[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3487-3494]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums


[[Page 3487]]



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    Commentary and editing by Thomas J. Nicola, J.D.
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A. Calls of the House

    Sec. 1. In General; Scope
    Sec. 2. Calls Ordered on Motions; Automatic Calls
    Sec. 3. The Chair's Count; Names Included on Calls
    Sec. 4. Calls by Electronic Device; Time Allowed for Attendance
    Sec. 5. Securing Attendance; Arrests
    Sec. 6. Closing or Locking the Doors
    Sec. 7. The Call in the Committee of the Whole
    Sec. 8. Motions During the Call--To Adjourn
    Sec. 9. --To Dispense With Further Proceedings Under the Call

B. Effect of Presence or Absence of a Quorum

   Sec. 10. Introductory
   Sec. 11. As Related to the Journal
   Sec. 12. As Related to Prayer by the Chaplain and Messages

C. Objections to Absence of a Quorum; Points of No Quorum

   Sec. 13. In General; Timeliness and Diligence
   Sec. 14. Dilatoriness; Effect of Prior Count
   Sec. 15. Proceedings Pending Call of House in Absence of Quorum
   Sec. 16. In the Committee of the Whole

[[Page 3488]]

   Sec. 17. Absence of Quorum in Standing Committee as Bar to Floor 
            Consideration or Other Subsequent Proceedings
   Sec. 18. Withdrawal or Withholding of Objections or Points of No 
            Quorum




                          INDEX TO PRECEDENTS
                                     

Absence of quorum in standing committee as bar to floor consideration, 
    see Standing committee, absence of quorum in, as bar to floor 
    consideration
Absence or presence of quorum, effect of
    in general, Sec. Sec. 10.1-10.3
    adjourning or instructing Sergeant at Arms after quorum fails to 
        appear, Sec. Sec. 2.19, 10.11, 10.12
    arresting absent Members after failure of quorum to appear, 
        Sec. 10.13
    arrests, securing attendance after quorum fails to appear, 
        Sec. Sec. 5.4-5.9
    business after quorum fails to appear, conducting, Sec. Sec. 10.4-
        10.7
    Calendar Wednesday, Sec. 10.20
    proceedings after quorum fails to appear, adjourning or continuing, 
        Sec. 10.10
    proceedings after quorum fails to appear on vote to suspend rules, 
        Sec. Sec. 10.14, 10.15
    proceedings during special order, Sec. 10.16
    proceedings permitted during absence of quorum, Sec. Sec. 1.11-1.13
    question of privilege pending vote on point of no quorum, Sec. 10.8
    Senate precedents, Sec. Sec. 10.21-10.23
    unfinished business, Sec. Sec. 10.17-10.19
    vacating proceedings, definition of, Sec. 10.9
Absent Members, arresting, Sec. 10.13
Adjourn, motion to, see also Recess, motion to
    automatic vote by yeas and nays, Sec. Sec. 8.11, 8.12
    calls of House after vote on adjournment, Sec. Sec. 8.3-8.5, 8.27
    continuing call after quorum fails to appear on, Sec. 8.16
    pending business, effect of adjournment on, Sec. 8.2
    point of no quorum after vote, consequence of, Sec. 8.13
    point of no quorum, pending, Sec. 8.17
    precedence of, over motion for call of House, Sec. Sec. 8.14, 8.15
    privilege, effect on questions of, Sec. 8.6
    quorum requirement, Sec. Sec. 8.7-8.10
    second, need for, Sec. 8.1
    Senate precedent, Sec. 8.29
    when in order, Sec. Sec. 8.18-8.24
Adjourn, refusal to
    procedure available following, Sec. Sec. 5.14, 8.3-8.6, 8.27
Adjourning or continuing proceedings after quorum fails to appear, 
    Sec. 10.10
Adjourning or instructing Sergeant at Arms after quorum fails to 
    appear, Sec. Sec. 10.11, 10.12
Approval and reading of Journal, effect of presence or absence of 
    quorum on, Sec. Sec. 11.1, 11.3-11.5
Arresting absent Members after failure of quorum to appear, Sec. 10.13
Arrests, see Attendance, securing; arrests

[[Page 3489]]

Attendance, securing; arrests
    in general, Sec. Sec. 5.1-5.3
    motions and warrants for arrest, Sec. Sec. 5.10-5.12
    procedure available following refusal to adjourn, Sec. 5.14
    procedure available following refusal to dispense with further 
        business, Sec. 5.13
    procedure available when quorum fails to appear, Sec. Sec. 5.4-5.9
    Senate precedents, Sec. Sec. 5.15-5.21
Automatic call; call ordered on motion
    adjourn, motion to, see Adjourn, motion to
    call of the House, motion for, Sec. Sec. 2.8-2.10
    call of the House, proceedings following, Sec. Sec. 2.16, 2.17
    Chair, prerogatives of, Sec. Sec. 2.11, 2.14
    Committee of the Whole, automatic yeas and nays in, Sec. 2.7
    convening, ascertaining quorum upon, Sec. 2.3
    interruption by motion to adjourn, Sec. 2.15
    Members' obligation to respond, Sec. 2.2
    postponement of roll calls, Sec. 2.4
    presumption of presence of quorum, Sec. 2.1
    proceedings following call of House, Sec. Sec. 2.16, 2.17
    Senate precedents, Sec. Sec. 2.25-2.28
    signal lights and bells, Sec. Sec. 2.20, 2.21
    Speaker's authority to move call, Sec. 2.6
    vacating passage of bill, proceedings after, Sec. 2.24
    vacating proceedings, Sec. Sec. 2.22, 2.23
    well of House cleared, Sec. 2.5
Bells and lights, legislative signal, Sec. Sec. 2.20, 2.21, 7.6
Bryan, United States v
    absence of quorum in standing committee as affecting charge of 
        obstructing committee, Sec. 17
Business, conducting, after quorum fails to appear, Sec. Sec. 10.4-10.7
Business, intervening, points of no quorum after, Sec. Sec. 14.7, 14.8
Business, unfinished
    adjournment, effect of on pending business, Sec. 8.2
    effect of presence or absence of quorum, Sec. Sec. 10.17-10.19
Calendar Wednesday
    effect of absence of quorum, Sec. 10.20
Call in Committee of the Whole, see Committee of the Whole, call in
Call of the House
    absence of quorum, proceedings permitted in, Sec. Sec. 1.11-1.13
    adjourn, interruptions by motions to, Sec. 2.15
    adjourn, motion to, see Adjourn, motion to
    Chair, prerogatives of the, Sec. Sec. 2.11-2.14
    correction of count, Sec. Sec. 3.16, 3.17
    dispense with further proceedings, motion to, see Dispense with 
        further proceedings, motion to
    electronic device, Sec. Sec. 4.1-4.4
    motion for, Sec. Sec. 2.8-2.12
    proceedings after quorum fails to appear, Sec. Sec. 10.4-10.7
    proceedings following, Sec. Sec. 2.16, 2.17
    proceedings requiring quorum, Sec. Sec. 1.4-1.10
    recess, motion to, see Recess, motion to
    recounts, Sec. 3.18
    Senate precedents, Sec. Sec. 2.25-2.28
    vacating passage of bill, proceedings after, Sec. 2.24
    vacating proceedings, Sec. Sec. 2.22, 2.23
Calls ordered on motions; automatic calls, see Automatic call; call 
    ordered on motion
Chair, prerogatives of
    calls of the House, Sec. Sec. 2.11-2.14

[[Page 3490]]

