[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[A. Calls of the House]
[Â§ 3. The Chair's Count; Names Included on Calls]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3532-3545]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 3. The Chair's Count; Names Included on Calls

    Following the historic decision of Speaker Thomas B. Reed, of 
Maine, in 1890,(5) the House adopted Rule XV clause 
3,(6) which provides that on the demand of any Member or at 
the suggestion of the Speaker, those Members present in the Hall of the 
House who do not vote may nevertheless be counted in determining the 
presence of a quorum; moreover, under Rule XV clause 4,(7) 
the Speaker, in determining the presence of a quorum, is au
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 5. Speaker Reed directed the Clerk to enter on the Journal as part of 
        a yea and nay vote the names of Members who were present but 
        did not vote, thereby establishing a quorum of record. 4 Hinds' 
        Precedents Sec. 2895.
 6. House Rules and Manual Sec. 772 (1979); see 4 Hinds' Precedents 
        Sec. 2905 for a discussion of adoption of this clause.
 7. House Rules and Manual Sec. 773 (1979). See also Sec. 3.9, infra.
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[[Page 3533]]

thorized to include Members who do not vote. In practice, the Speaker 
counts all Members he can see, including those leaving the Chamber 
(8) and those behind the railing.(9)
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 8. Sec. 3.5, infra.
 9. Sec. 3.6, infra.
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Inclusion on the Roll

Sec. 3.1 Parliamentarian's Note: Where a Representative-elect dies 
    before the House convenes, his name is included on the roll call by 
    states to establish a quorum [and on subsequent calls] until the 
    House is informed of his death.

    On Jan. 10, 1967,(10) the name of Representative-elect 
John E. Fogarty, of Rhode Island, who had died in his office shortly 
before the House was to convene on Jan. 10, was included on the call of 
the states to establish a quorum since his certificate of election was 
on file with those of the other Members-elect. Following this roll 
call, the Clerk announced the death to the House and Representative-
elect Fogarty's name was removed from subsequent calls.
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10.  113 Cong. Rec. 11, 12, 90th Cong. 1st Sess.
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        The Clerk: Representatives-elect to the 90th Congress, pursuant 
    to the 20th amendment of the Constitution and to Public Law 89-704 
    of the 89th Congress, this is the day fixed for the meeting of the 
    90th Congress.
        As the law directs, the Clerk of the House has prepared the 
    official roll of the Representatives-elect.
        Credentials covering the 435 seats in the 90th Congress have 
    been received and are now on file with the Clerk of the 89th 
    Congress.
        The names of those persons whose credentials show they were 
    regularly elected in accordance with the laws of the several States 
    and of the United States will be called; and as the roll is called, 
    following the alphabetical order of the States, beginning with the 
    State of Alabama, Representatives-elect will answer to their names 
    to determine whether or not a quorum is present.
        The reading clerk will call the roll.
        The Clerk called the roll by States and the following 
    Representatives-elect answered to their names: . . .
        [Parliamentarian's Note: The name of Fogarty was called when 
    the Clerk reached the state of Rhode Island in the call.]
        The Clerk: The rollcall discloses that 434 Representatives-
    elect have answered to their names.
        A quorum is present. . . .

               Vacancy in the Second District of Rhode Island

        The Clerk: The Clerk also wishes to announce there is a vacancy 
    in the Second District of Rhode Island occasioned by the recent 
    death of the Honorable John E. Fogarty.

Sec. 3.2 During a call of the roll by states to determine the

[[Page 3534]]

    presence of a quorum at the opening of a Congress, the Clerk 
    announced receipt of the Proclamation of Alaskan Statehood and 
    directed that names of Members-elect from Alaska be called.

    On Jan. 7, 1959,(11) at the commencement of the 86th 
Congress, the Member from Alaska was included in the roll call by 
states after the proclamation of statehood was announced.
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11. 105 Cong. Rec. 11, 86th Cong. 1st Sess.
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                              Call of the Roll

        The Clerk: Representatives-elect of the 86th Congress, this is 
    the day fixed by law, pursuant to the Constitution of the United 
    States, for the meeting of the 86th Congress and, as the law 
    directs, the Clerk of the House has prepared the official roll of 
    the Representatives-elect. Certificates of election covering the 
    436 seats in the 86th Congress have been received and are now on 
    file with the Clerk of the 85th Congress. The names of those 
    persons whose credentials show they were regularly elected in 
    accordance with the laws of the several States and of the United 
    States will be called.
        As the roll is called, following the alphabetical order of the 
    States, beginning with the State of Alabama, Representatives-elect 
    will answer to their names to determine whether a quorum is 
    present.
        The reading clerk will call the roll by States.
        The reading clerk called the roll by States, and the following 
    Representatives-elect answered to their names: . . .
        The Clerk: A certified copy of the Presidential proclamation 
    indicating that the Territory of Alaska has qualified as a State 
    pursuant to provisions of law has been received.
        The clerk will proceed.

