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bill or other matter), have directed me to report the same with for without, as the case may be] amendments."
Where the committee have failed to complete the consideration of the matter before them, instead of saying, “have directed me to report,” etc., say, “have come to no resolution thereon.”
Where the committee have risen for want of a quorum, instead of saying, “have directed me to report,” etc., say, “having found itself without a quorum, I caused the roll to be called, and herewith report the names of the absentees to the House."
In case of reports from a Committee of the Whole House, omit the words on the state of the Union," where they first occur, and strike out the words “state of the Union” where they next occur, and insert "Private Calendar.”
The report of the chairman of the Committee of the Whole is received immediately upon the rising of the committee, and under the practice, the bill or other proposition reported is the business then in order for the consideration of the House. It might be otherwise in case it was made to appear that a quorum was not present when it was proposed to make the report. It is, however, occasionally interrupted by a question of privi. lege, after which it is again first in order. But a mere assertion of the fact without evidence, that a quorum is not present, will not prevent the reception of the report.-Journal, 1, 35, pp. 814, 822.
Amendments reported from the Committee of the Whole inconsistent one with the other must, nevertheless, be severally voted on in the House in the order in which they are reported.—Journal, 2, 52, p. 129.
Where an amendment is reported from the Committee of the Whole as an entire and distinct proposition, it can not be divided, but must be voted upon as a whole.—Journals, 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 30, pp. 574, 575; 2, 46, p. 816.
It is never in order to move to discharge a Committee of the Whole from the consideration of a bill before the committee has reported a recommendation respecting it, unless possibly in the case of an erroneous reference to the Committee of the Whole.—See Journal, 2, 45, p. 619.
A bill being reported from a Committee of the Whole with the recommendation that the enacting clause be stricken out, a motion to lay the bill on the table was held not in order:Journal, 1, 43, p. 629.
The recommendation of a Committee of the Whole that the enacting clause be stricken out was held to be subject to debate in House.—Journal, 2, 53, pp. 21, 22.
A recommendation reported from a Committee of the Whole, which, if carried into effect would change the rules of the House is not in order; and a bill reported with such recommendation remains in the Committee of the Whole, the report being prac. tically a nullity.-Congressional Record, 1, 51, p. 3504,
The effect of a refusal of the House to concur in a recommendation to strike out the enacting clause is to return the bill to the Committee of the Whole. But it is otherwise when therecommendation is to strike out all after the enacting clause, it being in order in the latter case to proceed in the House with the consideration of the original bill.-Congressional Record, 2, 49, p. 1060.
In all cases in forming a Committee of the Whole House, the Speaker shall leave his chair after appointing a chairman to preside, who shall, in case of disturbance or disorderly conduct in the galleries or lobby, have power to cause the same to be cleared.—Rule XXII1, clause 1.
Duty of chairman when Committee of the Whole House finds itself without a quorum.-See ante, p. —
The chairman of the Committee of the Whole has power to administer oaths to witnesses in any case under its examination.-R. S., sec. 101.
The duties of the chairman of a Committee of the Whole are analogous to those of the Speaker, and so far as relates to recognition, debate, questions of order, and the preservation of order, he has all the authority of the Speaker, excepting that he may not enforce order on the floor by directing the interposition of the Sergeant-at-Arms. It is his duty to take notice as well of any standing or special order of the House, as of the rules; as, for instance, when the hour or time arrives when the House is to take a recess or proceed to the consideration of another question or proposition, he must vacate the chair and report to the House any action that may have been taken by the committee.
Representatives shall receive a compensation for their seryices, to be ascertained by law and paid out of the Treasury of the United States.—Const., 1, 6, 1,5.
The salaries of members begin on the 4th of March next succeeding the general election, and are paid monthly on the 3d of each month thereafter during the term of two years.
When a Member is elected to fill a vacancy caused by death or resignation, his salary is computed from the time the vacancy occurred.
When a contesting Member is seated his salary is paid him. for the entire term up to the day on which he is declared entitled thereto, however short the period of actual service as a Member.
A Member who is unseated in a contest retains the compensation he has received and is paid his salary to the day on which he is declared not elected.
It is the duty of the Sergeant-at-Arms to keep the accounts of the pay and mileage of Members and Delegates, and pay them as provided by law.-Rule IV, clause 1.
The Clerk * * * shall pay to the officers and employés of the House of Representatives, on the last day of each month, the amount of their salaries that shall be due them, and when the last day of the month falls on Sunday he shall pay them on the day next preceding.-Rule III, clause 1.
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 inileage 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.-Stats. at L., rol. 14, pp. 333, 334.
The foregoing act was revived by the act of January 20, 1874, repealing the increase of salaries of Members, etc.-Sess. Laws, 1, 43, p. 4.
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 under existing laws.-R. S., sec. 38, and Laws, 2, 43, p. 316.
So much of section 38, R. S., as requires the Clerk of the House of Representatives to omit from the pay roll of Representatives and Delegates elect to Congress those whose election may be contested is repealed by the act of March 3, 1875,Stats. at L., Vol. 18, p. 389.
The compensation of Members and Delegates shall be passed as public accounts, and paid out of the public Treasury.-R. S., sec. 46.
The moneys which have been, or may be, appropriated for the compensation and mileage of Members and Delegates shall be paid at the Treasury on requisitions drawn by the Sergeant-at-Arms of the House of Representatives, and shall be kept, disbursed, and accounted for by him according to law, and he shall be a disbursing officer, but he shall not be entitled to any compensation additional to the salary now fixed by law — Stats. at L., vol. 26, p. 645.
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 $5,000 a year, with any traveliug expenses remaining due for actually going to or returning from any session of Congress.—R. S., sec. 49, and Laws, 1, 43, p. 4.
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.—R. S., sec. 50.
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.-R. S., sec. 51.
Whenever any appropriation made for the payment of the salaries of Senators, Members, and Delegates in Congress, or the officers and employés of both or either of the Houses thereof, or for the expenses of the same, or any committees thereof, can not be lawfully disbursed by or through the officers specially charged with such disbursements, such disbursements may be made for the purposes named in said appropriations by the Treasurer of the. United States, who shall take proper
appropriations; and the accounts therefor shall be audited and passed or rejected, as the law may require, in the same manner that similar accounts are or may be required by law to be audited and passed or rejected.-Sess. Laws, 1, 47, p. 108, act of June 22, 1882.
There shall be levied, collected, and paid on all salaries of officers, or payments for services to persons in the civil, military, naval, or other employment or service of the United States, including Senators and Representatives and Delegates in Congress, when exceeding the rate of four thousand dollars per annum, a tax of two per centum on the excess above the said four thousand dollars; and it shall be the duty of all paymasters and all disbursing officers under the Government of the United States, or persons in the employ thereof, when