[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[A. Calls of the House]
[Â§ 8. Motions During the Call - To Adjourn]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3595-3618]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 8. Motions During the Call--To Adjourn

    This section discusses the motion to adjourn only as it relates to 
quorums and calls of the House.(8) Article I, section 5 of 
the Constitution (9) provides that ``. . . a Majority of 
each [House] shall constitute a Quorum to do Business; but a smaller 
Number may adjourn from day to day. . . .''
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 8. See Ch. 40, infra, for discussion of adjournment generally.
 9. House Rules and Manual Sec. Sec. 52-57 (1979).
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    The rule which authorizes calls of the House on motion 
(10) does not mention adjournment. The rule which authorizes 
automatic votes by the yeas and nays,(11) however, provides 
that in the absence of a quorum ``unless the House shall adjourn,'' 
there shall be a call of the House. Furthermore, the Speaker may 
entertain a motion to adjourn after the call has been completed, if the 
motion
---------------------------------------------------------------------------
10. Rule XV clause 2(a), House Rules and Manual Sec. 768 (1979).
11. Rule XV clause 4, House Rules and Manual Sec. 773 (1979).
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[[Page 3596]]

has been seconded by a majority of those present, to be ascertained by 
actual count of the Speaker.(12) If the House adjourns, all 
proceedings under Rule XV clause 4,(13) are vacated; this 
provision has been interpreted to mean voiding the vote taken by the 
yeas and nays, but not deleting the record of proceedings from the 
Record and Journal.(14)
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12. Id. See also Sec. 8.1, infra.
13. House Rules and Manual Sec. 773 (1979).
14. Sec. 2.22, supra.
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    Although a quorum is not required on a motion to 
adjourn,(15) it is required on a resolution providing for 
adjournment sine die (l6) (but not on a motion to adjourn 
which implements such a resolution).(17)
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15. Sec. Sec. 8.7, 8.8, infra.
16. Sec. 8.9, infra.
17. Sec. 8.10, infra.
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    An affirmative vote to adjourn by less than a quorum does not 
invoke an automatic roll call,(18) but the lack of a quorum 
on a negative vote on adjournment invokes a call.(~19~)
---------------------------------------------------------------------------
18. Sec. 8.11, infra.
19. Sec. 8.13, infra.
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    The motion to adjourn is highly privileged. In the absence of a 
quorum, no motion is in order but a motion for a call of the House or a 
motion to adjourn.(20) Because the motion to adjourn takes 
precedence over a motion for a call of the House, the vote on 
adjournment is taken before the call of the House even when the motion 
for the call was offered but not finally agreed to prior to the motion 
to adjourn.(21) The motion to adjourn may even be offered 
when the House is dividing on a motion for a call of the House 
(22) and takes precedence over a motion to dispense with 
further proceedings under the call.(1)
---------------------------------------------------------------------------
20. Sec. 8.14, infra.
21.  Sec. Sec. 8.14, 8.15, infra.
22. 8 Cannon's Precedents Sec. 2644.
 1. 8 Cannon's Precedents 
        Sec. 2643.                          -------------------
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Need for Second

Sec. 8.1 A motion to adjourn, after an automatic roll call has 
    disclosed the absence of a quorum, must be seconded by a majority 
    of those present to be ascertained by actual count of the Chair by 
    a division vote prior to a vote on the motion to adjourn itself.

    On Oct. 10, 1940,(2) during consideration of a veto 
message on H.R. 7179, a bill to provide for the naturalization of Louis 
D. Friedman, Speaker William B.
---------------------------------------------------------------------------
 2. 86 Cong. Rec. 13534, 13535, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

[[Page 3597]]

Bankhead, of Alabama, entertained a motion to adjourn.(3)
---------------------------------------------------------------------------
 3. Seconding by a majority is required by Rule XV clause 4, House 
        Rules and Manual Sec. 773 (1979); there is no specific 
        seconding requirement for calls of the House on motions which 
        are authorized by Rule XV clause 2(a), House Rules and Manual 
        Sec. 768 (1979), but such motions must be adopted by a 
        majority, at least 15 voting in the affirmative.
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        The Speaker:  . . . The question is on the motion of the 
    gentleman from New York [Mr. Dickstein] that the bill and the 
    message together with the accompanying papers be referred to the 
    Committee on Immigration and Naturalization.
        The question was taken; and on a division (demanded by Mr. 
    Dickstein) there were--ayes 17, noes 62.
        Mr. [Pehr G.] Holmes [of Massachusetts]: Mr. Speaker, I object 
    to the vote on the ground a quorum is not present.
        Mr. [Samuel] Dickstein: Mr. Speaker, I was on my feet. I object 
    to the vote on the ground a quorum is not present.
        The Speaker: The gentleman from New York [Mr. Dickstein] 
    objects to the vote on the ground there is not a quorum present. 
    The gentleman from Massachusetts [Mr. Holmes] objects to the vote 
    on the same ground. 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 108, nays 105, not 
    voting 216, as follows: . . .
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker----
        The Speaker: The gentleman from Massachusetts.
        Mr. McCormack: Mr. Speaker, may I inquire the result of the 
    roll call just taken?
        The Speaker: On this roll call 213 Members have answered--108 
    yeas and 105 nays. This is 3 short of a quorum.

                                Adjournment

        Mr. McCormack: Mr. Speaker, in view of the situation that 
    exists, which is obvious to all of us, and of necessity, I move 
    that the House do now adjourn.
        Mr. [John C.] Schafer of Wisconsin: Mr. Speaker, I demand a 
    second to the motion.
        The Speaker: Under the rule the demand for a second is in 
    order. The question is on ordering a second.
        The question was taken; and there were--ayes 144, noes 3.
        So a second was ordered.
        Mr. Dickstein: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Dickstein: The vote on the motion to refer the bill to the 
    committee being yeas 108, nays 105, what will happen to the motion 
    if the House adjourns?
        The Speaker: The motion will be the continuing business before 
    the House when it convenes on Monday.
        The question is on the motion to adjourn.
        The motion was agreed to; accordingly (at 2 o'clock and 35 
    minutes p.m.) the House, pursuant to its previous order, adjourned 
    until Monday, October 14, 1940, at 12 o'clock noon.

[[Page 3598]]

Effect of Adjournment on Pending Business

Sec. 8.2 Where a quorum fails to respond on an automatic roll call on a 
    pending resolution and the House adjourns, the unfinished business 
    when the House again convenes is the vote on the resolution; and 
    the Speaker puts the question de novo.

