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


[Page 3548-3566]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 5. Securing Attendance; Arrests

    The attendance of absent Members may be secured under Rule

[[Page 3549]]

XV clause 4,(6) which provides for an ``automatic'' vote by 
yeas and nays and for the arrest of absent Members by the Sergeant at 
Arms. Under this rule the Sergeant at Arms forthwith proceeds to bring 
in absent Members, whenever a quorum fails to vote, a quorum is not 
present, and objection is made for that cause. Each Member arrested is 
brought by the Sergeant at Arms before the House, discharged from 
arrest, and given an opportunity to vote; his vote is recorded.
---------------------------------------------------------------------------
 6. House Rules and Manual Sec. 773 (1979).
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    Presence of Members may also be secured under Rule XV clause 
2(a),(7) which, in the absence of a quorum, authorizes 15 
Members by majority vote (8) to approve a motion to compel 
the attendance of absent Members and a majority of those present may 
then order officers appointed by the Sergeant at Arms to send for and 
arrest absentees for whom no excuse is made. Members whose attendance 
has been secured in this manner are detained until discharged on 
conditions determined by the House.
---------------------------------------------------------------------------
 7. House Rules and Manual Sec. 768 (1979). Beginning with the 95th 
        Congress, this clause must be read in conjunction with the new 
        clause 6(e)(2) of this rule, which permits the Speaker to 
        recognize for a motion for a call of the House at any time.
 8. See annotation to Rule XV clause 2(a), House Rules and Manual 
        Sec. Sec. 768, 769 (1979); and 4 Hinds' Precedents Sec. 2984, 
        which provide that because the call of the House must be 
        ordered by majority vote, a minority of 15 will not suffice.
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    The Speaker (9) or Speaker pro tempore,(10) 
under authority of the order of the House, signs warrants for arrest of 
absent Members.                          -------------------

In General

Sec. 5.1 During a filibuster by roll calls in the House, the Speaker 
    declined to recognize a Member for a motion that the Sergeant at 
    Arms take whatever action necessary to keep a quorum present in the 
    Chamber for the remainder of the day.

    On Aug. 1, 1946,(11) Speaker Sam Rayburn, of Texas, 
declined to recognize a Member for a motion during the reading of a 
resolution relating to contempt proceedings against George Marshall.

        Mr. [William C.] Cole of Missouri: Mr. Speaker, a parliamentary 
    inquiry.

[[Page 3550]]

        The Speaker: The gentleman will state it.
        Mr. Cole of Missouri: Mr. Speaker, is it in order to make a 
    motion that the Sergeant at Arms take whatever action is necessary 
    to keep a quorum present in the House Chamber for the remainder of 
    today, any House rules to the contrary notwithstanding? If it is, I 
    would like to make that motion.
---------------------------------------------------------------------------
 9. See Rule I clause 4, House Rules and Manual Sec. Sec. 624, 626 
        (1979).
10. See Sec. 5.12, infra.
11. 92 Cong. Rec. 10639, 79th Cong. 2d Sess.
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        The Speaker: The Chair would rather not recognize the gentleman 
    for such motion at this time.
        Mr. Cole of Missouri: Mr. Speaker, a further parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Cole of Missouri: Mr. Speaker, when would that motion be in 
    order?
        The Speaker: Well, the Chair would like to be the judge of 
    that. Not now. The Clerk will continue reading.

    Parliamentarian's Note: Under Rule XV clause 2(a), the House may 
determine conditions upon which arrested absentees and others may be 
discharged, but only while the call of the House is in process.

Sec. 5.2 Where a quorum call is ordered, the doors may be closed and 
    the Sergeant at Arms called upon to notify absent Members.

    On June 5, 1946,(12) Speaker Sam Rayburn, of Texas, 
responded to a parliamentary inquiry as to procedure during a call of 
the House.
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12. 92 Cong. Rec. 6353, 6354, 79th Cong. 2d Sess. Under the modern 
        practice (beginning with the 93d Congress), doors are closed 
        only on order of the Speaker.
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        Mr. [Howard W.] 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. . . .
        The House has ordered a call of the House. A roll call is in 
    order, and the Clerk will call the roll.
        Mr. [Earl C.] Michener [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Michener: Is this the situation, that a quorum was not 
    present when last reported; that the doors are locked and the 
    Sergeant at Arms is out notifying absent Members?
        The Speaker: That is correct. The Clerk will call the roll.

Sec. 5.3 Where the House in the absence of a quorum and pursuant to 
    motion had ordered ``that those who are

[[Page 3551]]

    not present be sent for wherever they are found and returned here 
    on the condition that they shall not be allowed to leave the 
    Chamber until such time as the pending business before this Chamber 
    on this legislative day shall have been completed,'' the Chair 
    interpreted the motion as requiring the Sergeant at Arms to notify 
    absentees but not as bestowing on him the duty or authority of 
    arresting absentees and bringing them into the Chamber under 
    custody. The Chair stated that the motion had been adopted by, and 
    expressed the will of, the House, and, no timely point of order 
    having been raised against the motion due to lack of a quorum, was 
    binding on the Speaker and other Members.

    On Oct. 9, 1968,(13) Speaker John W. McCormack, of 
Massachusetts, responded to a series of parliamentary inquiries 
relating to a motion to locate absent Members.

