[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[C. Objections to Absence of a Quorum; Points of No Quorum]
[Â§ 13. In General; Timeliness and Diligence]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3660-3682]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
       C. OBJECTIONS TO ABSENCE OF A QUORUM; POINTS OF NO QUORUM
 
Sec. 13. In General; Timeliness and Diligence


    Recently adopted provisions in Rule XV clause 6 specify certain 
times or circumstances in which a point of no quorum cannot be made or 
entertained and enumerate others where, once the presence of a quorum 
has been ascertained, the point of no quorum may not be entertained.--
Certain parts of clause 6 reflect and incorporate existing precedents 
concerning points of no quorum; others are new and further restrict the 
use of the point of order that a quorum is not present. These 
provisions will be discussed in the supplements to this chapter as they 
appear.(16) The precedents which follow must be considered 
in the light of the changes to Rule XV adopted since April 1974.
---------------------------------------------------------------------------
16. See also Sec. 10, supra, for a discussion of proceedings which do 
        and do not require a quorum.
---------------------------------------------------------------------------

    Although it is clear that an objection to a vote because of the 
absence of a quorum comes too late after the motion to reconsider has 
been laid on the table,(1) whether an objection is timely 
when made following the announcement of a vote depends on several 
factors. For example, points of no quorum have been held to be timely 
and in order when made after the Chair announced his opinion that the 
noes on a voice vote prevailed but before the House proceeded to other 
business; (2) after a parliamentary inquiry which 
immediately followed announcement of the number who voted on a divi
---------------------------------------------------------------------------
 1. Sec. Sec. 13.23-13.25, infra.
 2. Sec. 13.16, infra.
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[[Page 3661]]

sion vote (3) and after refusal of a yea and nay vote which 
followed a division.(4)
---------------------------------------------------------------------------
 3. Sec. 13.18, infra.
 4. Sec. 13.19, infra.
---------------------------------------------------------------------------

In General

Sec. 13.1 A sufficient number having stood to order the yeas and nays, 
    but prior to the start of the roll call, the Speaker pro tempore 
    recognized a Member who had shown due diligence to object to a vote 
    on the ground of no quorum, thus causing the roll call to be 
    automatic.

    On Feb. 18, 1943,(5) during consideration of House 
Resolution 124, to appropriate funds for the Select Committee to 
Investigate Un-American Activities, the Chair caused the call to be 
automatic.
---------------------------------------------------------------------------
 5. 89 Cong. Rec. 1111, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (6) The question is on the 
    resolution.
---------------------------------------------------------------------------
 6. Jere Cooper (Tenn.).
---------------------------------------------------------------------------

        The question was taken; and on a division (demand by Mr. 
    Dickstein and Mr. Kennedy) there were--ayes 133, noes 29.
        Mr. [Samuel] Dickstein [of New York] rose.
        Mr. [Leo E.] Allen of Illinois: Mr. Speaker, I demand the yeas 
    and nays.
        The Speaker Pro Tempore: The gentleman from Illinois demands 
    the yeas and nays. Those in favor of ordering the yeas and nays 
    will rise and stand until counted.
        Evidently, a sufficient number.
        Mr. Dickstein: Mr. Speaker, I was on my feet making a point of 
    order that a quorum is not present, and I make the point of order 
    that a quorum is not present.
        The Speaker Pro Tempore: Evidently a quorum is not present. The 
    call is automatic.

Sec. 13.2 The fact that a Member is on his feet does not constitute 
    notice to the Chair that he is seeking recognition to object to a 
    vote on the ground that a quorum is not present.

    On Oct. 5, 1962,(7) during consideration of S. 1447, to 
amend the Teachers' Salary Act for the District of Columbia, Speaker 
John W. McCormack, of Massachusetts, ruled on the proper procedure to 
raise a point of no quorum.
---------------------------------------------------------------------------
 7. 108 Cong. Rec. 22649, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The question is on the committee amendment.
        The committee amendment was agreed to.
        The bill was ordered to be read a third time, was read the 
    third time, and passed, and a motion to reconsider was laid on the 
    table. . . .
        Mr. [James G.] Fulton [of Pennsylvania]: Mr. Speaker, I object 
    to the

[[Page 3662]]

    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 bill has already passed.
        Mr. Fulton: Mr. Speaker, I was on my feet.
        The Speaker: The Chair will state that if a Member is on his 
    feet, that is insufficient. The gentleman did not address the 
    Chair.

Sec. 13.3 The action of the House in passing a bill was, by unanimous 
    consent, vacated when a Member insisted that he had been on his 
    feet seeking recognition to object to the vote on the ground that a 
    quorum was not present.

    On Oct. 5, 1962,(8) during consideration of S. 1447, to 
amend the Teachers' Salary Act for the District of Columbia, Speaker 
John W. McCormack, of Massachusetts, ordered the proceedings vacated 
after a Member insisted that he had timely sought recognition to raise 
a point of no quorum.
---------------------------------------------------------------------------
 8. 108 Cong. Rec. 22649, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [James G.] Fulton [of Pennsylvania]: 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 bill has already passed.
        Mr. Fulton: Mr. Speaker, I was on my feet.
        The Speaker: The Chair will state that if a Member is on his 
    feet, that is insufficient. The gentleman did not address the 
    Chair.
        Mr. Fulton: I was saying ``Mr. Speaker,'' and was not heard. I 
    was on my feet.
        The Speaker: If the gentleman asks unanimous consent to vacate 
    the action, the Chair will entertain a request. But the passage of 
    the bill had been completed.
        Mr. Fulton: Mr. Speaker, I was on my feet addressing the 
    Speaker, but I was not recognized.
        The Speaker: The Chair does not know what is in the gentleman's 
    mind when the gentleman is on his feet.
        Mr. Fulton: I was saying ``Mr. Speaker,'' right straight 
    through. I am sure it is the custom of the House to be recognized 
    when a point of order is being made.
        The Speaker: Without objection, the action whereby the bill was 
    passed will be vacated.
        There was no objection.

