[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[A. Calls of the House]
[Â§ 2. Calls Ordered on Motions; Automatic Calls]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3505-3532]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 2. Calls Ordered on Motions; Automatic Calls

    The rules of the House authorize two calls of the House, the call 
on motion and the automatic call, to ascertain the presence of a 
quorum. Prior to the 95th Congress, the call ordered on motion 
(13) was in order in the absence of a quorum whether or not 
a pending question was being put to a vote. Under this former 
procedure, a Member rose and made the point of order that a quorum was 
not present. The Speaker, after noting the point of order, counted the 
House and announced whether a quorum was present. If not, any Member 
could move a call of the House. Under current procedure (beginning in 
the 95th Congress) a point of order of no quorum may not be entertained 
unless the pending question has been put to a vote, but the Speaker 
may, in his discretion, recognize for a motion for a call of the House 
at any time.(14) Fifteen Members including the Speaker 
voting in the affirmative are authorized to compel the attendance of 
absentees.(15)  But because a call must be ordered by a vote 
of a majority of those present, a minority of 15 favoring a call on 
such vote will not suffice.(1)
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13. Rule XV clause 2(a), House Rules and Manual Sec. 768 (1979).
14. Rule XV clause 6(e), House Rules and Manual Sec. 774(c) (1979).
15. Rule XV clause 2(a), House Rules and Manual Sec. 768 (1979).
 1. See annotation to Rule XV clause 2(a), House Rules and Manual 
        Sec. 769 (1979); and 4 Hinds' Precedents Sec. 2984
---------------------------------------------------------------------------

    If a majority votes to compel attendance absentees are notified. 
Warrants may be issued by order of a majority of those present, and 
those for whom no sufficient excuse is made may be arrested by officers 
appointed by the Sergeant at Arms; absentees' attendance is secured and 
retained until they are discharged by the House. Members who appear 
voluntarily are immediately admitted to the Hall of the House and 
report their names to the Clerk to be entered upon the Journal as 
present. Until the 96th Congress, the appearance of a sufficient number 
to

[[Page 3506]]

make a quorum did not automatically terminate proceedings incident to 
the call such as closing the doors (which was the practice until the 
92d Congress), completing the call of the roll, noting absentees, and 
arresting and retaining absentees; these activities continue upon order 
of a majority of those present until the House either by unanimous 
consent or motion agrees to dispense with further proceedings under the 
call.(2) After agreeing, the House resumes its business.
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2. See 9, infra, for a discussion of the motion to dispense with 
        further proceedings under the call. In the 96th Congress, 
        clause 6(e)(2) was amended to provide that proceedings be 
        automatically dispensed with unless the Speaker in his 
        discretion recognizes for a motion to dispense. Until the 93d 
        Congress, Rule XV clause 2 required that the doors be closed on 
        any call of the House, but on Oct. 13, 1972, that clause was 
        amended (H. Res. 1123, 92d Cong. 2d Sess., 118 Cong. Rec. 
        36012) to require that the doors would be closed only by order 
        of the Speaker, effective at the end of the 92d Congress. See 
        Sec. 6, infra.
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    When a call of the House on motion is ordered, the Speaker, subject 
to the provision relating to recording votes by electronic 
device,(3) or in lieu of a call of the roll under Rule XV 
clause 1, is authorized by Rule XV clause 2(b) (4) to 
appoint one or more clerks to tell the names of Members who are 
present.
---------------------------------------------------------------------------
 3. Rule XV clause 5, House Rules and Manual Sec. 774b (1979).
 4. House Rules and Manual Sec. 771b (1979)
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    The other call of the House, the automatic call,(5) 
ensues when a quorum fails to vote on any question which requires a 
quorum,(6) a quorum is not present, and objection is made 
for that reason,(7) unless the House adjourns. Following 
announcement of a vote,(8)

[[Page 3507]]

the Speaker, hearing a point of no quorum from the floor, or on his own 
initiative, declares the absence of a quorum, orders the Doorkeeper to 
close the doors (a practice discontinued in the 92d Congress by 
addition of clause 2(b), Rule XV, on Oct. 13, 1972) and the Sergeant at 
Arms to bring in absent Members, and states that those in favor should 
vote ``aye'' and those opposed ``no.'' Under this procedure, as 
distinguished from the call on motion where an order of a majority of 
those present is needed, the Speaker without floor action possesses the 
authority to issue a warrant (9~) permitting the Sergeant at 
Arms, without separate motion, forthwith to bring in absentees, but the 
Speaker usually does not do so without action of the House. (See 
Sec. 5.10, infra.) The yeas and nays on the pending question are 
considered ordered. Unless the vote is taken by electronic device, the 
Clerk calls the roll and each Member as his name is called may vote on 
the pending question. Members brought in by the Sergeant at Arms are 
noted as present, immediately discharged from arrest, and given an 
opportunity to vote. The Speaker is authorized to declare that a quorum 
is constituted if those voting on the question together with those who 
are present and decline to vote make a majority of the House. Such a 
declaration dispenses with further proceedings. The pending question is 
decided by the majority vote of those who appear if a quorum responds. 
Proceedings under the automatic call are vacated if the House adjourns 
any time after completion of a roll call before a quorum responds and 
the result is announced.(10)
---------------------------------------------------------------------------
 5. Rule XV clause 4, House Rules and Manual Sec. 773 (1979).
 6. See annotation to Rule XV clause 4, House Rules and Manual Sec. 773 
        (1979). The automatic call does not apply to questions which do 
        not require a quorum, such as an affirmative vote on a motion 
        to adjourn (95 Cong. Rec. 10092, 81st Cong. 1st Sess., July 25, 
        1949), a motion incidental to a call of the House which may be 
        agreed to by less than a quorum (4 Hinds' Precedents 
        Sec. Sec. 2994, 3029; 6 Cannon's Precedents Sec. 681) or a call 
        when no question is pending (4 Hinds' Precedents Sec. 2990). A 
        point of no quorum on a negative vote of adjournment, if 
        sustained, precipitates an automatic call (6 Cannon's 
        Precedents Sec. 700).
 7. Following failure of a quorum to appear on a yea and nay vote, the 
        Speaker may take cognizance of that fact and order an automatic 
        call of the House despite absence of a point of order from the 
        floor (6 Cannon's Precedents Sec. Sec. 678, 679).
 8. The automatic roll call applies whether the question on which the 
        House is dividing is decided by a viva voce vote (6 Cannon's 
        Precedents Sec. 697), division (6 Cannon's Precedents 
        Sec. 691), tellers (4 Hinds' Precedents Sec. 3053), or yeas and 
        nays (6 Cannon's Precedents Sec. 703).
 9. See Rule XV clause 4, House Rules and Manual Sec. Sec. 773, 774a 
        (1979); 4 Hinds' Precedents Sec. 3043; and 6 Cannon's 
        Precedents Sec. 702.
10. Rule XV clause 4, House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    The provision which authorizes automatic calls of the House is 
subject to Rule XV clause 5,(~11) which permits the Speaker, 
unless he orders the calling of names in a manner authorized by the 
other sections of Rule XV, to order names to be called by electronic 
device.(12)
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11. House Rules and Manual Sec. 774b (1979).
12. See Sec. 4, infra; and Ch. 30, infra, for discussions of electronic 
        voting.
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    The automatic vote by yeas and nays is not in order in the 
Committee of the Whole.(13)
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13. See annotation to Rule XV clause 4, House Rules and Manual 
        Sec. 774a (1979); and Sec. 2.7, infra.

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[[Page 3508]]

    Amendments to the rules affecting procedures subsequent to the 94th 
Congress under calls of the House and under automatic yea and nay votes 
will be discussed in greater detail in supplements to this edition as 
they appear.
                          -------------------

Presumption as to Presence of Quorum

Sec. 2.1 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,(14) Speaker Sam Rayburn, of Texas, 
made a statement regarding presumption of a quorum.
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14. 95 Cong. Rec. 9654, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clare 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,(l5) 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?
---------------------------------------------------------------------------
15. Christoffel v United States, 338 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.

Obligation to Respond

Sec. 2.2 Permission of the House for a committee to sit during the 
    sessions of the House does not relieve Members from their 
    obligation to respond on roll calls.

