[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 40. Adjournment]
[A. Generally; Adjournments of Three Days or Less]
[Â§ 8. Dilatory Motions; Repetition of Motion]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 831-836]
 
                               CHAPTER 40
 
                              Adjournment
 
            A. Generally; Adjournments of Three Days or Less
 
Sec. 8. Dilatory Motions; Repetition of Motion

    A motion to adjourn may be ruled out of order as dilatory--that is, 
made solely for the purpose of delaying the legislative

[[Page 832]]

process--pursuant to a point of order raised against the motion by 
another Member or at the initiative of the Chair. (1)
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 1. 5 Hinds' Precedents Sec. Sec. 5721, 5731; 8 Cannon's Precedents 
        Sec. Sec. 2796, 2813; and House Rules and Manual Sec. Sec. 902, 
        903 (2007).
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    Repeated motions to adjourn are allowed in the House, if other 
business has intervened.(2)
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 2. See Sec. Sec. 8.1-8.3, 
        infra.                          -------------------
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Repeated Motions to Adjourn

Sec. 8.1 The transaction of a unanimous-consent request to delete a 
    Member's name from the list of cosponsors of a bill is such 
    ``intervening business'' as would enable repetition of the motion 
    to adjourn.

    On Nov. 18, 1999,(1) a Member made a motion that the 
House adjourn:
---------------------------------------------------------------------------
 1. 145 Cong. Rec. 30644, 30645, 106th Cong. 1st Sess. For an example 
        of how the motion to adjourn may not be repeated in absence of 
        ``intervening business'' see Sec. 3.19, supra.
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                               MOTION TO ADJOURN

        Mr. [Ron] KIND [of Wisconsin]. Mr. Speaker, I move that the 
    House do now adjourn.
        The question was taken; and the Speaker pro tempore announced 
    that the noes appeared to have it.

                                 recorded vote

        Mr. [David R.] OBEY [of Wisconsin]. Mr. Speaker, I demand a 
    recorded vote.
        A recorded vote was ordered.
        The vote was taken by electronic device, and there were--ayes 
    25, noes 395, not voting 13, as follows:

                              [Roll No. 603] . . .

        So the motion to adjourn was rejected.
        The result of the vote was announced as above 
    recorded.                          -------------------

              REMOVAL OF NAME OF MEMBER AS COSPONSOR OF H.R. 2420

        Mr. [Sherwood L.] BOEHLERT [of New York]. Mr. Speaker, I ask 
    unanimous consent that my name be removed as a cosponsor of H.R. 
    2420.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from New York?
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 2. J. Dennis Hastert (IL).
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        There was no 
    objection.                          -------------------

                               MOTION TO ADJOURN

        Mr. OBEY. Mr. Speaker, I move that the House do now adjourn.
        The SPEAKER. The question is on the motion to adjourn offered 
    by the gentleman from Wisconsin [Mr. Obey].
        The question was taken; and the Speaker announced that the noes 
    appeared to have it.

Sec. 8.2 After the Speaker has entertained a motion that the

[[Page 833]]

    House adjourn, it is too late to make the point of order that the 
    motion is dilatory on the ground that the House rejected such a 
    motion an hour previously.

    On Feb. 22, 1950,(1) the Speaker, having entertained a 
motion to adjourn, did not sustain a point of order that the motion to 
adjourn was dilatory.
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 1. 96 Cong. Rec. 2161, 81st Cong. 2d Sess.
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        The SPEAKER. (2) The gentleman from Florida [Mr. 
    Sikes] moves that the House do now adjourn.
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 2. Sam Rayburn (TX).
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        Mr. [Vito] MARCANTONIO [of New York]. Mr. Speaker, a point of 
    order on the motion.
        The SPEAKER. The gentleman will state it.
        Mr. MARCANTONIO. Mr. Speaker, I submit the motion to adjourn is 
    dilatory. While I recognize that intervening business has been 
    transacted, such as voting on the motion to dispense with Calendar 
    Wednesday business, it seems to me that the House has expressed its 
    will on this matter about an hour ago and the House refused to 
    adjourn. I think it is obvious to the Speaker that the House has 
    refused to adjourn and the motion, therefore, is dilatory.
        The SPEAKER. The Chair has already entertained the motion. The 
    question is on the motion offered by the gentleman from Florida.

Sec. 8.3 After a motion to adjourn has been made and rejected, a second 
    motion that the House adjourn is held not dilatory and in order if 
    other business has intervened.

    On Feb. 15, 1950,(1) a Member made a point of order 
against a motion to adjourn, claiming it was dilatory:
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 1. 96 Cong. Rec. 1809, 81st Cong. 2d Sess.
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                               motion to adjourn

        Mr. [Ed] GOSSETT [of Texas]. Mr. Speaker, I move that the House 
    do now adjourn.
        Mr. [Vito] MARCANTONIO [of New York]. Mr. Speaker, a point of 
    order.
        The SPEAKER. (2) The gentleman will state it.
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 2. Sam Rayburn (TX).
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        Mr. MARCANTONIO. Just preceding the last roll call the House 
    refused to adjourn. I submit that this motion is dilatory. I 
    understand that it is entirely within the Speaker's discretion to 
    rule on these motions, but in view of the fact that we have just 
    had a motion to adjourn this one obviously is dilatory.
        Mr. GOSSETT. Mr. Speaker, if the Chair will hear me on the 
    point of order, other business has been transacted and another roll 
    call has intervened.
        The SPEAKER. The Chair is prepared to rule. Business has 
    intervened. The Chair holds the motion to be in order.