                                   Alaska

        Rivers, Ralph J. (at large) . . .

Sec. 3.3 Parliamentarian's Note: Members-elect, elected to fill 
    vacancies occurring in the first session, are not included on the 
    roll call to ascertain the presence of a quorum when the second 
    session convenes; their names are included on the roll only after 
    their certificates of election have been laid before the House and 
    the oath has been administered to them.

    On Jan. 10, 1966,(12~) the Clerk omitted the names of 
Members-elect on the first call of the House.
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12. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
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                             Call of the House

        The Speaker Pro Tempore: (13) The Clerk will call 
    the roll to ascertain the presence of a quorum.
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13. Carl Albert (Okla.).
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    The Clerk called the roll, omitting the names of Members-elect

[[Page 3535]]

Clarence J. Brown, Jr., of Ohio, and Thomas M. Rees, of California. 
Following presentation of their certificates of election, the Member 
select took the oath.

                           Swearing in of Members

        Mr. Clarence J. Brown, Jr., and Mr. Rees appeared at the bar of 
    the House and took the oath of office.

Who Is Counted

Sec. 3.4 In determining the presence of a quorum, the Chair counts 
    Members present but not voting.

    On Aug. 13, 1940,(14) Speaker William B. Bankhead, of 
Alabama, counted Members who were present but had not voted on a 
division.
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14. 86 Cong. Rec. 10257, 10258, 76th Cong. 3d Sess.
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        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, I move 
    the previous question on the resolution [H. Res. 406, providing for 
    consideration of H.R. 8157, a bill to establish a national land 
    policy and provide homesteads free of debt for actual farm 
    families].

        The previous question was ordered.
        The Speaker: The question is on agreeing to the resolution.
        The question was taken; and there were on a division (demanded 
    by Mr. Colmer)--ayes 47, noes 123.
        Mr. [Knute] Hill [of Washington]: Mr. Speaker, I object to the 
    vote on the ground there is not a quorum present.
        The Speaker: The Chair will count. [After counting.] Two 
    hundred and thirty-five Members are present--a quorum.
        Mr. [Hugh] Peterson of Georgia: Mr. Speaker, I ask for the yeas 
    and nays.
        The yeas and nays were refused.
        So the resolution was rejected.

Sec. 3.5 In counting for a quorum in Committee of the Whole, the Chair 
    counts all Members visible in the Chamber, even though they may be 
    in the process of leaving the Chamber.

    On Apr. 25, 1963,(1~5) during consideration in the 
Committee of the Whole of H.R. 4997, a bill to extend the Feed Grains 
Act, the Chair, James C. Wright, Jr., of Texas, counted all Members who 
were visible.
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15. 109 Cong. Rec. 7116, 88th Cong. 1st Sess.
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        Mr. [Robert T.] Stafford [of Vermont]: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: The Chair will count.
        Mr. [Paul C.] Jones of Missouri: Mr. Chairman, a parliamentary 
    inquiry.
        The Chairman: The gentleman will state it.
        Mr. Jones of Missouri: Will the Chair state whether the Chair 
    is counting those Republicans who went back in the cloakroom?

[[Page 3536]]

        The Chairman: The Chair will respond to the inquiry, which is 
    not a parliamentary inquiry, that he is counting Members as they 
    leave the Chamber.
        The Chair counts 102 Members present, a quorum.

Sec. 3.6 In determining the presence of a quorum, the Chair counts all 
    Members visible, including those behind the railing.