Christoffel v United States
    absence of quorum in standing committee as affecting perjury charge 
        against witness, Sec. 17
Committee of the Whole, call in
    in general, Sec. Sec. 7.1-7.6
    automatic yeas and nays in, Sec. 2.7
    counting Members, Sec. Sec. 7.7-7.10
    motion to rise, Sec. Sec. 7.11-7.13
    point of no quorum as related to demand for tellers, 
        Sec. Sec. 7.19, 7.20
    proceedings when Committee rises, Sec. Sec. 7.15-7.18
    refusal to rise, consequences of, Sec. 7.14
Committee of the Whole, point of no quorum or objection to absence of 
    quorum in
    automatic roll call not in order, Sec. Sec. 16.2-16.4
    proceedings following, Sec. Sec. 16.8-16.12
    rise, pending motion to, Sec. Sec. 16.6, 16.7
    tellers, pending demand for, Sec. 16.5
    when in order, Sec. 16.1
Committee (standing), absence of quorum in, as bar to floor 
    consideration, see Standing committee, absence of quorum in, as bar 
    to floor consideration
Consideration, floor, absence of quorum in standing committee as bar to
    in general, Sec. Sec. 17.1-17.4
    Christoffel v United States, Sec. 17
    Senate precedent, Sec. 17.25
    United States v Bryan, Sec. 17
Continuing proceedings or adjourning after quorum fails to appear, 
    Sec. 10.10
Correction of quorum calls, Sec. Sec. 3.16, 3.17
Counting the Committee of the Whole
    in general, Sec. Sec. 7.7-7.10
Counting the House
    calls, correction of, Sec. Sec. 3.16, 3.17
    recounts, Sec. 3.18
    roll, inclusion on the, Sec. Sec. 3.1-3.3
    Senate precedent, Sec. 3.19
    teller vote, quorum established on, Sec. 3.14
    verification of Chair's count by tellers, Sec. 3.15
    who is counted, Sec. Sec. 3.4-3.9 who is not counted, 
        Sec. Sec. 3.10-3.13
Debate
    point of no quorum, timeliness of, during, Sec. Sec. 13.6-13.9
Demand for tellers
    point of no quorum as related to, in Committee of the Whole, 
        Sec. Sec. 7.19, 7.20
Dilatory
    in general, Sec. 14.1
    points of no quorum after intervening business, Sec. Sec. 14.7, 
        14.8
    points of no quorum not entertained, Sec. Sec. 14.9-14.17
    points of no quorum as not, Sec. Sec. 14.214.6
Dispense with further proceedings, motion or request to
    adjourn, precedence of motion to, Sec. 9.4
    effect of adoption or rejection of motion, Sec. Sec. 9.2, 9.3
    floor, Member retaining after call, Sec. 9.5
    objections to, Sec. Sec. 9.17-9.19
    pending business, effect on, Sec. 9.7
    procedures available following refusal, Sec. 5.13
    purpose of, Sec. 9.10
    quorum requirement, Sec. Sec. 9.11-9.13
    Senate message received while pending, Sec. 9.6
    tabling of motion, Sec. 9.1
    terminating call, adoption as, Sec. Sec. 9.89.10

[[Page 3491]]

    yea and nay votes on, Sec. Sec. 9.14-9.16
Doors, closing or locking
    in general, Sec. Sec. 6.1-6.5
    effects of, Sec. Sec. 6.6-6.9
Doors, reopening, Sec. Sec. 6.10, 6.11
Effect of presence or absence of quorum, see Absence or presence of 
    quorum, effect of
Electronic device
    calls by, generally, Sec. Sec. 4.1-4.4
Failure of quorum to appear
    proceedings after, Sec. Sec. 2.16, 2.17, 2.19, 10.4-10.7
Floor consideration, absence of quorum in standing committee as bar to, 
    see Consideration, floor, absence of quorum in standing committee 
    as bar to
House as in Committee of the Whole, point of no quorum in, Sec. 13.21
House, counting, see Counting the House
Inclusion on the roll
    counting the House, Sec. Sec. 3.1-3.3
Intervening business, points of no quorum after, Sec. Sec. 14.7, 14.8
Journal
    effect of presence or absence of quorum; in general, 
        Sec. Sec. 11.1, 11.2
    point of order, timeliness of, during reading of, Sec. Sec. 13.14, 
        13.15
    reading and approval of, Sec. Sec. 11.1, 11.3-11.6
    receipt of messages during reading of Sec. Sec. 11.7, 11.8
    refusal of point of no quorum, Sec. 11.9
Lights and bells as legislative signal, Sec. Sec. 2.20, 2.21, 7.6
Locking or closing doors
in general, Sec. 6.1-6.5
    effects of, Sec. 6.6-6.9
Majority as quorum, Sec. Sec. 1.1, 1.2
Members, arresting absent, Sec. 10.13
Messages, receipt of
    effect of presence or absence of quorum, Sec. Sec. 12.3-12.6
    Journal, as related to, Sec. Sec. 11.7, 11.8
Motion to adjourn, see Adjourn, motion to
Motion to call the House, Sec. Sec. 2.8-2.10
Motion to dispense with further proceedings, see Dispense with further 
    proceedings, motion to
Motion to recess
    in general, Sec. 8.25
    Senate precedent, Sec. 8.28
Motion to rise in Committee of the Whole, Sec. Sec. 7.11-7.13
Motions
    adjournment, see Adjourn, motion to call of the House, 
        Sec. Sec. 2.8-2.10
    dispensing with further proceedings, see Dispense with further 
        proceedings, motion to
    recess, Sec. 8.25
Motions, calls ordered on; automatic calls, see Automatic call; call 
    ordered on motion
Motions and warrants for arrest, Sec. Sec. 5.10-5.12
Objection to absence of quorum in standing committee as bar to floor 
    consideration, see Standing committee, absence of quorum in, as bar 
    to floor consideration
Objection to dispensing with further proceedings under the call, 
    Sec. Sec. 9.17-9.19
Objection to absence of quorum--timeliness and diligence
    in general, Sec. Sec. 13.1-13.5
    announcement of voice vote, after, Sec. 13.16
    announcement of vote result, after, Sec. Sec. 13.23, 13.24

[[Page 3492]]

    completing action, after, Sec. Sec. 13.25, 13.26
    division vote, after, Sec. 13.20
    division vote and rejection of yeas and nays, after, Sec. 13.19
    parliamentary inquiry, preceded by, Sec. 13.18
Parliamentary inquiries following point of no quorum, Sec. Sec. 15.4-
    15.7
Parliamentary inquiry
    objection to absence of quorum preceded by, Sec. 13.18
    point of no quorum, after, Sec. Sec. 15.4-15.7
Point of no quorum
    automatic roll call as not precipitated by, Sec. 13.4
    Committee of the Whole, during receipt of report from, Sec. 13.29
    debatable, not, Sec. Sec. 15.1, 15.2
    debate, during, Sec. Sec. 13.6-13.9
    dilatoriness, in general, Sec. 14.1
    dilatory, Sec. Sec. 14.9-14.17
    dilatory, not, Sec. Sec. 14.2-14.6
    intervening business, after, Sec. Sec. 14.7, 14.8
    Journal, during reading of, Sec. Sec. 13.14, 13.15
    parliamentary inquiries after, Sec. Sec. 15.4-15.7
    point of order after, Sec. 15.3
    postponing roll calls, effect of agreement, Sec. 13.13
    prayer, before, Sec. 13.22
    resolution, during reading of, Sec. Sec. 13.11, 13.12
    resolution, during reading of, after establishment of quorum, 
        Sec. 13.28
    special order, during, Sec. 13.10
    tellers, as related to demand for, Sec. Sec. 7.19, 7.20
    when withdrawal not permitted, Sec. Sec. 18.7-18.9
    when withdrawal permitted, Sec. Sec. 18.5, 18.6
    withdrawal, consequences of, Sec. Sec. 18.3, 18.4
    withdrawal, in general, Sec. Sec. 18.1, 18.2
    withholding, Sec. Sec. 18.10, 18.11
Point of no quorum, second
    establishment of quorum and reading message, between, Sec. 13.27
    extend remarks, after permission to, Sec. 13.17
Point of no quorum, withdrawal of, see Withdrawal of point of no quorum
Points of order following points of no quorum, Sec. 15.3
Postponement of roll calls, Sec. 2.4
Prayer by the Chaplain
    effect of presence or absence of quorum, Sec. Sec. 12.1, 12.2
    point of order, timeliness of, before, Sec. 13.22
Prerogatives of the Chair
    calls of the House, Sec. Sec. 2.11-2.14
Presence of quorum, presumption of, in standing committee, 
    Sec. Sec. 17.5, 17.6
Presence or absence of a quorum, effect of, see Absence or presence of 
    quorum, effect of
Presumption of presence of quorum in standing committee, 
    Sec. Sec. 17.5, 17.6
Presumption of quorum, Sec. 1.3
Privilege, question of, pending vote on point of no quorum, Sec. 8.6
Procedure following refusal to adjourn, Sec. 5.14
Procedure following refusal to dispense with further proceedings, 
    Sec. 5.13
Procedures available when a quorum fails to appear
    arrests; securing attendance, Sec. Sec. 5.4-5.9
Proceedings
    adjourning or continuing, after quorum fails to appear, Sec. 10.10

