[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 38. Death]
[§ 2. Effect of Death on House Business; Presumptive Death of Member]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 569-586]
CHAPTER 38
Death
Sec. 2. Effect of Death on House Business; Presumptive Death of Member
The death of a Member is only formally recognized in one place
[[Page 570]]
in the rules of the House.(1) Clause 5 of Rule XX provides
that upon the death of a Member, the whole number of the House shall be
adjusted accordingly.(2) The death of the President, a
Member, or other national or foreign leader may affect the scheduling
of business in the House.(3) Those scheduling decisions have
varied over time depending on the person who has died and the House
schedule at the time of the death. When a Member-elect dies before the
House convenes for that Congress(4) and the state has
submitted his certificate of election, the Member-elect's name will be
carried on the roll of Members at the inception of a Congress to
establish a quorum.(5) The name will be deleted from
subsequent roll calls,(6) after the new House is officially
notified of the vacancy by announcement from the Clerk.
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1. Rule XX clause 5, House Rules and Manual Sec. 1024b (2007). The
Clerk has certain responsibilities upon the death of a Member
or former Speaker. See Id. at Rule II clause 2.
2. See Ch. 4, supra.
3. See Sec. Sec. 2.6, 2.8, infra.
4. See Chs. 1, 2, supra.
5. See Sec. 2.12, infra.
6. See Sec. 2.12, infra.
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The death of a Member after his introduction of a bill does not
preclude subsequent action on it as bills become the property of the
House when introduced.(7) The House may authorize another
Member to act as first sponsor of a bill or resolution for purposes of
adding co-sponsors and requesting reprints of the measure when the
actual first sponsor has died.(8) The death of a Member does
not invalidate his signature on a discharge petition but the signature
may be withdrawn by his successor.(9)
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7. See Sec. 2.11, infra.
8. See Sec. 2.9, infra.
9. See Sec. 2.10 infra.
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Pursuant to a rule adopted in the 108th Congress, in the event of a
vacancy in the Office of Speaker, including one as the result of death,
a designated Member acts as Speaker pro tempore until the election of a
Speaker or Speaker pro tempore.(10) Pending the election of
a Speaker or Speaker pro tempore, the Member acting as Speaker pro
tempore may exercise such authorities of the Office of the Speaker as
may be necessary and appropriate to that end.(11) Prior to
the 108th Congress, when a Speaker died during a session of Congress,
the Clerk generally called the House to order and presided until a new
Speaker was elected.(12)
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10. See Sec. 2.2, infra.
11. Id.
12. See Sec. Sec. 2.2, 2.3, infra; Chs. 1, 6, supra.
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[[Page 571]]
The House may presume the death of a missing Member-elect and
declare that Member's seat vacant. The authority for this derives from
art. I, Sec. 5 of the Constitution, which declares that each House
shall be the judge of the qualifications of its Members. Once the seat
is declared vacant, the Governor of the missing Member-elect's state
may call a special election (or appoint a representative to serve until
the next regular election) as required by art. I, Sec. 2 of the
Constitution. The House may declare the seat of a Member-elect vacant
where a Member-elect is not able to take the oath or resign due to an
incapacitating illness.(13)
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13. See Parliamentarian's Note at Sec. 2.17,
infra. -------------------
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Death of President
Sec. 2.1 Because of the funeral services for President John F. Kennedy,
business and special orders scheduled for Monday, Nov. 25, 1963,
were, by unanimous consent, transferred to Tuesday.
On Nov. 25, 1963,(1) after the assassination of
President John F. Kennedy, Mr. Abraham J. Multer, of New York, asked
for a transfer of business to the following day:
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1. 109 Cong. Rec. 22694, 88th Cong. 1st Sess.
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Mr. MULTER. Mr. Speaker, I ask unanimous consent that the
business in order for today shall be in order on tomorrow, and that
special orders in order for today shall be transferred to tomorrow
and shall precede those presently scheduled for tomorrow.
The SPEAKER pro tempore.(2) Is there objection to
the request of the gentleman from New York?
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2. James C. Wright, Jr. (TX).
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There was no objection.
Parliamentarian's Note: Consideration of a House joint resolution
continuing appropriations had been scheduled for that date.
Death of Speaker
Sec. 2.2 Rule I clause 8(1) provides for a Speaker to
designate a Member to act as Speaker pro tempore in a limited
capacity in the event of the Speaker's death. It provides that (1)
in the event of a vacancy in the Office of Speaker, including one
as the result of death, a designated Member acts as Speaker pro
tempore until the election of a Speaker or Speaker pro
tempore;(2) (2) that pending the election of a Speaker
or
[[Page 572]]
Speaker pro tempore, the Member acting as Speaker pro tempore may
exercise such authorities of the Office of the Speaker as may be
necessary and appropriate to that end;(3) and (3) as
soon as practicable after the Speaker's election and whenever he
deems it appropriate thereafter, the Speaker shall deliver to the
Clerk a list of Members in the order in which they should act as
Speaker pro tempore.(4)
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1. House Rules and Manual Sec. 632 (2007).
