stance in each of the subsequent apportionment acts, and are now contained in Act Aug. 8, 1911, c. 5, §§ 2-4, post, §§ 16-18. Hence, the provisions of the acts of 1882, 1891, and 1901, as well as those of R. S. §§ 20, 21, 23, are omitted, and the act of 1911 is included as the only law in force on the subjects covered by it. § 16. (Act Aug. 8, 1911, c. 5, § 2.) Representatives from States of Arizona and New Mexico. If the Territories of Arizona and New Mexico shall become States in the Union before the apportionment of Representatives under the next decennial census they shall have one Representative each, and if one of such Territories shall so become a State, such State shall have one Representative, which Representative or Representatives shall be in addition to the number four hundred and thirtythree, as provided in section one of this Act, and all laws and parts of laws in conflict with this section are to that extent hereby repealed. (37 Stat. 14.) Previous provisions for Representatives from New Mexico and Arizona were made by the enabling act for the admission of those States, Act June 20, 1910, c. 310, §§ 5, 23, 36 Stat. 561, 571. Provisions for representation of Alaska and Hawaii by Delegates in the House of Representatives are contained in Act May 7, 1906, c. 2083, § 1, post, § 3545, and Act April 30, 1900, c. 339, § 85, as amended by Act June 28, 1906, c. 3582, post, § 3726. Provisions for two Resident Commissioners from the Philippine Islands are contained in Act Aug 29, 1916, c. 416, § 20, post, under Title XXIII, "The Territories and Insular Possessions," Chapter Three D, "The Philippine Islands." Provisions for a Resident Commissioner from Porto Rico are contained in Act April 12, 1900, c. 191, § 39, post, § 3796. § 17. (Act Aug. 8, 1911, c. 5, § 3.) Election by districts. In each State entitled under this apportionment to more than one Representative, the Representatives to the Sixty-third and each subsequent Congress shall be elected by districts composed of a contiguous and compact territory, and containing as nearly as practicable an equal number of inhabitants. The said districts shall be equal to the number of Representatives to which such State may be entitled in Congress, no district electing more than one Representative. (37 Stat. 14.) Notes of Decisions Members elected by districts representatives of entire state.-Under the provision of Act June 25, 1842, c. 47, § 2, 5 Stat. 491, for election of representatives by districts, carried forward as R. S. § 23, it has never been doubt ed that representatives thus chosen represented the entire people of the state acting in their sovereign capacity. McPherson v. Blacker (1892) 13 Sup. Ct. 3, 7, 146 U. S. 1, 36 L. Ed. 869. § 18. (Act Aug. 8, 1911, c. 5, § 4.) Election of additional Representatives at large in cases of increase in number. In case of an increase in the number of Representatives in any State under this apportionment such additional Representative or Representatives shall be elected by the State at large and the other Representatives by the districts now prescribed by law until such State shall be redistricted in the manner provided by the laws thereof and in accordance with the rules enumerated in section three of this Act; and if there be no change in the number of Representatives from a State, the Representatives thereof shall be elected from the districts now prescribed by law until such State shall be redistricted as herein prescribed. (37 Stat. 14.) § 19. (Act Aug. 8, 1911, c. 5, § 5.) Nominations of candidates for Representatives to be elected at large. Candidates for Representative or Representatives to be elected at large in any State shall be nominated in the same manner as candidates for governor, unless otherwise provided by the laws of such State. (37 Stat. 15.) (R. S. § 21. Superseded.) This section provided for additional Representatives from new States admitted to the Union. It was superseded by provisions for the same purpose in the subsequent apportionment acts. See note to Act Aug. 8, 1911, c. 5, § 1, ante, § 15, and section 2 of that act, ante, § 16. § 20. (R. S. § 22.) Reduction of representation under amend ment 14. Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article fourteen, section two, except for participation in the rebellion or other crime, the number of representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State. Act Feb. 2, 1872, c. 11, § 6, 17 Stat. 29. (R. S. § 23. Superseded.) This section provided for the election of Representatives by districts in each State. It was superseded by provisions for the same purpose in the subsequent apportionment acts. See note to Act Aug. 8, 1911, c. 5, § 1, ante, § 15, and sections 3, 4, of that act, ante, §§ 17, 18. (R. S. § 24. Repealed.) This section incorporated the provision of Act March 3, 1873, c. 239, 17 Stat. 578, fixing the time for the election in the year 1874 of Representatives from the State of