    On July 10, 1958,(16) Members behind the railing were 
counted for purposes of determining the presence of a quorum
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16. 104 Cong. Rec. 13382, 85th Cong. 2d Sess.
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        The Speaker Pro Tempore: (17) The question is on 
    suspending the rules and passing the bill.
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17. John W. McCormack (Mass.).
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        The question was taken; and the Speaker pro tempore announced 
    that in his opinion two-thirds had voted in the affirmative.
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, I object to the vote 
    on the ground that a quorum is not present and I make the point of 
    order that a quorum is not present.
        The Speaker Pro Tempore: The Chair will count. [After 
    counting.] One hundred and ninety-nine Members are present, not a 
    quorum.
        Mr. [Noah M.] Mason [of Illinois]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Mason: Under the rules of the House, is it proper to count 
    Members who are behind the railing?
        The Speaker Pro Tempore: The Chair has made the count and the 
    Chair's count will not be disputed.
        Mr. Mason: Mr. Speaker, I am not questioning the count. I am 
    just asking whether it is proper and in order to count those behind 
    the railing.
        The Speaker Pro Tempore: In response to the gentleman's 
    inquiry, the Chair may and the present occupant of the chair will 
    always, when he is in the chair, count any Member who is visible 
    and in the Chamber.

Sec. 3.7 When a quorum does not appear, the Speaker may order the Clerk 
    to call his name and cast a vote to make a quorum.

    On occasion, after waiting for a quorum to appear, the Speaker has 
cast his vote to make a quorum.
    For example, on Oct. 20, 1966,(18) during an automatic 
roll call while Conference Report No. 2327 on H.R. 13103, the Foreign 
Investors Tax Act of 1966, was being considered, the Speaker, John W. 
McCormack, of Massachusetts, voted to make a quorum.(19)
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18. 112 Cong. Rec. 28254, 28255, 89th Cong. 2d Sess.
19. See also, for example, 89 Cong. Rec. 9478, 78th Cong. 1st Sess., 
        Nov. 13, 1943 (roll call); 89 Cong. Rec. 769, 78th Cong. 1st 
        Sess., Feb. 10, 1943 (count of the House); and 88 Cong. Rec. 
        9116, 9117, 77th Cong. 2d Sess., Nov. 24, 1942 (motion to 
        recommit).

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[[Page 3537]]

        The Speaker: The question is on agreeing to the conference 
    report.
        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 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.

Sec. 3.8 The Speaker ordered the tally clerk to record as present a 
    Member whom he observed on the floor although that Member had not 
    responded to his name during a call of the House.

    On the legislative day of Oct. 8, 1968,(20~) Speaker 
John W. McCormack, of Massachusetts, ordered the name of a Member, 
Ogden R. Reid, of New York, to be recorded as present.
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20. 114 Cong. Rec. 30102, 30103, 30209, 90th Cong. 2d Sess., Oct. 9, 
        1968 (Calendar Day).
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                             Call of the House

        Mr. [Fletcher] Thompson of Georgia: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. [Carl] Albert [of Oklahoma]: 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: The Clerk will call the name of the gentleman from 
    New York [Mr. Reid].
        The Clerk: Mr. Reid of New York.
        The Speaker: The Chair observes the gentleman from New York 
    [Mr. Reid] present, and directs that he be recorded as present.
        On this roll call 218 Members have answered to their names, a 
    quorum.

Sec. 3.9 Under Rule XV clause 4 (1) the Speaker has the 
    authority to note the names of Members present but not voting to 
    establish a quorum and decide the pending question.
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 1. See House Rules and Manual Sec. 773 (1979).
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    As an exercise of this authority, the Speaker, after observing the 
presence of two Members who had not been recorded on an automatic

[[Page 3538]]

roll call being conducted under Rule XV clause 4, directed the Clerk to 
call their names, and, when one Member did not respond, directed the 
Clerk to record him ``present'' in order to establish a quorum and pass 
a joint resolution.
    On Dec. 31, 1970,(2) Speaker John W. McCormack, of 
Massachusetts, observing Members on the floor who did not respond to 
the roll call, ordered the Clerk to call their names.
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 2. 116 Cong. Rec. 44302, 91st Cong. 2d Sess. Under consideration was 
        H.J. Res. 1421, making further continuing appropriations for 
        fiscal 1971.
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        The Speaker: The question is on the passage of the joint 
    resolution.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [Sidney R.] Yates [of Illinois]: 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 Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll. . . .
        The Speaker: The Chair observes that the gentleman from 
    Wisconsin (Mr. Kastenmeier) is present in the Chamber, and directs 
    the Clerk to call his name.
        Does the gentleman desire to vote? Otherwise, the Clerk will 
    record the gentleman as ``present.''
        Mr. [Robert W.] Kastenmeier: Mr. Speaker, I vote ``nay.''
        The Speaker: The gentleman from Wisconsin votes ``nay.''
        The Chair observes the gentleman from Michigan (Mr. Conyers) is 
    present in the Chamber, and directs the Clerk to call his name.
        Does the gentleman desire to vote? Otherwise, the Clerk will 
    record the gentleman as ``present.''
        Mr. Yates: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The Chair will state that the Chair is about to 
    announce the vote.
        One hundred and eighty Members voting in the affirmative, 37 
    Members in the negative, and one ``present,'' and the Chair being 
    present, making a quorum, the joint resolution is passed.

