sign in sign up
<<
Home , Alabama Territory, Idaho Territory, Iowa Territory, Mississippi Territory

Ch. 7 § 2 DESCHLER’S PRECEDENTS

§ 2.24 The Senate may, by reiterated that request for the du- unanimous consent, ex- ration of the 85th Congress. change the committee senior- It was so ordered by the Senate. ity of two Senators pursuant to a request by one of them. On Feb. 23, 1955,(6) Senator § 3. Status of Delegates Styles Bridges, of New Hamp- and Resident Commis- shire, asked and obtained unani- sioner mous consent that his position as ranking minority member of the Delegates and Resident Com- Senate Armed Services Committee missioners are those statutory of- be exchanged for that of Senator Everett Saltonstall, of Massachu- ficers who represent in the House setts, the next ranking minority the constituencies of territories member of that committee, for the and properties owned by the duration of the 84th Congress, but not admitted to with the understanding that that statehood.(9) Although the persons arrangement was temporary in holding those offices have many of nature, and that at the expiration of the 84th Congress he would re- 9. For general discussion of the status sume his seniority rights.(7) of Delegates, see 1 Hinds’ Precedents In the succeeding Congress, on §§ 400, 421, 473; 6 Cannon’s Prece- Jan. 22, 1957,(8) Senator Bridges dents §§ 240, 243. In early Congresses, Delegates when Senator Edwin F. Ladd (N.D.) were construed only as business was not designated to the chairman- agents of chattels belonging to the ship of the Committee on Public United States, without policymaking Lands and Surveys, to which he had power (1 Hinds’ Precedents § 473), seniority under the traditional prac- and the statutes providing for Dele- tice. gates called for them to be elected to 6. 101 CONG. REC. 1930, 1931, 84th ‘‘serve’’ (i.e., act of July 13, 1787, 1 Cong. 1st Sess. Stat. 52, § 12), not to ‘‘represent’’, 7. Mr. Bridges stated he requested the which is the language in later stat- alteration of seniority ‘‘because last utes (48 USC § 1711 [ and Vir- year he [Senator Saltonstall] served gin Islands]; Pub. L. No. 91–405, 84 as Chairman of the Armed Services Stat. 852, § 202(a), Sept. 22, 1970 Committee, and did a very able job [District of Columbia]). The provision in that capacity; and I desire to show him the courtesy of letting him be a relating to the Resident Commis- rung higher on the ladder, so to sioner from , 48 USC speak, temporarily. . . .’’ Id. at p. § 891, does not define his function 1931. and does not explicitly provide for 8. 103 CONG. REC. 835, 85th Cong. 1st his participation in the House of Sess. Representatives.

684 THE MEMBERS Ch. 7 § 3 the attributes of House member- creating the office of Resident ship, they are not actual Members Commissioner did not provide for of the House, since the Constitu- a seat in the House.(14) In suc- tion provides only for Members or ceeding Congresses, the Resident representatives of states duly ad- Commissioner was given debating mitted into the Union. The Con- and floor rights,(15) and now holds stitution is silent on representa- the same powers and privileges in tion of territories and other prop- committees as other Members.(16) erties belonging to the United Although the issue has been States, although article IV, section discussed, Congress has never 3, clause 2, grants exclusive sov- provided for a Delegate or Resi- ereignty to the United States over dent Commissioner to represent such lands.(10) his constituency in the Senate.(17) The offices of Delegate and There is a long list of statutes Resident Commissioner are cre- dating from 1787 providing for ated, defined, and limited by stat- Delegates to Congress from var- ute.(11) The first such statute was ious regions and territories.(18) adopted on July 13, 1787, author- mittees to which assigned (1 Hinds’ izing the election of a Delegate to Precedents § 1300). They lost the Congress from the territory north- right in the latter half of the 1800’s ( ) west of the Ohio River. 12 The act (1 Hinds’ Precedents § 1301) but allowed that Delegate to have a have regained the right under cur- seat in Congress, with the right of rent House rules. (See § 3.10, infra.) debating, but not of voting, on the 14. Act of Apr. 12, 1900, 31 Stat. 86, Ch. floor of the House.(13) The statute 191 (Puerto Rico), now codified as 48 USC § 891 10. As to jurisdiction over the District of 15. 2 Cannon’s Precedents §§ 244–246. Columbia, U.S. Const. art. I, § 8, 16. Rule XII clause 1, House Rules and clause 17, grants exclusive legisla- Manual § 740 and note thereto, § 741 tion over the seat of government to (1973). the Congress. 17. See 1 Hinds’ Precedents § 400. For a 11. See 1 Hinds’ Precedents §§ 400, 421, recent attempt to provide for non- 473. voting Delegates in the Senate, see A territory or district must be or- amendment offered to H.R. 8787 (bill ganized by law before the House will to create Delegate positions for admit a representative Delegate (1 Guam and the Virgin Islands) at 118 Hinds’ Precedents §§ 405, 407, 411, CONG. REC. 24, 92d Cong. 2d Sess., 412). Jan. 18, 1972. 12. 1 Stat. 52, § 12. 18. Delegates have been authorized by 13. In the early history of Congress, Del- the following laws: Act of July 13, egates were allowed to vote on com- 1787, 1 Stat. 52 (Northwest terri-