2. Id.
3. Id.
4. Id.
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On Mar. 13, 2003,(5) Speaker pro tempore Marsha
Blackburn, of Tennessee, made the following announcement:
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5. 149 Cong. Rec. 6118, 108th Cong. 1st Sess.
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The Chair announces that on February 10, 2003, the Speaker
delivered to the Clerk a letter listing Members in the order in
which each shall act as Speaker pro tempore under clause 8(b)(3) of
rule I.
Parliamentarian's Note: Rule I clause 8(b)(3)(C)(6) also
provides that for the purposes of appointing a Speaker pro tempore
under this rule, a vacancy in the Office of the Speaker may exist by
reason of the physical inability of the Speaker to discharge the duties
of the Office.
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6. House Rules and Manual Sec. 632 (2007).
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Sec. 2.3 Prior to the rules change in the 108th Congress, when a
Speaker died during a session of Congress, the Clerk called the
House to order, announced the death, and presided until a new
Speaker was chosen.
On June 4, 1936,(1) the House was called to order at 11
o'clock a.m. by South Trimble, Clerk of the House. He announced the
death of Speaker Joseph W. Byrns, of Tennessee, and advised that the
selection of a Member to preside as Speaker was in order.
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1. 80 Cong. Rec. 9016, 9017, 74th Cong. 2d Sess.
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The Clerk. Gentlemen of the House of Representatives, it
becomes my sad and painful duty to announce to the House the sudden
death of your beloved Speaker, the Honorable Joseph W. Byrns, a
Representative from the State of Tennessee.
Speaker Byrns presided over the House on yesterday, presumably
in his accustomed good health, but shortly after his arrival at his
apartment he was stricken and soon thereafter passed away. In his
death this House has suffered the loss of an able, fair, and
impartial presiding officer; the country a legislator of long
experience, a statesman of courage and marked ability; and his
State of Tennessee a noteworthy citizen.
[[Page 573]]
The duty of selecting one to preside over the deliberations of
the House now rests upon you.
Following this statement by the Clerk, Mr. John J. O'Connor, of New
York, offered a resolution that Majority Leader William B. Bankhead, of
Alabama, be elected Speaker, and moved for its adoption. The Clerk read
the resolution and it was agreed to by voice vote.
Mr. O'CONNOR. Mr. Clerk, in view of the unfortunate
circumstance in which we find ourselves, and with no disrespect to
our beloved Speaker who has left us, it becomes necessary, in order
that the House may function and the machinery of government may not
stop, that the House proceed to the election of a Speaker.
I present the following resolution and move its adoption.
The Clerk read as follows:
House Resolution 543
Resolved, That Hon. William B. Bankhead, a Representative
from the State of Alabama, be, and he is hereby, elected
Speaker of the House of Representatives.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. William B. Bankhead, as
Speaker of the House of Representatives.
The Clerk. The question is on agreeing to the resolution.
The resolution was agreed to.
Parliamentarian's Note: Speaker Byrns died in his apartment in the
Mayflower Hotel in Washington, D.C., at approximately 12:15 a.m., June
4, 1936. He was the first Speaker to die while Congress was in session,
and the third Speaker to die in office. (Speaker Michael C. Kerr [Ind.]
died Aug. 19, 1876, between sessions of the 44th Congress. Speaker
Henry T. Rainey [Ill.] died Aug. 19, 1934, after the second session of
the 73d Congress had adjourned.) When the House adjourned on June 3,
1936, it had agreed to meet at 11 o'clock a.m. the next morning. The
Speaker having died the morning of June 4, the House met as scheduled
and elected Rep. Bankhead as Speaker.(2)
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2. See Sec. 6.10, infra, for a resolution of sympathy adopted by the
House, and Sec. 11.1, infra, for a House resolution inviting
distinguished guests to attend the funeral in the Hall of the
House.
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Four years later, Speaker Bankhead died in office. On Sept. 16,
1940,(3) the Clerk of the House called the House to order at
12 o'clock noon and announced the death of Speaker Bankhead:
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3. 86 Cong. Rec. 12231-34, 76th Cong. 3d Sess.
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The Clerk. Members of the House of Representatives, it becomes
my sad and painful duty, as Clerk of the House of Representatives,
to inform you officially that your beloved Speaker passed away
yesterday morning at the Naval Hospital in this city.
[[Page 574]]
America has lost one of her greatest statesmen and patriots,
the House of Representatives a most able and eloquent Speaker, and
the State of Alabama a noble and courageous son.
In accordance with the rules and practice of the House of
Representatives, it now becomes the duty of this House to elect a
Speaker. What is the pleasure of the House?
Speaker Bankhead died in the Naval Hospital in Washington, D.C., at
1:35 a.m., Sept. 15 and was thus the second Speaker to die while
Congress was in session.
