescribed. (37 Stat. 14.)

§ 19. (Act Aug. 8, 1911, c. 5, § 5.) Nominations of candidates for Representatives to be elected at large.

Candidates for Representative or Representatives to be elected at large in any State shall be nominated in the same manner as candidates for governor, unless otherwise provided by the laws of such State. (37 Stat. 15.)

(R. S. § 21. Superseded.)

This section provided for additional Representatives from new States admitted to the Union. It was superseded by provisions for the same purpose in the subsequent apportionment acts. See note to Act Aug. 8, 1911, c. 5, § 1, ante, § 15, and section 2 of that act, ante, § 16.

§ 20. (R. S. § 22.) Reduction of representation under amend

ment 14.

Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article fourteen, section two, except for participation in the rebellion or other crime, the number of representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State.

Act Feb. 2, 1872, c. 11, § 6, 17 Stat. 29.

(R. S. § 23. Superseded.)

This section provided for the election of Representatives by districts in each State. It was superseded by provisions for the same purpose in the subsequent apportionment acts. See note to Act Aug. 8, 1911, c. 5, § 1, ante, § 15, and sections 3, 4, of that act, ante, §§ 17, 18.

(R. S. § 24. Repealed.)

This section incorporated the provision of Act March 3, 1873, c. 239, 17 Stat. 578, fixing the time for the election in the year 1874 of Representatives from the State of California to the Forty-Fourth Congress. That act was repealed by Act May 21, 1874, c. 187, 18 Stat. 48, which, though passed before the enactment of the Revised Statutes, took effect, by virtue of R. S. § 5601, post, § 10598, as a subsequent statute, repealing any portion of the revision inconsistent therewith.

§ 21. (R. S. § 25.) Time of election.

The Tuesday next after the first Monday in November, in the year eighteen hundred and seventy-six, is established as the day, in each of the States and Territories of the United States, for the election of Representatives and Delegates to the Forty-fifth Congress; and the Tuesday next after the first Monday in November, in every second year thereafter, is established as the day for the election, in each of said States and Territories, of Representatives and Delegates to the Congress commencing on the fourth day of March next thereafter.

Act Feb. 2, 1872, c. 11, § 3, 17 Stat. 28.

This section was modified, so as not to apply to certain states, by a provision of Act March 3, 1875, c. 130, § 6, post, § 22.

§ 22. (Act March 3, 1875, c. 130, § 6.)

Time for election of Representatives not to apply to certain states. Section twenty-five of the Revised Statutes prescribing the time for holding elections for Representatives to Congress, is hereby modified so as not to apply to any State that has not yet changed its day of election, and whose constitution must be amended in order to effect a change in the day of the election of State officers in said State. (18 Stat. 400.)

§ 23. (R. S. § 26.) Vacancies.

The time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories. respectively.

Act Feb. 2, 1872, c. 11, § 4, 17 Stat. 29.

§ 24. (R. S. § 27, as amended, Act Feb. 14, 1899, c. 154.) Votes by ballot or voting machine.

All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State law; and all votes received or recorded contrary to this section shall be of no effect.

Act Feb. 28, 1871, c. 99, § 19, 16 Stat. 440. Act May 30, 1872, c. 239, 17 Stat. 192. Act Feb. 14, 1899, c. 154, 30 Stat. 836.

This section, as enacted in the Revised Statutes, made no provision for use

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