[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 5.  The House Rules, Journal, and Record]
[B. The House Journal]
[Â§ 12. Propriety of Business Before and During Reading]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 333-342]
 
                               CHAPTER 5
 
                  The House Rules, Journal, and Record
 
                          B. THE HOUSE JOURNAL
 
Sec. 12. --Propriety of Business Before and During Reading

    The reading and approval of the Journal rank second in the daily 
order of business prescribed by the rules of the House, coming 
immediately after the prayer by the Chaplain.(1) It is 
therefore well established that the transaction of business is not in 
order before the Journal is approved.(2) However, the simple 
motion to adjourn(3) and the administration of the oath to a 
Member-elect(4) are both in order prior to the reading of 
the Journal, and since the Journal may neither be ordered read nor 
approved in the absence of a quorum,(5) a point of no quorum 
may also be properly made before the Journal is read.(6)
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 1. Rule XXIV clause 1, House Rules and Manual Sec. 878 (1973). As to 
        approval of the Journal, see Sec. 14, infra.
 2. See Sec. 12.1, infra.
 3. See Sec. 12.3, infra.
 4. See Sec. 12.5, infra.
 5. See Sec. 11, supra.
 6. See Sec. 12.6, infra.
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    Once begun, the reading of the Journal may not be interrupted even 
by business as highly privi

[[Page 334]]

leged as the presentation of a conference report(7) or the 
consideration of a privileged report from the Committee on 
Rules.(8) It may be interrupted, however, by a point of no 
quorum,(9) a parliamentary inquiry,(10) an 
arraignment of impeachment,(11) and a question of privilege 
of the House.(12)
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 7. Rule XXVIII clause 1(a), House Rules and Manual Sec. 909 (1973).
 8. See Sec. 12.2, infra.
 9. See Sec. 12.13, infra.
10. See Sec. 12.15, infra.
11. 6 Hinds' Precedents Sec. 469.
12. See Sec. 12.17, infra.
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    In addition, certain matters may be authorized before or during the 
reading of the Journal by unanimous consent. For example, the Speaker 
may be so authorized to declare a recess subject to the call of the 
Chair prior to the reading of the Journal.(13) Likewise, a 
Member may be granted unanimous consent to extend his remarks and 
include extraneous matter in the Record prior to the reading of the 
Journal.(14)
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13. See Sec. 12.8, infra.
14. See Sec. 12.9, infra.                          -------------------
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Transaction of Business Before Reading

Sec. 12.1 The transaction of business, however highly privileged, is 
    not in order before the reading and approval of the Journal.

    On Oct. 8, 1968,(15) in response to a parliamentary 
inquiry, the Speaker pro tempore(16) held that it would not 
be in order to recognize a member of the Committee on Rules to present 
a rule before the completion of the reading of the Journal of the 
previous day, noting that even with respect to such a highly privileged 
matter as a conference report it had been previously 
ruled(17) that no business was in order until the Journal 
had been read and approved.
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15. 114 Cong. Rec. 30096 90th Cong. 2d Sess.
16. Wilbur D. Mills (Ark.).
17. 6 Cannon's Precedents Sec. 630.
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Sec. 12.2 A privileged report from the Committee on Rules may not be 
    called up for consideration before the reading and approval of the 
    Journal.

    On Oct. 8, 1968,(18) before the reading of the Journal 
had been completed, a Member propounded as a parliamentary inquiry the 
suggestion that under the House rule(19) making it always in 
order to call up for consideration a re

[[Page 335]]

port from the Committee on Rules, and in light of the construction 
given that rule by an early precedent,(1) it would be in 
order at that time for the Chair to recognize a member of the Committee 
on Rules for the purpose of calling up a special order. The Speaker pro 
tempore,(2) however, noting that the precedent referred to 
had been superseded by the subsequent ruling(3) that no 
business was in order until the Journal had been read and approved, 
held that it thus would not be in order for him to recognize a member 
of the Committee on Rules to present a rule before the reading of the 
previous day's Journal had been completed.
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18. 114 Cong. Rec. 30095, 90th Cong. 2d Sess.
19. Rule XI, House Rules and Manual Sec. 729 (1973).
 1. 4 Hinds' Precedents Sec. 2754.
 2. Wilbur D. Mills (Ark.).
 3. 6 Cannon's Precedents Sec. 630.
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Matters Taking Precedence Over Reading

Sec. 12.3 A simple motion to adjourn is in order prior to the reading 
    and approval of the Journal.