    On Aug. 5, 1937,(16) Speaker William B. Bankhead, of 
Alabama, made a ruling regarding Members' obligation to respond to 
quorum roll calls.
---------------------------------------------------------------------------
16. 81 Cong. Rec. 8300, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Hamilton] Fish [Jr., of New York]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: Does the gentleman from Indiana yield to permit 
    the gentleman from New York to submit a parliamentary inquiry?
        Mr. [Arthur H.] Greenwood [of Indiana]: I yield.
        Mr. Fish: Mr. Speaker, when permission is given to a committee 
    to sit during the sessions of the House, does that give any rights 
    to any of the members of that committee on roll calls?
        The Speaker: Absolutely none.
        Mr. Fish: Not even on quorum roll calls?
        The Speaker: It does not. On all quorum roll calls all Members 
    who de

[[Page 3509]]

    sire to be recorded must appear and vote on the roll call.

Ascertaining Quorum Upon Convening

Sec. 2.3 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,(17) Speaker John W. McCormack, of 
Massachusetts, ascertained the presence of a quorum immediately after 
the prayer.
---------------------------------------------------------------------------
17. 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.
        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. . . .
        The Speaker: On this rollcall 342 Members have answered to 
    their names. A quorum is present.

Postponement of Roll Calls

Sec. 2.4 Any roll calls which might be requested [except on resolutions 
    from the Committee on Rules] were, by unanimous consent, ordered 
    postponed until the following Tuesday [six calendar days from the 
    date of the request].

    On May 27, 1959,(18) roll calls were ordered postponed 
by unanimous consent.
---------------------------------------------------------------------------
18. 105 Cong. Rec. 9202, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that any rollcall votes, except on rules which may be 
    requested tomorrow or Monday, be put over until Tuesday next.

        The Speaker Pro Tempore: (19) Is there objection to 
    the request of the gentleman from Oklahoma?
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19. John W. McCormack ( Mass.).
---------------------------------------------------------------------------

        There was no objection.

Presence of Members in Well During Roll Call

Sec. 2.5 The Speaker has ordered Members from the well of the House 
    during a roll call.

    On Oct. 12, 1962,(20) Speaker John W. McCormack, of 
Massachusetts, responding to a demand
---------------------------------------------------------------------------
20. 108 Cong. Rec. 23423, 23424, 23432-34, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3510]]

from a Member, H. R. Gross, of Iowa, ordered the well cleared.

        Mr. [Clarence] Cannon [of Missouri]: I make the point of order 
    that a quorum is not present and ask for the yeas and nays.
        The Speaker: The gentleman from Missouri makes the point of 
    order that a quorum is not present and objects to the vote on the 
    ground that a quorum is not present.
        The Chair will count.
        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 84, nays 120, not 
    voting 230, as follows. . . .
        Mr. Gross (interrupting the rollcall): Mr. Speaker, I demand 
    the regular order.
        The Speaker: The regular order is proceeding.
        Mr. Gross (interrupting the rollcall): Mr. Speaker, I demand 
    the well be cleared.
        The Speaker: Members will take their places out of the well. . 
    . .
        The Clerk resumed calling the roll.(1)
---------------------------------------------------------------------------
 1. Parliamentarian's Note: Members may not remain near the Clerk's 
        desk (including the well) during a roll call vote. Rule XIV 
        clause 7, House Rules and Manual Sec. 763 (1979).
            Rule I clause 3 [House Rules and Manual Sec. 623 (1979)], 
        authorizes the Speaker to exercise general control of the Hall 
        of the House.
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Speaker's Authority to Move a Call

Sec. 2.6 On a day on which the Speaker pro tempore was in the Chair 
    when a point of no quorum was made, the Speaker moved a call of the 
    House.

    On June 3, 1960,(2) while Speaker pro tempore Francis E. 
Walter, of Pennsylvania, was in the Chair, Speaker Sam Rayburn, of 
Texas, moved a call of the House from the floor.
---------------------------------------------------------------------------
 2. 106 Cong. Rec. 11830, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        Mr. [Chet] Holifield [of California]: I hope the gentleman will 
    withhold his point of order for a minute. . . .
        The Speaker Pro Tempore: The Chair will count. Evidently a 
    quorum is not present.
        Mr. [Sam] Rayburn [of Texas]: 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: . . .

Automatic Yeas and Nays in Committee of the Whole

Sec. 2.7 The provisions of Rule XV clause 4,(3) which permit 
    a
---------------------------------------------------------------------------
 3. House Rules and Manual 773 (1979).
---------------------------------------------------------------------------

[[Page 3511]]

    Member to object to a vote where a quorum is not present, are 
    applicable only in the House; an ``automatic roll call'' is not in 
    order in the Committee of the Whole.

    On Nov. 9, 1971,(4) during consideration of H.R. 10729, 
to amend the Federal Insecticide, Fungicide, and Rodenticide Act, 
Chairman William L. Hungate, of Missouri, ruled that an objection to a 
vote on the ground that a quorum was not present, under Rule XV clause 
4, was not in order in the Committee of the Whole.(5)
---------------------------------------------------------------------------
 4. 117 Cong. Rec. 40054, 92d Cong. 1st Sess.
 5. See also, for example, 116 Cong. Rec. 42232, 42233, 91st Cong. 2d 
        Sess., Dec. 17, 1970.
---------------------------------------------------------------------------

        The question was taken; and on a division (demanded by Mr. 
    Evans of Colorado) there were--ayes 28, noes 65.
        So the amendment to the substitute amendment was rejected.
        Mr. [Frank E.] Evans of Colorado: Mr. Chairman, 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 Chairman: That parliamentary procedure is not in order in 
    Committee of the Whole.

Motions for a Call of the House

Sec. 2.8 A motion for a call of the House does not require a quorum.

    On June 5, 1946,(6) Speaker Sam Rayburn, of Texas, made 
a ruling regarding the need for a quorum on a motion for a call of the 
House under Rule XV clause 2.(7)
---------------------------------------------------------------------------
 6. 92 Cong. Rec. 6352-56, 79th Cong 2d Sess.
 7. See also 108 Cong. Rec. 10389, 87th Cong. 2d Sess., June 13, 1962, 
        for another illustration of this principle.
---------------------------------------------------------------------------

        The Speaker (after counting): Two hundred and ten Members are 
    present, not a quorum.
        Mr. [Howard W.l Smith of Virginia: Mr. Speaker, I move a call 
    of the House.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, on that I 
    demand the yeas and nays.

        The yeas and nays were refused.
        The Speaker: The question is on the motion for a call of the 
    House.
        The question was taken; and on a division (demanded by Mr. 
    Rankin) there were--ayes 81, noes 13.
        Mr. Smith of Virginia: 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: A quorum is not required in this instance.
        So the motion was agreed to.

Sec. 2.9 Prior to adoption of the rules, whenever the absence of a 
    quorum is ascertained, a motion for a call of the House is in 
    order, the doors remain open while the roll is

[[Page 3512]]

    called alphabetically and, following the establishment of a quorum 
    after the second call, further proceedings under the call may be 
    dispensed with by unanimous consent [or by motion].

    On Jan. 21, 1971,(8) during reading of a resolution 
adopting the rules, a motion for a call of the House was held to be in 
order.
---------------------------------------------------------------------------
 8. 117 Cong. Rec. 13, 14, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: (9) The Chair recognizes the gentleman 
    from Mississippi.
---------------------------------------------------------------------------
 9. Carl Albert (Okla.).
---------------------------------------------------------------------------

        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, I offer 
    a resolution (H. Res. 5) and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

                                   H. Res. 5

            Resolved, That the Rules of the House of Representatives of 
        the Ninety-first Congress, together with all applicable 
        provisions of the Legislative Reorganization Act of 1946, as 
        amended, and the Legislative Reorganization Act of 1970, be, 
        and they are hereby adopted as the Rules of the House of 
        Representatives of the Ninety-second Congress, with the 
        following amendments as part thereof, to wit:
            In Rule X, renumber clause 4 and 5 as 5 and 6, insert a new 
        clause 3 as follows: . . .

                             Call of the House

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, I think this 
    is of more than passing importance. The Members should hear this 
    and, therefore, I make the point of order that a quorum is not 
    present.
        The Speaker: Evidently a quorum is not present.
        Mr. [Richard] Bolling [of Missouri]: 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: . . .
        The Speaker: On this roll call 395 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with. . . .

