[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§ 16. In the Committee of the Whole]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3701-3710]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
       C. OBJECTIONS TO ABSENCE OF A QUORUM; POINTS OF NO QUORUM
 
Sec. 16. In the Committee of the Whole

    In the Committee of the Whole a point of order that a quorum is not 
present is in order, but an objection to a vote on the ground that a 
quorum is not present is not in order.(10) A recorded vote 
in the Committee of the Whole may be ordered by 25 or more 
Members.(11)
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10. Sec. 16.1 and Sec. 16.4, infra.
11. See Rule XXIII clause 2(b), House Rules and Manual (1979).
            See also Sec. 7, supra, for a discussion of the call in the 
        Committee.
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    Provisions of the rules relating to quorum requirements in the 
Committee of the Whole adopted in the 93d Congress on Apr. 9, 1974, 
will be discussed in detail in supplements to this edition. Briefly, 
these provisions authorize the Chairman of the Committee of the Whole, 
at any time during a quorum call, to declare that a quorum is 
constituted when he determines that a quorum is present. Proceedings 
under the call, in such instances, are considered vacated. The new rule 
also incorporates the preexisting precedents to the effect that a 
quorum is not required in the Committee of the Whole for agreement to a 
motion that the Committee rise. Furthermore, it is stated that a point 
of order that a quorum is not present may not be made or entertained 
after the presence of a quorum is once ascertained during the period 
after a Committee of the Whole has risen after completing consideration 
of a bill or resolution and before the Chairman has reported the 
measure back to the House.
    Rule XXIII clause 2 was also amended in the 95th (12) 
and 96th (13) Congresses to limit the right to make a point 
of no quorum during general debate in Committee of the Whole. Under the 
later practice, a point of no quorum is a matter of right each day only 
once during five-minute debate, and then again only when a question is 
put on an amendment or motion. In the 97th (1) Congress, the 
rule was further amended to allow the Chairman the discretion whether 
or not to entertain a point of order of no quorum during general debate 
only.
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12. H. Res. 5, 123 Cong. Rec. 53-70, 95th Cong. 1st Sess., Jan. 4, 
        1977.
13. H. Res. 5, 125 Cong. Rec. ----, 96th Cong. 1st Sess., Jan. 15, 
        1979.
 1. H. Res. 5, 127 Cong. Rec. ----, 97th Cong. 1st Sess., Jan. 5, 1981.

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[[Page 3702]]

When in Order

Sec. 16.1 In the Committee of the Whole, a point of order that a quorum 
    is not present will lie; but objection will not lie to a vote on 
    the ground that a quorum is not present.

    On Dec. 17, 1970,(2) during consideration of H.R. 19446, 
the Emergency School Aid Act of 1970 Chairman James C. Corman, of 
California, after entertaining a point of order that a quorum was not 
present refused to entertain an objection to a vote on the ground that 
a quorum was not present.
---------------------------------------------------------------------------
 2. 116 Cong. Rec. 42232, 42233, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Roman C.] Pucinski [of Illinois]: Mr. Chairman, I move 
    that all debate on this amendment end in the next 3 minutes.
        Mr. [James A.] Haley [of Florida]: Mr. Chairman, I make a point 
    of order.
        The Chairman: The gentleman will state it.
        Mr. Haley: Mr. Chairman, I make the point of order that a 
    quorum is not present.
        The Chairman: The Chair will count.
        Mr. [William L.] Clay [of Missouri]: Mr. Chairman, I move that 
    the committee do now rise.
        The Chairman: The question is on the motion of the gentleman 
    from Missouri.
        The question was taken; and the Chairman announced that the 
    ayes had it.
        Mr. Pucinski: Mr. Chairman, 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 Chairman: The gentleman's point of order is not in order in 
    the Committee of the Whole.
        Mr. Pucinski: Mr. Chairman, I demand tellers.
        The Chairman: Tellers are demanded. Those in favor of taking 
    the vote on the motion to rise by tellers will rise and remain 
    standing until counted.
        An insufficient number have arisen. Tellers are not ordered.
        Mr. Pucinski: Mr. Chairman, I make a point of order against 
    that ruling in that a quorum is not present. The Chair ruled there 
    is an insufficient number that have arisen for tellers. I challenge 
    that ruling on the ground that a quorum is not present and make the 
    point of order that a quorum is not present.
        The Chairman: The Chair will advise the gentleman from Illinois 
    again that his point of order is not in order.
        The motion to rise was agreed to.

