[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 37. Resignations]
[B. Resignation of a Member From the House]
[Â§ 3. Procedures and Forms]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 354-373]
 
                               CHAPTER 37
 
                              Resignations
 
               B. Resignation of a Member From the House
 
Sec. 3. Procedures and Forms


    A Member customarily resigns from the House by transmitting a 
letter of resignation directly to the executive authority of the 
Member's State and customarily informs the House that he has done so by 
letter to the Speaker, the latter communication being satisfactory 
evidence of the Member's resignation.(1)
---------------------------------------------------------------------------
 1. 2 Hinds' Precedents Sec. Sec. 1167-1176; 1 Hinds' Precedents 
        Sec. 567. When the executive authority of the State concerned 
        takes cognizance of a resignation, that executive declares a 
        vacancy and issues a writ of election to fill it. U.S. Const. 
        art. I, Sec. 2, clause 4; Ch. 8, Sec. 9, supra.
            The House in the 108th Congress changed Rule XX clause 5 to 
        codify the longstanding practice that the whole number of the 
        House is reduced when a vacancy arises. The change also 
        provided that the Speaker announce such reduction (without 
        appeal) and lay before the House any documentation he might 
        deem pertinent. See 149 Cong. Rec. 9, 10, 108th Cong. 1st 
        Sess., Jan. 7, 2003. The House also adopted changes to Rule I 
        clause 8(b), House Rules and Manual Sec. 632 (2007) for the 
        event of a vacancy in the Office of Speaker. See Ch. 38, 
        Sec. Sec. 1, 2.2, 
        infra.                          -------------------
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Resignations Submitted to the Executive Authority of a State; Procedure

Sec. 3.1 A Member properly submits his resignation from the House to an 
    official designated by State law and simply informs the House of 
    his doing so, the latter communication being satisfactory evidence 
    of the resignation,(1)  and the Speaker lays before the 
    House a letter from a Member transmitting a copy of his resignation 
    by letter to the executive authority of his State.
---------------------------------------------------------------------------
 1. 1 Hinds' Precedents Sec. 567.
---------------------------------------------------------------------------

    On Jan. 20, 2004,(2) the following proceedings occurred:
---------------------------------------------------------------------------
 2. 150 Cong. Rec. 65, 108th Cong. 2d Sess.
---------------------------------------------------------------------------

                 RESIGNATION FROM THE HOUSE OF REPRESENTATIVES

        The SPEAKER laid before the House the following resignation 
    from the House of Representatives:

                                    Congress of the United States,
                                         House of Representatives,
                                 Washington, DC, January 14, 2004.

                                                Hon. Dennis Hastert,
                                  Speaker, House of Representatives,
                                   Capitol Building, Washington, DC.

        Dear Mr. Speaker: Enclosed is a copy of my official resignation 
    letter that was sent to the Governor of South Dakota and the SD 
    Secretary of State.

[[Page 355]]

        I will be resigning from the House of Representatives effective 
    11:59 p.m. on January 20, 2004.
        Please let me know if there are any further formalities which I 
    must perform or accomplish to effectuate this resignation.
        Thank you for all the courtesies you have extended to me and 
    the people of South Dakota.

            Sincerely,
                                               William J. Janklow.

            Enclosure.

                                    Congress of the United States,
                                         House of Representatives,
                                 Washington, DC, January 14, 2004.

                                                   Hon. Mike Rounds,
                                           Governor of South Dakota,
                                                         Pierre, SD.
                                                  Hon. Chris Nelson,
                                                 Secretary of State,
                                                         Pierre, SD.

        Dear Governor Rounds and Secretary of State Nelson: I wish to 
    inform you that because of present circumstances, I am and will be 
    unable to perform the duties incumbent upon me in representing the 
    people of South Dakota as their US Representative.
        Therefore, I wish to inform you that I will resign from the 
    House of Representatives effective 11:59 p.m. on January 20, 2004.
        Representing the people of South Dakota in all the capacities 
    that I have over the years has brought a treasure of memories and 
    friends. This includes the year I have spent in the US House.
        I am thankful to the people of South Dakota for the courtesies 
    they have shown me.

            Sincerely,
                                               William J. Janklow.

    On Sept. 11, 1991,(3) the Speaker laid before the House 
a communication from a Member resigning his seat in the House.

 3. 137 Cong. Rec. 22616, 102d Cong. 1st Sess.

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                                                   Washington, DC,

                                               September 11, 1991.

                                               Hon. Thomas S. Foley,

                              Speaker, U.S. Capitol, Washington, DC.

        Dear Mr. Speaker: By the attached letter to Governor Robert P. 
    Casey, I have tendered my resignation as a Representative in 
    Congress for the 2nd Congressional District of Pennsylvania 
    effective at the close of business September 11, 1991.

              Sincerely,

                                              William H. Gray, III

                                               Member of Congress.

    On Sept. 8, 1982,(4) Speaker pro tempore Melvin Price, 
of Illinois, laid before the House a communication from a Member 
resigning his seat in the House.
---------------------------------------------------------------------------
 4. 128 Cong. Rec. 22856, 97th Cong. 2d Sess.

---------------------------------------------------------------------------
                                         House of Representatives,

                                Washington, D.C., August 25, 1982.

                                         Hon. Thomas P. O'Neill, Jr.

                            Speaker of the House of Representatives,

                                                    Washington, D.C.

        Dear Mr. Speaker: It is with considerable and understandable 
    regret and deep sadness that I submit my resignation as a 
    Representative of the 14th Congressional District of New York. Copy 
    of my statement is enclosed.
        All good wishes.

              Yours sincerely,

                                                    Fred Richmond.


[[Page 356]]





                                         House of Representatives,

                                Washington, D.C., August 25, 1982.

                                                    Hon. Hugh Carey,

                                        Governor, State of New York,

                                                      New York, N.Y.

        Dear Mr. Governor: It is with considerable and understandable 
    regret and deep sadness that I submit my resignation as a 
    Representative of the 14th Congressional District of New York. Copy 
    of my statement is enclosed.
        All good wishes.

              Yours sincerely,

                                                    Fred Richmond.

    On June 3, 1980,(5) the Speaker laid before the House a 
communication from a Member resigning his seat in the House.
---------------------------------------------------------------------------
 5. 126 Cong. Rec. 13005, 96th Cong. 2d Sess.

