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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.-R. S., sec. 30.
Section 1756 of the Revised Statutes, prescribing what was known as the 6 test oath,” was repealed by the act approved May 13, 1884.
The following is the oath administered to Representatives and Delegates elect, viz: “I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”—R. S., sec. 1757.
The oath of office taken by any person pursuant to the requirements of section seventeen hundred and fifty-six or of section seventeen hundred and fifty-seven shall be delivered in by him to be preserved among the files of the House of Congress, Department, or court to which the office in respect to which the oath is made may appertain.-R. S., sec. 1759. [The provisions of this section though applicable to Members and Delegates is not observed in their cases, nor in cases of elected officers of the House. The oath taken by employees is signed and placed in the fills pursuant to the Statute.]
The Clerk, Sergeant-at-Arms, Doorkeeper, and Postmaster shall each take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities, and to keep the secrets of the House.-Rule X. This in addition to oath prescribed by section 1757, Revised Statutes.
The Speaker of the House, a chairman of the Committee of the Whole, or a chairman of a select committee, and the chairman of any standing committee shall be empowered to administer oaths or affirmations to witnesses in any case under their examination.-R. S., sec. 101.
Any Member of either House of Congress may administer oaths to witnesses in any matter depending in either House of Congress of which he is a Member, or any committee thereof.26 Stats. at L., p. 60.
The oath of office can not be administered to a Member-elect, even on presentation of proper certificate, when the House has the question of the prima facie right to such seat under consideration.- Journal 1, 48, pp. 587, 588.
The oath of office has frequently been (by unanimous consent) administered to Members-elect whose legal certificates had not been received at the time of meeting of Congress. (See Journal 2, 51, p.5.)
When a Member is prevented by sickness from being present in the House to take the oath, the House may authorize it to be taken elsewhere before an officer authorized to administer oaths. (See Report (No. 3745) of the Judiciary Committee, second session Forty-ninth Congress, in the case of Mr. Aiken. Also Congressionai Record, 2, 49, 1156. Also in the case of Hon. Samuel J. Randall.)-Journal, 1, 51, pp. 89, 103.
OFFICERS OF THE HOUSE. The officers of the House are the Speaker, Clerk, Sergeantat-Arms, Doorkeeper, Postmaster, and Chaplain, who are elected by a vote of the House at the commencement of each Congress. With the exception of the Speaker, whose term expires with the Congress, they continue in office until their successors are elected and shall have qualified.
In any action now pending, or which may be brought against any person for or on account of anything done by him while an officer of either House of Congress in the discharge of his official duty, in executing any order of such House, the district attorney for the district within which the action is brought, on being thereto requested by the officer sued, shall enter an appearance in behalf of such officer; and all provisions of the eighth section (11) of the act of July twenty-eighth, eighteen hundred and sixty-six, entitled “An act to protect the revenue, and for other purposes,” and also all provisions of the sections of former acts therein referred too, so far as the saine relate to the removal of suits, the withholding of executions, and the paying of judgments against revenue or other officers of the United States, shall become applicable to such action and
to all proceedings and matters whatsoever connected therewith, and the defense of such action shall thenceforth be conducted under the supervision and direction of the AttorneyGeneral.—Stats. at L., vol. 18, p. 401.
(See Speaker, Clerk, Sergeant-at-Arms, etc.)
The Speaker shall preserve order and decorum; and in case of disturbance or disorderly conduct in the galleries, or in the lobby, may cause the same to be cleared.—Rule I, clause 2.
The chairman of the Committee of the Whole House shall, in case of disturbance or disorderly conduct in the galleries, have power to cause the same to be cleared.—Rule XXIII, clause 1.
If any Member, in speaking or otherwise, transgress the rules of the House, the Speaker shall, or any Member may call him to order, in which case he shall immediately sit down, unless permitted on motion of another Member to explain, and the House shall, if appealed to, decide on the case without debate. If the decision is in favor of the Member called to order, he shall be at liberty to proceed, but not otherwise; and, if the case require it, he shall be liable to censure, or such punishment as the House may deem proper.-Rule XIV, clause 4.
