[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 40. Adjournment]
[A. Generally; Adjournments of Three Days or Less]
[Â§ 6. Voting; Effect of Adoption]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 824-828]
 
                               CHAPTER 40
 
                              Adjournment
 
            A. Generally; Adjournments of Three Days or Less
 
Sec. 6. Voting; Effect of Adoption

Sec. 6.1 The motion to adjourn is subject to a record vote.

    On Feb. 8, 1964,(1) a Member inquired whether a motion 
to adjourn would be subject to a roll call vote. The exchange between 
the Member and the Speaker was as follows:
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 1. 110 Cong. Rec. 2616, 2639, 88th Cong. 2d Sess.
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        Mr. [Charles A.] HALLECK [of Indiana]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER.(2) The gentleman will state it.
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 2. John W. McCormack (MA).
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        Mr. HALLECK. When the motion to adjourn is made, could that be 
    subject to a rollcall vote?
        The SPEAKER. If a sufficient number stand. . . .
        Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I move that the 
    House do now adjourn.
        The SPEAKER. The question is on the motion.
        Mr. [William M.] McCULLOCH [of Ohio]. On that, Mr. Speaker, I 
    demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 220, nays 175; not 
    voting 36. . . .
        So the motion to adjourn was agreed to.

Sec. 6.2 Adoption of a concurrent resolution providing for adjournment 
    sine die or adjournment to a day certain

[[Page 825]]

    does not preclude a demand for the yeas and nays on the subsequent 
    motion to adjourn on that day.

    On the legislative day of Sept. 26, 1961,(1) a Member 
called up a privileged Senate concurrent resolution for immediate 
consideration:
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 1. 107 Cong. Rec. 21528, 21529, 87th Cong. 1st Sess.
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        Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I call up for 
    immediate consideration a privileged Senate resolution, Senate 
    Concurrent Resolution 55.
        The Clerk read as follows:

            Resolved by the Senate (the House of Representatives 
        concurring), That the two Houses shall adjourn on Wednesday, 
        the 27th day of September 1961, and that when they adjourn on 
        said day they stand adjourned sine die.

        Mr. ALBERT. Mr. Speaker, I move the previous question on the 
    resolution.
        Mr. [H. Carl] ANDERSEN of Minnesota. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER pro tempore.(2) The gentleman will state 
    it.
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 2. John W. McCormack (MA).
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        Mr. ANDERSEN of Minnesota. Mr. Speaker, in case the privilege 
    is not given to Members to vote by yea and nay on this particular 
    motion will it not be equally possible for a Member of the House to 
    request a yea-and-nay vote on the final adjournment of the House?
        The SPEAKER pro tempore. The answer to that is in the 
    affirmative; the gentleman can submit the request.
        The question is on ordering the previous question.
        The question was ordered.
        The SPEAKER pro tempore. The question is on the resolution.
        The question was taken; and on a division (demanded by Mr. 
    Andersen of Minnesota) there were--yeas 192, nays 6.
        Mr. ANDERSEN of Minnesota. Mr. Speaker, I object to the vote on 
    the ground a quorum is not present, and make the point of order a 
    quorum is not present.
        The SPEAKER pro tempore. The Chair will count. [After 
    counting.] Two hundred and thirty-two Members are present, a 
    quorum.
        Mr. ANDERSEN of Minnesota. Mr. Speaker, I demand the yeas and 
    nays.
        The yeas and nays were refused.
        Mr. ANDERSEN of Minnesota. Mr. Speaker, a point of order.
        The SPEAKER pro tempore. The gentleman will state his point of 
    order.
        Mr. ANDERSEN of Minnesota. Mr. Speaker, the provisions of the 
    Legislative Reorganization Act of 1946 are applicable to both 
    Houses.
        Mr. Speaker, I quote section 132 as follows:

            Except in time of war or during a national emergency 
        proclaimed by the President, the two Houses shall adjourn sine 
        die not later than the last day (Sundays excepted) in the month 
        of July in each year unless otherwise provided by the Congress.

        Mr. Speaker, I make a point of order against the resolution.
        The SPEAKER pro tempore. The Chair is aware that we have a 
    state of

[[Page 826]]

    national emergency, and overrules the point of order.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Sec. 6.3 A division vote may be held on a motion to adjourn.

    On June 15, 1951,(1) a Member inquired as to whether a 
division vote would be in order on a question of adjournment.
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 1. 97 Cong. Rec. 6620, 6621, 82d Cong. 1st Sess.
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        Mr. [Arthur L.] MILLER of Nebraska. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER.(2) The gentleman will state it.
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 2. Sam Rayburn (TX).
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        Mr. MILLER of Nebraska. Mr. Speaker, I expect to make a point 
    of order that a quorum is not present. Should a motion then be made 
    to adjourn, will it be in order to ask for a division on the 
    question of adjournment?
        The SPEAKER. It will.

