[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§ 15. Proceedings Pending Call of House in Absence of Quorum]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3695-3701]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
       C. OBJECTIONS TO ABSENCE OF A QUORUM; POINTS OF NO QUORUM
 
Sec. 15. Proceedings Pending Call of House in Absence of Quorum

    Because the point of no quorum is not debatable,(7) no 
Member may be heard on it and subsequent remarks should not be included 
in the Congressional Record.(8) However, the Speaker may 
entertain points of order which relate to the pending call of the 
House.(9) Although the Chair may decline to recognize a 
Member for a parliamentary inquiry when a point of no quorum has been 
made,(10) or absence of a quorum has been announced 
(11) he has entertained inquiries during a roll call vote to 
explain procedures available if a quorum fails to 
appear,(12) or to clarify the nature of the pending 
question.(13)
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 7. Sec. Sec. 15.1, 15.2, infra.
 8. Sec. 15.2, infra.
 9. Sec. 15.3, infra.
10. Sec. 15.4, infra.
11. Sec. 15.5, infra.
12. Sec. 15.6, infra.
13. Sec. 15.7, infra.

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[[Page 3696]]

In General; Debate

Sec. 15.1 The point of order that a quorum is not present is not 
    debatable.

    On Apr. 24, 1956,(1) Speaker Sam Rayburn, of Texas, 
ruled on a request to be heard on a point of no quorum.
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 1. 102 Cong. Rec. 6891, 84th Cong. 2d Sess.
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        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, the 
    gentleman is making a very sound statement here and I make the 
    point of order that a quorum is not present.
        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, may I be 
    heard on the point of order?
        The Speaker: The point of order that a quorum is not present is 
    not debatable.

Sec. 15.2 Because a point of order that a quorum is not present is not 
    debatable, remarks by the proponent after the point is raised 
    should not be included in the Record.

    On Apr. 15, 1940,(2) Speaker pro tempore Sam Rayburn, of 
Texas, answered a parliamentary inquiry, as follows:
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 2. 86 Cong. Rec. 4517, 76th Cong. 3d Sess.
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        Mr. [John] Taber [of New York]: Mr. Speaker----
        The Speaker Pro Tempore: For what purpose does the gentleman 
    from New York rise?
        Mr. Taber: A question of the privileges of the House and of the 
    Record.
        The Speaker Pro Tempore: The gentleman from New York.
        Mr. Taber: Mr. Speaker, a little while ago the gentleman from 
    Mississippi [Mr. Rankin] made a point of order that no quorum was 
    present, and thereafter he said:

            You are not going to raid the veterans of the World War and 
        pass these other pension bills and run over the House that way. 
        I make the point of order there is no quorum present.

        Now, the gentleman was not recognized for that purpose; and 
    then thereafter the gentleman from Mississippi further stated:

            And there will be a quorum and a vote on every other bill 
        from now on today.

        The gentleman was not recognized for that purpose, and that 
    should not be in the Record. I make the point of order that that 
    language should not be contained in the Record.
        The Speaker Pro Tempore: The gentleman from New York makes the 
    point of order that certain remarks made in the House should not be 
    included in the Record. The Chair is prepared to rule.
        Under the rules of the House, remarks should only be included 
    in the Record that are made in order. After a point of order is 
    made, which is not debatable, any further remarks should not be 
    included in the Record. Therefore the Chair rules that any remarks 
    that may have been made after the point of order that a quorum was 
    not present was made should not be included in the Record.

[[Page 3697]]

Points of Order

Sec. 15.3 While a parliamentary inquiry is normally not entertained by 
    the Chair in the absence of a quorum, the Chair may recognize a 
    Member on an inquiry or on a point of order which relates to the 
    pending call of the House.

    On Oct. 8, 1958,(3) Speaker John W. McCormack, of 
Massachusetts, entertained a point of order.
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 3. 114 Cong. Rec. 30093, 90th Cong. 2d Sess.
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        Mr. [Donald] Rumsfeld [of Illinois]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker Pro Tempore: (4) The Chair will count.
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 4. Wilbur D. Mills (Ark.).
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        One hundred sixty-seven Members are present, not a quorum.
        Mr. [John H.] Dent [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: A parliamentary inquiry cannot be 
    asked at this time.
        Mr. [John J.] McFall [of California]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The Speaker: The Doorkeeper will close the doors, the Sergeant 
    at Arms will notify absent Members, and the Clerk will call the 
    roll.
        Mr. Dent: Mr. Speaker, a point of order, which relates to the 
    call of the roll.
        The Speaker: The House will be in order. The Clerk will proceed 
    with the call of the roll.
        Mr. Dent: Mr. Speaker, the point of order relates to the proper 
    calling of the roll.
        The Speaker: The gentleman will state his point of order.
        Mr. Dent: The point of order is the doors were ordered closed, 
    and the doors to the outside of the Chamber are open in the 
    cloakrooms.
        The Speaker: The Chair has given instructions to close all 
    doors and allow no Members out.

    Parliamentarian's Note: The Speaker ordered the doors locked during 
roll call Nos. 382 and 383. When this remedy did not prove effective, 
since Members continued to leave the Chamber immediately after the 
calls were dispensed with, he did not continue to enforce the rule.

Parliamentary Inquiries

Sec. 15.4 The Chair has declined to recognize a Member to propound a 
    parliamentary inquiry when a point of no quorum has been made 
    unless it is withdrawn.

    On July 23, 1942,(5) Speaker Sam Rayburn, of Texas, 
refused to recognize a Member.
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 5. 88 Cong. Rec. 6540, 77th Cong. 2d Sess.
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        Mr. [Wright] Patman [of Texas]: Mr. Speaker, I make the point 
    of order that a quorum is not present.