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        Mr. [Brock] Adams [of Washington]: Mr. Speaker, as a part of 
    the motion of a call of the House, I further move under rule 
    II,(14) under which a call of the House is in order, 
    that a motion be made for the majority here that those who are not 
    present be sent for wherever they are found and returned here on 
    the condition that they shall not be allowed to leave the Chamber 
    until such time as the pending business before this Chamber on this 
    legislative day shall have been completed.
---------------------------------------------------------------------------
13. 114 Cong. Rec. 30212-14, 90th Cong. 2d Sess. Legislative day of 
        Oct. 8, 1968.
14. Parliamentarian's Note: The provisions referred to appear in Rule 
        XV clause 2(a), House Rules and Manual Sec. 768 (1979).
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        The Speaker: The question is on the motion offered by the 
    gentleman from Washington [Mr. Adams].
        The motion was agreed to. . . .
        Mr. [Elford A.] Cederberg [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman from Michigan will state his 
    parliamentary inquiry.
        Mr. Cederberg: Mr. Speaker, yesterday my wife underwent major 
    surgery and she is in the hospital at the present time. I have been 
    going back and forth to the hospital to see her. I have missed 
    several quorum calls during this period of time.
        Do I have to get unanimous consent from this body to return 
    back to the hospital when I would probably be going back within the 
    next hour or two?
        The Speaker: The Chair will state to the gentleman from 
    Michigan that if the gentleman will consult with the Speaker, 
    certainly, we are all sorry to

[[Page 3552]]

    hear about the condition of the gentleman's dear wife and the 
    Speaker will recognize that first things come first and that one 
    belongs with his loved ones.
        Mr. Cederberg: I thank the Speaker.
        Mr. [L. Mendel] Rivers [of South Carolina]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman from South Carolina will state his 
    parliamentary inquiry.
        Mr. Rivers: Mr. Speaker, we have taken the unusual step of 
    sending for absent Members. Even though a quorum is present, my 
    parliamentary inquiry is this: In construing the motion pursuant to 
    the rules of the House, will the absent Members be merely notified 
    or will they be sent for by a marshal or will they be placed under 
    arrest or how will they be returned?
        The Speaker: The Chair will state to the gentleman from South 
    Carolina that they will be notified by the Sergeant at Arms.
        Mr. Rivers: Will they come in on their own or will someone in 
    authority bring them in?
        The Speaker: The Chair has announced that they will be notified 
    by the Sergeant at Arms. Certainly, there is no wording contained 
    in the motion to bring about the attempted custody of any Member.
        Mr. [James G.] Fulton of Pennsylvania: Mr. Speaker, a 
    parliamentary inquiry.

        The Speaker: The gentleman from Pennsylvania will state his 
    parliamentary inquiry.
        Mr. Fulton of Pennsylvania: Mr. Speaker, in our Pennsylvania 
    delegation we have one Member, Mr. John Saylor, who has leave of 
    absence from this Chamber for 2 days and who is at the present time 
    on board a naval ship.
        Does this motion apply to a person with such a leave of 
    absence?
        The Speaker: The gentleman is making a serious inquiry about 
    Members away on important duty.
        The Chair will state that the motion calls for the notification 
    and the sending for Members. The Chair construes that as meaning to 
    notify the Members to return. The Chair has already in response to 
    another parliamentary inquiry propounded by the gentleman from 
    South Carolina clearly stated that it does not call for bringing 
    them back in custody.
        Mr. Fulton of Pennsylvania: One further parliamentary inquiry 
    on the enforcement of the motion: Is it not within the full 
    discretion of the Chair as to what methods and means shall be used 
    to notify or to arrest or to bring in Members and that that full 
    discretion still lies within the Chair? So, unless there is an 
    order by the Chair as to the method, the motion simply represents a 
    notification to the Members to return because insofar as I know the 
    Chair has made no ruling as to the arrest or as to bringing the 
    Members back in custody.
        The Speaker: The gentleman is the only one who has used the 
    word ``arrest.'' The Chair used the word ``custody.'' The Chair 
    does not construe that that is a part of the motion, and the Chair 
    has construed that motion to mean that it is the sense of the 
    majority of the House that the Sergeant at Arms do come up with the 
    Members that are not present and to do every

[[Page 3553]]

    thing he can within the limitation of the motion to assure their 
    presence.

Procedures Available When a Quorum Fails to Appear on a Call of the 
    House or on Automatic Vote by Yeas and Nays

Sec. 5.4 If a quorum fails to develop on an automatic vote by yeas and 
    nays under Rule XV clause 4 (15) the House may decide to 
    adjourn, or, in the absence of such motion, the Speaker may sign 
    warrants for the Sergeant at Arms to bring in absentees.
---------------------------------------------------------------------------
15. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Oct. 18, 1966,(16) Speaker John W. McCormack, of 
Massachusetts, stated the procedures available when a quorum does not 
appear.
---------------------------------------------------------------------------
16. 111 Cong. Rec. 27513, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Charles L.] Weltner [of Georgia]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Weltner: Mr. Speaker, in the event that the result of the 
    vote is announced and it appears that less than a quorum, or less 
    than 218 Members, have voted, and unanimous consent is not given to 
    dispense with further proceedings under the call, am I correct in 
    understanding that the Sergeant at Arms will then be under an 
    obligation to produce the nonvoting Members?
        The Speaker: The Chair will state, in response to the inquiry, 
    that if a quorum is not present one of two alternatives remain; 
    one, to adjourn the House, and the other, to instruct the Sergeant 
    at Arms.
        The Chair wants to state, frankly, the Chair would not instruct 
    the Sergeant at Arms.