685 Ch. 7 § 3 DESCHLER’S PRECEDENTS

tory); Act of May 26, 1790, 1 Stat. The granting to a territory of Del- 123, Ch. 14 (territory south of Ohio); egate representation has up to the Act of Jan. 9, 1808, 2 Stat. 455, § 3 present preceded the admission of ( territory); Act of Feb. such territory as a state into the 27, 1809, 2 Stat. 525, Ch. 19 (Indi- Union. On the other hand, those ana territory); Act of June 4, 1812, 2 properties of the United States Stat. 745, § 9 ( territory); which have been granted rep- Act of Mar. 3, 1817, 3 Stat. 363, Ch. resentation by a Resident Com- 42 (Delegates in all the territories); missioner have not become Act of Mar. 3, 1817, 3 Stat. 373, § 4 states.(19) The question has arisen ( territory); Act of Feb. 16, whether a territory or other prop- 1819, 3 Stat. 482, Ch. 22 ( erty is entitled to a Delegate or to territory); Act of Mar. 2, 1819, 3 a Resident Commissioner. It has Stat. 495, § 12 (); been stated that an incorporated Acts of Mar. 30, 1822, 3 Stat. 659, territory, prepared to meet the § 14, and Mar. 3, 1823, 3 Stat. 754, qualifications for statehood, was § 15 ( territory); Act of Apr. entitled to a Delegate in Congress, 20, 1836, 5 Stat. 15, § 14 (Wisconsin and that unincorporated prop- territory); Act of June 12, 1838, 5 erty,(20) not generally con- Stat. 240, § 14 ( territory); Act of Aug. 14, 1848, 9 Stat. 329, § 16 (Or- 89, § 16 (); Act of egon territory); Act of Mar. 3, 1849, Apr. 30, 1900, 31 Stat. 158, § 85 (Ha- 9 Stat. 408, § 14 ( terri- waii); Act of May 7, 1906, 34 Stat. tory); Act of Sept. 9, 1850, 9 Stat. 169–175 (Alaska); Act of Sept. 22, 451, § 14 ( territory); Act 1970, Pub. L. No. 91–405, 84 Stat. of Sept. 9, 1850, 9 Stat. 457, § 13 852 (District of Columbia); Act of (); Act of Mar. 2, 1853, Apr. 10, 1972, Pub. L. No. 92–271, 10 Stat. 178, § 14 ( terri- 86 Stat. 118 (Guam and Virgin Is- tory); Act of May 30, 1854, 10 Stat. lands). 282, § 14 and 10 Stat. 289, § 32 (Ne- Resident Commissioners have braska and Kansas territories); Act been created by the following laws: of Feb. 28, 1861, 12 Stat. 176, § 13 Act of Apr. 12, 1900, 31 Stat. 86, Ch. (); Act of Mar. 2, 191 (Puerto Rico); Act of Aug. 29, 1861, 12 Stat. 214, § 13 ( ter- 1916, 39 Stat. 552, Ch. 416 (Phil- ritory); Act of Mar. 2, 1861, 12 Stat. ippine Islands). 243, § 13 (); Act of 19. Puerto Rico remains represented by Mar. 3, 1863, 12 Stat. 813, § 13 a Resident Commissioner (48 USC ( territory); Act of May 26, § 891). The office of Resident Com- 1864, 13 Stat. 91, § 13 ( ter- missioner from the Philippines was ritory); Act of July 25, 1868, 15 Stat. eliminated upon a grant of independ- 182, § 13 ( territory); Act of ence from the United States (see Feb. 21, 1871, 16 Stat. 426, § 34 § 3.3, infra). (District of Columbia—repealed in 20. The insular possessions of Puerto 1874); Act of May 2, 1890, 26 Stat. Rico, Guam, and the Virgin Islands, 686 THE MEMBERS Ch. 7 § 3 templated for statehood, would be entitlements of the Delegate and entitled to a Resident Commis- the Resident Commissioner.