DEPARTMENTS.

(See EXECUTIVE DEPARTMENTS.)

DILATORY MOTIONS.

Pending a motion to suspend the rules, the Speaker may entertain one motion that the House do now adjourn; but after the result thereon is announced he shall not entertain any other dilatory motion till the vote is taken on suspension.-Rule 161, p. 142.

DISORDER.

"In case of any disturbance or disorderly conduct in the galleries or lobby, the Speaker (or chairman of the Committee of the Whole House) shall have power to order the same to be cleared."Rule 9, p. 105.

"Each house may punish its members for disorderly behavior."Const., 1, 5, 8.

"The Speaker shall preserve order and decorum."-Rule 2. And the Sergeant-at-Arms shall aid in the enforcement of order, under the direction of the Speaker, and pending the election of a Speaker, under the direction of the Clerk.-Rule 22, p. 107.

In case of a member called to order.-Rule 61, p. 117.

Member may be censured.-Rule 62, p. 117.

(See decision under last clause of above rule.-Journal, 2, 37, p. 610.)

Specific violations of order. - Rule 65, p. 117.

"No person in speaking is to mention a member then present by his name."-Manual, p. 64.

"Disorderly words spoken in a committee must be written down as in the House, but the committee can only report them to the House for animadversion.-Manual, p. 65.

"A committee cannot punish a breach of order in the House. It can only rise and report it to the House, who may proceed to pun ish."-Manual, p. 69; Journal, 1, 28, p. 846.

"If repeated calls do not produce order, the Speaker may call by his name any member obstinately persisting in irregularity."— Manual, p. 65.

"Pending the election of a Speaker, the Clerk shall preserve

DIVISION OF QUESTIONS.

221 order and decorum, and shall decide all questions of order that may arise, subject to appeal to the House."-Rule 146, p. 140.

[While there can be no question of the right of a member to appeal from the decision of the Clerk on certain "questions of order that may arise " pending the election of a Speaker, there is a question as to his right to appeal from a decision of the Clerk with respect to the roll of members, which, by R. S., sec. 31, the Clerk is required to make up.]

(See decisions of Clerk McPherson, Cong. Globe, 1st sess. 40th, 41st, 42d, and 43d Congresses.)

DISTRICT OF COLUMBIA, COMMITTEE FOR THE.

When appointed, of what number, duties of, and when to be called.-Rule 74, p. 119, and Rule 82, p. 123.

DIVISION OF THE HOUSE.

(See VOTING.)

DIVISION OF QUESTIONS.

"Any member may call for the division of a question, before or after the main question is ordered, which shall be divided if it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision. of the House. A motion to strike out and insert shall be deemed indivisible.”—Rule 46, p. 112. But it has been decided on appeals that on motions to commit with instructions, or on the different branches of instructions-Journals, 1, 17, p. 507; 1, 31, pp. 1395– 97; 1, 32, p. 611-on a Senate amendment-Journal, 2, 32, p. 401-on an amendment reported as a single amendment from a Committee of the Whole-Journals, 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 37, p. 170, &c.-on a series of resolutions proposed to be inserted in lieu of other matter-Cong. Globe, 1, 31, p. 1301—a division of the question cannot be had.

Upon engrossinent of internal-improvement bills-Rule 121, p. 132. [But it has been invariably held, and never appealed from, that the rules in regard to a division of the question apply to no other description of bills than such as make "appropriations of money for works of internal improvement."-Barclay.]

DIVINE SERVICE.

"No person shall be permitted to perform divine service in the chamber occupied by the House of Representatives unless with the consent of the Speaker."-Rule 6, p. 104.

DOCUMENTS.

(See PUBLIC DOCUMENTS.)

DOORKEEPER.

A doorkeeper shall be elected at the commencement of each Congress, to continue in office until his successor is appointed, who shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities, and to keep the secrets of the House; and his appointees shall be subject to the approval of the Speaker; and in his election the vote shall be taken viva voce.- Rule 10, p. 105.

He is also required, by sec. 1756 R. S., to take an additional oath. (See OATH.)

The Doorkeeper shall execute strictly the 134th and 135th Rules, relative to the privilege of the hall; and he shall be required, at the commencement and close of each session of Congress, to take an inventory of all the furniture, books, and other public property in the several committee and other rooms under his charge, and shall report the same to the House; which report shall be referred to the Committee on Accounts, who shall determine the amount for which he shall be held liable for missing articles. It is the duty of the Doorkeeper, ten minutes before the meeting of the House each day, to see that the floor is cleared of all persons except those pri vileged to remain during the sessions of the House."-Rule 27, p. 108.

