[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[A. Calls of the House]
[Â§ 9. To Dispense With Further Proceedings Under the Call]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3618-3631]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 9.-- To Dispense With Further Proceedings Under the Call

    Appearance of a quorum and passage of the motion to dispense with 
further proceedings are necessary before pending business may be 
resumed (15) following a call of the House ordered on motion 
under Rule XV clause 2(a).(16) Agreement to the motion 
terminates the call of the House,(17) and efforts to call 
other Members to the Chamber,(18) including notation of 
absentees, arrest, and discharge of Members, and opens the 
doors.(19) The motion is not required on automatic votes by 
the yeas and nays because Rule XV clause 4,(20) which 
authorizes this procedure, provides that when the Speaker declares that 
a quorum is constituted, ``further proceedings under the call shall be 
considered as dispensed with.'' (1)
---------------------------------------------------------------------------
15. Sec. 9.7, infra.
16. House Rules and Manual Sec. 768 (1979)
17. Sec. 9.8, infra.
18. Sec. 9.10, infra.
19. Sec. Sec. 9.9, 9.10, infra.
20. House Rules and Manual Sec. 773 (1979).
 1. Id.
---------------------------------------------------------------------------

    The motion is not in order when a motion to arrest absent Members 
is pending,(2) and is not entertained until a quorum 
responds on the call,(3) is not preferential to
---------------------------------------------------------------------------
 2. 4 Hinds' Precedents Sec. Sec. 3029, 3037, and annotation to Rule XV 
        clause 2(a), House Rules and Manual Sec. 770 (1979)
 3. 6 Cannon's Precedents Sec. 689, and annotation to Rule XV clause 
        2(a), House Rules and Manual Sec. 770 (1979).
---------------------------------------------------------------------------

[[Page 3619]]

a motion to adjourn,(4) but is not subject to challenge on a 
point of order of no quorum.(5) Unless a majority agrees to 
the motion, however, pending business cannot resume (6) and 
efforts to secure the attendance of absentees continue until all 
Members have been called for.(7)
---------------------------------------------------------------------------
 4. 8 Cannon's Precedents Sec. Sec. 2643, 2644; Sec. 9.4, infra.
 5. Sec. Sec. 9.12, 9.13, infra.
 6. Sec. 9.7, infra.
 7. Sec. 9.10, infra.
---------------------------------------------------------------------------

    A recently adopted rule, Rule XV clause 6(a)(4), adopted Apr. 9, 
1974, provides that points of no quorum will not be in order ``during 
the offering, consideration, and disposition of any motion incidental 
to a call of the House.'' (Motions to dispense with proceedings under 
the call are considered ``incidental to a call of the House.'') Clause 
6(e)(2) of Rule XV was amended in the 96th Congress to automatically 
dispense with further proceedings under any call of the House when a 
quorum appears unless the Speaker in his discretion recognizes for a 
motion. The effects of these recent provisions will be discussed in 
supplements to this 
edition.                          -------------------

Tabling of Motion

Sec. 9.1 Since the motion to dispense with further proceedings under a 
    call of the House is neither debatable nor amendable, the motion to 
    table (Rule XVI clause 4) (8) is not in order.
---------------------------------------------------------------------------
 8. House Rules and Manual Sec. 782 (1979).
---------------------------------------------------------------------------

    On Aug. 27, 1962,(9) during consideration of Senate 
Joint Resolution 29, an amendment pertaining to qualification of 
electors, Speaker John W. McCormack, of Massachusetts, made a ruling 
regarding the motion to dispense with further 
proceedings.(10)
---------------------------------------------------------------------------
 9. 108 Cong. Rec. 17653, 87th Cong. 2d Sess.
10. See 114 Cong. Rec. 26453, 90th Cong. 2d Sess., Sept. 11, 1968, for 
        another illustration of this principle.
---------------------------------------------------------------------------

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I 
    demand that the Journal be read in full.
        The Speaker: The Clerk will read the Journal in full.
        The Clerk continued with the reading of the Journal.
        Mr. Williams (interrupting reading of the Journal): Mr. 
    Speaker, I make the point of order that a quorum is not present.
        The Speaker: The Chair will count. [After counting.] Seventy-
    eight Members are present, not a quorum.
        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: . . .