Who Is Not Counted

Sec. 3.10 In counting for a quorum the Chair may not count Members in 
    the cloakrooms out of sight.

    On Feb. 15, 1950,(3) Speaker Sam Rayburn, of Texas, 
responded to an inquiry with respect to counting Members in the 
cloakrooms.(~4~)
---------------------------------------------------------------------------
 3. 96 Cong. Rec. 1810, 1811, 81st Cong. 2d Sess.
 4. See also 96 Cong. Rec. 3065, 81st Cong. 2d Sess., Mar. 8, 1950. And 
        see 4 Hinds' Precedents Sec. 2970, a 1907 precedent in which 
        the Chairman of the Committee of the Whole counted ``the head 
        of every Member looking out of the cloakrooms that is 
        visible,'' and 8 Cannon's Precedents Sec. 3120, a 1921 
        precedent in which the Speaker pro tempore, after ruling that 
        the Hall of the House included cloakrooms and lobbies adjacent 
        to the Chamber, counted 11 Members who had left the Chamber 
        after the order for a yea and nay vote on a motion to recommit.

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[[Page 3539]]

        Mr. [Anthony] Cavalcante [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Cavalcante: Under the rules of the House, are the 
    cloakrooms a part of the Hall of the House?
        The Speaker: The Chair cannot count any Members that he cannot 
    see.
        The Chair will count. [After counting.] Evidently there is no 
    quorum present.

Sec. 3.11 After announcing that there was one short of a quorum, the 
    Speaker refused to count a Member who entered the Chamber after the 
    announcement.

    On Dec. 16, 1943,(5) Speaker Sam Rayburn, of Texas, 
refused to count a Member who entered the Chamber subsequent to 
announcement of the result of a roll call.
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 5. 89 Cong. Rec. 10776, 78th Cong. 1st Sess.
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        The Speaker: . . . The question is on the motion offered by the 
    gentleman from New Mexico that the House recede and concur in the 
    Senate amendment.
        The question was taken; and the Chair being in doubt, the House 
    divided, and there were--ayes 131, noes 63.
        Mr. [Clarence] Cannon of Missouri: Mr. Speaker, I ask for the 
    yeas and nays.
        The yeas and nays were refused.
        Mr. Cannon of Missouri: Mr. Speaker, I make the point of order 
    that a quorum is not present and object to the vote on that ground.
        The Speaker: The Chair will count.
        Mr. Cannon of Missouri: On the announcement of the vote, it 
    appeared that only 194 had voted--22 less than a quorum.
        The Speaker: The gentleman from Missouri must understand that 
    some Members in the House may not have voted. The Chair thinks he 
    must count. [After counting.] Two hundred and fifteen Members are 
    present, lacking one of being a quorum.
        Mr. [Earl R.] Lewis [of Ohio]: Mr. Speaker, I came in while the 
    Chair was announcing the result of the count.
        The Speaker: The Chair had announced that a quorum was not 
    present. Gentlemen coming in after the announcement was made cannot 
    be counted.

Sec. 3.12 A Member may not be recorded on a roll call 
    after the result of the Vote 
    has been announced, even though he could have qualified prior to 
    the announcement.

    On Mar. 29, 1962,(6) Speaker John W. McCormack, of Massa
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 6. 108 Cong. Rec. 5438, 87th Cong. 2d Sess.
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[[Page 3540]]

chusetts, refused to permit a Member's vote to be recorded after 
announcement of the result.

