Evening capital. (Annapolis, Md.) 1884-1910, 1888-11-24
WASHINGTON TOPICS.
Absolute Power Of the Clerk Of the
House Of Representatives.
A FLAW IN THE STATUTES.
Little Provision Is Made I'm the Constitu-
tion for the Organization of the
House, and the Laws Are singu-
larry Defective.

New YoRK, Nov "A dispatch from
Washington to The Post says:
ssThe officials Of the house of representa-
tiyes have renewed their confidence in the
belief that the Democrats will organize the
next house of representatives The some
what sensational suggestions which are
made as to what may happen if the clerk of
the present house shall place upon the roll
of the next house the names of members
who, in the opinion of some Republicans,
were not elected, may serve to call the at
tention of the public TO another weak spot IN
our governmental system. The authority
for the organization of tho house is not found
in the constitution of the United States, save
in the general provision that each house shall
be the Judge of the elections, returns and
qualifications Of its own members. Under this
general power the usage has grown up, which
is embodied in part, at least, in a statute that
the organization of the house is placed abso-
lutely within the power and the discretion OF
the clerk Of the house of the preceding con-
gress. The specific authority under which
the clerk of the house prepares the roll upon
which the succeeding house is organized is
found in rule 3, paragraph l Of the body OF
the rules of the house. The provision is:
1.-THE clerk SHALL at the commencement of the
first session of each congress, call the members
to order, proceed to call the roll of members by
states in alphabetical order, and, pending the
election of speaker, or speaker pro tempore,
preserve order and decorum and decide all
Questions of order, subject to appeal by any
member
Rule of the house provides that the clerk
and the other officers of the house shall con-
tinue in office until their successors are chosen
and.qualified The revised statutes section
81 prescribe the duty of the clerk of the
house with respect to the roll OF the members
of the next house That section provides:
Before the first meeting of each congress. the
clerk of the next preceding house of representa-
tives shall make roll of the representatives-eect,
and place thereon the names of those persons,
and of such persons only, whose credentials show
that they were regularly elected in accordance
with the laws of their states respectively, or the
laws of the United States.
ssIn the event of the death or disability of
the clerk, the duties are devolved in success
sion upon the sergeant-at-arms, and, in case
of his death or disability, upon the door
keeper If it should happen that the clerk.
sergeant-at-arms and doorkeeper Of any
house should all die, or be disabled from any
cause, at the time of the meeting of the sue
ceeding congress, there is no provision what
ever for the organization of the succeeding
house. In case of a vacancy which occurred
in the office Of clerk during the Thirty
first congress, it was decided that the house
could take no action upon or transact any
other business until clerk was elected. But
it does not appear that a vacancy has hap
pened in this Office prior to the meeting of a
congress The power of the clerk is not only
absolute as to the roll, but, according to the
prscedents established by Republicans the
house itself is without any power to amend
the roll Since the organization Of the
Il e W.
eighth congress, the clerk has uniformly
declined to entertain motions or resolu-
tions to amend the roll of representatives
elect, which section 81 revised statutes re-
quires him to make, and has further declined
to entertain appeals from such decisions.
This appears very fully from the decision by
Mr.. Edward j. Mcpherson in the proceed
ings in the organization of the house, first
session, Forty-first congress, March 4, 1862
The same position was reaffirmed by Clerk
Adams, Democrat. In this last instance the
clerk declined to entertain the appeal, on
the ground that it was not competent for the
representatiyes-elect to ins ruct the clerk in
the performance of a duty imposed upon him
by law, and for the fnrther reason that q
question of higher privilege was sthen pend
ing, l. e., the election of speaker, on which
the previous question had been ordered
I'm case duplicate certificates shall be sent
70 the clerk of the house from dual state
governments, that officer is the sole Judge as
to which certificates be viii place upon the
roll, and, once upon the roll, it appears
to be discretionary with him whether he
win recognize any suggestions from the
house as to appointments According to the
precedents which have been established,
the clerk has the arbitrary power to force
an organization Of the house upon roll
the integrity Of which may be questioned
by the whole body Of the representatives
elect. The clerk of the house, IN short, seems
10 be the only officer Of the United States
who is absolute, FROM whose decision there is
no appeal, who owes no allegiance to any
one, the body which created him having
passed out of existence at the time Of the or
lganizatiOn Of the succeeding house. And
there is no means OF correcting the re-
suits Of the roIl which he may present,
except by the subsequent action Of
the ithouse as :. to the membership
Of which he is himself the sole Judge.
Hs is, to be sure, required to pass upon the
certificates in a judicial capacity 10 deter
mine whether they are in accordance with
the laws of the states, or Of the United
States; but, IL he shall exercise his authority
In an unlawful or arbitrary manner, there l.
no remedy provided, except for the house it
self, by action likewise arbitrary, to reverse
his decrees