[[Page 3620]]

        The Speaker: On this rollcall, 356 Members have answered to 
    their names, a quorum.
        Mr. Williams: Mr. Speaker, I object to dispensing with further 
    proceedings under the call of the House.
        Mr. Albert: Mr. Speaker, I move that further proceedings under 
    the call of the House be dispensed with.
        The Speaker: The question is on the motion.
        Mr. Williams: Mr. Speaker, I move to lay that motion on the 
    table.
        Mr. Albert: Mr. Speaker, I make the point of order that the 
    motion to lay on the table is not in order.
        The Speaker: The motion to dispense with further proceedings 
    under the call is not debatable and not subject to amendment and, 
    therefore, the motion to lay on the table is not in order.
        The question is on the motion to dispense with further 
    proceedings under the call.
        The question was taken.

    Parliamentarian's Note: Three quorum calls and two record votes on 
dispensing with further proceedings under the quorum calls interrupted 
reading of the Journal and delayed the Speaker's recognition of a 
Member to move to suspend the rules and pass a joint resolution 
proposing a constitutional amendment to abolish use of a poll tax as a 
qualification for voting in elections of federal officials.

Effect of Adoption or Rejection of Motion

Sec. 9.2 A Member failing to respond on a call of the House may not be 
    recorded as present on that roll call if the House has already 
    agreed to a motion to dispense with further proceedings under the 
    call.

    On Apr. 3, 1935, (11) the Speaker pro tempore made a 
ruling relating to recording a Member.
---------------------------------------------------------------------------
11. 79 Cong. Rec. 4925, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (~12) Three hundred and 
    forty-four Members have answered to their names, a quorum.
---------------------------------------------------------------------------
12. John E. Rankin (Miss.).
---------------------------------------------------------------------------

        Mr. [Edward T.] Taylor of Colorado: Mr. Speaker, I move to 
    dispense with further proceedings under the call.
        The motion was agreed to.
        The doors were opened.
        Mr. [John J.] McSwain [of South Carolina]: Mr. Speaker, I was 
    present and did not hear my name called. I desire to have my name 
    called and to answer ``present.''
        The Speaker Pro Tempore: The request of the gentleman comes too 
    late, but the Record will show that he is here. The gentleman from 
    Texas is recognized for 1 hour.

Sec. 9.3 If 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 Mem

[[Page 3621]]

    bers to make the full membership.

    On July 29, 1946,(13) a motion to dispense with further 
proceedings under the call was rejected.
---------------------------------------------------------------------------
13. 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:(1~4) On this roll call 240 Members have 
    answered to their names, a quorum.
---------------------------------------------------------------------------
14. 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.
        The question was taken; and on a division (demanded by Mr. 
    Hook) there were--ayes 115, noes 1. . . .
        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 the full membership.

Precedence of Motion to Adjourn

Sec. 9.4 A yea and nay vote that the House adjourn takes precedence 
    over a vote on dispensing with further proceedings under a call of 
    the House.

    On Feb. 15, 1950,(15) Speaker Sam Rayburn, of Texas, 
entertained a motion to adjourn following a division vote dispensing 
with further proceedings under a call of the House, and when the House 
refused to adjourn, put the question de novo on the motion to dispense 
with proceedings under the call.
---------------------------------------------------------------------------
15. 96 Cong. Rec. 1810, 1811, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I move 
    that further proceedings under the call be dispensed with.
        The Speaker: The question is on the motion offered by the 
    gentleman from Massachusetts [Mr. McCormack].
        The question was taken; and on a division (demanded by Mr. 
    Pickett) there were--ayes 126, noes 17. . . .
        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, a preferential 
    motion. I move that the House do now adjourn; and on that motion I 
    ask for the yeas and nays.