                           Personal Announcement

        Mr. [Carroll D.] Kearns [of Pennsylvania]: Mr. Speaker, I was 
    standing behind the rail eulogizing our great Speaker after Drew 
    Pearson's article about him. I was here and qualify and vote ``no'' 
    on the last vote [Roll No. 52].(7)
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 7. See 108 Cong. Rec. 5432, 5433, 87th Cong. 2d Sess., for this roll 
        call.
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        The Speaker: The Chair regrets that the gentleman cannot be 
    recorded after the vote has been announced. The gentleman can state 
    for the Record that he would have voted ``no.''

Sec. 3.13 A Member failing to respond on a quorum call may not have 
    himself recorded as present on that call if the House has already 
    agreed to a motion to dispense with further proceedings under the 
    call.

    On Apr. 3, 1935,(8) the Speaker pro tempore, John E. 
Rankin, of Mississippi, made a ruling regarding a Member who arrived 
after the House had agreed to a motion to dispense with further 
proceedings under the call.
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 8. 79 Cong. Rec. 4925, 74th Cong. 1st Sess.
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        The Speaker Pro Tempore: Three hundred and forty-four Members 
    have answered to their names, a quorum.
        Mr. [Edward T.] Taylor of Colorado: Mr. Speaker, I move to 
    dispense with further proceedings under the call.
        The motion was agreed to.
        The doors were opened.
        Mr. [John J.] McSwain [of South Carolina]: Mr. Speaker, I was 
    present and did not hear my name called. I desire to have my name 
    called and to answer ``present.''
        The Speaker Pro Tempore: The request of the gentleman comes too 
    late, but the Record will show that he is here. The gentleman from 
    Texas is recognized for 1 hour.

Quorum Established on Teller Vote

Sec. 3.14 After the Chairman of the Committee of the Whole announced 
    that a quorum was not present, a quorum was established on a teller 
    vote rejecting a motion that the Committee rise.

    On Feb. 28, 1945,(9) during consideration in Committee 
of the Whole of H.R. 2374, the first defense appropriation bill of 
1945, a quorum was established on a teller vote.
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 9. 91 Cong. Rec. 1576, 1577, 79th Cong. 1st Sess.
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        Mr. [Francis H.] Case of South Dakota: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: (10) The Chair will count. [After 
    counting.] Fifty-eight Members are present, not a quorum.
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10. John J. Sparkman (Ala.).
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[[Page 3541]]

        Mr. [Clarence] Cannon of Missouri: Mr. Chairman, I move that 
    the Committee do now rise.
        The Chairman: The question is on the motion offered by the 
    gentleman from Missouri.
        The question was taken; and on a division (demanded by Mr. 
    Cannon of Missouri) there were--ayes 27, noes 52.
        Mr. Cannon of Missouri: Mr. Chairman, I demand tellers.
        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Cannon of Missouri and Mr. Taber.
        The Committee again divided; and the tellers reported that 
    there were--ayes 57, noes 61.
        So the motion was rejected.
        The Chairman: A quorum is present. The gentleman from New York 
    is recognized.

    Parliamentarian's Note: A quorum of the Committee of the Whole is 
not required to adopt a motion to rise but here was required on 
rejecting the motion, in order that the Committee could proceed with 
business.

Verification of Chair's Count by Tellers Not Permitted

Sec. 3.15 In recent practice, the Chair has refused to recognize a 
    demand for tellers to verify his count of a quorum.

    On May 20, 1949,(11) during consideration of H.R. 4591, 
providing for pay, allowances, and physical disability retirement for 
members of the armed forces, the Chair (12) refused to 
appoint tellers.
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11. 95 Cong. Rec. 6556, 81st Cong. 1st Sess.
12. Oren Harris (Ark.).
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        Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: The Chair will count. [After counting.] One 
    hundred and five Members are present, a quorum.
        Mr. [Carl] Vinson [of Georgia]: Mr. Chairman, I demand tellers.
        The Chairman: The gentleman from Georgia has demanded tellers. 
    The gentleman from Wisconsin made the point of order that a quorum 
    was not present. The Chair counted 105 Members present. At this 
    time there is no question before the House on which tellers can be 
    ordered.

        Mr. Vinson: Mr. Chairman, I make the point of order that a 
    quorum is not present.
        The Chairman: The Chair will count. [After counting.] One 
    hundred and fourteen Members are present, a quorum.