    On Oct. 19, 1966,(4) Speaker John W. McCormack, of 
Massachusetts, after the opening prayer, approval of the Journal, and 
reading of messages from the President and Senate, proceeded 
immediately to the vote on a resolution which was pending the previous 
day when the House adjourned because a quorum had failed to respond on 
an automatic vote by the yeas and nays.
---------------------------------------------------------------------------
 4. 112 Cong. Rec. 27640, 27641, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

         Announcement by the Speaker--Disposing of Pending Business

        The Speaker: The Chair will receive unanimous-consent requests, 
    after the disposition of pending business.
        The unfinished business is the vote on agreeing to the 
    resolution (H. Res. 1062) certifying the report of the Committee on 
    Un-American Activities as to the failures of Jeremiah Stamler to 
    give testimony before a duly authorized subcommittee of said 
    committee.
        The Clerk read the title of the resolution.

                             Call of the House

        Mr. [Don] Edwards of California: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker: The gentleman from California makes the point of 
    order that a straight quorum is not present, or does the gentleman 
    make the point of order on the resolution?
        Mr. Edwards of California: Mr. Speaker, I make the point of 
    order that a straight quorum is not present.
        The Speaker: 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.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 280 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

                    Proceedings Against Jeremiah Stamler

        The Speaker: The unfinished business is the vote on agreeing to 
    the resolution (H. Res. 1062) certifying the report of the 
    Committee on Un-American Activities as to the failures of Jeremiah 
    Stamler to give testimony before a duly authorized subcommittee of 
    said committee.
        The Clerk read the title of the resolution.
        The Speaker: The question is on the resolution.
        The question was taken; and on a division (demanded by Mr. 
    Williams) there were--ayes 92, noes 34.

[[Page 3599]]

        Mr. [John Bell] Williams [of Mississippi]: 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 219, nays 69, not 
    voting 144, as follows: . . .
        So the resolution was agreed to.

Calls of the House After Voting on Adjournment

Sec. 8.3 A quorum not being present, a motion by the Majority Leader to 
    adjourn was defeated and a call of the House was ordered; the 
    Speaker directed his name to be called to make a quorum.

    On Nov. 13, 1943,(5) a call of the House was ordered 
after defeat of the motion to adjourn offered by the Majority Leader, 
John W. McCormack, of Massachusetts.(6)
---------------------------------------------------------------------------
 5. 89 Cong. Rec. 9478, 78th Cong 1st Sess.
 6. See also 105 Cong. Rec. 3432, 86th Cong. 1st Sess., Mar. 5, 1959.
---------------------------------------------------------------------------

        Mr. [Pete] Jarman [of Alabama]: Mr. Speaker, I think we ought 
    to have a quorum present, and I make the point of order that there 
    is no quorum present.
        The Speaker Pro Tempore: The gentleman from Alabama makes the 
    point of order that there is no quorum present. The Chair will 
    count.
        Mr. Jarman (interrupting the count): Mr. Speaker, I withdraw 
    the point of order.
        Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Speaker, I renew the 
    point of order and make the point that there is no quorum present.
        The Speaker: (7) The gentleman from Wisconsin makes 
    the point of order. The Chair will count. [After counting.] Sixty-
    eight Members present, not a quorum.
---------------------------------------------------------------------------
 7. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        Mr. McCormack: Mr. Speaker, I move that the House do now 
    adjourn.
        The Speaker: The question is on the motion of the gentleman 
    from Massachusetts that the House do now adjourn.
        The question was taken; and on a division (demanded by Mr. 
    Mundt) there were--ayes 25, noes 41.
        So the motion was rejected.
        Mr. McCormack: Mr. Speaker, I move a call of the House.
        The motion was agreed to.
        The Clerk called the roll and the following Members failed to 
    answer to their names: . . .
        The Speaker: The Clerk will call my name.
        The Clerk called the name of Mr. Rayburn and he answered 
    ``present.''
        The Speaker: On this call 217 members have answered to their 
    names. A quorum is present.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

Sec. 8.4 A yea and nay negative vote on a motion to adjourn

[[Page 3600]]

    having disclosed the presence of a quorum, the Majority Leader 
    withdrew his pending motion for a call of the House.

    On June 4, 1963,(8) the Majority Leader, Carl Albert, of 
Oklahoma, withdrew his pending motion to adjourn.
---------------------------------------------------------------------------
 8. 109 Cong. Rec. 10155, 10156, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I make 
    the point of order that a quorum is not present.
        The Speaker: (9) Evidently a quorum is not present.
---------------------------------------------------------------------------
 9. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. Albert: Mr. Speaker, I move a call of the House.
        Mr. [James] Roosevelt [of California]: Mr. Speaker----
        The Speaker: For what purpose does the gentleman from 
    California rise?
        Mr. Roosevelt: Mr. Speaker, I move that the House do now 
    adjourn.
        The Speaker: The question is on the motion to adjourn.
        The question was taken, and on a division (demanded by Mr. 
    Williams) there were--ayes 98, noes 105.
        Mr. Williams: Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 53, nays 277, not 
    voting 103, as follows: .
        Mr. Albert: I withdraw my motion for a call of the House, Mr. 
    Speaker.
        The Speaker: The motion is withdrawn.

Sec. 8.5 A point of no quorum having been made and a motion to adjourn 
    having been defeated on a division vote, a call of the House was 
    moved and agreed to.

    On Mar. 5, 1959,(10) a call of the House was moved and 
agreed to.(11)
---------------------------------------------------------------------------
10. 105 Cong. Rec. 3432, 86th Cong. 1st Sess.
11. See also, for example, 89 Cong. Rec. 9478, 78th Cong. 1st Sess., 
        Nov. 13, 1943.
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        The Speaker Pro Tempore: (12) Under previous order 
    of the House, the gentleman from Massachusetts [Mr. O'Neill] is 
    recognized for 30 minutes.
---------------------------------------------------------------------------
12. Thomas J. Lane (Mass.).
---------------------------------------------------------------------------

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, a point 
    of order. The gentleman from Massachusetts has indicated to me that 
    he desires to speak on the subject of an election contest. That 
    being a matter upon which the entire membership of the House should 
    be informed, I make the point of order that a quorum is not 
    present.(13)
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13. See supplements to this edition for discussion of more recent 
        provisions effective in the 93d Congress on Apr. 9, 1974, to 
        the effect that after the presence of a quorum has been once 
        ascertained on any day, a point of order of no quorum may not 
        be entertained during the period of the day when the Speaker 
        recognizes Members to address the House under special orders, 
        with no measure or matter then under consideration for 
        disposition by the House. See also Rule XV clause 6(c)(3) 
        [House Rules and Manual Sec. 774c (1979)].

