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of voting machines, and contained, at the end of the section, a provision that it should not apply to any State voting otherwise whose election for Representatives occurred previous to the regular meeting of its legislature next after February 28, 1871.

It was amended by Act Feb. 14, 1899, c. 154, last cited above, by inserting, after the word "ballot," the words, "or voting machine the use of which has been duly authorized by the State law," and omitting the provision which suspended temporarily its application to certain States.

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§ 25. (R. S. § 28.) Oath of Senators.

The oath of office shall be administered by the President of the Senate to each Senator who shall hereafter be elected, previous to his taking his seat.

Act June 1, 1789, c. 1, § 2, 1 Stat. 23.

All oaths or affirmations required by the Constitution, or by law, to be taken by any Senator, may be administered by the presiding officer, for the time being, of the Senate, by Act April 18, 1876, c. 66, § 1, post, § 27.

Provisions as to oaths of office in general were made by R. S. §§ 1756-1759, and subsequent statutes post, §§ 3216-3223.

§ 26. (R. S. § 29.) Oath of President of the Senate.

When a President of the Senate has not taken the oath of office, it shall be administered to him by any member of the Senate.

Act June 1, 1789, c. 1, § 2, 1 Stat. 23.

§ 27. (Act April 18, 1876, c. 66, § 1.) Oath of Senators, etc., may be administered by presiding officer.

The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate. (19 Stat. 34.)

This section and the section next following were an act entitled "An act further to provide for the administering of oaths in the Senate."

28. (Act April 18, 1876, c. 66, § 2.) Oath of officers of Senate and witnesses may be administered by Secretary of Senate or Chief Clerk.

The Secretary of the Senate, and the Chief Clerk thereof, shall, respectively, have power to administer any oath or affirmation required by law, or by the rules or orders of the Senate, to be taken

by any officer of the Senate, and to any witness produced before it. (19 Stat. 34.)

Further provisions for administration of oaths to witnesses in congressional investigations were made by R. S. § 101, and Act June 26, 1884, c. 123, post, §§ 155, 156.

§ 29. (R. S. § 30.) Oath of Speaker, members, and delegates. 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. Act June 1, 1789, c. 1, § 2, 1 Stat. 23.

§ 30. (R. S. § 31.) Roll of Representatives-elect.

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.

Act Feb. 21, 1867, c. 56, § 1, 14 Stat. 397. Act March 3, 1863, c. 108, 12 Stat. 804.

§ 31. (R. S. § 32.) When roll made by Sergeant-at-Arms.

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.

Act Feb. 21, 1867, c. 56, § 2, 14 Stat. 397.

§ 32. (R. S. § 33.) When roll made by Door-keeper.

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 Door-keeper of the next preceding House of Representatives.

Act Feb. 21, 1867, c. 56, § 2, 14 Stat. 397.

§ 33. (R. S. § 34.) President may change place of meeting, when. Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper.

Act April 3, 1794, c. 17, 1 Stat. 353.

In case of the prevalence of a contagious or epidemic disease at the seat of Government, the President may direct the removal of the public offices to another place by R. S. § 4798, post, § 9180.

Sec.

CHAPTER FOUR

Compensation of Members

34. Salaries of members of Congress. 35. Pay and mileage of Senators, Representatives, and Delegates.

36. Compensation of Speaker, VicePresident, heads of Executive Departments, and of Senators, Representatives, Delegates, and Resident Commissioner from Porto Rico.

37. Compensation of President of the Senate.

38. Salary of Speaker.

39. Salary payable monthly to Senators-elect.

40. Salary payable monthly to Representatives and Delegates elect.

41. Salary payable monthly after taking oath.

42. Deductions for absence.

43. Deductions for withdrawal from

seat.

44. Deductions for books.

Sec.

45. Newspapers.
46. Postage.

47. Salary in lieu of all allowances, except traveling.

48. Mode of payment.

49. Certificate of salary and accounts.
50. Effect of certificate.
51. Certificate of salary of Representa-
tives during recess of Congress.
52. Substitute for Speaker to sign cer-
tificates for salary and accounts.
53. Pay of member dying after com-
mencement of a Congress.