[[Page 3493]]

    after quorum fails to appear on vote to suspend rules, 
        Sec. Sec. 10.14, 10.15
    permitted during absence of quorum, Sec. Sec. 1.11-1.13
    special order, during, Sec. 10.16
    vacating, Sec. Sec. 2.22-2.24
Proceedings following point of no quorum
    Committee of the Whole, Sec. Sec. 16.8-16.12
    debate on point of order, Sec. Sec. 15.1, 15.2
    parliamentary inquiries, Sec. Sec. 15.4-15.7
    points of order, Sec. 15.3
Proceedings when Committee of the Whole rises, Sec. Sec. 7.15-7.18
Proceedings, further, objection to dispensing with, Sec. Sec. 9.17-9.19
Proceedings permitted in absence of quorum, Sec. Sec. 1.11-1.13
Proceedings requiring a quorum, Sec. Sec. 1.4-1.10
    Questioning committee chairman about absence of quorum, 
        Sec. Sec. 17.17-17.19
Reading and approval of Journal, Sec. Sec. 11.1-11.6
Receipt of messages
    Journal, Sec. Sec. 11.7, 11.8
Recess before roll call completed. Sec. 8.26
Recess, motion to
    in general, Sec. 8.25
    Senate precedent, Sec. 8.28
Refusal to dispense with further proceedings
    procedure available following, Sec. 5.13
Refusal to rise
    consequences of, Sec. 7.14
Reopening doors, Sec. Sec. 6.10, 6.11
Rise, motion to
    Committee of the Whole, Sec. Sec. 7.11-7.13
    consequences of refusal, Sec. 7.14
Roll calls, effect of postponing, on point of no quorum, Sec. 13.13
Roll, inclusion of names on, Sec. Sec. 3.1-3.3
Rules, suspension of
    absence of quorum in committee as bar to floor consideration, 
        Sec. Sec. 17.22, 17.23
Securing attendance; arrests, see Attendance, securing; arrests
Senate precedents
    absence of quorum in standing committee as bar to floor 
        consideration, Sec. 17.25
     absence or presence of quorum, effect of, Sec. Sec. 10.21-10.23
    adjournment or recess, quorum call after, Sec. Sec. 2.26-2.28
    committee (standing), absence of quorum in, as bar to floor 
        consideration, Sec. 17.25
    effect of presence or absence of quorum, Sec. Sec. 10.21-10.23
    floor consideration, absence of quorum in committee as bar to, 
        Sec. 17.25
    Presiding Officer may suggest absence of quorum, Sec. 2.25
    quorum assumed to be present, Sec. 3.19 quorum, establishment of, 
        following adjournment, Sec. 8.29
    recess, motion to, Sec. 8.28
    securing attendance arrests, Sec. Sec. 5.15-5.21
    yeas and nays, demand for, seconded, Sec. 3.19
Sergeant at Arms, instructing, or adjourning after quorum fails to 
    appear, Sec. Sec. 2.19, 10.11, 10.12
Signal lights and bells, Sec. Sec. 2.20-2.22
Special orders, point of order during, Sec. 13.10
Standing committee, absence of quorum in, as bar to floor consideration
    in general, Sec. Sec. 17.1-17.4
    Christoffel v United States, Sec. 17
    presumption of presence of quorum, Sec. Sec. 17.5, 17.6

[[Page 3494]]

    questioning committee chairman as to quorum, Sec. Sec. 17.17-17.19
    rule waiving quorum requirements, Sec. 17.24
    Senate precedent, Sec. 17.25
    suspension of rules, Sec. Sec. 17.22, 17.23
    timeliness of point of order, Sec. Sec. 17.6-17.16
    United States v Bryan, Sec. 17
    withdrawal of floor consideration, Sec. Sec. 17.20, 17.21
Suspend rules
    effect of absence of quorum in standing committee as bar to floor 
        consideration, Sec. Sec. 17.22, 17.23
    proceedings after quorum fails to appear on vote to, 
        Sec. Sec. 10.14, 10.15
Tellers
    point of no quorum in Committee of the Whole as related to, demand 
        for, Sec. Sec. 7.19, 7.20
    quorum established on vote, Sec. 3.14
Timeliness of points of no quorum
    in general, Sec. Sec. 13.1-13.3
    committee, objection in House to lack of quorum in, Sec. Sec. 17.6-
        17.16
    completing action, after, Sec. Sec. 13.25, 13.26
    conference report, after agreement to, Sec. 13.26
    debate, during, Sec. Sec. 13.6-13.9
    division vote, after, Sec. 13.20
    division vote and rejection of yeas and nays, after, Sec. 13.19
    extend remarks, after permission to, Sec. 13.17
    parliamentary inquiry, preceded by, Sec. 13.18
    passage of bill, after, Sec. 13.25
    prayer, before, Sec. 13.22
    reading of resolution after establishment of quorum, during, 
        Sec. 13.28
     roll calls, effect of postponing, Sec. 13.13
    special order, during, Sec. 13.10
    voice vote, after announcement of, Sec. 13.16
Unfinished business
    Calendar Wednesday, effect of absence of quorum on, Sec. 10.20
    effect of absence of a quorum, Sec. Sec. 10.17-10.19
Vacating proceedings
    interpretation of rule, Sec. 2.22
    passage of bill, proceedings after vacating, Sec. 2.24
    unanimous-consent request to vacate proceedings, Sec. 2.23
Verification of Chair's count by tellers
    counting the House, Sec. 3.15
Vote, failure of quorum to, Sec. 2.18
Warrants and motions for arrest, Sec. Sec. 5.10-5.12
Withdrawal of floor consideration because of absence of quorum in 
    committee, Sec. Sec. 17.20, 17.21
Withdrawal of point of no quorum
    in general, Sec. Sec. 18.1, 18.2
    consequences of, Sec. Sec. 18.3, 18.4
    when not permitted, Sec. Sec. 18.7-18.9
    when permitted, Sec. Sec. 18.5, 18.6
Withholding
    point of no quorum, Sec. Sec. 18.10, 18.11
Yea and nay votes
    dispense with further proceedings, motion to, Sec. Sec. 9.14-9.16

[[Page 3495]]


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 1. In General; Scope



    Article I, section 5, of the Constitution,(1) provides 
that ``a Majority of each [House] shall constitute a Quorum to do 
Business; but a smaller Number may adjourn from day to day, and may be 
authorized to compel the Attendance of absent Members, in such Manner, 
and under such Penalties as each House may provide.'' A quorum consists 
of a majority (2) of those Members sworn and 
living,(3) whose membership has not been terminated by 
resignation or action of the House.(4)
---------------------------------------------------------------------------
 1. See House Rules and Manual Sec. Sec. 52-57 (1979), for a discussion 
        of earlier precedents relating to this provision.
            For earlier treatment of the quorum, see 4 Hinds' 
        Precedents Sec. Sec. 2884-2979; and 6 Cannon's Precedents 
        Sec. Sec. 638-677; discussion of calls of the House appears in 
        4 Hinds' Precedents Sec. Sec. 2980-3055; and 6 Cannon's 
        Precedents Sec. Sec. 678-707.
 2. Sec. 1.1, infra.
 3. Sec. 1.2, infra.
 4. 4 Hinds' Precedents Sec. Sec. 2889, 2890; and 6 Cannon's Precedents 
        Sec. 638.
---------------------------------------------------------------------------