Following announcement by the Clerk of the death of Speaker
Bankhead, Mr. John W. McCormack, of Massachusetts, offered a resolution
that Mr. Sam Rayburn, of Texas, be elected Speaker. The resolution was
agreed to by voice vote. The Clerk appointed a committee to escort Mr.
Rayburn to the Chair, where the oath was administered by Mr. Adolph J.
Sabath, of New York.
Mr. McCORMACK. Mr. Clerk, in view of the unfortunate
circumstances in which the House finds itself, and with a feeling
of very profound respect for the memory of our beloved Speaker who
has left us, it becomes necessary, in order that the House may
continue to function and the machinery of Government may go on,
that the House proceed to the election of a Speaker.
I therefore offer the following resolution, and move its
adoption:
The Clerk read as follows:
House Resolution 602
Resolved, That Hon. Sam Rayburn, a Representative from the
State of Texas, be, and he is hereby, elected Speaker of the
House of Representatives.
Resolved, That the President and the Senate be notified by
the Clerk of the election of Hon. Sam Rayburn as Speaker of the
House of Representatives.
The resolution was agreed to.
Sec. 2.4 The Clerk called the House to order at the beginning of the
second session of the 87th Congress and announced that Speaker
Rayburn had died during the sine die adjournment.
On Jan. 10, 1962,(1) the Clerk of the House, Ralph R.
Roberts, called the House to order.
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1. 108 Cong. Rec. 5, 87th Cong. 2d Sess. See also Chs. 1, 2, and 6,
supra.
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Speaker Sam Rayburn, of Texas, presided over the House for the last
time on Aug. 30, 1961. On Aug. 31, he departed from Washington for his
home in Texas, and Majority Leader John W. McCormack, of Massachusetts,
was elected (by resolution) Speaker pro tempore during the absence of
the Speaker.
The first session of the 87th Congress adjourned sine die on Sept.
27, 1961. Speaker Rayburn died on Nov. 16, 1961, in Bonham, Texas.
The House met at 12 o'clock noon and was called to order by the
Honorable Ralph R. Roberts, Clerk of the House.
[[Page 575]]
The Clerk. Members of the House of Representatives, the time
has arrived for the meeting of the 2d session of the 87th Congress.
Since the last session of Congress the great and beloved Speaker of
the House has departed this life.
The Clerk of the House, in conformity with the rules, has
called the House to order for the purpose of electing a Speaker.
The roll will be called to ascertain whether a quorum is present.
The Clerk will call the roll. . . .
The Clerk. Four hundred and eleven Members having answered to
their names, a quorum is
present. -------------------
ELECTION OF SPEAKER
The Clerk. Nominations for Speaker of the House of
Representatives are now in order. . . .
The Clerk. The tellers agree in their tally. The total number
of votes cast was 414, of which the Honorable John W. McCormack
received 248, and the Honorable Charles A. Halleck received 166.
Two voted ``present.'' Therefore, the Honorable John W. McCormack
of Massachusetts is the duly elected Speaker of the House of
Representatives for the 87th Congress.
The Clerk appoints the following Members to escort the Speaker-
elect to the Chair: The gentleman from Indiana [Mr. Halleck] and
the gentleman from Oklahoma [Mr. Albert].
(The Doorkeeper announced the Speaker-elect of the House of
Representatives, who was escorted to the Chair by the committee of
escort.)
Death of Member
Sec. 2.5 The former tradition of the House was to postpone scheduled
business and immediately adjourn out of respect upon the death of
one of its Members. The more recent practice is that the House
considers a resolution of sympathy sometime during the legislative
day that provides in part that ``when the House adjourns today, it
adjourn as a further mark of respect to the memory of the
deceased'' and continues with further business.(1)
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1. See also Ch. 36, supra, for memorial services for former Members.
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On Oct. 1, 2002,(2) the following resolution was offered
by Rep. Neil Abercrombie, of Hawaii. Following its adoption, the House
proceeded onto other business, including motions to suspend the rules
and later adjourned in memory of the deceased.(3)
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2. 148 Cong. Rec. 18777, 107th Cong. 2d Sess.
3. Id. at p. 18815.
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H. Res. 566
Resolved, That the House has heard with profound sorrow of the
death of the Honorable Patsy T. Mink, a Representative from the
State of Hawaii.
Resolved, That a committee of such Members of the House as the
Speaker may designate, together with such Members of the Senate as
may be joined, be appointed to attend the funeral.
Resolved, That the Sergeant at Arms of the House be authorized
and directed to take such steps as may be
[[Page 576]]
necessary for carrying out the provisions of these resolutions and
that the necessary expenses in connection therewith be paid out of
applicable accounts of the House.
Resolved, That the Clerk communicate these resolutions to the
Senate and transmit a copy thereof to the family of the deceased.
Resolved, That when the House adjourns today, it adjourn as a
further mark of respect to the memory of the deceased.
Sec. 2.6 The former tradition of the House was to postpone scheduled
business and immediately adjourn out of respect upon the death of
one of its sitting Members.
