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been sworn in as a member, or until such contest shall be determined," was repealed by a provision of Act March 3, 1875, c. 130, § 1, last cited above. The certificate of the Speaker, referred to in this section, was provided for by R. S. § 47, post, $ 49.

§ 41. (R. S. § 39.) Salary payable monthly after taking oath. Each member and delegate, after he has taken and subscribed the required oath, is entitled to receive his salary at the end of each month.

Res. March 29, 1867, No. 18, 15 Stat. 24.

§ 42. (R. S. § 40.) Deductions for absence.

The Secretary of the Senate and Sergeant-at-Arms of the House, respectively, shall deduct from the monthly payments of each member or delegate the amount of his salary for each day that he has been absent from the Senate or House, respectively, unless such member or delegate assigns as the reason for such absence the sickness of himself or of some member of his family.

Act Aug. 16, 1856, c. 123, § 6, 11 Stat. 49.

§ 43. (R. S. § 41.) Deductions for withdrawal from seat.

When any member or delegate withdraws from his seat and does not return before the adjournment of Congress, he shall, in addition, to the sum deducted for each day, forfeit a sum equal to the amount which would have been allowed by law for his traveling expenses in returning home; and such sum shall be deducted from his compensation, unless the withdrawal is with the leave of the Senate or House of Representatives respectively.

Res. July 17, 1862, No. 68, § 2, 12 Stat. 628.

§ 44. (R. S. § 42.) Deductions for books.

When any book is ordered to and received by any member or delegate, by a resolution of either or both Houses of Congress, the price paid for the same shall be deducted from the compensation of such member or delegate; except books ordered to be printed by the Congressional Printer during the Congress for which the member or delegate was elected.

Act Aug. 16, 1856, c. 123, § 5, 11 Stat. 49.

Provisions for the distribution, to members of Congress and others, of public documents printed at the Government Printing Office, are collected under Title XLV, "Public Printing, Advertisements, and Public Documents.”

The Congressional Printer was designated as the Public Printer by Act July 31, 1876, c. 246, 19 Stat. 102, and Act Jan. 12, 1895, c. 23, § 17, post, § 6791.

§ 45. (R. S. § 43.) Newspapers.

No member or delegate is entitled to any allowance for newspapers.

Act Feb. 12, 1868, c. 8, § 1, 15 Stat. 35.

§ 46. (R. S. § 44.) Postage.

No compensation or allowance shall now or hereafter be made to Senators, Representatives, or Delegates on account of postage.

Act Jan. 31, 1873, c. 82, 17 Stat. 421.

Provisions authorizing the Vice-President, Senators, Representatives, and Delegates in Congress, the Secretary of the Senate, and the Clerk of the House of Representatives to send and receive through the mail all public documents printed by order of Congress, and granting to the Vice-President, members and

COMP.ST.'13-2

(17)

members-elect of, and Delegates and Delegates-elect to, Congress the franking privilege for correspondence, are collected under Title XLVI, "The Postal Service," c. 4, post, §§ 7378, 7379.

§ 47. (R. S. § 45.) Salary in lieu of all allowances, except traveling.

The compensation of Senators, Representatives, and Delegates, as prescribed in section thirty-five, shall be in lieu of all pay and allowance, except actual individual traveling expenses from their homes to the seat of government and return, by the most direct route of usual travel, once for each session of the House to which such Senator, Representative, or Delegate belongs, to be certified under his hand to the disbursing officer and filed as a voucher.

Act March 3, 1873, c. 226, § 1, 17 Stat. 486.

The repeal, by Act Jan. 20, 1874, c. 11, 18 Stat. 4, of so much of Act March 3, 1873, c. 226, § 1, incorporated in part in R. S. §§ 35, 45, and in other sections of this chapter, as provided for the increase of the compensation of Senators, Representatives, and Delegates in Congress, and the further provision of Act Jan. 20, 1874, c. 11, that their salaries, compensation, and allowances should be as fixed by the laws in force at the time of the passage of said act of March 3, 1873, c. 226, § 1, operated as a repeal of so much of this section as provided for the payment to Senators, Representatives, and Delegates of "actual individual traveling expenses from their homes to the seat of government and return, by the most direct route of usual travel, once for each session of the House to which such Senator, Representative, or Delegate belongs," and restored, as the law previously in force on the subject, the provision of Act July 28, 1866, c. 296, § 17, ante, § 35, which fixed the compensation of each Senator, Representative, and Delegate at $5,000 per annum, "and in addition thereto mileage at the rate of twenty cents per mile, to be estimated by the nearest route usually traveled in going to and returning from each regular session." The rate of compensation per annum was increased to $7,500 by Act Feb. 26, 1907, c. 1635, § 4, ante, § 36.

§ 48. (R. S. § 46.) Mode of payment.

The compensation of members and delegates shall be passed as public accounts, and paid out of the public Treasury.