---------------------------------------------------------------------------
                                                     June 3, 1980.

                                          Hon Thomas P. O'Neill, Jr.

                                               Speaker of the House,
                                           House of Representatives.

        Dear Mr. Speaker: I hereby resign from the Office of the 
    Representative for the 13th Congressional District of Michigan, 
    effective immediately.
        In further compliance with applicable statutes, I have also 
    sent the same letter of resignation to the Honorable William 
    Milliken, Governor of the State of Michigan.

              Sincerely,

                                             Charles C. Diggs, Jr.

    On Sept. 3, 1975,(6) the Speaker laid before the House a 
communication from a Member resigning his seat in the House, as 
follows:
---------------------------------------------------------------------------
 6. 121 Cong. Rec. 27201, 94th Cong. 1st Sess.

---------------------------------------------------------------------------
                                Washington, D.C., August 14, 1975.

                                                   Hon. Ray Blanton,

                                       Governor, State of Tennessee,

                                                    Nashville, Tenn.

        Dear Governor Blanton: This is to respectfully inform you that 
    I am hereby resigning my seat as Tennessee's Fifth District 
    Representative to the United States House of Representatives 
    effective this date.

              Sincerely,

                                                Richard H. Fulton.



                                                September 3, 1975.

                                                    Hon Carl Albert,

                              Speaker, U.S. House of Representatives

                                               2205 Rayburn Building

                                              Washington, D.C. 20515

        Dear Mr. Speaker: On August 14, 1975, I transmitted my letter 
    of resignation from the U.S. House of Representatives, Fifth 
    Congressional District of Tennessee to Honorable Ray Blanton, 
    Governor, State of Tennessee.

              Respectfully,

                                                Richard H. Fulton.

    On Jan. 23, 1969,(7) Speaker John W. McCormack, of 
Massachusetts, laid before the House the following resignations:
---------------------------------------------------------------------------
 7. 115 Cong. Rec. 1571, 91st Cong. 1st Sess.

---------------------------------------------------------------------------
                                    Congress of the United States,

                                         House of Representatives,

                               Washington, D.C., January 21, 1969.

                                             Hon. John W. McCormack,


[[Page 357]]


                            Speaker of the House of Representatives.

        Sir: I beg leave to inform you that I have this day transmitted 
    to the governor of Wisconsin my resignation as a Representative in 
    the Congress of the United States from the 7th district of 
    Wisconsin.

                                    Melvin R. Laird.(8)
---------------------------------------------------------------------------
 8. Parliamentarian's Note: Rep. Laird's nomination to be Secretary of 
        Defense had been approved by the Senate on Jan 20, 1969 (Senate 
        Legislative Day of Jan. 10, 1969). See Sec. 5.11, infra, for 
        further information regarding the timing of Mr. Laird's 
        resignation.                          -------------------
---------------------------------------------------------------------------

                     RESIGNATION OF A MEMBER FROM THE HOUSE

        The SPEAKER laid before the House the following communication:

                                         House of Representatives,

                               Washington, D.C., January 21, 1969.

                                             Hon. John W. McCormack,

                                           House of Representatives,

                                                    Washington, D.C.

        Dear Mr. Speaker: Please consider this my formal resignation 
    from the House of Representatives of the Congress of the United 
    States in which I have served for the past four years as the Member 
    from California's 27th District. This resignation is to be 
    effective at the close of business, January 21, 1969. As you know, 
    the reason for this resignation is that I have accepted the 
    position of the Lieutenant Governor of California.
        At this time, I would like to take this opportunity to thank 
    you and all of my colleagues for your kindnesses, for your 
    cooperation, and above all for the privilege of knowing and working 
    in this, the greatest legislative body in the world.
        Kindest personal regards.

              Sincerely,

                                                      Ed Reinecke,

                                               Member of Congress.

    On May 4, 1964,(9) the Chair laid before the House 
communications which the Clerk read as follows:

 9. 110 Cong. Rec. 9946, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
                                                      May 1, 1964.

                                                Hon. John McCormack,

                                  Speaker, House of Representatives,

                                                    Washington, D.C.

        Dear Mr. Speaker: I hereby resign my office as Representative 
    in the Congress of the United States from the Fifth District of 
    South Carolina.
        I beg leave to inform you that I have this day transmitted to 
    the Governor of South Carolina my resignation as Representative in 
    the Congress of the United States from the Fifth District of South 
    Carolina.
        With great respect, I remain, your obedient servant,

                                               Robert W. Hemphill.



                                                      May 1, 1964.
                                   His Excellency Donald S. Russell,

                                         Governor of South Carolina.

        Sir: I hereby tender my resignation as a Member of the House of 
    Representatives in the Congress of the United States from the Fifth 
    District of South Carolina.

                                               Robert W. Hemphill.

[[Page 358]]

    On June 19, 1952,(10) the Speaker laid before the House 
the following communications, which were read by the Clerk:
---------------------------------------------------------------------------
10. 98 Cong. Rec. 7661, 82d Cong. 2d Sess.
---------------------------------------------------------------------------

      
                                    Congress of the United States,

                                          House of Representatives

                                 Washington, D. C., June 18, 1952.

                                                   Hon. Sam Rayburn,

          Speaker of the House of Representatives, Washington, D. C.

        Dear Mr. Speaker: I beg leave to inform you that I have this 
    day transmitted to the Governor of Texas my resignation as a 
    Representative in the Congress of the United States from the 
    Seventh District of Texas, effective midnight June 30, 1952.
        A copy of my letter to the Governor is enclosed herewith.

              Respectfully yours,

                                                      Tom Pickett,

                                               Member of Congress.

        [Enclosure.]

                                         House of Representatives,

                                 Washington, D. C., June 18, 1952.

                                                 Hon. Allan Shivers,

                                     Governor of Texas, Austin, Tex.

        Dear Governor: I hereby tender to you my resignation as a 
    Member of the House of Representatives in the Congress of the 
    United States from the Seventh District of Texas, effective 
    midnight, June 30, 1952.

              Respectfully yours,

                                                      Tom Pickett,

                                               Member of Congress.

    On May 12, 1938,(11) the Speaker laid before the House 
the following notice of resignation:
---------------------------------------------------------------------------
11. 83 Cong. Rec. 6775, 75th Cong. 3d Sess.
---------------------------------------------------------------------------

      
                                  Washington, D. C., May 11, 1938.

