[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[A. Calls of the House]
[Â§ 1. In General; Scope]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3495-3505]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 1. In General; Scope



    Article I, section 5, of the Constitution,(1) provides 
that ``a Majority of each [House] shall constitute a Quorum to do 
Business; but a smaller Number may adjourn from day to day, and may be 
authorized to compel the Attendance of absent Members, in such Manner, 
and under such Penalties as each House may provide.'' A quorum consists 
of a majority (2) of those Members sworn and 
living,(3) whose membership has not been terminated by 
resignation or action of the House.(4)
---------------------------------------------------------------------------
 1. See House Rules and Manual Sec. Sec. 52-57 (1979), for a discussion 
        of earlier precedents relating to this provision.
            For earlier treatment of the quorum, see 4 Hinds' 
        Precedents Sec. Sec. 2884-2979; and 6 Cannon's Precedents 
        Sec. Sec. 638-677; discussion of calls of the House appears in 
        4 Hinds' Precedents Sec. Sec. 2980-3055; and 6 Cannon's 
        Precedents Sec. Sec. 678-707.
 2. Sec. 1.1, infra.
 3. Sec. 1.2, infra.
 4. 4 Hinds' Precedents Sec. Sec. 2889, 2890; and 6 Cannon's Precedents 
        Sec. 638.
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    A quorum is presumed to be present unless a point of no quorum is 
made.(5) Although it is not the duty of the Chair to take 
cognizance of the absence of a quorum unless disclosed by a vote or 
questioned by a point of no quorum,(6) failure of a quorum 
to vote on a roll call cannot be ignored; the Chair must announce that 
fact although it was not objected to from the floor.(7)
---------------------------------------------------------------------------
 5. Sec. 1.3, infra.
 6. 6 Cannon's Precedents Sec. 565.
 7. 4 Hinds' Precedents Sec. Sec. 2953, 2963; and 6 Cannon's Precedents 
        Sec. 624.
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    After the absence of a quorum has been announced, no ``business'' 
including a unanimous-consent request to withdraw the point of no 
quorum,(8) is in order until a quorum has been 
established.(9) Nonetheless, the motion to adjourn, the 
motion for a call of the House (10) and motions incidental 
to a call of the House (11) are in order in the absence of a 
quorum. Similarly, the House may adjourn sine die in the absence of a 
quorum where both Houses
---------------------------------------------------------------------------
 8. See Sec. Sec. 10, 18.7, infra, for a discussion of the definition 
        of ``business.''
 9. Sec. 1.5, infra.
10. Sec. 1.6, infra.
11. Sec. 1.11, infra.
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[[Page 3496]]

have adopted a concurrent resolution providing for a sine die 
adjournment on that day.(12) Moreover, under the precedents, 
a quorum is not required for the opening prayer and Members are not 
recognized for such a point of order.(13)
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12. Sec. 1.13, infra; see also Sec. 8, infra, for a discussion of the 
        motion to adjourn.
13. Sec. 1.12, infra.
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    In the 93d Congress, on Apr. 9, 1974, certain changes were adopted 
in the rules governing the time for making a point of no quorum, as 
well as the proper procedures relating to quorum calls. These changes 
will be discussed in detail in supplements to this edition as they 
appear. Broadly, under the new procedures, a point of no quorum may not 
be entertained (1) before or during the offering of prayer; (2) during 
the administration of the oath of office to the Speaker, Speaker pro 
tempore, Member, Delegate, or Resident Commissioner; (3) during the 
reception of any message from the President or the Senate; and (4) 
during the offering, consideration, and disposition of any motion 
incidental to a call of the House. The House Rules and Manual, 
published each Congress, can serve as a reference for changes of the 
rules relating to the establishment of a quorum which have occurred 
following the publication date of this volume.
    In addition, since the beginning of the 93d Congress, once the 
Chairman of the Committee of the Whole determines during a quorum call 
that a quorum is present, he may, under Rule XXIII clause 2(a), declare 
that a quorum is constituted, whereupon proceedings under the call are 
considered vacated.
    Similarly, after the presence of a quorum is ascertained, a further 
point of no quorum may not be made or entertained during reading of the 
Journal, pending a report from the Committee of the Whole to the House, 
during special orders, or any other time until additional business 
intervenes. A quorum is not required in the Committee of the Whole for 
agreement to a motion that the Committee rise.
    In the 94th and 95th Congresses, other changes were adopted in the 
rules regarding the necessity for and establishment of a quorum. Under 
clause 6(e)(1) of Rule XV, the Speaker may not entertain a point of 
order of no quorum when he has not put a question to a vote in the 
House, but under clause 6(e)(2) the Speaker may at any time in his 
discretion recognize a Member of his choice to move a call of the

