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Papers, how withdrawn from

the files.

Dec. 18, 1873.

the order of the House during the said Congress, and not reported to the House; and in the event of the failure or neglect of any clerk of a committee to comply with this rule, the Clerk of the House shall, within three days thereafter, take into his keeping all such papers and testimony.

RULE XXXIX.

WITHDRAWAL OF PAPERS.

No memorial or other paper presented to the House shall be withdrawn from its files without. its leave, and if withdrawn therefrom, certified copies thereof shall be left in the office of the Clerk; but when an act may pass for the settleWhen Clerk ment of a claim, the Clerk is authorized to transmay loan papers Department mit to the officer charged with the settlement Feb. 27, 1880. thereof the papers on file in his office relating to such claim, or may loan temporarily to any officer or Bureau of the Executive Departments any papers on file in his office relating to any matter pending before such officer or Bureau, taking proper receipt therefor.

to

officers

On ballot, majority required to elect.

RULE XL.

BALLOT.

In all other cases of ballot than for committees, a majority of the votes given shall be necessary Sept. 15, 1837. to an election, and where there shall not be such a

Apr. 7 1789

Passage and ap.

proval of bills en

and in Record.

majority on the first ballot, the ballots shall be repeated until a majority be obtained; and in all balloting blanks shall be rejected and not taken into the count in enumeration of votes or reported by the tellers.

RULE XLI.

MESSAGES.

Messages received from the Senate and the Prestered in Journal ident of the United States, giving notice of bills passed or approved, shall be entered in the Journal and published in the Record of that day's proceedings.

Mar. 15, 1867.

RULE XLII.

EXECUTIVE COMMUNICATIONS.

communications

dressed to the

Estimates of appropriations, and all other com- All Executive munications from the Executive Departments, in- shall be adtended for the consideration of any committees of Speaker. the House, shall be addressed to the Speaker, and by him submitted to the House for reference.

RULE XLIII.

QUALIFICATIONS OF OFFICERS AND EMPLOYÉS.

Mar. 15, 1867.

Officers and employés shall

claims against

Mar. 8. 1842.

No person shall be an officer of the House, or continue in its employment, who shall be an agent for not be agents in the prosecution of any claim against the Govern- the Government. ment, or be interested in such claim otherwise than as an original claimant; and it shall be the duty. of the Committee on Accounts to inquire into and report to the House any violation of this rule.

RULE XLIV.

JEFFERSON'S MANUAL.

Manual to gov.

House, when not with standing

The rules of parliamentary practice comprised Jefferson's in Jefferson's Manual shall govern the House in ern procedure of all cases to which they are applicable and in which inconsistent they are not inconsistent with the standing rules rules. and orders of the House and joint rules of the Senate and House of Representatives.

RULE XLV.

AS TO PRINTING BILLS.

Sept. 15, 1837.

public bills and

and river and

There shall be printed 500 copies of each bill 500 copies of of a public nature, of which 25 shall be deposited 100 of private in the office of the Clerk of the House, 100 copies harbor bills to be shall be delivered to the Senate document room,

printed.

uted.

and the remainder shall be deposited in the document room of the House for the use of Members; and there shall be printed 100 copies of each private bill and bills relating to rivers and harbors, How distrib- of which 25 copies shall be delivered to the Senate document room, and the remainder shall be deposited in the document room of the House for the use of Members. Motions to print additional numbers of any bill, report, resolution, or other public document shall be referred to the Committee on Estimates of Printing; and the report of the committee thereon fore reprinting shall be accompanied by an estimate of the probable cost thereof. Unless ordered by the House no bill, resolution, or other proposition reported by a committee shall be reprinted unless the same be placed upon the Calendar.

cost required be

ordered.

Dec. 21, 1887.

DIGEST

OF THE

RULES AND PRACTICE OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.

FIRST SESSION, FIFTY-THIRD CONGRESS.

ABSENT MEMBERS.

A smaller number than a quorum may be authorized to compel the attendance of absent Members, in such manner and under such penalties as the House may provide.-Const., 1, 5, 8.

Every Member shall be present within the Hall of the House during its sittings, unless excused or necessarily prevented.Rule VIII, clause 1.

In the absence of a quorum, fifteen Members, including the Speaker, if there is one, shall be authorized to compel the attendance of absent Members, and in all calls of the House the names of the Members shall be called by the Clerk, and the absentees noted; the doors shall then be closed, and those for whom no sufficient excuse is made may, by order of a majority of those present, be sent for and arrested, wherever they may be found, by officers to be appointed by the Sergeant-at Arms for that purpose, and their attendance secured; and the House shall determine upon what condition they shall be discharged. Members who voluntarily appear shall, unless the House otherwise direct, be immediately admitted to the Hall of the House, and they shall report their names to the Clerk to be entered upon the Journal as present.-Rule XV, clause 3.

A member having failed to answer on a call of the House, but subsequently answering to a roll call during proceedings under the call, is held to have voluntarily appeared, and his name should not be embraced in a warrant for the arrest of absent members.-Journal, 2, 53, p. 180.

Pending the call of absentees for excuses, a motion to adjourn is in order.-Journal, 2, 53, p. 69.

Pending proceedings under a call of the House, the House may order the roll call to be repeated to ascertain which of the Members are then absent; and it is in order to direct the Sergeant-at-Arms to take into custody Members who have absented themselves since the first call of the roll.-Journal, 2, 52, p. 106.

It is competent for a quorum as well as for a minority of the House to compel the attendance of absent members, notwithstanding the language of clause 2 of Rule XV. The majority of the House has a right, under the Constitution, to transact business, and it has the right to compel the attendance of absent Members. The expression that less than a majority can send for absent Members does not exclude the right of a majority to transact business and to require the attendance of all Members of the House in order to do so.-Journal, 1, 52, p. 166.

An adjournment terminates proceedings under a call of the House unless otherwise ordered by the House. The House may, however, by resolution, continue in force beyond an adjournment the order that the Sergeant-at-Arms take into custody and bring to the bar absent Members, and may make such order returnable to a day subsequent to the day of adjournment.-Journal, 1, 30, pp. 1031, 1035; (also Speaker Crisp, Journal, 1, 52, pp. 166, 167).

When the order of arrest is continued in force beyond an adjournment the business of the House is not thereby suspended, but, if a quorum be present, may proceed as usual on the succeeding day while the order is being executed:-Journal, 2, 53, p. 149.

Absent Members taken into custody after adjournment, under such order so continued in force, have the same status, and are subject to the same restrictions, as if they had been taken and brought to the bar before the adjournment.-Journal, 1, 52, p. 167.

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