[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§ 12. As Related to Prayer by the Chaplain and Messages]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3656-3660]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
              B. EFFECT OF PRESENCE OR ABSENCE OF A QUORUM
 
Sec. 12. As Related to Prayer by the Chaplain and Messages

    Rule XV clause 6(a), added to the rules on Apr. 9, 1974, now 
provides that a point of no quorum may not be entertained at certain 
times. It is not in order during the offering of the prayer or during 
the reception of any message from the President or Senate. While the 
new rule reflects prior practice, in part, precedents interpreting the 
new rule will appear in supplements to this 
edition.                          -------------------

Prayers

Sec. 12.1 A quorum is not required for prayer by the Chaplain at the 
    opening of a session, and the Speaker does not recognize Members 
    for such a point of order.

    On Mar. 19, 1941,(5) Speaker Sam Rayburn, of Texas, made 
a ruling regarding the quorum requirement for opening prayer.
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 5. 87 Cong. Rec. 2351, 2352, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rich: Mr. Speaker, when I was seeking recognition from the 
    Speaker before the Chaplain offered prayer, I felt that there would 
    be a call of the House and I thought it would be a good thing for 
    all the Members to be here for once to hear the Chaplain offer 
    prayer. What does the Speaker think about that? Would it be proper 
    procedure for a Member to make the point of order that a quorum is 
    not present before the Chaplain offers prayer?
        The Speaker: As the Chair understands, it has been held many 
    times that the prayer is not such business of the House that a 
    quorum is required.

Sec. 12.2 Because the prayer offered at the beginning of the business 
    of the House is not considered as business, the Speaker does not 
    recognize a point of order that a quorum is not present before the 
    prayer.

    On Aug. 4, 1950,(6) Speaker Sam Rayburn, of Texas, made 
a ruling regarding the offering of the prayer.(7)
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 6. 96 Cong. Rec. 11829, 81st Cong. 2d Sess.
 7. See also 92 Cong. Rec. 3567, 79th Cong. 2d Sess., Apr. 12, 1946.
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        The House met at 10 o'clock a.m.
        The Speaker: The Chaplain will offer prayer.
        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: We will have the prayer first, because that is not 
    considered business.

[[Page 3657]]

        Prayer will be offered by the Chaplain.

Messages

Sec. 12.3 A quorum is required for the reading of messages and quorum 
    calls may interrupt such readings.

    On Jan. 21, 1946,(8) the reading of the President's 
budget message was twice interrupted by quorum calls.
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 8. 92 Cong. Rec. 164, 165, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker pro tempore laid before the House the message of 
    the President on the state of the Union and transmitting the 
    Budget.
        (For message, see p. 136 of the proceedings of the Senate of 
    this date.)
        Mr. [Robert F.] Rich [of Pennsylvania] (interrupting the 
    reading of the message): Mr. Speaker, a parliamentary inquiry.
        The Speaker Pro Tempore: (9) The Clerk read a 
    message from the President of the United States, and the Chair 
    feels that an inquiry at this time should not be entertained.
---------------------------------------------------------------------------
 9. John W. McCormack (Mass.).
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        Mr. Rich: Mr. Speaker, I think it is wise that the membership 
    of the House hear the President's message, and I make a point of 
    order that a quorum is not present.
        The Speaker Pro Tempore: Evidently a quorum is not present.
        Mr. [Albert A.] Gore [of Tennessee]: 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 Pro Tempore: On this roll call 303 Members have 
    answered to their names; a quorum is present.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Clerk resumed the reading of the President's message.
        Mr. Rich (interrupting the reading of the President's message): 
    Mr. Speaker, I make the point of order that a quorum is not 
    present.
        The Speaker Pro Tempore: Evidently a quorum is not present.
        Mr. [Adolph J.] Sabath [of Illinois]: 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 Pro Tempore: Two hundred and fifty-four Members 
    have answered to their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Clerk concluded the reading of the President's message.

    Parliamentarian's Note: This message contained approximately 25,000 
words and took about three hours to read.

Sec. 12.4 Messages received by the Clerk during adjournments and 
    forwarded to the Speaker are retained by the

[[Page 3658]]

    Speaker and not laid before the House until a quorum appears.

    On Aug. 22, 1960,(10) following establishment of a 
quorum, receipt of a message was announced.
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10. 106 Cong. Rec. 17026, 17027, 86th Cong. 2d Sess.
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        The Speaker laid before the House the following communication 
    from the Clerk of the House of Representatives:

                                                  August 15, 1960.
        The Honorable the Speaker,
        House of Representatives.