On June 23, 1969,(1) Mr. H. R. Gross, of Iowa, obtained
unanimous consent to transfer a special order (in view of an
anticipated early adjournment out of respect for the late Mr. William
H. Bates, of Massachusetts).
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1. 115 Cong. Rec. 16795, 91st Cong. 1st Sess.
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Mr. GROSS. Mr. Speaker, I ask unanimous consent that the
special order I have for this afternoon be transferred to tomorrow.
The SPEAKER.(2) Without objection, it is so ordered.
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2. John W. McCormack (MA).
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There was no objection.
Immediately after consent to Mr. Gross' request, certain Senate
bills and joint and concurrent resolutions were referred. The death of
Mr. Bates was then announced and the remainder of the day's session was
devoted to eulogies, concluding with a resolution (H. Res. 450) of
sympathy offered by Mr. Silvio O. Conte, of Massachusetts. The final
resolving clause called for the House to adjourn as a further mark of
respect.(3)
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3. 115 Cong. Rec. 16801, 91st Cong. 1st Sess.
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Sec. 2.7 The House was not in session on a Wednesday of a legislative
week to allow Members to attend funeral services for a deceased
colleague.
Rep. George E. Brown, of California, died on July 15, 1999. On July
22, 1999,(1) Rep. Pete Sessions, of Texas, made the
following announcement with regard to Wednesday, July 28, 1999, during
remarks on the legislative schedule for the following week:
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1. 145 Cong. Rec. 17312, 106th Cong. 1st Sess.
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Mr. SESSIONS. . . . [I]t is my understanding the House will be
in pro forma session and that no votes will be held in
accommodation of Republican and Democrat Members who wish to attend
services for our colleague, George Brown.
Parliamentarian's Note: The House was not in session on Wednesday,
July 28, 1999.
Sec. 2.8 By unanimous consent, the vote on final passage of a
[[Page 577]]
bill in the House was postponed until a later time on that day, due
to the absence of a funeral committee that was attending the
services for a deceased colleague.
On Aug. 12, 1970,(1) the Committee of the Whole rose and
the Chairman reported a bill (H.R. 17570) back to the House. The bill
was ordered to be engrossed and read a third time, and Speaker pro
tempore Carl Albert, of Oklahoma, put the question on the passage of
the bill:
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1. 116 Cong. Rec. 28510, 28511, 91st Cong. 2d Sess.
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The SPEAKER pro tempore. The question is on passage of the
bill.
The question was taken, and the Speaker pro tempore announced
that the ``ayes'' appeared to have it.
Mr. [William L.] SPRINGER [of Illinois]. Mr. Speaker, I object
to the vote on the ground that a quorum is not present and make the
point of order that a quorum is not present.
I ask unanimous consent in view of the fact that there are
Members attending the funeral of our deceased colleague, Mr. G.
Robert Watkins, that the vote be taken on this measure at a time
not earlier than 4 o'clock.
The SPEAKER pro tempore. Does the gentleman withdraw his point
of order?
Mr. SPRINGER. Mr. Speaker, I withdraw the point of order.
The SPEAKER pro tempore. Is there objection to the request of
the gentleman from Illinois?
There was no objection.
The SPEAKER pro tempore. The vote will be put over until not
sooner than 4 o'clock.
Parliamentarian's Note: In accordance with a provision of House
Resolution 1183, a resolution of sympathy was adopted on Aug. 10,
1970.(2) Pursuant to the announcement of the death of Mr. G.
Robert Watkins, of Pennsylvania, the Speaker pro tempore appointed a
committee to attend the funeral of the late Member. This committee
consisted of: (1) the senior Member of the Pennsylvania delegation; (2)
the Majority and Minority Leaders and Minority Whip; (3) the remainder
of the Pennsylvania delegation in order of seniority, and (4) other
Members who desired to attend, in order of seniority.
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2. 116 Cong. Rec. 28100, 91st Cong. 2d Sess.
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[The absence of these Members who were attending the funeral at the
time the vote was called on H.R. 17570, accounted for the absence of a
quorum.]
Thus, Mr. Springer continued, after noting the absence of a quorum,
to propose that by unanimous consent the vote be postponed.
Sec. 2.9 The House by unanimous consent may authorize a
[[Page 578]]
Member to act as first sponsor of a bill for the purposes of adding
co-sponsors and requesting reprints pursuant to Rule XII clause
7(1) where the actual first sponsor has died.
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1. House Rules and Manual Sec. 825 (2007).
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Rep. Bruce Vento, of Minnesota, died on Oct. 10, 2000. Rep. Vento
was the prime sponsor of H.R. 1239. On Oct. 24, 2000,(2) the
following unanimous consent agreement was entered into on the floor:
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2. 146 Cong. Rec. 23953, 106th Cong. 2d Sess.
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Mr. [Ed] MARKEY [of Massachusetts]. Mr. Speaker, I ask
unanimous consent that I may hereafter be considered as the primary
sponsor of H.R. 1239, a bill originally introduced by
Representative Bruce Vento of Minnesota, for the purpose of adding
cosponsors and requesting reprintings under clause 7 of rule XII.
