[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[B. Effect of Presence or Absence of a Quorum]
[Â§ 10. Introductory]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3631-3649]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
              B. EFFECT OF PRESENCE OR ABSENCE OF A QUORUM
 
Sec. 10. Introductory


    This section focuses on the effect of presence or absence of a 
quorum, including an analysis of proceedings which do and do not 
require a quorum. An axiom of parliamentary procedure is that the House 
cannot conduct business after the absence of a quorum has been 
announced.(2) However, ``business'' is a term of art which 
does not encompass all activities.
---------------------------------------------------------------------------
 2. Sec. Sec. 10.4-10.7, infra.
---------------------------------------------------------------------------

    Prior to inclusion in the 93d Congress of clause 6 (a)-(d), Rule 
XV, on Apr. 9, 1974,(3) as amended by the addition of 
paragraph (e) on Jan. 4, 1977,(4) in the 95th Congress, 
proceedings which, under the precedents, required a quorum included 
reading and approval of the Journal,(~5~) reading veto 
messages (6) and other messages from the President and Sen
---------------------------------------------------------------------------
 3. Rule XV clause 6(a)-(d), House Rules and Manual Sec. 774c (1981) 
        provides as follows:
 4. Rule XV clause 6(e), House Rules and Manual Sec. 774c (1979) 
        provides as follows:
 5. Annotation to U.S. Const. art. I, Sec. 5, House Rules and Manual 
        Sec. 55 (1979); 4 Hinds' Precedents Sec. Sec. 2732, 2733; and 6 
        Cannon's Precedents Sec. Sec. 625, 629. See also Sec. 11, 
        infra, for a discussion of objections to a point of no quorum 
        in proceedings related to the Journal.
 6. 4 Hinds' Precedents Sec. 3522; 7 Cannon's Precedents Sec. 1094.
---------------------------------------------------------------------------

[[Page 3632]]

ate,(7) receiving the report of the Chairman of the 
Committee of the Whole,(8) and debate.(9) 
Proceedings which did not require a quorum included the 
prayer,(10) administration of the oath to a 
Member,(11) receipt of messages from the President or the 
Senate,(12) motions incidental to a call of the 
House,(13) and motions to adjourn (14) or for a 
call of the House (15) (where those motions
---------------------------------------------------------------------------
 7. See Sec. 12, infra, for a discussion of points of no quorum as 
        related to messages.
 8. Annotation to U.S. Const. art. I, Sec. 5, House Rules and Manual 
        Sec. 55 (1979); and 6 Cannon's Precedents Sec. 666.
 9. 6 Cannon's Precedents Sec. 659.
10. See Sec. 12, infra, for a discussion of points of no quorum as 
        related to the prayer.
11. Annotation to U.S. Const. art. I, Sec. 5, House Rules and Manual 
        Sec. 56 (1979); 1 Hinds' Precedents Sec. 174; and 6 Cannon's 
        Precedents Sec. 22. But see 2 Hinds' Precedents Sec. 875.
12. See Sec. 12, infra, which relates to receipt of messages.
13. Annotation to Rule XV clause 2(a), House Rules and Manual Sec. 771a 
        (1979); 4 Hinds' Precedents Sec. Sec. 2994, 3029; and 6 
        Cannon's Precedents Sec. 681.
14. Annotation to U.S. Const. art. I, Sec. 5, House Rules and Manual 
        Sec. 55 (1979); and 5 Hinds' Precedents Sec. 5365. See also 
        Sec. 8, supra, for a discussion of points of no quorum as 
        related to adjournment.
15. Annotation to U.S. Const. art. I, Sec. 5, House Rules and Manual 
        Sec. 55 (1979); 4 Hinds' Precedents Sec. 2950; and 6 Cannon's 
        Precedents Sec. 680.
            ``6. (a) It shall not be in order to make or entertain a 
        point of order that a quorum is not present--
            ``(1) before or during the offering of prayer;
            ``(2) during the administration of the oath of office to 
        the Speaker or Speaker pro tempore or a Member, Delegate, or 
        Resident Commissioner;
            ``(3) during the reception of any message from the 
        President of the United States or the United States Senate, and
            ``(4) during the offering, consideration, and disposition 
        of any motion incidental to a call of the House.
            ``(b) A quorum shall not be required in Committee of the 
        Whole for agreement to a motion that the Committee rise.
            ``(c) After the presence of a quorum is once ascertained on 
        any day on which the House is meeting, a point of order of no 
        quorum may not be made or entertained--
            ``(1) during the reading of the Journal;
            ``(2) during the period after a Committee of the Whole has 
        risen after completing its consideration of a bill or 
        resolution and before the Chairman of the Committee has 
        reported the bill or resolution back to the House; and
            ``(3) during any period of a legislative day when the 
        Speaker is recognizing Members (including a Delegate or 
        Resident Commissioner) to address the House under special 
        orders, with no measure or matter then under consideration for 
        disposition by the House.
---------------------------------------------------------------------------

[[Page 3633]]

are decided in the affirmative). Further discussion of precedents under 
the quorum rule (Rule XV clause 6) after Apr. 9, 1974, will appear in 
supplements to this edition and are carried in the House Rules and 
Manual at Sec. 774c.