[[Page 3622]]

        The yeas and nays were ordered.
        The question was taken; and there were--yeas 126, nays 198, not 
    voting, 103, as follows: . . .
        The result of the vote was announced as above recorded.
        The Speaker: The question is on the motion of the gentleman 
    from Massachusetts [Mr. McCormack] to dispense with further 
    proceedings under the call.
        Mr. [Thomas J.] Pickett [of Texas]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Pickett: Mr. Speaker, at the time the gentleman from 
    Michigan moved to adjourn, the Speaker had just stated what the 
    question was--which was the motion of the gentleman from 
    Massachusetts [Mr. McCormack] to dispense with further proceedings 
    under a preceding call of the House. I objected to the vote, as was 
    revealed by a division on the question, on the ground that a quorum 
    was not present. Is not now the order of business an automatic roll 
    call on the motion of the gentleman from Massachusetts [Mr. 
    McCormack]?
        The Speaker: No; it is not. The vote now comes de novo.
        The question is on the motion of the gentleman from 
    Massachusetts [Mr. McCormack].

    Parliamentarian's Note: Under 8 Cannon's Precedents Sec. Sec. 2643, 
2644, the motion to adjourn takes precedence over the motion to 
dispense with further proceedings.

Member Retains Floor After the Call

Sec. 9.5 When a Member holding the floor 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.

    On June 4, 1963,(16) Speaker John W. McCormack, of 
Massachusetts, ruled on the right of a Member to hold the floor under a 
special order after the House had agreed to a motion to dispense with 
further proceedings under the call of the House.(17)
---------------------------------------------------------------------------
16. 109 Cong. Rec. 10154, 88th Cong. 1st Sess.
17. For the proceedings of the House on this date, see Sec. 8.24, 
        supra.
---------------------------------------------------------------------------

Receipt of Senate Message During Pendency of Motion

Sec. 9.6 A message from the Senate was received following a call of the 
    House while a motion to dispense with further proceedings under the 
    call was pending and prior to the reading and approval of the 
    Journal.

    On Sept. 11, 1968,(1) Speaker John W. McCormack, of 
Massachusetts, received a message while a motion to dispense with 
proceedings was pending and before the Journal had been read.
---------------------------------------------------------------------------
 1. 114 Cong. Rec. 26453, 26454, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: On this roll call 356 Members have answered to 
    their names, a quorum.

[[Page 3623]]

        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. [Robert] Taft [Jr., of Ohio]: Mr. Speaker, I object.
        The Speaker: The gentleman objects? The Chair wishes to get the 
    Record correct. The gentleman objects to further proceedings under 
    the call being dispensed with?
        Mr. Taft: I do object, Mr. Speaker.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move that 
    further proceedings under the call be dispensed with. . . .
        The Speaker: . . . Before presenting the motion, the Chair will 
    receive a message.

                          Message From the Senate

        The Doorkeeper: Mr. Speaker, message from the Senate.
        The Secretary (Mr. Arrington): Mr. Speaker----
        The Speaker: Mr. Secretary.
        The Secretary: Mr. Speaker, I have been directed by the Senate 
    to inform the House that the Senate has agreed to the conference 
    report on the bill S. 3293, to authorize appropriations during the 
    fiscal year 1969 for procurement of aircraft, missiles, naval 
    vessels, and tracked combat vehicles, research, development, test, 
    and evaluation for the Armed Forces, and to prescribe the 
    authorized personnel strength of the Selected Reserve of each 
    Reserve component of the Armed Forces, and for other purposes

    Parliamentarian's Note: Under Rule XV clause 6(a)(3), adopted Apr. 
9, 1974, a quorum is not required to receive a message from the Senate.

Effect on Pending Business

Sec. 9.7 After a quorum has responded on a call of the House, further 
    proceedings under the call must be dispensed with before the House 
    can proceed with pending business.

    On Oct. 8, 1968,(2) a point of no quorum and a call of 
the House having interrupted the reading of the Journal, Speaker John 
W. McCormack, of Massachusetts, made a statement regarding the need for 
a motion to dispense with further proceedings after a quorum had 
responded on the call.
---------------------------------------------------------------------------
 2. 114 Cong. Rec. 30094, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Brock] Adams [of Washington]: Mr. Speaker, a further 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Adams: It is my understanding that under rule XV--and I 
    direct this as a parliamentary inquiry--that though the call had 
    been made, if there was not a motion made for a majority vote to go 
    and get the Members, and a quorum was present and the doors were 
    locked, the business could proceed even though the call had been 
    started? Is that correct or incorrect?
        The Speaker: The Chair will state that further proceedings--in 
    this case the reading of the Journal--could not proceed until 
    further proceedings

[[Page 3624]]

    under the call have been dispensed with.

