Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-26
Allen resolution, which was lost and Sen
ator Higgins Oel) took the floor to
speak on the tariff.
THE HOUSE,

|
Mr.. Hepburn Qowa) interposed his daily
objection to the approval of the journal In
the House today. and compelled a roll call,
which resulted in its approval-237-0. The
Speaker appointed the following boards of
visitors: To the Military Academy, Messrs
Black Qll). Hatch CMo.) and Curtis On. W;
to the Naval Academy. Messrs. Myer Qa.)
outhwiate (Ohio) and Randall (Mass).
As to "Docking" Members.
At this point the first fruit Of the attempt
to enforce the law Of 1855 to dock" men,
bers for absence, except on account OF
sickness, occurred. All members had re-
ceived blank certificates to be filled out
showing the number Of days they had been
absent. and the reasons therefor. Mr.. Ma
hon Pa) precipitated the matter by rising
to question Of privilege and offering the
| following:
Resolved, That the sergeant-at-arms is
hereby directed to pay to members and dele
gates their salaries on the fourth day of
each and every month, as provided by law,
and that he shall not deduct any part OF a
| under the act Of August 16, 1856, until the
absence Of a member has been duly certi-
fed to him under a rule or some action OF
this House by the officer authorized to
Mr.. Kilgore CTexas) raised the point that
the resolution did not present a question
Of privilege.
Mr. Mahon's Point.
Addressing himself to the point OF order.
Mr.. Mahon argued that his rights as a.
member of the House had been invaded by
the sergeant-at-arms. The act Of SO. under
which the sergeant-at-arms assumed the
power TO make deductions for absenteeism.
he held. had been repealed by the act OF
1866. and had been % recognized for
twenty eight years. 1t had been repealed.
II not In express terms. at least by plain
Implication. and no court in Christendom
| would hold otherwise. He had been here,
he said, every day during the past month.
| He did not propose to keep tab" on him
self. or sign any certificate bearing on the
question Of his attendance. He did expect
to present himself at the cashiers once.
however. on the 4th of next month, and to
receive his salary Of s4le under the law.
| Mr.. Outhwaite (Ohio), one Of the demo-
cratic members Of the committee on rules,
maintained that the resolution did not
present question Of privilege. A resolu-
ton reciting that the sergeant-at-arms
should not obey the law of 1886 did not
present a question OF privilege Neither did
the suggestion that deductions shouldn't
was certified, under a rule OF the House
Mr. Bland's Views.
Mr.. Bland (Mo.). also in support of the
point OF order, contended that the right of
member to his pay was not a parliament
tary, but legal right 1t presented a con-
test between a member Of the House and
the Treasury Department. The sergeant-at-
arms was disbursing officer of the treas
ury. 1t was private. not a public matter,
ana resolution to present q question of
privilege must affect the rights of members
pacity.
Mr.. Bland ml) supplemented Mr.
BANDS argument by pointing out that the
dinerence between a parliamentary and a
legal right was clearly one OF remedy and
the right Of member to his salary was
Mr. Payne N.Y0 argued that the resolu-
tion certainly dealt with a question that in
Vaded the rights of the members. as it not
TO inform against themselves 1t was a
weil-established principle of criminal law
| tnat men were not required to criminate
themselves. Immunity from doing 50 was
constitutional right
The Speakers Ruling.
The members displayed a lively and vary
personal Interest In the controversy, but the
Speaker announced that he was ready to
rule. He preceded his ruling with a state
ment. The House had no control over the
salaries OF Its members. he said The Con-
stitution provided that members should re-
eeive the salaries fixed by law. All the
House had ever undertaken to do was to
provide that the sergeant-at-arms should
Keep the mileage accounts of members and
pay them their salaries, as is provided by
law II the law provided for deductions
from the salaries of members the sergeant
alarms must comply with IT.
Reed.
Gentlemen say that is not the law" CON-
| tinued the Speaker, but that is not a cues
ton for the House to determine"
That must be decided by the courts The
serseant-at-arms is a public officer. bonded
by the treasury Department. II the House
should pass resolution declaring IL to be
its Judgment that the law was void n
would have no effect in relieving the ser
lgeant-at-arms from liability. The resolu-
tion did not effect the parliamentary rights
OF members. IL is the business Of the
courts. not the House, to construe the laws
The Speaker went on to explain that the
form of certificate used by the sergeant-at-
arms had been suggested by himself (the
lSpeaker), and was designed to place IL in
the power of each member to determine
how much salary was due him under the
law. 1t was the Speakers opinion that
every disbursing officer had the right TO
make all reasonable regulations for his own
protection.
AS far as he was concerned. he should de-
cline to certify the amount of salary due
for a member under law unless the member
informed him how much salary was due
him. He then sustained the point of order
and ruled that the resolution did not pre-
sent a question of privilege. The ruling was
greeted with applause from the Democrats
| side.
/ Another Resolution.
Mr.. Mahon Immediately sent I'D another
resolution. as follows, which he also claimed
was privileged:
Resolved, That 1t is the sense of the
House that the sergeant-at-arms has no au-
| thority to require each member to report TO
him whether he has been absent from the
sessions of the House and reasons for such
| absence in the absence of a rule giving him
| such authority, and that notice of such re-
quirement given by the sergeant-at-arms is
in derogation of the rights of members"
| This Also Ruled Out.
The Speaker also ruled that this resolu-
ton was not privileged after a sharp colo
guy with Mr.. Reed. Mr.. Watson appealed
from his decision and Mr.. Outhwaite mov-
ed to lay the appeal on the table. The lat
ter motion was carried by a strict party
vote except Mr.. Lucas Is. ID, who voted
with the democrats.
| The House then went into committee of
the whole and resumed the consideration of
the diplomatic and consul appropriation bill.
|
mn II <~rrIW