[[Page 3497]]

House. Clause 6(e)(2) was amended in the 96th Congress to dispense with 
further proceedings under any call of the House when a quorum appears 
unless the Speaker in his discretion recognizes for a 
motion.(14) Changes since the 93d Congress in Rule XXIII 
clause 2 relating to quorum calls in Committee of the Whole are 
discussed in detail in Sec. 7, infra.
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14. See Rule XV clause 6(e) (1) and (2), House Rules and Manual 
        Sec. 774c (1979).
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                          Collateral Reference
Constitution of the United States of America; Analysis and 
    Interpretation, S. Doc. No. 92-82, 112, 113, 92d Cong. 2d 
    Sess.                          -------------------

Majority as Quorum

Sec. 1.1 A majority of the House constitutes a quorum to do business.

    On Feb. 18, 1958,(15) Speaker Sam Rayburn, of Texas, 
after counting 217 Members, stated that a quorum was present.
---------------------------------------------------------------------------
15. 104 Cong. Rec. 2317, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Michael J.] Kirwan [of Ohio]: Mr. Speaker, I move the 
    previous question on the motion to recommit.
        The previous question was ordered.
        The Speaker: The question is on the motion to recommit.
        Mr. [Ben F.] Jensen [of Iowa]: Mr. Speaker, on that I ask for 
    the yeas and nays.

        The yeas and nays were refused.
        The question was taken, and the Chair announced that the noes 
    appeared to have it.
        Mr. Jensen: 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: The Chair will count. [After counting.] Two 
    hundred and seventeen Members are present, a quorum.(16)
---------------------------------------------------------------------------
16. At this time 431 Members were chosen, sworn, and living; 
        consequently 216 would have constituted the necessary quorum.
---------------------------------------------------------------------------

        The question is on the passage of the bill.

Sec. 1.2 A quorum of the House consists of a majority of those Members 
    sworn and living; the Speaker's vote may be counted to make a 
    quorum.

    On Oct. 20, 1966,(17) the Speaker voted on a conference 
report in order to make a quorum.
---------------------------------------------------------------------------
17. 112 Cong. Rec. 28254, 28255, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: (18) The question is on agreeing to the 
    conference report.
---------------------------------------------------------------------------
18. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The question was taken; and the Speaker announced that the 
    ``ayes'' appeared to have it.
        Mr. [Glenn] Cunningham [of Nebraska]: Mr. Speaker, I object to 
    the

[[Page 3498]]

    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 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 171, nays 46, not 
    voting [216], as follows: . . .
        The Speaker: The Clerk will call my name.
        The Clerk called the name of Mr. McCormack, and he answered 
    ``yea.''
        So the conference report was agreed to.

Presumption of Quorum

Sec. 1.3 In the House of Representatives a quorum is presumed always to 
    be present unless a point of no quorum is made.

    On July 18, 1949,(19) Speaker Sam Rayburn, of Texas, 
made a statement regarding presumption of a quorum.
---------------------------------------------------------------------------
19. 95 Cong. Rec. 9654, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clark E.] Hoffman of Michigan: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Hoffman of Michigan: Mr. Speaker, it is my understanding 
    this is Consent Calendar day. In view of the recent Supreme Court 
    decision in the Christoffel case,(20) which held 
    affirmatively that unless a quorum is present the committees of the 
    House and the House are not legal tribunals, would the House now be 
    competent to consider bills on the Consent Calendar, it being 
    apparent a quorum is not present?
---------------------------------------------------------------------------
20. Christoffel v United States, 328 U.S. 84 (1949). See Sec. 17, 
        infra, for a discussion of this case.
---------------------------------------------------------------------------

        The Speaker: The gentleman knows, of course, that unless a 
    point of no quorum is made, it is presumed that a quorum is always 
    present.