    On July 25, 1949,(4) before the Journal of the last 
day's proceedings was read, a Member moved that the House then adjourn, 
which motion, after the yeas and nays were ordered thereon, was decided 
in the negative.
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 4. 95 Cong. Rec. 10092, 81st Cong. 1st Sess.
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    Again, on Dec. 7, 1963,(5) prior to the reading of the 
Journal and while a point of order that a quorum was not present was 
pending, a Member moved that the House adjourn. The motion was then 
agreed to and the House accordingly adjourned until Dec. 9, 1963, at 12 
o'clock noon.
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 5. 109 Cong. Rec. 23752, 88th Cong. 1st Sess.
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Sec. 12.4 The House may adjourn before the Journal is read and 
    approved.

    On Dec. 7, 1963,(6) before the Journal was read and 
pending the point of order that a quorum was not present, a Member 
moved that the House adjourn. The motion was agreed to, and the House 
accordingly adjourned until Monday, Dec. 9, 1963, at 12 o'clock noon.
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 6. Id.
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Sec. 12.5 The oath of office may be administered to a Member-elect 
    before the Journal is read.

    On Apr. 26, 1948,(7) before the Clerk had begun to read 
the Journal and after a point of no quorum was, at the request of the 
Speaker,(8) withheld in order that he

[[Page 336]]

might swear in a new Member, the Speaker laid before the House a 
communication from the Clerk attesting to the credentials of the 
Member-elect concerned, who then appeared at the bar of the House and 
took the oath of office.
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 7. 94 Cong. Rec. 4834, 80th Cong. 2d Sess.
 8. Joseph W. Martin, Jr. (Mass.).
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Sec. 12.6 The point of no quorum may be made before the Journal is read 
    and approved.

    On Apr. 26, 1948,(9) before the Clerk had begun to read 
the Journal, a Member making the point of order that a quorum was not 
present refused to withhold it until after the Journal was read, 
although agreeing to do so until after a new Member was sworn, and 
therefore, following the administration of the oath by the 
Speaker,(10) a call of the House was ordered. After a quorum 
had appeared, the House dispensed with further proceedings under the 
call and the Journal of the previous day was then read and approved.
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 9. 94 Cong. Rec. 4834, 80th Cong. 2d Sess.
10. Joseph W. Martin, Jr. (Mass.).
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    On Mar. 26, 1965,(11) before the Clerk had commenced the 
reading of the Journal, a Member making the point of order that a 
quorum was not present answered in the affirmative when asked by the 
Speaker(12) whether he was making such point of order before 
the Journal was read. A call of the House was then ordered, and after a 
quorum had appeared, further proceedings under the call were dispensed 
with and the Clerk read the Journal of the previous day.
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11. 111 Cong. Rec. 6094. 89th Cong. 1st Sess.
12. John W. McCormack (Mass.).
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Sec. 12.7 When a point of order as to the absence of a quorum is made 
    before the reading of the Journal, the presence of a quorum is 
    established before the reading begins.

    On Mar. 26, 1965,(13) after the Clerk had been directed 
by the Speaker(14) to read the Journal of the previous day 
but before he had begun to do so, a Member made the point of order that 
a quorum was not present. A call of the House was then ordered, and 
after a quorum had appeared in response thereto and further proceedings 
thereunder had been dispensed with, the Clerk read the Journal.
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13. 111 Cong. Rec. 6093, 89th Cong. 1st Sess.
14. John W. McCormack (Mass.).
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Matters Authorized by Unanimous Consent

Sec. 12.8 A recess subject to the call of the Chair may be de

[[Page 337]]

    clared by the Speaker, if properly authorized, prior to the reading 
    and approval of the Journal.

