shall fail to enter into such contract and give such security, within. a time to be fixed in such advertisement, then the contract shall be given to the next lowest bidder, who shall enter into such contract, and give such security. And in case of failure by the person entering into such contract to perform the same, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States.

Res. March 3, 1815, No. 11, 3 Stat. 249. Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 316.

The whole section originally enacted was stricken out, and the above provision inserted, as one of the amendments made by Act Feb. 18, 1875, c. 80, § 1, referred to in the note to R. S. § 65, ante, § 91.

§ 94. (R. S. § 68.) Contracts for separate parts of stationery.

The three preceding sections shall not prevent either the Secretary or the Clerk from contracting for separate parts of the supplies of stationery required to be furnished.

Res. March 3, 1815, No. 11, 3 Stat. 249.

§ 95. (R. S. § 69.) American goods to be preferred.

The Secretary of the Senate and the Clerk of the House of Representatives shall, in disbursing the public moneys for the use of the two Houses, respectively, purchase only articles the growth and manufacture of the United States, provided the articles required can be procured of such growth and manufacture upon as good terms as to quality and price as are demanded for like articles of foreign growth and manufacture.

Act June 17, 1844, c. 105, § 1, 5 Stat. 681.

Provisions as to purchases and contracts for supplies in any of the departments of the government, and advertisements for proposals and bids therefor, were made by R. S. §§ 3709, 3710, and subsequent provisions, post, §§ 68326837.

A similar provision as to purchase of furniture for the President's House, of domestic manufacture, was made by R. S. § 1829, post, § 3341.

§ 96. (R. S. § 70.) Detailed reports of receipts and expenditures. The Secretary of the Senate and the Clerk of the House of Representatives, respectively, shall report to Congress on the first day of each regular session, and at the expiration of their terms of service, a full and complete statement of all their receipts and expenditures as such officers, showing in detail the items of expense, classifying them under the proper appropriations, and also showing the aggregate thereof, and exhibiting in a clear and concise manner the exact condition of all public moneys by them received, paid out, and remaining in their possession as such officers.

Act July 15, 1870, c. 302, § 1, 16 Stat. 365.

Reports to Congress at the commencement of each session were required from the Secretary of the Senate and the Clerk of the House by R. S. 88 60-63, ante, §§ 84-87, and from the Sergeant-at-Arms of the House by Act Oct. 1, 1890, c. 1256, § 7, post, § 104.

§ 97. (R. S. § 71.) Fees for copies from journals.

The Secretary of the Senate and the Clerk of the House of Representatives, respectively, are entitled, for transcribing and certifying extracts from the journal of the Senate or the executive journal of the Senate when the injunction of secrecy has been removed, or from the journal of the House of Representatives, except when such transcripts are required by an officer of the United States in a matter relating to the duties of his office, to receive from the persons for whom such transcripts are prepared the sum of ten cents for cach sheet containing one hundred words.

Act Aug. 8, 1846, c. 107, § 2, 9 Stat. 80. Act Sept. 15, 1789, c. 14, § 6, 1 Stat. 69. Act April 23, 1856, c. 20, 11 Stat. 5.

§ 98. (Act Oct. 1, 1890, c. 1256, § 1.) Duties of Sergeant-at-Arms of House of Representatives.

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. (26 Stat. 645.)

This and the six sections next following were sections 1-7 of an act entitled "An act defining certain duties of the Sergeant-at-Arms of the House of Representatives, and for other purposes," cited above.

Section 8 of the act enumerated the officers and other persons employed in the office of the Sergeant-at-Arms, with their respective salaries. Different provisions for such officers and employés are made in the subsequent annual appropriation acts, varying from year to year, and the section is therefore omitted. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

Section 9 of the act amended R. S. § 237. Said amendment is incorporated in R. S. § 237, post, § 369.

Section 10 of the act repealed all laws and parts of laws inconsistent therewith.

In case of a vacancy in the office of Clerk of the House, or of his absence or inability, his duties as to the preparation of the roll of Representatives or the organization of the House devolve on the Sergeant-at-Arms of the next preceding House, by R. S. § 32, ante, § 31.

§ 99. (Act Oct. 1, 1890, c. 1256, § 2.) Symbol of office of Sergeant-at-Arms of House.

The symbol of his office shall be the mace, which shall be borne by him while enforcing order on the floor. (26 Stat. 645.)

§ 100. (Act Oct. 1, 1890, c. 1256, § 3.) Compensation of Members and Delegates to be disbursed by Sergeant-at-Arms of House. 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-atArms 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. (26 Stat. 645.)

Certificates of salary and accounts of Members and Delegates were provided for by R. S. §§ 47, 48, ante, §§ 49, 50; and their passage as public accounts, and payment out of the public treasury were provided for by R. S. § 46, ante, $48.

Whenever appropriations for salaries of Members and Delegates cannot be lawfully disbursed by or through the officers specially charged therewith, the Treasurer of the United States is authorized to make such disbursements by Act June 22, 1882, c. 236, post, § 479.