Corrections of Quorum Calls

Sec. 3.16 Where a quorum is established by a call of the roll, the 
    omission of the name of a Member who was present and responded when 
    he was called, can be corrected by unanimous consent of the House 
    but not by an insertion in the Record.

[[Page 3542]]

    On June 28, 1966,(13~) a Member, Lawrence H. Fountain, 
of North Carolina, extended his remarks to correct the Journal and 
Record.
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13. Cong. Rec. (daily ed.), 89th Cong. 2d Sess. [The proceedings appear 
        in the daily edition only, not in the permanent edition.]
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        (Mr. Fountain (at the request of Mr. Patten) was granted 
    permission to extend his remarks at this point in the Record and to 
    include extraneous matter.)
        Mr. Fountain: Mr. Speaker, the Record of yesterday's rollcall 
    No. 153 has me recorded as being absent. I was present and so 
    answered to my name. I ask unanimous consent that the Journal be so 
    corrected.
        I ask unanimous consent that the Congressional Record of June 
    27, 1966, be corrected, in that, on rollcall No. 153 I am recorded 
    as absent. I was present and so answered to my name.

    On June 29, 1966,(14) Mr. Fountain asked unanimous 
consent to correct the Journal and Record.
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14. Cong. Rec. (daily ed.), 89th Cong. 2d Sess. [The proceedings appear 
        in the daily edition only, not in the permanent edition.]
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        Mr. Fountain: Mr. Speaker, on rollcall No. 153, a quorum call, 
    on June 27, 1966, I am recorded as being absent. I was present in 
    the Chamber and answered to my name. I ask unanimous consent that 
    the Journal and permanent Record be corrected accordingly.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from North Carolina?
        There was no objection.

    Parliamentarian's Note: Insertion of remarks in the Record, by 
unanimous consent, reciting an error in a quorum call, does not 
constitute consent of the House to effect a change of the Record or 
Journal.

Sec. 3.17 The correction of a roll call, by unanimous consent, is 
    ``business'' of the House.

    On Oct. 8, 1968,(15) Speaker pro tempore Carl Albert, of 
Oklahoma, determined that a correction of a roll call by unanimous 
consent constitutes ``business'' of the House.(1)~
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15. 114 Cong. Rec. 30224, 90th Cong. 2d Sess.
 1. Parliamentarian's Note: The request to correct the roll call (the 
        bracketed excerpt) by a Member [Sidney R. Yates (Ill.)] 
        appeared in the daily edition of the Record [Cong. Rec. (daily 
        ed.), 90th Cong. 2d Sess.] but does not appear in the permanent 
        edition which carried the roll call as corrected.
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        [Mr. Yates: Mr. Speaker, on rollcall No. 379, which took place 
    early this morning, a quorum call, I am recorded as absent. I was 
    present and answered to my name. I ask unanimous consent that the 
    permanent Record be corrected accordingly.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Illinois?
        There was no objection.]

[[Page 3543]]

                             Call of the House

        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker Pro Tempore: The gentleman from Ohio makes the 
    point of order that a quorum is not present.
        Mr. [Brock] Adams [of Washington]: A point of order, Mr. 
    Speaker. There has been no intervening business since the rollcall 
    on the resolution which indicated a quorum.
        The Speaker Pro Tempore: The Chair will state that the 
    gentleman is in error, since we have had a correction of a 
    rollcall.
        The gentleman from Ohio makes the point of order that a quorum 
    is not present. Evidently a quorum is not present.
        Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Speaker, I move a call 
    of the House.
        A call of the House was ordered.

Chair's Responsibility to Count all Members

Sec. 3.18 Instance where the Speaker recounted the House where Members 
    were missed on the first count. After the Speaker announced the 
    absence of a quorum, he counted the House again, on the statement 
    of a Member that more Members had entered the Chamber during the 
    first count, thus establishing a quorum.

    On May 23, 1939,(2) Speaker William B. Bankhead, of 
Alabama, recounted the House after being advised that a quorum was 
present.
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 2. 84 Cong. Rec. 6004, 76th Cong. 1st Sess.
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        Mr. [Charles R.] Clason [of Massachusetts]: Mr. Speaker, I make 
    the point of order there is not a quorum present.
        The Speaker: The gentleman from Massachusetts makes the point 
    of order that there is no quorum present. The Chair will count. 
    [After counting.] Two hundred and thirteen Members are present, not 
    a quorum.
        Mr. Clason and Mr. Woodrum of Virginia rose.