Automatic Roll Call

Sec. 16.2 Although a point of no quorum raised between a division and a 
    teller vote is in order in the Committee of the Whole, it does not 
    bring about an automatic call even though a quorum is not present.

    On Aug. 21, 1950,(3) during consideration in the 
Committee of the
---------------------------------------------------------------------------
 3. 96 Cong. Rec. 12960, 12961, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3703]]

Whole of H.R. 9313, a bill to amend the Agricultural Act of 1949, an 
objection to the vote was raised.

        The Chairman: (4) The question is on the amendment 
    offered by the gentleman from Georgia [Mr. Davis].
---------------------------------------------------------------------------
 4. Carl T. Durham (N.C.).
---------------------------------------------------------------------------

        The question was taken; and on a division (demanded by Mr. 
    Davis of Georgia) there were ayes 21, noes 28.
        Mr. [James C.] Davis of Georgia: Mr. Chairman, I make the point 
    of order that a quorum is not present.
        The Chairman: The Chair will count.
        Mr. Davis of Georgia: Mr. Chairman, I demand tellers.
        The Chairman: The gentleman withdraws his point of order that a 
    quorum is not present?
        Mr. Davis of Georgia: I do not withdraw it. A parliamentary 
    inquiry.
        The Chairman: The gentleman will state it.
        Mr. Davis of Georgia: Was my point of order that a quorum is 
    not present in order?
        The Chairman: The gentleman can make the point of order that a 
    quorum is not present.
        Mr. Davis of Georgia: Mr. Chairman, I make that point of order, 
    then.
        The Chairman: The Chair will count.
        Mr. Davis of Georgia: Mr. Chairman, a parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Davis of Georgia: Mr. Chairman, if I insist on the point of 
    order, will I then have an opportunity to have a roll-call vote on 
    this question?
        The Chairman: Not in Committee of the Whole, no.

Sec. 16.3 An objection to a division vote on the motion to rise decided 
    in the negative in the Committee of the Whole on the ground that a 
    quorum is not present does not precipitate an automatic roll call 
    on the pending question but merely requires the Chair to count the 
    Committee for a quorum.

    On May 26, 1955,(5) the Chairman of the Committee of the 
Whole, Prince H. Preston, Jr., of Georgia, made a ruling regarding an 
objection to a vote.
---------------------------------------------------------------------------
 5. 101 Cong. Rec. 7149, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. H. Carl Andersen [of Minnesota]: Mr. Chairman, I offer a 
    privileged motion.
        The Clerk read as follows:
        Mr. H. Carl Andersen moves that the Committee do now rise.
        The Chairman: The question is on the motion.
        The question was taken; and on a division (demanded by Mr. H. 
    Carl Andersen) there were--ayes 7, noes 56.
        So the motion was rejected.
        Mr. H. Carl Andersen: Mr. Chairman, I object to the vote on the 
    ground that a quorum is not present.
        The Chairman: The Chair will state that that does not bring on 
    an automatic roll call. The Chair will count to determine whether a 
    quorum is

[[Page 3704]]

    present. [After counting.] One hundred and eleven Members are 
    present, a quorum.

