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SECTION II

STATUTES 21-43, FISCAL YEARS 1880-1926 The Appropriations Act of June 15, 1880, for the fiscal year ending June 30, 1881, provided for the Capitol Police: one captain, $1,600; 3 lieutenants, $1,200 each, 21 privates, $1,100 each; and 8 watchmen, $900 each, for a total of $35,500, one-half to be deposited in the contingent fund of the Senate and the other half in the contingent fund of the House. There was also $100 appropriated for the Capitol Police contingent fund. There was no money specifically appropriated for the special policeman in the Senate. The total force consisted of 33.

The Appropriations Act of March 3, 1881, for the fiscal year ending June 30, 1882, provided for the same salaries for a force of 33 ($35,500), and $100 for the contingent fund of the Capitol Police 2

The Deficiency Appropriations Act of March 3, 1881, for fiscal year ending June 30, 1881, provided $3,056.40 to the Secretary of the Senate to reimburse the Capitol Police for the uniforms and equipment they were required to buy. This amount was equal to one month's pay at the rate of compensation "now paid to each of them." 3

In the census of 1880, the population of the United States was more than 50 milllion-an increase of 33 million in 40 years. There was also a steady increase in the number of visitors to the Capitol grounds. In order to prevent disturbances and preserve and protect the Capitol grounds, a new law was enacted, on July 1, 1882, to regulate the use of the Capitol grounds. The Act prohibited public travel except on the roads and walkways; roads could not be blocked; the sales of articles were prohibited, and it was forbidden to injure in any statues, trees, turf, seats or shrubs. It was also forbidden to discharge any firearms, fireworks, or explosives. Parades, assemblages, public oratory, or the display of any flag, banner or device calling attention to any organization or movement was prohibited.

Section 8, 9, 10, and 11 of the Act pertained to the duties of the Capitol Police, as well as how national occasions and celebrations were to be conducted, to this extent:

Sec. 8. That it shall be the duty of all policemen and watchmen having authority to make arrests in the District of Columbia to be watchful for offenses against this act, and to arrest and bring before the proper tribunal those who shall offend against if under their observation, or of whose offenses they shall be advised by wit

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1 21 Stat. 210, 212. 2 21 Stat. 385, 387.

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Sec. 9. That it shall be the duty of all persons employed in the Service of the government in the Capitol or on its grounds to prevent, as far as may be in their power offenses against this act, and to aid the police, by information or otherwise, in securing the arrest and conviction of offenders.

Sec. 10. That in order to admit of the due observance within the Capitol Grounds of occasions of national interest becoming the cognizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives, acting concurrently, are hereby authorized to suspend for such proper occasions so much of the above Prohibitions as would prevent the use of roads and walks of the said grounds by processions or assemblages, and the rise upon them of suitable decorations, music, addresses, and ceremonies: Provided, That responsible officers shall have been appointed, and arrangements determined adequate, in the judgment of said President of the Senate and Speaker of the House of Representatives, for the maintenance of suitable order and decorum in the proceedings, and for guarding the Capitol and its grounds from injury.

SEC. 11. That in the absence from Washington of either of the officers designated in the last section the authority therein given to suspend certain prohibitions of this act shall devolve upon the other, and in the absence from Washington of both it shall devolve upon the Capitol police commission (sic).

Section 7 of the Act stated: “That offenses against this act shall be triable before the police court of the District of Columbia, and shall be punishable by fine or imprisonment, or both, at the discretion of the judge of said court.

A joint resolution of July 7, 1882 authorized and directed the Capitol Police Board to: place upon the roll of the Capitol Police, as an additional member thereof, Humphrey H. Lemon, formerly belonging to said force, who was maimed for life while in the discharge of his duties, and that when appointed under the authority of this Resolution the said Humphrey H. Lemon be assigned to the duty now performed by him as a watchman in the dome of the Capitol.5 (Also see infra 22 Stat. 337.)

The regular Appropriations Act of August 5, 1882, for the fiscal year ending June 30, 1883, provided for the same salaries for a force of 33 ($35,500), but, for the first time, provided that one-half was to disbursed by the Secretary of the Senate and the other half by the Clerk of the House. The Act also provided $100 for the Capitol Police contingent fund. 6

The Deficiency Appropriations Act, also signed into law on August 5, 1882, for the fiscal year ending June 30, 1882, and prior years, provided:

To enable the Secretary of the Senate to pay to Joseph McGuckian the difference between his pay as special policeman in the office of the Secretary of the Senate and that of a messenger of the Senate of the United States from July first, 1879, to June thirtieth, 1880, one hundred and forty-four dollars, he having performed the duties of a messenger during that period. To enable the Secretary of the Senate to pay to Daniel O'Neill for 45 days' services as a watchman on the Capitol Police force, $112.50.?