                             Rules of the House

        The Speaker: The Clerk will proceed with the reading of the 
    resolution.
        The Clerk read as follows:

            In Rule XI, strike out paragraph (a) of clause 27 and 
        insert in lieu thereof the following:
            ``(a) The Rules of the House are the rules of its 
        committees and subcommittees so far as applicable, except that 
        a motion to recess from day to day is a motion of high 
        privilege in committees and subcommittees.''

Sec. 2.10 Parliamentarian's Note: An automatic call of the House does 
    not result when less than a quorum votes on a motion ordering a 
    call of the House, because under Rule XV clause 2(a) 
    (10) [and
10. House Rules and Manual Sec. 768 (1979).
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[[Page 3513]]

    art. I, Sec. 5 of the Constitution] (11) less than a 
    quorum can compel the attendance of absent Members.
---------------------------------------------------------------------------
11. House Rules and Manual Sec. 52 (1979).
---------------------------------------------------------------------------

    This principle may be illustrated by analogy to the following 
proceedings, which took place on June 13, 1962: (12)
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12. 108 Cong. Rec. 10389, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, I make the point of 
    order that a quorum is not present.
        The Speaker: (13) Evidently a quorum is not present.
---------------------------------------------------------------------------
13. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [Richard] Bolling [of Missouri]: Mr. Speaker, I move a call 
    of the House.
        The Speaker: Without objection, a call of the House is ordered.
        Mr. Gross: Mr. Speaker, I object.
        The Speaker: The question is on the motion.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. Gross: 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 state that this motion does not 
    require the presence of a quorum.

Prerogatives of the Chair

Sec. 2.11 Where a motion for a call of the House is pending and an 
    objection is made to ordering the call by unanimous consent, the 
    Speaker immediately puts the question on the motion.

    On June 13, 1962,(14) Speaker John W. McCormack, of 
Massachusetts, put to a vote a motion for a call of the House.
---------------------------------------------------------------------------
14. 108 Cong. Rec. 10389, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, I make the point of 
    order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. [Richard] Bolling [of Missouri]: Mr. Speaker, I move a call 
    of the House.
        The Speaker: Without objection, a call of the House is ordered.
        Mr. Gross: Mr. Speaker, I object.

        The Speaker: The question is on the motion.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.

Sec. 2.12 Where a point of order that a quorum was not present came too 
    late to invoke an ``automatic roll call'' under Rule XV clause 
    4,(1) the Chair treated the objection as a point of 
    order that a quorum was not present and
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 773 (1979).
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[[Page 3514]]

    entertained a motion for a call of the House under Rule XV clause 
    2(a).(2)
---------------------------------------------------------------------------
 2. House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

    On May 31, 1972,(3) Speaker pro tempore Hale Boggs, of 
Louisiana, following proceedings whereby a motion to reconsider a vote 
was laid on the table, entertained a motion for a call of the House.
---------------------------------------------------------------------------
 3. 118 Cong. Rec. 19344, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Richard] Bolling [of Missouri]: Mr. Speaker, I move the 
    previous question on the resolution.
        The previous question was ordered.
        The Speaker Pro Tempore: The question is on the resolution.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        Mr. [Samuel L.] Devine [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.
        Mr. Bolling: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.
        The Clerk proceeded to call the roll.
        Mr. Devine (during the call of the roll): Mr. Speaker, a point 
    of order. Is this not an automatic rollcall on the rule?
        The Speaker Pro Tempore: The gentleman is incorrect. It is a 
    quorum call.
        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hall: Is it not true that the gentleman from Ohio objected 
    to the vote on the ground that a quorum was not present and made a 
    point of order that a quorum was not present, whereupon the Chair 
    said that the rollcall was automatic?
        The Speaker Pro Tempore: The Chair had previously ruled that 
    the resolution had been agreed to and that a motion to reconsider 
    was laid on the table. Therefore, the Chair had no alternative 
    except to rule on the point of order that a quorum was not present 
    and order a quorum call, in view of the fact that the gentleman's 
    objection to the vote came too late.
        Mr. Devine: Mr. Speaker, I was on my feet at the time the Chair 
    made the statement that the question was on the resolution, and I 
    raised the objection to the vote on the ground that a quorum was 
    not present and made the point of order that a quorum was not 
    present.
        The Speaker Pro Tempore: The Chair was advised by the 
    Parliamentarian that the Chair had previously ruled that the 
    resolution had been agreed to and that a motion to reconsider had 
    been laid on the table. The Chair had no alternative but to observe 
    the gentleman's point of order that a quorum was not present, and a 
    quorum call is now underway. The Clerk will continue to call the 
    roll.

Sec. 2.13 The Speaker may refuse to entertain a point of no quorum if 
    an immediately preceding roll call vote has disclosed a quorum to 
    be present and no business has intervened.

[[Page 3515]]

    On Apr. 14, 1937,(4) Speaker William B. Bankhead, of 
Alabama, overruled a point of no quorum.(5)
---------------------------------------------------------------------------
 4. 81 Cong. Rec. 3455, 3456, 75th Cong. 1st Sess.
 5. See also 95 Cong. Rec. 10095-97, 81st Cong. 1st Sess., July 25, 
        1949; and Sec. 14, infra, which discuss points of no quorum 
        when made to delay proceedings.
---------------------------------------------------------------------------

        The Speaker: Today is Calendar Wednesday. The Clerk will call 
    the roll of committees.

                Amendment of the Long-and-Short-Haul Clause

        Mr. [Clarence F.] Lea [of California] (when the Committee on 
    Interstate and Foreign Commerce was called): Mr. Speaker, by 
    direction of the Committee on Interstate and Foreign Commerce, I 
    call up the bill (H.R. 1668) to amend paragraph (1) of section 4 of 
    the Interstate Commerce Act, as amended February 28, 1920 (U.S.C. 
    title 49, sec. 4).
        The Clerk read the title of the bill.
        Mr. [Alfred L.] Bulwinkle [of North Carolina]: Mr. Speaker, I 
    raise the question of consideration.
        The Speaker: The gentleman from North Carolina raises the 
    question of consideration of the bill. The question is, Will the 
    House consider the bill H.R. 1668.
        The question was taken; and on a division (demanded by Mr. Lea) 
    there were--ayes 152, noes 73.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, I demand 
    the yeas and nays.
        The yeas and nays were ordered.
        The Speaker: The question is, Will the House consider the bill 
    (H.R. 1668) to amend paragraph (1) of section 4 of the Interstate 
    Commerce Act, as amended February 28, 1920 (U.S.C., title 49, sec. 
    4)?
        The question was taken; and there were--yeas 278, nays 97, 
    answered ``present'' 1, not voting 54, as follows: . . .
        The result of the vote was announced as above recorded.
        The Speaker: The House automatically resolves itself into the 
    Committee of the Whole House on the State of the Union for the 
    consideration of the bill.
        Mr. [Schuyler Otis] Bland [of Virginia]: Mr. Speaker, I make 
    the point of order there is not a quorum present.
        The Speaker: The Chair feels compelled to overrule the point of 
    order, as the recent vote discloses a quorum is present.

Sec. 2.14 The Speaker may not declare a recess during a roll call 
    before the result is announced, even though the House has, by 
    unanimous consent, previously given him authority to declare a 
    recess at any time for the remainder of the week.

    On Oct. 12, 1962,(~6) Speaker John W. McCormack, of 
Massa
---------------------------------------------------------------------------
 6. 108 Cong. Rec. 23433, 23434, 87th Cong. 2d Sess. The House agreed 
        to a unanimous-consent request on Oct. 11, 1962, giving the 
        Speaker the authority to declare recesses ``at any time'' for 
        the remainder of the week. 108 Cong. Rec. 23207, 87th Cong. 2d 
        Sess.
---------------------------------------------------------------------------

[[Page 3516]]

chusetts, refused to declare a recess while a roll call was in 
progress.

        The Speaker: Does the gentleman from Missouri yield time to any 
    Member?
        Mr. [Clarence] Cannon [of Missouri]: No. I move the previous 
    question.
        The Speaker: Without objection, the previous question is 
    ordered.
        The question is on the motion offered by the gentleman from 
    Missouri [Mr. Cannon] to recede and concur in the Senate amendment 
    with an amendment.
        The question was taken, and the Speaker announced that the noes 
    appeared to have it.
        Mr. Cannon: Mr. Speaker, I ask for the yeas and nays.
        Mr. Speaker, I make the point of order that a quorum is not 
    present and ask for the yeas and nays.
        The Speaker: Does the gentleman object to the vote on the 
    ground that a quorum is not present or ask for the yeas and nays?
        Does the gentleman object to the vote?
        Mr. Cannon: I make the point of order that a quorum is not 
    present and ask for the yeas and nays.
        The Speaker: The gentleman from Missouri makes the point of 
    order that a quorum is not present and objects to the vote on the 
    ground that a quorum is not present.
        The Chair will count.
        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 84, nays 120, not 
    voting 230, as follows: . . .