    On Apr. 9, 1964,(15) before the Clerk had begun to read 
the Journal of the previous day's proceedings, the 
Speaker(16) (pursuant to authorization by unanimous 
consent)(17) declared a recess, subject to the call of the 
Chair, for the purpose of permitting Members to proceed to the Rotunda 
to witness the conclusion of the lying-in-state ceremonies for the late 
General of the Army Douglas MacArthur. After the expiration of the 
recess, the House was called to order by the Speaker, and at his 
direction, the Clerk read the Journal.
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15. 110 Cong. Rec. 7354, 88th Cong. 2d Sess.
16. John W. McCormack (Mass.).
17. 110 Cong. Rec. 7119, 88th Cong. 2d Sess.
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Sec. 12.9 A Member's request for unanimous consent to extend his 
    remarks and include extraneous matter in the Record may be 
    entertained and acted upon prior to the reading and approval of the 
    Journal.

    On Dec. 7, 1963,(18) after the prayer by the Chaplain 
and before the Journal of the previous day's proceedings had been read, 
a Member asked unanimous consent to extend his remarks at that point in 
the Record and include extraneous matter therein. There was no response 
to the Speaker's(19) call for objections.
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18. 109 Cong. Rec. 23751, 88th Cong. 1st Sess.
19. John W. McCormack (Mass.).
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Requests Entertained Before Reading

Sec. 12.10 A request that Calendar Wednesday business be dispensed with 
    by unanimous consent may be entertained prior to the reading and 
    approval of the Journal.

    On Sept. 19, 1962,(20) before the Clerk had begun to 
read the Journal and pending the renewal of a point of no quorum which 
was being withheld, a Member asked unanimous consent that the business 
in order under the Calendar Wednesday rule be dispensed with on that 
day. Following the Speaker's(1) interrogative, an objection 
was heard and the request accordingly denied.
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20. 108 Cong. Rec. 19940, 87th Cong. 2d Sess.
 1. John W. McCormack (Mass.).
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Sec. 12.11 The Speaker may decline requests for unanimous consent to 
    insert material in the Record until after the

[[Page 338]]

    Journal has been read and approved.

    On Sept. 19, 1962,(2) before the Clerk had begun to read 
the Journal of the preceding session, a Member, having unsuccessfully 
sought unanimous consent for dispensing with Calendar Wednesday 
business on that day, asked unanimous consent to insert in the Record 
with his own remarks a letter from the Secretary of State addressed to 
the Speaker of the House. The Speaker(3) stated that 
unanimous-consent requests would have to wait until after the Journal 
had been read.
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 2. 108 Cong. Rec. 19940, 87th Cong. 2d Sess.
 3. John W. McCormack (Mass.).
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Reception of Messages Prior to Reading

Sec. 12.12 A message from the Senate may be received before the reading 
    of the Journal.

    On Sept. 19, 1962,(4) before the Clerk had begun to read 
the Journal of the preceding session, a point of order that a quorum 
was not present was made and, at the request of the 
Speaker,(5) then withheld in order to permit the reception 
of a message from the Senate. Following the communication of the 
message to the Chair, the point of no quorum was renewed, and after a 
call of the House had been ordered and a motion to dispense with 
further proceedings thereunder agreed to, the Clerk commenced the 
reading of the Journal.
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 4. 108 Cong. Rec. 19940, 87th Cong. 2d Sess.
 5. John W. McCormack (Mass.).
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    Again, on Apr. 9, 1964,(6) a message from the Senate was 
received after a point of no quorum made before the Clerk had begun to 
read the Journal was withheld solely for that purpose at the request of 
the Speaker.(7)
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 6. 110 Cong. Rec. 7353, 88th Cong. 2d Sess.
 7. John W. McCormack (Mass.).
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    And on Sept. 11, 1968,(8) following a call of the House 
ordered before the reading of the Journal was begun, and while a motion 
to dispense with further proceedings under the call was pending, the 
Speaker(9) received a message from the Senate.
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 8. 114 Cong. Rec. 26453, 90th Cong. 2d Sess.
 9. John W. McCormack (Mass.).
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Matters Which May Interrupt Reading

Sec. 12.13 A point of order of no quorum is in order during the reading 
    of the Journal.