---------------------------------------------------------------------------
            ``(d) When the presence of a quorum is ascertained, a 
        further point of order that a quorum is not present may not 
        thereafter be made or entertained until additional business 
        intervenes. For purposes of this paragraph, the term `business' 
        does not include any matter, proceeding, or period referred to 
        in paragraph (a), (b), or (c) of this clause for which a quorum 
        is not required or a point of order of no quorum may not be 
        made or entertained.''
            ``(e)(1) Except as provided by subparagraph (2), it shall 
        not be in order to make or entertain a point of order that a 
        quorum is not present unless the Speaker has put the pending 
        motion or proposition to a vote.
            ``(2) Notwithstanding subparagraph (1), it shall always be 
        in order for a Member to move a call of the House when 
        recognized for that purpose by the Speaker, and when a quorum 
        has been established pursuant to a call of the House, further 
        proceedings under the call shall be considered as dispensed 
        with unless the Speaker, in his discretion, recognizes for a 
        motion under clause 2(a) of this rule or for a motion to 
        dispense with further proceedings under the 
        call.''                          -------------------
---------------------------------------------------------------------------

In General

Sec. 10.1 Where a quorum fails to develop on an automatic roll call, it 
    is not necessary for the Chair to announce the result of the vote 
    other than to inform the House that a quorum has not developed.

    On Dec. 22, 1932,(16) Speaker John N. Garner, of Texas, 
made a statement regarding announcement of the vote of an automatic 
roll call.
---------------------------------------------------------------------------
16. 76 Cong. Rec. 942, 943, 72d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Edward T.] Taylor of Colorado: Mr. Speaker, I move the 
    previous question on the motion [to recommit].
        The previous question was ordered.
        The question was taken; and on a division (demanded by Mr. De 
    Priest) there were--ayes 34, noes 73.
        Mr. [Oscar] De Priest [of Illinois]: Mr. Speaker, I object to 
    the vote on the ground that there is not a quorum present.
        The Speaker: Evidently there is not a quorum present. The 
    Doorkeeper will close the doors, the Sergeant at Arms will notify 
    the absent Members, and the Clerk will call the roll.
        The question was taken; and there were--yeas 110, nays 95, not 
    voting 224, as follows: . . .
        Mr. [Henry T.] Rainey [of Illinois]: Mr. Speaker, I move that 
    the House do now adjourn.
        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, may we have 
    the vote announced?

[[Page 3634]]

        The Speaker: It has developed there is not a quorum present.
        Mr. Snell: Mr. Speaker, what was the vote?
        The Speaker: It is not necessary to give that out, so the 
    Parliamentarian informs the Chair, but the Chair may announce that 
    so far the vote is--yeas 110, nays 95. There is not a quorum 
    present.

Sec. 10.2 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 which was in progress when the motion to adjourn 
    was made.

    On Oct. 14, 1969,(17) in the course of a call of the 
House during a debate on Vietnam, Speaker John W. McCormack, of 
Massachusetts, answered parliamentary inquiries regarding the procedure 
if a motion to adjourn failed.
---------------------------------------------------------------------------
17. 115 Cong. Rec. 30054-56, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

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

Sec. 10.3 To make a quorum at the end of a roll call vote on a 
    conference report, the Speaker asked the Clerk to call his name.

    On Oct. 20, 1966,(18) after a vote on Conference Report 
No. 2327 on
---------------------------------------------------------------------------
18. 112 Cong. Rec. 28254, 28255, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3635]]

H.R. 13103, the Foreign Investors Tax Act of 1966, Speaker John W. 
McCormack, of Massachusetts, cast his vote.

        The Speaker: The question is on agreeing to the conference 
    report.
        The question was taken; and the Speaker announced that the 
    ``ayes'' appeared to have it.
        Mr. [Glenn] Cunningham [of Nebraska]: Mr. Speaker, I object to 
    the vote on the ground that a quorum is not present and make the 
    point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll. . . .
        [The result of the vote was, yeas 171, nays 46.]
        The Speaker: The Clerk will call my name.
        The Clerk called the name of Mr. McCormack, and he answered 
    ``yea.''
        So the conference report was agreed to.

Conducting Business After Quorum Fails to Appear

Sec. 10.4 The House cannot conduct business after the absence of a 
    quorum has been announced.

    On Oct. 14, 1969,(19) during a call of the House in the 
course of debate on Vietnam, Speaker John W. McCormack, of 
Massachusetts, answered a parliamentary inquiry regarding business that 
could be conducted in the absence of a quorum.
---------------------------------------------------------------------------
19. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
        Mr. [Donald M.] Fraser [of Minnesota]: Mr. Speaker, so long as 
    a quorum is not produced and in the event the House should instruct 
    the Sergeant at Arms, would it be possible for the House to 
    proceed, or would the House have to stand in abeyance with no 
    further proceedings?

