[Deschler-Brown Precedents, Volume 14,  Chapter 30]
[Chapter 30. Voting]
[E. Postponing Votes; Clustering Votes; Reduced Voting Time; Separate Votes]
[Â§ 56. Postponed Proceedings and the Quorum Rule]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 11841-11850]
 
                               CHAPTER 30
 
                                 Voting
 
 E. POSTPONING VOTES; CLUSTERING VOTES; REDUCED VOTING TIME; SEPARATE 
                                 VOTES
 
Sec. 56. Postponed Proceedings and the Quorum Rule

Effect of Announcement of Absence of Quorum on Chair's Authority To 
    Postpone Vote

Sec. 56.1 Where the absence of a quorum has been announced and an 
    automatic vote ordered under Rule XV clause 4, the House may not, 
    even by unanimous consent, conduct any business in the announced 
    absence of a quorum.

    The Speaker's authority to postpone a vote taken in the House may 
not be exercised after a record vote has begun or once the absence of a 
quorum has been announced. The proceedings of July 13, 
1983,(11) are illustrative. On that date, a vote on the 
Speaker's announced approval of the Journal was objected to on the 
ground that a quorum was not present. The Speaker declared that a 
quorum was indeed not present and directed an ``automatic'' call of the 
roll under Rule XV clause 5. When the electronic system then failed, an 
attempt was made to vacate the demand so that the House would not have 
to settle the question by using the time-consuming back-up device of 
having the Clerk call the roll. The proceedings were as follows:
---------------------------------------------------------------------------
11. 129 Cong. Rec. 18844, 98th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: (12) The Chair has examined the Journal 
    of the last day's proceedings and announces to the House his 
    approval thereof.
---------------------------------------------------------------------------
12. Thomas P. O'Neill, Jr. (Mass.).
---------------------------------------------------------------------------

        Pursuant to clause 1, rule I, the Journal stands approved.
        Mr. [Bill] Archer [of Texas]: Mr. Speaker, pursuant to clause 
    1, rule I, I demand a vote on agreeing to the Speaker's approval of 
    the Journal.
        The Speaker: The question is on the Chair's approval of the 
    Journal.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.

[[Page 11842]]

        Mr. Archer: 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.
        The Speaker: Evidently a quorum is not present.
        The Speaker Pro Tempore: (13) The Chair would like 
    to make an announcement.
---------------------------------------------------------------------------
13. Barbara Boxer (Calif.).
---------------------------------------------------------------------------

        The Chair has been advised that the electronic voting system is 
    at the present time not operable.
        Until further notice, therefore, all votes and quorum calls 
    will be taken by the stand-by procedures which are provided for in 
    the rules.
        The Sergeant at Arms will notify absent Members, and the Clerk 
    will call the roll.
        The Clerk proceeded to call the roll.
        Mr. [William] Carney [of New York] (during the rollcall): Madam 
    Speaker, may I make a parliamentary inquiry?
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Carney: Would it be possible to take the vote on the 
    Journal by a voice vote at this time? Could we make a unanimous-
    consent request to take the Journal vote by a voice vote?
        The Speaker Pro Tempore: Under the rule, the yeas and nays must 
    be taken. Since the absence of a quorum has been disclosed, no 
    unanimous-consent business can be transacted.
        Mr. [William R.] Ratchford [of Connecticut]: Madam Speaker as a 
    parliamentary inquiry, may I ask, is it possible under the rules to 
    delay the vote?
        The Speaker Pro Tempore: The Chair is advised that it is not 
    now possible to postpone the vote which has been commenced, and 
    since the absence of a quorum has been announced by the Chair.

Point of No Quorum Considered as Withdrawn Where Vote Is Postponed

Sec. 56.2 Pursuant to Rule XV clause 6(e), which prohibits the Speaker 
    from entertaining a point of no quorum unless he has put the 
    question on the pending proposition, the Speaker announces, after 
    postponing a vote on a motion to suspend the rules where objection 
    has been made to the vote on the ground that a quorum is not 
    present, that the point of order is ``considered as withdrawn'' 
    since the Chair is no longer putting the question, and a Member may 
    not insist on the point of order that a quorum is not present.