Sec. 5.5 Where a quorum fails to develop following a motion for a call 
    of the House, the House has only two alternatives: a motion to 
    adjourn or a motion to instruct the Sergeant at Arms to secure the 
    attendance of absentees.

    On Oct. 14, 1969,(17) Speaker John W. McCormack, of 
Massachusetts, answered inquiries regarding procedural alternatives 
available when a quorum fails to appear. Those proceedings are reported 
elsewhere in this chapter.(18)
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17. 115 Cong. Rec. 30054, 30055, 91st Cong. 1st Sess.
18. See Sec. 10.12, infra.
---------------------------------------------------------------------------

Sec. 5.6 If a quorum fails to materialize on a call of the House under 
    Rule XV clause 2(a),(19) a motion to arrest absentees 
    and bring them into the Chamber is in order.
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19. See House Rules and Manual Sec. 768 (1979).
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[[Page 3554]]

    On the legislative day of Oct. 8, 1968,(20) Speaker John 
W. McCormack, of Massachusetts, answered an inquiry regarding a 
possible motion to arrest absentees.
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20. 114 Cong. Rec. 30101, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar 
        Day).
---------------------------------------------------------------------------

        Mr. [Roman C.] Pucinski [of Illinois]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Pucinski: Mr. Speaker, we have had, in the last 12 hours, 
    23 quorum calls. My parliamentary inquiry is this: In the event 
    that a quorum does not respond on one of these quorum calls, is it 
    then in order to make a motion to arrest the absent Members and 
    bring them down here?
        The Speaker: Such a motion would be in order if a quorum is not 
    present.

Sec. 5.7 The Speaker indicated that if a motion to adjourn made during 
    a quorum call failed and a quorum failed to appear, a motion to 
    instruct the Sergeant at Arms to bring in absentees would be in 
    order.

    On Oct. 14, 1969,(1) when less than a quorum had 
appeared, Speaker John W. McCormack, of Massachusetts, answered 
inquiries regarding the proper time to instruct the Sergeant at Arms to 
bring in absentees.
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I would prefer 
    not to make this motion at this time, but in view of the 
    parliamentary situation, I move that the House do now adjourn.
        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, on that I 
    demand the yeas and nays.
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford: Mr. Speaker, if the motion to adjourn does 
    not prevail, and a quorum is not present what is the situation 
    then?
        The Speaker: The Chair will state that the House would continue 
    to proceed under the call of the House to establish a quorum.
        Mr. Gerald R. Ford: Mr. Speaker, a further parliamentary 
    inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford: Mr. Speaker, does that entail another 
    quorum call at that point?
        The Speaker: The Chair will state that we would be continuing 
    under the previous call, the call that was in existence prior to 
    the motion to adjourn.
        Mr. Yates: 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?
        The Speaker: The Chair will state that if the House fails to 
    adjourn, a motion to that effect would be in order.

Sec. 5.8 If a quorum fails to answer on a call of the House under Rule 
    XV clause 2(a),(2)
---------------------------------------------------------------------------
 2. See House Rules and Manual Sec. 768 (1979).
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[[Page 3555]]

    (1) the Sergeant at Arms may be directed by the Speaker to locate 
    absentees and inform them that a quorum call is in progress or (2) 
    a majority of those present [a minimum of 15 is required under the 
    rule] and voting in the affirmative may order the Sergeant at Arms 
    to compel the attendance of absentees.

    On the legislative day of Oct. 8, 1968,(3) Speaker John 
W. McCormack, of Massachusetts, stated procedures necessary to direct 
the Sergeant at Arms to locate absentees and compel attendance.
---------------------------------------------------------------------------
 3. 114 Cong. Rec. 30210, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar 
        Day).
---------------------------------------------------------------------------

        Mr. [Brock] Adams [of Washington]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman from Washington will state his 
    parliamentary inquiry.
        Mr. Adams: Mr. Speaker, in the event a quorum is not present is 
    it the situation under rule XV of the House that the first 
    alternative that applies is that the Speaker of the House may sit 
    during such period of time as the Sergeant at Arms shall search the 
    premises in the nearby area on the request of the Speaker in order 
    to provide a quorum? Is that the first situation that applies in 
    the event a quorum is not present?
        The Speaker: The statement as generally made by the gentleman 
    is correct.
        Mr. Adams: Now, Mr. Speaker, the second alternative is this: In 
    the event that a quorum is not present after the efforts of the 
    Speaker to obtain Members from the nearby areas and through 
    whatever means he wishes to pursue while he is sitting in the chair 
    and the call is proceeding that the next alternative then is a 
    motion supported by 15 Members of the House to have a warrant 
    issued for attendance in the House and after that warrant is issued 
    and this motion is passed and the doors are locked and Members are 
    brought to the floor, then under the instructions of the Speaker 
    they may be detained on the floor throughout the quorum and remain 
    present for the transaction of business? Is that the second 
    alternative, Mr. Speaker?
        The Speaker: The Chair does not wish to take this matter into 
    consideration in the nature of an alternative, but the Chair would 
    state that such procedures are carried out requiring the presence 
    of Members. Is that what the gentleman has in mind?
        Mr. Adams: Would it be in order at that time for a motion of 
    that type to be made?
        The Speaker: That would depend upon the action of the House.
        Mr. Adams: I am asking, Mr. Speaker, if such a motion by 15 
    Members would be in order at that time.
        The Speaker: The Chair has difficulty in following the 
    gentleman when he says ``a motion by 15 Members.''
        Mr. Adams: I refer The Speaker to part 2 of rule XV which reads 
    as follows:
        In the absence of a quorum, fifteen Members, including The 
    Speaker, if there is one----