        The Speaker: The Chair will state that the House cannot do 
    business without a quorum.
        Mr. Fraser: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Fraser: Mr. Speaker, in order to see if I have that point 
    clearly in mind, if there were an instruction to bring in absent 
    Members and it did not succeed during the period of time, during 
    that period of time the House could proceed with no other business; 
    is that correct?
        The Speaker: The House cannot proceed at all until a quorum 
    established.

    Parliamentarian's Note: Once the Chair has announced the absence of 
a quorum, the point of no quorum cannot then be withdrawn even by 
unanimous consent, as such a request would constitute business (4 
Hinds' Precedents Sec. Sec. 2928-31; 6 Cannon's Precedents Sec. 657).

Sec. 10.5 Where a quorum is not present and a call of the

[[Page 3636]]

    House is ordered, the pending business cannot continue until a 
    quorum is obtained and further proceedings under the call are 
    dispensed with.

    On Oct. 8, 1968,(1) Speaker John W. McCormack, of 
Massachusetts, answered parliamentary inquiries regarding procedures 
before and after a quorum appears.
---------------------------------------------------------------------------
 1. 114 Cong. Rec. 30094, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. [Brock] Adams [of Washington]: Mr. Speaker, if under a call 
    of the House, after the call has been made and there is not a 
    motion to dispense with further proceedings, is it true that the 
    doors remain locked, and those that are here must remain present, 
    but that it takes a majority vote of those present to issue a call 
    to the Sergeant at Arms to bring others to the Chamber?
        In other words, that if the doors remain locked, and we did not 
    have a dispensing with further proceedings under the call, what 
    would happen is that the situation would freeze, that those who 
    were present would be required to stay, and that a warrant would 
    not be issued unless there was a majority vote?
        The Speaker: The Chair will state that no further business 
    would be transacted until further proceedings under the call had 
    been dispensed with.
        Mr. Adams: 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 under the call have been dispensed with.

Sec. 10.6 After the Speaker has ascertained the absence of a quorum and 
    a call of the House has been ordered, the House may not conduct 
    legislative business until a quorum is established.

    On Oct. 5, 1972,(2) Speaker Carl Albert, of Oklahoma, 
ruled that the House could not proceed with legislative business.
---------------------------------------------------------------------------
 2. 118 Cong. Rec. 34039, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, we have 
    performed legislative business here, and there is no evidence of a 
    quorum being present. I insist on my point of order.
        The Speaker: Evidently a quorum is not present.
        Mr. [John J.] McFall [of California]: Mr. Speaker, I move a 
    call of the House.

[[Page 3637]]

        A call of the House was ordered.
        Mr. [Carl D.] Perkins [of Kentucky]: Mr. Speaker, will the 
    gentleman withhold that request?
        The Speaker: The Chair has announced the absence of a quorum, 
    and the House cannot proceed until a quorum is established. 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 rollcall 344 Members have answered to 
    their names, a quorum.

Sec. 10.7 The Chair refuses to recognize Members after the absence of a 
    quorum has been announced by the Chair, and no business is in order 
    until a quorum has been established.

    On June 8, 1960,(3) Speaker Sam Rayburn, of Texas, made 
a ruling regarding recognition of Members in the absence of a quorum.
---------------------------------------------------------------------------
 3. 106 Cong. Rec. 12142, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, I make the 
    point of order that there is no quorum. I am telling you now, I 
    told you I was coming here.
        The Speaker: The gentleman from Michigan has already made a 
    point of no quorum.
        Mr. Hoffman of Michigan: I will renew it, if necessary.
        The Speaker: The gentleman has made the point of order of no 
    quorum, and he should not try to speak in that time.
        The Chair will count. [After counting.] A quorum is not 
    present.
        Mr. [Richard] Bolling [of Missouri]: Mr. Speaker, I move a call 
    of the House.
        A call of the House was ordered.
        The Speaker: The Clerk will call the roll.
        Mr. Hoffman of Michigan: Mr Speaker----
        The Speaker: The Chair cannot recognize the gentleman because a 
    point of order of no quorum has been made, and the Chair announced 
    that there was no quorum.
        The Clerk will call the roll.

Question of Privilege Pending Vote on Point of No Quorum

Sec. 10.8 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,(4) 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
---------------------------------------------------------------------------
 4. For the proceedings of this date, see Sec. 8.6, supra.
---------------------------------------------------------------------------

[[Page 3638]]

raised to that vote on the ground that a quorum was not present.

Definition of Vacating Proceedings

Sec. 10.9 Where a quorum failed to develop on an automatic roll call 
    under Rule XV clause 4,(5) and the House adjourned, the 
    word ``vacate'' in the rule was construed by action of the House as 
    meaning solely the voiding of the proceedings incident to such 
    call; the word did not mean the deletion of the record of 
    proceedings from the Record and the Journal.
---------------------------------------------------------------------------
 5. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Dec. 23, 1932,(6) and Dec. 27, 1932,(7) 
the interpretation of the word ``vacate'' in Rule XV clause 4, and the 
effect of vacating proceedings for purposes of the Journal and Record 
were discussed.(8)
---------------------------------------------------------------------------
 6. 76 Cong. Rec. 980, 981, 983, 984, 72d Cong. 2d Sess.
 7. Id. at pp. 986, 987.
 8. See Sec. 2.22, supra, for relevant proceedings on these dates.
---------------------------------------------------------------------------