54. Limits of the rule.
55. Monuments to deceased Senators
or members of House of Repre-
sentatives interred in Congres-
sional Cemetery.

56. Pay of members elected to fill va-
vancies.

57. Salaries of Senators elected or appointed to fill vacancies.

§ 34. (R. S. § 35.) Salaries of members of Congress.

Each Senator, Representative, and Delegate is entitled to a salary (except as to the Speaker) of seven thousand five hundred dollars a

year.

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

The provisions of the legislative, executive, and judicial appropriation act of March 3, 1873, c. 226, § 1, cited above, which increased the compensation of the President, the Vice President, the Justices of the Supreme Court, the heads and assistant secretaries of the Executive Departments, Senators, Representatives, and Delegates in Congress, and officers, clerks, and others in the employ of the Senate and House of Representatives, and which were sometimes referred to as the "Salary Grab Act," were incorporated, as the law in force at the time, in the Revised Statutes, as part of this and of the numerous other sections which set forth the salaries of the various officers. But Act Jan. 20, 1874, c. 11, 18 Stat. 4, repealed so much of said Act March 3, 1873, as provided "for the increase of the compensation of public officers and employés, whether members of Congress, Delegates, or others, except the President of the United States and the Justices of the Supreme Court," and further provided that "the salaries, compensation, and allowances of all said persons, except as aforesaid, shall be as fixed by the laws in force at the time of the passage of said act." As said repealing Act of Jan. 20, 1874, though passed before the enactment of the Revised Statutes, took effect, pursuant to R. S. § 5601, post, § 10598, as a subsequent statute, repealing any portion of the revision inconsistent therewith, it operated as a repeal of so much of R. S. § 35, as fixed the amount of the salary of each Senator, Representative, and Delegate at $7,500 a year, and restored, as the law previously in force, the provisions of Act July 28, 1866, c. 296, § 17, post, § 35. The compensation of each Senator, Representative, and Delegate fixed by said previous act was $5,000 per annum, and, in addition, mileage at the rate prescribed thereby. Such compensation was again increased to $7,500 per annum by Act Feb. 26, 1907, c. 1635, § 4, post, § 36.

§ 35. (Act July 28, 1866, c. 296, § 17.) Pay and mileage of Senators, Representatives, and Delegates.

The compensation of each Senator, Representative, and Delegate in Congress shall be five thousand dollars per annum, to be computed from the first day of the present Congress, and in addition thereto mileage at the rate of twenty cents per mile, to be estimated by the nearest route usually traveled in going to and returning from each regular session; but nothing herein contained shall affect mileage accounts already accrued under existing laws: Provided, That hereafter mileage accounts of Senators shall be certified by the President of the Senate, and those of Representatives and Delegates by the Speaker of the House of Representatives: And provided further, That the pay of the Speaker shall be eight thousand dollars per annum. (14 Stat. 323.)

This section was part of the sundry civil appropriation act for the fiscal year 1867, cited above. It was superseded by the provisions of Act March 3, 1873, c. 226, § 1, for increased compensation, which were incorporated into the Revised Statutes as section 35 thereof, ante, § 34; but on the repeal of those provisions, by Act Jan. 20, 1874, c. 11, 18 Stat. 4, this section was revived, by express provision of said repealing act, as part of "the laws in force at the time of the passage of said act" so repealed. But the compensation of Senators, Representatives, and Delegates was again increased to $7.500 per annum, and the pay of the Speaker to $12,000 per annum, by Act Feb. 26, 1907, c. 1635, § 4, post, § 36.

The provisions of this section as to mileage, in addition to compensation per annum, were not superseded by any subsequent act.

§ 36. (Act Feb. 26, 1907, c. 1635, § 4.) Compensation of Speaker, Vice-President, heads of Executive Departments, and of Senators, Representatives, Delegates, and Resident Commissioner from Porto Rico.