[[Page 3556]]

        The Speaker: There is one now.
        Mr. Adams: I appreciate that fact, Mr. Speaker, but in the 
    event that you wished--
        shall be authorized to compel the attendance of absent Members, 
        and in all calls of the House the doors shall be closed, the 
        names of the Members shall be called by the Clerk, and the 
        absentees noted; and those for whom no sufficient excuse is 
        made may, by order of a majority of those present, be sent for 
        and arrested, wherever they may be found, by officers to be 
        appointed by the Sergeant-at-Arms for that purpose, and their 
        attendance secured and retained; and the House shall determine 
        upon what condition they shall be discharged.

        Mr. Speaker, that is my inquiry in the event that this should 
    continue and a quorum should not be present, if that is important.
        The Speaker: The Chair will state that such action could only 
    be taken by a majority of the Members present and voting.
        The Chair will state further in reply to the inquiry of the 
    gentleman from Washington that the gentleman has made reference to 
    15 Members, and that situation does not apply at this time.
        Mr. Adams: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Adams: In other words, Mr. Speaker, a motion then by a 
    Member present to carry out this procedure would be sufficient if a 
    quorum were not present, under the circumstances as they exist in 
    the House?
        The Speaker: The Chair will state that it would take a majority 
    of the Members if there were only 15 present.
        Mr. Adams: If a motion is made in the body as it sits now, that 
    motion could be made by any individual Member, and if a majority of 
    those present in the Chamber were to vote in favor of that motion, 
    then the procedure would start at that point?
        That is my parliamentary inquiry.
        The Speaker: The Chair will state that has already been stated 
    by the Chair, it requires a majority of the Members present if such 
    a motion were to be made. It would require a majority of the 
    Members present, and voting thereon.

    Parliamentarian's Note: The Speaker misstated the requirement for 
15 Members' ordering the attendance of absentees in the situation where 
only 15 Members were on the floor. The precedents indicate that there 
must be at least 15 affirmative votes to order the attendance of 
absentees. See 4 Hinds' Precedents Sec. Sec. 2983, 2984.

Sec. 5.9 Under Rule XV clause 2(a),(4) a motion that the 
    Sergeant at Arms procure the attendance of absentees is in order 
    and unless directed by such a motion, the Sergeant at Arms has no 
    authority to compel attendance.
---------------------------------------------------------------------------
 4. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

    On the legislative day of Oct. 8, 1968,(5) Speaker John 
W. McCor
---------------------------------------------------------------------------
 5. 114 Cong. Rec. 30212, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar 
        Day).
---------------------------------------------------------------------------

[[Page 3557]]

mack, of Massachusetts, stated procedures for procuring attendance of 
absent Members.

        The Speaker: On this rollcall, 220 Members have answered to 
    their names, a quorum. If there is no objection, further 
    proceedings under the call will be dispensed with.

        Mr. [Brock] Adams [of Washington]: Mr. Speaker, reserving the 
    right to object, under the reservation of the right to object, I 
    want to inquire whether, if objection is made to dispensing with 
    the call, under rule XV, paragraph 2, the automatic effect of that 
    is that the Members shall be called by the Clerk and the absentees 
    noted, and those for whom no sufficient excuse is made may, by the 
    order of the majority present, be sent for and arrested wherever 
    they may be found?
        I am inquiring as part of my reservation, whether or not a 
    quorum may be present, if proceedings under the call are not 
    dispensed with, that thereafter the Speaker has the power for those 
    who are absent from the body tonight, to have them first contacted 
    to be brought here and, if they do not appear, to have the Sergeant 
    at Arms go and obtain them, without any further proceeding?
        The Speaker: . . . It would require a motion or resolution to 
    be concurred in by a majority of the House.

    Parliamentarian's Note: See 4 Hinds' Precedents Sec. Sec. 2983, 
2984. To compel the attendance of absentees under this rule, there must 
be 15 affirmative votes, and those voting to compel attendance must be 
in the majority. (Thus, a 15-14 vote, or a 15-0 vote, would be 
sufficient.)

Sec. 5.10 Although the Speaker possesses authority to issue a warrant 
    of arrest for absent Members under an automatic roll call under 
    Rule XV clause 4, he usually does not do so without action of the 
    House during other proceedings incident to calls of the House under 
    Rule XV clause 2(a).