        Before the adoption on Jan. 4, 1977,(14) of Rule XV 
    clause 6(e), which prohibits the Speaker from entertaining a point 
    of no quorum unless the Speaker has put the pending question to a 
    vote, it was possible to have a call of the House after the Speaker 
    had exercised his authority to postpone further consideration of a 
    suspension motion. The Speaker customarily

[[Page 11843]]

    asked if the Member making the point of no quorum if he or she 
    would withdraw it. Such quorum calls, even though taken by 
    electronic device, were often time-consuming and interrupted the 
    consideration of motions to suspend the rules. An illustration of 
    the practice followed before adoption of clause 6(e) is found in 
    the proceedings of Oct. 20, 1975: (15)
---------------------------------------------------------------------------
14. 123 Cong. Rec. 70, 95th Cong. 1st Sess.
15. 121 Cong. Rec. 33004, 33005, 94th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (16) The question is on the 
    motion offered by the gentlewoman from New York (Ms. Abzug) that 
    the House suspend the rules and pass the bill H.R. 9924, as 
    amended.
---------------------------------------------------------------------------
16. John J. McFall (Calif.).
---------------------------------------------------------------------------

        Mr. [Robert E.] Bauman [of Maryland]: Mr. Speaker, I demand a 
    recorded vote.
        A recorded vote was refused.
        Mr. Bauman: 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.
        The Speaker Pro Tempore: Pursuant to the provisions of clause 
    3(b) of rule XXVII and the prior announcement of the Chair, further 
    proceedings on this motion will be postponed.
        Does the gentleman from Maryland withdraw his point of order 
    that there is no quorum?
        Mr. Bauman: Before I do, Mr. Speaker, a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Bauman: Mr. Speaker, the Chair announced that 28 Members 
    asked for a recorded vote. Is it not one-fifth of the membership 
    present?
        The Speaker Pro Tempore: The Chair would advise the gentleman 
    that under clause 5 of rule I, on a recorded vote, one-fifth of a 
    quorum, or 44 Members is required in the House. If the gentleman 
    had asked for the yeas and nays, then it would have been one-fifth 
    of those present. The gentleman asked for a recorded vote.
        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Ashbrook: Mr. Speaker, is it too late to ask for the yeas 
    and nays?
        The Speaker Pro Tempore: It is at this time. The objection has 
    been made to the vote on the ground that a quorum is not present, 
    and the Chair has stated that under the rule, further proceedings 
    have been postponed.
        Will the gentleman from Maryland withdraw his point of order 
    that there is no quorum?
        Mr. Bauman: No, Mr. Speaker.
        The Speaker Pro Tempore: Evidently a quorum is not present.
        Without objection, a call of the House is ordered.
        There was no objection.
        Since the amendment to Rule XV which became effective in the 
    95th Congress,(17) the following procedure is customary: 
    (18)
---------------------------------------------------------------------------
17. 123 Cong. Rec. 70, 95th Cong. 1st Sess., Jan. 4, 1977.
18. 123 Cong. Rec. 14785, 95th Cong. 1st Sess., May 16, 1977.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (19) The question is on the 
    motion offered by the gentleman from New York (Mr. Murphy) that the 
    House suspend the

[[Page 11844]]

    rules and pass the bill H.R. 3849, as amended.
---------------------------------------------------------------------------
19. John Brademas (Ind.).
---------------------------------------------------------------------------