    A quorum is presumed to be present unless a point of no quorum is 
made.(5) Although it is not the duty of the Chair to take 
cognizance of the absence of a quorum unless disclosed by a vote or 
questioned by a point of no quorum,(6) failure of a quorum 
to vote on a roll call cannot be ignored; the Chair must announce that 
fact although it was not objected to from the floor.(7)
---------------------------------------------------------------------------
 5. Sec. 1.3, infra.
 6. 6 Cannon's Precedents Sec. 565.
 7. 4 Hinds' Precedents Sec. Sec. 2953, 2963; and 6 Cannon's Precedents 
        Sec. 624.
---------------------------------------------------------------------------

    After the absence of a quorum has been announced, no ``business'' 
including a unanimous-consent request to withdraw the point of no 
quorum,(8) is in order until a quorum has been 
established.(9) Nonetheless, the motion to adjourn, the 
motion for a call of the House (10) and motions incidental 
to a call of the House (11) are in order in the absence of a 
quorum. Similarly, the House may adjourn sine die in the absence of a 
quorum where both Houses
---------------------------------------------------------------------------
 8. See Sec. Sec. 10, 18.7, infra, for a discussion of the definition 
        of ``business.''
 9. Sec. 1.5, infra.
10. Sec. 1.6, infra.
11. Sec. 1.11, infra.
---------------------------------------------------------------------------

[[Page 3496]]

have adopted a concurrent resolution providing for a sine die 
adjournment on that day.(12) Moreover, under the precedents, 
a quorum is not required for the opening prayer and Members are not 
recognized for such a point of order.(13)
---------------------------------------------------------------------------
12. Sec. 1.13, infra; see also Sec. 8, infra, for a discussion of the 
        motion to adjourn.
13. Sec. 1.12, infra.
---------------------------------------------------------------------------

    In the 93d Congress, on Apr. 9, 1974, certain changes were adopted 
in the rules governing the time for making a point of no quorum, as 
well as the proper procedures relating to quorum calls. These changes 
will be discussed in detail in supplements to this edition as they 
appear. Broadly, under the new procedures, a point of no quorum may not 
be entertained (1) before or during the offering of prayer; (2) during 
the administration of the oath of office to the Speaker, Speaker pro 
tempore, Member, Delegate, or Resident Commissioner; (3) during the 
reception of any message from the President or the Senate; and (4) 
during the offering, consideration, and disposition of any motion 
incidental to a call of the House. The House Rules and Manual, 
published each Congress, can serve as a reference for changes of the 
rules relating to the establishment of a quorum which have occurred 
following the publication date of this volume.
    In addition, since the beginning of the 93d Congress, once the 
Chairman of the Committee of the Whole determines during a quorum call 
that a quorum is present, he may, under Rule XXIII clause 2(a), declare 
that a quorum is constituted, whereupon proceedings under the call are 
considered vacated.
    Similarly, after the presence of a quorum is ascertained, a further 
point of no quorum may not be made or entertained during reading of the 
Journal, pending a report from the Committee of the Whole to the House, 
during special orders, or any other time until additional business 
intervenes. A quorum is not required in the Committee of the Whole for 
agreement to a motion that the Committee rise.
    In the 94th and 95th Congresses, other changes were adopted in the 
rules regarding the necessity for and establishment of a quorum. Under 
clause 6(e)(1) of Rule XV, the Speaker may not entertain a point of 
order of no quorum when he has not put a question to a vote in the 
House, but under clause 6(e)(2) the Speaker may at any time in his 
discretion recognize a Member of his choice to move a call of the

[[Page 3497]]

House. Clause 6(e)(2) was amended in the 96th Congress to dispense with 
further proceedings under any call of the House when a quorum appears 
unless the Speaker in his discretion recognizes for a 
motion.(14) Changes since the 93d Congress in Rule XXIII 
clause 2 relating to quorum calls in Committee of the Whole are 
discussed in detail in Sec. 7, infra.
---------------------------------------------------------------------------
14. See Rule XV clause 6(e) (1) and (2), House Rules and Manual 
        Sec. 774c (1979).
---------------------------------------------------------------------------

                          Collateral Reference
Constitution of the United States of America; Analysis and 
    Interpretation, S. Doc. No. 92-82, 112, 113, 92d Cong. 2d 
    Sess.                          -------------------

Majority as Quorum

Sec. 1.1 A majority of the House constitutes a quorum to do business.

    On Feb. 18, 1958,(15) Speaker Sam Rayburn, of Texas, 
after counting 217 Members, stated that a quorum was present.
---------------------------------------------------------------------------
15. 104 Cong. Rec. 2317, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Michael J.] Kirwan [of Ohio]: Mr. Speaker, I move the 
    previous question on the motion to recommit.
        The previous question was ordered.
        The Speaker: The question is on the motion to recommit.
        Mr. [Ben F.] Jensen [of Iowa]: Mr. Speaker, on that I ask for 
    the yeas and nays.

        The yeas and nays were refused.
        The question was taken, and the Chair announced that the noes 
    appeared to have it.
        Mr. Jensen: Mr. Speaker, I object to the vote on the ground 
    that a quorum is not present, and make the point of order that a 
    quorum is not present.
        The Speaker: The Chair will count. [After counting.] Two 
    hundred and seventeen Members are present, a quorum.(16)
---------------------------------------------------------------------------
16. At this time 431 Members were chosen, sworn, and living; 
        consequently 216 would have constituted the necessary quorum.
---------------------------------------------------------------------------

        The question is on the passage of the bill.

Sec. 1.2 A quorum of the House consists of a majority of those Members 
    sworn and living; the Speaker's vote may be counted to make a 
    quorum.

    On Oct. 20, 1966,(17) the Speaker voted on a conference 
report in order to make a quorum.
---------------------------------------------------------------------------
17. 112 Cong. Rec. 28254, 28255, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: (18) The question is on agreeing to the 
    conference report.
---------------------------------------------------------------------------
18. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The question was taken; and the Speaker announced that the 
    ``ayes'' appeared to have it.
        Mr. [Glenn] Cunningham [of Nebraska]: Mr. Speaker, I object to 
    the

[[Page 3498]]

    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 171, nays 46, not 
    voting [216], as follows: . . .
        The Speaker: The Clerk will call my name.
        The Clerk called the name of Mr. McCormack, and he answered 
    ``yea.''
        So the conference report was agreed to.

Presumption of Quorum

Sec. 1.3 In the House of Representatives a quorum is presumed always to 
    be present unless a point of no quorum is made.

    On July 18, 1949,(19) Speaker Sam Rayburn, of Texas, 
made a statement regarding presumption of a quorum.
---------------------------------------------------------------------------
19. 95 Cong. Rec. 9654, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clark E.] Hoffman of Michigan: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Hoffman of Michigan: Mr. Speaker, it is my understanding 
    this is Consent Calendar day. In view of the recent Supreme Court 
    decision in the Christoffel case,(20) which held 
    affirmatively that unless a quorum is present the committees of the 
    House and the House are not legal tribunals, would the House now be 
    competent to consider bills on the Consent Calendar, it being 
    apparent a quorum is not present?
---------------------------------------------------------------------------
20. Christoffel v United States, 328 U.S. 84 (1949). See Sec. 17, 
        infra, for a discussion of this case.
---------------------------------------------------------------------------

        The Speaker: The gentleman knows, of course, that unless a 
    point of no quorum is made, it is presumed that a quorum is always 
    present.