                                           Hon. William B. Bankhead,

                                  Speaker, House of Representatives,

                                                   Washington, D. C.

        My Dear Mr. Speaker: I beg to inform you that I have this day 
    transmitted to the Governor of Kentucky my resignation as a 
    Representative in the Congress of the United States from the Eighth 
    District of Kentucky, effective May 12, at 10 o'clock a. m. eastern 
    standard time.
        With kindest regards,

              I am truly,

                                                   Fred M. Vinson.

Resignations Submitted to House; Procedure

Sec. 3.2 A resignation submitted in the first instance to the Speaker 
    is laid before the House and spread upon the Journal, and the 
    executive authority of the State is notified of the vacancy if this 
    has not already been done by the Member.

    On Apr. 22, 1991,(1) Speaker pro tempore Dale E. Kildee, 
of Michigan, laid before the House a resignation submitted by a Member

[[Page 359]]

to the Speaker rather than to the executive authority of his State, a 
copy of the letter to the Speaker having been transmitted to the 
Governor.
---------------------------------------------------------------------------
 1. 137 Cong. Rec. 8742, 102d Cong. 1st Sess.
---------------------------------------------------------------------------

      
                                          House of Representatives

                                   Washington, DC, April 19, 1991.

                                               Hon. Thomas S. Foley,

                  Speaker of the House, The Capitol, Washington, DC.

        Dear Mr. Speaker: I hereby resign the office of Representative 
    for the Second Congressional District of Arizona, effective May 4, 
    1991.

              Sincerely,

                                                  Morris K. Udall.

        cc: Gov. Fife Symington.

    On Aug. 8, 1988,(2) Speaker pro tempore Paul E. 
Kanjorski, of Pennsylvania, laid before the House a telefacsimile of a 
letter from a Member informing the House of his resignation.
---------------------------------------------------------------------------
 2. 134 Cong. Rec. 21026, 100th Cong. 2d Sess.
---------------------------------------------------------------------------

      
                                          House of Representatives

                                   Washington, DC, August 5, 1988.

                                                    Hon. Jim Wright.
                            Speaker of the House of Representatives,
                                  H204, The Capitol, Washington, DC.

        Dear Mr. Speaker: I hereby resign as the Representative from 
    the 19th Congressional District, effective immediately.

              Sincerely,

                                                     Mario Biaggi,

                                               Member of Congress.

*

                                          House of Representatives

                                   Washington, DC, August 5, 1988.

                                                   Hon. Mario Cuomo,

             Governor of the State of New York, Executive Chambers, 
                                                         Albany, NY.

        Dear Governor Cuomo: I hereby resign as the Representative from 
    the 19th Congressional District, effective immediately.

              Sincerely,

                                                     Mario Biaggi,

                                               Member of Congress.

    On Mar. 9, 1982,(3) Speaker pro tempore Dale E. Kildee, 
of Michigan, laid before the House a resignation submitted by a Member 
to the Speaker rather than to the executive authority of his State.
---------------------------------------------------------------------------
 3. 128 Cong. Rec. 3557, 97th Cong. 2d Sess.
---------------------------------------------------------------------------

      
                                                 Washington, D.C.,

                                                    March 5, 1982.

                                        Hon. Thomas P. O'Neill, Jr.,

                                                        The Speaker,

                                           House of Representatives,

                                                    Washington, D.C.

        Dear Mr. Speaker: I hereby resign my office as a Representative 
    in Congress from the 30th Congressional District of California 
    effective at 12 o'clock Noon on Tuesday, March 9, 1982.

              Very truly yours,

                                              George E. Danielson,

                                               Member of Congress.

    On Apr. 29, 1981,(4) the Speaker laid before the House a 
resignation submitted by a Member to

[[Page 360]]

the Speaker rather than to the executive authority of his State.
---------------------------------------------------------------------------
 4. 127 Cong. Rec. 7815, 97th Cong. 1st Sess.
---------------------------------------------------------------------------

      
                                  Washington, D.C., Apr. 29, 1981.

                                        Hon. Thomas P. O'Neill, Jr.,

                                               Speaker of the House,

                                       The Capitol, Washington, D.C.

        Dear Mr. Speaker: Effective at the adjournment of the House on 
    Tuesday, May 5, 1981, I hereby resign as a Member of the House of 
    Representatives. I have also today notified the Governor of the 
    Commonwealth of Pennsylvania of my action.
        It has been an honor for me to serve the people of 
    Pennsylvania's Third Congressional District as a Member of this 
    body. I leave with nothing but the highest respect for this House 
    and with great appreciation to all of its members for the advice 
    and support that has been given me during my tenure here.
        It is my prayer that each Member will be granted special 
    insight as they deal with the difficulties facing our nation.

              Respectfully yours,

                                               Raymond F. Lederer,

                                               Member of Congress.

        The SPEAKER. The Chair will notify the Governor of the 
    Commonwealth of Pennsylvania of the resignation.

    On Sept. 1, 1976,(5) the Speaker laid before the House a 
resignation submitted by a Member to the Speaker, who secured an order 
of the House to notify the Governor.
---------------------------------------------------------------------------
 5. 122 Cong. Rec. 28887, 94th Cong. 2d Sess.
---------------------------------------------------------------------------

      
                                                September 1, 1976.

                                                Hon. Carl L. Albert,
                                  Speaker, House of Representatives,
                                                    Washington, D.C.

        Dear Sir: I hereby resign my office as Representative in 
    Congress of the United States from the 18th district of Ohio, 
    effective immediately.

              With great respect,

                                                    Wayne L. Hays.

        The SPEAKER. Without objection, the Speaker will notify the 
    Governor of the State of Ohio of the resignation of the gentleman 
    from Ohio.
        There was no objection.

    On July 12, 1957,(6) a Member submitted his letter of 
resignation to the House, whereupon the Speaker was authorized to 
inform the Governor of the State concerned.(7)
---------------------------------------------------------------------------
 6. 103 Cong. Rec. 11536, 85th Cong. 1st Sess.
 7. See Sec. 5.7, infra, where a Member resigned directly to the House, 
        the Governor not having acted on the Member's previous letter 
        of resignation.
---------------------------------------------------------------------------

      

        The SPEAKER. The Chair lays before the House the following 
    resignation:

                                                    July 12, 1957.
                                                   Hon. Sam Rayburn,
                            Speaker of the House of Representatives,
                                      The Capitol, Washington, D. C.