Adjourning or Continuing Proceedings

Sec. 10.10 The absence of a quorum having been disclosed on an 
    automatic roll call under Rule XV clause 4,(9) the House 
    may adjourn or continue the proceedings under the call until a 
    quorum of record is obtained.
---------------------------------------------------------------------------
 9. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Oct. 12, 1962,(10) during a roll call on H.R. 12900, 
the public works appropriation bill for 1962, Speaker John W. 
McCormack, of Massachusetts, outlined the alternatives available in the 
absence of a quorum.
---------------------------------------------------------------------------
10. 108 Cong. Rec. 23434, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [William M.] Colmer [of Mississippi] (interrupting the 
    rollcall): Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Colmer: Mr. Speaker, in the event that a quorum is shown 
    not to be present what procedure is then left to the House?
        The Speaker: The House can wait until a quorum arrives, or a 
    motion to adjourn would be in order.

    Parliamentarian's Note: The leadership had kept the House in 
session on this date, hoping that the two Houses might reach agreement 
on certain outstanding issues and adjourn sine die. The roll call was 
taken very slowly so that all available Members and hopefully a quorum 
of the House

[[Page 3639]]

might reach the Chamber. When the call had proceeded for over 50 
minutes the Majority Leader asked the Speaker to announce the vote. 
When it appeared that a quorum was not present, the Majority Leader 
moved to adjourn.

Adjourning or Instructing Sergeant at Arms

Sec. 10.11 If a quorum fails to develop on an automatic call of the 
    House under Rule XV clause 4,(11) the House may decide 
    to adjourn, or, in the absence of such a motion, the Speaker may, 
    in his discretion, sign warrants for use by the Sergeant at Arms in 
    arresting absentees.
---------------------------------------------------------------------------
11. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Oct. 18, 1966,(12) during a roll call on House 
Resolution 1062, directing the Speaker to certify to a United States 
attorney a report of the Committee on Un-American Activities relating 
to the refusal of Jeremiah Stamler to testify before that committee, 
Speaker John W. McCormack, of Massachusetts, outlined the alternatives 
available when a quorum fails to appear.
---------------------------------------------------------------------------
12. 112 Cong. Rec. 27512, 27513, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The question is on agreeing to the resolution.
        The question was taken; and the Speaker announced that the 
    ``ayes'' appeared to have it.
        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: The Chair will count. Evidently a quorum is not 
    present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.

        The question was taken; and there were--yeas 174, nays 37, not 
    voting 221, as follows: . . .
        Mr. [Charles L.] Weltner [of Georgia]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Weltner: Mr. Speaker, in the event that the result of the 
    vote is announced and it appears that less than a quorum, or less 
    than 218 Members, have voted, and unanimous consent is not given to 
    dispense with further proceedings under the call, am I correct in 
    understanding that the Sergeant at Arms will then be under an 
    obligation to produce the nonvoting Members?
        The Speaker: The Chair will state, in response to the inquiry, 
    that if a quorum is not present one of two alternatives remain; 
    one, to adjourn the House, and the other, to instruct the Sergeant 
    at Arms.
        The Chair wants to state, frankly, the Chair would not instruct 
    the Sergeant at Arms. . . .
        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a 
    parliamentary inquiry.

[[Page 3640]]

        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Hall: In the event of the stipulations made by the Speaker 
    as to whom he would recognize and not recognize, if further 
    proceedings under the call of the House are not dispensed with, 
    would it not be automatic that the Sergeant at Arms would be 
    instructed by the Speaker to enjoin a quorum in the House?
        The Speaker: The Chair will state that this is an automatic 
    rollcall on the adoption of the resolution. The question of 
    dispensing with further proceedings under the call would not be 
    involved.
        In answer to the second part of the gentleman's inquiry, that 
    would not automatically follow. . . .
        Mr. [Leslie C.] Arends [of Illinois]: Like the Speaker, I hope 
    the people will come out of the woodwork. Let us finish our 
    business and keep on going.
        The Speaker: Apparently they are not going to.
        The result of the vote was announced as above recorded.
        The Speaker: A quorum not being present, this matter will be 
    taken up as the first order of business tomorrow. . . .

                                Adjournment

        Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Speaker, I move that 
    the House do now adjourn.
        The motion was agreed to; accordingly (at 9 o'clock p.m.) the 
    House adjourned until tomorrow, Wednesday, October 19, 1966, at 12 
    o'clock noon.

    Parliamentarian's Note: See Sec. 5.10, supra, for similar 
discussion to the effect that while under Rule XV clause 4 the House 
has adopted a standing rule ordering the Sergeant at Arms to bring in 
absent Members during the yea and nay vote, nevertheless to actually 
make an arrest under that rule the Sergeant at Arms must have in his 
possession a warrant signed by the Speaker at his discretion.