The rules of proceeding in the House shall be observed in Committees of the Whole House so far as they may be applicable.-Rule XXII, clause 8.
If a Member is called to order for words spoken in debate, the person calling him to order shall indicate the words excepted to, and they shall be taken down in writing at the Clerk's desk and read aloud to the House, but he shall not be held to answer, nor be subject to the censure of the House therefor if further debate or other business has intervened.Rule XIV, clause 5. [The provisions of this clause are held to be applicable in Committee of the Whole.]
When in the course of debate words are taken down as being in violation of the rules, the motion first in order is that the member who has spoken them be permitted to explain; after which explanation, a motion is in order that he be permitted to proceed in the debate.—Journal, 2, 53, p. 132.
A point of order will lie against each paragraph of a preamble or resolution disrespectful to the House in like manner, as if the words were spoken in debate.-Journal, 1, 49, p. 2547.
Whenever a point of order is made that any matter or proceeding is in violation of the honor, dignity, or privileges of the House, it is not a question for the Chair, but for the House itself to determine.-Journal, 1, 49, p. 2548.
A committee can not punish a breach of order in the committee or gallery. It can only rise and report it to the House, who may proceed to punish.-Manual, p. 145; Journal, 1, 28, p. 846.
If repeated calls do not produce order the Speaker may call by his name any Member obstinately persisting in irregularity.—Manual, p. 130.
See instance where the Speaker took the chair in Parliament to suppress disorder" in Committee of the Whole.Manual, p. 123. See, also, instance in House of Representatives, where the Speaker took the chair under similar circumstances, in case of menacing language and conduct of a Member of the House.—Journal, 3, 46, p. 114.
In cases of great heat, confusion, or disorder, in Committee of the Whole, the Speaker has taken the chair in order to restore order. (See Manual, pp. 123, 124; also Journal, 3, 46, p. 114.)
A Member, being called to order in Committee of the Whole for violating the rules as to debate, was called upon by the Chairman to take his seat, but refused to do so. The Member persisting in his refusal to comply with the direction of the Chair, the Chairman announced that the committee would rise that the House might enforce its rules; whereupon the Member took his seat, and the committee continued in session without rising. The question then being put to the committee-Shall the Member be permitted to explain?—the committee refused to permit him to proceed.—1, 52, Cong. Rec., p. 4690.
It shall be the duty of the Sergeant-at-Arms to attend the House and Committee of the Whole during their sittings; to maintain order under the direction of the Speaker and chairman, and, pending the election of a Speaker or Speaker pro tempore, under the direction of the Clerk.-Rule IV, clause 1.
Pending the election of a Speaker or Speaker pro tempore the Clerk shall call the House to order, preserve order and decorum, and shall decide all questions of order that may arise, subject to appeal to the House.—Rule III, clause 1.
If any difficulty arises in point of order during the division the Speaker is to decide peremptorily, subject to the future censure of the House if irregular.- Manual, p. 170.
The objection that a proceeding is contrary to the rules is waived if not made at the time of its occurrence.-Congressional Record, 1, 51, p. 4382.
A demand for the regular order of business is equivalent to an objection, and may interrupt a Member asking unanimous consent and prevent him from fully stating his request.-Journal, 1, 52, p. 351.
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.—Jour. nal, 2, 50, p. 770.
A question of order arising out of any other question must be decided before that question.- Manual, p. 155.
(See Business, Daily Order of; Appeal; Special Orders; Questions of Order.)
PACIFIC RAILROADS, COMMITTEE ON THE.
Pairs shall be announced by the Clerk, after the completion of the second roll call, from a written list furnished him, and signed by the Member making the statement to the Clerk, which list shall be published in the Record as a part of the proceedings immediately following the names of those not voting: Provided, Pairs shall be announced but once during the same legislative day.-Rule VIII, clause 2. Before the adoption of this rule, in the second session Forty-sixth Congress, “pairs” were not recognized in the rules of the House.