Proceeding Requiring a Quorum

Sec. 1.4 Ascertaining the presence of a quorum is the first order of 
    business when the House convenes following a sine die adjournment.

    On Jan. 7, 1964,(21) Speaker John W. McCormack, of 
Massachusetts, ascertained the presence of a quorum immediately after 
the prayer.
---------------------------------------------------------------------------
21. 110 Cong. Rec. 4, 5, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        This being the day fixed by Public Law 247, 88th Congress, 
    enacted pursuant to the 20th amendment to the Constitution, for the 
    meeting of the 2d session of the 88th Congress, the Members of the 
    House of Representatives of the 88th Congress met in their Hall, 
    and at 12 o'clock noon were called to order by the Speaker, the 
    Honorable John W. McCormack, a Representative from the State of 
    Massachusetts.

[[Page 3499]]

        The Chaplain, Rev. Bernard Braskamp, D.D., offered the . . . 
    prayer. . . .

                             Call of the House

        The Speaker: The Clerk will call the roll to ascertain the 
    presence of a quorum. . . .

    On this roll call 342 Members have answered to their names. A 
quorum is present.

Sec. 1.5 The Chair refuses to recognize Members for business after an 
    absence of a quorum has been announced; no business is in order 
    until a quorum has been established.

    On June 8, 1960,(1) Speaker Sam Rayburn, of Texas, 
refused to entertain business until a quorum was established.
---------------------------------------------------------------------------
 1. 106 Cong. Rec. 12142, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

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

Sec. 1.6 A quorum not being present, no motion is in order but for a 
    call of the House or a motion to adjourn; at this stage a motion to 
    adjourn has precedence over the motion for a call of the House.

    On Apr. 24, 1956,(2) Speaker Sam Rayburn, of Texas, 
presented the question on a motion to adjourn before addressing himself 
to a prior motion for a call of the House.
---------------------------------------------------------------------------
 2. 102 Cong. Rec. 6891, 84th Cong. 2d Sess.
            For proceedings of the House on this date, see Sec. 8.14, 
        infra.
---------------------------------------------------------------------------

Sec. 1.7 Where the Speaker after a count announces that no quorum is 
    present, all proceedings and debate are sus

[[Page 3500]]

    pended until a quorum is secured or the House adjourns.

    On Mar. 25, 1937,(3) Speaker William B. Bankhead, of 
Alabama, made a statement regarding the effect of a quorum.
---------------------------------------------------------------------------
 3. 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.
        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.

Sec. 1.8 A quorum is required to agree to a resolution to adjourn sine 
    die.

    On Oct. 18, 1972,(4) House Concurrent Resolution 726 was 
passed.
---------------------------------------------------------------------------
 4.  118 Cong. Rec. 37061, 37062, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

                     Provision for Sine Die Adjournment

        Mr. [Thomas P.] O'Neill [of Massachusetts]: Mr. Speaker, I 
    offer a privileged concurrent resolution (H. Con. Res. 726) and ask 
    for its immediate consideration.
        The Clerk read as follows:

                                H. Con. Res. 726

            Resolved by the House of Representatives (the Senate 
        concurring), That the two Houses of Congress shall adjourn on 
        Wednesday, October 18, 1972, and that when they adjourn on said 
        day, they stand adjourned sine die.

[[Page 3501]]

        The Speaker: (5) The question is on the concurrent 
    resolution.
---------------------------------------------------------------------------
 5. Carl Albert (Okla.).
---------------------------------------------------------------------------

        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [James G.] O'Hara [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.
        The Speaker: 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 240, nays 21, not 
    voting 170, as follows: . . .
        So the concurrent resolution was agreed to.

Sec. 1.9 Where the Chair after counting announces that a quorum is not 
    present, a Member may not even by unanimous consent withdraw his 
    point of no quorum to permit the House to continue with its 
    business without first having obtained a quorum.

    On Dec. 18, 1937,(6) Speaker William B. Bankhead, of 
Alabama, made a ruling regarding withdrawal of a point of no quorum.
---------------------------------------------------------------------------
 6. 82 Cong. Rec. 1846, 75th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Lois C.] Rabaut [of Michigan]: Mr. Speaker, I suggest the 
    absence of a quorum.
        The Speaker: The gentleman from Michigan makes the point of 
    order that there is not a quorum present. The Chair will count. 
    [After counting.] One hundred and fifty-six Members are present, 
    not a quorum.
        Mr. Rabaut: Mr. Speaker, I will withdraw the motion.
        Mr. [Bertrand H.] Sneel [of New York]: Mr. Speaker, a point of 
    order. The Speaker has announced that a quorum is not present. The 
    gentleman from Michigan cannot withdraw the point of order. The 
    Speaker has announced that there is no quorum present. Business 
    cannot be conducted after the Speaker has announced there is no 
    quorum present.
        The Speaker: The Chair will hold that a point of order having 
    been made that there was no quorum present, and the Chair having 
    counted and announced that there was no quorum present, a 
    constitutional question is raised. No quorum is present, as was 
    announced by the Chair.
        Mr. [Henry B.] Steagall [of Alabama]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.

Sec. 1.10 Any action by the House on a Senate amendment requires a 
    quorum if a Member raises that question.

    On Mar. 30, 1944,(7) Speaker pro tempore John W. 
McCormack, of Massachusetts, made a statement regarding the need for a 
quorum for consideration of a Senate amendment.
---------------------------------------------------------------------------
 7. 90 Cong. Rec. 3318, 78th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The Chair lays before the House, House

[[Page 3502]]

    Concurrent Resolution No. 75, with a Senate amendment, which the 
    Clerk will report.
        The Clerk read as follows:

            Senate amendment: On page 2, line 3, strike out ``Thursday, 
        March 30'' and insert ``Saturday, April 1.''

        Amend the title so as to read: ``Concurrent resolution 
    providing for the adjournment of Congress from Saturday, April 1, 
    1944, to Wednesday, April 12, 1944.''
        The Speaker Pro Tempore: Without objection, the amendment is 
    agreed to.
        Mr. [Clark E.] Hoffman [of Michigan]: Mr. Speaker, reserving 
    the right to object, I make a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hoffman: What is the procedure?
        Mr. [Robert] Ramspeck [of Georgia]: Mr. Speaker, I move that 
    the House concur in the Senate amendment.
        Mr. Hoffman: Well, Mr. Speaker, I object.
        The Speaker Pro Tempore: Is the gentleman propounding a 
    parliamentary inquiry?
        Mr. Hoffman: Yes, Mr. Speaker.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hoffman: What is the procedure on this resolution?
        The Speaker Pro Tempore: It is a privileged resolution, and the 
    procedure would be for some Member-and the gentleman from Georgia 
    [Mr. Ramspeck] has done so--to make a motion that the House concur 
    in the Senate amendment.
        Mr. Hoffman: And then a vote is taken on the motion?
        The Speaker Pro Tempore: That is correct.
        Mr. Hoffman: Does that require a quorum?
        The Speaker Pro Tempore: Any action by the House requires a 
    quorum if the one who takes such step raises that question.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Rankin: As I understand the situation, whether there is a 
    quorum present or not, unless this amendment is agreed to, the 
    resolution does not become final until this amendment is disposed 
    of. That is correct, is it not?
        The Speaker Pro Tempore: The gentleman is correct.
        Mr. Rankin: And therefore we would not be in a position to 
    recess for the time mentioned until this amendment is disposed of 
    one way or the other.
        The Speaker Pro Tempore: The understanding of the Chair is the 
    same as that of the gentleman from Mississippi.
        The gentleman from Georgia moves that the House concur in the 
    Senate amendment.
        The question is on the motion of the gentleman from Georgia.
        Mr. Hoffman: Mr. Speaker, I make the point of order that a 
    quorum is not present.
        The Speaker Pro Tempore: The Chair will count.
        Mr. Hoffman: Mr. Speaker, I withdraw the point of no quorum for 
    the time being.