The SPEAKER pro tempore.(3) Is there objection to
the request of the gentleman from Massachusetts?
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3. Ed Pease (IN).
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There was no objection.
Sec. 2.10 Where a Member signed a discharge motion and subsequently
died, his successor obtained unanimous consent that his
predecessor's name be removed so that he might sign it.
On Jan. 16, 1950,(1) Mr. John F. Shelley, of California,
was recognized for a unanimous-consent request.
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1. 96 Cong. Rec. 436, 81st Cong. 2d Sess. See also Ch. 18, Sec. 1.5,
supra.
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Mr. SHELLEY. Mr. Speaker, my predecessor, the Honorable Richard
J. Welch, signed Discharge Petition No. 15. I desire to have my
name entered on this petition. I ask unanimous consent that his
name be taken off the petition so that I may sign it.
The SPEAKER.(2) Is there objection to the request of
the gentleman from California?
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2. Sam Rayburn (TX).
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There was no objection.
Sec. 2.11 Bills become the property of the House when introduced and
the House may act on a bill following the death of the Member that
introduced it.
On June 24, 1964,(1) H.R. 7307, to amend the Internal
Revenue Codes, was reported,(2) and on June 29,
1964,(3) the bill was agreed to. The proceedings were as
follows:
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1. 110 Cong. Rec. 14958, 88th Cong. 2d Sess.
2. H. Rept. No. 88 1516.
3. 110 Cong. Rec. 15276, 15277, 88th Cong. 2d Sess.
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Mr. [Wilbur D.] MILLS [of Arkansas]. Mr. Speaker, I ask
unanimous consent for the immediate consideration of the bill (H.R.
7307) to amend
[[Page 579]]
the Internal Revenue codes of 1939 and 1954. . . .
The Clerk read the title of the bill.
The SPEAKER pro tempore.(4) Is there objection to
the request of the gentleman from Arkansas [Mr. Mills]? . . .
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4. Carl Albert (OK).
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Mr. MILLS. Mr. Speaker, I think it is appropriate to point out
at this time that this is a bill which was sponsored by and
considered in the committee during the lifetime of our
distinguished late colleague, Hon. Howard Baker, and also in which
there was a great deal of interest expressed by another former late
colleague on the committee, the gentleman from Pennsylvania, Hon.
William Green. Mr. Baker's name is still carried on the bill as the
author of the bill. . . .
Parliamentarian's Note: Bills become the property of the House when
introduced and the death of the sponsoring Member after introduction
does not preclude subsequent action thereon. Thus, on one occasion, a
bill was reported in the name of a Member who had been killed in an
accident a few days earlier.(5) On another occasion, the
House has also concurred in the Senate amendment to a bill that was
introduced by a Member who had died earlier that year.(6)
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5. See 111 Cong. Rec. 15698, 89th Cong. 1st Sess., July 6, 1965, where
a bill (S. 956) was referred to the Committee of the Whole
House on the state of the Union by Rep. T. Ashton Thompson (LA)
who had been killed in an automobile accident on July 1, 1965.
6. See 144 Cong. Rec. 26456-58, Oct. 15, 1998, where the House
concurred in the Senate amendment to H.R. 700 that was
introduced by Rep. Sonny Bono (CA) who died on Jan. 5, 1998.
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Death of Member-elect
Sec. 2.12 When a Member-elect dies before the House convenes, his name
is included on the roll call by states to establish a quorum, but
is deleted from subsequent calls after the House is officially
informed of his death.
On Jan. 4, 2005,(1) at the beginning of the 109th
Congress, the Clerk of the 108th Congress called the House to order.
Following the opening prayer, he caused the roll to be called by
states, the Members-elect responding, in order to establish a quorum.
Member-elect Robert T. Matsui, of California, had died on Jan. 1, 2005.
His name was included on the roll of Members-elect for the quorum call
because his certificate of election was on file with the Clerk.
Following the quorum call, the Clerk
[[Page 580]]
announced the vacancy and Member-elect Matsui's name was removed from
the rolls.
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1. 151 Cong. Rec. 36-39, 109th Cong. 1st Sess.
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On Jan. 3, 2001,(2) at the beginning of the 107th
Congress, the Clerk of the 106th Congress presided over the
organization of the House. Member-elect Julian C. Dixon, of California,
had died on Dec. 8, 2000, and the House adopted a resolution expressing
sorrow over his death on that day while in ``lame-duck'' session of the
106th Congress. His certificate of election had been received and his
name was included on the roll of Members-elect. After the quorum call,
the Clerk announced the vacancy and Member-elect Dixon's name was
removed from the rolls.
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2. 147 Cong. Rec. 19, 20, 107th Cong. 1st Sess.