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[[Page 3601]]

        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, will the gentleman 
    withhold that for a moment?
        Mr. Williams: I withhold the point of order.
        Mr. Hays: Mr. Speaker, I would like to say to the gentleman if 
    this is going to be the practice there will be no more special 
    orders by the gentleman or any of his friends.
        Mr. Williams: Mr. Speaker, I renew the point of order.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, if the gentleman 
    insists on his point of order I shall feel obliged to move to 
    adjourn the House. Does the gentleman insist on his point of order?
        Mr. Williams: Mr. Speaker, I do not think this speech should be 
    made without the membership of the House being present and I insist 
    on the point of order.
        Mr. Albert: Mr. Speaker, I move that the House do now adjourn.
        The question was taken; and on a division (demanded by Mr. 
    Albert) there were ayes 6, noes 47.
        So the motion was rejected.

                             Call of the House

        Mr. Albert: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.

Effect on Questions of Privilege

Sec. 8.6 Where a Member objects to a negative vote on a motion to 
    adjourn on the ground that a quorum is not present, the Chair will 
    not entertain a question of privilege pending disposition of the 
    point of no quorum.

    On Apr. 15, 1970,(14) Speaker pro tempore Charles M. 
Price, of Illinois, refused to entertain a question of personal 
privilege where the House had just refused to adjourn and objection had 
been raised to that vote on the ground that a quorum was not present.
---------------------------------------------------------------------------
14. 116 Cong. Rec. 11940, 11941, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, I move that the 
    House do now adjourn.
        The Speaker Pro Tempore: The question is on the motion offered 
    by the gentleman from Ohio.
        The question was taken, and the Speaker pro tempore announced 
    that the noes appeared to have it.
        Mr. Hays: 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. Justice Douglas has been on the Bench for a great many 
    years, and he can wait for one more night. I have not had my 
    dinner.
        The Speaker Pro Tempore: The Chair will count.
        Mr. Hays: Mr. Speaker, I am willing to withhold my motion if 
    the gentleman wants to ask permission to insert his remarks, but 
    obviously all these speeches were written by the

[[Page 3602]]

    same author, and I do not think we ought to have to sit here and 
    listen to them.
        Mr. [William L.] Scott [of Virginia]: Mr. Speaker, if the 
    gentleman will yield, my remarks will not take more than 10 
    minutes.
        Mr. Hays: I have been hearing that for a long time now.
        Mr. [Louis C.] Wyman [of New Hampshire]: Mr. Speaker, I rise to 
    a point of special privilege.
        The Speaker Pro Tempore: There is a motion pending.
        Mr. Hays: Mr. Speaker, I insist on the point of order.
        The Speaker Pro Tempore: The gentleman from Ohio insists on the 
    point of order.
        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 81, nays 75, not 
    voting 274, as follows: . . .
        So the motion was agreed to.

Matters Requiring a Quorum

Sec. 8.7 Motions to adjourn do not require a quorum for adoption.

    On Dec. 30, 1970,(1) Speaker pro tempore Wilbur D. 
Mills, of Arkansas, made a ruling regarding a quorum on a motion to 
adjourn.(2)
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 44190, 91st Cong. 2d Sess.
 2. See also, for example, 109 Cong. Rec. 24634, 88th Cong. 1st Sess., 
        Dec. 14, 1963; 109 Cong. Rec. 10674, 10675, 88th Cong. 1st 
        Sess., June 11, 1963; and 87 Cong. Rec. 4320, 77th Cong. 1st 
        Sess., May 21, 1941.
---------------------------------------------------------------------------

        Mr. [W.C.] Daniel of Virginia: Mr. Speaker, I move that the 
    House do now adjourn.
        The Speaker Pro Tempore: The question is on the motion to 
    adjourn.
        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker----
        The Speaker Pro Tempore: The Chair would request that the 
    gentleman from Missouri permit the Chair to put the question.
        The question was taken; and the Speaker pro tempore announced 
    that the ayes had it. . . .
        Mr. [John E.] Hunt [of New Jersey]: 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 Pro Tempore: The Chair announced that the ayes had 
    it.
        Mr. Hunt: Mr. Speaker, I was seeking recognition and I was on 
    my feet.
        The Speaker Pro Tempore: The Chair will advise the gentleman 
    from New Jersey that a quorum is not required in order to adjourn 
    the House.
        The House stands adjourned until 12 o'clock tomorrow.

Sec. 8.8 A quorum is not required to vote for adjournment and an 
    objection to an affirmative vote on that ground is not entertained.

    On May 6, 1950,(3) Speaker pro tempore John W. 
McCormack, of
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 3. 96 Cong. Rec. 6568, 81st Cong. 2d Sess.
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[[Page 3603]]

Massachusetts, refused to entertain an objection to a vote on a motion 
to adjourn.(4)
---------------------------------------------------------------------------
 4. See also 95 Cong. Rec. 10092, 81st Cong. 1st Sess., July 25, 1949.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, I renew my 
    motion that the House do now adjourn.
        The Speaker Pro Tempore: The question is on the motion.
        The question was taken; and on a division (demanded by Mr. 
    Rankin) there were--ayes 51, noes 44.
        Mr. [Mike] Mansfield [of Montana]: Mr. Speaker, I object to the 
    vote on the ground a quorum is not present.
        Mr. Rankin: Mr. Speaker, a point of order. A quorum is not 
    necessary on a motion to adjourn.
        The Speaker Pro Tempore: The Chair cannot entertain that.
        Mr. [Jere] Cooper [of Tennessee]: Mr. Speaker, I demand the 
    yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 98, nays 170, not 
    voting 162.

Sec. 8.9 A quorum is required on the vote agreeing to a resolution 
    providing for the adjournment of the Congress sine die.

