[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 6.  Officers, Officials, and Employees]
[C. House Officers]
[Â§ 16. Election]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 574-579]
 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 16. Election

    Although the Constitution(5) provides that, ``The House 
. . . shall chuse their Speaker and other officers . . .'', it neither 
names the officers nor sets forth their method of selection. This gap 
has been filled by Rule II of the House Rules and Manual which provides 
that the Clerk, Sergeant at Arms, Doorkeeper, Postmaster, and Chaplain 
shall be elected ``by viva voce vote'' at the commence

[[Page 575]]

ment of each Congress.(6) Despite this language, officers 
are usually chosen by resolution.(7)
---------------------------------------------------------------------------
 5. U.S. Const. art. I, Sec. 2.
 6. See 1 Hinds' Precedents Sec. 187 for origin of the provision 
        dealing with viva voce vote.
 7. See Sec. Sec. 16.1 et seq.
---------------------------------------------------------------------------

    At the commencement of a Congress, each party's caucus selects one 
nominee for each office.(8) The majority submits its slate 
of nominees and the minority usually submits a substitute resolution 
containing its slate.(9) The House then votes on these 
resolutions. Because of this practice, officers are actually chosen by 
party caucuses.
---------------------------------------------------------------------------
 8. See Ch. 3, supra, for a discussion of the nomination of House 
        officers in the party caucus.
 9. See for example, Sec. 16.1, infra, for an instance in which 
        resolutions were offered. But see 111 Cong. Rec. 20, 89th Cong. 
        1st Sess., Jan. 4, 1965, in which the minority did not offer a 
        substitute 
        resolution.                          -------------------
---------------------------------------------------------------------------

Procedure at Commencement of Congress

Sec. 16.1 The House elects its officers by resolution.

    At the commencement of the 92d Congress, the chairman of the 
majority party caucus offered a resolution containing names of persons 
selected by it to serve as House officers:(10)
---------------------------------------------------------------------------
10. 117 Cong. Rec. 13, 92d Cong. 1st Sess., Jan. 21, 1971.
---------------------------------------------------------------------------

        Mr. [Olin E.] Teague of Texas [Chairman of the Democratic 
    Caucus]: Mr. Speaker, I offer a resolution (H. Res. 1) and ask for 
    its immediate consideration.
        The Clerk read the resolution as follows:

                                 H. Res. 1

            Resolved, That W. Pat Jennings, of the Commonwealth of 
        Virginia, be, and he is hereby, chosen Clerk of the House of 
        Representatives;
            That Zeake W. Johnson, Jr., of the State of Tennessee, be, 
        and he is hereby, chosen Sergeant at Arms of the House of 
        Representatives;
            That William M. Miller, of the State of Mississippi, be, 
        and he is hereby, chosen Doorkeeper of the House of 
        Representatives;
            That H. H. Morris, of the Commonwealth of Kentucky, be, and 
        he is hereby, chosen Postmaster of the House of 
        Representatives;
            That Reverend Edward O. Latch D.D., of the District of 
        Columbia, be, and he is hereby, chosen Chaplain of the House of 
        Representatives.

    Following introduction of this resolution, the chairman of the 
minority party caucus,(11) offered a substitute amendment 
containing the names of persons selected by the minority caucus to 
serve as officers:
---------------------------------------------------------------------------
11. Compare 111 Cong. Rec. 20, 89th Cong. 1st Sess., Jan. 4, 1965, for 
        an instance in which the minority did not offer a substitute 
        amendment.
---------------------------------------------------------------------------

        Mr. [John B.] Anderson of Illinois [Chairman of the Republican 
    Conference]: Mr. Speaker, I offer a substitute amendment. . . .
        The Clerk read the substitute amendment, as follows:

[[Page 576]]

            Amendment offered by Mr. Anderson of Illinois as a 
        substitute for the remainder of House Resolution 1:
            Resolved, That Joe Bartlett, of the State of Ohio, be, and 
        he is hereby, chosen Clerk of the House of Representatives;
            ``That Robert T. Hartmann, of the State of Maryland, be, 
        and he is hereby, chosen Sergeant at Arms of the House of 
        Representatives;
            ``That William R. Bonsell, of the Commonwealth of 
        Pennsylvania, be, and he is hereby, chosen Doorkeeper of the 
        House of Representatives;
            ``That Tommy Lee Winebrenner, of the State of Indiana, be, 
        and he is hereby, chosen Postmaster of the House of 
        Representatives.''

    After the substitute amendment was offered, the Speaker called for 
votes first on the amendment and then on the majority resolution:

        The Speaker [John W. McCormack, of Massachusetts]: The question 
    is on the substitute amendment.
        The substitute amendment was rejected.
        The Speaker: The question is on the resolution offered by the 
    gentleman from Texas (Mr. Teague).
        The resolution was agreed to.