Adoption of Motion Terminates Call

Sec. 9.8 A motion to dispense with further proceedings under a call of 
    the House may be agreed to by less than a quorum, if a quorum has 
    responded on the call.

    On May 14, 1930,(3) a motion to dispense with further 
proceedings ended the call of the House.
---------------------------------------------------------------------------
 3. 72 Cong. Rec. 8962, 8963, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Charles R.] Crisp [of Georgia]: Then, Mr. Speaker, I move 
    to dispense with further proceedings under the call.
        The Speaker Pro Tempore [John Q. Tilson, of Connecticut]: The 
    question is on the motion of the gentleman from Georgia to dispense 
    with further proceedings under the call.
        The question was taken; and on a division (demanded by Mr. 
    Stafford) there were--ayes 83, noes 22.
        Mr. [William H.] Stafford [of Wisconsin]: Mr. Speaker, I object 
    to the vote because there is no quorum present, and make the point 
    of order that there is no quorum present. . . .
        The Speaker Pro Tempore: It does not require a quorum to 
    dispense with further proceedings under the call.(4)
---------------------------------------------------------------------------
 4. See also Sec. 9.11, infra.
---------------------------------------------------------------------------

Sec. 9.9 Passage of the motion to dispense with further proceedings 
    opens the doors after a call of the House.

    On May 14, 1930,(5) Speaker pro tempore John Q. Tilson, 
of Connecticut, responded to a parliamentary inquiry regarding the 
purpose of the motion to dispense with further proceedings.
---------------------------------------------------------------------------
 5. 72 Cong. Rec. 8963, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Earl C.] Michener [of Michigan]: My question was, whether, 
    under the proceedings of the House, where absentees are ordered to 
    be arrested and brought in, where the doors are closed, where the 
    roll is called, and where the absentees are brought in one at a 
    time and brought before the bar of the House to answer to their 
    names, and immediately the Speaker announces that a quorum is 
    present, and the next thing to do is to move to dispense with 
    further proceedings under the call, the doors cannot be opened 
    until that motion is agreed to.
        The Speaker Pro Tempore: The gentleman is correct in his 
    statement. The Chair takes no issue with him.

Sec. 9.10 The purpose of the motion to dispense with further 
    proceedings under the call, a matter decided by the membership, is 
    to open the doors and terminate efforts to call other Members to 
    the Chamber; if the motion is not agreed to, the call of the House 
    continues until all Members are sent for.

[[Page 3625]]

    On Feb. 22, 1950,(6) [Calendar Wednesday], Speaker Sam 
Rayburn, of Texas, made a ruling regarding the House's decisionmaking 
responsibility on a motion to dispense with further proceedings.
---------------------------------------------------------------------------
 6. 96 Cong. Rec. 2160, 2161, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Keefe: Where a point of order of no quorum has been made 
    and the Speaker directs the calling of the roll, and at the 
    conclusion of the calling of the roll a quorum is established, what 
    further proceedings under the call are contemplated that require 
    the making of a motion that further proceedings under the call be 
    dispensed with, and force another roll call on that issue?
        The Speaker: It might be possible that the Members present 
    would want to call other Members to the session; they might want to 
    send out to get absent Members.
        Mr. Keefe: With all due deference to the Speaker, I am merely 
    seeking information. I have been here 12 years and this is a matter 
    that has always bothered me and bothered many other Members of the 
    House. Is there any reason why further proceedings should be had 
    once the call of the roll indicates the presence of a quorum?
        The Speaker: That is a matter to be decided by the membership 
    of the House. They may want other Members here for the 
    consideration of certain business; they could have a further call 
    of the House and send out and get the absent Members.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, may I 
    be heard?
        The Speaker: The Chair recognizes the gentleman from 
    Massachusetts.
        Mr. McCormack: The Speaker is absolutely correct, but may I not 
    add the further thought that when a quorum call is made the doors 
    are closed, and the Sergeant at Arms is directed to notify absent 
    Members. There are certain procedures that must be followed after 
    the calling of the roll, such as the opening of the doors. 
    Furthermore, when a quorum call is made it presumably continues or 
    could continue until Members are sent for. That motion is made to 
    bring it to a definite conclusion.