        Dear Mr. Speaker: I hereby resign my office as Representative 
    in the Congress of the United States from the 13th District of 
    Pennsylvania, effective September 1, 1957.

[[Page 361]]

        It would be remiss of me if I did not state how much I have 
    appreciated your many courtesies to me during the past years.
        With great respect, I am,

              Very sincerely yours,

                                         Samuel K. McConnell, Jr.,

                                               Member of Congress,

                                    13th District of Pennsylvania.

        The SPEAKER. Without objection, the Speaker will notify the 
    Governor of the State of Pennsylvania of the resignation of the 
    gentleman from Pennsylvania [Mr. McConnell].
        There was no objection.

    The Speaker's letter notifying the Governor of the resignation was 
as follows:

                                                    July 12, 1957.

                                  His Excellency George M. Leader,
                                         Governor of Pennsylvania,
                                         Harrisburg, Pennsylvania.

        Sir: Honorable Samuel K. McConnell, Jr. on Friday July 12, 
    1957, submitted his resignation as a Representative in the Congress 
    of the United States from the Thirteenth District of Pennsylvania, 
    effective September 1, 1957, and pursuant to the order of the House 
    of Representatives of Friday July 12, 1957, I have been directed to 
    so inform you.

              Very truly yours,

                                              Speaker Sam Rayburn.

Sec. 3.3 The Speaker has laid before the House a copy of a letter of 
    resignation from a Member to the executive authority of his State 
    or a communication from an executive authority attaching a copy of 
    such a letter.

    On Dec. 12, 1995,(1) Speaker pro tempore Ray LaHood, of 
Illinois, laid before the House a copy of a communication from a Member 
resigning his seat in the House.

 1. 141 Cong. Rec. 36224, 104th Cong. 1st Sess.


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                                    Congress of the United States,

                                         House of Representatives,
                                Washington, DC, December 12, 1995.

                                                    Hon Pete Wilson,

                                            Governor, State Capitol,

                                                     Sacramento, CA.

        Dear Mr. Governor: Obviously, you are aware of the recent turn 
    of events in my life. While I finally received my day in court, I, 
    unfortunately, was not judged by a jury of my peers and in my 
    opinion, did not receive a just verdict. Nevertheless, that verdict 
    is a reality pending appeal.
        As I stated to the media immediately after my verdict, it was 
    never my intention to put the Congress through a vote on expulsion 
    if I were convicted. Therefore, I am hereby tending my resignation 
    as representative of the 37th Congressional district effective 
    December 15, 1995.
        Contrary to what anyone has ever said or intimated, I have 
    never sold out my constituency or my oath of office. I am fully 
    persuaded that in the near future God will vindicate my name.

              Sincerely,

                                             Walter R. Tucker III.

    On Sept. 27, 1995,(2) the Speaker laid before the House 
a communication from the Governor of a

[[Page 362]]

State, including the attachment thereto of a copy of a communication 
from a Member of the House to that Governor by which the Member 
resigned his seat as a Member of the House.
---------------------------------------------------------------------------
 2. Id. at p. 26567.
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                                            Office of the Governor

                               Springfield, IL, September 8, 1995.

                                                 Hon. Newt Gingrich,

            Speaker of the House of Representatives, U.S. Congress, 
                                                     Washington, DC.

        Dear Speaker Gingrich: Attached please find the official letter 
    of resignation from Congressman Mel Reynolds of Illinois' Second 
    Congressional District.
        Pursuant to statelaw, I will take the appropriate steps to fill 
    the vacancy created by Congressman Reynolds' resignation. Please do 
    not hesitate to let me know if you have any questions regarding 
    this or any other matter.

              Sincerely,

                                                        Jim Edgar,

                                                         Governor.

        Attachment.

                                    Congress of the United States,

                                          House of Representatives

                                                   Washington, DC,
                                                September 1, 1995.

                                                     Hon. Jim Edgar,

                                        Governor, State of Illinois,

                                                    Springfield, IL.

        Dear Governor: Tonight I shall be announcing my resignation 
    from the 104th Congress. Please receive this letter as formal 
    notice to you of my official resignation effective October 1, 1995.
        It has been both an honor and a privilege to serve the people 
    of the Second Congressional District of Illinois.

              Sincerely,

                                                     Mel Reynolds.

Receipt During Adjournment Sine Die

Sec. 3.4 When the Speaker, during a period of adjournment, receives 
    notice of the resignation of a Member from the House, he informs 
    the House when it reconvenes.

    On Aug. 16, 1960,(1) following the adjournment of the 
86th Congress, the resignation of a Member was laid before the House as 
follows:

 1. 106 Cong. Rec. 16535, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
                                                   August 8, 1960.

    Hon. Sam Rayburn,

    Speaker, House of Representatives,

    Washington, D.C.

        Dear Sir: I hereby resign my office as Representative in the 
    Congress of the United States from North Dakota.
            Respectfully,

                                               Quentin N. Burdick.

    Parliamentarian's Note: On this occasion, the Speaker announced to 
the House that, pursuant to a previous order of the House authorizing 
the Speaker to accept resignations during the August recess of the 
House, he had, on Aug.

[[Page 363]]

8, 1960, accepted the resignation of Mr. Burdick as a Representative 
and had informed the Governor of North Dakota of the receipt of said 
resignation. However, in this case the Speaker misspoke, with respect 
to acceptance of the resignation, as the Speaker's authority to accept 
resignations during a recess is applicable to House officers and 
employees and other positions as to which the Speaker makes 
appointments, and not to Members, as to whose resignations no 
acceptance is necessary.
    On Jan. 7, 1959,(2) the resignations of certain Members, 
submitted after sine die adjournment of the 85th Congress, were laid 
before the House by the Speaker following the organization of the 86th 
Congress.
---------------------------------------------------------------------------
 2. 105 Cong. Rec. 15, 86th Cong. 1st Sess.


---------------------------------------------------------------------------
                                          House of Representatives

                              Washington, D.C., November 12, 1958.

                                                   Hon. Sam Rayburn,

                                               Speaker of the House,

                                           House of Representatives,

                                                    Washington, D.C.

        Sir: I beg leave to inform you that I have this day transmitted 
    to the Governor of Massachusetts my resignation as Representative 
    in the Congress of the United States from the 13th District of 
    Massachusetts, effective November 13, 1958.