Sec. 10.12 Where a quorum fails to develop on a call of the House on 
    motion under Rule XV clause 2,(13) the House has only 
    two alternatives: to adjourn or to instruct the Sergeant at Arms to 
    secure the attendance of absentees.
---------------------------------------------------------------------------
13. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

    On Oct. 14, 1969,(14) during a call of the House while 
the House debated American military involvement in Vietnam, Speaker 
John W. McCormack, of Massachusetts, answered a parliamentary inquiry 
regarding alternatives available when a quorum fails to appear.
---------------------------------------------------------------------------
14. 115 Cong. Rec. 30054, 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Gillespie V.] Montgomery [of Mississippi]: Mr. Speaker, I 
    make the point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.

[[Page 3641]]

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

Arresting Absent Members

Sec. 10.13 In response to a parliamentary inquiry, the Speaker pro 
    tempore stated that the failure of a quorum to respond on a roll 
    call vote (decided in the negative) on a motion to adjourn being 
    conducted under Rule XV clause 4,(15) would require the 
    Sergeant at Arms to arrest absent Members without further order of 
    the House.
---------------------------------------------------------------------------
15. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Apr. 15, 1970,(16) Charles M. Price, of Illinois, the 
Speaker pro tempore, described the procedure if a quorum failed to 
appear.(17)
---------------------------------------------------------------------------
16. 116 Cong. Rec. 11940, 11941, 91st Cong. 2d Sess.
17. Parliamentarian's Note: See Sec. Sec. 5.10, 10.11, supra, where the 
        Speaker indicated that during an automatic vote by the yeas and 
        nays, the Speaker must still sign arrest warrants at his 
        discretion.
---------------------------------------------------------------------------

        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. . . .
        The Speaker Pro Tempore: The Chair will count. . . .
        Evidently a quorum is not present.

[[Page 3642]]

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

Proceedings After Quorum Fails to Appear on Vote to Suspend Rules

Sec. 10.14 Where a quorum fails on a teller vote seconding a motion to 
    suspend the rules, the Chair counts the House; if upon that count a 
    quorum is found to be present, and the vote was in the affirmative, 
    the second is ordered.

    On Feb. 28, 1931,(18) Speaker Nicholas Longworth, of 
Ohio, counted the House.
---------------------------------------------------------------------------
18. 74 Cong. Rec. 6575, 71st Cong. 3d Sess.
---------------------------------------------------------------------------

        The Speaker: Is a second demanded?
        Mr. [Samuel] Dickstein [of New York]: Mr. Speaker, I demand a 
    second.
        Mr. [Thomas A.] Jenkins [of Ohio]: Mr. Speaker, I ask unanimous 
    consent that a second be considered as ordered.
        Mr. [Fiorello H.] LaGuardia [of New York]: Mr. Speaker, I 
    object.
        The Speaker: The vote for demanding a second is taken by 
    tellers.
        The Chair appointed Mr. Jenkins and Mr. Dickstein as tellers.
        The House divided; and the tellers reported that there were--
    ayes 153, noes 2.
        Mr. La Guardia: I make the point of order that there is no 
    quorum present.
        The Speaker: There was no quorum on the teller count; but if 
    the gentleman makes the point of order of no quorum, the Chair will 
    count.
        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, do I 
    understand if the motion has been seconded by teller vote this 
    would be the unfinished business on Monday morning?
        The Speaker: The gentleman from New York objects on the ground 
    that the teller vote does not disclose a

[[Page 3643]]

    quorum. Therefore the Chair will count to see whether there is a 
    quorum present. In case a quorum develops a second will be ordered. 
    [After counting.] The Chair has counted with the utmost care and 
    has counted 238 Members present, a quorum.
        So a second was ordered.

Sec. 10.15 An automatic roll call under Rule XV clause 
    4,(19) ensued where a quorum failed when the question 
    was put by tellers on ordering a second on a motion to suspend the 
    rules.
---------------------------------------------------------------------------
19. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Feb. 3, 1936,(20) Speaker Joseph W. Byrns, of 
Tennessee, ordered an automatic roll call.
---------------------------------------------------------------------------
20. 80 Cong. Rec. 1404, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Thomas F.] Ford of California: Mr. Speaker, I move to 
    suspend the rules and pass the resolution (H.J. Res. 164) 
    authorizing the President to invite foreign countries to 
    participate in the Pacific Exposition of 1938 at Los Angeles, 
    Calif. . . .
        The Speaker: Is a second demanded?
        Mr. [John] Taber [of New York]: Mr. Speaker, I demand a second.
        Mr. Ford of California: Mr. Speaker, I ask unanimous consent 
    that a second be considered as ordered.
        The Speaker: Is there objection to the request of the gentleman 
    from California?
        Mr. Taber: Mr. Speaker, I object.
        The Speaker: The question is on ordering a second.
        The Chair appointed Mr. Ford of California and Mr. Taber to act 
    as tellers.
        The House divided; and the tellers reported there were--ayes 63 
    and noes 31.
        Mr. Taber: Mr. Speaker, I object to the vote on the ground that 
    there is not a quorum present.
        The Speaker: The Chair will count. [After counting.] Evidently 
    there is not a quorum present. The Doorkeeper will close the doors, 
    the Sergeant at Arms will notify absent Members, and the Clerk will 
    call the roll.