        The question was taken.
        Mr. [Ronald M.] Mottl [of Ohio]: Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were refused.
        Mr. Mottl: 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.
        The Speaker Pro Tempore: Pursuant to the provisions of clause 
    3(b) of rule XXVII, and the prior announcement of the Chair, 
    further proceedings on this motion will be postponed.
        The point of order is considered withdrawn.
        The Speaker does have complete discretion to recognize for a 
    motion for a call of the House. If a call is necessary between 
    suspension motions, or indeed between any series of matters where 
    the votes are being postponed, the Speaker can recognize for such a 
    motion. Rule XV clause 6(e)(2),(20) which bestows this 
    discretion, is as follows:
---------------------------------------------------------------------------
20. House Rules and Manual Sec. 774d (1995).
---------------------------------------------------------------------------

        Notwithstanding subparagraph (1), it shall always be in order 
    for a Member to move a call of the House when recognized for that 
    purpose by the Speaker, and when a quorum has been established 
    pursuant to a call of the House, further proceedings under the call 
    shall be considered as dispensed with unless the Speaker, in his 
    discretion, recognizes for a motion under clause 2(a) of this rule 
    or for a motion to dispense with further proceedings under the 
    call.

    The proceedings of Sept. 24, 1979,(1) are illustrative 
of the Speaker's exercise of this discretion when he refused to 
recognize a Member moving a call of the House after a suspension motion 
had been postponed.
---------------------------------------------------------------------------
 1. 125 Cong. Rec. 25876, 96th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (2) The question is on the 
    motion offered by the gentleman from Alabama (Mr. Nichols) that the 
    House suspend the rules and pass the bill, H.R. 5168.
---------------------------------------------------------------------------
 2. John J. Cavanaugh (Neb.).
---------------------------------------------------------------------------

        The question was taken.
        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were refused.
        Mr. Ashbrook: 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.
        The Speaker: Pursuant to clause 3 of rule XXVII and the Chair's 
    prior announcement, further proceedings on this motion will be 
    postponed.
        Mr. Ashbrook: Mr. Speaker, I insist on my point of order.
        The Speaker Pro Tempore: The point of order is considered 
    withdrawn. The question is no longer pending.
        Mr. Ashbrook: Mr. Speaker, I move a call of the House.
        The Speaker Pro Tempore: The Chair did not recognize the 
    gentleman for that purpose.

Objection to Vote on Ground of No Quorum Takes Precedence of Point of 
    No Quorum

Sec. 56.3 Where a Member makes a point of no quorum when a

[[Page 11845]]

    question is put by the Speaker, as permitted by Rule XV clause 
    6(e), another Member may, pending the Speaker's count of the House, 
    object to the vote on the basis that a quorum is not present under 
    clause 4 of that rule, thereby permitting the Speaker to postpone 
    further proceedings on the question which has the effect of mooting 
    the point of no quorum, there no longer being a pending question to 
    put to a vote.

    Clause 6(e) of Rule XV, which prohibits the Speaker from 
entertaining a point of no quorum unless a pending question is put to a 
vote, was adopted in the first session of the 95th 
Congress.(3) Later in that same session, during 
consideration of a series of motions to suspend the rules, a division 
of the House was requested when the Speaker put the question on the 
adoption of one of the motions. The Chair's count of those supporting 
and opposing the motion was less than a quorum, and Mr. John M. 
Ashbrook, of Ohio, then objected to the vote on the ground that a 
quorum was not present. Subsequent proceedings were as 
follows:(4)
---------------------------------------------------------------------------
 3. H. Res. 5, 123 Cong. Rec. 54, 95th Cong. 1st Sess., Jan. 4, 1977.
 4. 123 Cong. Rec. 31048, 95th Cong. 1st Sess., Sept. 27, 1977.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (5) The question is on the 
    motion offered by the gentleman from New York (Mr. Solarz) that the 
    House suspend the rules and agree to the resolution (H. Res. 724) 
    as amended.
---------------------------------------------------------------------------
 5. John P. Murtha (Pa.).
---------------------------------------------------------------------------