              Sincerely yours,

                                          Richard B. Wigglesworth.



                                                December 29, 1958.

                                                   Hon. Sam Rayburn,

                                               Speaker of the House,

                                                        The Capitol,

                                                    Washington, D.C.

        Dear Mr. Speaker: I hereby resign as a Member of the House of 
    Representatives of the United States, effective at 12 o'clock 
    midnight, December 31, 1958.

              Very truly yours,

                                                  Henry J. Latham.

Sec. 3.5  The Speaker lays before the House, or, in case the House has 
    adjourned sine die, submits for the Congressional Record following 
    such adjournment, a letter from a Member advising of his 
    resignation (usually accompanied by a copy of the actual letter of 
    resignation that the Member submitted to the State official 
    concerned).(1)
---------------------------------------------------------------------------
 1. Parliamentarian's Note: Although the letter was dated Dec. 8 (the 
        last day of the first session), the original was not received 
        that day. Thus, the Speaker was not able to lay the letter down 
        and make an announcement of the reduced whole number of the 
        House under Rule XX clause 5(c) (now 5(d)), House Rules and 
        Manual Sec. 1024b (2007). He did make that announcement before 
        the call of the roll at the start of the second session.
---------------------------------------------------------------------------

    On Dec. 15, 2003,(2) the following proceedings occurred:
---------------------------------------------------------------------------
 2. 149 Cong. Rec. 32411, 108th Cong. 1st Sess.

---------------------------------------------------------------------------

[[Page 364]]

      
                                    Congress of the United States,
                                         House of Representatives,
                                                 December 8, 2003.

                                                        The Speaker,
                                           House of Representatives,
                                        The Capitol, Washington, DC.

        Dear Mr. Speaker: It has been a privilege to work with you. I 
    am grateful for the support, guidance and opportunities you have 
    provided during my years in the House--especially by allowing me to 
    play a leadership role in so many important healthcare initiatives. 
    As I begin a new path in Kentucky, I will appreciate even more the 
    trials of leadership and the courage of conviction you have 
    exemplified. Thank you for your friendship, and know that I have 
    come to admire the gracious and professional manner in which you 
    lead the House.
        During the past 5 years, I have had the great honor to serve as 
    the Representative for the people of the Sixth Congressional 
    District of Kentucky. My service in the U.S. Congress has been a 
    rewarding professional experience. I thank every one of my 
    constituents who put their trust and faith in my leadership.
        Having recently been selected by the people of Kentucky to 
    serve as the next Governor of that great Commonwealth, I will 
    resign my seat representing the Sixth Congressional District of 
    Kentucky effective, upon taking the gubernatorial oath of office at 
    midnight on Tuesday, December 9, 2003.
        I look forward to working with the distinguished Members of the 
    House in my new position, and have appreciated their friendship, 
    support, and collegiality during my years in Congress.

            Sincerely,
                                                   Ernie Fletcher,
                                               Member of Congress.



                                    Congress of the United States,
                                         House of Representatives,
                                                 December 8, 2003.
                                                   Hon. Paul Patton,
                                 Governor, Commonwealth of Kentucky,
                                                      Frankfort, KY.

        Dear Governor Patton: For the past five years, it has been my 
    honor and privilege to serve the people of Central Kentucky in the 
    U.S. House of Representatives. This past November, I was offered 
    another opportunity to serve the Commonwealth of Kentucky as the 
    next Governor.
        I hereby wish to tender my resignation as Kentucky's Sixth 
    Congressional District Representative effective upon taking the 
    gubernatorial oath of office on Tuesday, December 9, 2003.

            Sincerely,
                                                   Ernie Fletcher,
                                               Member of Congress.

    On Jan. 20, 2004,(3) at the convening of the House on 
the day set for commencement of the second session, the Speaker called 
the House to order and, following the opening prayer and without motion 
from the floor, ordered a call of the House to establish a quorum.
---------------------------------------------------------------------------
 3. 150 Cong. Rec. 64-66, 108th Cong. 2d Sess.
---------------------------------------------------------------------------

    Where a resignation letter had been received by the Speaker and 
printed in the Congressional Record following sine die adjournment of 
the first session, the

[[Page 365]]

Speaker announced a reduction in the whole number of the House pursuant 
to Rule XX clause 5(c)(4) before the call of the House to 
establish a quorum.
---------------------------------------------------------------------------
 4. House Rules and Manual Sec. 1024b (2007). Rule XX clause 5(c) was 
        redesignated Rule XX clause 5(d) in the 109th Congress.
---------------------------------------------------------------------------

    Parliamentarian's Note: Because Rep. Fletcher's resignation was 
effective before the instant day and because his letter was printed in 
the interim Congressional Record between sessions, his name was removed 
from the Clerk's roll before its call. Contrast this with the case on 
the roll of Rep. Janklow, whose letter was laid down this day (See 
Sec. 3.1, supra), but whose resignation was not effective until 
midnight: his name was included on the roll, and the Speaker announced 
the adjustment to the whole number of the House on the next 
day.(5)
---------------------------------------------------------------------------
 5. See 150 Cong. Rec. 137, 108th Cong. 2d Sess., Jan. 21, 2004.
---------------------------------------------------------------------------

                          ANNOUNCEMENT BY THE SPEAKER

        The SPEAKER. Under clause 5(c) of rule XX, the Chair announces 
    to the House that, in light of the resignation of the gentleman 
    from Kentucky (Mr. Fletcher), as indicated in the Record of 
    December 15, 2003, the whole number of the House is adjusted to 
    434.

Sec. 3.6 At the beginning of a new session, the Speaker calls the House 
    to order and, after the opening prayer, lays before the House any 
    letters notifying the Speaker of resignations from the House since 
    the last meeting of the House.

    On Jan. 15, 1968,(1) the Speaker laid before the House 
communications from two Congressmen(2) tendering their 
resignations.
---------------------------------------------------------------------------
 1. 114 Cong. Rec. 7, 90th Cong. 2d Sess.
 2. See Sec.  5.10, infra.
---------------------------------------------------------------------------

             RESIGNATION AS MEMBER OF THE HOUSE OF REPRESENTATIVES

        Th SPEAKER laid before the House the following communications, 
    which were read:

                                    Congress of the United States,

                                         House of Representatives,

                              Washington, D.C., December 15, 1967.