Quorum Requirement

Sec. 9.11 A motion to dispense with further proceedings under a call of 
    the House does not require a quorum for adoption.

    On July 23, 1942,(7) after a quorum had responded on a 
call of the House, Speaker Sam Rayburn, of Texas, made a ruling 
respecting the motion to dispense with further 
proceedings.(8)

        The Speaker: Without objection, further proceedings under the 
    call will be dispensed with.
---------------------------------------------------------------------------
 7. 88 Cong. Rec. 6542, 77th Cong. 2d Sess.
 8. See also 86 Cong. Rec. 13043, 76th Cong. 3d Sess., Oct. 8, 1940.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin of Mississippi: Mr. Speaker, I object to 
    that.

[[Page 3626]]

        Mr. [Adolph J.] Sabath [of Illinois]: Mr. Speaker, I move to 
    dispense with further proceedings under the call.
        The Speaker: The question is on dispensing with further 
    proceedings under the call.
        The question was taken; and on a division (demanded by Mr. 
    Rankin of Mississippi) there were--ayes 101, noes 5.
        Mr. Rankin of Mississippi: Mr. Speaker, I object to the vote 
    upon the ground that there is no quorum present and make the point 
    of order that there is no quorum present.
        The Speaker: The Chair overrules the point of order, because 
    the House can dispense with further proceedings under the call 
    without the presence of a quorum.(~9)
---------------------------------------------------------------------------
 9. Parliamentarian's Note: Motions incidental to a call of the House 
        do not require a quorum for adoption. This principle was 
        formally incorporated into Rule XV clause 6(a)(4) on Apr. 9, 
        1974.
---------------------------------------------------------------------------

        The gentleman from Mississippi is out of order at the moment. 
    The Chair has already ruled, and in conformity with a long line of 
    decisions.
        So the motion to dispense with further proceedings under the 
    call was agreed to.

Sec. 9.12 A motion to dispense with further proceedings under a call of 
    the House is not subject to a point of no quorum where the call has 
    disclosed the presence of a quorum.

    On Oct. 8, 1968,(10) during the reading of the Journal, 
Speaker John W. McCormack, of Massachusetts, refused to entertain a 
point of no quorum.
---------------------------------------------------------------------------
10. 114 Cong. Rec. 30090, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Donald] Rumsfeld [of Illinois]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: The gentleman from Illinois makes the point of 
    order that a quorum is not present. Evidently a quorum is not 
    present.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 279 Members have answered to 
    their names, a quorum.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. Rumsfeld: Mr. Speaker, I object to dispensing with further 
    proceedings under the call.
        Mr. [Ray J.] Madden [of Indiana]: Mr. Speaker, I move that 
    further proceedings under the call be dispensed with.
        Mr. [Robert] Taft [Jr., of Ohio]: Mr. Speaker, I object.
        The Speaker: The gentleman from Indiana [Mr. Madden] has moved 
    that further proceedings under the call be dispensed with. An 
    objection is not in order.
        The question is on the motion offered by the gentleman from 
    Indiana.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. Taft: Mr. Speaker, I object to the vote on the ground that 
    a quorum

[[Page 3627]]

    is not present and make the point of order that a quorum is not 
    present.
        The Speaker: The Chair will state that the rollcall that has 
    just been concluded discloses that a quorum is present and no 
    business has been transacted up to this point.
        So the motion was agreed to.

Sec. 9.13 A motion to dispense with further proceedings under a call of 
    the House, while not entertained until a quorum responds on the 
    call, may be agreed to by less than a quorum thereafter.

    On Sept. 11, 1968,(11) Speaker John W. McCormack, of 
Massachusetts, ruled on the quorum requirement for a motion to dispense 
with further proceedings under the call.
---------------------------------------------------------------------------
11. 114 Cong. Rec. 26453, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Donald] Rumsfeld [of Illinois]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: The gentleman from Illinois makes the point of 
    order that a quorum is not present, and evidently a quorum is not 
    present.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall [No. 314] 356 Members have 
    answered to their names, a quorum.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. [Robert] Taft [Jr., of Ohio]: Mr. Speaker, I object.
        The Speaker: The gentleman objects? The Chair wishes to get the 
    Record correct. The gentleman objects to further proceedings under 
    the call being dispensed with?
        Mr. Taft: I do object, Mr. Speaker.
        Mr. Albert: Mr. Speaker, I move that further proceedings under 
    the call be dispensed with. . . .
        Before presenting the motion, the Chair will receive a message.

