OATH-Continued.

(a) Form, administration, etc.

Form of oath taken by Members and Delegates.

(14.)

I, A. B., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. (Revised Statutes, section 1757.) How administered at the opening of Congress. The oath may be administered to a Member away from the House by the Speaker. (16) 1-51, Journal, pp. 89, 103, Record, pp. 399, 432. The oath may be administered to a Member away from the House and by another than the Speaker. (15) 2-49, Record, p. 1157, Report H. of R. No. 3745.

(2.)

By unanimous consent the oath of office may be administered to Members whose regular certificates have not arrived. (17, 18, 19) 2–51, Journal, p. 5, Record, p. 11; 1-54, Record, p. 4846; 2-54, Record, p. 301; 1-57, Journal, p. 223, Record, p. 692; 2–58, Record, pp. 15, 16. Credentials being defective, but no doubt existing as to the election, the oath was administered to the Member-elect by unanimous consent. 3-58, Record, pp. 3, 4.

There being a question as to a Member's election, he was sworn in and his credentials were referred to a committee with instructions. 2-57, Journal, p. 6, Record, p. 4.

The oath of office is sometimes administered to a Member at an informal rising of the Committee of the Whole. (763) 1–55, Record, p. 547.

Members have been sworn in by unanimous consent when a roll call had just disclosed the absence of a quorum. (20) 1-55, Record, p.

428.

Instance at the beginning of a second session wherein the oath was administered to a Member-elect before the ascertainment of a quorum. 2-58, Record, pp. 15, 16.

The oath may not be administered to a Member-elect, even upon presentation of proper certificate, when the House is considering the question of his right to the seat. (22) 1-48, Journal, pp. 587, 588, Record, p. 1168.

A Member may be appointed on a committee before taking. (15) 2-49. Record, p. 1157, Report II. of R. No. 3745; 1-57, Journal, p. 298, Record, p. 1249; 2-57, Journal, pp. 24, 75, Record, p. 501.

A Member-elect may be named on a committee, but may not vote until he has taken the oath. (602) Jefferson's Manual, Section III, p. 135.

OATH-Continued.

(a) Form, administration, etc.—Continued.

A Member is entitled to receive his salary after taking the oath. Revised Statutes, section 39.

The Delegates from the Territories take the same oath as Members. (36) Revised Statutes, sections 1862, 1863.

A Speaker pro tempore is not sworn. (55) 1-30, Journal, p. 923, Globe, p. 855.

(b) Member challenged.

Members-elect challenged at the organization of the House for alleged defects in their credentials or election have generally been allowed to take the oath pending the examination of their cases. 1-37, Journal, pp. 12, 13, Globe, pp. 6, 7, 10, 13; 1-41, Globe, pp. 7, 10; 1-42, Globe, pp. 6, 7-10; 1-44, Record, pp. 167, 171, 172; 1-45, Record, pp. 54, 60, 69, 73, 88, 92, 93; 1–46, Record, pp. 6, 27; 1-47, Record, pp. 9, 11, 13, 14, 15; 1-53, Record, pp. 201, 202, 226–238.

In a few instances Members-elect challenged because of alleged defects in their credentials have not been allowed to take the oath. 1-38, Journal, pp. 6, 7, 9, 12, Globe, p. 7; 1-38, Journal, p. 13, Globe, p. 8; 1-47, Record, p. 14.

The Members-elect having denied to a delegation the right of participating in the organization of the House, the Speaker declined to administer to them the oath, although they presented the certificate of the governor of their State. 1-26, Journal, pp. 80, 87, 95, Globe, pp. 1, 30, 48, 56, 65, 95.

A person who, having taken the oath, afterwards engages in insurrection or rebellion is disqualified as a Member; but the disability may be removed by a two-thirds vote. Constitution, Article XIV, section 3, p. 45. Members-elect challenged at the organization of the House for alleged disqualifications have in several cases been sworn in, the question of their qualifications sometimes being referred to a committee for examination. 1-37, Journal, p. 12, Globe, pp. 6, 7, 13; 1-41, Journal, pp. 4, 5, 10, Globe, pp. 6, 10, 13; 1-42, Globe, pp. 7, 11; 1-43, Record, pp. 7, 8; 1-48, Record, p. 6.

A Member-elect being challenged for alleged disqualification during the swearing in of the Members-elect at the time of organization, the Speaker requested him to stand aside, and the House, after debate, voted to refer to a committee the question of the prima facie and final right to the seat. 1-56, Record, pp. 5, 38-53, Journal, pp. 6, 34. The House excluded Brigham H. Roberts for disqualification. 1-56, Record, pp. 5, 38-53, 1072-1104, 1123-1149, 1175–1217, Journal, pp. 6, 34, 187, 192, 196-198, Report H. of R. No. 85.

OATH-Continued.

(b) Member challenged Continued.

Members-elect presenting themselves to be sworn after the organization of the House have been denied the oath on the ground of alleged disqualifications. 1-40, Globe, pp. 468, 469, vol. 64, pp. 502, 503, 514, 699, 700, 774, 777, vol. 65, pp. 894, 909, vol. 69, Appendix, p. 145; 2-40, Journal, pp. 13, 31, 153, 167, 220, 342, 350, 562, 912, Globe, pp. 2072, 3331, 3337, 3340, 3368–3375.