The Doorkeeper of the House of Representatives shall make out and return to Congress, on the first day of each regular session and at the expiration of his term of service, a full and complete account of all property belonging to the United States in his possession at the time of returning such account.-R. S., sec. 72.

The Doorkeeper shall perform the usual services pertaining to his office during the session of Congress, and shall, in the recess, under the direction of the Clerk, take care of the apartments occu

DUTIES OR TAXES.

223

pied by the House, and provide fuel and other accommodations for their subsequent session.-R. S., sec. 73.

"When a message shall be sent from the Senate to the House of Representatives, it shall be announced at the door of the House by the Doorkeeper."-Joint Rule 2, p. 145.

[The Doorkeeper (with the aid of his appointees, viz: the superintendents of the "folding-room" and "document-room," messengers, pages, folders, and laborers) discharges various duties which are not enumerated in the rules, viz: he announces at the door of the House all messages from the President, &c.; keeps the doors of the House; folds and distributes extra documents; furnishes members with printed copies of bills, reports, and other documents; conveys messages from members; keeps the hall, galleries, and committee-rooms in order, &c., &c.]

By a resolution of the House of June 4, 1872 (Journal, 2, 42, p. 1056), it is provided that the Speaker order the Doorkeeper of the House to prevent strictly the occupation of any of the offices and rooms, assigned by the Speaker and by orders of the House to the use of the several officers and committees of the House, by any person whatsoever, during any recess of the House, without the written consent of the officer having such office in charge, or of the chairman or chairmen of the committee or committees to whom such room has been assigned.

In case of vacancies in the offices of both the Clerk and Sergeantat-Arms, or of the absence or inability of both to act, the duties of the Clerk, relative to the preparation of the roll of the House, shall be performed by the Doorkeeper of the next preceding House.-R. S., sec. 33.

DUTIES OR TAXES.

"No motion or proposition for a tax or charge upon the people shall be discussed on the day on which it is made or offered; and every such proposition shall receive its first discussion in a Committee of the Whole House."--Rule 110, p. 129.

"No sum or quantum of tax or duty, voted by a Committee of the Whole House, shall be increased in the House until the motion or proposition for such increase shall be first discussed and voted in a Committee of the Whole House, and so in respect to the time of its continuance."-Rule 111, p. 129.

(See also COMMITTEES OF THE WHOLE.)

It has been decided that the foregoing rules do not cover the case of a special duty or tax upon national banks to meet certain expenses to be incurred by the general government on account of said banks. Journal, 1, 38, p. 537; Cong. Globe, vol. 51, p. 1680.

EDUCATION AND LABOR, COMMITTEE ON.

When appointed, number of members, and duties of.-Rule 160, p. 142.

ELECTIONS BY THE HOUSE.

"The House of Representatives shall choose their Speaker and other officers."-Const., 1, 2, 6.

"In all other cases of ballot than for committees a majority of the votes given shall be necessary to an election; and, where there shall not be such a majority on the first ballot, the ballots shall be repeated until a majority be obtained. And in all ballotings blanks shall be rejected and not taken into the count in enumeration of votes or reported by the tellers."-Rule 12, p. 105.

"In all cases of ballot by the House the Speaker shall vote.”— Rule 7, p. 104.

"In all cases where others than members of the House may be eligible to an office by the election of the House, there shall be a previous nomination."-Rule 11, p. 105.

"In all cases of election by the House of its officers the vote shall be taken viva voce."-Rule 10, p. 105.

"No member or other person shall visit or remain by the Clerk's table while the ayes and noes are calling or ballots are counting."Rule 65, p. 117.

After the election of a particular officer is postponed, it is not in order to move to proceed to the election of such officer before the arrival of the period to which the postponement was made.—Journal, 1, 31, p. 405. But if the House should fail to go into an election on the day specified in the order of postponement, the matter does not thereby drop, but the election may be proceeded with subsequently.-Journal, 1, 26, p. 253.

[Ordinarily it has been held that the election by the House of any of its officers is a question of privilege.]

(See also PRESIDENT, SPEAKER, CLERK, SERGEANT-AT-ARMS, DOORKEEPER, POSTMASTER, and PRINTER, PUBLIC.)