Proceeding Requiring a Quorum

Sec. 1.4 Ascertaining the presence of a quorum is the first order of 
    business when the House convenes following a sine die adjournment.

    On Jan. 7, 1964,(21) Speaker John W. McCormack, of 
Massachusetts, ascertained the presence of a quorum immediately after 
the prayer.
---------------------------------------------------------------------------
21. 110 Cong. Rec. 4, 5, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        This being the day fixed by Public Law 247, 88th Congress, 
    enacted pursuant to the 20th amendment to the Constitution, for the 
    meeting of the 2d session of the 88th Congress, the Members of the 
    House of Representatives of the 88th Congress met in their Hall, 
    and at 12 o'clock noon were called to order by the Speaker, the 
    Honorable John W. McCormack, a Representative from the State of 
    Massachusetts.

[[Page 3499]]

        The Chaplain, Rev. Bernard Braskamp, D.D., offered the . . . 
    prayer. . . .

                             Call of the House

        The Speaker: The Clerk will call the roll to ascertain the 
    presence of a quorum. . . .

    On this roll call 342 Members have answered to their names. A 
quorum is present.

Sec. 1.5 The Chair refuses to recognize Members for business after an 
    absence of a quorum has been announced; no business is in order 
    until a quorum has been established.

    On June 8, 1960,(1) Speaker Sam Rayburn, of Texas, 
refused to entertain business until a quorum was established.
---------------------------------------------------------------------------
 1. 106 Cong. Rec. 12142, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, I make the 
    point of order that there is no quorum. I am telling you now, I 
    told you I was coming here.
        The Speaker: The gentleman from Michigan has already made a 
    point of no quorum.
        Mr. Hoffman of Michigan: I will renew it, if necessary.
        The Speaker: The gentleman has made the point of order of no 
    quorum, and he should not try to speak in that time.
        The Chair will count. [After counting.] A quorum is not 
    present.
        Mr. [Richard W.] Bolling [of Missouri]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The Speaker: The Clerk will call the roll.
        Mr. Hoffman of Michigan: Mr. Speaker----
        The Speaker: The Chair cannot recognize the gentleman because a 
    point of order of no quorum has been made, and the Chair announced 
    that there was no quorum.
        The Clerk will call the roll.

Sec. 1.6 A quorum not being present, no motion is in order but for a 
    call of the House or a motion to adjourn; at this stage a motion to 
    adjourn has precedence over the motion for a call of the House.

    On Apr. 24, 1956,(2) Speaker Sam Rayburn, of Texas, 
presented the question on a motion to adjourn before addressing himself 
to a prior motion for a call of the House.
---------------------------------------------------------------------------
 2. 102 Cong. Rec. 6891, 84th Cong. 2d Sess.
            For proceedings of the House on this date, see Sec. 8.14, 
        infra.
---------------------------------------------------------------------------

Sec. 1.7 Where the Speaker after a count announces that no quorum is 
    present, all proceedings and debate are sus

[[Page 3500]]

    pended until a quorum is secured or the House adjourns.

