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The House may, however, by resolution, continue in force heyond an adjournment, the order that the Sergeant-at-Arms take into custody and bring to the bar absent Members, and may make such order returnable to a day subsequent to the day of adjournment.—Journal 1, 30, pp. 1034, 1035; also Speaker Crisp, Journal, 1, 52, pp. 166, 167.
Absent Members taken into custody after adjournment, under such order so continued in force, have the same status, and are subject to the same restrictions, as if they had been taken and brought to the bar before the adjournment.-Journal, 1, 52, p. 167.
The Sergeant-at-Arms was directed by order of the House to telegraph absent members requesting their attendance; Held, That the Sergeant-at-Arms was not required to report as the first business on the succeeding day his action in executing the order.-Journal, 2, 53, p. 143.
When the order of arrest is continued in force beyond an adjournment the business of the House is not thereby suspended, but, if a quorum be present, may proceed as usual on the succeeding day while the order is being executed.—Journal, 2, 53, p. 149.
A motion that the Sergeant-at-Arms be summoned to report his action in executing a continuing order of arrest was held not to present a privileged question.—Journal, 2, 53, p. 149.
An order of arrest made during a call of the House and continued in force beyond the adjournment was on a subsequent day held to be a proceeding which might be disposed of by dispensing with proceedings under the call.—Mr. Richardson, Speaker pro tempore; Journal, 2, 53, p. 194.
A quorum was held to be required to discharge the Sergeantat-Arms from further proceeding on a warrant of arrest continued in force after the call of the House had terminated.-Journal, 2, 53, pp. 318, 319.
In response to a question by the Sergeant-at-Arms whether in executing a continuing order he was required to arrest members who had on a subsequent day returned and were in their seats, the Speaker held that it was his duty to execute the order wherever the members named in the order might be found.Journal, 2, 53, p. 185.
When a motion is made to discharge from custody several Members at the same time, the Members thus in custody are not entitled to vote on the question; but when several Members are present in custody under the same order and a motion is made to discharge one, it is competent for the other Members in custody to vote on the question.—Journal, 2, 52, pp. 167, 168.
Members present in custody of the Sergeant-at-Arms can not be deprived of their right to vote.—Journal, 2, 53, p. 72.
The House has a right to have every Member present. If but one or two Members are absent it may send for them if it desires.—Journal, 1, 52, p. 160.
A point of order that a call of the House is not in order under the rules comes too late when the proceedings under the call have actually commenced.—Journal, 1, 52, p. 160.
The point being made that, under paragraph 2 of Rule 17, a call of the House is not in order after the previous question is ordered unless it shall appear by actual count by the Speaker that a quorum is not present, Speaker Crisp overruled the point of order, holding as follows: The Chair adopts the count made on the call immediately preceding this motion, and the judgment of the Chair is that that is evidence of the very best possible character of the number present.-Journal, 1, 52, p. 162.
Pending a call of the House no question of privilege can be presented, except such as may arise out of or in connection with the call in which the House is engaged.—Journal, 2, 52, p. 105.
Pending proceedings under a call of the House, the House may order the roll call to be repeated, to ascertain which of the Members are then absent; and it is in order to direct the Sergeant-at-Arms to take into custody Members who have absented themselves since the first call of the roll.-Journal, 2, 52, p. 106.
Pending a call of the House and in the absence of a quorum it is not in order to entertain a motion to omit or expunge certain proceedings from the Journal.—Journal, 2, 52, p. 107.
CAPITOL. The Speaker shall have general control, except as provided by rule or law, of the Hall of the House, and of the corridors
and passages, and the disposal of the unappropriated rooms in that part of the Capitol assigned to the use of the House until further order.— See Rule 1, clause 3.
Each House has exclusive control and jurisdiction of the corridors in its own wing of the Capitol, and a proposed resolution directing the officers of the House to remove obstructions from the corridors of the Senate wing is against order.-Journal, 2, 50, p. 770.
For laws relating to the use, care, protection, and repair of the Capitol, see R. S., secs. 5, 1814 to 1826, inclusive, as amended by the following subsequent legislation:
No work of art or manufacture not the property of the United States shall be exhibited in the Capitol, nor shall any room in the Capitol be used for private studios or works of art, without permission from the Joint Committee on the Library, given in writing; and it shall be the duty of the Architect of the Capi. tol Extension to carry these provisions into effect.-Stats. at L., Vol. 18, p. 376; Ibid., vol. 20, p. 391.
