Cong. Record, 3, 46, p. 1624; also Journal, 2, 48, p. 536), but by clause 4, Rule XXIV, takes precedence in Committee of the Whole next after general appropriation bills.

A resolution of inquiry asking information relative to the construction of public works built for the improvement of navigation may properly be referred to either the Committee on Rivers and Harbors or the Committee on Interstate and Foreign Commerce.-Journal 1, 52, p. 107

(See Committees.)

RULES.

Each House may determine the rules of its proceedings.— Const., 1, 5, 2, 5.

From the Second Congress down to the Forty-ninth it was customary at the beginning of each Congress to adopt a resolution, in substance, that the rules and standing orders of the House of the previous Congress be the rules and standing orders of the present Congress until the further order of the House, or until after some specified period.

In the Forty-ninth Congress the rules were reported to the House and adopted a few days after the commencement of the first session, thus rendering unnecessary the resolution adopting for the time the rules of the last House.

I the Fifty-first Congress neither a temporary nor permanent code of rules was adopted for the government of the House until more than three months after the session commenced, the Speaker in the meantime holding that the rules of the previous House were neither directly or indirectly operative.-Record, 1, 51, January 1, 1890.

In the Forty-sixth and in each succeeding Congress, including the Fifty-second, except the Fifty-first and Fiftythird, the following was adopted as a standing rule of the House:

"These rules shall be the rules of the House of Representatives of the present and succeeding Congresses unless otherwise ordered."

(As to the power of the House to make rules binding on the House in a subsequent Congress, see Parliamentary Practice, ante, p. 453.)

The rules of parliamentary practice comprised in Jefferson's Manual shall govern the House in all cases to which they are applicable and in which they are not inconsistent with the standing rules and orders of the House and joint rules of the Senate and House of Representatives.-Rule XLIV.

(In Jefferson's Manual, as it appears in this compilation, are incorporated the present Senate rules, printed in italics. These Senate rules, of course, constitute no part of the "manual" referred to in the above Rule XLIV.)

The rules of proceeding in the House shall be observed in Committee of the Whole House so far as they may be applicable.-Rule XXIII, clause 8. No previous question can be put in committee, nor can this committee adjourn as others may (Manual, p. 72), nor can the yeas and nays be taken (Congressional Globe, 1, 28, p. 618; 1, 26, p. 285), nor can a motion to lay on the table be entertained (Congressional Globe, 2, 31, p. 645), nor motions to reconsider.-Congressional Globe, 1, 27, p. 305. Neither can a motion to postpone to a day certain or indefinitely be entertained in Committee of the Whole, but a motion may be received to report the pending measure to the House with a recommendation that it be postponed or laid on the table. A committee can not adjourn, but the motion to rise is, like the motion to adjourn, in order at any time. (See Suspension of Rules.)

RULES, COMMITTEE ON.

All proposed action touching the rules, joint rules, and order of business shall be referred to the Committee on Rules.-Rule XI, clause 51.

No committee, except the Committee on Rules, shall sit during the sitting of the House without special leave.-Rule XI, clause 58.

The Committee on Rules has leave to report at any time on rules, joint rules, and order of business. (See Rule XI, clause 57.) It shall always be in order to call up for consideration a report from the Committee on Rules, and pending the consideration the Speaker may entertain one motion that the House adjourn; but after the result is announced, he shall not entertain any

other dilatory motion until the said report shall have been fully disposed of.-Rule XI, clause 57. This rule was first adopted in its present form at commencement of the first session of the Fifty-second Congress.

It was held in the Forty-ninth Congress that a proposition to change the rules must be referred in the first instance to the Committee on Rules, pursuant to the provisions of Rule XI.-Congressional Record, 2, 49, p. 1785.

In the Fifty-third Congress it was decided that the Committee on Rules were authorized to report on the rules or order of business notwithstanding the proposed rule or order had not been specially referred to that Committee.-Journals, 1, 53, p. 96; 2, 53, p. 61.

A resolution changing the rules, if referred to a committee other than the Committee on Rules, is not privileged for consideration when reported.-Congressional Record, 1, 50, p. 764.

It is in order before, as well as after, the reading of the Journal to call up for consideration a report from the Committee on Rules touching the rules or order of business of the House.-Journal, 1, 52, p. 91.

A report from the Committee on Rules relative to the order of business may take precedence of a question of privilege.Journal, 2, 53, p. 132.