    On July 16, 1932,(5) the Chair made a ruling regarding 
the need for a quorum for an adjournment sine die.
---------------------------------------------------------------------------
 5. 75 Cong. Rec. 15753, 72d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (6) Will the House permit 
    the Chair to make a statement? It requires a majority of this House 
    to agree to a resolution providing for adjournment sine die, and we 
    do not know yet when the Senate will send over that resolution. The 
    Chair respectfully suggests to the gentleman, especially those who 
    have made reservations to return to their homes tonight, that it 
    might be well to remain until the concurrent resolution providing 
    for adjournment is adopted. The Chair desires to make that 
    statement, because our ranks are gradually being thinned, and we 
    might find ourselves without a quorum.
---------------------------------------------------------------------------
 6. John McDuffie (Ala.).
---------------------------------------------------------------------------

Sec. 8.10 Pursuant to a concurrent resolution passed when a quorum was 
    present, the House adjourned sine die in the absence of a quorum.

    On Oct. 18, 1972,(7) House Concurrent Resolution 726 was 
passed.
---------------------------------------------------------------------------
 7. 118 Cong. Rec. 37061, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

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

                                H. Con. Res. 726

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

        The Speaker: (8) The question is on the concurrent 
    resolution.
---------------------------------------------------------------------------
 8. Carl Albert (Okla.).
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[[Page 3604]]

        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [James G.] O'Hara [of Michigan]: Mr. Speaker, I object to 
    the vote on the ground that a quorum is not present and make the 
    point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        The Sergeant at Arms will notify absent Members, and the Clerk 
    will call the roll.
        The question was taken; and there were--yeas 239, nays 21, not 
    voting 171, as follows: . . .
        So the concurrent resolution was agreed to.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.

    Later that day,(9~) the House adjourned sine die.
---------------------------------------------------------------------------
 9. 118 Cong. Rec. 37200, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

        Mr. [John T.] Myers [of Indiana]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker: The Chair will count.
        One hundred twelve Members are present, not a quorum.
        Mr. O'Neill: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.

                          Parliamentary Inquiries

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

                            Adjournment Sine Die

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

Automatic Vote by Yeas and Nays

Sec. 8.11 Parliamentarian's Note: A quorum is not required to adjourn 
    the House; and an affirmative vote to adjourn

[[Page 3605]]

    by less than a quorum does not invoke an automatic roll call under 
    Rule XV clause 4.(10)
---------------------------------------------------------------------------
10. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Dec. 14, 1963,(11) an automatic call of the House was 
not invoked following an affirmative vote to adjourn.(12)
---------------------------------------------------------------------------
11. 109 Cong. Rec. 24634, 88th Cong. 1st Sess.
12. See also, for example, 116 Cong. Rec. 44190, 91st Cong. 2d Sess., 
        Dec. 30, 1970; and 109 Cong. Rec. 10674, 10675, 88th Cong. 1st 
        Sess., June 11, 1963.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move that the 
    House do now adjourn.
        The question was taken; and on a division (demanded by Mr. 
    Johansen) there were--ayes 77, noes 17.
        Mr. [August E.] Johansen [of Michigan]: Mr. Speaker, I object 
    to the vote on the ground that a quorum is not present and make the 
    point of order that a quorum is not present.
        The Speaker: (13) The Chair will advise the 
    gentleman that on a motion to adjourn, when the majority of Members 
    present vote in favor of the motion, a quorum is not required.
---------------------------------------------------------------------------
13. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The motion to adjourn was agreed to; accordingly (at 12 o'clock 
    and 20 minutes p.m.) the House adjourned until Monday, December 16, 
    1963, at 12 o'clock noon.

Sec. 8.12 Parliamentarian's Note: It is not in order to demand an 
    ``automatic'' roll call under Rule XV clause 4,(14) on a 
    motion to adjourn, since the motion to adjourn from day to day may 
    be agreed to by less than a quorum.
---------------------------------------------------------------------------
14. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Dec. 30, 1970,(15) Speaker pro tempore Wilbur D. 
Mills, of Arkansas, refused to entertain an objection to a vote on the 
ground that a quorum was not present.
---------------------------------------------------------------------------
15. 116 Cong. Rec. 44190, 91st Cong. 2d Sess. For the proceedings of 
        the House on this date, see Sec. 8.7, supra.
---------------------------------------------------------------------------

Consequence of Point of No Quorum After Vote

Sec. 8.13 Although a quorum is not required to adjourn the House, a 
    point of no quorum on a negative vote on adjournment, if sustained, 
    precipitates a call of the House under Rule XV clause 
    4.(16)
---------------------------------------------------------------------------
16. See House Rules and Manual Sec. 773 (note) (1979).
---------------------------------------------------------------------------

    On Sept. 22, 1965,(17) Speaker John W. McCormack, of 
Massachusetts, ordered a call of the House.(18)
---------------------------------------------------------------------------
17. 111 Cong. Rec. 24716, 24717, 89th Cong. 1st Sess.
18. See also, for example, 117 Cong. Rec. 38536, 38537, 92d Cong. 1st 
        Sess., Nov. 1, 1971; 114 Cong. Rec. 16225, 16226, 90th Cong. 2d 
        Sess., June 6, 1968; 109 Cong. Rec. 24217, 24218, 88th Cong. 
        1st Sess., Dec. 11, 1963; and 97 Cong. Rec. 6621, 82d Cong. 1st 
        Sess., June 15, 1951.

---------------------------------------------------------------------------

[[Page 3606]]

        Mr. [Leslie C.] Arends [of Illinois]: Mr. Speaker, I make the 
    motion that the House do now adjourn.
        The Speaker: The question is on the motion of the gentleman 
    from Illinois.
        The question was taken; and the Speaker announced that in his 
    opinion the ``noes'' had it.
        Mr. Arends: Mr. Speaker, I demand tellers.
        Tellers were ordered; and the Speaker appointed as tellers Mr. 
    Albert and Mr. Arends.
        The House divided, and the tellers reported that there were--
    ayes 58, noes 104.
        Mr. [Durward G.] Hall [of Missouri:] 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 (after counting): 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 90, nays 204, not 
    voting 138, as follows: . . .
        So the motion was rejected.

Precedence of Motion to Adjourn Over Motion for Call of House

Sec. 8.14 A motion to adjourn cannot ordinarily be offered while 
    another Member having the floor for debate refuses to yield for 
    that purpose, but if a point of order of no quorum is made and 
    sustained during such debate, a motion to adjourn is in order and 
    takes precedence over a motion for a call of the House.

