Manual, p. 123; Journal, 1, 26, p. 814; 3, 46, p. 114; Congressional Record, 3, 46, p. 311.

If repeated calls do not produce order, the Speaker may call by his name any Member obstinately persisting in irregularity.-Manual, p. 130.

Unparliamentary language used by a Member in Committee of the Whole, impeaching. the character of another Member, having been reported to the House, it was held that a resolution of censure was in order, it not being essential that there should first be a formal decision, by the Speaker, or by the House, that the remarks so reported were against order.-Congressional Record, 1, 51, pp. 4864–4866.

A Member reiterating a published scandalous charge reflecting on the dignity of the House and integrity of its proceedings violates the rule, and if the point is made may be required to take his seat.-Journal, 1, 52, p. 343.

It is a breach of order and a violation of the rules of the House to refer to a member of the other House as "an iniquitous railroad attorney."-Journal, 1, 52, p. 87.

For other instances of language held to be against order. (See Journal, 2, 53, pp. 132, 137, 204.)

DISTRICT OF COLUMBIA, COMMITTEE ON THE.

(See Committees.)

The second and fourth Mondays in each month shall, when claimed by the Committee on the District of Columbia, be set apart for the consideration of such business as may be presented by said committee.-Rule XXVI, clause 2.

The question of consideration can be demanded against any proposition presented by the Committee on the District of Columbia on the second and fourth Mondays.-Journal, 2, 50, p. 239.

Unfinished District business does not recur as the regular order of business on the succeeding day set apart for such business, unless again presented by the Committee on the District of Columbia.-Journal, 2, 53, p. 425.

DIVISION.

(See Vote.)

DIVISION OF QUESTION.

On demand of any Member, before the question is put, a question shall be divided if it include propositions so distinct in substance that one being taken away a substantive proposition shall remain.-Rule XVI, clause 6.

But it has been decided on appeals that on motions to commit with instructions, or on the different branches of instructions-Journals, 1, 17, p. 507; 1, 31, pp. 1395-1397; 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, 612; 1, 30, p. 1059; 2, 37, p. 170; 2, 53, pp. 130, 445, etc.-on a series of resolutions proposed to be inserted in lieu of other matterCongressional Globe 1, 31, p. 1310-a division of the question can not be had.

The question on the engrossment of a bill which contains two distinct propositions is not divisible; nor is the question on the passage of such bill divisible.-Journal, 1, 53, p. 22.

After a question is put, it is too late to demand that it be divided.-Journal, 2, 53, p. 143.

DOCUMENTS.

(See Public Documents.)

DOORKEEPER.

The Doorkeeper shall enforce strictly the rules relating to privileges of the hall and be responsible to the House for official conduct of his employés.

At the commencement and close of each session of Congress he shall take an inventory of all the furniture, books, and other public property in the several committee and other rooms under his charge, and report the same to the House, which re'port shall be referred to the Committee on Accounts to ascer5585-24

tain and determine the amount for which he shall be held liable for missing articles.

He shall allow no person to enter the room over the hall of the House during its sittings; and fifteen minutes before the hour for the meeting of the House each day he shall see that the floor is cleared of all persons except those privileged to remain and kept so until ten minutes after adjournment.-Rule V.

The Doorkeeper of the House of Representatives shall make out and return to Congress on the first day of each regular session, and at the expiration of his term of service, a full and complete account of all property belonging to the United States in his possession at the time of returning such account.-R. S., sec. 72.

The Doorkeeper shall perform the usual services pertaining to his office during the session of Congress, and shall, in the recess, under the direction of the Clerk, take care of the apartments occupied by the House, and provide fuel and other accommodations for their subsequent session.-R. S., sec. 73.

The Doorkeeper (with the aid of his appointees, viz, the superintendents of the "folding room" and "document room," messengers, pages, folders, and laborers) discharges various duties which are not enumerated in the rules, viz, he announces at the door of the House all messages from the President, etc.; 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 committee rooms in order, etc.