Notes of Decisions

Functions and acts of Sergeant-at Arms as disbursing officer.-The Sergeant-at-Arms was recognized by previous statutes to be a disbursing officer. Crain v. U. S. (1890) 25 Ct. Cl. 204.

When the Sergeant-at-Arms presents to the Treasurer of the United States a member's receipt for salary, with the Speaker's or Clerk's certificate that it is due, and receives the money, he is acting as a public agent. Id.

If a public agent be authorized by law to make certain payments, a failure on his part, or on the part of the

Treasury officers, to comply with the forms of law for drawing the money from the Treasury, cannot affect the party entitled to be paid. Id.

A rule of the House can not create a personal agency between an officer and a member; and where the officer draws the member's salary pursuant to the rule, and in accordance with longestablished usage, and before it is legally due, and when payment to the member would be an illegal advance, the transfer of the money to the officer is not a payment to the member. Id.

101. (Act Oct. 1, 1890, c. 1256, § 4.) Bond of Sergeant-at-Arms

of House.

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 disbursement 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. (26 Stat. 645.) See note to section 5 of this act, post, § 102. § 102. (Act Oct. 1, 1890, c. 1256, § 5.) geant-at-Arms.

Custody of bond of Ser

The bonds given pursuant to this act shall be deposited in the office of the First Comptroller of the Treasury. (26 Stat. 646.) The First Comptroller of the Treasury was designated Comptroller of the Treasury by the Dockery Act of July 31, 1894, c. 174, § 4, post, § 402. The custody of this bond, and the duties of the Comptroller in regard thereto, were transferred to the Secretary of the Treasury, by Act March 2, 1895, c. 177, § 5, post, § 3288.

§ 103. (Act Oct. 1, 1890, c. 1256, § 6.) Tenure of office of Sergeant-at-Arms.

Any person duly elected and qualified as Sergeant-at-Arms of the House of Representatives shall continue in said office until his successor is chosen and qualified, subject however, to removal by the House of Representatives. (26 Stat. 646.)

§ 104. (Act Oct. 1, 1890, c. 1256, § 7.) Statement of disbursements by Sergeant-at-Arms.

The Sergeant-at-Arms of the House of Representatives shall prepare and submit to the House of Representatives, at the commencement of each regular session of Congress, a statement in writing exhibiting the several sums drawn by him pursuant to the provisions of this act, the application and disbursement of the same, and the balance, if any, remaining in his hands. (26 Stat. 646.)

Provisions for reports and statements of similar disbursements by the Secretary of the Senate, the Clerk of the House, and the disbursing officers acting under them, and for reports of all expenditures of the Senate and House, were made by R. S. §§ 60-63, ante, §§ 84-87.

§ 105. (R. S. § 72.) Accounts of property.

The Secretary of the Senate, the Clerk of the House of Representatives, the Sergeant-at-Arms, the Postmasters of the Senate and House of Representatives, and the Door-keeper of the House of Representatives, shall, severally, make out and return to Congress, on the first day of each regular session, and at the expiration of their respective terms of service, a full and complete account of all property belonging to the United States in their possession, respectively, at the time of returning such account.

Act July 15, 1870, c. 302, § 2, 16 Stat. 365.

Provisions for accounts of public property in and about the Capitol, the President's House, and the Botanic Garden were made by R. S. §§ 1832, 1833, post, §§ 3418, 3419, and Act June 25, 1910, c. 384, § 9, post, § 231, and for accounts of public property in the buildings occupied by the Executive Departments, by R. S. § 197, post, § 280.

§ 106. (R. S. § 73.) Door-keepers' duties.

The Door-keepers of the Senate and House of Representatives shall perform the usual services pertaining to their respective offices during the session of Congress, and shall in the recess, under the

direction of the Secretary of the Senate and Clerk of the House of Representatives, take care of the apartments occupied by the respective Houses, and provide fuel and other accommodations for their subsequent session.

Act April 12, 1792, c. 20, 1 Stat. 252.

Provisions as to the duties of officers of the House of Representatives in regard to the preparation of the roll and organization of the succeeding House were made by R. S. §§ 31-33, ante, §§ 30-32.

§ 107. (Act March 3, 1887, c. 392, § 1.) Purchases of stationery and materials for folding.

Purchases of stationery and materials for folding shall be made in accordance with sections, sixty-five, sixty-six, sixty-seven, sixtyeight, and sixty-nine, of the Revised Statutes of the United States: Provided further, That all contracts and bonds for purchases made under the authority of this act shall be filed with the Committee to Audit and Control the Contingent Expenses of the Senate or the Committee on Accounts of the House of Representatives respectively. (24 Stat. 596.)

These were provisions of the legislative, executive, and judicial appropriation act for the fiscal year 1888, cited above.

R. S. §§ 65-69, mentioned therein, are set forth ante, §§ 91-95.

The Door-keepers of the two Houses were required to provide fuel by R. S. $ 73, ante, § 106.

Provisions for inspection of fuel purchased for the public service in the District of Columbia were contained in R. S. §§ 3711-3713, post, §§ 6838-6840. The requirement of Rev. St. § 3743, as amended by Act July 31, 1894, c. 174, § 18, post, § 6894, as to the filing of contracts in the offices of the Auditors of the Treasury, did not apply to the existing laws in regard to the contingent funds of Congress.