    On Apr. 24, 1956,(19) Mr. Carl Vinson, of Georgia, had 
the floor for debate when a point of order of no quorum was made. 
Speaker Sam Rayburn, of Texas, ruled that a motion to adjourn could not 
deprive Mr. Vinson of the floor before the point of order was 
sustained, but after announcing the lack of a quorum, entertained a 
motion to adjourn as preferential over a motion for a call of the 
House:
---------------------------------------------------------------------------
19. 102 Cong. Rec. 6891, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John Bell] Williams of Mississippi: Mr. Speaker, a point 
    of order.
        The Speaker: The gentleman will state his point of order.
        Mr. Williams of Mississippi: Mr. Speaker, I make the point of 
    order that a quorum is not present.
        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, I object to 
    the point of order.
        Mr. Vinson: Will the gentleman not withhold that? I have only 
    about 5 minutes.
        Mr. Williams of Mississippi: Mr. Speaker, I withdraw the point 
    of order.

[[Page 3607]]

        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, the 
    gentleman is making a very sound statement here and I make the 
    point of order that a quorum is not present.
        Mr. Yates: Mr. Speaker, may I be heard on the point of order?
        The Speaker: The point of order that a quorum is not present is 
    not debatable.

        Mr. Yates: Since the last point of order on a quorum there has 
    been no further transaction of business, and it is obvious that the 
    points of order being made are dilatory.
        The Speaker: There were various unanimous-consent requests 
    granted since the last call of the House. The Chair has been up 
    against this question of whether there was a filibuster or whether 
    there was not a great many times. This occupant of the Chair is 
    very liberal with Members who want a quorum present or to have 
    business transacted in the regular way. The Chair is not going to 
    hold that this point of order is dilatory.
        Mr. [Wayne L.] Hays of Ohio: Mr. Speaker, I move that the House 
    do now adjourn.
        The Speaker: If the gentleman from Georgia retains the floor, 
    that motion is not in order.
        Mr. Vinson: I retain it, Mr. Speaker. I am just moving around 
    to get a little exercise.
        The Speaker: Does the gentleman from Mississippi insist upon 
    his point of no quorum?
        Mr. Colmer: Mr. Speaker, I insist upon the point of no quorum.
        The Speaker: The Chair will count. Evidently there is no quorum 
    present.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I move 
    a call of the House.
        Mr. Hays of Ohio: Mr. Speaker, I move that the House do now 
    adjourn.
        The Speaker: The motion to adjourn is a privileged motion. The 
    question is on the motion.
        The motion was rejected.
        The Speaker: The question is on the motion offered by the 
    gentleman from Massachusetts.
        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 rollcall 298 Members have answered to 
    their names, a quorum is present.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Speaker: The gentleman from Georgia will proceed.

Sec. 8.15 The motion to adjourn takes precedence over a motion for a 
    call of the House; and where a motion to adjourn is defeated, and 
    the motion for a call of the House is then withdrawn, business may 
    continue if there has been no finding or announcement of the 
    absence of a quorum.

    On June 12, 1963,(1) the Speaker pro tempore ruled that 
a motion to adjourn takes precedence over a motion for a call of the 
House.
---------------------------------------------------------------------------
 1. 109 Cong. Rec. 10739, 10740, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Frank J.] Becker [of New York]: Mr. Speaker, I make the 
    point of order a quorum is not present.

[[Page 3608]]

        Mr. [Donald C.] Bruce [of Indiana]: Mr. Speaker, I move a call 
    of the House.
        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, I move that the 
    House do now adjourn.
        The Speaker Pro Tempore: (2) The question is on the 
    motion that the House do now adjourn.
---------------------------------------------------------------------------
 2. W. Homer Thornberry (Tex.).
---------------------------------------------------------------------------

        The question was taken; and on a division (demanded by Mr. 
    Bruce) there were--ayes 23, noes 34.
        So the motion was rejected.
        Mr. [M. G.] Snyder [of Kentucky]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: Does the gentleman yield for the 
    purpose of making a parliamentary inquiry?
        Mr. [John M.] Ashbrook [of Ohio]: Certainly.
        Mr. Snyder: The point of order has been made that there was no 
    quorum present and the gentleman from Indiana moved a call of the 
    House. Since the motion to adjourn was defeated, is not his motion 
    in order?
        Mr. Bruce: I withdraw the motion
        The Speaker Pro Tempore: Let the Chair state that the motion to 
    adjourn was made in the meantime, and no point of order has been 
    made since.

Continuing Call After Quorum Fails to Appear on Motion to Adjourn

Sec. 8.16 The Speaker indicated that if a quorum failed to materialize 
    on a yea and nay vote on a motion to adjourn decided in the 
    negative, the House would proceed to establish a quorum under the 
    call of the House under Rule XV clause 2(a),(3) which 
    was in progress when the motion to adjourn was made.
---------------------------------------------------------------------------
 3. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

    On Oct. 14, 1969,(4) following a motion to adjourn 
offered during a call of the House on a motion on which less than a 
quorum appeared, after the roll call was completed, but before 
announcement of absence of a quorum, Speaker John W. McCormack, of 
Massachusetts, answered a parliamentary inquiry regarding the procedure 
following a negative vote to adjourn. (See Sec. 10.2, infra.)
---------------------------------------------------------------------------
 4. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

Pending Point of No Quorum

Sec. 8.17 A motion to adjourn is in order pending a point of order that 
    a quorum is not present.

    For example, on Dec. 7, 1963,(5) the House adjourned 
while a point of order that a quorum was not present was 
pending.(6)
---------------------------------------------------------------------------
 5. 109 Cong. Rec. 23752, 88th Cong. 1st Sess.
 6. See also, for example, 106 Cong. Rec. 16535, 86th Cong. 2d Sess., 
        Aug. 16, 1960, and 95 Cong. Rec. 12191, 81st Cong. 1st Sess., 
        Aug. 24, 1949.

---------------------------------------------------------------------------

[[Page 3609]]

        Mr. [William K.] Van Pelt [of Wisconsin]: Mr. Speaker, I make 
    the point of order that a quorum is not present.

                                Adjournment

        Mr. [John E.] Moss [Jr., of California]: Mr. Speaker, I move 
    that the House do now adjourn.
        The motion was agreed to; accordingly (at 12 o'clock and 2 
    minutes p.m.) the House adjourned until Monday, December 9, 1963, 
    at 12 o'clock noon.

When in Order

Sec. 8.18 The House adjourned pending the vote on agreeing to a 
    conference report, the vote on adoption having been objected to on 
    the ground that a quorum was not present.