    After completion of the first call of the roll and during the 
second call, several parliamentary inquiries were entertained, 
including the following: (7)
---------------------------------------------------------------------------
 7. Id. at p. 23434.
---------------------------------------------------------------------------

        (The Clerk resumed calling the roll.)
        Mr. [Edmond] Edmondson [of Oklahoma] (interrupting the 
    rollcall): Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Edmondson: May a recess be declared in advance of the 
    completion of the vote?
        The Speaker: The Chair will state that in the present situation 
    the Chair may not declare a recess with a rollcall in process.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask that the 
    Chair announce the vote.
        The Speaker: On this vote, there were 84 yeas and 120 nays.
        So a quorum is not present.

    The motion was then made and agreed to that the House adjourn.

Interruption by Motions to Adjourn

Sec. 2.15 If a quorum fails to materialize on a yea and nay

[[Page 3517]]

    vote on a motion to adjourn decided in the negative, the House may 
    proceed to establish a quorum under a call of the House which was 
    in progress under Rule XV clause 2,(8) when the motion 
    to adjourn was made.
---------------------------------------------------------------------------
 8. House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

    On Oct. 14, 1969,(9) Speaker John W. McCormack, of 
Massachusetts, indicated the procedure to be followed after less than a 
quorum voted rejecting a motion to adjourn which had been entertained 
following failure of a quorum on a call of the House. (See Sec. 10.2, 
infra.)
---------------------------------------------------------------------------
 9. 115 Cong. Rec. 30054-56, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

Proceedings Following Calls of the House

Sec. 2.16 Although a Member may not announce how an absent colleague 
    would have voted on a roll call, there is no rule to prevent a 
    Member from announcing the reasons for absence of his colleagues on 
    a quorum call.

    On Mar. 13, 1946,(10) Speaker Sam Rayburn, of Texas, 
made a ruling regarding the announcement of reasons for absence from 
quorum calls.(11)
---------------------------------------------------------------------------
10. 92 Cong. Rec. A-1422, 79th Cong. 2d Sess.
11. This ruling contradicts many earlier rulings; see 6 Cannon's 
        Precedents Sec. 200; 77 Cong. Rec. 1139, 73d Cong. 1st Sess., 
        Apr. 3, 1933; 77 Cong. Rec. 2587, 73d Cong. 1st Sess., Apr. 28, 
        1933; 77 Cong. Rec. 3834, 73d Cong. 1st Sess., May 20, 1933; 78 
        Cong. Rec. 4691, 4700, 73d Cong. 2d Sess., Mar. 16, 1934; 81 
        Cong. Rec. 3489, 3490, 75th Cong. 2d Sess., Apr. 14, 1937; and 
        81 Cong. Rec. 3563, 75th Cong. 2d Sess., Apr. 15, 1937.
---------------------------------------------------------------------------

        Mr. [Milton H.] West [of Texas]: Mr. Speaker, this afternoon, 
    at about 1:30 o'clock, there was a quorum call, No. 53. Many 
    members of the Texas delegation did not answer that quorum call by 
    reason of the fact that at that time they were attending a luncheon 
    given in honor of that great Texan and great American, Admiral 
    Chester W. Nimitz, commander of the fleet. He was explaining to the 
    delegation the needs of the future fleet of the United States. For 
    that reason the following Members did not feel they should leave 
    that meeting in order to answer a quorum call----
        Mr. [Clarence] Cannon of Missouri: Mr. Speaker, I regret to 
    raise the point, but the gentleman is not proceeding in order. I 
    hope he will not start a procedure which will return to plague us 
    in the future. All of us understand that no Member of the Texas 
    delegation would fail to answer roll call unless he were fully 
    warranted in being absent. . . .
        The Speaker: (12) . . . The gentleman from Texas 
    [Mr. West] asked
---------------------------------------------------------------------------
12. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

[[Page 3518]]

    unanimous consent to proceed for 1 minute. It is the understanding 
    of the Chair that he did not intend to announce how any Member 
    voted. He was simply stating why some Members of the Texas 
    delegation did not answer a quorum call about 1 o'clock.

        Mr. Cannon of Missouri: I reluctantly raise the point of order. 
    . . .
        It would set a precedent for resuming an objectionable custom 
    which has long since been discontinued.
        The Speaker: The Chair believes that the gentleman from Texas, 
    being authorized by the Members whose names he is about to call, 
    would be allowed to state why they were not on the floor to answer 
    a roll call. The Chair knows of no rule of the House that is being 
    violated by that.
        Mr. [Joseph W.] Martin [Jr.] of Massachusetts: Mr. Speaker, I 
    ask unanimous consent that the gentleman from Texas may proceed for 
    one additional minute.
        Mr. Cannon of Missouri: Mr. Speaker, I regret to object. . . .
        The Speaker: The gentleman from Missouri objects. The time of 
    the gentleman from Texas has expired. . . .
        Mr. [Oren] Harris [of Arkansas]: Mr. Speaker, I ask unanimous 
    consent that the gentleman may be permitted to extend his remarks 
    in the Record.
        Mr. Cannon of Missouri: I make the point of order that a quorum 
    is not present.
        The Speaker: It is very necessary that some reports from the 
    Committee on Rules be filed this afternoon.
        Mr. Cannon of Missouri: Mr. Speaker, I withhold the point of 
    order.

Sec. 2.17 Where a quorum fails to develop on an automatic roll call 
    under Rule XV clause 4,(13) the Chair need not announce 
    the result of the vote other than to inform the House that a quorum 
    has not been developed since under that rule the Chair may 
    entertain a motion to adjourn ``at any time after the roll call has 
    been completed.''
---------------------------------------------------------------------------
13. House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Dec. 22, 1932,(14) Speaker John N. Garner, of Texas, 
made a statement regarding announcement of the vote on an automatic 
roll call on a pending motion to recommit.
---------------------------------------------------------------------------
14. 76 Cong. Rec. 942, 943, 72d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Oscar] De Priest [of Illinois]: Mr. Speaker, I object to 
    the vote on the ground that there is not a quorum present.
        The Speaker: Evidently there is not a quorum present. The 
    Doorkeeper will close the doors, the Sergeant at Arms will notify 
    the absent Members, and the Clerk will call the roll. . . .
        Mr. [Henry T.] Rainey [of Illinois]: Mr. Speaker, I move that 
    the House do now adjourn.
        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, may we have 
    the vote announced?
        The Speaker: It has developed there is not a quorum present.
        Mr. Snell: Mr. Speaker, what was the vote?
        The Speaker: It is not necessary to give that out, so the 
    Parliamentarian

[[Page 3519]]

    informs the Chair, but the Chair may announce that so far the vote 
    is--yeas 110, nays 95. There is not a quorum present.
        The gentleman from Illinois moves that the House do now 
    adjourn.

Failure of Quorum to Vote

Sec. 2.18 Instance where immediately after the Speaker counted a 
    quorum, a quorum failed to vote, by a division vote, on an 
    amendment. In response to a point of order, the Speaker ruled that 
    he observed that a quorum remained present when the vote was taken 
    and the Chair was not responsible if all Members did not vote.

    On Apr. 2, 1943,(15) during consideration of H.R. 2087, 
the War Security Act, Speaker Sam Rayburn, of Texas, held that a quorum 
was present.
---------------------------------------------------------------------------
15. 89 Cong. Rec. 2886, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair will count. [After counting.] Two 
    hundred and nineteen Members are present, a quorum.
        The question is on the amendment offered by the gentleman from 
    Wisconsin.
        The question was taken; and the Chair being in doubt, the House 
    divided, and there were--ayes 62, noes 112.
        Mr. [Harry] Sauthoff [of Wisconsin]: Mr. Speaker, I object to 
    the vote on the ground that a quorum is not present.
        The Speaker: The Chair has just counted, and a quorum was 
    present. The Chair is not responsible if all Members in the House 
    do not vote. The Chair must hold that a quorum is present.
        So the amendment was rejected.