        The question was taken; and on a division (demanded by Mr. 
    Ashbrook) there were--ayes 38, noes 0.)
        Mr. Ashbrook: Mr. Speaker, I make the point of order that a 
    quorum is not present.
        The Speaker Pro Tempore: Does the gentleman from Ohio (Mr. 
    Ashbrook) object to the vote on the ground that a quorum is not 
    present?
        Mr. Ashbrook: No. Under article I of the Constitution, which 
    requires a quorum be present for the conduct of business, I make 
    the point of order that a quorum is not present.
        Mr. [Stephen J.] Solarz [of New York]: Mr. Speaker, I ask for a 
    vote on the resolution.
        The Speaker Pro Tempore: Does the gentleman from New York (Mr. 
    Solarz) object to the vote on the ground that a quorum is not 
    present?
        Mr. Solarz: No objection.
        Mr. [Teno] Roncalio [of Wyoming]: 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.
        The Speaker Pro Tempore: Pursuant to clause 3 of rule XXVII, 
    and the Chair's prior announcement, further proceedings on this 
    motion will be postponed.
        Mr. Ashbrook: Mr. Speaker, I insist on my point of order that a 
    quorum is not present, as required under the

[[Page 11846]]

    Constitution, for the conduct of business.
        The Speaker Pro Tempore: The Chair will inform the gentleman 
    that further proceedings have been postponed, there is no longer a 
    pending question being put to a vote, and under clause 6(e), rule 
    XV, the point of order is not now in order.
        Mr. Ashbrook: Mr. Speaker, I have a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state his 
    parliamentary inquiry.
        Mr. Ashbrook: Mr. Speaker, the Chair counted the House not more 
    than 1 minute ago and found that not even 40 Members were present. 
    I do not think any Member was present who did not stand. There was 
    clearly not a quorum present.
        I want the record to show that I object to that. I think my 
    rights and responsibilities as a Member of Congress have been 
    diluted by this rule, and I want to object to further proceedings 
    because there is not a quorum present, as required by the 
    Constitution.
        Mr. Speaker, I make a point of order to that effect.
        The Speaker Pro Tempore: The Chair will inform the gentleman 
    that the Chair merely counted a division vote, and did not count 
    the House.

Withdrawal of Objection To Vote on Ground That Quorum Not Present To 
    Permit Demand for Yeas and Nays

Sec. 56.4 Where a Member objects to a vote on a motion to suspend the 
    rules on the ground that a quorum is not present, and the vote is 
    then postponed under the rule, it is too late to demand the yeas 
    and nays (until that motion is again before the House as unfinished 
    business) unless, by unanimous consent, the proceedings are vacated 
    so the questions remain pending before the House.

    Where the yeas and nays are ordered before the Speaker exercises 
his authority to postpone a vote, that order remains valid when the 
question again is before the House as the pending or unfinished 
business. An illustration of this principle is found in the proceedings 
of Mar. 15, 1976,(6) as shown below:
---------------------------------------------------------------------------
 6. 122 Cong. Rec. 6417, 6418, 94th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (7) The question is on the 
    motion offered by the gentleman from North Carolina (Mr. Taylor) 
    that the House suspend the rules and pass the bill H.R. 7743, as 
    amended.
---------------------------------------------------------------------------
 7. John J. McFall (Calif.).
---------------------------------------------------------------------------

        The question was taken.
        Mr. [John M.] Ashbrook [of Ohio]: 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.

        The Speaker Pro Tempore: Pursuant to the provisions of clause 3 
    of rule XXVII, the Chair's prior announce

[[Page 11847]]