    On Mar. 25, 1937,(3) Speaker William B. Bankhead, of 
Alabama, made a statement regarding the effect of a quorum.
---------------------------------------------------------------------------
 3. 81 Cong. Rec. 2793, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Scott W.] Lucas [of Illinois]: Mr. Speaker, will the 
    gentleman yield?
        Mr. [Ralph E.] Church [of Illinois]: When I finish my 
    statement, please.
        Mr. [Joseph W.] Martin [Jr.] of Massachusetts: I demand the 
    gentleman be protected in his rights.
        The Speaker: The gentleman has declined to yield.
        Mr. [Frank E.] Hook [of Michigan]: Mr. Speaker, I make the 
    point of no quorum.
        The Speaker: The gentleman from Michigan makes the point there 
    is no quorum present. The Chair will count. [After counting.] One 
    hundred and ten Members are present, not a quorum.
        Mr. [Sam] Rayburn [of Texas]: Mr. Speaker, I move that the 
    House do now adjourn.
        Mr. [Adolph J.] Sabath [of Illinois]: Mr. Speaker, will the 
    gentleman yield?
        Mr. Rayburn: No business can be conducted in the absence of a 
    quorum.
        Mr. Sabath: I should like to answer these despicable 
    statements.
        The Speaker: The gentleman from Texas moves the House do now 
    adjourn.
        Mr. Church: I will yield to the gentleman. I want to be fair.
        The Speaker: No business of any character can be transacted 
    during the absence of a quorum. It raises a constitutional 
    question. A quorum is not present. The gentleman from Texas has 
    moved that the House do now adjourn, which is not a debatable 
    motion.

        The question was taken; and the Speaker announced that the ayes 
    had it.
        Mr. [Hamilton] Fish [Jr., of New York]: Mr. Speaker, I ask for 
    the yeas and nays.
        The Speaker: The gentleman from New York demands the yeas and 
    nays.
        The yeas and nays were refused.
        So the motion to adjourn was agreed to.

Sec. 1.8 A quorum is required to agree to a resolution to adjourn sine 
    die.

    On Oct. 18, 1972,(4) House Concurrent Resolution 726 was 
passed.
---------------------------------------------------------------------------
 4.  118 Cong. Rec. 37061, 37062, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

                     Provision for Sine Die Adjournment

        Mr. [Thomas P.] O'Neill [of Massachusetts]: Mr. Speaker, I 
    offer a privileged concurrent resolution (H. Con. Res. 726) and ask 
    for its immediate consideration.
        The Clerk read as follows:

                                H. Con. Res. 726

            Resolved by the House of Representatives (the Senate 
        concurring), That the two Houses of Congress shall adjourn on 
        Wednesday, October 18, 1972, and that when they adjourn on said 
        day, they stand adjourned sine die.

[[Page 3501]]

        The Speaker: (5) The question is on the concurrent 
    resolution.
---------------------------------------------------------------------------
 5. Carl Albert (Okla.).
---------------------------------------------------------------------------

        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [James G.] O'Hara [of Michigan]: 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 Sergeant at Arms will notify absent Members, and the Clerk 
    will call the roll.
        The question was taken; and there were-yeas 240, nays 21, not 
    voting 170, as follows: . . .
        So the concurrent resolution was agreed to.

Sec. 1.9 Where the Chair after counting announces that a quorum is not 
    present, a Member may not even by unanimous consent withdraw his 
    point of no quorum to permit the House to continue with its 
    business without first having obtained a quorum.

    On Dec. 18, 1937,(6) Speaker William B. Bankhead, of 
Alabama, made a ruling regarding withdrawal of a point of no quorum.
---------------------------------------------------------------------------
 6. 82 Cong. Rec. 1846, 75th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Lois C.] Rabaut [of Michigan]: Mr. Speaker, I suggest the 
    absence of a quorum.
        The Speaker: The gentleman from Michigan makes the point of 
    order that there is not a quorum present. The Chair will count. 
    [After counting.] One hundred and fifty-six Members are present, 
    not a quorum.
        Mr. Rabaut: Mr. Speaker, I will withdraw the motion.
        Mr. [Bertrand H.] Sneel [of New York]: Mr. Speaker, a point of 
    order. The Speaker has announced that a quorum is not present. The 
    gentleman from Michigan cannot withdraw the point of order. The 
    Speaker has announced that there is no quorum present. Business 
    cannot be conducted after the Speaker has announced there is no 
    quorum present.
        The Speaker: The Chair will hold that a point of order having 
    been made that there was no quorum present, and the Chair having 
    counted and announced that there was no quorum present, a 
    constitutional question is raised. No quorum is present, as was 
    announced by the Chair.
        Mr. [Henry B.] Steagall [of Alabama]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.

Sec. 1.10 Any action by the House on a Senate amendment requires a 
    quorum if a Member raises that question.