    Parliamentarian's Note: The fact that a quorum does not vote on an 
amendment does not necessarily indicate that a quorum is not present.

Instructions to Sergeant at Arms

Sec. 2.19 Where a quorum fails to appear on a call of the House, a 
    motion to instruct the Sergeant at Arms to bring in absentees is in 
    order.

    On Oct. 14, 1969 (16) Speaker John W. McCormack, of 
Massachusetts, responded to a parliamentary inquiry on the propriety, 
in the absence of a quorum, of sending the Sergeant at Arms to bring in 
absent Members.
---------------------------------------------------------------------------
16. 115 Cong. Rec. 30054-56, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, a 
    parliamentary inquiry.
        Mr. Speaker, would it be in order at that point to move that 
    the Speaker instruct the Sergeant at Arms to bring in Members who 
    are absent?

[[Page 3520]]

        The Speaker: The Chair will state that if the House fails to 
    adjourn, a motion to that effect would be in order.

Legislative Signal Lights and Bells


Sec. 2.20 The Speaker announced to the House his directive that the 
    House legislative electric bell and light signals be altered to 
    distinguish between recorded votes in the House and quorum calls in 
    the House or in Committee of the Whole.

    On Jan. 21, 1970,(1) Speaker John W. McCormack, of 
Massachusetts, issued a directive that signal bells be used to 
distinguish between recorded votes and quorum calls:
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 612, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair would like to make an announcement.
        On January 3, 1969, the House adopted an amendment to rule XV, 
    clause 1, that eliminated the necessity for Members to ``qualify'' 
    on a yea-and-nay vote. Since that time several Members have asked 
    the Chair if it would be possible to make a signal system 
    distinction between a yea-and-nay vote--either a constitutional 
    vote or a vote under clause 4, rule XV--and a call of the House.
        The Chair has given careful consideration and study to the 
    matter and has reached the conclusion that the change would be of 
    benefit to the Members. Accordingly, starting today, the Chair has 
    directed that on all recorded votes the bells will be rung twice. 
    On quorum calls, either in the House or in Committee of the Whole, 
    the bells will be rung three times.
        For the convenience of Members the Chair will insert in the 
    Record at this point a revised schedule of the signal system:

               House Legislative Electric Bell and Light Signals

            Tellers: 1 ring and light on left.
            Yeas and Nays (either when ordered by one-fifth of those 
        present or under Rule XV, cl 4): 2 rings and lights on left.
            Call of House; No quorum in Committee of the Whole: 3 rings 
        and lights on left.
            Adjournment: 4 rings and lights on left.
            Recess: 5 rings and lights on left.
            Civil Defense Warning: 6 rings and lights on left.
            (The light on the far right--7--indicates that the House is 
        in session.)

Sec. 2.21 In a statement preceding introduction of the electronic 
    voting system, the Speaker announced a revised schedule of the 
    electric bell and light signals, including a provision for quorum 
    calls.

    On Jan. 15, 1973,(2) Speaker Carl Albert, of Oklahoma, 
announced a revised schedule of leg
---------------------------------------------------------------------------
 2. 119 Cong. Rec. 1055-57, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 3521]]

islative electric bell and light signals.

        The Chair has directed that the bell and light system be 
    utilized in the following manner:
        One bell indicates a teller vote, taken in accordance with 
    clause 5, Rule I (Members indicate their preference by walking up 
    the center aisle and [being] counted by Members who are named as 
    tellers by the Chair. This is not a recorded vote).
        Two bells indicate an electronically recorded vote, either 
    demanded under the Constitution by one-fifth of those present (in 
    the House) or by one-fifth of a quorum under clause 5, Rule I 
    (either in the House or in Committee of the Whole). Two bells may 
    also indicate a recorded vote under clause 5 Rule I whenever 
    Members are to record their votes by depositing ballot cards in the 
    ``aye'' or ``no'' boxes. The two bells will be repeated five 
    minutes after the first ring to give Members a second notice of the 
    vote in progress.
        Two bells, a brief pause, followed by two bells indicates a yea 
    and nay vote taken under the provisions of Rule XV, clause 1, by a 
    call of the roll. The bells will be sounded again when the Clerk 
    reaches the ``R's'' in the first call of the roll.
        Three bells indicate a quorum call, either by means of the 
    electronic system (Rule XV, clauses 2 and 5) or by means of tellers 
    (Rule XV, clause 2(b)). The bells will be repeated five minutes 
    after the first ring to give Members a second notice of the quorum 
    call in progress.
        Four bells indicate an adjournment of the House.
        Five bells indicate a recess of the House.
        Six bells indicate a civil defense warning.

    Parliamentarian's Note: The legislative call system was designed to 
alert Members to certain occurrences on the floor of the House. More 
recently, Speaker Thomas P. O'Neill, of Massachusetts, has directed 
that the bells and lights comprising the system be utilized as follows 
(125 Cong. Rec. ----, 96th Cong. 1st Sess., Jan. 23, 1979):

        Tellers--one ring and one light on left.
        Recorded vote, yeas and nays, or automatic rollcall vote taken 
    either by electronic system or by use of tellers with ballot 
    cards--two bells and two lights on left indicate a vote in House or 
    in Committee of the Whole by which Members are recorded by name. 
    Bells are repeated five minutes after the first ring.
        Recorded vote, yeas and nays, or automatic rollcall electronic 
    vote on recommittal to be immediately followed by possible five-
    minute vote on final passage (cl. 5, Rule XV)--two bells rung at 
    beginning of motion to recommit, followed by five bells, indicate 
    that Chair will order five-minute vote if recorded vote, yeas and 
    nays or automatic vote is ordered immediately thereafter on final 
    passage or adoption. Two bells repeated five minutes after first 
    ring.
        Recorded vote, yeas and nays, or automatic rollcall by call of 
    the roll--two bells, followed by a brief pause, then two bells 
    indicate such a vote taken under the provisions of Rule XV,

[[Page 3522]]

    clause 1, by a call of the roll in the House. The bells are 
    repeated when the Clerk reaches the ``R's'' in the first call of 
    the roll.
        Regular quorum call--three bells and three lights on left 
    indicate a quorum call either in the House or in Committee of the 
    Whole by electronic system or by clerks. The bells are repeated 
    five minutes after the first ring. Where quorum call is by call of 
    the roll, three bells followed by a brief pause, then three more 
    bells, with the process repeated when the Clerk reaches the ``R's'' 
    in the first call of the roll, are utilized.
        Regular quorum call in Committee of the Whole, which will 
    possibly be immediately followed by five-minute electronic recorded 
    vote (cl. 2, Rule XXIII)--three bells rung at beginning of quorum 
    call, followed by five bells, indicate that Chair will order five-
    minute vote if recorded vote is ordered on pending question. Three 
    bells repeated five minutes after first ring.
        Notice or short quorum call in Committee of the Whole--one long 
    bell followed by three regular bells, and three lights on left, 
    indicate that the Chair has exercised his discretion under cl. 2, 
    Rule XXIII and will vacate proceedings when a quorum of the 
    Committee appears. Bells are repeated every five minutes unless (a) 
    the call is vacated by ringing of one long bell and extinguishing 
    of three lights, or (b) the call is converted into a regular quorum 
    call and three regular bells are rung.
        Adjournment--four bells and four lights on left.
        Any five-minute vote--five bells and five lights on left.
        Postponed votes on (a) motions to suspend the rules (cl. 3, 
    Rule XXVII); (b) on ``clustered'' rules from Rules Committee (cl. 
    4(e), Rule XI); or (c) on ``clustered'' final votes on bills, 
    resolutions or conference reports (cl. 5(b), Rule I)--two bells, 
    followed by five bells, indicate start of fifteen-minute vote on 
    first postponed question in each such series. Two bells repeated 
    five minutes after first ring. Five bells on all subsequent five-
    minute votes in each series on which Speaker has reduced vote time.
        Recess of the House six bells and six lights on left.

        Civil Defense Warning--twelve bells, sounded at two-second 
    intervals, with six lights illuminated.