        A motion to reconsider was laid on the table.
        The Speaker: Will the officers elected present themselves at 
    the bar of the House and take the oath of office?
        The officers-elect presented themselves at the bar of the House 
    and took the oath of office.

Sec. 16.2 Where the minority does not contest the majority's nominee 
    for Chaplain, it may request a separate vote for that office.

    Under the normal procedure for electing House officers, the 
chairman of the majority caucus offers a resolution which contains the 
names of the party's nominees for officers. The chairman of the 
minority caucus offers a substitute resolution containing the names of 
his party's nominees. However, when the minority does not contest the 
majority's nominee for a particular office, the chairman of the 
minority caucus may ask for a division of the House so that Members may 
have a separate vote on the uncontested office.
    For example, on Jan. 10, 1967,(12) and Jan. 3, 
1969,(13) members of the minority, Mr. Leslie C. Arends, of 
Illinois, and Mr. John B. Anderson, of Illinois, respectively, 
requested a division on the resolution so that a separate and unanimous 
vote could be held for the office of the Chaplain because the minority 
caucus, the Republican Conference, did not offer a candidate for that 
office. Thus, Mr. Anderson made the following statement.(14)
---------------------------------------------------------------------------
12. 113 Cong. Rec. 27, 90th Cong. 1st Sess.
13. 115 Cong. Rec. 35, 91st Cong. 1st Sess.
14. 115 Cong. Rec. 34, 91st Cong. 1st Sess., Jan. 3, 1969.
---------------------------------------------------------------------------

        Mr. Anderson of Illinois [Chairman of the Republican 
    Conference]: Mr.

[[Page 577]]

    Speaker, I have a substitute to offer to the resolution [majority 
    resolution for the election of officers], but before offering the 
    substitute I request that there be a division on the question on 
    the resolution so that we may have a separate vote on the office of 
    Chaplain.
        The Speaker [John W. McCormack, of Massachusetts]: The 
    gentleman from Illinois demands a division in relation to the 
    election of the Chaplain.
        The question is on agreeing to that portion of the resolution 
    providing for the election of the Chaplain [which was agreed to]. . 
    . .

Sergeant at Arms

Sec. 16.3 The Clerk has been elected to serve concurrently as Sergeant 
    at Arms, following the death of the incumbent.

    On July 8, 1953,(15) following the death that day of the 
Sergeant at Arms, William F. Russell, a Member, Charles A. Halleck, of 
Indiana, offered and the House agreed to the following resolution (H. 
Res. 323):
---------------------------------------------------------------------------
15. 99 Cong. Rec. 8242, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

            Resolved, That Lyle O. Snader, of the State of Illinois, 
        be, and he is hereby, chosen Sergeant at Arms of the House of 
        Representatives to serve in that capacity until another person 
        is chosen by the House of Representatives to be and duly 
        qualifies as Sergeant at Arms: Provided, That the said Lyle O. 
        Snader shall serve as Sergeant at Arms notwithstanding his 
        concurrent incumbency as Clerk of the House of Representatives, 
        but for his additional duties as Sergeant at Arms he shall 
        receive no compensation additional to that he receives as Clerk 
        of the House of Representatives.

    On the same date, the House(16) and 
Senate(17) passed the following joint resolution (H.J. Res. 
292):(18)
---------------------------------------------------------------------------
16. Id.
17. 99 Cong. Rec. 8203, 83d Cong. 1st Sess.
18. Parliamentarian's Note: This joint resolution was enacted to remove 
        doubt about the necessity to pay dual compensation, a practice 
        prohibited by statute (5 USC Sec. 58). See also Sec. 17.3, 
        infra.
---------------------------------------------------------------------------

            Resolved. That Lyle O. Snader, of the State of Illinois, 
        be, and he is hereby, authorized, notwithstanding the 
        provisions of any other law, to serve concurrently as Clerk and 
        Sergeant at Arms of the House of Representatives until another 
        person is chosen by the House of Representatives to be and duly 
        qualifies as Sergeant at Arms; and while the said Lyle O. 
        Snader is so serving the compensation received by him as Clerk 
        of the House of Representatives shall be in full discharge for 
        any services rendered by him to the House of Representatives 
        during such period of concurrent services.

    The joint resolution was offered in the House by Mr. Halleck, the 
Majority Leader.

Sec. 16.4 A temporary appointee to the office of Sergeant at Arms has 
    been elected Sergeant at Arms.