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Death of an Officer
Sec. 2.13 In the case of a vacancy among the elected officers of the
House, the Speaker is authorized by Sec. 208 of the Legislative
Reorganization Act of 1946 (2 USC Sec. 75a-1) to appoint a person
``to act as, and to exercise temporarily the duties of'' the vacant
office until a successor is elected.
Parliamentarian's Note: 2 USC Sec. 75a-1 was enacted in response to
the death of the Sergeant at Arms of the House, William F. Russell on
July 8, 1953.(1) This statutory authority has not yet been
used to fill a vacancy following the death of an officer.
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1. See Sec. 2.14, infra.
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Death of Sergeant at Arms
Sec. 2.14 The Sergeant at Arms of the House, William F. Russell, having
died, the House by resolution elected the Clerk of the House, Lyle
O. Snader, to serve temporarily and concurrently as Sergeant at
Arms, without additional compensation, until another person should
be elected and qualify as Sergeant at Arms. A joint resolution was
also adopted and enacted into law to permit the Clerk of the House
to serve concurrently as Sergeant at Arms and providing that his
salary as Clerk of the House should be in full discharge for his
services to the House during such concurrent service.
On July 8, 1953,(1) a resolution was adopted by the
House on the death of its Sergeant at Arms,
[[Page 581]]
electing the Clerk of the House as Sergeant at Arms of the House,
without additional compensation until another person could be chosen
and qualify. The proceedings were as follows:
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1. 99 Cong. Rec. 8242, 83d Cong. 1st Sess. For further discussion, see
Ch. 6, supra.
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Mr. [Charles A.] HALLECK [of Indiana]. Mr. Speaker, I offer a
joint resolution (H. J. Res. 292) and ask for its immediate
consideration.
The Clerk read as follows:
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 service.
The joint resolution was ordered to be engrossed and read a
third time, was read the third time, and passed, and a motion to
reconsider was laid on the table.
The SPEAKER.(2) Mr. Snader will present himself at
the bar of the House to take the oath of office.
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2. Joseph W. Martin, Jr. (MA).
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Mr. Snader appeared at the bar of the House and took the oath
of office.
Parliamentarian's Note: House Joint Resolution 292, enacted into
law as Public Law No. 83-106, was passed to resolve conflicting
opinions about whether one person could occupy two elective offices of
the House at the same time and the necessity to pay dual compensation,
which, if paid or required to be paid, might have made it illegal for
one person to occupy two offices under Federal dual compensation laws.
Presumptive Death of Member
Sec. 2.15 At the inception of the 93d Congress, the Clerk reported to
the House an action he had taken pursuant to the Speaker's
instructions regarding the presumptive deaths of two Members-elect.
On Jan. 3, 1973,(1) prior to the election of a Speaker,
the Clerk of the House, W. Pat Jennings, made the following
announcement explaining action taken with regard to the presumptive
deaths on Oct. 16, 1972, of Members-elect Nick Begich, of Alaska, and
Hale Boggs, of Louisiana, the Majority Leader in the 92d Congress:
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1. 119 Cong. Rec. 12, 93d Cong. 1st Sess.
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The Clerk. . . .
On December 20, 1972, the Speaker directed a letter to the
Clerk of the House which the Clerk will read.
Washington, D.C.,
December 20, 1972.
[[Page 582]]
Hon. W. Pat Jennings,
Clerk, House of Representatives,
Washington D.C.
Dear Mr. Jennings: When the 93rd Congress convenes on January
3, 1973, the House will be confronted with a situation which is
unprecedented in our history. I refer, of course, to the
probability that the Representatives-elect from the Second
Congressional District of Louisiana and from the at-large seat in
Alaska will not appear to take the oath of office at noon on that
day.
While it is common knowledge that Representatives-elect Hale
Boggs and Nick Begich, together with Russell L. Brown and Don Jonz
of the State of Alaska, departed by plane from Anchorage, Alaska,
on October 16, 1972 on a flight bound for Juneau, Alaska, and have
been missing since that date, any action which the House might take
to declare their seats vacant, or otherwise pertaining to their
status as Representatives-elect, should, I believe, be based upon
the most reliable and official documentary evidence available as of
January 3, 1973.
I therefore request that you obtain, for transmittal to the
House when it convenes on January 3, 1973, certified copies of any
judicial determination and other relevant information then
available with respect to the status of the persons in question.
Such documentary evidence will then enable the House to more
properly discharge its constitutional responsibility in this
matter.
Sincerely,
Carl Albert.
The Clerk. Pursuant to the Speaker's instructions the Clerk has
forwarded to the Speaker a certified copy of the certificate of
presumptive death of the Honorable Nick Begich, of Alaska.
Also contained in the certified information which the Clerk has
forwarded to the Speaker is documentary evidence that the Honorable
Hale Boggs, a Representative-elect from the State of Louisiana, was
a passenger on a flight from Anchorage, Alaska, to Juneau, Alaska,
on October 16, 1972.