California to the Forty-Fourth Congress. That act was repealed by Act May 21, 1874, c. 187, 18 Stat. 48, which, though passed before the enactment of the Revised Statutes, took effect, by virtue of R. S. § 5601, post, § 10598, as a subsequent statute, repealing any portion of the revision inconsistent therewith. § 21. (R. S. § 25.) Time of election. The Tuesday next after the first Monday in November, in the year eighteen hundred and seventy-six, is established as the day, in each of the States and Territories of the United States, for the election of Representatives and Delegates to the Forty-fifth Congress; and the Tuesday next after the first Monday in November, in every second year thereafter, is established as the day for the election, in each of said States and Territories, of Representatives and Delegates to the Congress commencing on the fourth day of March next thereafter. Act Feb. 2, 1872, c. 11, § 3, 17 Stat. 28. This section was modified, so as not to apply to certain states, by a provision of Act March 3, 1875, c. 130, § 6, post, § 22. Notes of Decisions Purpose of provision. The provisions of Act Feb. 2, 1872, c. 11, incorporated in this section, were passed to remedy evils arising from the election of members of Congress occurring at different times in the different states. Ex parte Yarbrough (1884) 4 Sup. Ct. 152, 157, 110 U. S. 651, 28 L. Ed. 274. § 22. (Act March 3, 1875, c. 130, § 6.) Time for election of Representatives not to apply to certain states. Section twenty-five of the Revised Statutes prescribing the time for holding elections for Representatives to Congress, is hereby modified so as not to apply to any State that has not yet changed its day of election, and whose constitution must be amended in order to effect a change in the day of the election of State officers in said. State. (18 Stat. 400.) § 23. (R. S. § 26.) Vacancies. The time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such 1 U.S.COMP.'16-2 (17) vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively. Act Feb. 2, 1872, c. 11, § 4, 17 Stat. 29. Duty of state Legislature to order election. When, at a regular biennial election for a member of the United States House of Representatives, there is a failure to elect found by the General Assembly on its count of the vote, it is the duty of the General Assembly to order a new election, whether such new election be ordered before or after the ensuing 4th day of March. In re Congressional Election (1887) 15 R. I. 624, 9 Atl. 224. § 24. (R. S. § 27, as amended, Act Feb. 14, 1899, c. 154.) Votes by ballot or voting machine. All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State law; and all votes received or recorded contrary to this section shall be of no effect. Sec. Act Feb. 28, 1871, c. 99, § 19, 16 Stat. 440. Act May 30, 1872, c. 239, 17 Stat. 192. Act Feb. 14, 1899, c. 154, 30 Stat. 836. This section, as enacted in the Revised Statutes, made no provision for use of voting machines, and contained, at the end of the section, a provision that it should not apply to any State voting otherwise whose election for Representatives occurred previous to the regular meeting of its legislature next after February 28, 1871. It was amended by Act Feb. 14, 1899, c. 154, last cited above, by inserting, after the word "ballot," the words, "or voting machine the use of which has been duly authorized by the State law," and omitting the provision which suspended temporarily its application to certain States. CHAPTER THREE Organization of Meetings of Congress 25. Oath of Senators. 26. Oath of President of the Senate. 27. Oath of Senators, etc., may be ad ministered by presiding officer. 28. Oath of officers of Senate and witnesses may be administered by Secretary of Senate or Chief Clerk. Sec. 29. Oath of Speaker, members, and del- 30. Roll of Representatives-elect. Arms. 32. When roll made by Door-keeper. 33. President may change place of meeting, when. § 25. (R. S. § 28.) Oath of Senators. The oath of office shall be administered by the President of the Senate to each Senator who shall hereafter be elected, previous to his taking his seat. Act June 1, 1789, c. 1, § 2, 1 Stat. 23. All oaths or affirmations required by the Constitution, or by law, to be taken by any Senator, may be administered by the presiding officer, for the time being, of the Senate, by Act April 18, 1876, c. 66, § 1, post, § 27. Provisions as to oaths of office in general were made by R. S. §§ 1756-1759, and subsequent statutes post, §§ 3216-3223. Notes of Decisions Necessity of taking oath.