[[Page 3503]]

        The Speaker Pro Tempore: Without objection, further 
    consideration of the concurrent resolution (H. Con. Res. 75) will 
    be withdrawn.
        There was no objection.

Proceedings Permitted in the Absence of a Quorum

Sec. 1.11 A quorum is not required on motions incidental to a call of 
    the House.

    On Oct. 8, 1940,(8) Speaker Sam Rayburn, of Texas, made 
a ruling regarding the need for a quorum on a motion to dispense with 
further proceedings, which is a motion incidental to a call of the 
House.
---------------------------------------------------------------------------
 8. 86 Cong. Rec. 13403, 76th Cong. 3d Sess. In an isolated instance, 
        objections to the lack of a quorum to vote on motions 
        incidental to a call of the House were improperly entertained. 
        See the proceedings at 108 Cong. Rec. 9940-42, 87th Cong. 2d 
        Sess., Sept. 19, 1962. On that occasion, failure of a quorum to 
        vote on motions to dispense with further proceedings under a 
        call of the House resulted in automatic yea and nay votes on 
        the motions.
---------------------------------------------------------------------------

        The Speaker: On this roll call 318 Members have answered to 
    their names, a quorum.
        Mr. [Jere] Cooper [of Tennessee]: Mr. Speaker, I move to 
    dispense with further proceedings under the call.

        The Speaker: Without objection it is so ordered.
        Mr. [John] Taber [of New York]: Mr. Speaker, I object.
        Mr. Cooper: I moved it, Mr. Speaker.
        The Speaker: The question is on the motion of the gentleman 
    from Tennessee.
        The question was taken; and, on a division (demanded by Mr. 
    Taber), there were--ayes 99 and noes 75.
        Mr. Taber: Mr. Speaker, I object to the vote on the ground that 
    there is not a quorum present.
        The Speaker: A quorum is not required to dispense with further 
    proceedings under the call.

Sec. 1.12 A quorum is not required for prayer by the Chaplain and the 
    Speaker does not recognize Members for such a point of order.

    On Mar. 19, 1941,(~9) Speaker Sam Rayburn, of Texas, 
made a statement regarding recognition of Members for a point of no 
quorum during prayer.
---------------------------------------------------------------------------
 9. 87 Cong. Rec. 2351, 2352, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rich: Mr. Speaker, when I was seeking recognition from the 
    Speaker before the Chaplain offered prayer, I felt that there would 
    be a call of the House and I thought it would be a good thing for 
    all the Members to be here for once to hear the Chaplain offer 
    prayer. What does the Speaker think about that? Would it be proper

[[Page 3504]]

    procedure for a Member to make the point of order that a quorum is 
    not present before the Chaplain offers prayer?
        The Speaker: As the Chair understands, it has been held many 
    times that the prayer is not such business of the House that a 
    quorum is required.

Sec. 1.13 The House, pursuant to a resolution agreed to when a quorum 
    was present, may adjourn sine die in the absence of a quorum.

    On Oct. 18, 1972,(10) the House adjourned sine die in 
the absence of a quorum following agreement by a quorum to a resolution 
authorizing such adjournment.(11)
---------------------------------------------------------------------------
10. 118 Cong. Rec. 37199, 37200, 92d Cong. 2d Sess.
11. See Sec. 1.8, supra, for agreement to the resolution permitting 
        adjournment sine die.
---------------------------------------------------------------------------

                             Call of the House

        Mr. [John T.] Myers [of Indiana]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker: (12) The Chair will count.
---------------------------------------------------------------------------
12. Carl Albert (Okla.).
---------------------------------------------------------------------------

        One hundred twelve Members are present, not a quorum.
        Mr. [Thomas P.] O'Neill [Jr., of Massachusetts]: Mr. Speaker, I 
    move a call of the House.
        A call of the House was ordered.

                          Parliamentary Inquiries

        Mr. [Wilbur D.] Mills of Arkansas: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Mills of Arkansas: Mr. Speaker, will the Speaker entertain 
    a unanimous-consent request that the call of the roll be vacated.
        The Speaker: The Speaker does not have that authority under the 
    Constitution.
        If there are any Members in the Chamber who have not answered 
    and the Speaker can identify them, he will have them recorded. The 
    Speaker does have that authority, but he does not know of any such 
    Members.The Clerk called the roll, and the following Members failed 
    to answer to their names: . . .
        [276 Members failed to answer.]
        Mr. O'Neill: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. O'Neill: Mr. Speaker, am I correct in assuming that when 
    the House adjourns tonight it adjourns to meet on January 3, 1973, 
    at 12 o'clock?
        The Speaker: That is correct. . . .

                            Adjournment Sine Die

        Mr. O'Neill: Mr. Speaker, I move that the House do now adjourn.
        The motion was agreed to.
        The Speaker: In accordance with the provisions of House 
    Concurrent Resolution 726, the Chair declares the second session of 
    the 92d Congress adjourned sine die.
        Accordingly (at 8 o'clock and 47 minutes p.m.), Wednesday, 
    October 18, 1972, the House adjourned sine die.

    Parliamentarian's Note: This final quorum call originally omit

[[Page 3505]]

ted from the daily edition of the Record, was inserted in the Journal 
and in the permanent Record at the request of the Parliamentarian based 
upon the rationale stated in Sec. 2.22, infra, showing that an 
adjournment of the House in the absence of a quorum does not justify 
deletion of those proceedings from the Journal and Record.


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 2. Calls Ordered on Motions; Automatic Calls

    The rules of the House authorize two calls of the House, the call 
on motion and the automatic call, to ascertain the presence of a 
quorum. Prior to the 95th Congress, the call ordered on motion 
(13) was in order in the absence of a quorum whether or not 
a pending question was being put to a vote. Under this former 
procedure, a Member rose and made the point of order that a quorum was 
not present. The Speaker, after noting the point of order, counted the 
House and announced whether a quorum was present. If not, any Member 
could move a call of the House. Under current procedure (beginning in 
the 95th Congress) a point of order of no quorum may not be entertained 
unless the pending question has been put to a vote, but the Speaker 
may, in his discretion, recognize for a motion for a call of the House 
at any time.(14) Fifteen Members including the Speaker 
voting in the affirmative are authorized to compel the attendance of 
absentees.(15)  But because a call must be ordered by a vote 
of a majority of those present, a minority of 15 favoring a call on 
such vote will not suffice.(1)
---------------------------------------------------------------------------
13. Rule XV clause 2(a), House Rules and Manual Sec. 768 (1979).
14. Rule XV clause 6(e), House Rules and Manual Sec. 774(c) (1979).
15. Rule XV clause 2(a), House Rules and Manual Sec. 768 (1979).
 1. See annotation to Rule XV clause 2(a), House Rules and Manual 
        Sec. 769 (1979); and 4 Hinds' Precedents Sec. 2984
---------------------------------------------------------------------------

    If a majority votes to compel attendance absentees are notified. 
Warrants may be issued by order of a majority of those present, and 
those for whom no sufficient excuse is made may be arrested by officers 
appointed by the Sergeant at Arms; absentees' attendance is secured and 
retained until they are discharged by the House. Members who appear 
voluntarily are immediately admitted to the Hall of the House and 
report their names to the Clerk to be entered upon the Journal as 
present. Until the 96th Congress, the appearance of a sufficient number 
to