On and after March fourth, nineteen hundred and seven, the compensation of the Speaker of the House of Representatives, the VicePresident of the United States and the heads of Executive Departments who are members of the President's Cabinet shall be at the rate of twelve thousand dollars per annum each, and the compensation of Senators, Representatives in Congress, Delegates from Territories, and Resident Commissioner from Porto Rico shall be at the rate of seven thousand five hundred dollars per annum each. (34 Stat. 993.)

This section was part of the legislative, executive, and judicial appropriation act for the fiscal year 1908, cited above. It superseded the provisions relating to the annual compensation of the members of Congress and officers named, contained in Act July 28, 1866, c. 296, § 17, ante, § 35, and in R. S. §§ 37, 154, 160, post, §§ 38, 226, 234.

This section was repealed, in so far as it related to the annual compensation of the Secretary of State, and his annual compensation was to be at the rate of $8,000, by Act Feb. 17, 1909, c. 137, post, §§ 285, 286. Appropriations of $8,000 therefor were made for the fiscal years 1910 and 1911; but the sum of $12,000 was appropriated for the Secretary of State for the subsequent years.

The election of a Resident Commissioner from Porto Rico was authorized by Act April 12, 1900, c. 191, § 39, post, § 3796, which provided that the salary should be at the rate of $5,000 per annum.

The election of two Resident Commissioners from the Philippine Islands was authorized by Act July 1, 1902, c. 1369, § 8, post, § 3815, which provided that they should be entitled to a salary at the rate of $5,000 per annum, and

$2,000 additional to cover all expenses.

But by a provision of Act May 22, 1908, c. 186, § 1, post, § 3817, the salary of each is to be the same as that of the Resident Commissioner from Porto Rico.

§ 37. (R. S. § 36.) Compensation of President of the Senate. Whenever there is no Vice-President, the President of the Senate for the time being is entitled to the compensation provided by law for the Vice-President.

Act Aug. 16, 1856, c. 123, § 2, 11 Stat. 48.

The compensation of the Vice-President was fixed at $12,000 per annum by Act Feb. 26, 1907, c. 1635, § 4, ante, § 36.

§ 38. (R. S. § 37.) Salary of Speaker.

The Speaker of the House of Representatives is entitled to receive, in full for all his services, compensation at the rate of ten thousand dollars a year.

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

The repeal, by Act Jan. 20, 1874, c. 11, 18 Stat. 4, of that part of the provisions of Act March 3, 1873, c. 226, § 1, which was incorporated in R. S. $37, and the further provision of said Act Jan. 20, 1874, c. 11, as stated in the note to R. S. § 35, ante, § 34, operated as a repeal of so much of R. S. § 37, as fixed the amount of the salary of the Speaker at $10,000, and restored, as the law previously in force on the subject, the provision of Act July 28, 1866, c. 296, § 17, ante, § 36, which fixed his salary at $8,000.

The compensation of the Speaker was fixed at $12,000 per annum, on and after March 4, 1907, by Act Feb. 26, 1907, c. 1635, § 4, ante, § 36.

§ 39. (Act March 3, 1883, c. 143.) Salary payable monthly to Senators-elect.

Senators elected, whose term of office begins on the fourth day of March, and whose credentials in due form of law shall have been presented in the Senate, but who have had no opportunity to be qualified, may receive their compensation monthly, from the beginning of their term, until there shall be a session of the Senate. (22 Stat. 632.)

This was a provision of the sundry civil appropriation act for the fiscal year 1884, cited above. A previous similar provision for payment of compensation of Representatives and Delegates elect was contained in R. S. § 38, post, § 40. § 40. (R. S. § 38, as amended, Act March 3, 1875, c. 130, § 1.) Salary payable monthly to Representatives and Delegates elect.

Representatives and Delegates elect to Congress, whose credentials 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.

Act March 3, 1873, c. 226, § 1, 17 Stat. 488. Act March 3, 1875, c. 130, § 1, 18 Stat. 389.

A further provision contained in this section, that "in case the Clerk of the House of Representatives shall be notified that the election of any such holder of a certificate of election will be contested, his name shall not be placed upon the roll of members elect so as to entitle him to be paid, until he shall have

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