(2) In sioner.(1) 1972, Congress granted to Guam There is no practical distinction and the Virgin Islands, considered between the rights, privileges, and unincorporated property of the (3) have been held to be unincorporated United States, the right to Dele- territories (Smith v Government of gates. Congress provided in the the Virgin Islands, 375 F2d 714 [3d 91st Congress for a nonvoting Del- Cir. 1967]) to which the basic ‘‘fun- egate to Congress from the Dis- damental principles’’ of the Constitu- trict of Columbia,(4) which was tion are applicable. Soto v U.S., 273 characterized not as a territory or F 628 (3d Cir. 1921); Government of property belonging to the United the Virgin Islands v Rijos, 285 F Supp 126 (D. Virgin Islands 1968). States, but as the seat of govern- 1. See the remarks of Mr. John C. ment. The special status of the Spooner (Wisc.), Apr. 2, 1900, 33 seat of government is indicated by CONG. REC. 3632, 56th Cong. 1st article I, section 8, clause 17, of Sess., maintaining that Puerto Rico the Constitution, granting ‘‘exclu- was granted only a Resident Com- sive legislation’’ in the Congress missioner because of resistance to its over the seat of government, and becoming a state. by the fact that the ratification of See also the more recent remarks of John L. McMillan (S.C.), Chair- the 23d amendment to the Con- man of the District of Columbia stitution was necessary in order to Committee, on Aug. 10, 1970, 116 grant representation in the elec- CONG. REC. 28061, 91st Cong. 2d toral college to the District of Co- Sess., objecting to the granting of a lumbia. Delegate to the District of Columbia Since 1936, several offices of on the grounds that the grant was without legal precedent, since: 1. Delegate have been created and Delegates were intended to be in- some eliminated. The Delegates terim representatives from terri- from Alaska and from Hawaii tories which were to become states; 2. Representation from lands under 2. See Rule XII, House Rules and Man- the exclusive jurisdiction of the ual § 740 and note thereto, § 741 United States and not intended for (1973). statehood were granted Resident 3. See Smith v Government of the Vir- Commissioners; 3. The District is gin Islands, 375 F2d 714 (3d Cir. under the sole jurisdiction of the 1967); Government of the Virgin Is- United States, was never intended to lands v Rijos, 285 F Supp 126 (D. be a state, and should have been Virgin Islands 1968). granted only a Resident Commis- 4. For creation of the D.C. Delegate po- sioner. sition, see § 3.1 infra.