Sec. 16.4 Because the provisions of Rule XV clause 4,(6) 
    which permit a Member to object to a vote where a quorum is not 
    present, are applicable only in the House, an automatic roll call 
    is not in order in the Committee of the Whole.
---------------------------------------------------------------------------
 6. House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On June 7, 1973,(7) during consideration of H.R. 7446, 
to establish the American Revolution Bicentennial Administration, 
Chairman Henry B. Gonzalez, of Texas, clarified the procedures 
admissible in the Committee of the Whole.(8)
---------------------------------------------------------------------------
 7. 119 Cong. Rec. 18521, 93d Cong. 1st Sess.
 8. See also 117 Cong. Rec. 40054, 92d Cong. 1st Sess., Nov. 9, 1971; 
        and 116 Cong. Rec. 42232, 42233, 91st Cong. 2d Sess., Dec. 17, 
        1970.
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        The Chairman: The question is on the amendments offered by the 
    gentleman from Pennsylvania (Mr. Williams).
        The question was taken; and the Chairman announced that the 
    noes appeared to have it.
        Mr. [Lawrence G.] Williams: Mr. Chairman, I demand a recorded 
    vote.
        The Chairman: A recorded vote has been demanded.
        Mr. Williams: Mr. Chairman, I withdraw that. I make the point 
    of order that a quorum is not present, and I object to the vote on 
    that basis.
        The Chairman: The Chair advises the gentleman from Pennsylvania 
    that that procedure is not in order in the Committee of the Whole.
        Mr. Williams: Mr. Chairman, I make a point of order. I object 
    to the vote on the ground that a quorum is not present, and I 
    request a rollcall vote.
        I can object to the vote on the grounds that a quorum is not 
    present, and insist on my point of order.
        The Chairman: Not in the Committee of the Whole, the Chair 
    wishes to advise.
        The gentleman may be advised that he may wish to raise a point 
    of order that a quorum is not present.
        Mr. Williams: That is exactly what I have done.
        The Chairman: But the gentleman must be advised that during 
    proceedings of the Committee of the Whole, an automatic vote is not 
    a proper request.
        Mr. Williams: Mr. Chairman, I make a point of order against the 
    vote previously taken on the basis that a quorum is not present.
        The Chairman: The gentleman from Pennsylvania raises the point 
    of order that a quorum is not present. Is that what the gentleman 
    wishes?
        Mr. Williams: No. I demand a recorded vote.
        The Chairman: The Chair will remind the gentleman from 
    Pennsylvania that that demand has been withdrawn.
        Mr. Williams: I did withdraw it before. I am now requesting a 
    recorded vote.

[[Page 3705]]

        The Chairman: The gentleman from Pennsylvania now demands a 
    recorded vote on his amendments.
        A recorded vote was refused.
        So the amendments were rejected.

Pending Demand for Tellers

Sec. 16.5 A point of no quorum in the Committee of the Whole is in 
    order while a demand for tellers is pending.

    On Mar. 23, 1970,(9) Chairman William J. B. Dorn, of 
South Carolina, ordered a quorum call in response to a point of no 
quorum.
---------------------------------------------------------------------------
 9. 116 Cong. Rec. 8562, 8563, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: The question is on the motion offered by the 
    gentleman from New York (Mr. Koch).
        The question was taken; and on a division (demanded by Mr. 
    Koch), there were--ayes 10, noes 50.
        Mr. [Edward I.] Koch: Mr. Chairman, I demand tellers. Mr. 
    Chairman, I make the point of order that a quorum is not present.
        The Chairman: The Chair will count.
        Evidently a quorum is not present.
        The Clerk will call the roll. . . .
        Mr. [F. Edward] Hebert [of Louisiana]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Hebert: Mr. Chairman, is it in order to call for a quorum 
    when a call for a teller vote is asked for and should be in 
    progress at that moment--you cannot interrupt a vote.
        The Chairman: The Chair will state that the gentleman from New 
    York made the point that a quorum was not present.
        Mr. Hebert: No, no--the Record will show that he asked for a 
    teller vote and then asked for a quorum.
        The Chairman: It is the understanding of the Chair that the 
    gentleman asked for a teller vote and then made the point of order 
    that a quorum was not present.
        Mr. Hebert: That is it--when he asked for a teller vote, he 
    asked for a vote to be taken and that vote comes automatically. 
    Having made that motion, he cannot get the other.
        The Chairman: The Chair will advise the distinguished gentleman 
    from Louisiana that the Committee cannot do business without a 
    quorum, and since it has been established a quorum is not present, 
    the Chair has directed the Clerk to call the roll.