Sec. 13.4 A point of no quorum (made following announcement of a 
    division vote on an amendment, totaling less than a quorum) does 
    not precipitate an automatic roll call under Rule XV clause 4 
    (9) unless an objection to the vote on the ground that a 
    quorum is not present is made and sustained.
---------------------------------------------------------------------------
 9. See House Rules and Manual Sec. 773 (1979).
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[[Page 3663]]

    On Feb. 21, 1967,(10) during consideration of House 
Resolution 83, authorizing the Committee on Agriculture to make studies 
and investigations within its jurisdiction, a quorum call--and not an 
``automatic'' vote under Rule XV clause 4--preceded the Chair's putting 
the question on the next motion, ordering the previous 
question.(11)
---------------------------------------------------------------------------
10. 113 Cong. Rec. 4139, 4140, 90th Cong. 1st Sess.
11. Note: Representative Paul C. Jones (Mo.), intended to demand a 
        second division vote on the amendments following the quorum 
        call. During the call he was advised that a vote de novo would 
        not be in order; consequently, he did not press the point after 
        the quorum had been established.
---------------------------------------------------------------------------

        The Speaker: (12) The question is on agreeing to the 
    committee amendments.
---------------------------------------------------------------------------
12. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The question was taken; and on a division (demanded by Mr. 
    Jones of Missouri), there were--ayes 34, noes 13.
        So the committee amendments were agreed to.

        Mr. Jones of Missouri: Mr. Speaker, I make the point of order 
    that a quorum is not present.
        The Speaker: Does the gentleman make the straight point of 
    order that a quorum is not present?
        Mr. Jones of Missouri: Mr. Speaker, the gentleman makes the 
    point of order. I want to get a quorum here and then I will have a 
    division.
        The Speaker: The gentleman from Missouri makes the point of 
    order that a quorum is not present.
        The Chair will state that the vote is automatic at this point.
        Mr. Jones of Missouri: The vote on the resolution is not 
    automatic. At this point we are only voting on the amendments.
        The Speaker: Does the gentleman from Missouri make the point of 
    order that a quorum is not present and objects to the vote on the 
    ground that a quorum is not present?
        Evidently, a quorum is not present.
        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state the parliamentary 
    inquiry.
        Mr. Hall: Mr. Speaker, the parliamentary inquiry is whether or 
    not the gentleman from Missouri did object to the vote on the basis 
    that a quorum was not present as was stated by the Speaker.
        The Speaker: The Chair would like to understand clearly what 
    the gentleman from Missouri is demanding.
        Is the gentleman from Missouri demanding a straight quorum 
    call?
        Mr. Jones of Missouri: I was demanding a straight quorum call, 
    and then I am going to ask for a division when we come to adopting 
    the resolution.
        The Speaker: Evidently a quorum is not present.

                             Call of the House

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

[[Page 3664]]

        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall, 323 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        Mr. [Richard] Bolling [of Missouri]: Mr. Speaker, I move the 
    previous question.
        The Speaker: The question is on ordering the previous question.
        The question was taken, and on a division (demanded by Mr. 
    Jones of Missouri) there were--ayes 87, noes 35.
        Mr. Jones 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: 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 230, nays 85, not 
    voting 117, as follows: . . .
        So the previous question was ordered. . . .
        The Speaker: The question is on agreeing to the resolution as 
    amended.
        The question was taken, and on a division (demanded by Mr. 
    Jones of Missouri) there were--ayes 128, noes 25.
        Mr. Jones 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 gentleman from Missouri objects to the vote on 
    the ground that a quorum is not present, and makes the point of 
    order that a quorum is not present.
        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.

Sec. 13.5 Where objection was made to a vote on the ground that a 
    quorum was not present, the Speaker, without ruling on the point of 
    no quorum and pursuant to a special order, declared that further 
    proceedings would be put over until the following day.

       An objection to a vote on the ground that a quorum is not 
    present takes precedence of a demand for tellers on such question.

    On May 4, 1966,(13) during consideration of H.R. 14745, 
appropriations measures for the Departments of Labor and Health, 
Education, and Welfare for fiscal year 1967, Speaker John W. McCormack, 
of Massachusetts, ruled on the precedence of a point of no quorum over 
a demand for tellers.
---------------------------------------------------------------------------
13. 112 Cong. Rec. 9838, 9839, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Frank T.] Bow [of Ohio]: Mr. Speaker, I offer a motion to 
    recommit.
        The Speaker: Is the gentleman opposed to the bill?

[[Page 3665]]

        Mr. Bow: I am, Mr. Speaker.
        The Speaker: The Clerk will report the motion to recommit. . . 
    .
        The Speaker: The question is on the motion to recommit.
        Mr. Bow: Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were refused.
        The Speaker: The question is on the passage of the bill.
        Mr. Bow: 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: Under the order of the House of May 3, further 
    proceedings will be postponed until tomorrow.(14)
---------------------------------------------------------------------------
14. On May 3, 1966, the House agreed by unanimous consent to postpone 
        roll calls, except on procedural matters, from Wednesday, May 
        4, 1966, to Thursday, May 5, 1966, to permit Members to attend 
        the funeral of Senator Patrick V. McNamara (Mich.). See 112 
        Cong. Rec. 9686, 89th Cong. 2d Sess., May 3, 1966.
---------------------------------------------------------------------------

        Mr. [Melvin R.] Laird [of Wisconsin]: Mr. Speaker, is this on 
    the motion to recommit, or on passage?
        The Speaker: This is on passage.
        Mr. Laird: That is what I thought, Mr. Speaker.
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford: As I understood it, the question was on the 
    motion to recommit.
        Mr. Speaker, in all sincerity, it did not appear to me that the 
    motion to recommit had been put to the House.
        The gentleman from Ohio was on his feet and the assumption was, 
    from that fact, that he was objecting to the vote on the motion to 
    recommit.
        The Speaker: The Chair will always try to protect the intent of 
    a Member. Without objection, the question will be on the motion to 
    recommit, and under the order of May 3, that vote will go over to 
    tomorrow.
        Mr. [John E.] Fogarty [of Rhode Island]: Mr. Speaker, I ask for 
    tellers on the motion to recommit.
        The Speaker: The Chair will state that the Chair has already 
    announced that under the order of May 3, the vote will go over 
    until tomorrow.
        Mr. Fogarty: Is a teller vote a record vote?
        The Speaker: The Chair has already passed upon the demand of 
    the gentleman from Ohio who objected to the vote on the ground that 
    a quorum was not present and made the point of order that a quorum 
    was not present on the motion to recommit. The Chair has already 
    passed on that and stated that under the order of May 3, the vote 
    is postponed for further consideration until tomorrow.
        Mr. Fogarty: Mr. Speaker, a parliamentary inquiry, then.
        The Speaker: Does the gentleman from Ohio withdraw his point of 
    order of no quorum?
        Mr. Bow: Yes, Mr. Speaker, I do at this point.
        The Speaker: Then, the vote on the motion to recommit will go 
    over until tomorrow.
        Mr. Fogarty: Mr. Speaker, I would expect the same consideration 
    on this side as was given to the gentleman from Ohio when it was 
    too late on his