    On July 29, 1946,(6) in response to a parliamentary 
inquiry, following the failure of a quorum to vote on a yea and nay 
vote ordered under Rule XV clause 4, Speaker Sam Rayburn, of Texas, 
made a ruling regarding issuance of arrest warrants.
---------------------------------------------------------------------------
 6. 92 Cong. Rec. 10410, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin [of Mississippi]: Let us get this business 
    straightened out. If this motion were voted down it would be the 
    duty of the Speaker to issue writs of arrests for absent Members 
    and have them brought to the floor of the House until every Member 
    of the House was brought back or until further proceedings were 
    dispensed with.
        The Speaker: The Chair could issue a warrant because this is an 
    automatic roll call. Usually the Chair does not do that without 
    action of the House specifying that it be done.(7)
---------------------------------------------------------------------------
 7. Parliamentarian's Note: Rule I clause 4 [see House Rules and Manual 
        Sec. 624 (1979)] provides that the Speaker ``shall sign all . . 
        . warrants. . . .'' See 1 Hinds' Precedents Sec. 287 which 
        holds that the Speaker has authority to issue a warrant of 
        arrest only by order of the House. However, the order in that 
        case involved the arrest of the Clerk of the House as 
        distinguished from arrest of Members during an automatic call 
        of the House. Under Rule XV clause 4 [see House Rules and 
        Manual Sec. 773 (1979)] the House has adopted a standing rule 
        ordering the Sergeant at Arms to bring in absent Members during 
        the yea and nay vote. (But to actually make an arrest under 
        this rule the Sergeant at Arms must have in his possession a 
        warrant signed by the Speaker.)

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[[Page 3558]]

Sec. 5.11 A motion for the arrest of absentees is in the form of an 
    order to the Sergeant at Arms.

    On May 14, 1930,(8) a Member, Percy E. Quin, of 
Mississippi, offered the following motion:
---------------------------------------------------------------------------
 8. 72 Cong. Rec. 8962, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Quin: Mr. Speaker, I move that the Speaker instruct the 
    Sergeant at Arms to bring in the absent Members.
        The Speaker Pro Tempore: (~9) The gentleman from 
    Mississippi offers a motion, which the Clerk will report:
---------------------------------------------------------------------------
 9. John Q. Tilson (Conn.).
---------------------------------------------------------------------------

        The Clerk read as follows:
        Mr. Quin presents the following motion:

            Ordered, That the Sergeant at Arms take into custody and 
        bring to the bar of the House such Members as are absent 
        without leave.

Sec. 5.12 The Speaker pro tempore, pursuant to a motion adopted by the 
    House that the Sergeant at Arms take absent Members into custody, 
    signs warrants for the arrest of absent Members.

    On May 14, 1930,(10) the Speaker pro tempore, John Q. 
Tilson, of Connecticut, announced that he had signed warrants for the 
arrest of absent Members.
---------------------------------------------------------------------------
10. 72 Cong. Rec. 8962, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:
        Mr. [Percy E.] Quin [of Mississippi] presents the following 
    motion:

            Ordered, That the Sergeant at Arms take into custody . . . 
        such Members as are absent without leave.

        The Speaker Pro Tempore: The question is on the motion of the 
    gentleman from Mississippi.
        The question was taken; and on a division (demanded by Mr. 
    Stafford) there were 78 ayes and 55 noes.
        Mr. [William H.] Stafford [of Wisconsin]: Mr. Speaker, I demand 
    the yeas and nays.
        The Speaker Pro Tempore: The gentleman from Wisconsin demands 
    the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 122, nays 74, 
    answered ``present'' 4, not voting 227, as follows . . .

[[Page 3559]]

        The Speaker Pro Tempore: The Chair announces the fact that he 
    has signed the warrants to arrest the absent Members.

Procedure Available Following Refusal to Dispense With Further 
    Proceedings

Sec. 5.13 Where a motion to dispense with further proceedings under a 
    call for a quorum is rejected, the Members present remain in the 
    Chamber until the Sergeant at Arms brings in enough Members to make 
    a quorum or make the full membership.

    On July 29, 1946,(11) a motion to dispense with further 
proceedings under the call was rejected.
---------------------------------------------------------------------------
11. 92 Cong. Rec. 10409, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Rankin and Mr. Marcantonio moved 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: (12) On this roll call 240 Members have 
    answered to their names, a quorum.
---------------------------------------------------------------------------
12. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        If there is no objection, further proceedings under the call 
    will be dispensed with.
        Mr. [Frank E.] Hook [of Michigan]: Mr. Speaker, I object.
        Mr. [William C.] Cole of Missouri: Mr. Speaker, I object.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, I move that 
    further proceedings under the call be dispensed with. . . .
        Mr. Cole of Missouri: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Cole of Missouri: Should this motion be voted down and 
    should further proceedings under the call be not dispensed with 
    will the Chair please state the procedure to be followed then?
        The Speaker: We stay here until the Sergeant at Arms brings in 
    enough Members to make a quorum or to make the full membership.
        Mr. [Earl C.] Michener [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Michener: Would it not be the fact that if this motion were 
    voted down the House would find itself in a room that is supposed 
    to be locked and the Sergeant-at-Arms would be presumed to be out 
    notifying absentees?
        The Speaker: The gentleman is correct.

    Parliamentarian's Note: The Sergeant at Arms would not have the 
authority to arrest Members unless ordered by a majority of those 
voting; but he has inherent authority to notify absentees that they are 
needed to make a quorum.

Procedure Available Following Refusal to Adjourn

Sec. 5.14 The failure of a quorum to respond on a roll call vote

[[Page 3560]]

    (decided in the negative) on a motion to adjourn being conducted 
    under Rule XV clause 4,(13) would require the Sergeant 
    at Arms to arrest absent Members without further order of the 
    House.
---------------------------------------------------------------------------
13. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Apr. 15, 1970,(14) the Speaker pro tempore, Charles 
M. Price, of Illinois, explained the procedure for arresting absent 
Members.
---------------------------------------------------------------------------
14. 116 Cong. Rec. 11941, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Fletcher] Thompson of Georgia: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state his 
    parliamentary inquiry.
        Mr. Thompson of Georgia: Mr. Speaker, if there is no quorum 
    present, and there is a negative vote, what is the action of the 
    Chair?
        The Speaker Pro Tempore: The Chair will state that the action 
    of the Chair is to wait until a quorum appears.
        Mr. Thompson of Georgia: If no quorum appears, then what?
        The Speaker Pro Tempore: The Chair will state that if a quorum 
    does not appear, then the House operates under the automatic rule 
    that they would bring the Members in.
        Mr. Thompson of Georgia: Is a motion in order to go out and 
    arrest the Members and bring them in?
        The Speaker Pro Tempore: Under the rule, the Sergeant at Arms 
    would bring the Members in.