    On Dec. 14, 1971,(7) during consideration of the 
conference report on H.R. 11731, the Department of Defense 
appropriation measure, the House adjourned.
---------------------------------------------------------------------------
 7. 117 Cong. Rec. 46888 46894, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [George H.] Mahon [of Texas]: Mr. Speaker, I move the 
    previous question on the conference report.
        The previous question was ordered.
        The Speaker: (8) The question is on the conference 
    report.
---------------------------------------------------------------------------
 8. Carl Albert (Okla.).
---------------------------------------------------------------------------

        The question was taken, and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [Charles M.] Teague of California: 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.

                                Adjournment

        Mr. [Hale] Boggs [of Louisiana]:
        Mr. Speaker, I move that the House do now adjourn.
        The motion was agreed to; accordingly (at 8 o'clock and 15 
    minutes p.m.), under its previous order, the House adjourned until 
    tomorrow, Wednesday, December 15, 1971, at 11 o'clock a.m.

Sec. 8.19 A motion to adjourn is in order at any time after the 
    conclusion of the second call of the roll if a quorum has not been 
    established; announcement by the Chair that a quorum has failed to 
    respond is not necessary before entertaining the motion to adjourn.

    On Oct. 14, 1969,(9) during a call of the House while 
American military involvement in Vietnam was under debate, Speaker John 
W. McCormack, of Massachusetts, answered parliamentary inquiries about 
the quorum requirement for, and the timeliness of, a motion to adjourn.
---------------------------------------------------------------------------
 9. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Donald M.] Fraser [of Minnesota]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.

[[Page 3610]]

        Mr. Fraser: I would like to ask, if I may, where the matter 
    stands now of the call of the House which was made by the majority 
    leader. As I understand it, there is not yet a quorum recorded at 
    the desk.
        The Speaker: The gentleman is correct.
        Mr. Fraser: Now, Mr. Speaker, what are the options open to the 
    House at this point?
        The Speaker: The Chair is patiently waiting to see. Regular 
    order is the establishment of a quorum. If a quorum is not 
    established, then a motion to adjourn would be in order.
        Mr. Fraser: Mr. Speaker, am I correct that if a quorum is not 
    established, there are only two choices open to the House--either a 
    motion to adjourn or a motion to instruct the Sergeant at Arms to 
    produce the missing Members?
        The Speaker: The gentleman is correct.
        Mr. [James H.] Quillen [of Tennessee]: Mr. Speaker----
        The Speaker: For what purpose does the gentleman from Tennessee 
    rise?
        Mr. Quillen: Mr. Speaker, due to the lack of a quorum, I move 
    that the House do now adjourn.
        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, on that I ask 
    for the yeas and nays.
        Mr. [Hale] Boggs [of Louisiana]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman from Louisiana will state his 
    parliamentary inquiry.
        Mr. Boggs: Mr. Speaker, does it require a quorum to adjourn?
        The Speaker: The Chair will state to the gentleman from 
    Louisiana that it does not require a quorum. . . .
        Mr. [Carl] Albert [of Oklahoma]:
        Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman from Oklahoma will state his 
    parliamentary inquiry.
        Mr. Albert: Is it in order to move that the House adjourn on 
    the ground that a quorum is not present until the Chair has 
    announced the nonexistence of a quorum?
        The Speaker: The Chair will state that a motion to adjourn is 
    in order any time after the conclusion of the second call if a 
    quorum has not been established.

    Parliamentarian's Note: See parliamentarian's note, Sec. 4.4, 
supra, for similar precedent relating to quorum call by electronic 
device.

Sec. 8.20 One motion to adjourn having been offered and rejected at the 
    expiration of 15 minutes during a call of the House by electronic 
    device, another motion to adjourn is in order and takes precedence 
    over a motion directing the Sergeant at Arms to arrest absentees.

    On June 6, 1973,(10) during a discussion of impeachment 
powers, Speaker Carl Albert, of Oklahoma, ruled on the precedence of a 
motion to adjourn over a motion for a call of the House.
---------------------------------------------------------------------------
10. 119 Cong. Rec. 4416, 4417, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Earl F.] Landgrebe [of Indiana]: Mr. Speaker, this is a 
    very im

[[Page 3611]]

    portant matter being discussed. I do not believe there is a quorum 
    in the House. I make the point of order that a quorum is not 
    present.
        The Speaker Pro Tempore: (11) The Chair will count.
        Sixty Members being present in the Chamber, a quorum is not 
    present.
---------------------------------------------------------------------------
11. Romano L. Mazzoli (Ky.).
---------------------------------------------------------------------------

        Mr. [John J.] McFall [of California]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The call was taken by electronic device, and the following 
    Members failed to respond: . . .
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, may we have the 
    regular order?
        The Speaker: The regular order is the establishment of a quorum 
    and the rule provides a minimum of 15 minutes for Members to 
    respond. Clause 5 of rule XV (12) states that Members 
    have ``not less than 15 minutes to have their presence recorded.''
---------------------------------------------------------------------------
12. See House Rules and Manual Sec. 774b (1979).
---------------------------------------------------------------------------

        Mr. [Joe D. ] Waggonner [Jr., of Louisiana]: Mr. Speaker, I 
    move that the House do now adjourn.
        Ms. [Bella S.] Abzug [of New York]: Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were ordered.
        The vote was taken by electronic device, and there were--yeas 
    9, nays 143, present 1, not voting 279, as follows: . . .
        So the motion to adjourn was rejected.
        The result of the vote was amended as above recorded.
        The Speaker: The order of business is the establishment of a 
    quorum. The House is still in the process of trying to establish a 
    quorum, the motion to adjourn having been rejected. Are there 
    further Members in the Chamber who desire to record their presence?

                       Motion Offered by Mr. Stratton

        Mr. [Samuel S.] Stratton [of New York]: Mr. Speaker, I move 
    that the Sergeant at Arms be instructed to bring in the absent 
    Members.

                           Parliamentary Inquiry

        Mr. [Paul N.] McCloskey [Jr., of California]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. McCloskey: Mr. Speaker, I rise in order that I may be 
    recognized for a motion to adjourn.

                      Motion Offered by Mr. McCloskey

        Mr. McCloskey: Mr. Speaker, l move that the House do now 
    adjourn.
        The Speaker: The question is on the motion offered by the 
    gentleman from California (Mr. McCloskey).
        Mr. Stratton: Mr. Speaker, I have a motion pending.
        The Speaker: The Chair will state that the motion to adjourn 
    offered by the gentleman from California (Mr. McCloskey) takes 
    precedence over the motion offered by the gentleman from New York 
    (Mr. Stratton).