            Sir: I have the honor to transmit herewith a sealed 
        envelope addressed to the Speaker of the House of 
        Representatives from the President of the United States, 
        received in the Clerk's office on August 1, 1960. . . .

        The Speaker laid before the House the following message from 
    the President of the United States, which was read, and, together 
    with the accompanying papers, referred to the Committee on Foreign 
    Affairs and ordered to be printed with illustrations:
        The White House, July 29, 1960.
        To the Congress of the United States:

            I transmit herewith the 41st Report to Congress on Lend-
        Lease Operations for the calendar year 1959. . . .
            More details on this and other lend-lease items are 
        contained in the report.
                                             Dwight D. Eisenhower.

            (Enclosure: 41st Report to Congress on Lend-Lease 
        Operations.)

    Parliamentarian's Note: A message from the President, received by 
the Clerk while the Congress was adjourned to a day certain, was 
retained at the Speaker's table for one week after the House reconvened 
since the transaction of business was prevented by lack of a quorum.
    Notwithstanding the reconvening of the House on Aug. 15, a quorum 
did not appear until Aug. 22 and the House adjourned from day-to-day 
from the 15th through the 19th, and, by unanimous consent, from the 
19th to the 22d. No business was conducted until the 22d, except that a 
letter of resignation from a Member was laid before the House.

Sec. 12.5 Messages from the President and the Senate may be received in 
    the absence of a quorum, pending a motion for a call of the House.

    On Oct. 8, 1968,(11) messages from the President and 
Senate were received pending a call of the House.
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11. 114 Cong. Rec. 30091, 90th Cong. 2d Sess.
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        Mr. [William A.] Steiger of Wisconsin: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: (12) Evidently a quorum is not present.
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12. John W. McCormack (Mass.).
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        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.

[[Page 3659]]

        The Speaker: At this time the Chair will receive a message.

                         Message From the President

        A message in writing from the President of the United States 
    was communicated to the House by Mr. Leonard, one of his 
    secretaries. . . .
        A message from the Senate by Mr. Arrington, one of its clerks, 
    announced that the Senate had passed without amendment a bill of 
    the House of the following title:

            H.R. 8781. An act to authorize the Secretary of the 
        Interior to exchange certain lands in Shasta County, Calif., 
        and for other purposes.

        The message also announced that the Senate agrees to the report 
    of the committee of conference on the disagreeing votes of the two 
    Houses on the amendments of the Senate to the bill (H.R. 653) 
    entitled ``An act to amend the Tariff Schedules of the United 
    States with respect to the rate of duty on certain nonmalleable 
    iron castings.''. . .
        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 286 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

Sec. 12.6 Messages from the President and the Senate, though they may 
    be received in the absence of a quorum during a call of the House 
    are not read until a quorum is present.

    On Oct. 11, 1968,(13) messages were received, as 
follows:
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13. 114 Cong. Rec. 30816, 30817, 90th Cong. 2d Sess.
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        The Speaker: (14) The gentleman from Ohio insists 
    upon his point of order that a quorum is not present, and evidently 
    a quorum is not present.
---------------------------------------------------------------------------
14. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        During the call of the roll a message was received from the 
    President of the United States and from the Senate.
        The Speaker: One hundred eighty-eight Members are present, not 
    a quorum. . . .
        Mr. Albert: Mr. Speaker, I move that the House do now adjourn.
        The motion was agreed to; accordingly (at 7 o'clock and 53 
    minutes p.m.), the House adjourned until tomorrow, Saturday, 
    October 12, 1968, at 12 o'clock noon.

    Parliamentarian's Note: On Oct. 12, 1968,(15) 
immediately after the opening prayer and reading of the Journal, these 
messages were read and referred:
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15. 114 Cong. Rec. 31116, 31117, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        A message from the Senate by Mr. Arrington, one of its clerks, 
    announced

[[Page 3660]]

    that the Senate had passed with amendments in which the concurrence 
    of the House is requested, a bill of the House of the following 
    title:

            H.R. 11394. An act to amend certain provisions of the 
        Internal Revenue Code of 1954 relating to distilled spirits, 
        and for other purposes. . . .

        The Speaker laid before the House the following message from 
    the President of the United States, which was received October 11; 
    which was read and, together with the accompanying papers, referred 
    to the Committee on Education and Labor and ordered to be printed 
    with illustrations:
        To the Congress of the United States:

            I am pleased to transmit the Third Annual Report of the 
        Office of Economic Opportunity