The first time the Capitol Police Board was authorized to expend money was in the Appropriations Act of August 7, 1882, for fiscal year ending June 30, 1883, for sundry and civil expenses of the Government, as follows:

That the Sergeant at Arms of the Senate, the Sergeant at Arms of the House of Representatives and the Architect of the Capitol Extension, constituting the Capitol Police Board, shall furnish uniforms for the Capitol policemen and watchmen, and

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4 22 Stat. 126, 127. 5 22 Stat. 745. 6 22 Stat. 219, 221.

for that purpose the sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated.

The Act also provided the following: To pay salary of Humphrey H. Lemon, an additional Capitol policeman, author. ized by Joint Resolution approved July 7, 1882, $1,100, or so much thereof as may be necessary.8 (Also see supra 22 Stat. 745.)

The Appropriations Act of March 3, 1883, for the legislative, executive, and judicial expenses for the government for the fiscal year ending June 30, 1884, provided for the salaries of the Capitol Police: 1 captain, $1,600; 3 lieutenants, $1,200 each; 22 privates, $1,100 each; and 8 watchmen, $900 each; for a total of $36,000, onehalf to be disbursed by the Secretary of the Senate and the other half to be disbursed by the Clerk of the House. The contingent fund of the Capitol Police received $100.9 With the addition of the extra private, the total force was 34.

Another Appropriations Act of March 3, 1883, for sundry civil expenses of the government, for the fiscal year ending June 30, 1884, provided the following:

To enable the Acting Secretary of the Senate and the Clerk of the House to pay the officers and employees of the Senate and House of Representatives respectively borne on the annual and session rolls on the 3rd day of March, 1883, one month's extra pay at the rate of compensation then paid them by law, which sum shall be immediately available. 10

The Capitol Police were not included in the aforenoted Act. Consequently, the following Joint Resolution of March 3, 1883 was passed:

[That] the Clerk of the House be, and is hereby, authorized and directed to pay to all those of the Capitol Police on the roll July 1, 1882, one month's extra pay, at the same compensation now paid them by law; and an amount sufficient to pay the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, the same to be made immediately available. 11

The Appropriations Act of July 7, 1884, for fiscal year ending June 30, 1885, provided the same salaries ($36,600) and contingent fund money ($100) 12 as the Appropriations Act of March 3, 1883. (See supra 22 Stat. 531, 534.)

The Deficiency Appropriations Act of July 7, 1884, for fiscal year ending June 30, 1884, and prior years, authorized the Capitol Police Board to: expend a sum not exceeding two hundred and twenty eight dollars for payment of uniforms furnished to the watchmen on the Capitol grounds, the same to be paid out of money unexpended of the amount appropriated for uniforms for the Capitol police and watchmen in an act providing for sundry civil expenses, approved August seventh, eighteen hundred and eighty two 13 (See supra 22 Stat. 302, 337.)

The Appropriation Act of March 3, 1885, for fiscal year ending June 30, 1886, provided salaries amounting to $36,600 for a force of 34, and $100 for the Capitol Police contingent fund. 14

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8 22 Stat. 302, 337.
922 Stat. 531, 534.
10 22 Stat. 603, 632. (see infra 36 Stat. 118, 127.)

11 22 Stat. 644. For discussion and debate on this joint resolution (H. Res. 281) please see Congressional Record, 47th Cong. 2d Sess. v. 14, Pt. 4, March 3, 1883; 3700, 3704, 3772, 3776.

12 23 Stat. 159, 162. 13 23 Stat. 236, 251.

The Deficiency Appropriation Act of March 3, 1885, for fiscal year ending June 30, 1885 provided for the Secretary of the Senate and the Clerk of the House to pay to the officers and employees of their respective Houses, who were on the payroll as of March 3, 1885, including the Capitol Police, 1 month's extra pay at the compensation then paid them by law : . ..15

In preparation for the inauguration of President Grover Cleveland on March 4, 1885, the following Resolution was introduced in the Senate on February 12, 1885:

. . That a committee of three Senators be appointed by the President of the Senate to make the necessary arrangements for the inauguration of the Presidentelect of the United States on the 4th day of March next. The Resolution was considered by unanimous consent, and agreed to. The President pro tempore subsequently appointed Senators Sherman, Hawley and Ransom as the Committee on Arrangements. 16

On February 16, 1885, Senator Allison introduced S. Res. 125, to provide for the expenses of the inauguration ceremonies on the 4th day of March, 1885. It was read twice by its title, and referred to the Committee on Appropriations. 17

Senator Allison, instructed by the Committee on Appropriations, reported S. Res. 125 to the Senate (on February 19, 1885) with an amendment in the nature of a substitute:

That to defray the expenses incurred under the Resolutions of the Senate of February 12, 1885, directing a committee of three Senators to make the necessary arrangements for the inauguration of the President-elect of the United States on the 4th day of March 1885, the sum of $2,500, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be expended under the direction of said committee. And said committee is hereby authorized to have any necessary printing done at the Government Printing Office. The title was amended to read: “A Joint Resolution providing for the expenses of the inauguration ceremonies on the 4th day of March, 1885." The amendment was agreed to and passed.18

The day after the inauguration, Senator Sherman submitted the following Resolution; which was considered by unanimous consent, and agreed to:

. . That the necessary expenses of the recent inaugural ceremonies be paid out of the contingent fund of the Senate, subject to the approval of the Committee on Contingent Expenses. 19

At this time, nothing further, regarding itemized inauguration expenses appeared of record. It was found, however, that the Deficiency Appropriations Act of August 4, 1886 (1 year and 5 months later), for fiscal year ending June 30, 1886, and prior years, included the amount of $189 for 21 special policemen hired for March 3, 4, and 5, 1885, each of whom was paid $9.00 for 3 days.20

15 23 Stat. 446, 469.
16 Congressional Record. 48th Cong. 2d Sess. v. XVI, February 12, 1885: 1548.
17 Congressional Record. 48th Cong. 2d Sess. v. XVI, February 16, 1885: 1730.
18 Congressional Record. 48th Cong. 2d Sess. v. XVI, February 19, 1885: 1870.
19 Congressional Record. 49th Cong. 1st Sess. v. XVII, March 5, 1885: 3.

20 24 Stat. 256, 286. The men were: J.C. Witel, M. Rea, J.T. Johnson, P.P. Finigan, S.C. Wailes, Jed Gittings, W.J. Johnson, V.B. Sharpe, E.T. Bynum, N.J. Coffin, Alex Green, J.E. Clifford, C.F. Holbrook, R.L. Cooper, G.W. Price, J.H. Davis, J.W. Pettit, J.H. Houston, Asa Gardner, Asa P.

The Appropriations Act of July 31, 1886, for the fiscal year ending June 30, 1887, and the Appropriations Act of March 3, 1887, for the fiscal year ending June 30, 1888, both provided, for the respective fiscal years, for the Capitol Police: 1 captain, $1,600; 3 lieutenants, $1,200 each; 22 privates, $1,100 each; and 8 watchmen, $900 each, for a total of $36,600, one-half to be disbursed by the Secretary of the Senate and the other half to be disbursed by the Clerk of the House of Representatives. For the Capitol Police contingent fund, $100.21 The total force remained at 34.

The Appropriations Act of July 11, 1888, for fiscal year ending June 30, 1889, provided $36,600 for Capitol Police salaries for a force of 34, and $100 for the Capitol Police contingent fund.22

The Appropriations Act of February 26, 1889, for fiscal year ending June 30, 1890, provided the same salaries for the Capitol Police force of 34, as the Appropriations Acts of March 3, 1887 and July 11, 1888, including $100 for the Capitol Police contingent fund. 23

The Deficiency Appropriations Act of March 2, 1889, for fiscal year ending June 30, 1889, and for prior years, authorized the Secretary of the Senate and the Clerk of the House of Representatives to pay to the officers and employees of the Senate and House who were on the rolls on the 20th day of October, 1888, including the Capitol Police, . . . a sum equal to one month's pay at the compensation then paid them for extra services during the 50th Con

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gress. 24

The Appropriations Act of July 11, 1890, for fiscal year ending June 30, 1891, continued to provide salaries in the amount of $36,600 for the Capitol Police force of 34 and $100 for the Capitol Police contingent fund. 25

The Deficiency Appropriations Act of March 3, 1891, for fiscal year ending June 30, 1891, and for prior years, authorized the Secretary of the Senate and the Clerk of the House of Representatives to pay to the officers and employees of the Senate and House who were on the rolls on both the first day of October 1890 and the third day of March 1891, including the Capitol Police, . . . for extra services during the 51st Congress, a sum equal to one month's pay at the compensation then paid them by law.. ..26

Enlargement of the Capitol in 1890–1891 resulted in passage of the March 3, 1891 Appropriations Act, for the fiscal year ending June 30, 1892,27 which provided for 2 additional privates at $1,100 each, “on account of the necessity for a force to look after the Capitol because of the completion of the terraces and the corresponding committee rooms." 28 This brought the total force to 36, and

21 24 Stat. 172, 174, 594, 597.
22 25 Stat. 256, 258.
23 25 Stat. 705, 708.
24 25 Stat. 905, 928.
25 26 Stat. 228, 230, 231.
26 26 Stat. 862, 885, 886.
27 26 Stat. 908, 911.

28 Congressional Record. 51st Cong., 2d Sess., v. 118 Feb. 27, 1891: 3423, the Senate amended the bill to read "twenty-six” (an increase of 4) privates. The House substituted "twenty-four" (an increase of 2) privates. In conference the Senate agreed to the House language. Congressional

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