By a resolution of the House of June 4, 1872 (Journal, 2, 42, p. 1056), it is provided that the Speaker order the Doorkeeper of the House to prevent strictly the occupation of any of the offices and rooms assigned by the Speaker and by orders of the House to the use of the several officers and committees of the House, by any person whatsoever, during any recess of the House, without the written consent of the officers having such office in charge, or of the chairman or chairmen of the committee or committees to whom such room has been assigned.

In case of vacancies in the offices of both the Clerk and 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, shall be performed by the Doorkeeper of the next preceding House.-R. S., sec. 33.

By the act of August 7, 1882 (Sess. Laws 1, 47, p. 337), it is made the duty of the Doorkeeper to cause to be sold all waste paper and useless documents and condemned furniture that may accumulate in his office and cover the proceeds into the Treasury, and make report thereof to the House at the commencement of each regular session.

EDUCATION, COMMITTEE ON.

(See Committees.)

ELECTION OF PRESIDENT, VICE-PRESIDENT, AND REPRESENTATIVES IN CONGRESS-COMMITTEE ON.

(See Committees.)

ELECTIONS, COMMITTEE ON.

This committee is privileged to report at any time on contested-election cases.

(See Committees.)

ELECTIONS, CONTESTED.

Each House shall be the judge of the elections, returns and qualifications of its own members.-Const., 1, 5, 1, 5.

Whenever any person intends to contest an election of any Member of the House of Representatives of the United States, he shall, within thirty days after the result of such election shall have been determined by the officer or board of canvassers authorized by law to determine the same, give notice, in writing, to the Member whose seat he designs to contest, of his intention to contest the same, and, in such notice, shall. specify particularly the grounds upon which he relies in the contest.— R. S., sec. 105.

Any Member upon whom the notice mentioned in the preceding section may be served shall, within thirty days after the service thereof, answer such notice, admitting or denying the facts alleged therein, and stating specifically any other grounds upon which he rests the validity of his election; and shall serve a copy of his answer upon the contestant.-R. S., sec. 106.

When a seat is in dispute upon the question of prima facie right to be sworn in, each claimant relying upon an apparently regular certificate of election, the House may investigate the prima facie right to the seat, or may without such investigation seat the member appearing to have the superior credentials. It being then impossible for the unsuccessful claimant to comply with the provisions of section 105 of the Revised Statutes as to time of giving notice of contest, it has been the practice for the House, in the exercise of its constitutional power to determine the election of its Members, to authorize by resolution the institution of a contest, and to permit notice thereof to be given by the contestant subsequently to the decision by the House of the prima facie case.—Koontz vs. Coffroth, Journal, 1, 39, pp. 297, 298; Gunter vs. Wilshire, Ibid 1, 43, p. 462; Foster vs. Covode, Ibid 1, 41, pp. 159, 160; Belknap vs. Richardson, Cong. Record 1, 53, September 9, 1893.

In all contested election cases the time allowed for taking testimony shall be ninety days, and the testimony shall be taken in the following order: The contestant shall take testimony during the first forty days, the returned Member during the succeeding forty days, and the contestant may take testimony in rebuttal only during the remaining ten days of said period.-R. S., sec. 107.

Section one hundred and seven of the Revised Statutes of the United States shall be construed as requiring all testimony in cases of contested election to be taken within ninety days from the day on which the answer of the returned member is served upon the contestant.-Stats. at L., vol. 18, p. 338.

The party desiring to take a deposition under the provisions of this chapter shall give the opposite party notice, in writing, of the time and place when and where the same will be taken, of the name of the witnesses to be examined, and their places of residence, and of the name of an officer before whom the same will be taken. The notice shall be personally served upon the opposite party, or upon any agent or attorney authorized by him to take testimony or cross-examine witnesses in the matter of such contest, if, by the use of reasonable diligence, such personal service can be made; but if, by the use