[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 6. Officers, Officials, and Employees]
[C. House Officers]
[§ 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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