    On Mar. 30, 1944,(7) Speaker pro tempore John W. 
McCormack, of Massachusetts, made a statement regarding the need for a 
quorum for consideration of a Senate amendment.
---------------------------------------------------------------------------
 7. 90 Cong. Rec. 3318, 78th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The Chair lays before the House, House

[[Page 3502]]

    Concurrent Resolution No. 75, with a Senate amendment, which the 
    Clerk will report.
        The Clerk read as follows:

            Senate amendment: On page 2, line 3, strike out ``Thursday, 
        March 30'' and insert ``Saturday, April 1.''

        Amend the title so as to read: ``Concurrent resolution 
    providing for the adjournment of Congress from Saturday, April 1, 
    1944, to Wednesday, April 12, 1944.''
        The Speaker Pro Tempore: Without objection, the amendment is 
    agreed to.
        Mr. [Clark E.] Hoffman [of Michigan]: Mr. Speaker, reserving 
    the right to object, I make a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hoffman: What is the procedure?
        Mr. [Robert] Ramspeck [of Georgia]: Mr. Speaker, I move that 
    the House concur in the Senate amendment.
        Mr. Hoffman: Well, Mr. Speaker, I object.
        The Speaker Pro Tempore: Is the gentleman propounding a 
    parliamentary inquiry?
        Mr. Hoffman: Yes, Mr. Speaker.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hoffman: What is the procedure on this resolution?
        The Speaker Pro Tempore: It is a privileged resolution, and the 
    procedure would be for some Member-and the gentleman from Georgia 
    [Mr. Ramspeck] has done so--to make a motion that the House concur 
    in the Senate amendment.
        Mr. Hoffman: And then a vote is taken on the motion?
        The Speaker Pro Tempore: That is correct.
        Mr. Hoffman: Does that require a quorum?
        The Speaker Pro Tempore: Any action by the House requires a 
    quorum if the one who takes such step raises that question.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Rankin: As I understand the situation, whether there is a 
    quorum present or not, unless this amendment is agreed to, the 
    resolution does not become final until this amendment is disposed 
    of. That is correct, is it not?
        The Speaker Pro Tempore: The gentleman is correct.
        Mr. Rankin: And therefore we would not be in a position to 
    recess for the time mentioned until this amendment is disposed of 
    one way or the other.
        The Speaker Pro Tempore: The understanding of the Chair is the 
    same as that of the gentleman from Mississippi.
        The gentleman from Georgia moves that the House concur in the 
    Senate amendment.
        The question is on the motion of the gentleman from Georgia.
        Mr. Hoffman: Mr. Speaker, I make the point of order that a 
    quorum is not present.
        The Speaker Pro Tempore: The Chair will count.
        Mr. Hoffman: Mr. Speaker, I withdraw the point of no quorum for 
    the time being.

[[Page 3503]]

        The Speaker Pro Tempore: Without objection, further 
    consideration of the concurrent resolution (H. Con. Res. 75) will 
    be withdrawn.
        There was no objection.

Proceedings Permitted in the Absence of a Quorum

Sec. 1.11 A quorum is not required on motions incidental to a call of 
    the House.

    On Oct. 8, 1940,(8) Speaker Sam Rayburn, of Texas, made 
a ruling regarding the need for a quorum on a motion to dispense with 
further proceedings, which is a motion incidental to a call of the 
House.
---------------------------------------------------------------------------
 8. 86 Cong. Rec. 13403, 76th Cong. 3d Sess. In an isolated instance, 
        objections to the lack of a quorum to vote on motions 
        incidental to a call of the House were improperly entertained. 
        See the proceedings at 108 Cong. Rec. 9940-42, 87th Cong. 2d 
        Sess., Sept. 19, 1962. On that occasion, failure of a quorum to 
        vote on motions to dispense with further proceedings under a 
        call of the House resulted in automatic yea and nay votes on 
        the motions.
---------------------------------------------------------------------------

        The Speaker: On this roll call 318 Members have answered to 
    their names, a quorum.
        Mr. [Jere] Cooper [of Tennessee]: Mr. Speaker, I move to 
    dispense with further proceedings under the call.