    On Dec. 18, 1970,(10) after a Member had interrupted the 
read

[[Page 339]]

ing of the Journal to make the point of order that a quorum was not 
present, the Speaker pro tempore(11) announced the intention 
of the Chair to conduct a count, thereby prompting another Member to 
ask, by way of parliamentary inquiry, whether it was in order for a 
Member to be recognized during the reading of the Journal. The Speaker 
pro tempore replied that a point of order that a quorum is not present 
is always in order.
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10. 116 Cong. Rec. 42505, 91st Cong. 2d Sess.
11. W.J. Bryan Dorn (S.C.).
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Sec. 12.14 The reading of the Journal may be interrupted by a call of 
    the House.

    On Aug. 27, 1962,(12) after the reading of the Journal 
had been interrupted by a Member making the point of order that a 
quorum was not present and the Speaker(13) had confirmed 
such fact by making a count, a call of the House was ordered. Following 
the appearance of a quorum, further proceedings under the call were 
dispensed with, and the Clerk then concluded the reading of the 
Journal.
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12. 108 Cong. Rec. 17654, 87th Cong. 2d Sess.
13. John W. McCormack (Mass.).
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    Again, on Nov. 3, 1967,(14) after the Clerk had begun to 
read the Journal of the preceding day, a Member made the point of order 
that a quorum was not present. A call of the House was then ordered, 
and after a quorum had appeared in response thereto and further 
proceedings thereunder had been dispensed with by unanimous consent, 
the Clerk read the Journal.
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14. 113 Cong. Rec. 31081, 90th Cong. 1st Sess.
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Sec. 12.15 A Member may interrupt the reading of the Journal to 
    propound a parliamentary inquiry.

    On Apr. 9, 1964,(15) a Member who interrupted the 
reading of the Journal to submit a parliamentary inquiry was recognized 
for that purpose by the Speaker.(16)
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15. 110 Cong. Rec. 7356, 88th Cong. 2d Sess.
16. John W. McCormack (Mass.).
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Sec. 12.16 The status of the Clerk's progress in reading the Journal of 
    proceedings of the previous day is a proper subject for a 
    parliamentary inquiry.

    On Oct. 8, 1968,(17) in response to a parliamentary 
inquiry asking how many pages of the Journal had been read and how many 
remained to be read, the Speaker(18)

[[Page 340]]

characterized the inquiry as a proper one, and following a further 
expression of interest in the reading by the Member making the inquiry, 
advised him of the total number of pages to be read and the number 
already read by the Clerk.
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17. 114 Cong. Rec. 30100, 90th Cong. 2d Sess.
18. John W. McCormack (Mass.).
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Sec. 12.17 The reading of the Journal may be interrupted by a question 
    of privilege affecting the House collectively.

    On Oct. 9, 1968,(19) in declining recognition to a 
Member who interrupted the reading of the Journal with a point of 
personal privilege, the Speaker(20) advised that a question 
of personal privilege should be made after the Journal had been 
disposed of but that a matter of privilege of the House was an entirely 
different situation.
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19. 114 Cong. Rec. 30214, 90th Cong. 2d Sess.
20. John W. McCormack (Mass.).
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Sec. 12.18 A Member, by unanimous consent, may secure recognition 
    during the reading of the Journal.

    On Apr. 9, 1964,(1) a Member propounding a parliamentary 
inquiry interrupted the reading of the Journal to ask whether there was 
any way under the rules by which he might at that point be recognized 
for one minute. The Speaker(2) advised that such recognition 
might be obtained by unanimous consent, and after the Member had made a 
request to that end without any objection thereto being heard, declared 
him so recognized.
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 1. 110 Cong. Rec. 7356. 88th Cong. 2d Sess.
 2. John W. McCormack (Mass.).
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Reception of Messages During Interruption of Reading

Sec. 12.19 A message from the Senate may be received during an 
    interruption in the reading of the Journal which is occasioned by a 
    point of no quorum.