-The taking by a Senator-elect of the oath required by Const. art. 6, and by R. S. § 28, embodied in this section, at the bar of the Senate, is the usual manner of indicating acceptance and of being inducted into the office; but it is not probable that a failure to take the oath would affect the acts of one who is by the Senate actually admitted to a seat therein, and who actually exercises the functions of that office, or that it would constitute any defense to a prosecution for a criminal offense committed during his incumbency of the office. U. S. v. Dietrich (C. C. 1904) 126 Fed. 676, 682. This section, referring to a Senator, so terms him when he has not taken the oath. (1879) 16 Op. Atty. Gen. 271, 274. Cited without definite application, (1882) 17 Op. Atty. Gen. 419. § 26. (R. S. § 29.) Oath of President of the Senate. When a President of the Senate has not taken the oath of office, it shall be administered to him by any member of the Senate. Act June 1, 1789, c. 1, § 2, 1 Stat. 23. § 27. (Act April 18, 1876, c. 66, § 1.) Oath of Senators, etc., may be administered by presiding officer. The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate. (19 Stat. 34.) This section and the section next following were an act entitled "An act further to provide for the administering of oaths in the Senate." § 28. (Act April 18, 1876, c. 66, § 2.) Oath of officers of Senate and witnesses may be administered by Secretary of Senate or Chief Clerk. The Secretary of the Senate, and the Chief Clerk thereof, shall, respectively, have power to administer any oath or affirmation required by law, or by the rules or orders of the Senate, to be taken. by any officer of the Senate, and to any witness produced before it. (19 Stat. 34.) Further provisions for administration of oaths to witnesses in congressional investigations were made by R. S. § 101, and Act June 26, 1884, c. 123, post, §§ 155, 156. § 29. (R. S. § 30.) Oath of Speaker, members, and delegates. At the first session of Congress after every general election of Representatives, the oath of office shall be administered by 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.. Act June 1, 1789, c. 1, § 2, 1 Stat. 23. Notes of Decisions "Members."-This section indicates distinctly that the "members" there referred to are gentlemen who have not taken the oath. (1879) 16 Op. Atty. Gen. 271, 274. Cited without definite application, (1882) 17 Op. Atty. Gen. 419. § 30. (R. S. § 31.) Roll of Representatives-elect. Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States. Act Feb. 21, 1867, c. 56, § 1, 14 Stat. 397. Act March 3, 1863, c. 108, 12 Stat. 804. Notes of Decisions Jurisdiction of state courts before issue of election certificate.-Before certificate of election had issued to either candidate for Congress, and before either had been accepted by Congress or sworn in as a member, the state courts were open to the candidate complaining that a certificate of election was about to be issued in violation of law. People ex rel. Brown v. Board of Sup'rs of Suffolk County (N. Y. 1915) 110 N. E. 776. Right to be placed on roll.-A person who presents credentials showing that he was regularly elected must be placed on the roll of Representatives-elect. Page v. U. S. (1888) Sup. Ct. 1026, 1027, 127 U. S. 67, 32 L. Ed. 65. Cited without definite application, U. S. v. Dietrich (C. C. 1904) 126 Fed. 676, 680. § 31. (R. S. § 32.) When roll made by Sergeant-at-Arms. In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant-at-Arms of the next preceding House of Representatives. Act Feb. 21, 1867, c. 56, § 2, 14 Stat. 397. § 32. (R. S. § 33.) When roll made by Door-keeper. In case of vacancies in the offices of both the Clerk and the 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 of Representatives or the organization of the House shall be performed by the Door-keeper of the next preceding House of Representatives. Act Feb. 21, 1867, c. 56, § 2, 14 Stat. 397. § 33. (R. S. § 34.) President may change place of meeting, when. Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper. Act April 3, 1794, c. 17, 1 Stat. 353. In case of the prevalence of a contagious or epidemic disease at the seat of Government, the President may direct the removal of the public offices to another place by R. S. § 4798, post, § 9180. Notes of Decisions Members within meaning of section.The word "members" may apply either to members who have or who have not taken the oath. (1879) 16 Op. Atty. Gen. 271, 274. Sec. CHAPTER FOUR 34. Salaries of members of Congress. 37. Compensation of President of the 38. Salary of Speaker. 39. Salary payable monthly to Senators-elect. 40. Salary payable monthly to Representatives and Delegates elect. 41. Salary payable monthly after taking oath. 42. Deductions for absence. 43. Deductions for withdrawal from seat. 44. Deductions for books. 45. Newspapers. Sec. 46. Postage. 47. Salary in lieu of all allowances, except traveling. 48. Mode of payment. 49. Certificate of salary and accounts. 54. Limits of the rule. 55. Monuments to deceased Senators or members of House of Representatives interred in Congressional Cemetery. 56. Pay of members elected to fill va vancies. 57. Salaries of Senators elected or ap pointed to fill vacancies. 57a. Salaries of Representatives, Delegates, etc., elected for unexpired terms. |