687 Ch. 7 § 3 DESCHLER’S PRECEDENTS were both eliminated upon the ad- The most recent acts creating mission of those territories as offices of Delegates contain within states into the Union.(5) The office their provisions explicit qualifica- tions similar to those constitu- of Resident Commissioner from ( ) the Philippines was discontinued tionally defined for Members. 10 upon the granting of independ- was not a constitutional one, and ence to the Philippines by the Congress could provide for qualifica- ( ) United States. 6 The most recent tions other than those for Members change in the number of Dele- in the Constitution). gates was occasioned by the adop- No House precedents appear on tion of an act creating new offices the extension to Delegates of the im- of the Delegate from Guam and munities from arrest and from being the Delegate from the Virgin Is- questioned in another place to Dele- gates. See, however, Doty v Strong, 1 (7) lands. Pinn. 84 (Wise. 1840), where the ter- In early Congresses, there oc- ritorial Supreme Court held the curred lengthy debate on the privilege from arrest applicable to qualifications, disqualifications, Delegates. and privileges of the Delegates 15 Op. Att’y Gen. 281 (1877) de- and Resident Commissioners.(8) clared that a Delegate, like a Mem- The principle was established that ber, was affected by the prohibition the Delegates and Resident Com- against holding incompatible offices, but that he could hold such an office missioners should meet the quali- until sworn in as a Delegate. fications laid down in the Con- 10. See 48 USC § 1711 (Guam and Vir- ( ) stitution for Members. 9 gin Islands Delegates), requiring age of at least 25 years at election, min- 5. See §§ 3.4, 3.5, infra. imum of seven years’ citizenship at 6. See § 3.3, infra. election, and inhabitancy in the ter- 7. See § 3.2, infra. ritory, and prohibiting simultaneous 8. See 1 Hinds’ Precedents §§ 400, 421, candidacy for another office. Pub. L. 423, 469, 470, 473. No. 91–405, 84 Stat. 852, § 202(b) It has been held that the Judiciary (District of Columbia Delegate) re- has no authority to pass on the quires a candidate to be a qualified qualifications of a territorial Dele- elector, at least 25 years of age, and gate. Sevilla v Elizalde, 112 F2d 29 at least a three-year resident, and (D.C. Cir. 1940). prohibits the holding of another paid 9. 1 Hinds’ Precedents §§ 421, 423 public office. (qualifications similar to those of The qualifications for the Resident Members, on public policy grounds). Commissioner are United States citi- Contra, 1 Hinds’ Precedents § 473 zenship, age of at least 25 years, and (Delegate excluded on basis of crime fluency in the English language 48 of polygamy, on grounds his office USC § 892.

688 THE MEMBERS Ch. 7 § 3

The Delegate from the District of the Delegates and Resident Com- Columbia is entitled to all the missioners to be elected to com- privileges granted a Member mittees rather than assigned (al- under article I, section 6, of the though the D.C. Delegate is per- Constitution.(11) The Delegates manently assigned to serve on the from Guam and the Virgin Islands District of Columbia Com- are entitled to those privileges mittee).(17) The current powers of and immunities which are grant- Delegates and Resident Commis- ed, or may be granted, to the Resi- sioners include the right to vote in dent Commissioner from Puerto committee and the accrual of com- ( ) Rico under House rules.(12) mittee seniority. 18 In early Congresses, Delegates On the floor of the House, Dele- and Resident Commissioners were gates and Resident Commis- entitled to vote in the committees sioners may debate, make mo- (19) to which they were assigned.(13) tions, and raise points of order. The practice was then discon- They are entitled to the same sal- tinued for a substantial period of ary and some of the allowances of (20) time.(14) In the 92d and 93d Con- Members. They are subject to gresses, however, Rule XII of the 17. See § 3.10, infra. standing rules, relating to Dele- 18. See § 3.11, infra (announcement of gates and Resident Commis- majority party policy extending full sioners,(15) was amended to extend voting and seniority rights in com- to Delegates and Resident Com- mittee to the Delegates and Resident missioners all the powers in com- Commissioner). mittee held by constitutional 19. For the parliamentary rights of the Delegate and Resident Commis- (16) Members of the House. The sioner, see House Rules and Manual changes in the rule provided for § 741 (note to Rule XII) (1973). See also § 3.6 (introducing bills) and § 3.7 11. Act of Sept. 22, 1970, Pub. L. No. (objection to consideration of bill), 91–405, 84 Stat. 852, § 202(a). infra. 12. 48 USC § 1715. 20. 48 USC § 1715 (Guam and Virgin Is- 13. See 2 Hinds’ Precedents § 1301. lands); Pub. L. No. 91–405, 84 Stat. 14. 2 Hinds’ Precedents § 1300; 6 Can- 852, § 204(a) (District of Columbia non’s Precedents § 243 (committee Delegate); 2 USC § 31 (comprehen- report denying committee vote to sive provision for Delegates, Resi- Delegate since he held no legislative dent Commissioner, Senators, and power). Representatives). 15. House Rules and Manual § 740 See § 4, infra, for the salaries of (1973). Members and Delegates, § 6, infra, 16. See §§ 3.9, 3.10, infra. for travel allowances, and § 8, infra,

