Office Building under the Sergeant at Arms: 1 special officer, $1,740; 16 privates at $1,620 each; in all, $27,660; for the police force for the House Office Building under the Sergeant at Arms: 1 lieutenant, $1,740; 19 privates at $1,620 each; in all, $32,520. For the main Capitol Police force, salaries: captain, $2,460; 3 lieutenants at $1,740 each; 2 special officers at $1,740 each; 3 sergeants at $1,680 each; 44 privates at $1,620 each; one-half of the privates to be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House; in all, $87,480. For contingent expenses $200. For purchasing and supplying uniforms and motorcycles to Capitol Police, $6,750, to be immediately available. Onehalf of the foregoing amounts for the main Capitol Police force to be disbursed by the Secretary of the Senate and one-half by the Clerk of the House. 10 The total appropriations for the Capitol Police, including contingent expenses, money for uniforms and motorcycles amounted to $154,610. The total Capitol Police force remained at 90.

The Legislative Branch Appropriations Act of February 20, 1931, for the fsical year ending June 30, 1932, provided for the Capitol Police: police force for the Senate Office Building under the Sergeant at Arms: 1 special officer, $1,740; 16 privates at $1,620 each; in all $27,660; police force for the House Office Building under the Sergeant at Arms: 1 lieutenant, $1,740; 19 privates at $1,620 each; in all, $32,520. For the main Capitol Police force, salaries: captain, $2,460; 3 lieutenants at $1,740 each; 2 special officers at $1,740 each; 3 sergeants at $1,680 each; 44 privates at $1,620 each; onehalf of the privates to be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House; in all, $87,480. For contingent expenses $200. For purchasing and supplying uniforms and motorcycles to Capitol Police, $6,750, to be immediately available. One-half of the foregoing amounts for the main Capitol Police force to be disbursed by the Secretary of the Senate and one-half by the Clerk of the House. 11 The total appropriations for the Capitol Police, including contingent expenses, money for uniforms and motorcycles amounted to $154,610. The total Capitol Police force remained at 90.

On January 9, 1931, the following concurrent resolution (S. Con. Res. No. 34) was passed, as follows:

Resolved by the Senate (the House of Representatives concurring), [T]hat there shall be paid out of the contingent funds of the Senate and House of Representatives to the executor of the estate under the will of Napolean B. Hearn, late an employee of the Capitol Police, a sum equal to six months of his compensation as such employee, one-half of said sum to be paid by the Senate and one-half by the House, and an additional amount, not exceeding $250, to defray the funeral expenses of said Napolean B. Hearn, shall be paid by the House.12

The Legislative Branch Appropriations Act of June 30, 1932, for the fiscal year ending June 30, 1933 provided the following for the Capitol Police: police force for the Senate Office Building under the Sergeant at Arms: 1 special officer, $1,740; 16 privates at $1,620 each; in all, $27,660; police force for House Office Building under the Sergeant at Arms: 1 lieutenant, $1,740; 19 privates at $1,620

10 46 Stat. 504, 507, 509, 512.

11 46 Stat. 1174, 1177, 1180, 1182.

each; 1 sergeant at the rate of $1,680 per annum, and 12 privates at the rate of $1,620 per annum each, from December 1, 1932 to June 30, 1933, inclusive; in all, $44,840. For the main Capitol Police force, salaries: captain, $2,460; 3 lieutenants at $1,740 each; 2 special officers at $1,740 each; 3 sergeants at $1,680 each, 44 privates at $1,620 each; one-half of the privates to be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House; in all $87,480. For contingent expenses, $200. For purchasing and supplying uniforms and motorcycles to Capitol Police, $7,750. One-half of the foregoing amounts for the main Capitol Police force to be disbursed by the Secretary of the Senate and onehalf by the Clerk of the House. 13 The total appropriations for the Capitol Police, including contingent expenses, money for uniforms and motorcycles amounted to $167,930. With the addition of 1 sergeant and 12 privates for six months to the House detail, the total force was 103.

Part II, Title I, of the same Act, Furlough of Federal Employees, Sec. 101(b) provided:

Each officer or employee receiving compensation on an annual basis at the rate of more than $1,000 per annum shall be furloughed without compensation for one calendar month, or for such periods as shall in the aggregate be equivalent to one calendar month, for which latter purpose twenty-four working days (counting Saturday one-half day) shall be considered as the equivalent of one calendar month . . . . 14

a

Sec. 104(a) supplied the following definitions:

The terms "officer" and "employee" mean any person rendering services in or under any branch or service of the United States Government or the government of the District of Columbia, but do not include (1) officers whose compensation may not, under the Constitution, be diminished during their continuance in office; (2) Senators, Representatives in Congress, Delegates, and Resident Commissioners: (3) officers and employees on the rolls of the Senate and House or Representatives;

15

Therefore, the officers and employees of the House and Senate were exempt from being furloughed. In Sec. 105(c), however, the following provisions were set forth:

The rate of compensation of any person on the rolls of the Senate or of the House of Representatives. if such compensation is at a rate of more than $1,000 per annum, is reduced by 8% per centum, except that if the rate of compensation is $10,000 or more such rate shall be reduced by 10 per centum.16

Sec. 803 of the Act stated: The provisions of Part 2 herein are hereby made applicable to the appropriations available for the fiscal year 1933, whether contained in this Act or in Acts prior or subsequent to the date of the approval of this Act.17

The reduction of the rate of compensation for the Capitol Police force did not appear in law until the Legislative Branch Appropriations Act of February 28, 1933 for the fiscal year ending June 30, 1934 (see infra 47 Stat. 1350).