        Mr. Clason: Mr. Speaker, I withdraw the point of order in view 
    of the large number that are present.
        The Speaker: Under the circumstances, the Chair is not 
    authorized to recognize the gentleman inasmuch as the Chair had 
    already announced no quorum present. A constitutional question is 
    raised.
        Mr. [Clifton A.] Woodrum of Virginia: Mr. Speaker, five or six 
    more came in over here.
        The Speaker: Were these gentlemen here present when the Chair 
    was counting?
        Were the gentlemen in the rear of the hall who are holding up 
    their hands not present when the Chair counted a moment ago?
        The Chair will count the present membership again. [After 
    counting.] Two hundred and twenty-seven Members are present, a 
    quorum.

[[Page 3544]]

Senate Precedent

Sec. 3.19 To decide whether one-fifth of the Senators have seconded a 
    demand for the yeas and nays, the Chair may assume that a quorum is 
    present using as a basis for his determination the number who 
    answered to their names on the last roll call.

    On May 8, 1936,(3) during consideration of H.R. 12527, 
the Navy appropriation bill, the Presiding Officer, Kenneth D. 
McKellar, of Tennessee, ruled on a request for the yeas and nays.
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 3. 80 Cong. Rec. 6901, 6902, 74th Cong. 2d Sess.
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        The Presiding Officer: The Senator from North Dakota asks for 
    the yeas and nays on the adoption of the amendment.
        The yeas and nays were not ordered.
        The Presiding Officer: The question is upon agreeing to the 
    amendment.
        Mr. [Elmer A.] Benson [of Minnesota] obtained the floor.
        Mr. [David I.] Walsh [of Massachusetts]: Mr. President, what 
    was the ruling on the request for the yeas and nays?
        Mr. [Lynn J.] Frazier [of North Dakota]: That is what I wish to 
    know.
        The Presiding Officer: The ruling was that the yeas and nays 
    were not ordered, as only five Members held up their hands.
        Mr. Frazier: That is more than one-fifth of those present.
        Mr. Walsh: I suggest that the request be resubmitted, and I am 
    sure it will be granted.
        Mr. Frazier: I appeal from the ruling of the Chair, because 
    five Members held up their hands, and I believe that is more than 
    one-fifth of the number present.
        The Presiding Officer: Of course, the Chair assumes that a 
    quorum is present.
        Mr. [Tom T.] Connally [of Texas]: Mr. President, a point of 
    order.
        The Presiding Officer: The Senator will state it.
        Mr. Connally: I submit that five is not one-fifth of those 
    present, because presumptively there is a quorum present.
        The Presiding Officer: The Senator is correct about that.
        Mr. Connally: Therefore, since 5 is not 20 percent of 49, the 
    call of the yeas and nays is not in order.
        Mr. [Charles L.] McNary [of Oregon]: Mr. President, no 
    presumption whatsoever is indulged in a case of this kind.
        The Presiding Officer: The present occupant of the chair is 
    advised by the parliamentarian that it is.
        Mr. McNary: I disagree with the parliamentarian. That is not 
    correct practice and it has never been followed. The number 
    necessary to order the yeas and nays is one-fifth of those present, 
    and it is the duty of the Chair to count the number present.
        The Presiding Officer: The Chair will state that the custom has 
    been to go back to the last roll call. On the last roll call 69 
    Senators were present, and 5 is not one-fifth of 69; so the ruling 
    of the Chair will stand.

[[Page 3545]]

        Mr. Connally: On the point of order that there must be a demand 
    by one-fifth of those present in order to secure a yea and nay 
    vote, I desire to set down in the Record my own view, without 
    speaking for anyone other than myself.
        I state as a matter of fundamental parliamentary law, whether 
    there is any rule on the question or not, that the presumption 
    always exists that there is a quorum present in the Senate unless a 
    point of no quorum is made and the Senate by having the roll call 
    determines that there is not a quorum present. Therefore, when a 
    demand is made for the yeas and nays, unless one fifth of the 
    presumptive quorum present hold up their hands, the Chair is under 
    no compulsion to order the roll called for a yea and nay vote.
        The Presiding Officer: The Chair has so held.

    Parliamentarian's Note: In the House, the Speaker counts the House 
anew after counting those standing to demand the yeas and nays.