Sec. 2.16 At the inception of the 93d Congress, the Speaker laid before
the House communications from the Clerk, transmitting documentary
evidence of the presumptive death of a Member-elect and the
declaration of a vacancy by the Governor; and transmitting
documentary evidence indicating that the status of another missing
Member-elect had not been officially determined by any state
authority.
On Jan. 3, 1973,(1) Speaker Carl Albert, of Oklahoma,
laid before the House the following communication from the Clerk of the
House of Representatives:
1. 119 Cong. Rec. 15, 93d Cong. 1st Sess.
Washington, D.C.,
January 2, 1973.
Hon. Carl Albert,
[[Page 583]]
The Speaker,
U. S. House of Representatives.
Dear Mr. Speaker: This is in further reply to your letter of
December 20, 1972, wherein you requested transmittal to the House
of Representatives when it convenes on January 3, 1973, certified
copies of any ``judicial determinations and any other relevant
information available'' with respect to the status of
Representative-elect Nick Begich from the at-Large seat of Alaska
and Representative-elect Hale Boggs from the Second Congressional
District of Louisiana.
Attached herewith is a certified copy of the Certificate of
Presumptive Death, the Presumptive Death Jury Verdict, and Order
signed by Alaska District Court Judge Dorothy D. Tyner on December
29, 1972, for the Honorable Nick Begich, at-Large Representative
for Alaska, who was one of three passengers in an airplane that
departed from Anchorage on a flight bound for Juneau, Alaska on
October 16, 1972, and disappeared, together with Judge Tyner's
covering letter of December 29, 1972, that was received this date.
I have also received this date from the Alaska District Court a
certified copy of the transcript of the Presumptive Death Hearing
concerning the airplane's October 16, 1972, disappearance with its
pilot and passengers, together with 45 color slides depicting the
search areas which were shown to the hearing jury. Your attention
is respectfully invited to pages 19, 20, 21, 26, 37, 50, 103 and
106 of the hearing transcript that discuss the presence of the
Honorable Hale Boggs as a passenger on the October 16, 1972,
Anchorage to Juneau flight that disappeared. Additionally, I
received the attached telegram this date from the Honorable William
A. Egan, Governor of Alaska, conforming that on December 29, 1972,
the day the Order that presumed death of the Honorable Nick Begich
was signed by Judge Tyner, Governor Egan declared Alaska's only at-
Large House seat vacant. It has been announced that Governor Egan
also ordered a special election for March 6, 1973, to fill said
vacancy.
Also attached herewith is a Certification executed by the
Governor of Louisiana on December 21, 1972, and attested to by the
Secretary of the State of Louisiana that contains a certified
opinion of the Attorney General of Louisiana that no action has
been taken by the Governor and that no action is before the courts
of Louisiana that would in any way change the status of the
Honorable Hale Boggs or modify the Election Proclamation for the
General Election held in Louisiana on November 7, 1972, that was
signed and issued by the Governor and countersigned by the
Secretary of State under the seal of the State of Louisiana on
December 11, 1972, certifying that the Honorable Hale Boggs was
elected as Representative for the Second Congressional District of
Louisiana and transmitted to the Clerk of the House in the
Secretary of State's letter of December 12, 1972. I have this date
received the attached telegram from the Secretary of State of
Louisiana, advising that the situation in Louisiana has not changed
the December 21, 1972, Certification of the Governor of Louisiana.
Based on said Louisiana's Congressional Election Proclamation, the
Honorable Hale Boggs has been enrolled by the Clerk
[[Page 584]]
of the House as the Representative-elect from the Second
Congressional District of Louisiana on the roll of Representatives-
elect for the Ninety-Third Congress.
In the event the Clerk of the House receives or learns of any
additional information prior to the convening of the Ninety-Third
Congress, such information will be transmitted to the House of
Representatives promptly.
In accordance with your previous oral directions, I have
prepared draft resolutions related to this matter and have
separately transmitted them to the Parliamentarian of the House of
Representatives.
With kindest regards, I am
Sincerely,
W. Pat Jennings,
Clerk, U.S. House of Representatives.
State of Louisiana,
Baton Rouge.
To the U.S. House of Representatives,
I, Edwin W. Edwards, Governor of Louisiana, do hereby certify
to the United States House of Representatives that the Governor of
Louisiana has not taken any action nor, according to the certified
opinion of William J. Guste, Jr., Attorney General of the State of
Louisiana, said certification being attached and made a part
hereof, are there any actions before the Courts of Louisiana, nor
has any other action been taken that would in any way change the
status of the Honorable Hale Boggs or modify the election
proclamation for the General Election held in Louisiana on November
7, 1972 that was certified, signed and issued by the Governor and
the Secretary of State over the seal of the State of Louisiana on
December 11, 1972 for the Second Congressional District of
Louisiana, and transmitted to the Clerk of the United States House
of Representatives in the Secretary of State's letter of December
12, 1972.
Sincerely,
Edwin Edwards,
Governor of
Louisiana. -------------------
COMMUNICATION FROM THE CLERK OF THE HOUSE
The SPEAKER laid before the House the following communication
from the Clerk of the House of Representatives:
Washington, D.C.,
January 2, 1973.
