[Deschler-Brown Precedents, Volume 14,  Chapter 30]
[Chapter 30. Voting]
[D. Division of the Question for Voting]
[Â§ 49. Propositions Affecting Several Persons]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 11775-11782]
 
                               CHAPTER 30
 
                                 Voting
 
                 D. DIVISION OF THE QUESTION FOR VOTING
 
Sec. 49. Propositions Affecting Several Persons

    The rules of the House confirm that a resolution electing Members 
to standing committees of the House is not subject to division (Rule 
XVI clause 6). This prohibition is precise but other resolutions naming 
more than one person may be subject to a division if drafted in a 
manner which makes the proposition susceptible to the 
request.

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

Generally

Sec. 49.1 A resolution directing the Speaker to certify a report 
    containing the names of three persons refusing to testify has been 
    held to be indivisible.

[[Page 11776]]

    On May 28, 1936,(8) Mr. Charles J. Bell, of Missouri, 
sought the certification of the Speaker with respect to the report of 
the committee (9) he chaired regarding the refusal of three 
witnesses to testify before that committee. The resolution embodying 
this request read as follows:
---------------------------------------------------------------------------
 8. 80 Cong. Rec. 8222, 74th Cong. 2d Sess.
 9. The Select Committee to Investigate Old Age Pension Plans.
---------------------------------------------------------------------------

                            House Resolution 532

        Resolved, That the Speaker of the House of Representatives 
    certify the report of the Select Committee to Investigate Old Age 
    Pension Plans as to the willful and deliberate refusal of Francis 
    E. Townsend, Clinton Wunder, and John B. Kiefer to testify before 
    said committee, together with all the facts in connection 
    therewith, under seal of the House of Representatives, to the 
    United States attorney for the District of Columbia, to the end 
    that the said Francis E. Townsend, Clinton Wunder, and John B. 
    Kiefer may be proceeded against in the manner and form provided by 
    law.

    Shortly thereafter, Mr. Everett M. Dirksen, of Illinois, inquired 
as to the resolution's divisibility.

        Mr. Dirksen: Mr. Speaker, a parliamentary inquiry.
        The Speaker: (10) The gentleman will state it.
---------------------------------------------------------------------------
10. Joseph W. Byrns (Tenn.).
---------------------------------------------------------------------------

        Mr. Dirksen: Is the resolution divisible as to the three 
    gentlemen named?
        The Speaker: It is not.

Sec. 49.2 A demand for a division of the question on a resolution 
    confirming several nominations is in order at any time during the 
    consideration of the resolution or after the previous question has 
    been ordered thereon but before the question has been put by the 
    Chair.

    On Mar. 19, 1975,(11) a resolution confirming certain 
nominees to the Federal Election Commission was made in order by 
unanimous consent. The proceedings were as follows:
---------------------------------------------------------------------------
11. 121 Cong. Rec. 7344, 7345, 7353, 7354, 94th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Wayne L.] Hays of Ohio: Mr. Speaker, by direction of the 
    Committee on House Administration, I call up House Resolution 314 
    and ask unanimous consent for its immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 314

            Resolved, That pursuant to the Federal Election Campaign 
        Act Amendments of 1974, Public Law 93-443, the following named 
        individuals be confirmed for appointment to the Federal 
        Election Commission:
            (a) Joan D. Aikens of Pennsylvania for a term ending on the 
        April 30 first occurring more than six months after the date on 
        which she is appointed;
            (b) Robert O. Tiernan of Rhode Island for a term ending one 
        year after

[[Page 11777]]

        the April 30 on which the term of the member referred to in 
        clause (a) immediate above ends;
            (c) Neil O. Staebler of Michigan for a term ending two 
        years thereafter;
            (d) Thomas E. Harris of Virginia for a term ending three 
        years thereafter;
            (e) Vernon W. Thomson of Wisconsin for a term ending four 
        years thereafter; and
            (f) Thomas B. Curtis of Missouri for a term ending five 
        years thereafter.