                                Adjournment

        The motion was agreed to; accordingly (at 9 o'clock and 38 
    minutes p.m.), the House adjourned until Thursday, June 7, 1973, at 
    12 o'clock noon.

[[Page 3612]]

    Parliamentarian's Note: Because the Speaker had not announced the 
result of the call of the House at the time the motion to adjourn was 
offered, he announced that the call of the House was still open and in 
progress upon rejection of the adjournment motion, and that Members 
could record their presence although they had not been able to return 
to the floor during the 15-minute period. It was contended that the 
Speaker had no authority to entertain the motion to adjourn during the 
call of the House and prior to his announcement of the result of that 
call. But if this contention were valid, it would give the Speaker 
unlimited discretion to keep a quorum call open indefinitely by 
refusing to announce the result (where a quorum had not been obtained) 
and thereby indefinitely refusing to entertain a motion to adjourn.

Sec. 8.21 The House adjourned in the absence of a quorum.

    On Sept. 23, 1968,(13) the House adjourned in the 
absence of a quorum.(14)
---------------------------------------------------------------------------
13. 114 Cong. Rec. 27813, 90th Cong. 2d Sess.
14. See also, for example, 116 Cong. Rec. 11941, 91st Cong. 2d Sess., 
        Apr. 15, 1970; 115 Cong. Rec. 30137, 91st Cong. 1st Sess., Oct. 
        15, 1969; 114 Cong. Rec. 30816, 30817, 90th Cong. 2d Sess., 
        Oct. 11, 1968; 110 Cong. Rec. 22023, 88th Cong. 2d Sess., Sept. 
        14, 1964; and 88 Cong. Rec. 9096, 77th Cong. 2d Sess., Nov. 23, 
        1942.
---------------------------------------------------------------------------

        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker: (15) Evidently a quorum is not present.
---------------------------------------------------------------------------
15. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        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: On this rollcall 188 Members have answered to 
    their names, not a quorum.

                                Adjournment

        Mr. Albert: Mr. Speaker, I move that the House do now adjourn.
        The motion was agreed to; accordingly (at 1 o'clock and 22 
    minutes p.m.), the House adjourned until tomorrow, Tuesday, 
    September 24, 1968, at 12 o'clock noon.

Sec. 8.22 A motion to adjourn is not entertained after a call of the 
    House has been ordered.

    On June 4, 1963,(16) Speaker John W. McCormack, of 
Massachusetts, refused to entertain a motion to adjourn.
---------------------------------------------------------------------------
16. 109 Cong. Rec. 10152, 10153, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, since 
    45 or 50

[[Page 3613]]

    Members have left the floor, I make the point of order a quorum is 
    not present.
        The Speaker: Evidently a quorum now 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 Speaker: The Clerk will call the roll.
        Mr. Williams: Mr. Speaker, I move that the House do now 
    adjourn.
        The Speaker: The Chair will state that a call of the House has 
    been ordered.
        The Clerk will call the roll.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this roll call 332 Members have answered to 
    their names, a quorum.
        By unanimous consent further proceedings under the call were 
    dispensed with.

    Parliamentarian's Note: But see 8 Cannon's Precedents Sec. 2644 
where a motion to adjourn has been entertained when the House was 
dividing on a motion for a call of the House but before a call was 
finally ordered.

Sec. 8.23 In response to a parliamentary inquiry, the Chair advised 
    that a motion to adjourn was not in order, where a call of the 
    House had been ordered.

    On June 3, 1950,(1) Speaker pro tempore Carl Albert, of 
Oklahoma, refused to entertain a motion to adjourn.
---------------------------------------------------------------------------
 1. 106 Cong. Rec. 11828, 11829, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Silvio O.] Conte [of Massachusetts]: Mr. Speaker, I make 
    the point of order that a quorum is not present.
        The Speaker Pro Tempore: Obviously a quorum is not present.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I move 
    a call of the House.
        A call of the House was ordered.
        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hoffman of Michigan: Is a motion to adjourn in order?
        The Speaker Pro Tempore: Not now. The Chair will advise that a 
    call of the House has been ordered.
        Mr. Hoffman of Michigan: Can a member of the minority----
        The regular order was demanded.
        The Speaker Pro Tempore: The regular order is demanded. The 
    Clerk will call the roll.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .

    Parliamentarian's Note: The House refused to adjourn pending 
special orders obtained to give Members an opportunity to sign a 
discharge petition. The 219th name was affixed to the petition at 
approximately 4:00 p.m., and the House adjourned shortly thereafter.

Sec. 8.24 When a Member holding the floor under a special

[[Page 3614]]

    order is interrupted by a call of the House, he is again entitled 
    to the floor when a motion to dispense with further proceedings 
    under the call has been agreed to; the Chair refuses to entertain a 
    motion to adjourn unless the Member having the floor yields for 
    that purpose.

    On June 4, 1963,(2) during time allotted for special 
orders, Speaker John W. McCormack, of Massachusetts, refused to 
entertain a motion to adjourn where another Member had the floor during 
a special order.
---------------------------------------------------------------------------
 2. 109 Cong. Rec. 10154, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

    During the progress of a special order, Mr. Clark MacGregor, of 
Minnesota, had been recognized for and was proceeding in debate when 
the following transpired:

        Mr. [Robert A.] Everett [of Tennessee]: 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 Speaker: On this rollcall [No. 65] 332 Members have 
    answered to their names, a quorum.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I 
    object.
        Mr. Albert: Mr. Speaker, I move that further proceedings under 
    the call may be dispensed with.
        The question was taken; and on a division (demanded by Mr. 
    Williams) there were--ayes 210, noes 0.
        So the motion was agreed to.
        Mr. [James] Roosevelt [of California]: Mr. Speaker, I move that 
    the House do now adjourn.
        The Speaker: Does the gentleman from Minnesota yield for that 
    purpose?
        Mr. MacGregor: Mr. Speaker, I respectfully decline to yield to 
    the gentleman from California for that purpose.

Motion to Recess

Sec. 8.25 A motion for a recess not being a privileged matter in the 
    House, it is not in order, even in the absence of a quorum.