[[Page 3506]]

make a quorum did not automatically terminate proceedings incident to 
the call such as closing the doors (which was the practice until the 
92d Congress), completing the call of the roll, noting absentees, and 
arresting and retaining absentees; these activities continue upon order 
of a majority of those present until the House either by unanimous 
consent or motion agrees to dispense with further proceedings under the 
call.(2) After agreeing, the House resumes its business.
---------------------------------------------------------------------------
2. See 9, infra, for a discussion of the motion to dispense with 
        further proceedings under the call. In the 96th Congress, 
        clause 6(e)(2) was amended to provide that proceedings be 
        automatically dispensed with unless the Speaker in his 
        discretion recognizes for a motion to dispense. Until the 93d 
        Congress, Rule XV clause 2 required that the doors be closed on 
        any call of the House, but on Oct. 13, 1972, that clause was 
        amended (H. Res. 1123, 92d Cong. 2d Sess., 118 Cong. Rec. 
        36012) to require that the doors would be closed only by order 
        of the Speaker, effective at the end of the 92d Congress. See 
        Sec. 6, infra.
---------------------------------------------------------------------------

    When a call of the House on motion is ordered, the Speaker, subject 
to the provision relating to recording votes by electronic 
device,(3) or in lieu of a call of the roll under Rule XV 
clause 1, is authorized by Rule XV clause 2(b) (4) to 
appoint one or more clerks to tell the names of Members who are 
present.
---------------------------------------------------------------------------
 3. Rule XV clause 5, House Rules and Manual Sec. 774b (1979).
 4. House Rules and Manual Sec. 771b (1979)
---------------------------------------------------------------------------

    The other call of the House, the automatic call,(5) 
ensues when a quorum fails to vote on any question which requires a 
quorum,(6) a quorum is not present, and objection is made 
for that reason,(7) unless the House adjourns. Following 
announcement of a vote,(8)

[[Page 3507]]

the Speaker, hearing a point of no quorum from the floor, or on his own 
initiative, declares the absence of a quorum, orders the Doorkeeper to 
close the doors (a practice discontinued in the 92d Congress by 
addition of clause 2(b), Rule XV, on Oct. 13, 1972) and the Sergeant at 
Arms to bring in absent Members, and states that those in favor should 
vote ``aye'' and those opposed ``no.'' Under this procedure, as 
distinguished from the call on motion where an order of a majority of 
those present is needed, the Speaker without floor action possesses the 
authority to issue a warrant (9~) permitting the Sergeant at 
Arms, without separate motion, forthwith to bring in absentees, but the 
Speaker usually does not do so without action of the House. (See 
Sec. 5.10, infra.) The yeas and nays on the pending question are 
considered ordered. Unless the vote is taken by electronic device, the 
Clerk calls the roll and each Member as his name is called may vote on 
the pending question. Members brought in by the Sergeant at Arms are 
noted as present, immediately discharged from arrest, and given an 
opportunity to vote. The Speaker is authorized to declare that a quorum 
is constituted if those voting on the question together with those who 
are present and decline to vote make a majority of the House. Such a 
declaration dispenses with further proceedings. The pending question is 
decided by the majority vote of those who appear if a quorum responds. 
Proceedings under the automatic call are vacated if the House adjourns 
any time after completion of a roll call before a quorum responds and 
the result is announced.(10)
---------------------------------------------------------------------------
 5. Rule XV clause 4, House Rules and Manual Sec. 773 (1979).
 6. See annotation to Rule XV clause 4, House Rules and Manual Sec. 773 
        (1979). The automatic call does not apply to questions which do 
        not require a quorum, such as an affirmative vote on a motion 
        to adjourn (95 Cong. Rec. 10092, 81st Cong. 1st Sess., July 25, 
        1949), a motion incidental to a call of the House which may be 
        agreed to by less than a quorum (4 Hinds' Precedents 
        Sec. Sec. 2994, 3029; 6 Cannon's Precedents Sec. 681) or a call 
        when no question is pending (4 Hinds' Precedents Sec. 2990). A 
        point of no quorum on a negative vote of adjournment, if 
        sustained, precipitates an automatic call (6 Cannon's 
        Precedents Sec. 700).
 7. Following failure of a quorum to appear on a yea and nay vote, the 
        Speaker may take cognizance of that fact and order an automatic 
        call of the House despite absence of a point of order from the 
        floor (6 Cannon's Precedents Sec. Sec. 678, 679).
 8. The automatic roll call applies whether the question on which the 
        House is dividing is decided by a viva voce vote (6 Cannon's 
        Precedents Sec. 697), division (6 Cannon's Precedents 
        Sec. 691), tellers (4 Hinds' Precedents Sec. 3053), or yeas and 
        nays (6 Cannon's Precedents Sec. 703).
 9. See Rule XV clause 4, House Rules and Manual Sec. Sec. 773, 774a 
        (1979); 4 Hinds' Precedents Sec. 3043; and 6 Cannon's 
        Precedents Sec. 702.
10. Rule XV clause 4, House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    The provision which authorizes automatic calls of the House is 
subject to Rule XV clause 5,(~11) which permits the Speaker, 
unless he orders the calling of names in a manner authorized by the 
other sections of Rule XV, to order names to be called by electronic 
device.(12)
---------------------------------------------------------------------------
11. House Rules and Manual Sec. 774b (1979).
12. See Sec. 4, infra; and Ch. 30, infra, for discussions of electronic 
        voting.
---------------------------------------------------------------------------

    The automatic vote by yeas and nays is not in order in the 
Committee of the Whole.(13)
---------------------------------------------------------------------------
13. See annotation to Rule XV clause 4, House Rules and Manual 
        Sec. 774a (1979); and Sec. 2.7, infra.

---------------------------------------------------------------------------

[[Page 3508]]

    Amendments to the rules affecting procedures subsequent to the 94th 
Congress under calls of the House and under automatic yea and nay votes 
will be discussed in greater detail in supplements to this edition as 
they appear.
                          -------------------

Presumption as to Presence of Quorum

Sec. 2.1 In the House of Representatives a quorum is presumed always to 
    be present unless a point of no quorum is made.

    On July 18, 1949,(14) Speaker Sam Rayburn, of Texas, 
made a statement regarding presumption of a quorum.
---------------------------------------------------------------------------
14. 95 Cong. Rec. 9654, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Hoffman of Michigan: Mr. Speaker, it is my understanding 
    this is Consent Calendar day. In view of the recent Supreme Court 
    decision in the Christoffel case,(l5) which held 
    affirmatively that unless a quorum is present the committees of the 
    House and the House are not legal tribunals, would the House now be 
    competent to consider bills on the Consent Calendar, it being 
    apparent a quorum is not present?
---------------------------------------------------------------------------
15. Christoffel v United States, 338 U.S. 84 (1949). See Sec. 17, 
        infra, for a discussion of this case.
---------------------------------------------------------------------------

        The Speaker: The gentleman knows, of course, that unless a 
    point of no quorum is made, it is presumed that a quorum is always 
    present.

Obligation to Respond

Sec. 2.2 Permission of the House for a committee to sit during the 
    sessions of the House does not relieve Members from their 
    obligation to respond on roll calls.

    On Aug. 5, 1937,(16) Speaker William B. Bankhead, of 
Alabama, made a ruling regarding Members' obligation to respond to 
quorum roll calls.
---------------------------------------------------------------------------
16. 81 Cong. Rec. 8300, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Hamilton] Fish [Jr., of New York]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: Does the gentleman from Indiana yield to permit 
    the gentleman from New York to submit a parliamentary inquiry?
        Mr. [Arthur H.] Greenwood [of Indiana]: I yield.
        Mr. Fish: Mr. Speaker, when permission is given to a committee 
    to sit during the sessions of the House, does that give any rights 
    to any of the members of that committee on roll calls?
        The Speaker: Absolutely none.
        Mr. Fish: Not even on quorum roll calls?
        The Speaker: It does not. On all quorum roll calls all Members 
    who de

[[Page 3509]]

    sire to be recorded must appear and vote on the roll call.

Ascertaining Quorum Upon Convening

Sec. 2.3 Ascertaining the presence of a quorum is the first order of 
    business when the House convenes following a sine die adjournment.

