ing what electors have been appointed, as mentioned in section 6 of this title, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its laws; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they. shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of. (Feb. 3, 1887, c. 90, § 4, 24 Stat. 373.)

18. Preservation of order in joint meeting. While the two Houses shall be in meeting as provided in sections 5 to 7 and 17 to 20,* the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw. 1887, c. 90, § 5, 24 Stat. 374.)

(Feb. 3,

The words "of this title" would seem to have been inadvertently omitted.

19. Limit of debate in each House. When the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not more than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate. (Feb. 3, 1887, c. 90, § 6, 24 Stat. 375.)

20. Seats for officers and Members of two Houses in joint meeting. At such joint meeting of the two Houses seats shall be provided as follows: For the President of the Senate, the Speaker's chair; for the Speaker, immediately upon his left; the Senators, in the body of the Hall upon the right of the presiding officer; for the Representatives, in the body of the Hall not provided for the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other officers of the two Houses. in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no

recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this chapter, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of ten o'clock in the forenoon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses, no further or other recess shall be taken by either House. (Feb. 3, 1887, c. 90, § 7, 24 Stat. 375.)

8 21. Vacancy in offices of both President and Vice President. In case of removal, death, resignation, or inability of both the President and Vice President of the United States, the Secretary of State, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Treasury, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of War, or if there be none, or in case of his removal, death, resignation, or inability, then the Attorney General, or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster General, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Navy, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Interior, shall act as President until the disability of the President or Vice President is removed or a President shall be elected: Provided, That whenever the powers and duties of the office of President of the United States shall devolve upon any of the persons named herein, if Congress be not then in session, or if it would not meet in accordance with law within twenty days thereafter, it shall be the duty of the person upon whom said powers and duties shall devolve to issue a proclamation convening Congress in extraordinary session, giving twenty days' notice of the time of meeting. (Jan. 19, 1886, c. 4, § 1, 24 Stat. 1.)

§ 22. Officers eligible to act as President in case of vacancy. Section 21 of this title shall only be held to describe and apply to such officers as shall have been appointed by the advice and consent of the Senate to the offices therein named, and such as are eligible to the office of President under the Constitution, and not under impeachment by the House of Representatives of the United States at the time the powers and duties of the office shall devolve upon them respectively. (Jan. 19, 1886, c. 4, § 2, 24 Stat. 1.)

§ 23. Resignation or refusal of office. The only evidence of a refusal to accept, or of a resignation of the office of President or Vice President, shall be an instrument in writing, declaring the same, and subscribed by the person refusing to accept or resigning, as the case may be, and delivered into the office of the Secretary of State. S. § 151.)

Historical Note

(R.

R. S. 151 cited to the text was derived from Act of March 1, 1792, c. 8, § 11, 1 Stat. 241.

Section 41. Commencement of term of office. The term of four years for which a President and Vice President shall be elected, shall, in all cases, commence on the 4th day of March next succeeding the day on which the votes of the electors have been given. (R. S. § 152.)

Historical Note

R. 8. 152 cited to the text was derived from Act of March 1, 1792, c. 8, § 12, 1 Stat. 241.

§ 42. President's salary. The President shall receive in full for his services during the term for which he shall have been elected the sum of $75,000 a year, to be paid monthly, and shall be entitled to the use of the furniture and other effects belonging to the United States and kept in the Executive Mansion. (R. S. § 153; Mar. 4, 1909, c. 297, § 1, 35 Stat. 859.)

Historical Note

R. S. 153, cited to the text, was derived from Acts Sept. 24, 1789, c. 19, 1 Stat. 72; Feb. 18, 1793, c. 9, 1 Stat. 318; March 3, 1873, c. 226, 17 Stat. 486.

Prior to Act March 4, 1909, the salary of

the President was to be $50,000 per annum, payable monthly under R. S. § 153, referred to. The Act of March 4, 1909, cited above, increased the salary of the President to the amount herein specified.

§ 43. President's traveling expenses. There may be expended for or on account of the traveling expenses of the President of the United States such sum as Congress may from time to time appropriate, not exceeding $25,000 per annum, such sum when appropriated to be expended in the discretion of the President and accounted for on his certificate solely. (June 23, 1906, c. 3523, 34 Stat. 454.)

§ 44. Vice President's salary. The Vice President shall receive in full for his services during the term for which he shall have been elected the sum of $15,000 a year, to be paid monthly. (R. S. § 154: Feb. 26, 1907, c. 1635, § 4, 34 Stat. 993; Mar. 4, 1925, c. 549, § 4, 43 Stat. 1301.)

Historical Note

R. S. 154 cited to the text was derived from Act of March 3, 1873, c. 226, 17 Stat. 486. It provided a salary of $10,000 for the Vice-President.

By Act Jan. 20, 1874, c. 11, 18 Stat. 4, this amount was reduced to $8,000, as it existed prior to March 3, 1873.

By Act Feb. 26, 1907, c. 1635, 4, 34 Stat.

993, the salary of the Vice-President, Speaker of the House of Representativer and heads of Executive Departments was fixed at $12,000 per annum respectively. The provisions of the act as to salary were superseded by Act March 4, 1925, c. 549, as set out above.

Cross-References

Salary of Speaker of the House of Representatives, see § 31, Title 2, The Congress. Salary of heads of Executive Departments, see § 3, Title 5, Executive Departments and Government Officers and Employees.