It has been held, although not uniformly, that in cases where the right of a Member-elect to take the oath is challenged the Speaker may direct the Member to stand aside temporarily. 1-41, Journal, p. 7, Globe, pp. 6, 13; 1-41, Journal, p. 7, Globe, p. 6; 1–47, Record, pp. 9–13. When Members-elect are challenged at the time of taking the oath, motions and debate are in order on the questions involved in the challenge, and in a few cases other business has intervened by unanimous consent. 1-37, Journal, p. 12, Globe, p. 5; 1-41, Journal, p. 7, Globe, p. 6; 1-45, Journal, p. 20, Record, p. 69; 1-46, Record, pp. 6, 27. The credentials of a Member-elect indicating that he had been elected before the resignation of his predecessor took effect, objection was made and the oath was not administered until new credentials were produced. 2-56, Journal, pp. 5, 20, Record, pp. 15, 46.

When, at the organization of the House, several Members-elect are challenged and stand aside, the question is first taken on the Member-elect first required to stand aside. 1-45, Journal, p. 15, Record, p. 60; 1-44, Record, pp. 167–171.

It has been held that there is no roll of Delegates which the Speaker is obliged to recognize at the time of swearing in Members-elect at the organization of the House. 1-47, Record, pp. 14, 23, 38.

(c) General provisions.

The rule providing for the selection and swearing in of the elective officers of the House. (1704) Rule II.

The elective officers of the House are sworn to the faithful discharge of their duties, to support the Constitution, and keep the secrets of the House. (1704) Rule II.

Oaths to witnesses may be administered by Speaker, chairman of Committee of the Whole, chairmen of select or standing committees, or by Members. (724, footnote, 1709) Revised Statutes, section 101; 23 Stat. L., p. 60.

Clerks to Members not required to take the oath prescribed by section 1756, Revised Statutes. (24) Decisions of First Comptroller (1893–94) (Bowler), pp. 43, 44.

OBJECTION.

The Member snould rise in objecting to a request for unanimous consent. 1-57, Record, p. 4641.

The withdrawal of an objection to the consideration of a bill does not bring it again before the House if other business has been taken up. (445) 2-55, Record, pp. 5159, 5161.

A demand for the regular order is equivalent to an objection to a request for unanimous consent. (446) 1-52, Journal, p. 351, Record,

p. 7028.

A Delegate may not object to the consideration of a measure. (39) 1–39, Globe, p. 3007; 2–56, Record, pp. 3463, 3464.

OBSCENE.

The Speaker may withhold such private bills, petitions, and memorials as in his judgment are of an obscene or insulting character. (448) Rule XXII, section 1.

OFFICES.

Member debarred from holding other office under the Government. (7) Constitution, Article I, section 6, p. 6.

A Member having assumed the duties of a State office, it was recommended that his name be stricken from the roll of the House. (13) 2-48, House Report, No. 2679.

Decisions concerning Members and Members-elect who have occupied or been about to occupy other offices under the Government. (12) 1-38, House Report, No. 110, Globe, p. 3389; 3-55, Report, H. of R., No. 2205, Record, p. 2751.

Members of commissions appointed under authority of act of Congress, visitors to the Naval and Military academies, regents, directors, etc., of public institutions are not officers under the United States within the meaning of the Constitution. 3-55, Report, H. of R., No. 2205.

The clerk to the Committee on the Post-Office and Post-Roads, being appointed a postmaster, was decided to be entitled to his salary as clerk until his successor was appointed, although his salary as postmaster had already begun. (722) Decisions First Comptroller (Bowler) 1893-94, p. 61.

OFFICERS OF THE HOUSE.

The Constitution provides that the House shall choose their Speaker and other officers. (40) Constitution, Article I, section 2, p. 4. The rule providing for the selection and swearing in of the elective officers of the House. (1704) Rule II.

The elective officers of the House continue until their successors take office, are sworn to the faithful discharge of their duties, to support the Constitution and keep the secrets of the House, and appoint the employees in their departments. (1704) Rule II.

OFFICERS OF THE HOUSE-Continued.

The vacancy caused by the death of the Doorkeeper was after several days filled by the House by election. 1-57, Record, pp. 2706, 2964, Journal, p. 489.

On the announcement of the death of the Doorkeeper the House took appropriate action. 1-57, Journal, 458, Record, p. 2706.

Arrest of one of its officers a high breach of privilege of the House. (43, footnote) 2-6, Annals, pp. 887-890.

No change, however unimportant, should be made by an officer of the House in a bill that has received the sanction of the House. (131, footnote) 1-33, Globe, p. 2094.

It is in effect an amendment of the rules to impose other duties upon an officer of the House than those already prescribed. (1534) 1–31, Journal, p. 456, Globe, p. 277.

Questions of privilege involved in alleged misconduct of an officer or employee of the House. (132) 1-44, Journal, pp. 868, 948, Record, p. 2771.

An officer of the House is defended by the Attorney-General's Department for any act done in the discharge of his official duty. (1709) 18 Stat. L., p. 401.

Certain provisions of the statutes relating to officers and Members. (1709) Revised Statutes, section 101; 18 Stat. L., p. 401; 23 Stat. L., p. 60; 28 Stat. L., p. 771.

No officer or employee of the House shall be an agent for the prosecution of a claim against the Government. (1703) Rule XLIII. No more than one person may be appointed to one position under the authority of the House, and an employee may not divide his salary with another. 31 Stat. L., p. 968. The Committee on Accounts are required to investigate (with power to send for persons and papers and administer oaths) the management of the employees by the officers of the House, and report to the House once every session their compliance with this duty. 31 Stat. L., p. 968.

It is the duty of the Committee on Accounts to inquire into and report violations of the rule forbidding officers or employees to be claim agents. (1703) Rule XLIII.

The publication by the Public Printer of an article alleged to be for the purpose of exciting unlawful violence among Members has been considered a matter of privilege. (121) 1-33, Journal, p. 965, Globe, p. 1361. Neither House may exercise any authority over a Member or officer of the other. (907) Jefferson's Manual, Section XVII, p. 158.