Interpretation of ``Vacating Proceedings'' Under Rule XV Clause 4

Sec. 2.22 Where a quorum has failed to develop on an automatic roll 
    call under Rule XV clause 4,(3) and the House has 
    adjourned, the provision in the rule that proceedings be 
    ``vacated'' has been construed to mean the voiding of the 
    proceedings incident to such call, and not to mean deletion of the 
    proceedings from the Record and the Journal.
---------------------------------------------------------------------------
 3. House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Dec. 23, 1932,(4) and Dec. 27, 1932,(5) 
the interpretation of
---------------------------------------------------------------------------
 4. 76 Cong. Rec. 980, 981, 983, 984, 72d Cong. 2d Sess.
 5. Id. at pp. 986, 987.
---------------------------------------------------------------------------

[[Page 3523]]

the word ``vacate'' Rule XV clause 4, and the effect of vacating 
proceedings for purposes of the Journal and Record were discussed.

        The Journal of the proceedings of yesterday was read.
        The Speaker: (6) Without objection, the Journal will 
    stand approved.
---------------------------------------------------------------------------
 6. John N. Garner (Tex.).
---------------------------------------------------------------------------

        Mr. [Carl E.] Mapes [of Michigan]: Mr. Speaker, reserving the 
    right to object, I would like to ask the Speaker if the Journal 
    shows a record of the roll call on the motion to recommit when the 
    point of no quorum was developed immediately before the adjournment 
    of the House yesterday. The Record does not.
        The Speaker: The Journal does not show the roll call on the 
    motion to recommit.
        Mr. Mapes: Then, Mr. Speaker, I desire to call the Speaker's 
    attention and the attention of the House to the Journal and the 
    Record and to ask for a correction of both.
        Mr. Speaker, in this connection, I desire to say that in 
    looking over the Record this morning I saw that the roll call was 
    not in the Record, and I assumed that its omission was merely an 
    oversight. .
        Mr. [William B.] Bankhead [of Alabama]: I did not fully 
    understand the gentleman's request. Does the gentleman propose to 
    ask the Speaker to have the Journal corrected?
        Mr. Mapes: Yes; the Journal and the Record. As I was saying, 
    when I noticed the omission of the roll call in the Record, I 
    assumed the omission was an oversight, but a short time ago I took 
    occasion to call the Parliamentarian and was assured by him that 
    its omission was not an oversight. . . .
        I am told by the Parliamentarian that the basis for the 
    omission is contained in the last sentence of Rule XV, subsection 
    4, which says that when a situation is developed such as was 
    developed yesterday that all proceedings under this section shall 
    be vacated. I will read the entire sentence:

            At any time after the roll call has been completed, the 
        Speaker may entertain a motion to adjourn, if seconded by a 
        majority of those present, to be ascertained by actual count by 
        the Speaker; and if the House adjourns, all proceedings under 
        this section shall be vacated,

        What the proper construction of the last clause in that 
    sentence is may be open to some argument, but to me it is a violent 
    construction of it to construe it to mean that an actual roll call 
    in the House of Representatives shall not be recorded in the 
    Journal. . . .
        Mr. Bankhead: Mr. Speaker, I would like to be heard briefly on 
    the proposition. As the gentleman from Michigan has well said, this 
    might be a matter of considerable importance because of the dignity 
    of the Journal as showing the historical proceedings of the House 
    of Representatives.
        The gentleman from Michigan has well pointed out that the 
    Constitution does provide that--

            The House shall keep a Journal of its proceedings and from 
        time to time publish the same except such parts as may in their 
        judgment require secrecy.

        But that provision of the Constitution does not directly or by 
    implication go to the extent of saying that the

[[Page 3524]]

    House has not the right to control the interpretation and say what 
    entries in the Journal, shall be made. The Manual, section 71, 
    says:

            The House controls its Journal and may decide what are 
        proceedings, to the extent of omitting things actually done or 
        recording things not done.

        The rule that the gentleman from Michigan referred to a few 
    minutes ago is not susceptible of any ambiguous construction. It is 
    plain, simple, direct, and is mandatory in its provisions. An 
    automatic roll call was had, a motion to adjourn, seconded by a 
    majority of those present by actual count by the Speaker, and up to 
    that point the requirements of the rule were actually complied with 
    in all details; but the rule goes further, and this is the section 
    which governs the proper construction of the situation by the 
    Speaker:

                         And if the House adjourn--

        Which it did do under the preceding sections--

            Lall proceedings under this section shall be vacated. . . .

        The Speaker: The Chair is ready to make a statement, if not a 
    ruling. During the last Congress the late Speaker Longworth, in a 
    conversation with me, paid the Parliamentarian a very high 
    compliment as to his philosophy and accuracy in trying to maintain 
    the integrity of the rules of the House of Representatives. The 
    result was that when I became Speaker I continued his services, and 
    I have found him to be very capable.
        This rule we are considering may be a bad rule; and if we were 
    considering it originally, I am not certain that I would support 
    it, but that it is a part of the rules of the House of 
    Representatives there can be no question.
        The rule not only says that the proceedings shall all be 
    vacated but is followed by other matter. The rule was adopted in 
    1896. It applies only to votes where a quorum is required; that is, 
    the rule would vacate a vote if a quorum failed and the House 
    adjourned. The rule, of course, does not apply to a motion to 
    adjourn, since it does not require a quorum to agree to that 
    motion. Now, to make the illustration: If the motion yesterday had 
    been to adjourn, and no quorum developed on that motion, the vote 
    would have appeared in the Journal; but it was not a motion to 
    adjourn, it was a motion where a quorum was required, to wit, a 
    motion to recommit the bill to the committee with instructions to 
    report it back forthwith.
        There was no legal action on that motion yesterday, and it 
    seems to the Chair that under the circumstances the proceedings 
    were void by reason of this language of the rule:

            If the House adjourns, all proceedings under this section 
        shall be vacated.

        The Chair does not know what this language can mean unless it 
    means that where a quorum failed on an automatic roll call and the 
    House adjourned the entire proceedings relating to the call shall 
    be vacated. What can it possibly mean other than to-vacate the 
    proceedings? And that, of course, includes the roll call.
        The gentleman from Alabama called attention to the definition 
    of ``vacate'' found in Webster's Dictionary. The Parliamentarian 
    calls the Chair's at

[[Page 3525]]

    tention to the definition appearing in Bouvier's Law Dictionary, 
    which is:

            To render null and void; to vacate an entry which has been 
        made on a record.

        That is exactly what was done in this case.
        The Chair repeats again, this may be a bad rule, and its 
    philosophy may be wrong, but it is a rule of the House, and that 
    the Parliamentarian has complied with the rules of the House there 
    is no doubt in the Speaker's mind.
        The Speaker wants it understood that he is not wedded to this 
    conclusion, and it is a matter for the House to determine itself 
    what construction it will place in this particular rule. The Chair 
    has no pride in it whatever; and if it is the wish of the House to 
    allow it to go over until next Tuesday so we can look into it and 
    philosophize about it, the Chair would not be opposed to such 
    action.

        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Snell: If the Speaker says that the motion will be in order 
    on next Tuesday, I am perfectly willing to give him such time to 
    look into the matter further. I think it is important that this 
    question should be decided right for all time, because it is very 
    important in so far as the proceedings of the House are concerned.
        The Speaker: The Chair will recognize the gentleman from New 
    York to make the motion now, if he desires to make it.
        Mr. Snell: Mr. Speaker, perhaps it would be a good idea for me 
    to make the motion and have it pending. Would that be proper?
        Mr. Bankhead: Will the gentleman yield?
        Mr. Snell: Yes.
        Mr. Bankhead: The question arises, I respectfully suggest, 
    whether it would be in order to entertain that motion. In the 
    absence of a quorum, officially shown on the record, there is a 
    constitutional inhibition against any proceedings. I have no 
    objection myself, of course.
        Mr. Snell: This is a new legislative day, and there has been no 
    development of a quorum and no one has raised the issue.
        Mr. Bankhead: I am in entire accord with the suggestion of the 
    gentleman, but I do have serious doubt whether we could properly 
    consider it in the absence of a quorum.
        Mr. Snell: If the Chair is willing, I will make the motion with 
    the understanding it will not be taken up to-day but will be 
    pending.
        The Speaker: Let the Chair point out what the parliamentary 
    situation would be next Tuesday. We have one motion pending at the 
    present time as the unfinished business, to wit, the motion to 
    recommit. If the gentleman makes a motion to correct the Journal, 
    that would be the first business on Tuesday, as the Chair would 
    interpret it.
        Mr. Snell: I would expect so.
        The Speaker: Therefore, there would be pending on next Tuesday 
    two propositions, one following the other: First, the approval of 
    the Journal of yesterday's proceedings, and second, the motion to 
    recommit the bill to the committee with instructions to report it 
    back forthwith.