Meanwhile, on December 8, 1932, a concurrent resolution was passed (S. Con. Res. No. 36) as follows:

That a joint committee consisting of three Senators and three Representatives, to be appointed by the President of the Senate and the Speaker of the House of Repre

13 47 Stat. 382, 385, 388, 390.

14 47 Stat. 399.

15 47 Stat. 400.

16 47 Stat. 401.

sentatives, respectively, is authorized to make the necessary arrangements for the inauguration of the President elect of the United States on the 4th day of March

On December 9, 1932, the Vice President appointed Senators Moses, Hale and Robinson to serve on the Joint Committee on the Inauguration, and also on December 9, 1932, the Speaker of the House of Representatives appointed Representatives Pou, Rainey and Snell to serve on the Joint Committee. 19

The Deficiency Appropriation Act of January 30, 1933, for the fiscal year ending June 30, 1933, provided the following:

To enable the Secretary of the Senate and the Clerk of the House of Representatives to pay the necessary expenses of the inaugural ceremonies of the President of the United States, March 4, 1933 in accordance with such program as may be adopted by the joint committee of the Senate and House or Representatives, appointed under a concurrent resolution of the two Houses, including the pay for extra police, fiscal year 1933, $35,000.20

The Legislative Branch Appropriations Act of February 28, 1933, for the fiscal year ending June 30, 1934, provided the following for the Capitol Police: police force for the Senate Office Building under the Sergeant at Arms: 1 special officer, $1,740; 16 privates at $1,620 each; in all, not to exceed $25,355; for the police force for the House Office Building under the Sergeant at Arms: 1 lieutenant, $1,740; 1 sergeant, $1,680; 31 privates at $1,620 each; in all not to exceed, $49,170. For the main Capitol Police force, salaries: captain, $2,460; 3 lieutenants at $1,740 each; 2 special officers at $1,740 each; 3 sergeants at $1,680 each; 44 privates at $1,620 each; one-half of the privates to be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House; in all not to exceed, $80,190. For purchasing and supplying uniforms and motorcycles to Capitol Police, and for contingent expenses, $7,750. One-half of the foregoing amounts for the main Capitol Police to be disbursed by the Secretary of the Senate and one-half by the Clerk of the House.21 There were 103 authorized positions, the same number as in the Legislative Branch Appropriations Act for the fiscal year ending June 30, 1933, which included 1 sergeant and 12 privates hired from December 1, 1932 to June 30, 1933, and shown in this Act to be permanent employees for the House Office Building(s) (the second House Office Building, now known as the Longworth Building was occupied on April 20, 1933). The total appropriations, including salaries, contingent expenses, uniforms and motorcycles amounted to $162,465.

The reductions in the above appropriations were made pursuant to Part II, Title I, Sec. 105(c) "Compensation Reductions," of the Legislative Branch Appropriations Act, for the fiscal year ending June 30, 1932 (supra 47 Stat. 401), also known as "The Economy Act of 1932."

A further economy move was made on March 20, 1933, by the passage of an Act entitled, "To Maintain the Credit of the United

18 47 Stat. 1782. (Resolutions are listed separately from the Public Acts in the Statutes at Large, thus the variance of non-consecutive page numbers).

19 Congressional Record. 72d Cong. 2d Sess. v. 76, Pt. 1, December 9, 1932: 205, 323.

20 47 Stat. 780, 781. A further search of the records did not reveal how many police were hired, how much they were paid, or how long they served.

States Government." Title I of the Act pertained to Veterans, and Title II pertained to officers and employees of the Government.

Under Sec. 3(a) the Act authorized the President to determine an index figure of the cost of living during the period ending December 31, 1932, and each six month period thereafter (using as a base the cost of living in the United States during the six month period ending June 30, 1928).

Sec. 3(b) of the Act provided:

The President shall announce by Executive order the index figure for the base period and for each subsequent period determined by him under paragraph (a) of this section. The percentage, if any, by which the cost of living index for any six months' period, as provided in paragraph (a) of this section, is lower than such index for the base period, shall be the percentage of reduction applicable under section 2(b) of this title in determining compensation to be paid during the following six months' period, or such portion thereof during which this title is in effect. . .