Pending Motion to Rise

Sec. 16.6 A point of order of no quorum is not in order in Committee of 
    the Whole where there is pending a motion that the Committee rise, 
    since the motion to rise does not require a quorum for adoption.

    On May 31, 1972,(10) during consideration of H.R. 13918, 
a bill to provide improved financing for the Corporation of Public 
Broad

[[Page 3706]]

casting, in the Committee of the Whole, Chairman Robert N. Giaimo, of 
Connecticut, ruled out of order a point of no quorum while a motion to 
rise was pending.
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10. 118 Cong. Rec. 19353, 92d Cong. 2d Sess.
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        Mr. [Harley O.] Staggers [of West Virginia]: Mr. Chairman, I 
    move that the Committee do now rise.
        Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, on that motion I 
    demand tellers.
        The Chairman: The gentleman from Iowa is demanding tellers on 
    the motion that the Committee do now rise?
        Mr. Gross: That is correct, Mr. Chairman.
        The Chairman: The Chair will state to the gentleman that the 
    Chair has not yet put the motion.
        The question is on the motion offered by the gentleman from 
    West Virginia that the Committee do now rise.
        The question was taken; and the Chairman announced that the 
    ayes appeared to have it.
        Mr. Gross: Mr. Chairman, on that I demand tellers.
        Tellers were refused.
        Mr. Gross: Mr. Chairman, I make the point of order that a 
    quorum is not present.
        The Chairman: The Chair will advise the gentleman from Iowa 
    that a quorum is not needed upon the motion that the Committee do 
    now rise.
        The motion was agreed to.
        Accordingly the Committee rose; and the Speaker pro tempore 
    (Mr. Boggs) resumed the chair.

Sec. 16.7 A point of order that no quorum is present is not in order 
    pending a tentative affirmative vote that the Committee of the 
    Whole rise.

    On Mar. 9, 1936,(11) during consideration of H.R. 11563, 
the District of Columbia rent commission bill, William B. Umstead, of 
North Carolina, Chairman of the Committee of the Whole, sustained a 
point of order that a point of no quorum was not in order.
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11. 80 Cong. Rec. 3459, 74th Cong. 2d Sess.
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        Mr. [Thomas L.] Blanton [of Texas] (interrupting the reading of 
    the bill): Mr. Chairman, I move that the Committee do now rise.
        The question was taken.
        Mr. Blanton: Mr. Chairman, I ask for a division.
        The Committee divided; and there were--ayes 40, noes 33.
        Mr. [Henry] Ellenbogen [of Pennsylvania]: Mr. Chairman, I make 
    the point of order there is not a quorum present.
        The Chairman: The Chair will count.
        Mr. [John] Taber [of New York]: Mr. Chairman, a point of order.
        The Chairman: The gentleman will state it.
        Mr. Taber: Mr. Chairman, I make the point of order that a point 
    of no quorum is not in order after the Committee has determined to 
    rise.
        The Chairman: The point of order is sustained. The vote had 
    already been announced.

        Mr. Ellenbogen: Mr. Chairman, I ask for tellers.

[[Page 3707]]

        Mr. Blanton: Mr. Chairman, I make the point of order that the 
    request comes too late, business having intervened.
        The Chairman: The point of order is overruled. The question is 
    on ordering tellers.
        Tellers were ordered, and the Chair appointed as tellers Mrs. 
    Norton and Mr. Blanton.
        The Committee again divided; and there were--ayes 30, noes 61.
        Mr. Blanton: Mr. Chairman, I object to the vote on the ground 
    there is not a quorum present.
        The Chairman: The Chair will count. [After counting.] One 
    hundred and fourteen Members are present, a quorum.
        The Clerk continued reading the bill.

    Parliamentarian's Note: At the point that the point of no quorum 
was first made, the Committee had determined to rise, on which vote a 
quorum is not required.