Proceedings During Special Order

Sec. 10.16 Absence of a quorum precipitated a call of the House during 
    a special order that followed the business of the day.

    On Sept. 22, 1965,(1) absence of a quorum precipitated a 
call of the House during special order speeches.
---------------------------------------------------------------------------
 1. 111 Cong. Rec. 24716, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: (2) Under previous order of the House 
    the gentleman from New York [Mr. Multer] is recognized for 20 
    minutes. . . .
---------------------------------------------------------------------------
 2. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [Joe D.] Waggonner [Jr., of Louisiana]: Mr. Speaker, I make 
    the point of order that a quorum is not present.

[[Page 3644]]

        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.

    Parliamentarian's Note: See supplements to this edition for 
discussion of provisions in Rule XV clause 6 adopted in the 93d 
Congress on Apr. 9, 1974, to the effect that after the presence of a 
quorum is once ascertained, a point of no quorum may not be made or 
entertained during any period of a legislative day when the Speaker is 
recognizing Members to address the House under special orders, with no 
measure or matter then under consideration for disposition by the 
House.

Unfinished Business

Sec. 10.17 Where a quorum fails to respond on an automatic roll call 
    vote on a pending motion and the House adjourns, the vote on the 
    motion becomes the unfinished business when the House again 
    reconvenes. At the later meeting, the Speaker puts the question de 
    novo.

    On Oct. 12, 1962,(3) the House adjourned after a quorum 
failed to appear on a motion to recede from its disagreement on a 
Senate amendment to H.R. 12900, providing for public works 
appropriations for the 1963 fiscal year.(4)
---------------------------------------------------------------------------
 3. 108 Cong. Rec. 23432-34, 87th Cong. 2d Sess.
 4. See also 112 Cong. Rec. 27641, 27642, 89th Cong. 2d Sess., Oct. 19, 
        1966; 112 Cong. Rec. 27512, 27513, 89th Cong. 2d Sess., Oct. 
        18, 1966; 86 Cong. Rec. 13552, 76th Cong. 3d Sess., Oct. 14, 
        1940; and 86 Cong. Rec. 13534, 13535, 76th Cong. 3d Sess., Oct. 
        10, 1940, for other illustrations of this principle.
---------------------------------------------------------------------------

        Mr. [Clarence] Cannon [of Missouri]: Mr. Speaker, I offer a 
    motion.

        The Clerk read as follows:

            Mr. Cannon moves that the House recede from its 
        disagreement to the amendment of the Senate numbered 2 and 
        concur therein with an amendment, as follows: In lieu of the 
        sum proposed by said amendment, insert: $791,580,500.
            Mr. Cannon: Mr. Speaker, I move the previous question. . . 
        .

        The Speaker: (5) Without objection, the previous 
    question is ordered.
---------------------------------------------------------------------------
 5. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The question is on the motion offered by the gentleman from 
    Missouri [Mr. Cannon] to recede and concur in the Senate amendment 
    with an amendment.
        The question was taken, and the Speaker announced that the noes 
    appeared to have it.
        Mr. Cannon: Mr. Speaker, I ask for the yeas and nays.
        Mr. Speaker, I make the point of order that a quorum is not 
    present and ask for the yeas and nays.
        The Speaker: Does the gentleman object to the vote on the 
    ground that a

[[Page 3645]]

    quorum is not present or ask for the yeas and nays?
        Does the gentleman object to the vote?
        Mr. Cannon: I make the point of order that a quorum is not 
    present and ask for the yeas and nays.
        The Speaker: The gentleman from Missouri makes the point of 
    order that a quorum is not present and objects to the vote on the 
    ground that a quorum is not present.
        The Chair will count.
        Evidently a quorum is not present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll. . . .
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask that the 
    Chair announce the vote.
        The Speaker: On this vote, there were 84 yeas and 120 nays. So 
    a quorum is not present.

                                Adjournment

        Mr. Albert: Mr. Speaker, I move that the House do now adjourn.
        The motion was agreed to; accordingly (at 10 o'clock and 31 
    minutes p.m.), the House adjourned until tomorrow, Saturday, 
    October 13, 1962, at 12 o'clock noon.

    On Oct. 13, 1962,(6) immediately after the opening 
prayer and approval of the Journal, Speaker John W. McCormack, of 
Massachusetts, presented the question de novo.
---------------------------------------------------------------------------
 6. 108 Cong. Rec. 23474-76, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The unfinished business is the vote on the motion 
    of the gentleman from Missouri [Mr. Cannon].
        Without objection, the Clerk will again report the motion of 
    the gentleman from Missouri.
        There was no objection.
        The Clerk read as follows:

            Mr. Cannon moves that the House recede from its 
        disagreement to the amendment of the Senate numbered 2 and 
        concur therein with an amendment, as follows: In lieu of the 
        sum proposed by said amendment, insert ``$791,580,500''.

        The Speaker: The question is on the motion.
        The question was taken, and the Speaker announced that the noes 
    appeared to have it.
        Mr. [H. R.] Gross [of Iowa]: 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 93, nays 143, not 
    voting 199, as follows: . . .
        The result of the vote was announced as above recorded.

Sec. 