(R. S. §

$45. Salary of Secretary to President. The salary of the Secretary to the President shall be at the rate of $7,500 per annum. 155; Mar. 4, 1913, c. 149, 37 Stat. 913; Mar. 3, 1925, c. 468, § 1, 43 Stat. 1198.)

§ 46. Detail of employees of executive departments to office of President. Employees of the executive departments and other establishments of the executive branch of the Government may be detailed from time to time to the office of the President of the United States for such temporary assistance as may be necessary. (June 12, 1922, c. 218, 42 Stat. 636; Feb. 13, 1923, c. 72, 42 Stat. 1227; June 7, 1924, c. 292, § 1, 43 Stat. 521; Mar. 3, 1925, c. 468, § 1, 43 Stat. 1198.)

Notes of Decisions

1. Details not authorized under previous laws. Before this provision, the Postmaster General had no authority to detail a

registry clerk from the Washington post office on detached service at the White House. (1904) 25 Op. Atty. Gen. 302.

§ 47. Accommodations for horses, carriages, etc. The Quartermaster General of the Army shall provide suitable accommodations for the horses, carriages, and other vehicles of the President and of the Executive Office, in the stables maintained in the District of Columbia by and for the use of his department. (Mar. 4, 1911, c. 285, § 1, 36 Stat. 1404.)

§ 48. Public property in and belonging to Executive Mansion. The steward, housekeeper, or such other employee of the Executive Mansion as the President may designate, shall, under the direction of the President, have the charge and custody of and be responsible for the plate, furniture, and public property therein, and shall, before entering upon the duties of the office, give bond for the faithful discharge thereof, said bond to be in the sum of $10,000, and to be approved by the Secretary of War.* A complete inventory, in proper books, shall be made annually in the month of June, under the direction of the officer in charge of public buildings and grounds,† of all the public property in and belonging to the Executive Mansion, showing when purchased, its cost, condition, and final disposition. This inventory shall be submitted to the President for his approval, and shall then be kept for reference in the office of the Director of Public Buildings and Public Parks of the National Capital, which shall furnish a copy thereof to the steward, housekeeper, or other employee responsible for the property. (June 25, 1910, c. 384, § 9, 36 Stat. 773; Feb. 26, 1925, c. 339, § 1, 43 Stat. 983.)

*Should read "Director of Public Buildings and Public Parks of the National Capital," instead of "Secretary of War." This change is authorized by 8 4 of Title 40, Public Buildings, Property, and Works.

Should read "Director of Public Buildings and Public Parks of the National CapItal" instead of "officer in charge of public buildings and grounds." This change is authorized by 2 of Title 40, Public Buildings, Property, and Works.

The words "office of the Director of Public Buildings and Public Parks of the National Capital" were substituted by the compilers of the Code for the words "office of Public Buildings and Grounds" appearing in Act of June 25, 1910, cited to the text. This change was by virtue of the second citation to the text which as will be seen from a reading of § 2 of Title 40, Public Buildings, Property, and Works (§ 2 being 1 of the Act of Feb. 26, 1925) changed the name of the "office of Public Buildings and Grounds" to "office of Public Buildings and Public Parks of the National Capital." In changing the text to conform to the change of name in the office, the words "of the Director" were inadvertently inserted. These should not have been in the text.

Historical Note

This section was part of the sundry civil appropriation act for the fiscal year 1911, cited above. It superseded previous

similar provisions of R. S. §§ 156, 157, and Act April 17, 1900, c. 192, § 1, 31 Stat. 97.

§ 49. Furniture for White House. All furniture purchased for the use of the President's House shall be, as far as practicable, of domestic manufacture. With a view to conserving in the White House the best specimens of the early American furniture and furnishings, and for the purpose of maintaining the interior of the White House in keeping with its original design, the officer in charge of public buildings and grounds* is authorized and directed, with the approval of the President, to accept donations of furniture and furnishings for use in the White House, all such articles thus donated to become the property of the United States and to be accounted for as such. The said officer in charge of public buildings and grounds is further authorized and directed, with the approval of the President, to appoint a temporary committee composed of one representative of the American Federation of Arts, one representative of the National Commission of Fine Arts, one representative of the National Academy of Design, one member of the American Institute of Architects, and five members representing the public at large; the said committee to have full power to select and pass on the articles in question and to recommend the same for acceptance. (R. S. § 1829; Feb. 23,t 1925, c. 377, 43 Stat. 1091.)

* Should read "Director of Public Buildings and Public Parks of the National Capital" instead of "officer in charge of public buildings and grounds." This change la authorized by § 2 of Title 40, Public Buildings, Property, and Works.

$50. Annual statement of public property. It shall be the duty of the officer or officers having in charge the property of the United States in and about the White House to furnish an annual statement to the Architect of the Capitol by the 1st day of December, setting forth the public property in all the buildings, rooms, and grounds under their charge, purchased during each year, and an account of the disposition of such property during the same period, whether by sale or otherwise. (R. S. § 1832.)

Editorial comment.-This section seems to be in conflict with 48 of this title which is based on a later statute and is probably intended to give to the officer in charge of public buildings and grounds (now the Director of Public Buildings and Grounds of the National Capital) exclusive control of inventories of property in and about the White House.