Proceedings Following a Point of No Quorum

Sec. 16.8 Where a point of order is made that a quorum is not present 
    in the Committee of the Whole and the Chair announces that a quorum 
    is not present, a motion that the Committee rise is in order before 
    the Chair directs the Clerk to call the roll as provided in Rule 
    XXIII clause 2; (12) if the vote on the motion discloses 
    a quorum and the motion is lost, the Committee continues with its 
    business.
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12. See House Rules and Manual Sec. 863 (1979).
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    On May 26, 1966,(13) during consideration of H.R. 13712, 
the fair labor standards amendments of 1966, the Committee of the Whole 
resumed business after a teller vote.(14)
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13. 112 Cong. Rec. 11621, 89th Cong. 2d Sess.
14. See also 74 Cong. Rec. 886, 71st Cong. 3d Sess., Dec. 16, 1930.
---------------------------------------------------------------------------

        Mr. [Leslie C.] Arends [of Illinois]: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: (15) The Chair will count. [After 
    counting.] Sixty-seven Members are present, not a quorum.
---------------------------------------------------------------------------
15. Charles M. Price (Ill.).
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Chairman, I move that the 
    Committee do now rise. On that I demand tellers.
        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Albert and Mr. Arends.
        The Committee divided, and the tellers reported and there 
    were--ayes 3, noes 108.
        So the motion was rejected.
        The Chairman: A quorum is present.
        The gentleman from Illinois [Mr. Collier] is recognized.

Sec. 16.9 While an automatic roll call may not be taken in the 
    Committee of the Whole, a

[[Page 3708]]

    Member may make a point of order that a quorum is not present, as 
    evidenced by the announced division or teller vote on the pending 
    question; but if the Chair counts a quorum, business may proceed.

    On Feb. 8, 1950,(16) during consideration of H.R. 2945, 
to adjust postal rates, the Chairman of the Committee of the Whole, 
Chet Holifield, of California, made a ruling regarding the need for a 
quorum.
---------------------------------------------------------------------------
16. 96 Cong. Rec. 1678, 1679, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: The question is on the amendment to the 
    amendment.
        The question was taken; and on a division (demanded by Mr. 
    Hagen) there were--ayes 76, noes 21.
        Mr. [Harold C.] Hagen [of Minnesota]: Mr. Chairman, I object to 
    the vote on the ground that a quorum is not present.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Chairman, a point of 
    order.
        The Chairman: The gentleman will state it.
        Mr. Rankin: A quorum is not necessary to vote in the Committee 
    of the Whole and a vote in the Committee of the Whole cannot be 
    forced by a point of no quorum.
        The Chairman: The Chair will state to the gentleman from 
    Mississippi that the rules require a quorum of a hundred in the 
    Committee of the Whole.
        Mr. Rankin: But the gentleman objected to the vote on the 
    ground there was no quorum present.
        Mr. Hagen: There was not a quorum present as disclosed by the 
    announcement of the vote.
        Mr. Rankin: It is all right to make a point of no quorum; that 
    is one thing; but to object to the vote on the ground that a quorum 
    is not present is something else.
        The Chairman: The Chair will count. [After counting.] One 
    hundred and sixty-six Members are present, a quorum.
        So the amendment was agreed to.

Sec. 16.10 After a point of order that a quorum is not present in the 
    Committee of the Whole has been made and a motion to rise is 
    rejected (a quorum failing to respond on that vote), the Chair 
    directs the Clerk to call the roll to obtain a quorum.

    On July 15, 1942,(17) Wright Patman, of Texas, Chairman 
of the Committee of the Whole, directed the Clerk to call the roll.
---------------------------------------------------------------------------
17. 88 Cong. Rec. 6214, 6215, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: The gentleman from New York [Mr. Taber] makes a 
    point of order that a quorum is not present. The Chair will count. 
    [After counting.] Sixty-five Members are present, not a quorum.

        Mr. [John E.] Rankin of Mississippi: Mr. Chairman, I move that 
    the Committee do now rise, and on that I demand tellers.