Act Jan. 22, 1818, c. 5, § 3, 3 Stat. 404. Act Feb. 10, 1854, c. 11, § 1, 10 Stat. 267.

Provisions for disbursement of compensation of Senators by the Secretary of the Senate were made by R. S. § 56, post, § 80; of compensation of members of the House and Delegates by the Sergeant-at-Arms of the House, by Act Oct. 1, 1890, c. 1256, §§ 1, 3, post, §§ 98, 100; and, in case such disbursements cannot be lawfully made by or through the officers specially charged therewith, they may be made by the Treasurer of the United States, under Act June 22, 1882, c. 236, post, § 479.

§ 49. (R. S. § 47.) Certificate of salary and accounts.

The salary and accounts for traveling expenses in going to and returning from Congress of Senators shall be certified by the President of the Senate, and those of Representatives and Delegates by the Speaker of the House of Representatives.

Act July 28, 1866, c. 296, § 17, 14 Stat. 323. Act Jan. 22, 1818, c. 5, § 3, 3 Stat. 404.

By a proviso annexed to Act July 28, 1866, c. 296, § 17, ante, § 35, which was incorporated into this section of the Revised Statutes, and was restored to force by Act Jan. 20, 1874, c. 11, as stated in the note to R. S. § 45, ante, § 47, "mileage accounts of Senators shall be certified by the President of the Senate, and those of Representatives and Delegates by the Speaker of the House of Representatives."

The Speaker was authorized to designate a substitute to sign for him all

certificates required by this section, by a provision of Res. Nov. 12, 1903, No. 1, post, § 52.

§ 50. (R. S. § 48.) Effect of certificate.

The certificate given pursuant to the preceding section shall be conclusive upon all the Departments and officers of the Government. Act Sept. 30, 1850, c. 90, § 1, 9 Stat. 523.

§ 51. (Act Aug. 15, 1876, c. 287, § 1.) Certificate of salary of Representatives during recess of Congress.

The Clerk of the House of Representatives is authorized and directed to sign, during the recess of Congress after the first session and until the first day of the second session, the certificates for the monthly compensation of members and delegates in Congress, which certificates shall be in the form now in use, and shall have the like force and effect as is given to the certificate of the Speaker. (19 Stat. 145.)

This was a provision accompanying an appropriation for compensation of the officers, etc., in the service of the House, in the legislative, executive, and judicial appropriation act for the fiscal year 1877, cited above.

§ 52. (Res. Nov. 12, 1903, No. 1.) Substitute for Speaker to sign certificates for salary and accounts.

The Speaker is authorized to designate from time to time some one from among those appointed by him and appropriated for and employed in his office, whose duty it shall be under the direction of the Speaker to sign in his name and for him all certificates required by section forty-seven of the Revised Statutes for salary and accounts for traveling expenses in going to and returning from Congress of Representatives and Delegates. (33 Stat. 1.)

§ 53. (R. S. § 49.) Pay of member dying after commencement of a Congress.

When any person who has been elected a member of or delegate in Congress dies after the commencement of the Congress to which he has been elected, his salary shall be computed and paid to his widow, or, if no widow survive him, to his heirs at law, for the period that has elapsed from the commencement of such Congress, or from the last payment received by him to the time of his death, at the rate of seven thousand five hundred dollars a year, with any traveling expenses remaining due for actually going to or returning from any session of Congress.

Res. March 3, 1859, No. 14, § 1, 11 Stat. 442.

As to the rate of compensation of members and delegates, and payment to them of mileage instead of actual traveling expenses, see note to R. S. § 35, ante, § 34, and the provisions of Act July 28, 1866, § 17, and Act Feb. 26, 1907, c. 1635, § 4, ante, §§ 35, 36.

§ 54. (R. S. § 50.) Limits of the rule.

Salaries allowed under the preceding section shall be computed and paid, in all cases, for a period of not less than three months from the commencement of the Congress.

Res. March 3, 1859, No. 14, § 1, 11 Stat. 442.

§ 55. (Act May 23, 1876, c. 103.) Monuments to deceased Senators or members of House of Representatives interred in Congressional Cemetery.

Hereafter whenever any deceased Senator or Member of the House of Representatives shall be actually interred in the Congressional Cemetery, so-called, it shall be the duty of the Sergeantat-Arms of the Senate, in the case of a Senator, and of the Sergeant-at-Arms of the House of Representatives, in the case of a member of the House, to have a monument erected, of granite, with suitable inscriptions, and the cost of the same shall be a charge upon and paid out either from the contingent funds of the Senate or of the House of Representatives, to whichever the deceased may have belonged, and any existing omissions of monuments or inscriptions, as aforesaid, are hereby directed and authorized to be supplied in like manner, and all laws upon the subject of monuments in the Congressional Cemetery are hereby repealed. (19 Stat. 54.)

This was an act entitled "An act relating to interments in the Congressional Cemetery."