689 Ch. 7 § 3 DESCHLER’S PRECEDENTS the same code of conduct and may bia to the House of Rep- be disciplined by the House.(1) The resentatives. rights of Delegates-elect are simi- On Aug. 10, 1970,(5) the House lar to those of Members-elect, and considered a bill reported from the their credentials must be trans- Committee on the District of Co- mitted to the House in the same lumbia establishing a Study Com- manner. The main distinction at mission on the District of Colum- organization is that although Del- bia Government and providing for egates and Resident Commis- a nonvoting Delegate from the sioners must submit credentials District to the House of Rep- and must be administered the resentatives. The section relating oath, their names are not included to the Delegate reads as follows: on the (Clerk’s roll to establish a quorum or to vote for a Speaker.(2) Sec. 202(a) The people of the District A further distinction is that the of Columbia shall be represented in the House of Representatives by a Del- Resident Commissioner is elected egate, to be known as the ‘‘Delegate to for a term of four years by stat- the House of Representatives from the ( ) ute, 3 as opposed to the constitu- District of Columbia’’, who shall be tional term of two years applica- elected by the voters of the District of ble to Members and the statutory Columbia in accordance with the Dis- term of two years applicable to trict of Columbia Election Act. The Delegates.(4) Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting, shall have all the privileges granted a Rep- Establishment of Office of Del- resentative by section 6 of Article I of egate the Constitution, and shall be subject to the same restrictions and regula- § 3.1 Congress created by law tions as are imposed by law or rules on Representatives. The Delegate shall be in 1970 the office of Delegate elected to serve during each Congress. from the District of Colum- (b) No individual may hold the office of Delegate to the House of Represent- for personnel, office, and supply al- atives from the District of Columbia lowances. unless on the date of his election— 1. See § 3.8, infra. (1) he is a qualified elector (as that 2. See Ch. 2, supra. term is defined in section 2(2) of the 3. 48 USC § 891. District of Columbia Election Act) of 4. 48 USC § 1712 (Guam and Virgin Is- the District of Columbia; lands); Act of Sept. 22, 1970, Pub. L. No. 91–405, 84 Stat. 852, § 202(a) 5. 116 CONG. REC. 28054, 91st Cong. 2d (D.C. Delegate). Sess.

690 THE MEMBERS Ch. 7 § 3

(2) he is at least twenty-five years of vided for a term of two years for age; those Delegates, laid down quali- (3) he holds no other paid public of- fice; and fications, and accorded them all (4) he has resided in the District of the privileges that were or might Columbia continuously since the begin- be afforded them under the rules ning of the three-year period ending on of the House.(9) such date. He shall forfeit his office upon failure to maintain the qualifica- The Chairman of the committee tions required by this subsection. handling the bill, the Committee The House passed the bill on on Interior and Insular Affairs, the same day.(6) The Senate Wayne N. Aspinall, of Colorado, passed the bill on Sept. 9, 1970.(7) indicated that there was no legis- lative intent that the bill be con- § 3.2 In 1972 the Congress pro- sidered as a prelude to statehood vided for nonvoting Dele- for either Guam or the Virgin Is- gates to the House from the lands.(10) unincorporated territories of Guam and the Virgin Islands. Elimination of Office of Dele- On Apr. 10, 1972, there was gate or Resident Commis- signed into law a bill granting sioner nonvoting Delegate representation in the House from both Guam and § 3.3 The office of Resident the Virgin Islands.(8) The bill pro- Commissioner from the Phil- ippine Islands to the House 6. 116 CONG. REC. 28062, 91st Cong. 2d Sess. See at p. 28061 the remarks on The bill (H.R. 8787) passed the the same day of John L. McMillan House on Jan. 18, 1972, and was re- (S.C.), Chairman of the Committee ported from the Committee on Inte- on the District of Columbia, main- rior and Insular Affairs. 118 CONG. taining that the District should re- REC. 12–29, 92d Cong. 2d Sess. ceive a Resident Commissioner rath- 9. Pub. L. No. 92–271, 86 Stat. 118, er than a Delegate. §§ 2–5. 7. 116 CONG. REC. 31040, 91st Cong. 2d A proposal had been made and re- Sess. jected, for lack of precedent, for The bill became Pub. L. No. 91– Guam and the Virgin Islands to pay 405, 84 Stat. 852, when the Presi- the costs of maintaining Delegates in dent approved it on Sept. 22, 1970. Congress. 118 CONG. REC. 25–28, See the Presidential message to Con- 92d Cong. 2d Sess., Jan. 18, 1972. gress on Sept. 28, 1970, 116 CONG. 10. 118 CONG. REC. 13–15, 92d Cong. 2d REC. 33865, 91st Cong. 2d Sess. Sess., Jan. 18, 1972. See also the re- 8. Pub. L. No. 92–271, 86 Stat. 118, marks of Mr. Don H. Clausen codified as 48 USC §§ 1711–1715. (Calif.), id. at p. 21.