        Mr. Hays of Ohio (during the reading): Mr. Speaker, I ask 
    unanimous consent that the resolution be considered as read and 
    printed in the Record.
        The Speaker: (12) Is there objection to the request 
    of the gentleman from Ohio?
---------------------------------------------------------------------------
12. Carl Albert (Okla.).
---------------------------------------------------------------------------

        There was no objection.
        The Speaker: Is there objection to the present consideration of 
    the resolution?
        Mr. [William L.] Dickinson [of Alabama]: Mr. Speaker, reserving 
    the right to object, and I do not think I will object at this time, 
    but I would like to ask the distinguished chairman of the committee 
    a question.
        It is my understanding that there will be approximately 1 hour 
    of debate, which the gentleman from Ohio has agreed to share with 
    the minority?
        Mr. Hays of Ohio: That is correct.
        Mr. Dickinson: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Dickinson: Mr. Speaker, is this resolution, as it is 
    presented at this time or later, divisible so that we can demand a 
    separate vote on one or all of the six nominees?
        The Speaker: If consent for the consideration of the resolution 
    is given, the resolution is subject to a division of the question 
    with respect to the various nominations.
        Mr. Dickinson: And at that time it will be proper for me, or 
    any other Member, to ask for a separate vote on any one or more of 
    the nominees?
        The Speaker: If consent is granted for the consideration of the 
    resolution, any Member can ask for a division of the question at 
    the proper time.
        Mr. Dickinson: I thank the Speaker.
        Mr. Hays of Ohio: Mr. Speaker, I yield myself such time as I 
    may consume.
        Mr. Dickinson: Mr. Speaker, a parliamentary inquiry.
        The Speaker: Does the gentleman from Ohio yield to the 
    gentleman from Alabama?
        Mr. Hays of Ohio: I yield to the gentleman from Alabama.
        The Speaker: The gentleman will state it.
        Mr. Dickinson: Mr. Speaker, I wanted to make sure I understood, 
    and I would ask the Chair, when is the proper time to ask for a 
    division of the question?
        The Speaker: Now, or when the previous question is ordered.
        Mr. Dickinson: Mr. Speaker, I will at this time ask for a 
    division of the nominees individually.
        The Speaker: The gentleman asks for a division on all the 
    nominations, and the question will be divided when put. . . .
        The previous question was ordered.
        The Speaker: Pursuant to the request of the gentleman from 
    Alabama

[[Page 11778]]

    (Mr. Dickinson), the question on the adoption of the resolution 
    will be divided.
        The Clerk will report the first portion of the resolution.
        The Clerk read as follows:

            Resolved, That pursuant to the Federal Election Campaign 
        Act Amendments of 1974, Public Law 93-443, the following named 
        individuals be confirmed for appointment to the Federal 
        Election Commission:
            (a) Joan D. Aikens of Pennsylvania for a term ending on the 
        April 30 first occurring more than six months after the date on 
        which she is appointed;

        The Speaker: The question is on the part of the resolution 
    including the nomination of Joan D. Aikens.
        The first part of the resolution was agreed to and the 
    nomination was confirmed.
        The Speaker: The Clerk will report the next portion of the 
    resolution.
        The Clerk read as follows:

            (b) Robert O. Tiernan of Rhode Island for a term ending one 
        year after the April 30 on which the term of the member 
        referred to in clause (a) immediate above ends;

        The Speaker: The question is on the portion of the resolution 
    which includes the nomination of Robert O. Tiernan.

        Clause (b) of the resolution was agreed to and the nomination 
    was confirmed.
        The Speaker: The Clerk will report the next portion of the 
    resolution.
        The Clerk read as follows:

            (c) Neil O. Staebler of Michigan for a term ending two 
        years thereafter:

        The Speaker: The question is on the portion of the resolution 
    which includes the nomination of Neil O. Staebler.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. Dickinson: Mr. Speaker, on that I demand the yeas and nays. 
    . . .
        Clause (c) of the resolution was agreed to and the nomination 
    was confirmed.
        The result of the vote was announced as above recorded.
        The Speaker: The Clerk will report the next portion of the 
    resolution.
        The Clerk read as follows:

            (d) Thomas E. Harris of Virginia for a term ending three 
        years thereafter;

        The Speaker: The question is on clause (d) of the resolution 
    including the nomination of Thomas E. Harris.
        Clause (d) of the resolution was agreed to and the nomination 
    was confirmed.
        The Speaker: The Clerk will report the next portion of the 
    resolution.
        The Clerk read as follows:

            (e) Vernon W. Thomson of Wisconsin for a term ending four 
        years thereafter; and

        The Speaker: The question is on clause (e) of the resolution 
    which includes the nomination of Vernon W. Thomson.
        Clause (e) was agreed to and the nomination was confirmed.
        The Speaker: The Clerk will report the final portion of the 
    resolution.
        The Clerk read as follows:

            (f) Thomas B. Curtis of Missouri for a term ending five 
        years thereafter.

        The Speaker: The question is on the final clause of the 
    resolution including the nomination of Thomas B. Curtis.

[[Page 11779]]

        Clause (f) was agreed to and the nomination was confirmed.
        A motion to reconsider the votes whereby the various parts of 
    the resolution were agreed to was laid on the table.
        The Speaker: The Clerk will notify the Senate of the action of 
    the House.

Sec. 49.3 A resolution with two resolve clauses separately directing 
    the Speaker to certify to the United States attorney the 
    contemptuous conduct of two individuals is subject to a demand for 
    a division of the question as to each individual.

    In the 74th Congress, Speaker Joseph W. Byrns, of Tennessee, had 
held that one contempt resolution certifying three persons in one 
resolved clause was not divisible since the resolution was drafted in a 
manner that was grammatically indivisible. In the present case, the 
Foreign Affairs Committee was advised to draft separate resolved 
clauses for each witness, as logically each certification should be 
subject to a separate vote. On Feb. 27, 1986,(13) the 
chairman of the Committee on Foreign Affairs sought recognition:
---------------------------------------------------------------------------
13. 132 Cong. Rec. 3040, 3048, 3049, 3050, 3061, 3062, 99th Cong. 2d 
        Sess.
---------------------------------------------------------------------------

        Mr. [Dante B.] Fascell [of Florida]: Mr. Speaker, by direction 
    of the Committee on Foreign Affairs, I offer a privileged 
    resolution (H. Res. 384) and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 384

            Resolved, That pursuant to 2 U.S.C. 192 and 194, the 
        Speaker of the House certify the report of the Committee on 
        Foreign Affairs, detailing the refusal of Ralph Bernstein to 
        answer questions of the Subcommittee on Asian and Pacific 
        Affairs of the Committee on Foreign Affairs, to the United 
        States Attorney for the District of Columbia, for him to be 
        proceeded against in the manner and form provided by law; and 
        be it further
            Resolved, That pursuant to 2 U.S.C. 192 and 194, the 
        Speaker of the House certify the report of the Committee on 
        Foreign Affairs, detailing the refusal of Joseph Bernstein to 
        answer questions of the Subcommittee of Asian and Pacific 
        Affairs of the Committee on Foreign Affairs, to the United 
        States Attorney for the District of Columbia, for him to be 
        proceeded against in the manner and form provided by law.

        The Speaker Pro Tempore: The gentleman from Florida [Mr. 
    Fascell] is recognized for 1 hour. . . .
        Mr. Fascell: Mr. Speaker, for the purposes of debate only, I 
    yield 30 minutes to the gentleman from Iowa [Mr. Leach]. I yield 
    the remainder of my time for the purposes of debate to the 
    gentleman from New York [Mr. Solarz], and pending that, I yield 
    myself such time as I may consume.
        Mr. Speaker, I rise in support of the approval of House Report 
    99-462, which concerns proceedings against Ralph Bernstein and 
    Joseph Bernstein. This action is made necessary by the