    Parliamentarian's Note: See Sec. 5.10, Supra, where the Speaker 
indicated that under an automatic vote by yeas and nays, the Chair must 
still sign warrants.

Senate Precedents

    The following precedents are carried as examples of Senate 
procedures in securing a quorum.

Sec. 5.15 The Senate directed its Sergeant at Arms to request 
    attendance of absent Senators and, failing to obtain a quorum by 
    this method, directed him to compel attendance of absentees.

    On Nov. 14, 1942,(15) the Senate Sergeant at Arms was 
directed to compel the attendance of absent Senators.
---------------------------------------------------------------------------
15. 88 Cong. Rec. 8838, 8839, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Vice President: (16) The Clerk will call the 
    roll.
---------------------------------------------------------------------------
16. Henry A. Wallace (Iowa).
---------------------------------------------------------------------------

        The Chief Clerk called the roll, and the following Senators 
    answered to their names: . . .
        The Presiding Officer: (17) Twenty-seven Senators 
    having answered to their names, there is not a quorum present. The 
    clerk will call the names of the absent Senators.
---------------------------------------------------------------------------
17. Joseph Rosier (W. Va.).
---------------------------------------------------------------------------

        The Chief Clerk called the names of the absent Senators.
        Mr. Thomas of Oklahoma, Mr. Lee, Mr. Langer, and Mr. Kilgore 
    entered

[[Page 3561]]

    the Chamber, and answered to their names.
        The Presiding Officer: Thirty-one Senators having answered to 
    their names, there is not a quorum present.
        Mr. [Alben W.] Barkley [of Kentucky]: I move that the Sergeant 
    at Arms be directed to request the attendance of absent Senators.
        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.
        After some delay, Mr. George, Mr. Gerry, Mr. Willis, Mr. 
    Bridges, Mr. Murdock, Mr. Danaher, Mr. Gurney, Mr. Maloney, Mr. 
    Schwartz, Mr. Ball, Mr. Taft, Mr. Lucas, and Mr. O'Mahoney entered 
    the Chamber and answered to their names.
        Mr. Barkley: Mr. President, under the previous motion made by 
    me to direct the Sergeant at Arms to request the attendance of 
    absent Senators, 44 Senators have appeared, 5 short of a quorum. I 
    now move that the Sergeant at Arms be directed to compel the 
    attendance of absent Senators.
        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.

Sec. 5.16 The Senate Sergeant at Arms is authorized to report to that 
    body when he has carried out its orders to compel attendance of 
    absent Senators.

    On Nov. 14, 1942,(18) the Sergeant at Arms reported to 
the Senate after carrying out orders to compel attendance.
---------------------------------------------------------------------------
18. 88 Cong. Rec. 8838, 8839, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Alben W.] Barkley [of Kentucky]: Mr. President, under the 
    previous motion made by me to direct the Sergeant at Arms to 
    request the attendance of absent Senators, 44 Senators have 
    appeared, 5 short of a quorum. I now move that the Sergeant at Arms 
    be directed to compel the attendance of absent Senators.
        The motion was agreed to.
        The Presiding Officer [Joseph Rosier, of West Virginia]: The 
    Sergeant at Arms will execute the order of the Senate. . . .
        After some delay.
        Mr. Barkley: Mr. President, I ask that the Sergeant at Arms 
    make a report to the Senate upon the effort he has made to compel 
    the attendance of Senators.
        The Presiding Officer [Theodore F. Green, of Rhode Island]: The 
    Sergeant at Arms will make his report.
        The Sergeant at Arms (Chesley W. Jurney): Senator Aiken is out 
    of Washington.
        Mr. [Tom T.] Connally [of Texas]: A parliamentary inquiry.
        The Presiding Officer: The Senator will state it.
        Mr. Connally: Under what rule is this kind of proceeding 
    authorized? I do not remember such a thing ever happening.
        The Presiding Officer: Does the Senator from Texas make 
    objection?
        Mr. Connally: I do.