(R. S. § 74. Stricken out.)

This section, relating to mileage to officers or others executing any precept or summons of either House, was stricken out, as one of the amendments made by Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 317.

(R. S. § 75. Superseded.)

This section provided for editing and indexing portions of the documents accompanying the annual reports of the Departments, suitable for popular distribution. It was superseded by the re-enactment, in substance, of its provisions in the Printing and Binding Act of Jan. 12, 1895, c. 23, § 73, par. 44, post, § 7089.

(R. S. § 76. Superseded.)

This section prohibited any payment from the contingent fund of either House of Congress, unless sanctioned by a specified committee of such House. It was superseded by the re-enactment, in substance, of its provisions, in Act Oct. 2, 1888, c. 1069, § 1, post, § 109.

§ 108. (Act March 3, 1879, c. 183, § 1.) Payments from contingent fund of Senate for expenses of committees, and vouchers therefor.

When any duty is imposed upon a committee of the Senate involving expenses which are ordered to be paid out of the contingent fund of the Senate, upon vouchers to be approved by the chairman of the committee charged with such duty, the receipt of the chairman of such committee for any sum paid to him or his order out of said contingent fund by the Secretary of the Senate shall be taken and passed by the accounting officers of the Treasury as a full and sufficient voucher; but it shall be the duty of such chairman, as soon as practicable, to furnish vouchers in detail for the disbursement of such moneys to the Secretary of the Senate, who shall file them with the accounting officers aforesaid. (20 Stat. 419.)

This was a provision of the deficiency appropriation act for the fiscal year 1879, cited above. Subsequent general provisions relating to payments from the contingent funds of both Houses, contained in Act Oct. 2, 1888, c. 1069, § 1, are set forth post, § 109.

§ 109. (Act Oct. 2, 1888, c. 1069, § 1.) Payments from contingent funds of Senate and House of Representatives, and vouchers therefor.

Hereafter no payment shall be made from the contingent fund of the Senate unless sanctioned by the Committee to Audit and Control the Contingent Expenses of the Senate, or from the contingent fund of the House of Representatives unless sanctioned by the Committee on Accounts of the House of Representatives. And hereafter payments made upon vouchers approved by, the aforesaid respective committees shall be deemed, held, and taken, and are hereby declared to be conclusive upon all the departments and officers of the Government: Provided, That no payment shall be made from said contingent funds as additional salary or compensation to any officer or employé of the Senate or House of Representatives. (25 Stat. 546.)

This was a provision of the sundry civil appropriation act for the fiscal year 1889, cited above. Subsequent provisions for the appointment of a temporary Committee on Accounts of the House of Representatives, and for the conclusiveness of payments made upon vouchers approved by the committee on Accounts of the House, contained in Act March 2, 1895, c. 177, § 1, and Act March 4, 1911, c. 240, are set forth post, §§ 110, 111.

A previous provision for payments for monuments to deceased Senators or Members of the House of Representatives interred in the Congressional Cemetery, from the contingent fund of the House to which the deceased belonged, was made by Act May 23, 1876, c. 103, ante, § 55.

Previous provisions for payments from the contingent fund of the Senate for expenses of committees, contained in Act March 3, 1879, c. 183, § 1, are set forth ante, § 108.

Further restrictions on expenditure of appropriations for contingent expenses of either House of Congress were imposed by R. S. § 3680, and by a provision of Act Feb. 14, 1902, c. 17, post, § 6780.

The provision of R. S. § 3743, as amended by Act July 31, 1894, c. 174, § 18, post, § 6894, requiring contracts necessitating the advance of money, or in any manner connected with the settlement of public accounts, to be deposited in the offices of the Auditors of the Treasury, are not applicable to existing laws relating to the contingent funds of Congress, by said section.

All public accounts were required to be settled in the Treasury Department by R. S. § 236, post, § 368.

§ 109a. (Act July 16, 1914, c. 141, § 1.) Repeal of Senate resolutions authorizing payment from contingent fund for clerical and messenger service.

All Senate resolutions passed prior to July first, nineteen hundred and fourteen, authorizing the payment for clerical and messenger services from the contingent fund of the Senate are hereby repealed. (38 Stat. 456.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1915, cited above.

§ 109b. (Act July 16, 1914, c. 141, § 1.) Payment from moneys of House of Representatives of certain bills for barber shops, unlawful.

Hereafter it shall be unlawful for the Clerk of the House to pay out of any moneys of the House of Representatives any bills for laundry, furniture, supplies, or utensils used in the barber shops of the House Office Building or the House side of the Capitol. (38 Stat. 462.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1915, cited above.

§ 110. (Act March 2, 1895, c. 177, § 1.) Temporary Committee on Accounts of House of Representatives to approve payments from contingent fund.

The Speaker of the House of Representatives of the Fifty-third Congress shall, before the expiration of his term of service, appoint from among the Representatives-elect to the Fifty-fourth Congress a temporary committee on accounts, of three members,