It was held in the Fifty-third Congress that the question of consideration could not be demanded against a report from the Committee on Rules.--Journals, 1, 53, p. 97; 2, 53, p. 72.

Pending the consideration of a report from Committee on Rules a motion for a recess is not in order.—Journal, 1, 52, p. 126.

A resolution setting apart a day for the consideration of a bill or a special class of business is held to be a change of the rules. And a report on a resolution or special order is privileged and may be called up by any member at any time. (See Journal, 1, 49, pp. 2171, 2172.

(See Committees; Rules.)

SALARIES.

(See Compensation.)

SEATS OF MEMBERS.

SEATS OF MEMBERS.

At the commencement of each Congress, usually on the first or second day, seats are selected by Members for permanent occupation during the Congress, pursuant to the following rule:

1. At the commencement of each Congress, immediately after the Members and Delegates are sworn in, the Clerk shall place in a box, prepared for that purpose, a number of small balls of marble or other material equal to the number of Members and Delegates, which balls shall be consecutively numbered and thoroughly intermingled, and at such hour as shall be fixed by the House for that purpose, by the hands of a page, draw said balls one by one from the box and announce the number as it is drawn, upon which announcement the Member or Delegate whose name on a numbered alphabetical list shall correspond with the number on the ball shall advance and choose his seat for the term for which he is elected.

2. Before said drawing shall commence each seat shall be vacated and so remain until selected under this rule, and any seat having been selected shall be deemed forfeited if left unoccupied before the call of the roll is finished, and whenever the seats of Members and Delegates shall have been drawn, no proposition for a second drawing shall be in order during that Congress.-Rule XXXII.

It is usual in this drawing, as a matter of courtesy, to except ex-Speakers of the House and the Members longest in service, one on either side, who are permitted to select their seats before the drawing begins; and it is sometimes provided that seats for absent Members may be selected for them.

The resolution to proceed with the drawing of seats is a proposition highly privileged and has been held to take precedence over the question of the right of a Member to a seat in the House.

By a strict observance of Rule XV it is not in order to entertain a request to record a vote after the second roll call, but according to the usage which has prevailed for many years, if a Member states that he was in his seat listening and failed to hear his name, it is customary to permit him to enter his vote.

Previous to the second session of the Thirty-fifth Congress each Member was provided with a desk and seat within the Hall, the location of which for the session had been determined by lot. At that session, with a view to try the experiment of dispensing with desks, the following resolution was adopted,

viz:

it the Superintendent of the Capitol Extension be directed,

after the adjournment of the present session of Congress, to remove the desks from the Hall of the House, and to make such rearrangement of the seats of Members as will bring them together in the smallest convenient space.-Journal, 2, 35, pp. 580, 583.

At the next session the desks were ordered to be restored, Journal, 1, 36, p. 351; and that arrangement has been continued ever since.

SENATE, BILLS AND RESOLUTIONS OF THE.

(See Bills, Resolutions, Engrossed bills, Amendments between the Houses, Conference reports, Business on the Speaker's table.)

SERGEANT-AT-ARMS.

The Sergeant-at-Arms is required to take the oath prescribed in Rule II.

DUTIES OF.

He is made a disbursing officer, and his duties are expressly defined by the act of October 1, 1890, as follows:

Be it enacted, &c., That it shall be the duty of the Sergeant-at-Arms of the House of Representatives to attend the House during its sittings, to maintain order under the direction of the Speaker, and, pending the election of a Speaker or Speaker pro tempore, under the direction of the Clerk, execute the commands of the House and all processes issued by authority thereof, directed to him by the Speaker, keep the accounts for the pay and mileage of Members and Delegates, and pay them as provided by law SEC. 2. That the symbol of his office shall be the mace, which shall be borne by him while enforcing order on the floor.

SEC. 3. That 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.

SEC. 4. That the Sergeant-at-Arms shall, within twenty days after entering upon the duties of his office, and before receiving any portion of the moneys appropriated for the compensation of mileage of Members and Delegates, give a bond to the United States, with two or more sureties, to be approved by the First Comptroller of the Treasury, in the sum of fifty thousand dollars, with condition for the proper discharge of the duties of his office, and the faithful keeping, application, and disbursements of such moneys as may be drawn from the Treasury and paid to him as disbursing officer of the United States, and shall, from time to time, renew his official bond as the First Comptroller of the Treasury shall direct. No Member of Congress shall be approved as surety on such bond.