[[Page 3666]]

    motion to recommit. I have been standing on my feet trying to get 
    recognized for a teller vote. I would expect the same consideration 
    be given to me as was given to the opposition. I was trying to 
    demand tellers all the time and I was not recognized. All I ask for 
    is the same consideration as was given to the gentleman from Ohio.
        The Speaker: The Chair will state that the Chair has made its 
    ruling that under the order of May 3 further proceedings will go 
    over on the motion to recommit and on the final passage of the bill 
    until tomorrow.
        Mr. Fogarty: I never realized a teller vote was a record vote.
        The Speaker: The point of order that no quorum was present had 
    been made by the gentleman from Ohio. The Chair will advise the 
    gentleman from Rhode Island that that point of order takes 
    precedence.
        Mr. Fogarty: I was trying to get recognized before the point of 
    order of no quorum was made and before the decision of the Chair 
    was made in favor of the gentleman from Ohio and against the 
    gentleman from Rhode Island.
        The Speaker: The point of order of no quorum, the Chair will 
    state, takes precedence over the demand for tellers and the 
    gentleman from Ohio has made the point of order of no quorum.
        Mr. Fogarty: The only point I make is I think the Chair ruled 
    in favor of the gentleman from Ohio and against the gentleman from 
    Rhode Island. That is the way it seems to me. If the Chair insists 
    on it, there is not anything I can do about it. I just want my 
    views known and expressed. That is the way I feel about it.
        The Speaker: The motion to recommit is the right of the 
    minority, and if the member of the minority seeks recognition and 
    is qualified, then he is recognized. The gentleman from Ohio 
    pursued his rights in demanding a call by the yeas and nays. An 
    insufficient number rose. The gentleman from Ohio then made a point 
    of order that a quorum was not present and objected to the vote on 
    that ground. The Chair has already made its ruling that under the 
    order of May 3, further proceedings under the call are postponed 
    until tomorrow.
        Mr. Fogarty: How am I to know that a quorum is not present?
        The Speaker: The Chair counted. The Chair is aware of the 
    number.
        Mr. Fogarty: I assumed that the Chair counted the necessary 
    number for a rollcall vote and found an insufficient number arose 
    for that purpose but not for the purpose of establishing a quorum.
        That was my understanding of the Chair at that time.
        The Speaker: The Chair will repeat for the benefit of the 
    gentleman from Rhode Island [Mr. Fogarty] that in accordance with 
    the order of May 3, further consideration at this stage of the bill 
    is postponed until tomorrow on a motion to recommit. That is the 
    status of the matter and there is nothing left which the Chair can 
    say.

    Parliamentarian's Note: After objection to a vote on the ground 
that a quorum is not present has been made and, pursuant to previous 
agreement, the vote put over to the following day, a demand for tellers 
on the propo

[[Page 3667]]

sition is not in order because the question is no longer before the 
House.

During Debate

Sec. 13.6 A point of no quorum may interrupt a Member in debate.

    On July 29, 1935,(15) Louis Ludlow, of Indiana, Speaker 
pro tempore, indicated that debate in the House could not proceed if a 
point of no quorum were made and sustained and that a point of no 
quorum could interrupt a Member who held the floor in debate.
---------------------------------------------------------------------------
15. 79 Cong. Rec. 12017, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, the 
    gentleman is making a very good speech; therefore I make the point 
    of order there is not a quorum present.
        Mr. [Samuel B.] Pettengill [of Indiana]: Mr. Speaker, I make 
    the point that the gentleman cannot make a point of no quorum while 
    the gentleman from Maryland is speaking.
        The Speaker Pro Tempore: The Chair will count.
        Mr. [Henry B.] Steagall [of Alabama]: Mr. Speaker, the 
    gentleman from Maryland has not yielded for a point of no quorum.
        The Speaker Pro Tempore: The Chair will state that a quorum 
    must be present before any business may be transacted.

    Parliamentarian's Note: See Rule XV clause 6 and interpretations of 
that rule in supplements to this edition to the effect that debate is 
not business of the House under that rule as amended.

Sec. 13.7 A point of no quorum may interrupt a Member having the floor 
    in debate.

    On July 2, 1940,(1) Speaker William B. Bankhead, of 
Alabama, alluded to the constitutional question raised by a point of no 
quorum.
---------------------------------------------------------------------------
 1. 86 Cong. Rec. 9189, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        Mr. [J. Parnell] Thomas of New Jersey: Mr. Speaker, I make a 
    point of order that there is not a quorum present.

        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, I do not 
    yield for that purpose.
        The Speaker: The point of no quorum is a constitutional 
    question at all times. Does the gentleman from New Jersey insist 
    upon his point of order?
        Mr. Thomas of New Jersey: I do.
        The Speaker: The Chair will count. [After counting.] One 
    hundred and sixty-three Members are present, not a quorum.
        Mr. [Clarence] Cannon of Missouri: Mr. Speaker, I move a call 
    of the House.
        A call of the House was ordered.

Sec. 13.8 A point of no quorum is a privileged matter and is in

[[Page 3668]]

    order at any time, even when a Member has the floor in debate.

    On May 4, 1949,(2) during consideration in the Committee 
of the Whole of H.R. 3989, to incorporate the Virgin Islands 
Corporation, the Chairman, Henry M. Jackson, of Washington, made a 
ruling regarding the privileged nature of a point of no 
quorum.(3)
---------------------------------------------------------------------------
 2. 95 Cong. Rec. 5616, 5617, 81st Cong. 1st Sess.
 3. See also 95 Cong. Rec. 9312, 81st Cong. 1st Sess., July 12, 1949; 
        and 79 Cong. Rec. 1868, 74th Cong. 1st Sess., July 29, 1935.
---------------------------------------------------------------------------

        Mr. [Fred L.] Crawford [of Michigan]: Mr. Chairman, I yield 10 
    minutes to the gentleman from Nebraska [Mr. Miller].
        Mr. [Donald W.] Nicholson [of Massachusetts]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Nicholson: Is it in order to move that the Committee 
    adjourn?
        The Chairman: That motion is not in order in Committee. . . .
        Mr. Nicholson: Mr. Chairman, I make the point of order that a 
    quorum in not present.
        Mr. [Monroe M.] Redden [of North Carolina]: Mr. Chairman, I 
    have not heard the gentleman from Massachusetts ask the gentleman 
    from Nebraska to yield and therefore suggest that the gentleman 
    from Massachusetts is out of order.
        The Chairman: The Chair will state that a point of order based 
    on no quorum is a privileged matter and is in order at any time.

