[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 6.  Officers, Officials, and Employees]
[C. House Officers]
[Â§ 22. Vacancies; Selection of Successors]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 616-619]
 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                           C. HOUSE OFFICERS
 
Sec. 22. Vacancies; Selection of Successors

    The unexpected death of the Sergeant at Arms, William F. Russell, 
on July 8, 1953,(9) dramatically underscored the need for a 
mechanism to select acting officers. On that date,(10) the 
House authorized Lyle O. Snader, Clerk of the House, to serve 
concurrently as Clerk and Sergeant at Arms with the proviso that he 
would receive no additional compensation for performing the duties of 
the Sergeant at Arms.(11) Later, Congress passed a statute 
(2 USCA Sec. 75a-1) authorizing the Speaker to appoint a person to act 
as Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain 
whenever a vacancy occurs.(12)
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 9. See 99 Cong. Rec. 8263, 83d Cong. 1st Sess. for announcement of the 
        death of the Sergeant at Arms.
10. 99 Cong. Rec. 8242, 83d Cong. 1st Sess.
11. See Sec. 16.3, supra.
12. See Sec. 22.1, infra, for text of resolution.
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Appointments by Speaker

Sec. 22.1 The Speaker is authorized by statute to appoint temporary 
    officers to fill vacancies.

    On July 28, 1953,(13) Mr. Charles A. Halleck, of 
Indiana, of

[[Page 617]]

fered and the House passed the following bill (H.R. 6571) which was 
codified as 2 USC Sec. 75a-1 (approved Aug. 5, 1953):(14)
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13. 99 Cong. Rec. 10128, 83d Cong. 1st Sess.
14. See also 99 Cong. Rec. 10073, 83d Cong. 1st Sess., July 8, 1958, 
        for passage in Senate.
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        (a) In case of a vacancy, from whatever cause, in the office of 
    Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, of 
    the House of Representatives, or in the case of the incapacity or 
    inability of the incumbent of any such office to perform the duties 
    thereof, the Speaker of the House of Representatives may appoint a 
    person to act as, and to exercise temporarily the duties of, Clerk, 
    Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, as the case 
    may be, until a person is chosen by the House of Representatives 
    and duly qualifies as Clerk, Sergeant at Arms, Doorkeeper, 
    Postmaster, or Chaplain, as the case may be or until the 
    termination of the incapacity or inability of the incumbent.
        (b) Any person appointed pursuant to this section shall 
    exercise all the duties, shall have all the powers, and shall be 
    subject to all the requirements and limitations applicable with 
    respect to one chosen by the House of Representatives to fill the 
    office involved; but nothing in this section shall be held to 
    amend, repeal, or otherwise affect section 7 of the Legislative 
    Branch Appropriation Act, 1943 (2 U.S.C. sec. 75a).
        (c) Any person appointed pursuant to this section shall be paid 
    the compensation he would receive if he were chosen by the House of 
    Representatives to fill the office involved, unless such person is 
    concurrently serving in any office or position the compensation for 
    which is paid from the funds of the United States, in which case he 
    shall receive no compensation for services rendered pursuant to his 
    appointment under this section, and his compensation for performing 
    the duties of such office other than the one to which he is 
    appointed pursuant to this section shall be in full discharge for 
    all services he performs for the United States while serving in 
    such dual capacity.

Sec. 22.2 The Speaker, pursuant to 2 USCA Sec. 75a-1(a), appointed a 
    Sergeant at Arms following resignation of the incumbent who 
    concurrently held the office of Clerk.

    On Jan. 6, 1954,(15) the Speaker, Joseph W. Martin, Jr., 
of Massachusetts, laid before the House the following communication 
from the Clerk:
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15. 100 Cong. Rec. 8, 83d Cong. 2d Sess.
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            My Dear Mr. Speaker: I submit herewith, effective at the 
        close of business today, my resignation as Sergeant at Arms, 
        House of Representatives, which additional duty I assumed 
        pursuant to House Resolution 323, dated July 8, 1953, 83d 
        Congress.
              Respectfully yours,
                                               Lyle O. Snader,
                                                    Clerk of the
                                         House of Representatives.
At the same time the Speaker made the following announcement:

            The Chair announces that, pursuant to the provisions of 
        section

[[Page 618]]

        208(a) of the Legislative Reorganization Act of 1946 [2 USCA 
        75a-1], he did on September 15, 1953, appoint William R. 
        Bonsell, of the State of Pennsylvania, to act temporarily as 
        Sergeant at Arms until the House chooses a person for that 
        office.(16)
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16. 100 Cong. Rec. 8, 83d Cong. 2d Sess. See Sec. 16.4, supra, for the 
        election of Mr. Bonsell as permanent Sergeant at Arms.
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Sec. 22.3 The person who had resigned as permanent Sergeant at Arms was 
    appointed to fill the office on a temporary basis until a successor 
    could be chosen.

    On June 30, 1972,(17) the Speaker, Carl Albert, of 
Oklahoma, laid before the House a letter of resignation from the 
Sergeant at Arms, Zeake W. Johnson, Jr., effective June 30, 1972, and, 
pursuant to 2 USC Sec. 75a-1 (a) appointed him to act as and to 
exercise temporarily the duties of that office.
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17. 118 Cong. Rec. 23665, 92d Cong. 2d Sess.
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    Parliamentarian's Note: Mr. Johnson resigned as permanent Sergeant 
at Arms on this date to qualify for certain retirement benefits 
available to persons who left government service on or before the last 
day of the 1972 fiscal year. He agreed to serve as acting Sergeant at 
Arms until the Democratic Caucus nominated a candidate for the office 
of Sergeant at Arms.
    Mr. Johnson served as temporary Sergeant at Arms until Oct. 1, 
1972. On Sept. 25, 1972,(18) the Speaker, laid before the 
House the following communication from the acting Sergeant at Arms:
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18. 118 Cong. Rec. 31999, 32000, 92d Cong. 2d Sess.
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            Dear Mr. Speaker: On June 30, 1972, pursuant to the 
        provisions of the Legislative Reorganization Act of 1946, as 
        amended (2 U.S.C. 75-1(a)), you appointed me to act and to 
        exercise temporarily the duties of Sergeant at Arms of the 
        House of Representatives effective July 1, 1972.
            Since the Democratic Caucus has nominated a candidate for 
        the Office of Sergeant at Arms, I hereby tender my resignation 
        effective midnight September 30, 1972.
            In my leave-taking, I want to thank you, Members of the 
        House, and to say that words cannot adequately express my 
        feelings of gratitude and fulfillment for the privilege that 
        has been mine to serve the House of Representatives as Sergeant 
        at Arms.
              Sincerely,
                                          Zeake W. Johnson, Jr.,
                                                 Sergeant at Arms.

Sec. 22.4 The Speaker appointed an acting Chaplain following the death 
    of the incumbent.

    On Mar. 14, 1966,(19~) the Speaker, John W. McCormack, 
of Massachusetts, pursuant to 2 USC Sec. 75a-1(a), appointed Rev. 
Edward Gardiner Latch, D.D., L.H.D., to

[[Page 619]]

act as and exercise temporarily the duties of the Chaplain of the House 
of Representatives following the death of the Chaplain of the House, 
Rev. Bernard Braskamp.
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19. Cong. Rec. 5712, 89th Cong. 2d Sess.
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    Rev. Latch served as acting Chaplain until the end of the 89th 
Congress.(20)
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20. See Sec. 16.9, supra, for the election of Rev. Latch as Chaplain.
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