        The Speaker: Without objection it is so ordered.
        Mr. [John] Taber [of New York]: Mr. Speaker, I object.
        Mr. Cooper: I moved it, Mr. Speaker.
        The Speaker: The question is on the motion of the gentleman 
    from Tennessee.
        The question was taken; and, on a division (demanded by Mr. 
    Taber), there were--ayes 99 and noes 75.
        Mr. Taber: Mr. Speaker, I object to the vote on the ground that 
    there is not a quorum present.
        The Speaker: A quorum is not required to dispense with further 
    proceedings under the call.

Sec. 1.12 A quorum is not required for prayer by the Chaplain and the 
    Speaker does not recognize Members for such a point of order.

    On Mar. 19, 1941,(~9) Speaker Sam Rayburn, of Texas, 
made a statement regarding recognition of Members for a point of no 
quorum during prayer.
---------------------------------------------------------------------------
 9. 87 Cong. Rec. 2351, 2352, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rich: Mr. Speaker, when I was seeking recognition from the 
    Speaker before the Chaplain offered prayer, I felt that there would 
    be a call of the House and I thought it would be a good thing for 
    all the Members to be here for once to hear the Chaplain offer 
    prayer. What does the Speaker think about that? Would it be proper

[[Page 3504]]

    procedure for a Member to make the point of order that a quorum is 
    not present before the Chaplain offers prayer?
        The Speaker: As the Chair understands, it has been held many 
    times that the prayer is not such business of the House that a 
    quorum is required.

Sec. 1.13 The House, pursuant to a resolution agreed to when a quorum 
    was present, may adjourn sine die in the absence of a quorum.

    On Oct. 18, 1972,(10) the House adjourned sine die in 
the absence of a quorum following agreement by a quorum to a resolution 
authorizing such adjournment.(11)
---------------------------------------------------------------------------
10. 118 Cong. Rec. 37199, 37200, 92d Cong. 2d Sess.
11. See Sec. 1.8, supra, for agreement to the resolution permitting 
        adjournment sine die.
---------------------------------------------------------------------------

                             Call of the House

        Mr. [John T.] Myers [of Indiana]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker: (12) The Chair will count.
---------------------------------------------------------------------------
12. Carl Albert (Okla.).
---------------------------------------------------------------------------

        One hundred twelve Members are present, not a quorum.
        Mr. [Thomas P.] O'Neill [Jr., of Massachusetts]: Mr. Speaker, I 
    move a call of the House.
        A call of the House was ordered.

                          Parliamentary Inquiries

        Mr. [Wilbur D.] Mills of Arkansas: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Mills of Arkansas: Mr. Speaker, will the Speaker entertain 
    a unanimous-consent request that the call of the roll be vacated.
        The Speaker: The Speaker does not have that authority under the 
    Constitution.
        If there are any Members in the Chamber who have not answered 
    and the Speaker can identify them, he will have them recorded. The 
    Speaker does have that authority, but he does not know of any such 
    Members.The Clerk called the roll, and the following Members failed 
    to answer to their names: . . .
        [276 Members failed to answer.]
        Mr. O'Neill: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. O'Neill: Mr. Speaker, am I correct in assuming that when 
    the House adjourns tonight it adjourns to meet on January 3, 1973, 
    at 12 o'clock?
        The Speaker: That is correct. . . .

                            Adjournment Sine Die

        Mr. O'Neill: Mr. Speaker, I move that the House do now adjourn.
        The motion was agreed to.
        The Speaker: In accordance with the provisions of House 
    Concurrent Resolution 726, the Chair declares the second session of 
    the 92d Congress adjourned sine die.
        Accordingly (at 8 o'clock and 47 minutes p.m.), Wednesday, 
    October 18, 1972, the House adjourned sine die.

    Parliamentarian's Note: This final quorum call originally omit

[[Page 3505]]

ted from the daily edition of the Record, was inserted in the Journal 
and in the permanent Record at the request of the Parliamentarian based 
upon the rationale stated in Sec. 2.22, infra, showing that an 
adjournment of the House in the absence of a quorum does not justify 
deletion of those proceedings from the Journal and Record.