                                             Hon. John W. McCormack,
          Speaker of the U.S. House of Representatives, Washington, 
                                                                D.C.

        Dear Mr. Speaker: Herewith please find copy of my resignation 
    submitted to the Secretary of State, State of New York, as required 
    by law, effective January 1, 1968.
        It has been my privilege to have been able to serve with you 
    these many years under your great leadership. I will always 
    remember your wise counsel and guidance, as well as, the many 
    courtesies extended to me. I will treasure forever your friendship 
    and that of our colleagues with whom I have served.

[[Page 366]]

        With warmest personal regards and very best wishes, I am,

              Most Sincerely,

                                                Abraham J. Multer.

        Enclosure.



                                    Congress of the United States,

                                          House of Representatives

                                                December 19, 1967.

                                              Hon John W. McCormack,

           Speaker of the House of Representatives, Washington, D.C.

        Dear Mr. Speaker: This is to clarify the effective date of my 
    resignation from the House of Representatives. It is intended that 
    my resignation be effective as of midnight, December 31, 1967, 
    since my new post as Justice of the New York State Supreme Court 
    begins on January 1, 1968.
        With warm personal regards and best wishes, I am,

              Sincerely,

                                                Abraham J. Multer.



                                    Congress of the United States,

                                          House of Representatives

                              Washington, D.C., December 15, 1967.

                                                Hon John P. Lomenzo,

                                                 Secretary of State,

                                                  State of New York,

                                                        Albany, N.Y.

        Dear Mr. Secretary: Pursuant to the requirements of law, I 
    hereby give you notice that I am resigning as a Member of the 
    United States House of Representatives for the 13th District of New 
    York effective the first day of January 1968 on which date, I will 
    assume the office of Justice of the Supreme Court of the State of 
    New York to which position I was elected on November 7, 1967.

              Sincerely yours,

                                                Abraham J. Multer.

                                    -------------------RESIGNATION AS 
                     MEMBER OF THE HOUSE OF REPRESENTATIVES

        The SPEAKER laid before the House the following communication, 
    which was read:

                                    Congress of the United States,

                                         House of Representatives,

                               Washington, D.C., January, 1, 1968.

                                             Hon. John W. McCormack,
            Speaker of the House of Representatives, U.S. Congress, 
                                                    Washington, D.C.

        Dear Mr. Speaker: Attached is a copy of a letter this day 
    forwarded to Honorable Paul B. Johnson, Governor of the State of 
    Mississippi, tendering my resignation as a Member of the United 
    States House of Representatives effective on my taking the oath of 
    office as Governor of Mississippi on January 16, 1968.
        Mr. Speaker, I came to the Congress believing it to be the 
    greatest deliberative body on earth. After twenty-one years, I will 
    leave the Congress even more secure in that belief.
        I cherish the many friendships I have made here; and I take 
    this means through you to express profound appreciation to my 
    colleagues for their friendships and courtesies throughout the 
    years.
        My service in this body has brought satisfaction in 
    accomplishment, disappointment in defeat, heartache in frustration, 
    and joy in triumph. In all,

[[Page 367]]

    Mr. Speaker, these have been the most interesting and rewarding 
    years of my life. I will always be thankful for the privilege of 
    having been a part of this great institution.
        As I leave the Congress to assume a public position of greater 
    responsibility, I seek the prayers and good will of you and my 
    colleagues as we strive in common purpose to build a greater and 
    finer Republic.
        With sincere best wishes, I am,

              Respectfully,

                                               John Bell Williams.



                                    Congress of the United States,

                                         House of Representatives,

                                Washington, D.C., January 1, 1968.

                                               Hon. Paul B. Johnson,

                                                           Governor,

                                               State of Mississippi,

                                                      Jackson, Miss.

        Dear Governor Johnson: I hereby tender to you my resignation as 
    a Member of the House of Representatives in the Congress of the 
    United States from the Third District of Mississippi, to become 
    effective on January 16, 1968, on my taking the oath of office as 
    Governor of the State Of Mississippi.

              Respectfully yours,

                                               John Bell Williams.

Sec. 3.7 Election of a new Speaker being the first order of business 
    when a new Congress convenes (or when the Office of Speaker is 
    otherwise vacant), the resignation of a Member received during an 
    adjournment sine die  is not laid down before the election of a 
    Speaker (although the names of resigned Members are stricken from 
    the roll and are not called to establish a quorum or to elect the 
    Speaker).

    On Jan. 10, 1962,(1) at the convening of the second 
session of the 87th Congress, the Clerk, Ralph R. Roberts, called for 
nominations for the Office of Speaker. Nominations were made, a vote 
taken, and a Speaker elected. The newly elected Speaker(2) 
then laid before the House resignations of Members from the House 
received during the adjournment sine die between the first and second 
sessions of the 87th Congress:
---------------------------------------------------------------------------
 1. 108 Cong. Rec. 7, 87th Cong. 2d Sess. The Office of Speaker was 
        vacant due to the death of Speaker Sam Rayburn (TX) on Nov. 16, 
        1961, after the adjournment sine die of the first session of 
        the 87th Congress.
 2. John W. McCormack (MA).

---------------------------------------------------------------------------
                                                December 11, 1961.

                                 Office of the Speaker of the House,

                                           House of Representatives,

                                                    Washington, D.C.

        Dear Sir: On November 8, 1961, I submitted to Gov. Price 
    Daniels, of Texas, my resignation as Representative from the 13th 
    Congressional District in the Congress of the United States, 
    effective December 15, 1961.

[[Page 368]]

              Sincerely yours,
                                                      Frank Ikard,

                                               Member of Congress.



                                                 December 4, 1961.
                                             Hon. John W. McCormack,
                                                Speaker pro tempore,
                                           House of Representatives,
                                                    Washington, D.C.

        My Dear Mr. Speaker: Please be advised that I have today 
    transmitted to the Governor of the State of New York, Nelson A. 
    Rockefeller, my resignation as Representative in the Congress of 
    the United States from the Sixth Congressional District of New 
    York, which said resignation is to take effect as of midnight, 
    December 31, 1961.
        With every good wish and kindest and warmest regards, I am,

              Sincerely,
                                                  Lester Holtzman.