Hon. Carl Albert,
The Speaker,
U.S. House of Representatives.
Dear Mr. Speaker: This is an additional response to your letter
of December 20, 1972, wherein you requested transmittal to the
House of Representatives when it convenes on January 3, 1973,
certified copies of any ``judicial determinations and any other
relevant information available'' with respect to the status of
Representative-Elect Nick Begich, from the at-large seat of Alaska
and Representative-Elect Hale Boggs from the Second Congressional
District of Louisiana.
I have this evening received from the Secretary of Defense the
attached letter describing the air and sea rescue search efforts
conducted by his department for the ``aircraft which carried the
Honorable Hale Boggs as a passenger . . . missing on a scheduled
flight from Anchorage, Alaska to Juneau, Alaska since the sixteenth
day of
[[Page 585]]
October 1972.'' The Secretary of Defense ``determined that further
search would be of no avail [and] . . . informed the Commander-in-
Chief Alaska Command to suspend further active search.''
In the event the Clerk of the House receives or learns of any
additional information prior to the convening of the Ninety-Third
Congress, such information will be transmitted to the House of
Representatives promptly.
With kindest regards, I am,
Sincerely,
W. Pat Jennings,
Clerk, House of Representatives.
Sec. 2.17 On the day of its convening for the 93d Congress, the House
agreed to a privileged resolution, offered by the Chairman of the
Democratic Caucus at the direction of the Caucus declaring vacant
the seat of a Member-elect (the Majority Leader of the 92d
Congress), based upon the ascertainment of the Clerk that he had
been aboard a missing aircraft with another Member-elect whose
presumptive death had been certified and whose seat had been
declared vacant by state authority.
On Jan. 3, 1973,(1) Mr. Olin E. Teague, of Texas, was
recognized to offer House Resolution 1, which the Clerk read, as
follows:
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1. 119 Cong. Rec. 15, 16, 93d Cong. 1st Sess.
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H. Res. 1
Whereas a certificate of election has been received by the
Clerk of this House showing the election of Hale Boggs as a
Representative in the Ninety-third Congress from the Second
Congressional District in the State of Louisiana; and
Whereas Representative-elect Hale Boggs has not appeared to
take the oath of office as a Member of this House; and
Whereas the Clerk of the House of Representatives, acting at
the direction of the Speaker of this House for the Ninety-second
Congress, has ascertained that Representative Nick Begich and Hale
Boggs, Members of the Ninety-second Congress, together with Russell
L. Brown and Don E. Jonz of the State of Alaska, all of whom
departed together by plane from Anchorage, Alaska, on October 16,
1972, on a flight bound for Juneau, Alaska, have been missing since
that date and despite repeated and thorough searches have not been
located; and
Whereas the District Court for the State of Alaska, Third
Judicial District, after hearing witnesses and studying all
available evidence relative to the disappearance of Representative
Begich, Russell L. Brown and Don E. Jonz, has determined that these
three men cannot be found alive after such a lapse of time and are
presumed dead; and
Whereas as a result of the findings of the jury in the
aforementioned judicial proceeding the judge of the said
[[Page 586]]
court has signed certificates of presumptive death with respect to
Representative Begich, Russell L. Brown and Don E. Jonz; and
Whereas no evidence has been presented to this House or is
known to it which distinguishes the missing status of
Representative-elect Hale Boggs from that of the three men for whom
the aforementioned certificates of presumptive death have been
issued; Therefore be it
Resolved, That based on information provided by its Clerk, this
House of Representatives hereby determines that there is a vacancy
in the Ninety-third Congress in the representation from the Second
Congressional District in the State of Louisiana because of the
absence of Representative-elect Hale Boggs.
Resolved, That the Speaker of the House is hereby directed to
notify the Governor of the State of Louisiana of the existence of
this vacancy so that appropriate measures to fill this vacancy may
be undertaken by the Governor pursuant to Article I, Section 2 of
the Constitution of the United States. . . .
The resolution was agreed to.
Parliamentarian's Note: The House may declare the seat of a Member-
elect vacant where a Member-elect is not able to take the oath or
resign due to an incapacitating illness. Gladys Noon Spellman, of
Maryland, was elected to the 97th Congress. At the convening of that
Congress, Member-elect Spellman was in a coma and unable to take the
oath or resign. During the debate on the resolution declaring her seat
vacant, the Majority Leader(2) inserted into the
Congressional Record a letter from the Attending Physician indicating
his opinion that she was unable to serve out her term of
office.(3) The House adopted by voice vote a resolution
declaring the seat vacant on Feb. 24, 1981.(4) Ms. Spellman
died June 19, 1988.
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2. James C. Wright, Jr. (TX).
3. 127 Cong. Rec. 2917, 97th Cong. 1st Sess., Feb. 24, 1981.
4. See Id. at pp. 2916, 2917 (H. Res. 80).
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