[[Page 3698]]

        Mr. [Adolph J.] Sabath [of Illinois]: Mr. Speaker, may I ask 
    unanimous consent that we call up a resolution?
        Mr. Patman: Mr. Speaker, I make the point of order that a 
    quorum is not present.
        Mr. [Earl C.] Michener [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The Chair doubts the authority of the Chair to 
    recognize the gentleman to propound a parliamentary inquiry when a 
    point of order is made, unless the gentleman from Texas withholds 
    it.

    Parliamentarian's Note: The Chair may, in his discretion, entertain 
parliamentary inquiries pending his announcement of his count for a 
quorum, but after the absence of a quorum has been disclosed, the Chair 
then only responds to inquiries relating to the call of the House.

Sec. 15.5 The Chair refuses to recognize a Member for a parliamentary 
    inquiry after the absence of a quorum has been announced.

    On June 3, 1964,(6) Speaker pro tempore Carl Albert, of 
Oklahoma, refused to recognize a Member for a parliamentary 
inquiry.(7)
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 6. 110 Cong. Rec. 12521, 88th Cong. 2d Sess.
 7. See also 110 Cong. Rec. 7353-55, 88th Cong. 2d Sess., Apr. 9, 1964.
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        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, I make the point of 
    order that a quorum is not present.
        The Speaker Pro Tempore: The Chair will count. [After 
    counting.] There are 159 Members present; not a quorum.
        Mr. [Hale] Boggs [of Louisiana]: Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.
        Mr. [Paul C.] Jones of Missouri: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: No parliamentary inquiry can be made.
        Mr. Jones of Missouri: I can make a parliamentary inquiry; 
    certainly.
        The Speaker Pro Tempore: A quorum is not present. A call of the 
    House has been ordered. The gentleman cannot make his parliamentary 
    inquiry in the absence of a quorum.
        The Clerk will call the roll.

Sec. 15.6 The Speaker recognized Members to propound parliamentary 
    inquiries during a roll call vote, a quorum as yet not having 
    responded, but made it clear that such recognition was not to be 
    considered a precedent.

    On Oct. 18, 1966,(8) during a roll call vote on House 
Resolution 1062, relating to the refusal of Jeremiah Stamler to testify 
before the Committee on Un-American Activities, Speaker John W. 
McCormack, of Massachusetts, answered parliamentary inquiries before 
the result of the vote was announced.
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 8. 112 Cong. Rec. 27512, 27513, 89th Cong. 2d Sess.
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        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I 
    object to the

[[Page 3699]]

    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. [Sidney R.] Yates [of Illinois] (interrupting the 
    rollcall): Regular order. . . .

        Mr. [John H.] Dent [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Dent: Am I correct that if we do not have a quorum present 
    on the vote, tomorrow the first order of business will be a vote on 
    the same question?
        The Speaker: Exactly.
        Mr. Dent: Then I would advise those Members who are hiding to 
    come out and vote.
        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.
        The Chair might state that recognizing Members for 
    parliamentary inquiries at this stage is not to be considered as a 
    precedent in the future.
        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a 
    parliamentary inquiry.
        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. Hall: I thank the Speaker.
        Mr. [Leslie C.] Arends [of Illinoisl]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Arends: If it should happen that a quorum does not develop 
    tonight, the unfinished business tomorrow would be the retaking of 
    this same vote?

[[Page 3700]]

        The Speaker: Exactly. That would be the first order of 
    business.

Sec. 15.7 Following completion of the first call of the roll, the 
    Speaker responded to parliamentary inquiries and clarified the 
    nature and effect of the question upon which the House was then 
    voting.

    On Oct. 12, 1962,(9) Speaker John W. McCormack, of 
Massachusetts, answered parliamentary inquiries.
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 9. 108 Cong. Rec. 23433, 87th Cong. 2d Sess.
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        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.
        The question was taken; and there were--yeas 84, nays 120, not 
    voting 230, as follows: . . .
        (After completion of first call of the roll:)
        Mr. [William H.] Avery [of Kansas]: Mr. Speaker----
        The Speaker: For what purpose does the gentleman from Kansas 
    rise?
        Mr. Avery: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Avery: What motion is the House presently voting on?
        The Speaker: The Chair will state that the parliamentary 
    inquiry is very pertinent. The Chair will state in response that 
    the House is voting on a motion which was made by the gentleman 
    from Missouri [Mr. Cannon] to recede and concur in a Senate 
    amendment, with an amendment.
        Mr. [Clarence] Cannon. Mr. Speaker, my motion was for the 
    previous question.
        The Speaker: The House is voting on a motion made by the 
    gentleman from Missouri to recede and concur in the Senate 
    amendment, with an amendment.
        That is the motion pending at the present time.
        The Clerk will proceed to call the roll of those Members who 
    failed to answer on the first rollcall.
        (The Clerk resumed calling the roll.)
        Mr. [William C.] Cramer [of Florida]: (interrupting call of the 
    roll): Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Cramer: Mr. Speaker, do I understand the parliamentary 
    situation to be that the motion now being voted upon is a motion to 
    recede and concur in a Senate amendment with an amendment, and a 
    vote ``no'' is a vote for $205,000 for the Florida Cross-State 
    Barge Canal planning, and a vote of ``aye'' is against it?
        The Speaker: The Chair has already stated that the 
    parliamentary inquiry is correct in response to the inquiry of the 
    gentleman from Kansas [Mr. Avery]. The Chair is confident that 
    Members know what they are voting upon.

[[Page 3701]]

        (The Clerk resumed calling the roll.)