     10.18 Where a Member objects to a vote on the ground that a quorum 
    is not present, and, pursuant to a unanimous-consent agreement 
    putting roll calls over until later in the week, further pro

[[Page 3646]]

    ceedings are postponed and the Speaker puts the question de novo 
    when the bill is again before the House as unfinished business, any 
    Member has the same rights as when the question was originally put 
    and may ask for the yeas and nays, if not earlier refused, or, if a 
    quorum is not present, may object to the vote on that ground.

    On Oct. 7, 1965,(7) Speaker John W. McCormack, of 
Massachusetts, answered an inquiry regarding the procedure for 
unfinished business.
---------------------------------------------------------------------------
 7. 111 Cong. Rec. 26243, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Hall: Mr. Speaker, if on a previous day where under the 
    unanimous-consent agreement of October 1, 1965, of this House 
    objection was made on the basis that a quorum was not present and 
    the point of order was made that a quorum was not present and the 
    Speaker thereafter did state that evidently a quorum was not 
    present and that the bill would be put over per the prior 
    agreement; should that rollcall come automatically today when we 
    are back in session and released from that agreement?
        The Speaker: In response to the parliamentary inquiry, the 
    Chair will state that the vote comes up de novo and Members have 
    the same rights that they had when the matter was being considered 
    on the previous day.
        Mr. Hall: Mr. Speaker, a further parliamentary inquiry.
        If I understand the distinguished Speaker correctly, then being 
    de novo, objection would still have to be made on the same basis 
    and as to whether a quorum was then present, it would still be 
    honored?
        The Speaker: A Member could demand the yeas and nays and if a 
    sufficient number of Members are in favor of taking the vote by the 
    yeas and nays, there would be a rollcall vote of course. Or a 
    Member could object to the vote on the ground that a quorum is not 
    present and, of course, if a quorum is not present the rollcall 
    would be automatic.
        Mr. Hall: Mr. Speaker, a further parliamentary inquiry.
        If there was then a quorum present, however, it would not 
    revert to the previous fact and therefore an individual Member 
    would have to have stood on his rights at the time the unanimous-
    consent request was given rather than make the point of order that 
    a quorum was not present on the current day?
        The Speaker: The Chair will state that further consideration of 
    certain bills was passed over in accordance with the unanimous-
    consent request entered into by the House on October 1 and the 
    question of final passage comes up before the House today.
        As the Chair has previously stated, if any Member wants a 
    rollcall vote, he can demand a rollcall vote or . . . he can make 
    the point that he objects to the vote on the ground that a quorum 
    is not present.

[[Page 3647]]

Sec. 10.19 The mere fact that a quorum was not present on a prior day, 
    when the vote was objected to, does not assure a roll call when the 
    question is again put as unfinished business.(8)
---------------------------------------------------------------------------
 8. See Sec. 10.18, supra, for a discussion of the proceedings of Oct. 
        7, 1965.
---------------------------------------------------------------------------

Calendar Wednesday

Sec. 10.20 Where a quorum fails on ordering the previous question on a 
    bill under consideration on Calendar Wednesday, and the House 
    adjourns, the vote goes over until the next Calendar Wednesday when 
    that committee's business would again be in order.

    On Mar. 7, 1935,(9) Speaker Joseph W. Byrns, of 
Tennessee, answered inquiries with respect to whether a prior motion 
for the previous question was still pending.
---------------------------------------------------------------------------
 9.  79 Cong. Rec. 3121, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Frederick R.] Lehlbach [of New Jersey]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Lehlbach: Yesterday the previous question was moved on a 
    bill then pending, and upon a division the vote was 36 to 16, 
    whereupon a point of no quorum was made. Under the rules of the 
    House there would follow an automatic roll call on the question of 
    ordering the previous question, but before proceedings could be had 
    the gentleman from New York [Mr. O'Connor] moved that the House 
    adjourn, and the House accordingly adjourned. My inquiry is, is the 
    motion for the previous question still pending?
        The Speaker: The motion is pending and the vote will again be 
    taken the next time the committee is called under the Calendar 
    Wednesday rule; that will be the first business in order when the 
    Judiciary Committee is again called on Calendar Wednesday.

Senate Precedents

Sec. 10.21 Where the Senate recesses over the weekend because of lack 
    of a quorum, the Vice President at the next meeting of that body 
    causes the roll to be called to secure a quorum.

    On Mar. 7, 1938,(10) Vice President John N. Garner, of 
Texas, commented on the procedure following a recess.
---------------------------------------------------------------------------
10. 83 Cong. Rec. 2903, 2904, 75th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Vice President: The Chair has examined the Record and finds 
    that when the Senate took a recess on Friday last no quorum was 
    present. The Chair, therefore, thinks it is his duty to direct the 
    clerk to call the roll for the purpose of securing a quorum, for 
    the Senate begins now just where it left off last Friday.

[[Page 3648]]

        The Chief Clerk called the roll, and the following Senators 
    answered to their names: . . .
        The Vice President: Eighty-six Senators have answered to their 
    names. A quorum is present.

Sec. 10.22 A motion to adjourn to a specific day is not in order in the 
    absence of a quorum of the Senate.