[[Page 11780]]

    refusal of these two individuals to cooperate with the 
    investigation of the Subcommittee on Asian and Pacific Affairs of 
    the Committee on Foreign Affairs. . . .
        Mr. [Jim] Leach of Iowa: Mr. Speaker, I rise in support of the 
    report of the Committee on Foreign Affairs regarding the refusals 
    of Joseph and Ralph Bernstein to answer certain questions. . . .
        The subcommittee's inquiry was well founded in legislative 
    purpose. Joseph and Ralph Bernstein demonstrated a contempt of 
    Congress by refusing to cooperate with that inquiry. However, I 
    would like to emphasize again, and I'm sure the distinguished 
    chairman of the Subcommittee share this preventive, that the 
    subcommittee prefers to seek information and not punitive actions 
    against these witnesses. They hold the keys to their potential 
    incarceration in their pockets. We continue to hope that Joseph and 
    Ralph Bernstein will cooperate with the subcommittee in its search 
    for the truth in this investigation. In the meantime, I urge my 
    colleagues to support the contempt citation before us to protect 
    the legislative powers and responsibilities of this institution. In 
    this regard, however, as they are individuals of differing 
    circumstances, I demand division of the question.
        The Speaker Pro Tempore: The gentleman's rights will be 
    protected. The question will be divided. . . .
        Mr. [Stephen J.] Solarz [of New York]: Mr. Speaker, I move the 
    previous question on the resolution.
        The previous question was ordered.
        Mr. Leach of Iowa: Mr. Speaker, I renew my demand for a 
    division.
        The Speaker Pro Tempore: The Clerk will report the first part 
    of the resolution.
        The Clerk read as follows:

            Resolved, That pursuant to 2 U.S.C. 192 and 194, the 
        Speaker of the House certify the report of the Committee on 
        Foreign Affairs, detailing the refusal of Ralph Bernstein to 
        answer questions of the Subcommittee on Asian and Pacific 
        Affairs of the Committee on Foreign Affairs, to the United 
        States Attorney for the District of Columbia, for him to be 
        proceeded against in the manner and form provided by law;

        The Speaker Pro Tempore: The question is on the first part of 
    the resolution.
        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        The Speaker Pro Tempore: The Clerk will report the second part 
    of the resolution.
        The Clerk read as follows:

            Resolved, That pursuant to 2 U.S.C. 192 and 194, the 
        Speaker of the House certify the report of the Committee on 
        Foreign Affairs, detailing the refusal of Joseph Bernstein to 
        answer questions of the Subcommittee of Asian and Pacific 
        Affairs of the Committee on Foreign Affairs, to the United 
        States Attorney for the District of Columbia, for him to be 
        proceeded against in the manner and form provided by law.

        The Speaker Pro Tempore: The question is on the second part of 
    the resolution.
        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        Mr. Leach of Iowa: Mr. Speaker, I demand a recorded vote.

[[Page 11781]]

        A recorded vote was ordered.
        The vote was taken by electronic device, and there were--ayes 
    343, noes 50, not voting 41, as follows: . . .

Sec. 49.4 Where an amendment in the form of a limitation is offered to 
    an appropriation bill providing that no part of the appropriation 
    shall be paid to several individuals named, such amendment is 
    divisible and a separate vote may be had on each name.

    On Feb. 5, 1943,(14) Mr. Joseph E. Hendricks, of 
Florida, offered an amendment to an appropriation bill then before the 
Committee of the Whole.
---------------------------------------------------------------------------
14. 89 Cong. Rec. 645, 646, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Amendment offered by Mr. Hendricks: Page 12, line 22, after 
        the word ``Treasury'', strike out the period and insert a colon 
        and the following: ``Provided further, That no part of any 
        appropriation contained in this act shall be used to pay the 
        compensation of William Pickens, Frederick L. Schuman, Goodwin 
        B. Watson, William E. Dodd, Jr., Paul R. Porter, John Herling, 
        Paul F. Brissenden, David J. Saposs, Maurice Parmelee, Harold 
        Loeb, Sam Schmerler, Emil Jack Lever, David Lasser, Tom 
        Tippett, Henry C. Alsberg, David Karr, Guiseppi Facci, David 
        Wahl, Hugh Miller, Walter Gellhorn, Karl Borders, Jack Fahy, 
        Nathaniel Weyl, Robert Morss Lovett, Merle Vincent, Alice 
        Barrows, Arthur F. Goldschmidt, Marcus I. Goldman, Leonard Emil 
        Mins, Henry T. Hunt, Mary McLeod Bethune, Harry C. Lamberton, 
        T. A. Bisson, Katherine Kellock, Jay Deiss, Milton V. Freeman, 
        George Slaff, A. C. Shire, and Edward Scheunemann.''