    On May 14, 1930,(3) the Speaker pro tempore, John Q. 
Tilson, of Connecticut, ruled on a motion to recess, as follows:
---------------------------------------------------------------------------
 3. 72 Cong. Rec. 8961, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: On this roll call 198 Members have 
    answered to their names, not a quorum.
        Mr. [James C.] Ketcham [of Michigan]: A parliamentary inquiry, 
    Mr. Speaker.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Ketcham: Would it be in order to offer a motion to recess 
    until 10

[[Page 3615]]

    o'clock tomorrow or, if that be not in order, until 10 o'clock on 
    next Calendar Wednesday?
        The Speaker Pro Tempore: No motion is in order except a motion 
    to adjourn, a quorum not being present.

Declaration of Recess

Sec. 8.26 The Speaker may not declare a recess and interrupt a roll 
    call under Rule XV clause 4,(4) even though the House 
    has by unanimous consent previously given him authority to declare 
    a recess at any time for the remainder of the session.
---------------------------------------------------------------------------
 4. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Oct. 11, 1962,(5) the House had granted permission to 
declare a recess as follows:
---------------------------------------------------------------------------
 5. 108 Cong. Rec. 23207, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that for the balance of this week it may be in order for 
    the Speaker to declare a recess at any time, subject to the call of 
    the Chair.
        The Speaker: Is there objection to the request of the gentleman 
    from Oklahoma?
        There was no objection.

    On Oct. 12,(6) during a roll call on H.R. 12900, the 
public works appropriations bill for 1963, Speaker John W. McCormack, 
of Massachusetts, made a ruling regarding the time for declaring a 
recess.
---------------------------------------------------------------------------
 6. Id. at p. 23434.
---------------------------------------------------------------------------

        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 the present situation 
    the Chair may not declare a recess with a rollcall in process.

    Parliamentarian's Note: This precedent does not address the 
question whether the Chair could declare a recess when the roll call 
was completed if a quorum had not voted. There is no precedent directly 
on that question. See, however, 4 Hinds' Precedents Sec. 2965, 5 Hinds' 
Precedents Sec. Sec. 6665, 6666 and 6 Cannon's Precedents Sec. 664.

Motion for Call of the House Pending After Rejection of Motion to 
    Adjourn

Sec. 8.27 A pending motion for a call of the House, preempted by a 
    motion to adjourn, remains pending if the motion to adjourn is 
    rejected.

    On June 4, 1963,(7) Speaker John W. McCormack of 
Massachu
---------------------------------------------------------------------------
 7. 109 Cong. Rec. 10152, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 3616]]

setts, by unanimous consent ordered a call of the House immediately 
after a vote on adjournment.

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, a point 
    of order.
        The Speaker Pro Tempore: (8) The gentleman will 
    state it.
---------------------------------------------------------------------------
 8. G. Elliott Hagan (Ga.).
---------------------------------------------------------------------------

        Mr. Williams: Mr. Speaker, if they are going to clutter up the 
    Record with this stuff, I think the rest of the Members ought to be 
    present to hear it. I make the point of order that a quorum is not 
    present.
        The Speaker Pro Tempore: The Chair will count. [After 
    counting.] Thirty-eight Members are present, not a quorum.

                             Call of the House

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        Mr. Williams: Mr. Speaker, I move that the House do now 
    adjourn.
        The Speaker: The question is on the motion of the gentleman 
    from Mississippi.
        The motion was rejected.
        The Speaker: Without objection, a call of the House is ordered.
        There was no objection.
        The Clerk called the roll and the following Members failed to 
    answer to their names: . . .
        The Speaker: Three hundred and forty Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

Senate Precedents

Sec. 8.28 When the Senate adopts an order for a recess at the 
    conclusion of its day's business to a day or hour certain, a motion 
    may be made in the absence of a quorum to take a recess pursuant to 
    such order; but a motion to take a recess or take a recess to an 
    hour certain is not in order in the absence of a quorum, nor is it 
    in order to entertain a motion to recess or to recess to an hour 
    certain after the absence of a quorum has been determined unless 
    such previous order has been adopted.

    On July 27, 1962,(9) the Senate agreed to recess at the 
conclusion of its business for that day and, later, did recess (in the 
absence of a quorum) as follows:
---------------------------------------------------------------------------
 9. 108 Cong. Rec. 14895, 14948, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Michael J.] Mansfield [of Montana]: Mr. President, I ask 
    unanimous consent that when the Senate concludes its business 
    tonight, it recess to meet at 10 o'clock tomorrow morning.
        The Vice President: (10) Is there objection? The 
    Chair hears none and it is so ordered. . . .
---------------------------------------------------------------------------
10. Lyndon B. Johnson (Tex.).
---------------------------------------------------------------------------

        Mr. [Wayne L.] Morse [of Oregon]: Mr. President, I suggest the 
    absence of

[[Page 3617]]

    a quorum, and I ask that it be a live quorum. . . .
        The Presiding Officer: A quorum is not present.

                         Recess to 10 A.M. Tomorrow

        Mr. [George A.] Smathers [of Florida]: Mr. President, I move 
    that the Senate recess in accordance with the previous order.
        The motion was agreed to; and (at 10 o'clock and 14 minutes 
    p.m.), under the previous order, the Senate recessed until 
    tomorrow, Saturday, July 28, 1962, at 10 a.m.

    On July 28,(11) Vice President Johnson ruled on a motion 
to recess in the absence of a quorum.
---------------------------------------------------------------------------
11. 108 Cong. Rec. 14952, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        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: . . .
        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, I move that the Senate stand in 
    recess until Monday, at noon.
        The Vice President: That motion is not in order. A motion to 
    adjourn would be in order.

Sec. 8.29 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,(12) a quorum was established, as 
follows:
---------------------------------------------------------------------------
12. 114 Cong. Rec. 27814, 27815, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        The President Pro Tempore: (13) 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.
---------------------------------------------------------------------------
13. Carl Hayden (Ariz.).
---------------------------------------------------------------------------

        The bill clerk called the roll, and the following Senators 
    answered to their names. . . .

[[Page 3618]]

        The Presiding Officer: (14) A quorum is not present.
---------------------------------------------------------------------------
14. 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.

    Parliamentarian's Note: Under House procedures, where a quorum 
fails to respond on a vote on a pending matter or motion, and the House 
adjourns, the unfinished business when the House reconvenes is the vote 
on the pending matter; but where the House simply adjourns in the 
absence of a quorum, a quorum is presumed present when the House 
reconvenes and there is no requirement to affirmatively establish a 
quorum.