Sec. 4(a) of the Act provided:

The provisions of the following sections of Part II of the Legislative Appropriation Act, fiscal year 1933, are hereby continued in full force and effect during the fiscal year ending June 30, 1984, namely, sections 105 (except subsections (d) and (e) thereof)... and for the purpose of continuing such sections, in the application of such sections with respect to the fiscal year ending June 30, 1934, the figures ‘1933' shall be read as '1934'; the figures '1934' as '1935'; and the figures '1935' as '1936'.22

Sec. 4(g) of the Act read as follows:

Subsection (c) of section 105 of the Legislative Appropriations Act, fiscal year 1933, is amended to read as follows, beginning with the first day of the calendar month following the month during which this Act is enacted:

"(c) The_rate of compensation of any person on the rolls of the Senate or of the House of Representatives (other than persons included within subsection (a)), is reduced by the percentage applicable by law to employees of the Government generally.'

23

The May 29, 1933 Deficiency Appropriations Act for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1933, and June 30, 1934, provided the following: police force for Senate Office Building under the Sergeant at Arms: 15 privates at the rate of $1,620 per annum each, fiscal year 1934, $22,275. There were no other appropriations for the Capitol Police force in this Act.24 With the addition of the 15 privates for the Senate Office Building, the Capitol Police force numbered 118.

The June 16, 1933 Deficiency Appropriations Act for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1933 and June 30, 1934, provided police force for the House Office Building: 6 privates at the rate of $1,620 per annum each, fiscal year 1934, $8,910. For the main Capitol Police force: salaries: 8 privates at $1,620 per annum each, fiscal year 1934, $11,880; one-half of such privates to be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House. For purchasing and supplying uniforms and motorcycles to Capitol Police, and for contingent expenses, fiscal year 1934, $1,460. One-half of the foregoing amounts for the Capitol Police to be disbursed by the Secretary of

22 48 Stat. 13.

23 48 Stat. 15.

the Senate and one-half by the Clerk of the House.25 There were no additional appropriations for the police force of the Senate Office Building. Including the regular Appropriations Act for the fiscal year ending June 30, 1934 (supra 47 Stat. 1350) and the Deficiency Appropriations Acts of May 29, 1933 and June 16, 1933, the total appropriations, including contingent expenses, uniforms, and motorcycles amounted to $206,990. The Capitol Police force had been increased to a total of 132.

The Appropriations Act of March 28, 1934, making appropriations for the Executive Offices and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1935, and for other purposes, contained the following:

TITLE II-ECONOMY PROVISIONS

SEC. 21. (a) Title II of the Act entitled "An Act to maintain the credit of the United States Government," approved March 20, 1933, is amended as follows:

(b) Section 105 (relating to the salaries of the Vice President, Speaker of the House, Senators, Representatives, Delegates, Resident Commissioners, and persons on the rolls of the Senate or House of Representatives) of the Legislative Appropriation Act, fiscal year 1933 (except subsections (d) and (e) thereof), as continued and amended by section 4 of Title II of such Act of March 20, 1933, is hereby continued in full force and effect for the fiscal year ending June 30, 1935, the figures "1933" shall be read as "1935". . . . In the application of such section with respect to the portion of the fiscal year 1934 beginning February 1, 1934, and ending June 30, 1934, the percentage of reduction shall be the percentage applicable to officers and employees of the Federal Government generally.20

26

SEC. 21(d) of the Bill authorized the President to direct partial or complete restoration of salary cuts, and further authorized Government Agencies (including the Legislative Branch) to spend such funds for restored salaries as was necessary, regardless of the appropriations ceilings.27

The regular Appropriations Act of May 30, 1934, for the fiscal year ending June 30, 1935 provided the following for the Capitol Police: police force for the Senate Office Building under the Sergeant at Arms: 1 special officer $1,740; 31 privates at $1,620 each; in all, not to exceed $46,764; for the police force for the House Office Building under the Sergeant at Arms: 1 lieutenant, $1,740; 1 sergeant, $1,680; 37 privates at $1,620 each; in all not to exceed $57,024. For the main Capitol Police force: salaries: captain, $2,460; 3 lieutenants, at $1,740 each; 2 special officers, at $1,740 each; 3 sergeants, at $1,680 each; 52 privates, at $1,620 each; one-half of said privates to be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House; in all not to exceed $90,396. For purchasing and supplying uniforms, for maintenance and repair of motor-propelled passenger-carrying vehicles, and for contingent expenses, $9,710, of which $500 shall be immediately available for the exchange of one such vehicle. One-half of the foregoing amounts under the main Capitol Police to be disbursed by the Secretary of the Senate and one-half by the Clerk of the House.28 This is the first time, in law, that maintenance and repair of motor-propelled passenger-carrying vehicles, and the exchange therefor has been mentioned. The total appropriation including salaries, uniforms, contingent expenses, and the mainte

25 48 Stat. 274, 275.

26 48 Stat. 509, 521.

27 48 Stat. 522.