        The Presiding Officer: The objection is overruled. The Sergeant 
    at Arms will proceed.
        Mr. Connally: That is a very efficient answer to a 
    parliamentary in

[[Page 3562]]

    quiry. I am trying to ascertain the authority for the proceeding.
        The Presiding Officer: It is authorized under rule V, paragraph 
    3. The Sergeant at Arms will proceed.
        Mr. Connally: I understand there is ample precedent for 
    ordering Senators brought into the Chamber, but it does not 
    necessarily follow the Sergeant at Arms can be brought in and 
    testify and make a speech. No one else can make a speech at this 
    time, and why should the Sergeant at Arms be permitted to do so?
        The Presiding Officer: Under the rule, debate is out of order, 
    and the Sergeant at Arms will proceed with his report.
        The Sergeant at Arms: Senator Aiken is out of town.
        Senator Austin is out of town. . . .
        Senator Doxey is in Washington, but cannot be located either at 
    his office or his residence. . . .
        Senator Maybank is in Washington, but cannot be located either 
    at his office or his residence. . . .
        Mr. Barkley: Mr. President, there seems to have taken place an 
    exodus from the Senate equal to the exodus of the Children of 
    Israel from Egypt; but there is a sufficient number of Senators in 
    town to make a quorum. I therefore move that the Vice President be 
    authorized and directed to issue warrants of arrest for absent 
    Senators, and that the Sergeant at Arms be instructed to execute 
    such warrants of arrest upon absent Senators.
        Mr. Connally: Mr. President, will the Senator yield for a 
    question?
        Mr. Barkley: I yield.
        Mr. Connally: I wish to ask if the execution of the warrants 
    would require the Sergeant at Arms to go to the home States of 
    Senators.
        The Presiding Officer: The motion is not debatable.
        Mr. Connally: I am propounding a parliamentary inquiry, and the 
    Senator yielded. He is making a motion.
        Mr. Barkley: Of course, when the Sergeant at Arms produces a 
    sufficient number to make a quorum, which is five--and there are 
    more than that many Senators in Washington, as reported by the 
    Sergeant at Arms--it is not expected that warrants of arrest will 
    be sent to the home States of those who are absent.
        The Presiding Officer: If the motion is so phrased as to 
    exclude them, the warrants will not be sent to the home States; 
    otherwise they would have to be.
        Mr. Barkley: The motion I made would include all absent 
    Senators, but the practical application of it would be limited to 
    those who are in the city.
        The Presiding Officer: The motion is limited to them?
        Mr. Barkley: I am willing to limit the motion to those who are 
    reported to be in the city of Washington, in the District of 
    Columbia, for the day.
        The Presiding Officer: The question is on agreeing to the 
    motion of the Senator from Kentucky.
        The motion was agreed to.
        The Presiding Officer: The order of the Senate will be 
    executed.
        At 2 o'clock and 8 minutes p.m., Mr. Herring entered the 
    Chamber and answered to his name.
        At 2 o'clock and 10 minutes p.m. Mr. Bunker entered the Chamber 
    and answered to his name.
        Mr. Connally: Mr. President----

[[Page 3563]]

        The Presiding Officer [Joseph C. O'Mahoney, of Wyoming]: The 
    Senator from Texas.
        Mr. Connally: I rise to a question of privilege of the Senate.
        The Presiding Officer: The Chair is advised that a quorum of 
    the Senate has not yet responded to the call of the roll. In that 
    state of affairs, no debate is in order.
        Mr. Connally: Mr. President, a further parliamentary inquiry. 
    What the Chair said may be true, but I understand some things are 
    being done, or are about to be done, in the name of the Senate, 
    which the Senate has never authorized, and which pertain to the 
    high privileges of the Senate. I understand that the Sergeant at 
    Arms, under the direction of the majority leader, or someone here, 
    is assuming the authority to deputize, or appoint as a deputy, one 
    of the Senate custodians, with instructions to break down Senators' 
    doors, enter their offices, and drag them out. The Senate has not 
    ordered any such action as that, and I want to say to the Senate, 
    or whoever authorized it, that if such person broke into my office, 
    he would not be able to break into the office of anyone else for at 
    least 24 hours. I simply want the Senate and the country to know 
    the kind of tactics which are being forced upon Senators in this 
    Chamber. It is a perfect outrage. It is in line with the 
    unconstitutional, the unwarranted, and the absolutely outrageous 
    action of a group in the Senate.
        At 2 o'clock and 45 minutes p.m., Mr. Aiken entered the Chamber 
    and answered to his name.
        At 3 o'clock and 19 minutes p.m., Mr. Maybank entered the 
    Chamber and answered to his name.
        At 3 o'clock and 40 minutes p.m., Mr. McKellar entered the 
    Chamber and answered to his name.
        The Presiding Officer [Berkeley L. Bunker, of Nevada]: Forty-
    nine Senators having answered to their names, a quorum is present.

    Parliamentarian's Note: In other instances, the report of the 
Sergeant at Arms has been submitted to the Presiding Officer in writing 
and read to the Senate. See Senate Procedure (S. Doc. 97-2), Riddick, 
p. 180.

Sec. 5.17 The Senate Sergeant at Arms was directed to request the 
    attendance of Senators when a quorum failed to appear on a quorum 
    call.

    On Apr. 26, 1958,(19) the Senate directed the Sergeant 
at Arms to request the attendance of absent Senators.(1)
---------------------------------------------------------------------------
19. 104 Cong. Rec. 7394, 7395, 85th Cong. 2d Sess.
 1. See also, for example, 110 Cong. Rec. 10579, 88th Cong. 2d Sess., 
        May 11, 1964; 11, Cong. Rec. 4754, 4755, 88th Cong. 2d Sess., 
        Mar. 9, 1964; and 108 Cong. Rec. 14952, 14953, 87th Cong. 2d 
        Sess., July 28, 1962.
---------------------------------------------------------------------------

        The Presiding Officer: (2) Is there further morning 
    business?
---------------------------------------------------------------------------
 2. Herman E. Talmadge (Ga.).
---------------------------------------------------------------------------

        Mr. [Lyndon B.] Johnson [of Texas]: Mr. President, I suggest 
    the absence of a quorum.
        The Presiding Officer: The clerk will call the roll.