Refusal of Recognition

Sec. 8.4 Where a motion to adjourn is rejected pending a

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    motion to dispense with further proceedings under a call of the 
    House and that motion is then adopted, recognition for the 
    immediate repetition of a motion to adjourn may be denied pending 
    the calling up of a bill on Calendar Wednesday.

    On Feb. 15, 1950,(1) the Speaker exercised his 
discretion not to recognize Members for motions to adjourn:
---------------------------------------------------------------------------
 1. 96 Cong. Rec. 1810-12, 81st Cong. 2d Sess.
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                               call of the house

        Mr. [J. Percy] PRIEST [of Tennessee]. Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names:

                              [Roll No. 49] . . .

        The SPEAKER.(2) On this roll call 326 Members have 
    answered to their names, a quorum.
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 2. Sam Rayburn (TX).
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        Is there objection to dispensing with further proceedings under 
    the call?
        Mr. [Tom] PICKETT [of Texas]. Mr. Speaker, I object.
        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I move 
    that further proceedings under the call be dispensed with.
        The SPEAKER. The question is on the motion offered by the 
    gentleman from Massachusetts [Mr. McCormack.]
        The question was taken; and on a division (demanded by Mr. 
    Pickett) there were--ayes, 126, noes 17.
        Mr. PICKETT. Mr. Speaker, I object to the vote on the ground 
    that a quorum is not present.
        Mr. [Clare E.] HOFFMAN of Michigan. Mr. Speaker, I move that we 
    do now adjourn.
        The SPEAKER. The Chair will count. [After counting.] Evidently 
    a quorum is not present.
        Mr. HOFFMAN of Michigan. Mr. Speaker, a preferential motion. I 
    move that the House do now adjourn; and on that motion I ask for 
    the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 126, nays 198, not 
    voting 108, as follows:

                              [Roll No. 50] . . .

        So the motion to adjourn was rejected.
        The Clerk announced the following pairs: . . .
        The SPEAKER. The question is on the motion of the gentleman 
    from Massachusetts [Mr. McCormack] to dispense with further 
    proceedings under the call.
        Mr. PICKETT. Mr. Speaker, a parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. PICKETT. Mr. Speaker, at the time the gentleman from 
    Michigan moved to adjourn, the Speaker had just stated what the 
    question was--which was the motion of the gentleman from 
    Massachusetts [Mr. McCormack] to dispense with further proceedings 
    under a preceding call of the House. I

[[Page 835]]

    objected to the vote, as was revealed by a division on the 
    question, on the ground that a quorum was not present. Is not now 
    the order of business an automatic roll call on the motion of the 
    gentleman from Massachusetts [Mr. McCormack]?
        The SPEAKER. No; it is not. The vote now comes de novo.
        The question is on the motion of the gentleman from 
    Massachusetts [Mr. McCormack].
        The question was taken; and on a division (demanded by Mr. 
    Pickett) there were--ayes 138, noes 6.
        Mr. [William M.] COLMER [of Mississippi]. Mr. Speaker, I object 
    to the vote on the ground that a quorum is not present, and I make 
    the point of order that a quorum is not present.
        Mr. [Anthony] CAVALCANTE [of Pennsylvania]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. CAVALCANTE. Under the rules of the House, are the 
    cloakrooms a part of the Hall of the House?
        The SPEAKER. The Chair cannot count any Members that he cannot 
    see.
        The Chair will count. [After counting.] Evidently there is no 
    quorum present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.
        The question was taken; and there were--yeas 243, nays 86, 
    answered ``present'' 1, not voting 102, as follows:

                              [Roll No. 51] . . .

        So the motion was agreed to.
        The Clerk announced the following pairs: . . .

                               calendar wednesday

        The SPEAKER. The Clerk will call the committees.
        The Clerk called the Committee on the District of Columbia.
        Mr. [Clare E.] HOFFMAN of Michigan. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER. The Chair does not yield to the gentleman for a 
    parliamentary inquiry at this time.
        Mr. [Howard W.] SMITH of Virginia. Mr. Speaker, I move that the 
    House do now adjourn.
        The SPEAKER. The Clerk has called the Committee on the District 
    of Columbia. The Chair recognizes the gentleman from South Carolina 
    [Mr. McMillian].
        Mr. SMITH of Virginia. Mr. Speaker, I move that the House do 
    now adjourn. That motion is always in order.
        The SPEAKER. The Chair has recognized the gentleman from South 
    Carolina [Mr. McMillian].
        Mr. [William M.] COLMER [of Mississippi]. Mr. Speaker, I offer 
    a preferential motion.
        The SPEAKER. The gentleman from South Carolina [Mr. McMillan] 
    has been recognized.
        Mr. COLMER. Mr. Speaker, I move that the House do now adjourn.
        The SPEAKER. The gentleman from South Carolina [Mr. McMillian] 
    has been recognized.

    Parliamentarian's Note: Repeated motions and roll calls were sought 
in this instance in an effort to delay business under the Calendar 
Wednesday rule, and there was no intervening business

[[Page 836]]

at this point prior to the calling up of the bill.