[[Page 3526]]

        Let the Chair suggest to the gentleman from New York that we 
    can adjourn, if the House desires, at the present time, and the 
    Chair will recognize the gentleman from New York on next Tuesday to 
    move to correct the Journal of the proceedings of yesterday.

                                Adjournment

        Mr. [Henry T.] Rainey [of Illinois]: Mr. Speaker, I move that 
    the House do now adjourn.
        The motion was agreed to; accordingly (at 12 o'clock and 42 
    minutes p.m.) the House adjourned to meet, in accordance with its 
    previous order, on Tuesday, December 27, 1932, at 12 o'clock noon.

    On Dec. 27, 1932,(7) the following occurred immediately 
after the prayer:
---------------------------------------------------------------------------
 7. 76 Cong. Rec. 986, 987, 72d Cong. 2d Sess.
---------------------------------------------------------------------------

             Correction of the Journal of Thursday, December 22

        Mr. Snell: Mr. Speaker, I ask unanimous consent to correct the 
    Journal of Thursday, December 22, and also the permanent Record of 
    that same day by inserting in the same a record of the proceedings 
    on a roll call on the motion to recommit made by the gentleman from 
    Illinois [Mr. De Priest] in connection with the Interior Department 
    appropriation bill.
        The Speaker: The gentleman from New York asks unanimous consent 
    that the Journal and the permanent Record of last Thursday's 
    proceedings be corrected so as to include the roll call on the 
    motion to recommit the Interior Department appropriation bill.
        Mr. Snell: And pending that I would like to make a brief 
    statement. I want to say that I have found an exact precedent, 
    entirely on all fours with the situation which arose in the House 
    last Thursday.
        These proceedings took place under another distinguished 
    Democratic Speaker, the Hon. Champ Clark, and the Hon. Claude 
    Kitchin as majority leader, and show that we were correct in the 
    position that we took on this side of the House last Friday. 
    Therefore I think they ought to go in the Record at this time in 
    order to clear up any situation of a like nature that may arise in 
    the future.
        This situation arose on February 3, 1919. The gentleman from 
    Rhode Island, Mr. O'Shaunessy, made a motion to suspend the rules 
    and pass a bill that had to do with the salaries of the Federal 
    judges in Rhode Island. After the motion and some debate I will 
    read from the Record:

            The Speaker: The question is on suspending the rules and 
        passing the bill.
            The question was taken.
            The Speaker: In the opinion of the Chair two-thirds----
            Mr. Walsh: Mr. Speaker, I make the point of order that 
        there is no quorum present.
            The Speaker: The gentleman from Massachusetts makes the 
        point that there is no quorum present, and evidently there is 
        not. The Doorkeeper will close the doors, the Sergeant at Arms 
        will notify the absentees, and the Clerk will call the roll. 
        The question is on suspending the rules and passing the bill.
            The question was taken; and there were--yeas 113, nays 96, 
        answered ``present'' 4, not voting 216.

        Then the names of those voting ``yea,'' those voting ``nay,'' 
    and those not voting appear in the Record.

[[Page 3527]]

        Mr. Kitchin: I move that the House do now adjourn.

        The motion was agreed to and the House adjourned.
        Now, that is exactly on all fours with the situation in the 
    House last week. I may say also that the Journal is the same as the 
    Record, except that the names of the absentees are not recorded in 
    the Journal. I think, Mr. Speaker, it is proper that this request 
    should be granted, and I understand that my request is acquiesced 
    in by the majority leader.
        Mr. Rainey: Mr. Speaker, reserving the right to object, I think 
    the Speaker's interpretation of the rule is absolutely correct. If 
    the rule is not plain enough to carry out the suggestions of the 
    Speaker, I think it ought to be made so. The rule may need some 
    clarifying in the next Congress. I see no objection to publishing 
    these names. I hope there will be no objection to the request of 
    the gentleman from New York.
        The Speaker: Is there objection to the request of the gentleman 
    from New York [Mr. Snell]?
        There was no objection.
        The Speaker: The Chair asks unanimous consent of the House that 
    the Speaker be permitted to extend his remarks concerning this 
    question. Is there objection?
        There was no objection.
        The Speaker: The Chair in ruling on this question on Friday 
    last stated his views relative to the construction to be placed on 
    the provisions of clause 4 of Rule XV. The Chair has since that 
    time given additional thought to the question raised by the 
    gentleman from Michigan [Mr. Mapes]. It seems to the Chair that the 
    language embodied in the last sentence of clause 4 of Rule XV, to 
    wit, ``If the House adjourns, all proceedings under this section 
    shall be vacated,'' should not be disregarded. The present occupant 
    of the chair endeavored to ascertain what that language could mean 
    with respect to the rule now under consideration. The Chair 
    believes that without the language, ``And if the House adjourns, 
    all proceedings under this section shall be vacated,'' the vote 
    would have been void if a quorum failed on the vote. So that if the 
    purpose of the language was merely to void the vote it was 
    unnecessary. The Chair can not conceive of superfluous language 
    being placed in any rule, and the Chair in this instance certainly 
    does not think the above-quoted language is superfluous. Now, if 
    the Chair is correct so far in his interpretation of the rule, the 
    Chair will pursue the subject further. If the language is not 
    necessary in order to void the vote where a quorum fails, then it 
    must mean that the record of the proceedings is vacated and made of 
    no effect, and consequently has no place in the Journal. In that 
    connection the Chair may state that it has been the uniform 
    practice in the past not to include in the Journal the proceedings 
    whereby a certain action of the House has been vacated when the 
    request to vacate occurs on the same day that the action sought to 
    be vacated occurred. For instance, where the House passes a bill on 
    a certain day and later on during the same day a Member requests 
    that the proceedings whereby the bill has been engrossed, read a 
    third time, and passed be vacated in order that an amendment may be 
    placed in the bill, and such request is

[[Page 3528]]

    granted and the amendment is then adopted, the bill engrossed and 
    read a third time and passed, the Journal does not show the 
    proceedings whereby the original action was vacated, but merely 
    shows that the bill was considered, amended, engrossed, read a 
    third time, and passed. In other words, the Journal shows the final 
    action and not the incidental things that occur in consummating 
    that action. The Chair thinks that that is an analogous case and 
    that the same reasoning should apply in the question that has 
    arisen.
        The Chair in making this statement does not want it interpreted 
    as meaning that he is in sympathy with the legal construction he 
    has placed on the rule. The present occupant of the chair has 
    always been in favor of giving the widest publicity to all the 
    proceedings of government. The Chair wants it distinctly understood 
    that he has ruled only on the legal aspects of the question. The 
    Chair is not in sympathy with any rule that tends to make secret 
    any governmental proceedings, but the Chair can not permit the 
    merits of a particular rule to influence him in the legal 
    construction of it. The Chair makes this statement merely to 
    explain the reasons governing the Chair in the making of his ruling 
    on last Friday. The House by agreeing to the request of the 
    gentleman from New York [Mr. Snell] has indicated that its 
    interpretation of the rule is such as to permit the publication of 
    the proceedings in the Journal as well as the Record.

                                The Journal

        The Speaker: Without objection, the Journal of the proceedings 
    of Thursday, December 22, 1932, will be approved.
        There was no objection.
        The Speaker: The Clerk will read the Journal of Friday, 
    December 23, 1932.
        Mr. Mapes: Mr. Speaker, before that is done may I rise to a 
    parliamentary inquiry?
        The Speaker: Certainly. The gentleman will state it.
        Mr. Mapes: In connection with the proceedings relating to the 
    correction of Thursday's Journal. Inasmuch as the unanimous consent 
    of the minority leader has been agreed to, the Record of last 
    Thursday will be corrected accordingly, but in view of the 
    statement of the majority leader, it seems to me that the situation 
    is left in a somewhat indefinite condition so far as the 
    interpretation of the rule is concerned, and what the duty of the 
    Journal clerk may be in similar cases arising in the future. I 
    think it would be interesting to have the decision of the Speaker 
    in respect to that. Suppose the same situation should develop to-
    day, for instance.
        The Speaker: The Chair would carry out the will of the House as 
    expressed to-day in the proceedings.
        Mr. Mapes: That is, that the full proceedings would be 
    incorporated in the Journal?
        The Speaker: Yes. If the same question arises again, the names 
    will be included in the Journal and the Record.

