The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-04-27
REPRESENTATIVES, Paw.
Question as to the Right to De-
duct for Absence.

WASHINGTON, April 26.-The usual
objection was made upon the Republican
side of the House to the pro forma ap-
proval of the previous days journal, and
yea and nay vote was taken. The
journal was approved, yeas, 227; nays, 0;
present but not voting, z.
Mr.. Mahon (Rep., Pal, rising to
question OF privilege, sent to the clerks
desk and had read the following resolu-
ton:
Resolved, That the sergeant at. arms
Is hereby directed to pay to members
and delegates their salary on the fourth
vided by law, and that he shall not
deduct any part Of a members salary on
account Of absence, under the act of
August 10. 1856, until the absence OF a
member has boon duly certified TO him
under rule or some action OF this
House by the officer authorized to GER
tify the same"
Cultivate Dem., Ohio) made the
point that the resolution was not privi-
legged. When tho debate upon the point
of order had concluded, Speaker Crisp
ruled as follows:
"The gentleman from Pennsylvania
(Mr. Mahon) submits resolution which
he claims raises privileged question.
The constitution says that members
shall receive salary to be fixed by
law. Congress has passed law fixing
the salaries Of memb ers, and all that
this House has ever undertaken to do
under its rules in dealing with the
question OF salaries Is to provide that
the sergeant-at-arms shall keep the
accounts for the day and mileage of
members and delegates and pay them
as provided by law. When you turn to
n uu Ind hat thn
arms is required to deduct from the
monthly pay OF members for those DAYS
when they are absent except for sick
moss OF themselves or sickness of their
family.
Reed-That is not the law.
The Speaker-The gentleman states
that this is not the law. 1t is not the
purpose or province of the House OF
Representatives to determine what is
existing laws This House can make
law, but when IL comes 10 the construc-
ton of law, that matter is for the
courts, and not for the House. The
sergeant at arms is bonded officer,
disbursing officer OF tho government
He is charged with the duty of execut-
ing public law. II the sergeant at arms
should act under the judgment of this
House as to whether that law existed or
was repealed, the judgment Of this
House would have no kind of effect in
relieving him from any liability on his
bond If the Judgment Of this House were
wrong. So that this House cannot con
strue the law
The Speaker then proceeded to dis
cuss the resolution itself, and then said:
'The chair holds that there is no cues
tion Of privilege in this resolution
Mr.. Mahon-Mr. Speaker, offer the
following resolution as a question Of
privileges:
Resolved, That it is the sense of the
House that the sergeant alarms of the
House of Representatives has no
authority to require each mem Der OF the
House to report to him whether he has
been absent from the sessions of tho
House and the reasons Of such absences,
in the absence Of any rule Of the House,
giving him such authority and that the
notice OF such requirement given by the
sergeant-at arms IL in derog cation of the
rights OF mem bers Of this House.
The Speaker ruled that this resolu-
ton also did not constitute a question
of privilege.
Mr.. Mahon-I take an appeal.
Mr.. Cultivate (Dem., Ohio)-I move
to lay the appeal on the table. The
yeas and nays wero ordered on the q les-
ton, resulting: Yeas, 1866, nays, rs;
present ana not voting, 4. So the ap-
peal was laid on the table.
Committees were then called for re.
ports, and at the close of the list Mr..
McCreary (Dem.. KY moved that the
House go into committee of the whole
to further consider the diplomatic and
consular appropriation bill. This was
agreed to and Bailey took the chair
After minor changes were made 10 the
text of the bill as the result of the
afternoons consideration, it was thea
reported to the House and passed with
out division.
At o'clock the House adjourned
until tomorrow at noon.
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