                          Message From the Senate

        The Doorkeeper: Mr. Speaker, a message from the Senate. . . .

         Motion to Dispense With Further Proceedings Under the Call

        The Speaker: The question is on the motion offered by the 
    gentleman from Oklahoma [Mr. Albert].
        The question was taken; and the Speaker announced that ayes 
    appeared to have it.
        Mr. [Thomas B.] Curtis [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: The Chair will refer the gentleman to the rules of 
    the House; and under the rules of the House it does not require a 
    quorum to dispense with further proceedings under the call.
        Mr. Curtis: Mr. Speaker, I demand tellers.
        Tellers were ordered, and the Speaker appointed as tellers Mr. 
    Albert and Mr. Curtis.

[[Page 3628]]

        The House divided, and the tellers reported that there were--
    ayes 100, noes 64.
        Mr. Rumsfeld: Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were refused.
        So the motion was agreed to.

Yea and Nay Votes

Sec. 9.14 The yeas and nays have been ordered on a motion to dispense 
    with further proceedings under a call of the House, where a quorum 
    had appeared on the call.

    On June 5, 1946,(12) the yeas and nays were ordered on a 
motion to dispense with the call.
---------------------------------------------------------------------------
12. 92 Cong. Rec. 6354, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: (13) On this roll call 290 Members have 
    answered to their names, a quorum.
---------------------------------------------------------------------------
13. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        Mr. [Graham A.] Barden [of North Carolina]: Mr. Speaker, I move 
    that further proceedings under the roll call be dispensed with.

        Mr. [Thomas G.] Abernethy [of Mississippi]: Mr. Speaker, on 
    that I demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 284, nays 6, not 
    voting 140, as follows: . . .

Sec. 9.15 Because the motion to dispense with further proceedings under 
    a call of the House (an incidental motion once a quorum has 
    responded on the call) may be agreed to by less than a quorum, 
    objection to the vote thereon on the ground that a quorum is not 
    present does not force an automatic roll call under Rule XV clause 
    4.(14)
---------------------------------------------------------------------------
14. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Sept. 11, 1968,(15) an automatic roll call did not 
result after a Member, Thomas B. Curtis, of Missouri, objected to the 
vote on the motion to dispense with further proceedings on the ground 
that a quorum was not present and made a point of order to that effect.
---------------------------------------------------------------------------
15. 114 Cong. Rec. 26453, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

         Motion to Dispense With Further Proceedings Under the Call

        The Speaker: (16) The question is on the motion 
    offered by the gentleman from Oklahoma [Mr. Albert].
---------------------------------------------------------------------------
16. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The question was taken; and the Speaker announced that ayes 
    appeared to have it.
        Mr. Curtis: Mr. Speaker, I object to the vote on the ground 
    that a quorum is not present and make the point of order that a 
    quorum is not present.
        The Speaker: The Chair will refer the gentleman to the rules of 
    the

[[Page 3629]]

    House; and under the rules of the House it does not require a 
    quorum to dispense with further proceedings under the call.
        Mr. Curtis: Mr. Speaker, I demand tellers.
        Tellers were ordered, and the Speaker appointed as tellers Mr. 
    Albert and Mr. Curtis.
        The House divided, and the tellers reported that there were--
    ayes 100, noes 64.
        Mr. [Donald] Rumsfeld [of Illinois]: Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were refused.
        So the motion was agreed to.