Sec. 13.9 A point of no quorum may be made while a Member is occupying 
    the floor in debate; in the event there is no quorum, the right of 
    the Member to the floor is suspended until a quorum is secured.

    On Mar. 25, 1937,(4) Speaker William B. Bankhead, of 
Alabama, stated the procedure when a quorum is not present.
---------------------------------------------------------------------------
 4. 81 Cong. Rec. 2793, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Scott W.] Lucas [of Illinois]: Mr. Speaker, will the 
    gentleman yield?
        Mr. [Ralph E.] Church [of Illinois]: When I finish my 
    statement, please.
        Mr. [Joseph W.] Martin [Jr.] of Massachusetts: I demand the 
    gentleman be protected in his rights.
        The Speaker: The gentleman has declined to yield.
        Mr. [Frank E.] Hook [of Michigan]: Mr. Speaker, I make the 
    point of no quorum.
        The Speaker: The gentleman from Michigan makes the point there 
    is no quorum present. The Chair will count. [After counting.] One 
    hundred and ten Members are present, not a quorum.
        Mr. [Sam] Rayburn [of Texas]: Mr. Speaker, I move that the 
    House do now adjourn.
        Mr. [Adolph J.] Sabath [of Illinois]: Mr. Speaker, will the 
    gentleman yield?
        Mr. Rayburn: No business can be conducted in the absence of a 
    quorum.

[[Page 3669]]

        Mr. Sabath: I should like to answer these despicable 
    statements.
        The Speaker: The gentleman from Texas moves the House do now 
    adjourn.
        Mr. Church: I will yield to the gentleman. I want to be fair.
        The Speaker: No business of any character can be transacted 
    during the absence of a quorum. It raises a constitutional 
    question. A quorum is not present. The gentleman from Texas has 
    moved that the House do now adjourn, which is not a debatable 
    motion.
        The question was taken; and the Speaker announced that the ayes 
    had it.
        Mr. [Hamilton] Fish [Jr., of New York]: Mr. Speaker, I ask for 
    the yeas and nays.
        The Speaker: The gentleman from New York demands the yeas and 
    nays.
        The yeas and nays were refused.
        So the motion to adjourn was agreed to.

During Special Order

Sec. 13.10 A point of no quorum interrupted a Member who was speaking 
    under a special order following the business of the day.

    On Sept. 22, 1965,(5) a call of the House interrupted a 
special order.(6)
---------------------------------------------------------------------------
 5. 111 Cong. Rec. 24716, 24717, 89th Cong. 1st Sess.
 6. 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.
---------------------------------------------------------------------------

        The Speaker: (7) Under previous order of the House 
    the gentleman from New York [Mr. Multer] is recognized for 20 
    minutes.
---------------------------------------------------------------------------
 7. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [Abraham J.] Multer: Mr. Speaker, I ask unanimous consent 
    to revise and extend my remarks and include extraneous matter.
        The Speaker: Is there objection to the request of the gentleman 
    from New York?

        There was no objection.
        Mr. Multer: Mr. Speaker, as the Members of the House well know, 
    for many long days and hours the gentleman from New York [Mr. 
    Horton], the gentleman from Maryland [Mr. Mathias], the gentleman 
    from Maryland [Mr. Sickles], and I have been engaged in a 
    bipartisan effort to bring to the District of Columbia home rule 
    which will be meaningful home rule to the District. . . .
        Mr. [Joe D.] Waggonner [Jr., of Louisiana]: 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.

[[Page 3670]]

During Reading of Resolution

Sec. 13.11 A point of no quorum may interrupt the reading of a 
    resolution.

    On Mar. 1, 1967,(8) reading of a privileged resolution 
was interrupted.(9)
---------------------------------------------------------------------------
 8. 113 Cong. Rec. 4997, 90th Cong. 1st Sess. Compare Sec. 13.28, 
        infra, where the Chair refused to permit a point of no quorum 
        during the reading of a resolution called up immediately 
        following the establishment of a quorum.
 9. See also 111 Cong. Rec. 26727, 26728, 89th Cong. 1st Sess., Oct. 
        12, 1965; and 92 Cong. Rec. 10639, 10640, 79th Cong. 2d Sess., 
        Aug. 1, 1946
---------------------------------------------------------------------------

        Mr. [Emanuel] Celler [of New York]: Mr. Speaker, pursuant to 
    House Resolution 1, I call up for immediate consideration the 
    following privileged resolution, House Resolution 278, which is at 
    the Clerk's desk.
        The Clerk read the resolution, as follows:

            Whereas,
            The Select Committee appointed pursuant to H. Res. 1 (90th 
        Congress) has reached the following conclusions:
            First, Adam Clayton Powell possesses the requisite 
        qualifications of age, citizenship and inhabitancy for 
        membership in the House of Representatives. . . .

        Mr. [Porter] Hardy [Jr., of Virginia] (during reading of H.R. 
    278): Mr. Speaker, I make the point of order that a quorum is not 
    present.
        The Speaker: (10) Evidently a quorum is not present.
---------------------------------------------------------------------------
10. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 420 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with. . . .
        The Speaker: The Clerk will resume the reading of the 
    resolution.

Sec. 13.12 A Member may make a point of no quorum during the reading of 
    a privileged resolution.

    On July 31, 1946,(11) Speaker Sam Rayburn, of Texas, 
ruled on the propriety of interrupting the reading of a privileged 
resolution relating to contempt of a witness.(12)
---------------------------------------------------------------------------
11. 92 Cong. Rec. 10592, 79th Cong. 2d Sess.
12. But see Sec. 13.28, infra, for a precedent in which the point of no 
        quorum was not permitted during the reading of a privileged 
        resolution called up immediately after establishment of a 
        quorum by a call of the House.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, I send to 
    the Clerk's desk a privileged resolution.
        The Speaker: The Clerk will report the resolution.

[[Page 3671]]

        The Clerk read the resolution, as follows:

            Resolved, That the Speaker of the House of Representatives 
        certify the foregoing report of the House Committee on Un-
        American Activities as to the willful and deliberate refusal of 
        the following persons to produce before the said committee for 
        its inspection certain books, papers, and records.

        Mr. [Vito] Marcantonio [of New York]: Mr. Speaker, a point of 
    order. I make the point of order that a quorum is not present.
        Mr. Rankin: Mr. Speaker, I make the point of order that the 
    gentleman is interrupting the reading of a resolution that is 
    privileged.
        Mr. Marcantonio: That is just too bad.
        The Speaker: The resolution is privileged but a Member may make 
    a point of no quorum at any time.
        Evidently there is no quorum present.
        Without objection, a call of the House is ordered.
        There was no objection.