    ment, further proceedings on this motion will be postponed.
        Does the gentleman from Ohio withdraw his point of order of no 
    quorum?
        Mr. Ashbrook: Mr. Speaker, I have a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        MR. Ashbrook: Mr. Speaker, is the Chair putting the question on 
    the bill?
        The Speaker Pro Tempore: The Chair would state that the vote 
    has been put over, on the strength of the gentleman's point of 
    order. We would have to have a quorum call if the gentleman does 
    not withdraw his point of order at this time.
        Mr. Ashbrook: Mr. Speaker, it is my understanding it could be 
    called and we might not have a vote on it. Is that not correct?
        The Speaker Pro Tempore: That is correct. The gentleman could 
    have asked for the yeas and nays to order a rollcall vote.
        Mr. Ashbrook: Mr. Speaker, I demand the yeas and nays.
        The Speaker Pro Tempore: The gentleman should first ask 
    unanimous consent to vacate the previous proceedings under which 
    the vote was postponed by his point of order? Does the gentleman 
    make that request?
        Mr. Ashbrook: Yes, Mr. Speaker.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Ohio?
        There was no objection.
        Mr. Ashbrook: Mr. Speaker, I demand the yeas and nays.
        The yeas and nays were ordered.
        The Speaker Pro Tempore: Pursuant to clause 3 of rule XXVII and 
    the Chair's prior announcement, further proceedings on this motion 
    will be postponed.

Where Speaker Authorizes Postponement of Vote, Opportunity To Demand 
    Yeas and Nays Deferred

Sec. 56.5 Where the vote on a motion is postponed because objection to 
    the voice vote is based upon the absence of a quorum, it is then 
    too late to demand the yeas and nays. When the postponed question 
    is later put de novo, the yeas and nays or a recorded vote can then 
    be demanded.

    On May 15, 1984,(8) a motion to suspend the rules was 
put to a voice vote. The proceedings were then as indicated:
---------------------------------------------------------------------------
 8. 130 Cong. Rec. 12240, 98th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (9) The question is on the 
    motion offered by the gentleman from Kentucky (Mr. Perkins) that 
    the House suspend the rules and pass the bill, H.R. 5345.
---------------------------------------------------------------------------
 9. Wyche Fowler, Jr. (Ga.).
---------------------------------------------------------------------------

        The question was taken.
        Mr. [Carl D.] Perkins [of Kentucky]: 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.
        The Speaker Pro Tempore: Pursuant to the provisions of clause 
    5, rule I, and the Chair's prior announcement, further proceedings 
    on this motion will be postponed.

[[Page 11848]]

        The point of order of no quorum is considered withdrawn.
        Mr. Perkins: Mr. Speaker, I ask unanimous consent that all 
    Members may have 5 legislative days to revise and extend their 
    remarks on the bill just under consideration.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Kentucky? . . .
        Mr. [William F.] Goodling [of Pennsylvania]: Mr. Speaker, I 
    have a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state his 
    parliamentary inquiry.
        Mr. Goodling: Mr. Speaker, I was going to demand the yeas and 
    nays and did not hear the question put. I would like to demand the 
    yeas and nays.
        The Speaker Pro Tempore: The Chair put the question. There was 
    an objection for lack of a quorum. Under the previous announcement, 
    that vote has been postponed until all suspensions are considered.
        Mr. Goodling: There will be a record vote?
        The Speaker Pro Tempore: There will be an opportunity for a 
    record vote at that time.
        May the Chair clarify once more to the gentleman from 
    Pennsylvania, that question will be decided when the question is 
    out de novo at that time as to whether or not a quorum is present.
        Mr. Goodling: That is why I wanted the yeas and nays.

Putting Deferred Questions De Novo

Sec. 56.6 Where a vote is objected to on the ground that a quorum is 
    not present, and the Speaker then chooses to postpone the vote by 
    exercising his authority under Rule I clause 5, the point of no 
    quorum is considered as withdrawn (no question then remaining 
    before the House) and the question is later put de novo by voice 
    vote as unfinished business.

