The times. [volume] (Richmond, Va.) 1890-1903, 1894-04-27
That "DOCHINGv RULE.
Republicans in the House Raise a Row
About 1.-THE sps akrr's Ruling.

Republicans In the House Raise a Row
About 1.-THE sps akpr's Railing.
WASHINGTON, D. c.. April 2s.-The
usual objection was made upon the Re
publican side Of the House to the pro
forma approval of the previous days
Journal, and a yea and nay vote was
taken. The Journal was approved. Yeas,
227; nays. 0; present but not voting. Z.
Mr.. Mahon Rep, Pa). rising TO a
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
day Of each and every month, as pro-
vided by law, and that he shall not de-
duct any part Of a members salary on
account OF the absence under the act Of
August IS, 1855. until the absence Of n
member has been duly certified TO him
under q rule or action Of this House by
the officer authorized TO certify the same.
Mr.. Cultivate Dem. ohio. made the
point that the resolution was not priv
lege.
When the debate upon the point of
order had concluded, Speaker Crisp ruled
as follows:
The gentleman from Pennsylvania CMr.
Mahon) submits a resolution which he
claims raises a PRIVILEGED question. The
Constitution says that members shall
receive a salary 10 be fixed by law.
Congress has passed a law fixing the
salary of members 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
alarms shall keep the accounts for the
day and mileage Of members and dele
gates. and pay them as provided by law.
When you turn to the law you find
that the Sergeant-at-Arms is required to
deduct from the monthly pay Of mem
bers for those days when they are alb
sent. except for sickness of themselves
or ickness Of their families.
Mr.. Reed: That ii is not the law.
The Speaker: The gentleman states
that this is not the law. 1t Is not the
purpose of province Of the House TO de-
termine what is existing law. The House
can make law. but when it comes TO the
construction Of law that matter is for the
courts. and not for the House. The
Sergeant-at-Arms is a bonded officer. a
disbursing officer of the Government. He
is charged with the duty of executing
public law. If the Sergeant-at-Arms
should plead the judgment Of this House
as TO whether hat law existed or was
repeated. the judgment would have no
kim Of effect OF relieving him Of the relia-
bility Of his bonds if the judgment Of the
House was wrong. SO that this House
cannot construe the law.
Proceeding to discuss the resolution IT.
self. the Speaker recited its provisions
and continued:
What allegation is there in this resolu-
ton that any right of a member OF this
House, or members collectively, has been
i%nfringed or invaded? The Chair cam
not see any. The Chair desires TO say, In
justice to the Sergeant-at-Arms, that the
form of the certificate, which has been
read, was suggested by the Chair upon
the request of the iSertant-at-Arms.
That form of certificate was intended to
put it wholly within the power OF the
member himself to say whether or not
any deduction should be made under the
statutes. The Chair believed then, anc
believes now. that every disbursing officer
in the United States who is charged by
law with the performance of a duty in
paying out money has a risht to make
all reasonable regulations, which must
be complied with by those to whom the
money is to be disbursed before they
can demand its payment. The regulations
which the Se~rgeant-at-Arms has made is
simply 10 require the member himself
to certify whether or not under that
law any deduction should be made. The
Chair desires to say further, so that the
House may fully understand It, that as
ne now understands the law. the Chair
would not certify the pay OF any men,
beers as 10 the amount that might be due
him for a months salary unless the mem.
Der first informed him how long he had
been absent, and what, II any. deduction
should be made. applause on the Demo-
cratic side.) The Chair holds that there
Is no question Of privilege in this reso-
luton.
Mir. Mahon: Mr.. Speaker. | offer the
following resilthion as a question OF
privilege:
Resolved. That it is the sense OF the
House tina the Sergeant-at-Arms OK
the House Of Representatives has no
authority 10 require each member OF the
House TO report TO him whether he mas
heen absent from the sessions or the
House. and the reasons for such absence
IN the absence OF any rule of the House
giving him such authority. n that the
notice OF such requirement given by the
Sereeant-at-Arms is in derogation OF the
rights OF members OF this House.
The Speaker ruled that this resolution
also did not constitute a question OF
privilege.
Mr.. Mahon: / take an appeal.
MIR. Cultivate Dem, o.: ! move 10
lay the appeal on the table.
The yeas and nays were ordered on the
question, res~ulting-Yeas. 1CG; nays. 10;
present nud not voting. 4. SO the appeal
was laid on the table. The vote was also
wholly eiony partisan lines.
Messrs. Covert Dem.. n. W. Davey
nem., Ia). and Harris Dem. Kan), and
Pence Pop.. Coi.) voted with the Repub-
leans against laying the appeal or the
table. Messrs. Boatner Dem, La.). Ever
EFT Dem, Mass.). Cogsweil Rep., Mass.)
and Powers fRep., VT, merely announced
their presence. refusing TO vote. Mr..
benson fDem.. Ala.), having voted, with
the Republicans. before the vote was an
.nounced, changed from no to aye. saying
that while he believed the law OF 1856
had been repealed by implication. he did
not understand that the ruling of the
Chair went TO the merits Of that ques-
ton. |