Sec. 3.8 When the Resident Commissioner from Puerto Rico resigns from 
    the House, the resulting vacancy is filled, pursuant to Federal 
    law, by appointment by the Governor of the Commonwealth of Puerto 
    Rico, subject to confirmation by the Senate of the Commonwealth of 
    Puerto Rico.

    On Mar. 4, 1992,(1) the Speaker laid before the House a 
letter from the Resident Commissioner to the United States from Puerto 
Rico, giving notice of his resignation, and a letter from the Governor 
announcing the appointment by the Governor of a new Resident 
Commissioner.(2)
---------------------------------------------------------------------------
 1. 138 Cong. Rec. 4386, 102d Cong. 2d Sess.
 2. Appointment (rather than special election) to fill a vacancy in the 
        position of Resident Commissioner is provided for by law 
        (Sec. 36 of Act of Mar. 2, 1917; 48 USC Sec. 892).
---------------------------------------------------------------------------

    Members representing the New York City areas of Harlem and the 
Bronx were invited by the Speaker to escort the newly appointed 
Resident Commissioner to the well to be sworn in.
    The letter from the Governor of Puerto Rico and the swearing in of 
the new Resident Commissioner were as follows:

                                      Commonwealth of Puerto Rico,
                                           Office of the Governor,
                                  San Juan, PR, February 21, 1992.

                                                Hon.Thomas S. Foley,
               Speaker, U.S. House of Representatives, the Capitol, 
                                                     Washington, DC.

        Dear Mr. Speaker: I have officially appointed Mr. Antonio J. 
    Colorado to fill the vacancy that will ensue on March 4, 1992, from 
    the resignation of Jaime B. Fuster as Resident Commissioner of the 
    Commonwealth of Puerto Rico in the United States House of 
    Representatives. The Senate of the Commonwealth of Puerto Rico has 
    confirmed Mr. Colorado's appointment, as required by Section 36 of 
    the 1950 Puerto Rican Federal Relations Act, 48 USC Sec. 745.
        With my best personal regards, I am

[[Page 369]]

              Sincerely yours,

                                                 Rafael Hernandez 
               Colon.                          -------------------

        SWEARING IN OF THE HONORABLE ANTONIO J. COLORADO OF PUERTO RICO 
                            AS A MEMBER OF THE HOUSE

        The SPEAKER. Will the gentleman from New York [Mr. Rangel] and 
    the gentleman from New York [Mr. Serrano] come forward to escort 
    the Resident Commissioner of Puerto Rico elect, the Honorable 
    Antonio J. Colorado, to the well to receive the oath of office?
        Mr. COLORADO appeared at the bar of the House and took the oath 
    of office administered by the Speaker as follows:

            Do you solemnly swear to support and defend the 
        Constitution of the United States against all enemies, foreign 
        and domestic; that you will bear true faith and allegiance to 
        the same; that you take this obligation freely, without any 
        mental reservation or purpose of evasion, and that you will 
        well and faithfully discharge the duties of the office on which 
        you are about to enter. So help you God.

        The SPEAKER. Congratulations, you are a Member of the House of 
    Representatives.

Sec. 3.9 State law may require that the State executive authority to 
    whom a Member's resignation is to be submitted is the State 
    secretary of State rather than the Governor.

    By letter to the Secretary of State of New York dated Nov. 7, 
1997,(1) Rep. Floyd H. Flake resigned as a Member effective 
Nov. 16, 1997. (On Oct. 9, 1997,(2) Mr. Flake had withdrawn 
an earlier putative resignation by letter to the Governor of New York 
dated Aug. 1, 1997, which proposed to be effective on Oct. 15, 1997, 
and which had been laid before the House on Sept. 3, 
1997.(3) State law required that a resignation be submitted 
to the State secretary of State, not the Governor.)
---------------------------------------------------------------------------
 1. See 143 Cong. Rec. 26709, 105th Cong. 1st Sess. See Sec. 5.1, 
        infra.
 2. Id. at p. 22020.
 3. Id. at p. 17526.
---------------------------------------------------------------------------

    The letters appear in the Congressional Record as follows:

                                         House of Representatives,

                                   Washington, DC, August 4, 1997.

                                                 Hon. Newt Gingrich,

                           Speaker of the House, The Capitol, H-232,

                                                     Washington, DC.

        Dear Mr. Speaker: This missive comes as an official 
    announcement of my resignation from the U.S. House of 
    Representatives, effective October 15, 1997.
        My duties and responsibilities as pastor of the Allen A.M.E. 
    Church in Jamaica, New York, has grown to such a level that I am 
    needed there on a more consistent basis. I have enjoyed the 
    opportunities that you have given me to converse with you regarding 
    my ideas for community, education, and economic development. I hope 
    that my leaving does not preclude our ability

[[Page 370]]

    to, in some way, continue these discussions in the future.
        With warmest regards, I am

              Sincerely,

                                                   Floyd H. Flake,

                                               Member of Congress.



                                         House of Representatives,

                                   Washington, DC, August 1, 1997.

                                              Hon. George E. Pataki,

                                                  State of New York,

                                  Office of the Governor, Albany, NY

        Dear Governor Pataki. This missive comes as an official 
    announcement of my resignation from the U.S. House of 
    Representatives, effective October 15, 1997.
        My duties and responsibilities as pastor of Allen A.M.E. Church 
    have grown to a level which necessitates my presence on a more 
    consistent basis.
        I have called your office, and hope to be able to speak with 
    you in the near future.
        With warmest regards, I am

              Sincerely,

                                                   Floyd H. Flake,

                                         Member of Congress. . . .



                                    Congress of the United States,

                                          House of Representatives

                                  Washington, DC, October 8, 1997.

                                           Hon. Alexander Treadwell,

                                                 Secretary of State,

                                                         Albany, NY.

        Dear Secretary Treadwell: After considering the needs of my 
    constituents and the short time remaining in this session, I intend 
    to remain in Congress at least until our legislative business is 
    completed.
        I have reviewed section 31 of the Public Officers law, and I 
    understand that my retirement announcement to the Governor on 
    August 4, 1997 was an erroneous interpretation of the statutory 
    requirements for resignations. Therefore, it is also my belief 
    that, according to section 31, any record of my resignation is not 
    effective since I have never directly notified your office of my 
    plans. I will, however, inform you of my plans at the appropriate 
    time, which in this case will be no more than thirty days prior to 
    my resignation.
        If there are any questions regarding my plans, please feel free 
    to contact me, or Sean Peterson, my Chief of Staff.
        With warmest regards, I am

              Sincerely,

                                                   Floyd H. Flake,

                                               Member of Congress.