    On Apr. 30, 1948,(11) President pro tempore Arthur H. 
Vandenberg, of Michigan, ruled on a motion to adjourn to a specific 
day.
---------------------------------------------------------------------------
11. 94 Cong. Rec. 5101, 5102, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        The President Pro Tempore: Forty-three Senators having answered 
    to their names, a quorum is not present.
        Mr. [William F.] Knowland [of California]: I move that the 
    Sergeant at Arms be directed to request the attendance of absent 
    Senators.
        The motion was agreed to.
        The President Pro Tempore: The Sergeant at Arms will execute 
    the order of the Senate.
        After a little delay Mr. McCarthy and Mr. O'Daniel entered the 
    Chamber and answered to their names.
        Mr. [Scott W.] Lucas [of Illinois]: Mr. President, a 
    parliamentary inquiry.
        The President Pro Tempore: The Senator will state it.
        Mr. Lucas: Is a motion to adjourn until Monday at 12 o'clock in 
    order?
        The President Pro Tempore: It is not, in the absence of a 
    quorum.
        Mr. [Richard B.] Russell [of Georgia]: Mr. President, a 
    parliamentary inquiry.
        The President Pro Tempore: The Senator will state it.
        Mr. Russell: Does the Chair rule that a motion to adjourn is 
    not in order in the absence of a quorum? My understanding of the 
    rule is that the only motion in order when there is not a quorum is 
    a motion to adjourn.
        The President Pro Tempore: The Senator from Illinois inquired 
    whether a motion to adjourn until Monday was in order in the 
    absence of a quorum. A motion to adjourn is in order.
        Mr. Russell: I did not catch the words ``until Monday''; but I 
    knew that a motion to adjourn was in order.
        Mr. Lucas: Mr. President, another parliamentary inquiry.
        The President Pro Tempore: The Senator will state it.
        Mr. Lucas: When would the Senate reconvene if the Senator from 
    Illinois made a motion to adjourn and it was carried?
        The President Pro Tempore: Tomorrow at 12 o'clock noon.
        Mr. Lucas: I thank the Chair.

Sec. 10.23 The Senate recessed in absence of a quorum, pursuant to an 
    order previously agreed to which provided for a recess at the 
    ``conclusion of the business of the day.''

    On Apr. 4, 1964,(12) the Senate recessed.
---------------------------------------------------------------------------
12. 110 Cong. Rec. 6862, 6863, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Michael J.] Mansfield [of Montana]: Mr. President, if 
    there are

[[Page 3649]]

    no further questions I should like to suggest the absence of a 
    quorum.
        I now suggest the absence of a quorum.

        The Acting President Pro Tempore: (13) The clerk 
    will call the roll.
---------------------------------------------------------------------------
13. Lee Metcalf (Mont.).
---------------------------------------------------------------------------

        The Chief Clerk called the roll, and the following Senators 
    answered to their names: . . .
        The Acting President Pro Tempore: A quorum is not present.
        Mr. Mansfield: Mr. President, I move that the Sergeant at Arms 
    be directed to request the attendance of absent Senators.
        Mr. [John J.] Williams [of Delaware]: Mr. President, I ask for 
    the yeas and nays on that motion.
        The yeas and nays were ordered.

                       Recess to 10 A.M. Monday Next

        Mr. Mansfield: Mr. President, a parliamentary inquiry.
        The Acting President Pro Tempore: The Senator from Montana will 
    state it.
        Mr. Mansfield: Is it in order at this time to move that the 
    Senate stand in recess under the order previously entered?
        The Acting President Pro Tempore: The rollcall has not started; 
    and such a motion would be in order.
        Mr. Mansfield: Mr. President, if I may be heard in relation to 
    my parliamentary request, I am afraid we are face to face with a 
    travesty on the legislative process. I am doubtful--and I am indeed 
    sorry to say this--that we will be able to get a quorum in the 
    Senate today.
        I believe it is a shame and an indignity upon this institution.
        In order to prevent this situation from turning into a farce, I 
    move, under the previous order, that the Senate now stand in recess 
    until Monday morning next at 10 o'clock.
        Mr. Williams of Delaware: Mr. President, I ask for the yeas and 
    nays on that motion.
        The yeas and nays were ordered. . . .
        The result was announced--yeas 27, nays 14, as follows: . . .
        So Mr. Mansfield's motion was agreed to; and (at 11 o'clock and 
    41 minutes a.m.) the Senate took a recess under the order entered 
    on Wednesday, April 1, 1964, until Monday, April 6, 1964, at 10 
    a.m.

    This recess was taken pursuant to an order entered on Apr. 1, 1964, 
as follows: (14)
---------------------------------------------------------------------------
14. 110 Cong. Rec. 6746, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Hubert H.] Humphrey [of Minnesota]: Mr. President, I ask 
    unanimous consent that when the Senate completes its business on 
    Saturday, it stand in recess until 10 a.m. on Monday.
        The Presiding Officer: (15) Without objection, it is 
    so ordered.
---------------------------------------------------------------------------
15. Daniel B. Brewster (Md.).
---------------------------------------------------------------------------