Effect of Postponing Roll Calls

Sec. 13.13 An agreement to postpone roll call votes until a time 
    certain would not preclude a point of order of no quorum prior to 
    that time.

    On July 30, 1970,(13) Speaker John W. McCormack, of 
Massachusetts, answered a parliamentary inquiry relating to the effect 
of an agreement to postpone roll calls.
---------------------------------------------------------------------------
13. 116 Cong. Rec. 26525, 26526, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Hall: Mr. Speaker, in the opinion of the Chair, is the 
    unanimous consent restriction on quorum calls and on votes put over 
    until after 4 p.m. today, anent the return of those who would honor 
    our departed colleague still in effect inasmuch as they have 
    returned, and many of them are now on the floor?
        The Speaker: The gentleman will restate his parliamentary 
    inquiry.
        Mr. Hall: Mr. Speaker, may I inquire, in view of the fact that 
    there was an agreement as to quorum calls and rollcalls, whether or 
    not we may see by a quorum call whether we have a quorum on the 
    floor, in view of the importance of this bill, and in view of the 
    fact that it was not scheduled, and in view of the fact that we 
    were deferring until our colleagues returned from Ohio and the 
    services for our departed colleague, Mike Kirwan.
        The Speaker: The Chair will state there is no agreement that 
    would prevent a point of order that a quorum is not present.
        The Chair will further state that the action taken has been 
    with the understanding of the leadership on both sides and with the 
    further understanding that general debate on the bill will 
    terminate at 4 o'clock.
        Mr. Hall: Mr. Speaker, I appreciate the statement of the Chair. 
    The Chair

[[Page 3672]]

    has answered my question. I thoroughly understand the problem, and 
    I am interested in expediting the business of this House, but 
    because of the importance of this bill and the national interest, I 
    make the point of order that a quorum is not present.
        Mr. [Wright] Patman [of Texas]: Mr. Speaker, will the gentleman 
    withhold his point of order so I may ask a question?
        Mr Hall: I will withhold my point of order.
        Mr. Patman: Mr. Speaker, the understanding is that we will go 
    ahead and at 4 o'clock we will stop, and then we will have the 
    rollcalls, and then the question of proceeding will take place 
    after that.
        Mr. Hall: Mr. Speaker, I appreciate that, but the importance as 
    brought out during the discussion of the rule far transcends the 
    importance of a lapsed agreement, or stopping at any time certain 
    to resume the other rollcalls. I believe Members should be here and 
    hear whether we should have a teller vote on whether we go into 
    session, so I let my point of order stand.
        The Speaker: The gentleman insists on his point of order?
        Mr. Hall: I do, Mr. Speaker.
        Mr. Speaker, I make the point of order that a quorum is not 
    present.
        The Speaker: Evidently a quorum is not present.
        Mr. [Henry S.] Reuss [of Wisconsin]: 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 335 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

During Reading of Journal

Sec. 13.14 A point of no quorum is in order during the reading of the 
    Journal.

    On Dec. 18, 1970,(14) the Speaker pro tempore ruled that 
the reading of the Journal could be interrupted by a point of no 
quorum.(15)
---------------------------------------------------------------------------
14. 116 Cong. Rec. 42505, 91st Cong. 2d Sess.
15. 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 the reading of the Journal and the deletion 
        of the requirement for the appearance of a quorum before 
        approval of the Journal in the 96th Congress on Jan. 15, 1979.
---------------------------------------------------------------------------

        The Speaker: (16) The Clerk will proceed with the 
    reading of the Journal.
---------------------------------------------------------------------------
16. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, I demand that 
    the Journal be read in full.
        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday. . . .
        Mr. [H. R.] Gross [of Iowa] (during the reading): Mr. Speaker, 
    I make the point of order that a quorum is not present.

[[Page 3673]]

        The Speaker Pro Tempore: (17) The Chair will count. 
    . . .
---------------------------------------------------------------------------
17. William J.B. Dorn (S.C.).
---------------------------------------------------------------------------

        Mr. [Samuel S.] Stratton [of New York]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman from New York will state 
    his parliamentary inquiry.
        Mr. Stratton: Mr. Speaker, is it in order for a Member to be 
    recognized during the reading of the Journal which is a highly 
    privileged document which we all want to hear in full?
        The Speaker Pro Tempore: The Chair will inform the 
    distinguished gentleman from New York that a point of order that a 
    quorum is not present is always in order.
        A quorum is not present.
        Mr. [Claude D.] Pepper [of Florida]: Mr. Speaker, I move a call 
    cf the House.
        A call of the House was ordered.

Sec. 13.15 The reading of the Journal was interrupted by a point of no 
    quorum and a call of the House.

    On Nov. 3, 1967,(18) the following proceedings took 
place:
---------------------------------------------------------------------------
18. 113 Cong. Rec. 31081, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: (19) The Clerk will read the Journal of 
    the proceedings of Thursday, November 2, 1967.
---------------------------------------------------------------------------
19. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The Clerk began the reading of the Journal. . . .
        Mr. [H. R.] Gross [of Iowa]: 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: . . .
        The Speaker: On this rollcall 298 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.

After Announcement of Voice Vote

Sec. 13.16 Objection to a vote in the House under Rule XV clause 
    4,(20) does not come too late after the Chair has 
    announced his opinion of the voice vote on that question but before 
    the House has proceeded to further business.
---------------------------------------------------------------------------
20. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Sept. 28, 1972,(1) during consideration of H.R. 
13694, the American Revolution Bicentennial Commission amendments, 
Speaker pro tempore Chet Holifield, of California, ruled on the 
timeliness of a point of no quorum.
---------------------------------------------------------------------------
 1. 118 Cong. Rec. 32766, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk reread the amendment.