691 Ch. 7 § 3 DESCHLER’S PRECEDENTS

of Representatives was elimi- Speaker Sam Rayburn, of Texas, nated in 1946 upon the rec- send an appropriate message to ognition by the United States the President and the people of of the independence of the the Republic of the Philippines ex- Philippines. tending the congratulations of the House of Representatives on their Between 1916 and 1946, provi- independence. sion was made for the appoint- ment and qualifications of a Resi- § 3.4 The office of Delegate dent Commissioner to the House from Alaska to the House of of Representatives from the Phil- Representatives was elimi- ippine Islands.(11) However, on Mar. 24, 1934, Congress provided nated in 1959 when Alaska by law for the recognition of Phil- was admitted to statehood. ippine independence and with- From 1906 to 1959, the United drawal of American sov- States Code provided for a Dele- ereignty.(12) That law provided for gate from the a Presidential proclamation to ef- to represent that territory in the fectuate the surrender of all rights House of Representatives.(15) On of sovereignty of the United July 7, 1958, Alaska was declared States over the Philippines on a by law to be a State of the United date following the expiration of a States of America. The law pro- period of 10 years from the date of vided for the President to issue a the inauguration of the new gov- proclamation to effectuate the ad- ernment under the Philippine mission of Alaska into the (Constitution provided for in the Union.(16) His proclamation was law. The Presidential proclama- issued on Jan. 3, 1959,(17) and the tion declaring Philippine inde- names of Members-elect from the pendence was signed on July 4, ( ) 1946. 13 15. 48 USC § 131 (May 7, 1906, Ch. On July 2, 1946,(14) the House 2083, § 1, 34 Stat. 169). The Dele- granted unanimous consent that gate’s term of office was provided for in 48 USC § 132 and his salary and 11. 48 USC § 1091, Aug. 29, 1916, Ch. allowances provided for in 48 USC 416, § 20, 39 Stat. 552; June 5, 1934, § 134. Ch. 390, § 4, 48 Stat. 879. 16. Pub. L. No. 85–508, July 7, 1958, 72 12. 22 USC § 1394, 48 Stat. 463, Ch. 84, Stat. 339, § 8(c). § 10. 17. For the text of Pub. L. No. 85–508 13. Proclamation No. 2695, set out as and of the President’s Proclamation notes following 22 USCA § 1394. No. 3269 and other materials relat- 14. 92 CONG. REC. 8167, 79th Cong. 2d ing to Alaska statehood, see the Sess. notes preceding 48 USCA § 21.