Sec. 9.16 After a quorum has been established by a call of the House 
    pursuant to Rule XV clause 2(a),(17) a motion to 
    dispense with further proceedings under the call does not require a 
    quorum for adoption [and therefore an ``automatic roll-call'' under 
    Rule XV, clause 4, is not in order on the motion].
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17. See House Rules and Manual Sec. 768 (1979).
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    On Aug. 15, 1972,(18) Speaker Carl Albert, of Oklahoma, 
refused to entertain a point of no quorum on a motion to dispense with 
proceedings under the call.
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18. 118 Cong. Rec. 28255, 92d Cong. 2d Sess.
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        Mr. [Donald M.] Fraser [of Minnesota]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: Evidently, a quorum is not present.
        Mr. [James A.] Byrne [of Pennsylvania]: 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 366 Members have answered to 
    their names, a quorum.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. Fraser: Mr. Speaker, I do object to dispensing with further 
    proceedings under the rollcall.
        The Speaker: The question is on dispensing with further 
    proceedings under the call.
        The question was taken; and the Speaker announced that the ayes 
    had it.
        Mr. Fraser: Mr. Speaker, I object to the vote on the ground 
    that a quorum was not present and make the point of order that a 
    quorum is not present.
        The Speaker: The Chair will remind the gentleman that the House 
    has just established a quorum and there has been no intervening 
    business. There is a quorum present. Under the call of the House a 
    quorum is present.

Objections to Dispensing With Further Proceedings Under the Call

Sec. 9.17 Where objection is made to a unanimous-consent request to 
    dispense with further proceedings under a

[[Page 3630]]

    call, the Chair may put the question to the House for a vote.

    On Jan. 23, 1950,(19) Speaker Sam Rayburn, of Texas, put 
the question to dispense with further proceedings to a vote.
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19. 96 Cong Rec. 772, 81st Cong. 2d Sess.
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        The Speaker: On this roll call 392 Members have answered to 
    their names; a quorum is present.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. [James C.] Davis of Georgia: Mr. Speaker, I object.
        The Speaker: The question is on the motion to dispense with 
    further proceedings under the call.
        The question was taken; and on a division (demanded by Mr. 
    Davis of Georgia) there were--ayes 144, noes 11. . . .
        Mr. Davis of Georgia: Mr. Speaker, I demand the yeas and nays 
    on this vote.
        The yeas and nays were refused.

        So the motion to dispense with further proceedings on the call 
    was agreed to.

Sec. 9.18 Where objection is raised to a unanimous-consent request to 
    dispense with further proceedings under a call of the House, a 
    motion to that effect is in order.

    On Oct. 8, 1968,(20), Speaker John W. McCormack, of 
Massachusetts, made a statement as to the effect of an objection to a 
request to dispense with further proceedings under a call of the House.
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20. 114 Cong. Rec. 30212, 90th Cong. 2d Sess.
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        The Speaker: The Chair will recognize the gentleman on a 
    parliamentary inquiry.
        Mr. [Brock] Adams [of Washington]: Mr. Speaker, I am reserving 
    the right to object.
        As part of my reservation, Mr. Speaker the previous 
    parliamentary inquiry was for the situation where a quorum was not 
    present, but now, under the rule I am inquiring of the Chair about 
    as part of my reservation, I am asking whether or not, if I object, 
    will the call then proceed and those absent without excuse will be 
    required to come to the Chamber ``and their attendance secured and 
    retained; and the House shall determine upon what condition they 
    shall be discharged'' ?
        The Speaker: The Chair will state that if any Member should 
    object, a motion to dispense with further proceedings under the 
    call would be in order, and the Chair would put the motion.

Sec. 9.19 Objection having been raised to a unanimous-consent request 
    to dispense with further proceedings under a call of the House, the 
    question was moved and agreed to on a division vote.

    On June 4, 1953,(21) the House voted on a motion to 
dispense with further proceedings.
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21. 109 Cong. Rec. 10151, 10152, 10154, 88th Cong. 1st Sess.
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[[Page 3631]]

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        The Speaker: (1) The question is on the motion of 
    the gentleman from Oklahoma.
---------------------------------------------------------------------------
 1. John W. McCormack (Mass.).
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        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, on that 
    I ask for a division.
        The question was taken; and there were--ayes 154, noes 2.
        So 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 339 Members have answered to 
    their names, a quorum is present.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. Williams: I object, Mr. Speaker.
        Mr. Albert: Mr. Speaker, I move that further proceeding under 
    the call be dispensed with.
        The question was taken; and on a division (demanded by Mr. 
    Williams) there were--ayes 213, noes 8.
        So the motion was agreed to.