[[Page 3674]]

        The Speaker Pro Tempore: The question is on the amendment.
        The question was taken; and the Speaker pro tempore announced 
    that the noes appeared to have it.
        Mr. [Lawrence G.] Williams [of Pennsylvania]: Mr. Speaker, I 
    object to the vote on the ground that a quorum is not present and 
    make the point of order that a quorum is not present.
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: The gentleman will state his 
    parliamentary inquiry.
        Mr. Gerald R. Ford: Mr. Speaker, I believe that the request of 
    the gentleman from Pennsylvania (Mr. Williams), for a rollcall vote 
    comes too late.
        The Speaker Pro Tempore: The Chair will state that the Chair 
    had announced his opinion of the vote, but had not proceeded to the 
    next question. Does the gentleman from Pennsylvania insist upon his 
    point of order that a quorum is not present and object to the vote 
    on the ground that a quorum is not present?
        Mr. Williams: I do, Mr. Speaker.
        The Speaker Pro Tempore: Evidently a quorum is not present.
        The Sergeant at Arms will notify absent Members, and the Clerk 
    will call the roll.
        The question was taken; and there were--yeas 145, nays 182, not 
    voting 103.

After Permission to Extend Remarks

Sec. 13.17 A second point of order that a quorum is not present is in 
    order after intervening business such as permission to extend 
    remarks in the Record.

    On June 4, 1951,(2) The Speaker pro tempore, J. Percy 
Priest, of Tennessee, ruled that a second point of no quorum was in 
order.
---------------------------------------------------------------------------
 2. 97 Cong. Rec. 6096, 6097, 82d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, I make the 
    point of order a quorum is not present.

        The Speaker Pro Tempore: Evidently a quorum is not present.
        Mr. [Jere] Cooper [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 242 Members have 
    answered to their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with. . . .
        Mr. Harrison of Virginia asked and was given permission to 
    extend his remarks in two instances and include extraneous matter. 
    . . .
        Mr. [Herman P.] Eberharter [of Pennsylvania]: Mr. Speaker, I 
    make the point of order that a quorum is not present. . . .
        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.

[[Page 3675]]

        Mr. Halleck: Mr. Speaker, in view of the fact that a call of 
    the House has just disclosed the presence of a quorum, is not the 
    point of order sought to be made by the gentleman from Pennsylvania 
    out of order at this time?
        The Speaker Pro Tempore: The Chair may say that some business 
    has been transacted since the quorum was announced by the Chair.
        Mr. Eberharter: Mr. Speaker, I renew my point of order that a 
    quorum is not present.
        The Speaker Pro Tempore: The Chair will count. [After 
    counting.] One hundred and forty-one Members are present, not a 
    quorum.
        Mr. [Mike] Mansfield [of Montana]: Mr. Speaker, I move a call 
    of the House.
        A call of the House was ordered.

Preceded by Parliamentary Inquiry

Sec. 13.18 Even though the Chair entertains a parliamentary inquiry 
    following announcement of a vote by division, an objection to a 
    vote on the grounds that a quorum was not present and voting does 
    not come too late and is in order.

    On Mar. 7, 1956,(3) during consideration of amendments 
to H.R. 9739, making appropriations for executive bureaus and agencies 
for the fiscal year ending June 30, 1957, Speaker pro tempore John W. 
McCormack, of Massachusetts, ruled on the timeliness of a point of no 
quorum.
---------------------------------------------------------------------------
 3. 102 Cong. Rec. 4215, 4216, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The Clerk will report the amendment on 
    which a separate vote has been demanded.
        The Clerk read as follows:

            Page 18, strike out lines 14 through 20.

        The Speaker Pro Tempore: The question is on the amendment.
        The question was taken; and the Chair being in doubt, the 
    Committee divided and there were ayes 17, noes 31.
        Mr. [Gordon] Canfield [of New Jersey]: Mr. Speaker, a point of 
    order.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Canfield: Is it too late to request that that amendment be 
    read to the House?
        The Speaker Pro Tempore: The Chair will state that the 
    amendment was read to the House.
        Mr. Canfield: Mr. Speaker, in all frankness, I do not believe 
    that many Members knew what they were voting on.
        The Speaker Pro Tempore: The amendment was read. The Chair 
    assumes every Member present was aware of the content of the 
    amendment.
        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.

[[Page 3676]]

        Mr. [John] Taber [of New York]: Mr. Speaker, I make the point 
    of order that the gentleman's point comes too late. There was a 
    parliamentary inquiry submitted since the division.
        The Speaker Pro Tempore: The gentleman from New Jersey [Mr. 
    Canfield] addressed the Chair on a point of order. The gentleman 
    from Iowa [Mr. Gross] was justified in waiting until that point of 
    order had been determined by the Chair. Immediately upon that 
    determination the gentleman from Iowa made the point of order that 
    a quorum was not present and objected to the vote on the ground 
    that a quorum was not present. The Chair feels that the gentleman 
    from Iowa exercised his rights under the rules in such manner that 
    a point of order against his point of order would not lie.
        Evidently a quorum is not present.

After Division Vote and Rejection of Yeas and Nays

Sec. 13.19 Less than a quorum having voted on a division, and a yea and 
    nay vote having been refused, it is not too late to object to the 
    division vote on the ground that a quorum is not present.

    On June 1, 1942,(4) Speaker Sam Rayburn, of Texas, ruled 
on the timeliness of a point of no quorum.
---------------------------------------------------------------------------
 4. 88 Cong. Rec. 4767, 4774, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The gentleman's time has expired. All time has 
    expired. The question is, Will the rules be suspended and the bill 
    passed?
        The question was taken; and on a division (demanded by Mr. 
    Dingell) there were ayes 85 and noes 121.
        Mr. [Mike] Mansfield [of Montana]: Mr. Speaker, I ask for the 
    yeas and nays.
        The Speaker (after counting): Eighteen Members have arisen; not 
    a sufficient number.
        The yeas and nays were refused.
        Mr. [Herman P.] Kopplemann [of Connecticut]: Mr. Speaker, I 
    raise the point of order that there is no quorum present, and I 
    object to the vote on that ground.

        The Speaker: The Chair will count.
        Mr. [Albert E.] Carter [of California]: Mr. Speaker, I make the 
    point of order that the gentleman's point of order comes too late.
        The Speaker: The Chair will hold that it does not come too 
    late. The Chair will count. [After counting.] More than 218 Members 
    are present, a quorum.
        So, two-thirds not having voted in favor thereof, the motion to 
    suspend the rules and pass the bill was rejected.

After Division Vote

Sec. 13.20 Objection to a voice vote for lack of a quorum having been 
    withdrawn and demand then being made for a division, an objection 
    to the division vote for lack of a quorum is in order and, if a 
    quorum is not present, the roll call is automatic.