692 THE MEMBERS Ch. 7 § 3

State of Alaska were called for the Floor Privileges; Introducing first time on the Clerk’s roll at the or Objecting to Bills convening of the 86th Congress on Jan. 7, 1959.(18) § 3.6 The House granted unani- mous consent that a Delegate § 3.5 The office of Delegate be permitted to introduce from the bills notwithstanding his ab- to the House of Representa- sence from the House. tives was eliminated in 1959 (3) when Hawaii was admitted On Jan. 3, 1953, the House granted unanimous consent to a as a State. request that the Delegate from From 1900 until 1959, the law Hawaii, Joseph R. Farrington, un- provided for a Delegate to the avoidably absent due to a family House of Representatives from the (19) death, be permitted to introduce Territory of Hawaii. On Mar. bills despite his absence. 18, 1959, a law was enacted granting statehood to Hawaii and § 3.7 The Resident Commis- providing for the issuance of a sioner objected to the consid- Presidential proclamation to effec- tuate the admission of Hawaii eration of a private bill, into the Union.(20) On Aug. 21, thereby causing its recom- 1959, Hawaii was officially admit- mittal. ted into the Union pursuant to On Oct. 7, 1969,(4) Speaker John the issuance of a Presidential W. McCormack, of Massachusetts, ( ) proclamation. 1 ordered a private bill recommitted The first Representative from the State of Hawaii appeared to Delegate John A. Byrns (Hawaii) for take the oath of office in the 86th his role in achieving Hawaii state- Congress on Aug. 24, 1959.(2) hood was placed in the Speaker’s lobby for the signature of Members. 18. 105 CONG. REC. 11, 86th Cong. 1st 105 CONG. REC. 11588, 86th Cong. Sess. 1st Sess., June 23, 1959. A private 19. 48 USC § 651, Apr. 30, 1900, 31 Stat. bill introduced by Delegate Byrns be- 158, Ch. 339, 85. fore the admission of Hawaii as a 20. Pub. L. No. 86–3, 73 Stat. 4, § 7(c). state was considered and passed by 1. Proclamation No. 3309. The procla- the House after the admission of Ha- mation, Pub. L. No. 86–3, and other waii on May 3, 1960. 106 CONG. REC. materials relating to Hawaii’s state- 9246, 86th Cong. 2d Sess. hood are set out as notes preceding 3. 99 CONG. REC. 29, 83d Cong. 1st 48 USCA § 491. Sess. 2. 105 CONG. REC. 16799, 86th Cong. 4. 115 CONG. REC. 28801, 91st Cong. 1st Sess. A scroll praising former 1st Sess.

693 Ch. 7 § 3 DESCHLER’S PRECEDENTS to the Committee on the Judiciary Rule IV clause 1.(8) The last after recognizing Mr. Harold R. amendment brought the Delegate Gross, of Iowa, and Jorge L. Cor- within the definition of ‘‘Members’’ dova, Resident Commissioner, affected by the Code of Conduct of Rule XLIII.(9) Puerto Rico, for objections to the The House adopted House Reso- bill’s consideration. lution 5 on Jan. 22, 1971.(10) § 3.8 In the 92d Congress, all Later in the 92d Congress, on Oct. 13, 1972,(11) the House Delegates were admitted to amended the House rules to re- the floor, extended the serv- flect the grant to Guam and the ices of the Clerk and Ser- Virgin Islands of Delegate posi- geant at Arms, and brought tions by the passage of House under the Code of Conduct Resolution 1153. The resolution by amendments to the House extended to all Delegates the right rules. of admission to the floor, the serv- ices of the Clerk and Sergeant at On Jan. 21, 1971, the opening Arms, and brought them within day of the 92d Congress,(5) there the scope of the Code of Conduct. was offered by William M. Colmer, of Mississippi, Chairman Committee Membership of the Committee on Rules, House § 3.9 In the 92d and 93d Con- Resolution 5, to amend the House gresses, the House amended rules to reflect the creation of the its rules to provide for the office of Delegate from the District election, rather than the as- of Columbia. One amendment ex- signment, of the Resident tended the privileges of the House Commissioner and Delegates floor to the Delegate under Rule to standing committees. XXXII.(6) Other amendments in- On Jan. 21, 1971, the opening cluded the Delegate within the day of the 92d Congress,(12) Wil- class of persons entitled to the services of the Clerk under Rule 8. House Rules and Manual § 648 III clause 3,(7) and to the services (1973). of the Sergeant at Arms under 9. House Rules and Manual § 939 (1973). 5. 117 CONG. REC. 15, 92d Cong. 1st 10. 117 CONG. REC. 144, 92d Cong. 1st Sess. Sess. 6. House Rules and Manual § 919 11. 118 CONG. REC. 36013–23, 92d Cong. (1973). 2d Sess. 7. House Rules and Manual § 641–646 12. 117 CONG. REC. 144, 92d Cong. 1st (1973). Sess.