    Where a suspension motion was under consideration and the Speaker 
put the question to a voice vote, Mr. Robert S. Walker, of 
Pennsylvania, first asked for the yeas and nays, but before the Speaker 
had counted those standing to support the demand, the demand was 
withdrawn. Mr. Walker then objected to the vote under Rule XV clause 4, 
and the Speaker postponed the vote. The proceedings were as carried 
below: (10)
---------------------------------------------------------------------------
10. 131 Cong. Rec. 35589, 99th Cong. 1st Sess., Dec. 10, 1985.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (11) The gentleman from 
    Pennsylvania demands the yeas and nays.
---------------------------------------------------------------------------
11. Thomas R. Carper (Del.).
---------------------------------------------------------------------------

        Mr. Walker: 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.
        The Speaker Pro Tempore: Pursuant to clause 5, rule I, and the 
    Chair's prior announcement, further pro

[[Page 11849]]

    ceedings on this motion will be postponed.
        The point of no quorum is considered withdrawn.
        Mr. Walker: Mr. Speaker, I have a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Walker: Mr. Speaker, has a vote been ordered on the 
    measure?
        The Speaker Pro Tempore: The Chair will state that the 
    gentleman from Pennsylvania withdrew his demand for the yeas and 
    nays and the vote has been postponed until the conclusion of the 
    other two suspensions at which time the vote will be de novo and a 
    record vote could be ordered.

Putting the Question De Novo on Postponed Vote

Sec. 56.7 Where a Member withdraws his objection to a voice vote on an 
    amendment on the ground that a quorum is not present and the House 
    then agrees by unanimous consent to postpone further proceedings to 
    a future day, the question on adoption of the amendment is put de 
    novo on that future day, and a roll call vote is not automatic at 
    that time.

    On Mar. 23, 1953,(12) the House entertained 
consideration of a bill (H.R. 3655) to provide for the control of 
alcoholic beverages in certain clubs in the District of Columbia and 
for other purposes. In the course of the bill's consideration, Mr. 
Wayne L. Hays, of Ohio, demanded a separate vote on a particular 
amendment. There being no other requests for separate votes, the 
remaining amendments were put en gross, and agreed to.
---------------------------------------------------------------------------
12. 99 Cong. Rec. 2251, 2252, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker (13) then directed the Clerk to report 
    the amendment on which a separate vote had been demanded. The Clerk 
    read the proposal, the question was put and taken; and the Speaker 
    announced that the ayes appeared to have it. Mr. Hays then objected 
    to the vote on the ground that a quorum was not present.
---------------------------------------------------------------------------
13. Joseph W. Martin, Jr. (Mass.).
---------------------------------------------------------------------------

        At this point, Mr. Carroll D. Kearns, of Pennsylvania, urged 
    Mr. Hays to withhold his objection to the vote on the amendment. 
    Mr. Kearns pointed out that a vote on other legislation was 
    withheld and carried over as the first order of business on the 
    next Wednesday pursuant to the request of the majority party. He 
    suggested, accordingly, that the amendment be voted on as the 
    second order of business on that Wednesday.
        The following proceedings then occurred:
        The Speaker: The Chair will state that that will not jeopardize 
    the gentleman's rights.
        Mr. Hays of Ohio: I have no objection, Mr. Speaker.
        The Speaker: Without objection, further proceedings in 
    connection with

[[Page 11850]]

    the amendment and the bill will be postponed until Wednesday next.
        There was no objection.
        Mr. Kearns: Mr. Speaker, the Committee on the District of 
    Columbia has no further business for today.
        Mr. Hays of Ohio: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Hays of Ohio: Mr. Speaker, am I correct in saying that the 
    second order of business on Wednesday next will be a rollcall on 
    this amendment.
        The Speaker: Not a rollcall; it will be a vote on the 
    amendment.
        Mr. Hays of Ohio: Mr. Speaker, I made the point of order that a 
    quorum was not present, and under those circumstances the rollcall 
    is automatic. I will not agree to any withholding of it unless 
    there is a rollcall, because a rollcall is automatic. I think the 
    Speaker will agree that a quorum is not present now.
        The Speaker: The gentleman is mistaken in his impression. Today 
    a rollcall would be automatic, but not on Wednesday, unless the 
    House so orders.
        Mr. Hays of Ohio: I do not want to agree to anything like that, 
    Mr. Speaker.
        The Speaker: It has already been agreed to. The gentleman has 
    forfeited any rights he might have. I am very sorry if he did not 
    understand the situation.