[[Page 3677]]

    On Feb. 5, 1957,(5) during consideration of H.R. 4249, 
to make appropriations for the fiscal year ending June 30, 1957, an 
automatic roll call took place.
---------------------------------------------------------------------------
 5. 103 Cong. Rec. 1553, 85th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: (6) The Clerk will report the amendment 
    on which a separate vote is demanded. . . .
---------------------------------------------------------------------------
 6. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        The Speaker: The question is on the amendment.
        The question was taken and the Speaker announced that the 
    ``ayes'' had it.
        Mrs. [Edith S.] Green of Oregon: Mr. Speaker, I object to the 
    vote on the ground a quorum is not present.
        The Speaker: The Chair will count.
        Mrs. Green of Oregon: Mr. Speaker, I withdraw the point of 
    order and ask for a division.
        The question was taken; and on a division (demanded by Mrs. 
    Green of Oregon) there were--ayes 118, noes 46.
        Mrs. Green of Oregon: Mr. Speaker, I object to the vote on the 
    ground that a quorum is not present, and I make the point of order 
    that a quorum is not present.
        Mr. H. Carl Andersen [of Minnesota]: Mr. Speaker, a point of 
    order.
        The Speaker: The gentleman will state it.
        Mr. H. Carl Andersen: The point of order is that that request 
    has already been made in reference to this vote, and the 
    gentlewoman withdrew it.
        The Speaker: The objection to the voice vote on the grounds 
    that a quorum was not present was withdrawn. The objection to the 
    vote by division, on the grounds that a quorum is not present, is 
    in order.
        Evidently a quorum is not present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.

During Vote on Amendment

Sec. 13.21 Where a quorum of the House is not present during the 
    consideration of a bill in the House as in Committee of the Whole, 
    any Member may object to the vote on an amendment and invoke an 
    ``automatic'' roll call.

    On May 11, 1970,(7) Speaker pro tempore John J. Flynt, 
Jr., of Georgia, entertained a point of no quorum during proceedings of 
the House as in the Committee of the Whole.
---------------------------------------------------------------------------
 7. 116 Cong. Rec. 14924, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The question is on the committee 
    amendments to the salary schedule found on pages 14 and 15 of the 
    bill.
        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        Mr. [Brock] Adams [of Washington]: Mr. Speaker, I object to the 
    vote on the ground that a quorum is not present and make the point 
    of order that a quorum is not present.
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, a parliamentary 
    inquiry.

[[Page 3678]]

        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Gross: Is this bill not being considered in the House as in 
    Committee of the Whole?
        The Speaker Pro Tempore: The gentleman is correct.
        Mr. Gross: Then, we cannot vote on an amendment on a roll-call 
    vote.
        The Speaker Pro Tempore: The Chair will state that the bill is 
    being considered in the House as in Committee of the Whole and it 
    is in the House. The gentleman's point of order is in order, and 
    the rollcall will be automatic as soon as the Chair announces it.
        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.

Before Prayer

Sec. 13.22 A quorum is not required for prayer by the Chaplain opening 
    a session, and the Speaker does not recognize Members for points of 
    no quorum at such time.

    On Mar. 19, 1941,(8) Speaker Sam Rayburn, of Texas, 
refused to entertain a point of no quorum raised before the opening 
prayer.(9)
---------------------------------------------------------------------------
 8. For the proceedings of this date, see Sec. 12.1, supra.
 9. See supplements to this edition for discussion of provisions in 
        Rule XV clause 6 adopted in the 93d Congress on Apr. 9, 1974, 
        and subsequently, to the effect that a point of no quorum shall 
        not be in order or entertained before or during prayer.
---------------------------------------------------------------------------

After Announcement of Vote Result

Sec. 13.23 It is too late to object to a vote for lack of a quorum 
    under Rule XV clause 4,(10) after the Speaker has 
    announced the result of the vote and a motion to reconsider has 
    been laid on the table.
---------------------------------------------------------------------------
10. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Apr. 17, 1972,(11) during consideration of H.R. 
13435, the Upper Colorado River basin authorization, Speaker Carl 
Albert, of Oklahoma, ruled on the timeliness of a point of no quorum.
---------------------------------------------------------------------------
11. 118 Cong. Rec. 12981, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The question is on the motion offered by the 
    gentleman from California (Mr. Johnson) that the House suspend the 
    rules and pass the bill H.R. 13435, as amended.
        The question was taken; and--two-thirds having voted in favor 
    thereof--the rules were suspended and the bill, as amended, was 
    passed.
        A motion to reconsider was laid on the table.
        Mr. [Mario] Biaggi [of New York]: Mr. Speaker, I object to the 
    vote on the ground that a quorum is not present

[[Page 3679]]

    and make the point of order that a quorum is not present.
        The Speaker: The gentleman's point comes too late. The 
    gentleman should have made that point before the result of the vote 
    was announced.

Sec. 13.24 Objection to a division vote on the ground that a quorum was 
    not present comes too late after the vote has been announced, the 
    bill passed, and a motion to reconsider laid on the table.

    On Sept. 17, 1962,(12) after a vote on H.R. 12761, to 
provide relief for occupants of unpatented mining claims, Speaker pro 
tempore Carl Albert, of Oklahoma, ruled that a point of no quorum was 
made too late.
---------------------------------------------------------------------------
12. 108 Cong. Rec. 19650, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The question is, Will the House 
    suspend the rules and pass the bill H.R. 12761?
        The question was taken, and on a division (demanded by Mr. 
    Dingell) there were--ayes 49, noes 13.
        The Speaker Pro Tempore: In the opinion of the Chair, two-
    thirds having voted in the affirmative, the rules are suspended and 
    the bill is passed, and without objection, a motion to reconsider 
    is laid on the table.
        There was no objection.
        Mr. [John D.] Dingell [Jr., of Michigan]: Mr. Speaker, I object 
    to the vote on the ground that a quorum is not present and make the 
    point of order that a quorum is not present.
        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I make the 
    point of order that the point of order comes too late. The result 
    of the vote has been announced.
        The Speaker Pro Tempore: The gentleman is making a point of 
    order.
        Mr. Dingell: And I object to the vote.
        The Speaker Pro Tempore: That objection comes too late.
        Mr. Dingell: Very well, Mr. Speaker, I withdraw the point of 
    order.

After Completing Action

Sec. 13.25 Objection to a vote on the ground that a quorum is not 
    present comes too late after the bill has been passed, a motion to 
    reconsider laid on the table, and further business is under 
    discussion but the Speaker may entertain a unanimous-consent 
    request to vacate the proceedings.

    On Oct. 5, 1962,(13) during consideration of S. 1447, to 
amend the Teachers' Salary Act for the District of Columbia, Speaker 
John W. McCormack, of Massachusetts, after indicating that objection to 
a vote had not been timely made, obtained unanimous consent to vacate 
the proceedings whereby the bill was passed, after a Member, James G. 
Fulton, of

[[Page 3680]]

Pennsylvania, insisted that he had timely sought recognition to raise a 
point of no quorum.