[[Page 578]]

    On Jan. 11, 1954,(19) the House agreed to the following 
resolution:
---------------------------------------------------------------------------
19. 100 Cong. Rec. 134, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That William R. Bonsell of the State of 
        Pennsylvania, be, and he is hereby, chosen Sergeant at Arms of 
        the House of Representatives.

    Mr. Bonsell had served as acting Sergeant at Arms since appointment 
by the Speaker, pursuant to 2 USCA  75a-1(a), on Sept. 15, 
1953.(20)
---------------------------------------------------------------------------
20. See Sec. 22.2, infra, for discussion of appointment of Mr. Bonsell 
        as acting Sergeant at Arms.
---------------------------------------------------------------------------

Sec. 16.5 A Sergeant at Arms was elected following the resignation of 
    the incumbent.

    On Sept. 25, 1972,(1) the Sergeant at Arms, Zeake W. 
Johnson, Jr., of Tennessee, having tendered his resignation, Mr. Olin 
E. Teague of Texas, offered and the House agreed to the following 
resolution (H. Res. 1134):
---------------------------------------------------------------------------
 1. 118 Cong. Rec. 31999, 32000, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That Kenneth R. Harding of the Commonwealth of 
        Virginia be, and he is hereby chosen Sergeant at Arms of the 
        House of Representatives, effective on October 1, 1972.

    Mr. Harding, the Sergeant at Arms-elect, presented himself at the 
bar of the House and took the oath of office.(2)
---------------------------------------------------------------------------
 2. See Sec. 22.3, infra, for discussion of circumstances preceding the 
        election of Mr. Harding.
---------------------------------------------------------------------------

Doorkeeper

Sec. 16.6 A Doorkeeper was elected following the death of the 
    incumbent.

    On Feb. 5, 1943,(3) the House agreed to the following 
resolution:
---------------------------------------------------------------------------
 3. 89 Cong. Rec. 634, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

            Resolved, That Ralph R. Roberts, of the State of Indiana, 
        be, and he is hereby, chosen Doorkeeper of the House of 
        Representatives.

    The incumbent Doorkeeper, Joseph J. Sinnott, had died on Jan. 27, 
1943.(4)
---------------------------------------------------------------------------
 4. See 89 Cong. Rec. 421, 78th Cong. 1st Sess., Jan. 28, 1943, for 
        announcement of Doorkeeper's death.
---------------------------------------------------------------------------

Chaplain

Sec. 16.7 A Chaplain who resigned because of illness was elected 
    Chaplain emeritus.

    On Jan. 30, 1950,(5) Mr. John W. McCormack, of 
Massachusetts, offered and the House agreed to the following House 
resolution (H. Res. 453):
---------------------------------------------------------------------------
 5. 96 Cong. Rec. 1095, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That immediately following his resignation as 
        Chaplain of the House of Representatives, James Shera 
        Montgomery be, and he is hereby, appointed Chaplain emeritus of 
        the House of Representatives, with salary at the basic rate of 
        $2,350 per annum, payable monthly, to be paid out of the 
        contingent fund

[[Page 579]]

        of the House until otherwise provided by law.(6)
---------------------------------------------------------------------------
 6. After the House agreed to the above resolution, the Speaker laid 
        before the House a letter of resignation from Rev. Montgomery 
        which indicated that the reason for his action was illness. The 
        resignation was accepted without objection.
            See also 6 Cannon's Precedents Sec. 31, for letter of 
        resignation of Rev. Henry N. Couden as Chaplain and House 
        resolution electing him Chaplain emeritus. Rev. Montgomery 
        succeeded Rev. Couden.
---------------------------------------------------------------------------

Sec. 16.8 A Chaplain was elected following resignation of the 
    incumbent.

    On Jan. 30, 1950,(7) Mr. Francis E. Walter, of 
Pennsylvania, offered and the House agreed to the following House 
resolution (H. Res. 454):
---------------------------------------------------------------------------
 7. 96 Cong. Rec. 1097, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That Rev. Bernard Braskamp, of the District of 
        Columbia, be, and he is hereby, chosen Chaplain of the House of 
        Representatives.
Rev. Braskamp succeeded Rev. Montgomery.

Sec. 16.9 A temporary appointee as Chaplain during one Congress was 
    elected Chaplain at the commencement of the next Congress.

    On Jan. 10, 1967,(8) at the commencement of the 90th 
Congress, Rev. Edward Gardiner Latch, D.D., L.H.D., who had served as 
acting Chaplain since his appointment on Mar. 14, 1966,(9) 
was elected Chaplain of the House in an uncontested vote.
---------------------------------------------------------------------------
 8. 113 Cong. Rec. 27, 90th Cong. 1st Sess.
 9. See Sec. 22.4, infra, for appointment of Rev. Latch.
---------------------------------------------------------------------------