[[Page 3709]]

        Tellers were ordered, and the Chair appointed as tellers Mr. 
    Rankin of Mississippi and Mr. Kinzer.
        The Committee divided; and the tellers reported that there 
    were--ayes 13, noes 33.
        The Chairman: So the Committee refuses to rise. A quorum is not 
    present. The Clerk will call the roll.

Sec. 16.11 Where the Committee of the Whole rises and the Chairman 
    thereof reports to the House that, pursuant to Rule XXIII clause 
    2,(18) he caused the roll to be called in Committee to 
    establish the presence of a quorum, the House automatically 
    resolves back into Committee.
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18. See House Rules and Manual Sec. 863 (1979).
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    On Apr. 6, 1967,(19) the House, after receiving a report 
from the Chairman of the Committee of the Whole, resolved itself back 
into the Committee.(20)
---------------------------------------------------------------------------
19. 113 Cong. Rec. 8600, 90th Cong. 1st Sess.
20. See also 115 Cong. Rec. 9705, 91st Cong. 1st Sess., Apr. 21, 1969, 
        for another illustration of this principle.
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        Mr. [Wayne L.] Hays [of Ohio]: Mr. Chairman, I make the point 
    of order that a quorum is not present.
        The Chairman: (21) The Chair will count. [After 
    counting.] A quorum is not present. The Clerk will call the roll.
---------------------------------------------------------------------------
21. John H. Dent (Pa.).
---------------------------------------------------------------------------

        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        Accordingly, the Committee rose; and the Speaker having resumed 
    the chair, Mr. Dent, Chairman of the Committee of the Whole House 
    on the State of the Union, reported that that Committee, having had 
    under consideration the bill H.R. 2512, and finding itself without 
    a quorum, he had directed the roll to be called, when 376 Members 
    responded to their names, a quorum, and he submitted herewith the 
    names of the absentees to be spread upon the Journal.
        The Committee resumed its sitting.

Sec. 16.12 Where a point of no quorum is made in the Committee of the 
    Whole and the roll is called while a demand for a teller vote on an 
    amendment is pending, the question of ordering tellers is put 
    immediately after the Committee resumes its sitting, and a division 
    vote taken prior to the demand for tellers is not final.

    On May 10, 1946,(22) the Chairman of the Committee of 
the Whole, Jere Cooper, of Tennessee, made a ruling regarding the 
finality of a division.
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22. 92 Cong. Rec. 4840, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: The question is on the amendment to the 
    amendment.
        The question was taken; and on a division (demanded by Mr. 
    Rooney) there were--ayes 41, noes 29.
        Mr. [Jed] Johnson of Oklahoma: Mr. Chairman, I demand tellers.

[[Page 3710]]

        Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: The Chair will count. [After counting.] Eighty-
    seven Members are present, not a quorum.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        Accordingly the Committee rose; and the Speaker having resumed 
    the chair, Mr. Cooper, Chairman of the Committee of the Whole House 
    on the State of the Union, reported that that Committee having had 
    under consideration the bill H.R. 6335, and finding itself without 
    a quorum, he had directed the roll to be called, when 313 Members 
    responded to their names, a quorum, and he submitted herewith the 
    names of the absentees to be spread upon the Journal.
        The Speaker: (23) The Committee will resume its 
    sitting.
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23. Sam Rayburn (Tex.).
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        The Chairman: The gentleman from Oklahoma [Mr. Johnson] demands 
    tellers on the amendment offered by the gentleman from Idaho [Mr. 
    Dworshak] to the amendment offered by the gentleman from Utah [Mr. 
    Robertson].
        Mr. [Walter K.] Granger [of Utah]: Mr. Chairman, a point of 
    order.
        The Chairman: The gentleman will state it.
        Mr. Granger: As I understood the situation when the quorum was 
    called, the Chair had already announced that the amendment offered 
    by the gentleman from Idaho to the amendment had been agreed to; 
    and the request comes too late.
        The Chairman: The Chair had announced that on a division the 
    amendment to the amendment had been agreed to. Thereupon, the 
    gentleman from Oklahoma [Mr. Johnson] demanded tellers. At that 
    point a point of order was made that a quorum was not present.
        The gentleman's demand for tellers is now pending.