        The Speaker: The question is on the committee amendment.
        The committee amendment was agreed to.
        The bill was ordered to be read a third time, was read the 
    third time, and passed, and a motion to reconsider was laid on the 
    table. . . .
        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I would 
    like to inquire whether or not there are further conference reports 
    or unanimous-consent requests to be considered this evening.
---------------------------------------------------------------------------
13. 108 Cong. Rec. 22649, 22650, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John L.] McMillan [of South Carolina]: I have one more 
    bill I desire to call up from the Committee on the District of 
    Columbia.
        Mr. Fulton: 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 bill has already passed.
        Mr. Fulton: Mr. Speaker, I was on my feet.
        The Speaker: The Chair will state that if a Member is on his 
    feet, that is insufficient. The gentleman did not address the 
    Chair.
        Mr. Fulton: I was saying ``Mr. Speaker,'' and was not heard. I 
    was on my feet.
        The Speaker: If the gentleman asks unanimous consent to vacate 
    the action, the Chair will entertain a request. But the passage of 
    the bill had been completed.
        Mr. Fulton: Mr. Speaker, I was on my feet addressing the 
    Speaker, but I was not recognized.
        The Speaker: The Chair does not know what is in the gentleman's 
    mind when the gentleman is on his feet.
        Mr. Fulton: I was saying ``Mr. Speaker,'' right straight 
    through. I am sure it is the custom of the House to be recognized 
    when a point of order is being made.
        The Speaker: Without objection, the action whereby the bill was 
    passed will be vacated.
        There was no objection.

        The Speaker: The question is on the passage of the bill.
        The question was taken, and the Speaker announced that the ayes 
    appeared to have it.

Sec. 13.26 An action having been completed, the Speaker declined to 
    recognize a Member to object to the vote where the Member had not 
    shown the proper diligence in seeking recognition.

    On June 29, 1959,(1) after a vote on the conference 
report on H.R. 7523, to provide a one-year extension of existing 
corporate and excise tax rates (H. Rept. No. 587), Speaker Sam Rayburn, 
of Texas, declined to recognize for an objection to the vote on the 
ground that a quorum was not present.
---------------------------------------------------------------------------
 1. 105 Cong. Rec. 12110, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: Without objection, the previous question is 
    considered as ordered.
        There was no objection.

[[Page 3681]]

        The previous question was ordered.
        The Speaker: The question is on the conference report.
        The conference report was agreed to.
        A motion to reconsider was laid on the table.
        Mr. [Leonard G.] Wolf [of Iowa]: Mr. Speaker, I object on the 
    ground that a quorum was not present on that vote.
        The Speaker: The gentleman is somewhat late. The Chair would 
    not hold that the gentleman's point comes too late, if the 
    gentleman insists on it, but the Chair had already declared the 
    result of the vote and the motion to reconsider the vote was laid 
    on the table.

Between Establishment of Quorum and Reading Message

Sec. 13.27 Where a quorum had been established on a call of the House, 
    the Speaker has held that the act of laying a message before the 
    House is not such transaction of business so as to permit another 
    point of no quorum.

    On Apr. 21, 1971,(2) Speaker Carl Albert, of Oklahoma, 
ruled untimely a point of no quorum raised after a message was received 
but before it was read.(3)
---------------------------------------------------------------------------
 2. For the proceedings of this date, see Sec. 14.17, infra.
 3. See supplements to this edition for discussion of provisions in 
        Rule XV clause 6 adopted on Apr. 9, 1974, to the effect that a 
        point of no quorum may not be made or entertained during the 
        reception of any message from the President or the Senate.
---------------------------------------------------------------------------

During Reading of Resolution After Establishment of Quorum

Sec. 13.28 While a point of order of no quorum may ordinarily interrupt 
    the reading of a resolution (see Sec. 13.11, supra), the Chair has 
    refused to permit a point of no quorum during the reading of a 
    resolution called up immediately following the establishment of a 
    quorum by a call of the House.

    On Apr. 21, 1971,(4) Speaker Carl Albert, of Oklahoma, 
refused to allow interruption of reading of a resolution for a point of 
no quorum.
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 4. 117 Cong. Rec. 11101, 11102, 92d Cong. 1st Sess.
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        Mr. [Andrew] Jacobs [Jr., of Indiana]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: The Chair will count.
        One hundred twenty-three Members are present, not a quorum.
        Mr. [John J.] McFall [of California]: 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 352 Members have answered to 
    their names, a quorum.

[[Page 3682]]

        By unanimous consent, further proceedings under the call were 
    dispensed with. . .
        Mr. [Ray J.] Madden [of Indiana]: Mr. Speaker, by direction of 
    the Committee on Rules, I call up House Resolution 373 and ask for 
    its immediate consideration.
        The Clerk read as follows:

                                  H. Res. 373

            Resolved, That upon the adoption of this resolution it 
        shall be in order to move that the House resolve itself into 
        the Committee of the Whole. . . .

        Mr. Jacobs: Mr. Speaker, I make the point of order that a 
    quorum is not present.
        The Speaker: The Chair will state to the gentleman from Indiana 
    that there has been no completed business at all since the Chair 
    has just announced the presence of a quorum.
        The Clerk will continue reading the resolution

During Receipt of Report From Committee of the Whole

Sec. 13.29 The Speaker pro tempore having received the report of the 
    Chairman of the Committee of the Whole that a quorum of the 
    Committee appeared on a call of the roll under Rule XXIII clause 
    2,(5) he immediately directs the Committee to resume its 
    sitting and does not recognize Members in the House with a point of 
    order that a quorum is not present.
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 5. See House Rules and Manual Sec. 863 (1979). See supplements to this 
        edition for discussion of provisions in Rule XXIII clause 2 
        adopted in the 93d Congress on Apr. 9, 1974, to the effect that 
        the Chairman of the Committee is empowered to declare that a 
        quorum is constituted when he determines that a quorum has 
        appeared; and that, following such a declaration, proceedings 
        are considered vacated and the committee does not rise but 
        continues its sitting and resumes business.
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    On Aug. 2, 1967,(6) Speaker pro tempore Carl Albert, of 
Oklahoma, refused to recognize a point of no quorum.(7)
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 6. 113 Cong. Rec. 21095, 90th Cong. 1st Sess.
 7. For the House proceedings on this date, see Sec. 7.17, supra.
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