694 THE MEMBERS Ch. 7 § 3 liam M. Colmer, of Mississippi, powers and privileges as the other Members. Chairman of the Committee on 2. The Delegate from the District Rules, offered House Resolution 5, of Columbia shall be elected to serve amending the standing rules of as a member of the Committee on the District of Columbia and shall be the House. Among the proposed elected to serve on other standing changes was a complete revision committees of the House in the same of Rule XII, which had formerly manner as Members of the House and shall possess in all committees provided for the Resident Com- on which he ser.ves the same powers missioner from Puerto Rico to be and privileges as the other Members. assigned to the standing Commit- The House adopted House Reso- tees on Agriculture, Armed Serv- lution 5 on Jan. 22, 1971.(14) At ices, and Interior and Insular Af- the opening of the 93d Congress, fairs, and for the Delegates from the House further amended Rule Alaska and Hawaii to be similarly XII to provide for all Delegates to assigned to certain standing com- be elected to conmittees: (15) (13) mittees. The new Rule XII pro- In Rule XII, clause 2 is amended to posed by House Resolution 5 pro- read as follows: vided: The Delegate from the District of Strike out Rule XII, and insert in Columbia shall be elected to serve as a member of the Committee on the lieu thereof the following: District of Columbia and each Dele- gate to the House shall be elected to RULE XII serve on standing committees of the RESIDENT COMMISSIONER FROM PUER- House in the same manner as Mem- TO RICO AND DELEGATE FROM THE bers of the House and shall possess DISTRICT OF COLUMBIA in all committees on which he serves the same powers and privileges as 1. The Resident Comrmissioner to the other Members. the United States from Puerto Rico shall be elected to serve on standing committees in the same manner as Committee Powers and Privi- Members of the House and shall pos- leges sess in such committees the same § 3.10 In the 92d and 93d Con- 13. House Rules and Manual § 740 gresses, Delegates and the (1969). The references to the Hawai- ian and Alaskan Delegates were ob- Resident Commissioner were solete, as those territories had be- extended all the powers and come states (see §§ 3.4, 3.5, supra). privileges of Members in For an amendment to the House rules in 1949 permitting the Alaskan 14. 117 CONG. REC. 144, 92d Cong. 1st Delegate to serve on an additional Sess. committee, see 95 CONG. REC. 10618, 15. H. Res. 6, 119 CONG. REC. 26, 27, 81st Cong. 1st Sess., Aug. 2, 1949. 93d Cong. 1st Sess., Jan. 3, 1973.

695 Ch. 7 § 3 DESCHLER’S PRECEDENTS

committees, including the Rule XII to provide for all Dele- right in committee to vote gates, including those from Guam and to obtain seniority. and the Virgin Islands, to possess On Jan. 21, 1971, the opening all the powers and privileges of ( ) day of the 92d Congress, 16 Wil- Members in committees to which liam M. Colmer, of Mississippi, elected.(20) Chairman of the Committee on Rules, offered House Resolution 5, § 3.11 In the 93d Congress, the amending the standing rules of majority party caucus an- the House. One portion of the res- nounced a policy extending olution completely revised Rule full committee voting and se- XII, relating to committee service by the Resident Commissioner niority rights to the Dele- and Delegates.(17) gates and the Resident Com- The proposed amendment not missioner only provided for the Resident On Mar. 15, 1973,(1) Philip Bur- Commissioner from Puerto Rico ton, of California, Chairman of the and the Delegate from the District Democratic Study Group, an- of Columbia to be elected to com- mittees, but also extended to them nounced the policy changes adopt- all the powers and privileges in ed by the Democratic Caucus at committee as those possessed by the beginning of the 93d Con- Members of the House (including gress. the right to vote and to obtain se- Among them was a policy pro- (18) niority rights). viding that the Delegates from the The House adopted House Reso- District of Columbia, Guam, and lution 5 on Jan. 22, 1971.(19) At the opening of the 93d Con- the Virgin Islands, and the Resi- gress, the House further amended dent Commissioner of Puerto Rico have full voting rights and senior- 16. 117 CONG. REC. 14, 92d Cong. 1st ity in committee. Sess. 17. See § 3.9, supra, for the text of the 20. H. Res. 6, 119 CONG. REC. 26, 27, amendment. 93d Cong. 1st Sess., Jan. 3, 1973 18. Rule XII clauses 1 and 2, House (see § 3.9, supra, for the text of the Rules and Manual § 740 (1973). amendment). 19. 117 CONG. REC. 144, 92d Cong. 1st 1. 119 CONG. REC. 8018, 93d Cong. 1st Sess. Sess.

696