                                         House of Representatives,

                                 Washington, DC, November 7, 1997.
                                           Hon. Alexander Treadwell,

                                                 Secretary of State,

                                                         Albany, NY.

        Dear Secretary Treadwell: Pursuant to section 31 of the Public 
    Officers law, I hereby inform you that I am resigning from the 
    United States House of Representatives. My resignation will become 
    effective at midnight on November 16, 1997.
        As you and the citizens of New York are well aware, I am 
    returning to my pastorate at the Allen A.M.E. church in Jamaica, 
    Queens. Although I have been called back to Allen to devote my 
    energy and full-time attention to its congregation, I am proud of 
    my service in Congress. It has been my distinct privilege to 
    represent the people of the 6th Congressional District of New York, 
    and an honor to serve the people of the United States of America.

[[Page 371]]

        With warmest regards, I am

              Sincerely,

                                                   Floyd H. Flake,

                                               Member of Congress.

    On Jan. 6, 1960,(4) the resignation of a Member, 
indicating that the Secretary of State of the State of New York had 
been notified, was laid before the House:

 4. 106 Cong. Rec. 5, 86th Cong. 2d Sess.

---------------------------------------------------------------------------
                                                December 31, 1959.

                                                   Hon. Sam Rayburn,

                            Speaker of the House of Representatives,

                                                    Washington, D.C.

        Dear Mr. Speaker: I beg leave to inform you that I have this 
    day transmitted to the secretary of state, State of New York, my 
    resignation as Representative in the Congress of the United States 
    from the 23d District of New York.

              Sincerely yours,

                                                Isidore Dollinger.

    Mr. Louis B. Heller, of New York, submitted his resignation to the 
Governor of New York on July 21, 1954; at the same time he tendered his 
resignation to the House, and these resignations were laid before the 
House on July 23, 1954, as follows: (5)
---------------------------------------------------------------------------
 5. 100 Cong. Rec. 11756, 83d Cong. 2d Sess.

---------------------------------------------------------------------------
                                   Brooklyn, N. Y., July 21, 1954.

                                         Hon. Joseph W. Martin, Jr.,

                 Speaker, House of Representatives, Washington, D.C.

        Dear Mr. Speaker: I herewith submit my resignation as a 
    Representative of the 83d Congress from the Eighth Congressional 
    District of New York to take effect on the 21st day of July 1954.
        I have the honor to enclose a copy of a letter addressed to the 
    Hon. Thomas E. Dewey, Governor of New York, notifying him of said 
    resignation.
        I have the honor to be, respectfully,

                                                  Louis B. Heller,

                                               Member of Congress,

                                        Eighth District, New York.

    Subsequently, Mr. Heller submitted to the Speaker another letter 
which, on July 29, 1954,(6) was laid before the House. In 
it, Mr. Heller explained that he had been advised that his resignation 
was required to be transmitted to the Secretary of State of the State 
of New York instead of the Governor.
---------------------------------------------------------------------------
 6. Id. at p. 12628.

---------------------------------------------------------------------------
                                                    July 28, 1954.

                                         Hon. Joseph W. Martin, Jr.,

                                  Speaker, House of Representatives,

                                                    Washington, D.C.

        Dear Mr. Speaker: I enclose herewith copy of a letter which I 
    have this day addressed to the Honorable Thomas J. Curran, 
    Secretary of the State of New York, notifying him of my resignation 
    as a Member of Congress from the Eighth Congressional District, New 
    York, which took effect on July 21, 1954.
        In my communication to you of July 21, 1954, I enclosed a copy 
    of a letter

[[Page 372]]

    addressed to Governor Dewey. Apparently, notice of my resignation 
    is required to be transmitted to the Secretary of the State of New 
    York (election law, State of New York, sec. 297), hence the 
    enclosed.
        With kindest regards, I am

              Sincerely,

                                    Louis B. Heller.(7)
---------------------------------------------------------------------------
 7. See also Sec. 5.10, infra, noting that the resignation of Mr. James 
        F. Battin (MT), was tendered to both the Governor and the 
        Secretary of State.
---------------------------------------------------------------------------

Sec. 3.10 There have been instances in which a Member's resignation 
    from the House has been accepted by the Governor of the Member's 
    State even though State law contemplated submission of such a 
    resignation to the State Secretary of State.

    On Jan. 3, 1956,(1) the Speaker laid before the House a 
copy of a communication from a Member from the State of New York that 
the Member had submitted to the Governor of that State and in which the 
Member tendered to the Governor (and not to the State Secretary of 
State, as specified in State law) his resignation as a Member of the 
House.
---------------------------------------------------------------------------
 1. 102 Cong. Rec. 4, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

      
                                    Congress of the United States,

                                         House of Representatives,

                             Washington, D. C., December 21, 1955.

                                    His Excellency Averell Harriman,

                                  Governor of the State of New York,

                                     The Executive Chamber, Capitol,

                                                       Albany, N. Y.

        Sir: I hereby tender to you my resignation as a Member of the 
    House of Representatives in the Congress of the United States from 
    the 22d District of New York, effective midnight, Monday, January 
    2, 1956.

              Respectfully yours,

                                                   Sidney A. Fine,

                                               Member of Congress.

    Similarly, on Jan 5, 1955,(2) sundry resignations were 
laid before the House. Among them was a letter from a Member from the 
State of New York stating that he had transmitted to the Governor of 
New York his resignation as a Member of the House.
---------------------------------------------------------------------------
 2. 101 Cong. Rec. 11, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

      
                               New York, N. Y., December 31, 1954.

                                         Hon. Joseph W. Martin, Jr.,

                            Speaker of the House of Representatives,

                                                    Washington, D.C.

        Sir: I beg leave to inform you that I have this day transmitted 
    to His Excellency Thomas E. Dewey, Governor of the State of New 
    York, my resignation as a Representative in the Congress of the 
    United States from the 21st Congressional District of New York.

              Respectfully,

                                                     J. K. Javits.

    Parliamentarian's Note: Mr. Javits also submitted his resignation 
to the Secretary of State of

[[Page 373]]

the State of New York, as required by State law.(3)
---------------------------------------------------------------------------
 3. See Sec. 3.9, supra.
---------------------------------------------------------------------------