Sec. 2.23 During a quorum call under Rule XV clause 2(a),(8) 
    the Speaker has no authority to entertain a unanimous-
---------------------------------------------------------------------------
 8. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

[[Page 3529]]

    consent request to vacate proceedings under the call.

    On Oct. 18, 1972,(9) during consideration of a 
conference report on S. 3939, the Federal-aid Highway Act, and the day 
on which the House adjourned sine die, Speaker Carl Albert, of 
Oklahoma, responded to a unanimous-consent request to vacate a call of 
the roll.
---------------------------------------------------------------------------
 9. 118 Cong. Rec. 37199, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John T.] Myers [of Indiana]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker: The Chair will count. 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.
        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.

Automatic Call After Vacating Passage of Bill

Sec. 2.24 The House, having passed a bill by voice vote, vacated the 
    proceedings by unanimous consent; the question on passage was again 
    put and a quorum not being present, a roll call was automatic under 
    Rule XV clause 4.(10)
---------------------------------------------------------------------------
10. House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Oct. 5, 1962,(11) during consideration of S. 1447, to 
amend the Teachers' Salary Act for the District of Columbia, an 
automatic roll call was held.
---------------------------------------------------------------------------
11. 108 Cong. Rec. 22649, 22650, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: (12) The question is on the committee 
    amendment.
---------------------------------------------------------------------------
12. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        The committee amendment was agreed to.
        The bill was ordered to be read a third time, was read the 
    third time, and passed, and a motion to reconsider was laid on the 
    table. . . .
        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I would 
    like to inquire whether or not there are further conference reports 
    or unanimous-consent requests to be considered this evening.
        Mr. [John L.] McMillan [of South Carolina]: I have one more 
    bill I desire to call up from the Committee on the District of 
    Columbia.

[[Page 3530]]

        Mr. [James G.] Fulton [of Pennsylvania]: 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 bill has already passed.
        Mr. Fulton: Mr. Speaker, I was on my feet.
        The Speaker: The Chair will state that if a Member is on his 
    feet, that is insufficient. The gentleman did not address the 
    Chair.
        Mr. Fulton: I was saying ``Mr. Speaker,'' and was not heard. I 
    was on my feet.
        The Speaker: If the gentleman asks unanimous consent to vacate 
    the action, the Chair will entertain a request But the passage of 
    the bill had been completed.
        Mr. Fulton: Mr. Speaker, I was on my feet addressing the 
    Speaker, but I was not recognized.
        The Speaker: The Chair does not know what is in the gentleman's 
    mind when the gentleman is on his feet.
        Mr. Fulton: I was saying ``Mr. Speaker,'' right straight 
    through. I am sure it is the custom of the House to be recognized 
    when a point of order is being made.
        The Speaker: Without objection, the action whereby the bill was 
    passed will be vacated.
        There was no objection.
        The Speaker: The question is on the passage of the bill.
        The question was taken, and the Speaker announced that the ayes 
    appeared to have it.

        Mr. Fulton: Mr. Speaker----
        The Speaker: For what purpose does the gentleman from 
    Pennsylvania rise?
        Mr. Fulton: 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.
        Does the gentleman insist upon his point of order?
        Mr. Fulton: Yes, Mr. Speaker.
        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

Senate Precedents

Sec. 2.25 The Presiding Officer of the Senate, as a Member of that 
    body, may suggest the absence of a quorum.

    On July 16, 1965,(13) the authority of the Presiding 
Officer was discussed.

        Mr. [Spessard L.] Holland [of Florida]: Mr. President, will the 
    Senator yield?
        Mr. [Wayne L.] Morse [of Oregon]: I yield.
        Mr. Holland: Is it not a fact, although not frequently 
    practiced, that the Presiding Officer of the Senate, in the event 
    of an emergency or for any reason satisfactory to himself, can 
    suggest the absence of a quorum?
---------------------------------------------------------------------------
13. 111 Cong. Rec. 17103, 17104, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Morse: Yes; that is another procedure that may be followed. 
    I am not critical because it was not followed. I am only pointing 
    out, for precedential

[[Page 3531]]

    reference, that either procedure would have prevented the situation 
    that developed.
        Mr. Holland: Mr. President, will the Senator yield further?
        Mr. Morse: I yield to the Senator from Florida.
        Mr. Holland: I am not making my comments in criticism of 
    anyone. I was in the Senate a long time before I knew that a 
    Senator when acting as the Presiding Officer of the Senate could 
    suggest the absence of a quorum. I wanted to bring that point into 
    the debate so that it will be clearly apparent for all Senators who 
    have the onerous duty of presiding at embarrassing times to 
    themselves. That is a well settled rule, as I understand, and if 
    the Presiding Officer and the Senator from Oregon will yield, I 
    should like to address a parliamentary inquiry to have that point 
    incorporated in the Record.
        The Presiding Officer: (~14) The Senator from 
    Florida is correct.
---------------------------------------------------------------------------
14. Daniel K. Inouye (Hawaii).
---------------------------------------------------------------------------

        Mr. Holland: Will the Chair restate that ruling?
        The Presiding Officer: The Presiding Officer, as a Member of 
    the Senate, may suggest the absence of a quorum at an appropriate 
    time.
        Mr. Holland: I thank the Chair.

Sec. 2.26 When the Senate convenes following an adjournment taken in 
    the absence of a quorum, the first order of business is the 
    establishment of a quorum and the Presiding Officer directs the 
    roll to be called.

    On Sept. 23, 1968,(15) a quorum was established.
---------------------------------------------------------------------------
15. 114 Cong. Rec. 27814, 27815, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

                              Call of the Roll

        The President Pro Tempore,(~1) The Senate having 
    adjourned on Friday, September 20, 1968, in the absence of a 
    quorum, the clerk will call the roll to ascertain the presence of a 
    quorum.
---------------------------------------------------------------------------
 1. Carl Hayden (Ariz.).
---------------------------------------------------------------------------

        The bill clerk called the roll, and the following Senators 
    answered to their names. . . .
        The Presiding Officer: (2) A quorum is not present.
---------------------------------------------------------------------------
 2. Howard W. Cannon (Nev.).
---------------------------------------------------------------------------

        Mr. [Michael J.] Mansfield [of Montana]: Mr. President, I move 
    that the Sergeant at Arms be directed to request the attendance of 
    absent Senators.
        The Presiding Officer: The question is on agreeing to the 
    motion of the Senator from Montana.
        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.
        After some delay, the following Senators entered the Chamber 
    and answered to their names: . . .
        The Presiding Officer: A quorum is present.

Sec. 2.27 The Senate having recessed in the absence of a quorum, the 
    Vice President directed a quorum call when the Senate reconvened.

    On July 28, 1962,(3) Vice President Lyndon B. Johnson, 
of Texas,
---------------------------------------------------------------------------
 3. 108 Cong. Rec. 14952, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3532]]

ordered a quorum call after the Senate reconvened following a recess.

        The Senate met at 10 o'clock a.m., on the expiration of the 
    recess, and was called to order by the Vice President. . . .

                              Call of the Roll

        The Vice President: The Senate having taken a recess last night 
    in the absence of a quorum, no business can be transacted until a 
    quorum is present.
        The clerk will therefore call the roll for the purpose of 
    developing a quorum.
        The legislative clerk called the roll; and the following 
    Senators answered to their names: . . .

Sec. 2.28 Where the Senate recesses over the weekend because of lack of 
    a quorum, the Vice President at the next meeting of that body 
    causes the roll to be called to secure a quorum.

    On Mar. 7, 1938,(4) Vice President John N. Garner, of 
Texas, commented on the procedure following a recess.
---------------------------------------------------------------------------
 4. 83 Cong. Rec. 2903, 2904, 75th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Vice President: The Chair has examined the Record and finds 
    that when the Senate took a recess on Friday last no quorum was 
    present. The Chair, therefore, thinks it is his duty to direct the 
    clerk to call the roll for the purpose of securing a quorum, for 
    the Senate begins now just where it left off last Friday.
        The Chief Clerk called the roll, and the following Senators 
    answered to their names: . . .
        The Vice President: Eighty-six Senators have answered to their 
    names. A quorum is present.