Sec. 6.4 Where the Speaker counted the Members rising to second a 
    demand for the yeas and nays on a motion to adjourn and then 
    counted the total number of Members present to determine whether 
    one-fifth seconded such demand, he declined to honor the request of 
    a Member that a new count be taken on the ground that some Members 
    entered the Chamber and were counted after the count of those 
    seconding the demand.

    On Jan. 23, 1950,(1) the following transpired in the 
House:
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 1. 96 Cong. Rec. 785, 81st Cong. 2d Sess.
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        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I move 
    that the House do now adjourn.
        Mr. [Vito] MARCANTONIO [of New York]. Mr. Speaker, on that I 
    demand the yeas and nays.
        The SPEAKER(2) [after counting]. Fifty-four Members 
    have arisen, not a sufficient number.
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 2. Sam Rayburn (TX).
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        Mr. [Earl] WILSON of Indiana. Mr. Speaker, a point of order. 
    There were many Members who came in and were counted after the 
    standing count was taken. I ask that the vote be taken again.
        The SPEAKER. The Chair is not going to make the count again 
    because he has just counted both the total number of Members and 
    the number standing to demand the yeas and nays.
        The question is on the motion to adjourn.
        Mr. MARCANTONIO. On that I demand tellers, Mr. Speaker.
        Tellers were ordered, and the Speaker appointed as tellers Mr. 
    McCormack and Mr. Marcantonio.
        The House divided; and the tellers, reported that there were--
    ayes 167, noes 109.
        So the motion was agreed to.

Sec. 6.5 When a quorum fails to vote on a roll call, the Speaker may 
    entertain a motion to

[[Page 827]]

    adjourn, if seconded by a majority of those present, to be 
    ascertained by actual count of the Speaker.

    On Oct. 10, 1940,(1) the following transpired after an 
``automatic'' roll call vote on the issue of referring a vetoed bill to 
the Committee on Immigration and Naturalization:
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 1. 86 Cong. Rec. 13535, 76th Cong. 3d Sess.
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        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker--
        The SPEAKER. (2) The gentleman from Massachusetts.
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 2. Sam Rayburn (TX).
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        Mr. McCORMACK. Mr. Speaker, may I inquire the result of the 
    roll call just taken?
        The SPEAKER. On this roll call 213 Members have answered--108 
    yeas and 105 nays. This is 3 short of a quorum.

                                  adjournment

        Mr. McCORMACK. Mr. Speaker, in view of the situation that 
    exists, which is obvious to all of us, and of necessity, I move 
    that the House do now adjourn.
        Mr. [John C.] SCHAFER of Wisconsin. Mr. Speaker, I demand a 
    second to the motion.
        The SPEAKER. Under the rule the demand for a second is in 
    order. The question is on ordering a second.
        The question was taken; and there were--ayes 144, noes 3.
        So a second was ordered.
        Mr. [Samuel] DICKSTEIN [of New York]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. DICKSTEIN. The vote on the motion to refer the bill to the 
    committee being yeas 108, nays 105, what will happen to the motion 
    if the House adjourns?
        The SPEAKER. The motion will be the continuing business before 
    the House when it convenes on Monday.
        The question is on the motion to adjourn.
        The motion was agreed to; accordingly (at 2 o'clock and 35 
    minutes p.m.) the House, pursuant to its previous order, adjourned 
    until Monday, October 14, 1940, at 12 o'clock noon.

    Parliamentarian's Note: While clause 6(c) of Rule XX(3) 
provides that ``[a]t any time after Members have had the requisite 
opportunity to respond by the yeas and nays, but before a result has 
been announced, a motion that the House adjourn shall be in order if 
seconded by a majority of those present, to be ascertained by actual 
count by the Speaker. If the House adjourns on such a motion, all 
proceedings under this clause shall be considered as vacated.''; this 
clause should be read in light of the analysis in Sec. 3, supra, where 
the availability of a motion to adjourn under the standing rules may be 
foreclosed by a special order of business adopted by

[[Page 828]]

the House which orders the previous question on a (bill) to final 
passage without intervening motion except one motion to recommit, with 
or without instructions. The same rationale precluding the motion to 
adjourn where supervening language of a special rule is operative 
should be interpreted to foreclose a motion to adjourn pending the 
announcement of the result of a yea and nay vote during the operation 
of such supervening language, whether ordered by one-fifth of those 
present or automatic under clause 6(a) of Rule XX.(4)
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 3. House Rules and Manual Sec. 1025 (2007). This clause was formerly 
        clause 4 of Rule XV.
 4. Id.
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    On the occasion of Oct. 10, 1940, the general rules of the House 
were operating on the motion to refer a vetoed bill and the House was 
not operating a special order of business ordering the previous 
question to final passage without intervening motion.