§ 56. (R. S. § 51.) Pay of members elected to fill vacancies.

Whenever a vacancy occurs in either House of Congress, by death or otherwise, of any member or delegate elected or appointed thereto after the commencement of the Congress to which he has been elected or appointed, the person elected or appointed to fill it shall be compensated and paid from the time that the compensation of his predecessor ceased.

Res. July 12, 1862, No. 54, 12 Stat. 624.

Salaries of Senators elected or appointed to fill vacancies are to commence on the date of election or appointment, by a subsequent provision of Act July 31, 1894, c. 174, § 1, post, § 57. This section continues applicable to members and delegates elected or appointed to the House of Representatives.

§ 57. (Act July 31, 1894, c. 174, § 1.)

or appointed to fill vacancies.

Salaries of Senators elected

The salaries of Senators elected or appointed to fill vacancies in the Senate and of Senators elected for a full term subsequent to the commencement of such term, shall commence on the date of their election or appointment. (28 Stat. 162.)

This was a proviso annexed to the appropriation for compensation of Senators in the legislative, executive, and judicial appropriation act for the fiscal year 1895, cited above.

CHAPTER FIVE

Officers and Persons in the Employ of the Senate and House of Representatives

In this chapter of the Revised Statutes, sections 52 and 53 thereof contained lists of officers and employés of the Senate and House of Representatives, respectively, with the amount of the salary of each. The officers, clerks, and other employés so enumerated were those who, at the time of the compilation of the Revised Statutes, were in the service of the two Houses, as authorized by the legislative, executive, and judicial appropriation act for that year, Act March 3, 1873, c. 226, § 1, 17 Stat. 486, and the salaries were at the rates

Sec.

of compensation prescribed by that act, the provisions of which were thus incorporated into R. S. §§ 52, 53. But the amounts of such salaries had been increased, over the rates of compensation under the laws previously in force, by said Act March 3, 1873; and its provisions for such increase were repealed, and the salaries, etc., as fixed by the laws in force at the time of its passage were restored, by Act Jan. 20, 1874, c. 11, 18 Stat. 4. Thereby, although said repealing act was passed before the enactment of the Revised Statutes, the provisions of R. S. §§ 52, 53, as to amounts of salaries, were repealed, by virtue of R. S. § 5601, post, § 10598.

In the annual appropriation acts subsequent to the Revised Statutes, the subordinate officers and employés provided for, from year to year, and their rates of compensation, vary from those enumerated in R. S. §§ 52, 53. Hence, although those sections have not been specifically repealed or amended, nor even superseded by any legislation of a permanent character, their provisions for such subordinate positions may be regarded as no longer in force for any practical purpose, and are therefore omitted.

The officers, clerks, and others actually appointed or employed in the service of the Senate and House of Representatives, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following. The provisions for the fiscal year 1914 were by Act March 4, 1913, c. 142, 37 Stat. 739-746.

Some special provisions for particular officers or employés, which are repeated from year to year, but not enacted in permanent form, are referred to in the notes to R. S. §§ 52, 53, post, §§ 58, 59.

Provisions of a more permanent nature, relating to the duties, services, and compensation of officers, clerks, and employés of the two Houses, and of clerks, etc., to Senators and Representatives, are set forth in this chapter.

A document room and a folding room of each of the two Houses, and the appointment of a superintendent to be in charge of each of them, and of the necessary number of assistants, were provided for by the Printing and Binding Act of Jan. 12, 1895, c. 23, §§ 60, 71, post, §§ 7037, 7050.

58. Officers and employés of Senate. 59. Officers and employés of House of Representatives.

60. Limit of compensation of Sergeant-at-Arms and Door-keeper

of Senate.

61. Limit of compensation of Sergeant-at-Arms of House of Representatives.

62. Limit of compensation of officers and employés of Senate to rate provided.

63. Subletting duties of employés forbidden.

64. Performance of duties by employés of House of Representatives.

65. Division of salaries, etc., of employés of House of Representatives forbidden.

66. Subletting of duties of employés of House of Representatives forbidden.

67. Limit of age of pages in House of Representatives.

68. Officers' certificates to pay rolls of employés in House of Representatives.

Sec.

69. Violation of foregoing provisions
cause for removal from office.
70. Inquiry by Committee on Ac-
counts of House of Representa-
tives into enforcement of fore-
going provisions, and report
thereon.

71. Compensation of clerks to commit-
tees whose salaries are not fixed
by specific appropriations.
72. Time of beginning of compensa-
tion of clerks to committees of
House of Representatives em-
ployed during session only.

73. Janitors to committees of House
of Representatives; appointment;
duties; removal.

74. Clerks to Senators.
75. Clerks to Members and Delegates
of House of Representatives.
76. Clerks to Members of House of
Representatives.

77. Reporters for House of Represen-
tatives.

78. Pay of official reporters.

79. Chaplains' salaries.

80. Secretary of the Senate a disbursing officer.

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