    Mr. John H. Folger, of North Carolina, rose subsequently to make a 
point of order and stated:

        . . . Thirty-eight or forty names are included within the 
    amendment, and I make the point of order that it is out of order 
    for that reason. Each one must be taken separately. It is a 
    divisible amendment.

    The Chairman (15) subsequently overruled Mr. Folger's 
point of order, noting that:
---------------------------------------------------------------------------
15. William W. Courtney (Tenn.).
---------------------------------------------------------------------------

        . . . [W]hen it comes to voting on the amendment, should the 
    House so desire, the amendment is divisible and a separate vote 
    could be had with respect to each individual name.

Sec. 49.5 A resolution reported from an elections committee providing 
    that one individual is not entitled to a seat in the House and that 
    another individual is entitled to a seat has been held to be 
    divisible.

    On June 9, 1938,(16) Mr. John H. Kerr, of North 
Carolina, called up House Resolution 482, which stated:
---------------------------------------------------------------------------
16. 83 Cong. Rec. 8642, 8660, 75th Cong. 3d Sess.
---------------------------------------------------------------------------

        Resolved, That Arthur B. Jenks is not entitled to a seat in the 
    House of

[[Page 11782]]

    Representatives in the Seventy-fifth Congress from the First 
    Congressional District of the State of New Hampshire; and be it 
    further
        Resolved, That Alphonse Roy is entitled to a seat in the House 
    of Representatives in the Seventy-fifth Congress from the First 
    Congressional District of the State of New Hampshire.

    After debate, Mr. Bertrand H. Snell, of New York, demanded a 
division of the question.
    The Speaker (17) ruled that Mr. Snell was ``entitled to 
ask for a division of the question.''
---------------------------------------------------------------------------
17. William B. Bankhead (Ala.).
---------------------------------------------------------------------------

As to Election of House Officers

Sec. 49.6 Prior to adoption of the rules, a resolution providing for 
    the election of the officers of the House is divisible.

    On Jan. 21, 1971,(18) Mr. Olin E. Teague, of Texas, 
sought immediate consideration of the following resolution:
---------------------------------------------------------------------------
18. 117 Cong. Rec. 13, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

                                 H. Res. 1

        Resolved, That W. Pat Jennings, of the Commonwealth of 
    Virginia, be, and he is hereby, chosen Clerk of the House of 
    Representatives;
        That Zeake W. Johnson, Jr., of the State of Tennessee, be, and 
    he is hereby, chosen Sergeant at Arms of the House of 
    Representatives;
        That William M. Miller, of the State of Mississippi, be, and he 
    is hereby, chosen Doorkeeper of the House of Representatives;
        That H. H. Morris, of the Commonwealth of Kentucky, be, and he 
    is hereby, chosen Postmaster of the House of Representatives;
        That Reverend Edward G. Latch, D.D., of the District of 
    Columbia, be, and he is hereby, chosen Chaplain of the House of 
    Representatives.

    Mr. John B. Anderson, of Illinois, then requested a division of the 
question so that a separate vote could be obtained with respect to the 
Office of the Chaplain. The Speaker (19) honored Mr. 
Anderson's request, and that portion of the resolution was voted on and 
agreed to.(20)
---------------------------------------------------------------------------
19. Carl Albert (Okla.).
20. For a similar instance, see 113 Cong. Rec. 27, 90th Cong. 1st 
        Sess., Jan. 10, 1967. This procedure is usually followed on 
        opening day of each Congress in order to show unanimity of 
        support for the Chaplain of the House.
---------------------------------------------------------------------------