Hereafter all, changes and improvements in the grounds, including approaches to the Capitol, shall be estimated for in detail, showing what modifications are proposed and the estimate cost of the same.- Stats, at L., vol. 22, p. 621.
Hereafter, whenever a member of the Capitol police or watch force is suspended from duty for cause, said policeman or watchman shall receive no compensation for the time of such suspension if he shall not be reinstated.—Stats, at L., vol. 18, p. 345.
Hereafter the electrician, together with everything pertaining to the electrical machinery and apparatus, and all laborers and others connected with the lighting, heating, and ventilating the House, shall be subject exclusively to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval.-- Stats. at L., vol. 21, p. 388.
ABSTRACT OF LEGISLATION RELATIVE TO CAPITOL BUILDING.
Constitution, Article I, section 8: The Congress shall have power * * * “to exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may by cession of particular States and the acceptance of Congress become the seat of government of the United States."
Act approved July 16, 1790 (1 Stat. L., p. 130).
SEC. 1. That a district not exceeding ten iniles square * * * be, and the same is hereby, accepted for the permanent seat of government.
SEC. 2. Commissioners authorized to be appointed to locate and define said district, and empowered to accept donations of land for the use of the Government.
SEC. 3. Commissioners shall, prior to the first Monday in December, 1800, provide suitable buildings for the accommodation of Congress.
SEC. 4. President authorized to accept grants of money for defraying expense of buildings.
SEC. 5. The seat of government to be removed to said district prior to December, 1800.
Act approved April 24, 1800 (2 Stat. L., p.55): For the suitable accommodation of Congress at the city of Washington the four Secretaries of Executive Departments are directed to provide forth with suitable furniture for the apartments which are to be occupied by the two Houses, respectively, * * * and for the offices and committee rooms of each.”
Act approved January 25, 1805 (2 Stat. L., p. 311): Appropriation made to complete south wing and to alter and repair north wing of Capitol.
Act approved April 21, 1806 (2 Stat. L., p. 397): Appropriation made for completing south wing.
Act approved March 3, 1807 (2 Stat. L., p. 432): Appropriation made for finishing south wing of the Capitol, and “ for fur. nishing the same for the accommodation of the House of Rep. resentatives.”
Act approved May 2, 1828 (4 Stat. L., p. 266): “ It shall be his” (Commissioner of Public Buildings) “ duty to obey such rules and regulations as may be from time to time prescribed by the presiding officer of either House of Congress, for the care, preservation, orderly keeping, and police of those portions of the Capitol and its appurtenances which are in the exclusive use and occupation of either House of Congress, respectively."
Civil and diplomatic act approved September 30, 1850 (9 Stat. L., p. 538), contains an item of appropriation: “For extension of the Capitol according to such plan as may be approved by the President of the United States.” (This act appears to be the only legislative step taken toward authorizing the erection of the wings now occupied by the House and Senate. A great number of appropriations “ for extension of the Capitol” are made in the several appropriation acts subsequently passed, but no dedication of the added space is made, by express enactment, to the use of either House.]
Act approved March 2, 1867 (14 Stat. L., p. 466), abolishes the office of Commissioner of Public Buildings and transfers his duties to the Chief Engineer of the Army, except as otherwise provided by law.
Act approved August 15, 1876 (19 Stat. L., p. 147), provides, 66 That the Architect of the Capitol shall have the care and superintendence of the Capitol, including lighting. * * * And provided further, That all the duties relative to the Capitol building heretofore performed by the Commissioner of Public Buildings and Grounds shall hereafter be performed by the Architect of the Capitol, whose office shall be in the Capitol building” [By virtue of the provision of this act the duty of the care, preservation, and orderly keeping of the south wing of the Capitol, under regulations prescribed by the Speaker, devolves upon the Architect of the Capitol. (See act of May 2, 1828, supra.) The fact that the office of Commissioner of Public Buildings and. Grounds had been abolished by the act'of March 2, 1867, it will be seen, is not material, the duties inthe premises which he had “heretofore performed” being now expressly assigned to the Architect.]
The authority to prescribe rules and regulations for the 66 care, preservation, and, orderly keeping” of that portion of the Capitol and appurtenances in the exclusive use and occupation of the House of Representatives, rests with the Speaker, and the Architect is required by law to enforce his orders in the premises.
ROOMS IN THE HOUSE WING OF THE CAPITOL.
May 21, 1842 (Journal 1, 18, p. 558): A joint committee on the distribution of the rooms in the center of the Capitol made