    On Aug. 27, 1962,(3) after the reading of the Journal 
had been interrupted by a point of no-quorum which at the request of 
the Speaker(4) was then withheld, a message from the Senate 
was communicated to the Chair. A call of the House was then conducted, 
and after proceedings thereunder had been dispensed with, the Clerk 
continued with the reading of the Journal at the direction of the 
Speaker.
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 3. 108 Cong. Rec. 17651, 87th Cong. 2d Sess.
 4. John W. McCormack (Mass.).
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Sec. 12.20 A message from the President may be received

[[Page 341]]

    during an interruption of the reading of the Journal for a call of 
    the House.

    On Aug. 27, 1962,(5) following the interruption of the 
reading of the Journal for a call of the House, the 
Speaker(6) received a message from the President prior to 
ordering the Clerk to resume the reading of the Journal.
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 5. 108 Cong. Rec. 17653, 87th Cong. 2d Sess.
 6. John W. McCormack (Mass.).
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Resumption of Reading After Interruption

Sec. 12.21 Once the reading of the Journal has been interrupted for a 
    call of the House under Rule XV,(7) it may not be 
    resumed even though a quorum has responded to such call until the 
    House has agreed to dispense with further proceedings thereunder.
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 7. Rule XV clause 2(a), House Rules and Manual Sec. 768 (1973).
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    On Oct. 8, 1968,(8) in response to a parliamentary 
inquiry as to whether or not the reading of the Journal could proceed 
if a quorum was present after a call of the House had been made under 
Rule XV clause 2, the Speaker(9) replied that the reading of 
the Journal could not be resumed until further proceedings under the 
call had been dispensed with.
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 8. 114 Cong. Rec. 30094, 90th Cong. 2d Sess.
 9. John W. McCormack (Mass.).
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Sec. 12.22 When the reading of the Journal is resumed after having been 
    interrupted, the Clerk continues to read from the point of 
    interruption.

    On Sept. 19, 1962,(10) a Member interrupted the reading 
of the Journal to make the point of order that the Clerk had not 
resumed the reading of the Journal at the point where he concluded when 
interrupted by a call of the House. The Speaker(11) ordered 
the Clerk to continue the reading of the Journal from the point of the 
first interruption.
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10. 108 Cong. Rec. 19943, 87th Cong. 2d Sess.
11. John W. McCormack (Mass.).
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    Again, on Sept. 13, 1965,(12) following several 
parliamentary inquires and a demand that the Journal be read in full, 
the reading of the Journal was resumed and continued until again 
interrupted by a Member who submitted that the Clerk was not reading in 
full the names of those who failed to answer the particular roll call 
being read at the time of the previous interruption. The Speaker pro 
tempore(13) ad

[[Page 342]]

vised that the Clerk took up the reading exactly where first 
interrupted.
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12. 111 Cong. Rec. 23598, 89th Cong. 1st Sess.
13. Carl Albert (Okla.).
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Matters Not in Order Until Reading Completed

Sec. 12.23 A request that the Record be corrected is not in order 
    during the reading of the Journal.

    On June 1, 1934,(14) in response to a Member who 
interrupted the reading of the Journal with a parliamentary inquiry as 
to the propriety of asking at that time that the Record be corrected, 
the Speaker(15) advised that it would not be proper at that 
time.
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14. 78 Cong. Rec. 10226, 73d Cong. 2d Sess.
15. Henry T. Rainey (Ill.).
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Sec. 12.24 The motion to dispense with Calendar Wednesday business is 
    not in order during a reading of the Journal.

    On Sept. 19, 1962,(16) before the Clerk had completed 
his reading of the Journal, a Member moved that business in order under 
the Calendar Wednesday rule be dispensed with after an objection was 
voiced to his request that such business be dispensed with by unanimous 
consent. The Speaker(17) ruled that the motion was not in 
order until after the Journal was read.
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16. 108 Cong. Rec. 19943, 87th Cong. 2d Sess.
17. John W. McCormack (Mass.).
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