[[Page 3564]]

        The Chief Clerk called the roll, and the following Senators 
    answered to their names: . . .
        The Presiding Officer: A quorum is not present.
        Mr. [William F.] Knowland [of California]: Mr. President, I 
    move that the Sergeant at Arms be directed to request the 
    attendance of absent Senators.
        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.

Sec. 5.18 A quorum call in the Senate failed to produce a quorum until 
    the Sergeant at Arms was directed to request attendance of absent 
    Members.

    On Apr. 22, 1965,(3) the following proceedings took 
place:
---------------------------------------------------------------------------
 3. 111 Cong. Rec. 8299, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Allen J.] Ellender [of Louisiana]: Mr. President, I 
    suggest the absence of a quorum.
        The Presiding Officer: (4) The clerk will call the 
    roll.
---------------------------------------------------------------------------
 4. Fred Harris (Okla.).
---------------------------------------------------------------------------

        The legislative clerk called the roll, and the following 
    Senators answered to their names: . . .
        The Presiding Officer: A quorum is not present.
        Mr. [Philip A.] Hart [of Michigan]: Mr. President, I move that 
    the Sergeant at Arms be directed to request the attendance of 
    absent Senators.
        The Presiding Officer: (5) The question is on 
    agreeing to the motion of the Senator from Michigan.
---------------------------------------------------------------------------
 5. Walter F. Mondale (Minn.).
---------------------------------------------------------------------------

        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.

    The Presiding Officer subsequently declared a quorum to be present.

Sec. 5.19 The Presiding Officer described the procedure for requesting 
    or compelling the attendance of absent Senators.

    On May 18, 1950,(6) the Presiding Officer, Matthew M. 
Neely, of West Virginia, explained the procedure for obtaining 
attendance of absent Senators.
---------------------------------------------------------------------------
 6. 96 Cong. Rec. 7204, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Brien] McMahon [of Connecticut]: I suggest the absence of 
    a quorum.
        The Presiding Officer: The clerk will call the role. . . .
        A quorum is not present.
        Mr. [Hubert H.] Humphrey [of Minnesota]: I move that the 
    Sergeant at Arms be directed to request the attendance of absent 
    Senators.
        The Presiding Officer: The provision of the rule is that a 
    majority of Senators present may direct the Sergeant at Arms to 
    request, and when necessary, to compel the attendance of absent 
    Senators. Does the Senator from Minnesota make that motion?
        Mr. Humphrey: I make that motion, Mr. President.
        The motion was agreed to.

[[Page 3565]]

        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.

Sec. 5.20 In the absence of a quorum, a motion that the Sergeant at 
    Arms arrest the absentees and bring them before the bar of the 
    Senate is in order.

    On the calendar day of July 28, 1962,(7) the Senate 
Sergeant at Arms was directed to request the attendance of absent 
Senators.(8)
---------------------------------------------------------------------------
 7. 108 Cong. Rec. 14952, 14953, 87th Cong. 2d Sess., July 30, 1962. 
        [Because no Record was printed for July 28, proceedings for 
        that day appear on July 30.]
 8. Parliamentarian's Note: The Senate remained in session for over 10 
        hours but conducted no business because a quorum could not be 
        maintained on the floor. The first of the two quorum calls held 
        on this date began at 10:00 a.m. and ended at 2:52 p.m. The 
        second call began at 2:58 and ended at 8:10 p.m.
---------------------------------------------------------------------------

        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 House

        The Vice President: (9) The Senate having taken a 
    recess last night in the absence of a quorum, no business can be 
    transacted until a quorum is present.
---------------------------------------------------------------------------
 9. Lyndon B. Johnson (Tex.).
---------------------------------------------------------------------------

        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: . . .
        The Vice President: A quorum is not present.
        Mr. [Hubert H.] Humphrey [of Minnesota]: Mr. President, I move 
    that the Sergeant at Arms be directed to request the attendance of 
    absent Senators.
        The Vice President: The question is on agreeing to the motion 
    of the Senator from Minnesota.
        The motion was agreed to.
        The Vice President: The Sergeant at Arms is instructed to 
    execute the order of the Senate. . . .
        Mr. Humphrey: Mr. President, a parliamentary inquiry: Is a 
    quorum present?
        The Vice President: No.
        Mr. Humphrey: Mr. President, is the only procedure left to the 
    acting majority leader to invoke the rule of arrest?
        The Vice President: That would be a matter for the judgment of 
    the leadership. Such a motion would be in order.

Sec. 5.21 The motion to compel attendance of absent Senators is not 
    debatable.

    On May 11, 1964,(10) a motion to request attendance and 
two motions to compel attendance were made before a quorum appeared.
---------------------------------------------------------------------------
10. 110 Cong. Rec. 10579, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Wayne L.] Morse [of Oregon]: Mr. President, I move that 
    the Ser

[[Page 3566]]

    geant at Arms be directed to compel the attendance of absent 
    Senators.
        The Presiding Officer:(11) The question is on 
    agreeing to the motion of the Senator from Oregon.
---------------------------------------------------------------------------
11. William Proxmire (Wis.).
---------------------------------------------------------------------------

        Mr. [George A.] Smathers [of Florida]: Mr. President, a 
    parliamentary inquiry.
        The Presiding Officer: The Senator will state it.
        Mr. Smathers: Is the motion debatable?
        The Presiding Officer: No debate is in order.