    On Jan. 7, 1964,(17) Speaker John W. McCormack, of 
Massachusetts, ascertained the presence of a quorum immediately after 
the prayer.
---------------------------------------------------------------------------
17. 110 Cong. Rec. 4, 5, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        This being the day fixed by Public Law 247, 88th Congress, 
    enacted pursuant to the 20th amendment to the Constitution, for the 
    meeting of the 2d session of the 88th Congress, the Members of the 
    House of Representatives of the 88th Congress met in their Hall, 
    and at 12 o'clock noon were called to order by the Speaker, the 
    Honorable John W. McCormack, a Representative from the State of 
    Massachusetts.
        The Chaplain, Rev. Bernard Braskamp, D.D., offered the . . . 
    prayer: . . .

                             Call of the House

        The Speaker: The Clerk will call the roll to ascertain the 
    presence of a quorum. . . .
        The Speaker: On this rollcall 342 Members have answered to 
    their names. A quorum is present.

Postponement of Roll Calls

Sec. 2.4 Any roll calls which might be requested [except on resolutions 
    from the Committee on Rules] were, by unanimous consent, ordered 
    postponed until the following Tuesday [six calendar days from the 
    date of the request].

    On May 27, 1959,(18) roll calls were ordered postponed 
by unanimous consent.
---------------------------------------------------------------------------
18. 105 Cong. Rec. 9202, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that any rollcall votes, except on rules which may be 
    requested tomorrow or Monday, be put over until Tuesday next.

        The Speaker Pro Tempore: (19) Is there objection to 
    the request of the gentleman from Oklahoma?
---------------------------------------------------------------------------
19. John W. McCormack ( Mass.).
---------------------------------------------------------------------------

        There was no objection.

Presence of Members in Well During Roll Call

Sec. 2.5 The Speaker has ordered Members from the well of the House 
    during a roll call.

    On Oct. 12, 1962,(20) Speaker John W. McCormack, of 
Massachusetts, responding to a demand
---------------------------------------------------------------------------
20. 108 Cong. Rec. 23423, 23424, 23432-34, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3510]]

from a Member, H. R. Gross, of Iowa, ordered the well cleared.

        Mr. [Clarence] Cannon [of Missouri]: I make the point of order 
    that a quorum is not present and ask for the yeas and nays.
        The Speaker: The gentleman from Missouri makes the point of 
    order that a quorum is not present and objects to the vote on the 
    ground that a quorum is not present.
        The Chair will count.
        Evidently a quorum is not present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.
        The question was taken; and there were-yeas 84, nays 120, not 
    voting 230, as follows. . . .
        Mr. Gross (interrupting the rollcall): Mr. Speaker, I demand 
    the regular order.
        The Speaker: The regular order is proceeding.
        Mr. Gross (interrupting the rollcall): Mr. Speaker, I demand 
    the well be cleared.
        The Speaker: Members will take their places out of the well. . 
    . .
        The Clerk resumed calling the roll.(1)
---------------------------------------------------------------------------
 1. Parliamentarian's Note: Members may not remain near the Clerk's 
        desk (including the well) during a roll call vote. Rule XIV 
        clause 7, House Rules and Manual Sec. 763 (1979).
            Rule I clause 3 [House Rules and Manual Sec. 623 (1979)], 
        authorizes the Speaker to exercise general control of the Hall 
        of the House.
---------------------------------------------------------------------------

Speaker's Authority to Move a Call

Sec. 2.6 On a day on which the Speaker pro tempore was in the Chair 
    when a point of no quorum was made, the Speaker moved a call of the 
    House.

    On June 3, 1960,(2) while Speaker pro tempore Francis E. 
Walter, of Pennsylvania, was in the Chair, Speaker Sam Rayburn, of 
Texas, moved a call of the House from the floor.
---------------------------------------------------------------------------
 2. 106 Cong. Rec. 11830, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        Mr. [Chet] Holifield [of California]: I hope the gentleman will 
    withhold his point of order for a minute. . . .
        The Speaker Pro Tempore: The Chair will count. Evidently a 
    quorum is not present.
        Mr. [Sam] Rayburn [of Texas]: 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: . . .

Automatic Yeas and Nays in Committee of the Whole

Sec. 2.7 The provisions of Rule XV clause 4,(3) which permit 
    a
---------------------------------------------------------------------------
 3. House Rules and Manual 773 (1979).
---------------------------------------------------------------------------

[[Page 3511]]

    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.

    On Nov. 9, 1971,(4) during consideration of H.R. 10729, 
to amend the Federal Insecticide, Fungicide, and Rodenticide Act, 
Chairman William L. Hungate, of Missouri, ruled that an objection to a 
vote on the ground that a quorum was not present, under Rule XV clause 
4, was not in order in the Committee of the Whole.(5)
---------------------------------------------------------------------------
 4. 117 Cong. Rec. 40054, 92d Cong. 1st Sess.
 5. See also, for example, 116 Cong. Rec. 42232, 42233, 91st Cong. 2d 
        Sess., Dec. 17, 1970.
---------------------------------------------------------------------------

        The question was taken; and on a division (demanded by Mr. 
    Evans of Colorado) there were--ayes 28, noes 65.
        So the amendment to the substitute amendment was rejected.
        Mr. [Frank E.] Evans of Colorado: 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: That parliamentary procedure is not in order in 
    Committee of the Whole.

Motions for a Call of the House

Sec. 2.8 A motion for a call of the House does not require a quorum.

    On June 5, 1946,(6) Speaker Sam Rayburn, of Texas, made 
a ruling regarding the need for a quorum on a motion for a call of the 
House under Rule XV clause 2.(7)
---------------------------------------------------------------------------
 6. 92 Cong. Rec. 6352-56, 79th Cong 2d Sess.
 7. See also 108 Cong. Rec. 10389, 87th Cong. 2d Sess., June 13, 1962, 
        for another illustration of this principle.
---------------------------------------------------------------------------

        The Speaker (after counting): Two hundred and ten Members are 
    present, not a quorum.
        Mr. [Howard W.l Smith of Virginia: Mr. Speaker, I move a call 
    of the House.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, on that I 
    demand the yeas and nays.

        The yeas and nays were refused.
        The Speaker: The question is on the motion for a call of the 
    House.
        The question was taken; and on a division (demanded by Mr. 
    Rankin) there were--ayes 81, noes 13.
        Mr. Smith of Virginia: 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: A quorum is not required in this instance.
        So the motion was agreed to.

Sec. 2.9 Prior to adoption of the rules, whenever the absence of a 
    quorum is ascertained, a motion for a call of the House is in 
    order, the doors remain open while the roll is

[[Page 3512]]

    called alphabetically and, following the establishment of a quorum 
    after the second call, further proceedings under the call may be 
    dispensed with by unanimous consent [or by motion].

    On Jan. 21, 1971,(8) during reading of a resolution 
adopting the rules, a motion for a call of the House was held to be in 
order.
---------------------------------------------------------------------------
 8. 117 Cong. Rec. 13, 14, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: (9) The Chair recognizes the gentleman 
    from Mississippi.
---------------------------------------------------------------------------
 9. Carl Albert (Okla.).
---------------------------------------------------------------------------

        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, I offer 
    a resolution (H. Res. 5) and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

                                   H. Res. 5

            Resolved, That the Rules of the House of Representatives of 
        the Ninety-first Congress, together with all applicable 
        provisions of the Legislative Reorganization Act of 1946, as 
        amended, and the Legislative Reorganization Act of 1970, be, 
        and they are hereby adopted as the Rules of the House of 
        Representatives of the Ninety-second Congress, with the 
        following amendments as part thereof, to wit:
            In Rule X, renumber clause 4 and 5 as 5 and 6, insert a new 
        clause 3 as follows: . . .

                             Call of the House

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, I think this 
    is of more than passing importance. The Members should hear this 
    and, therefore, I make the point of order that a quorum is not 
    present.
        The Speaker: Evidently a quorum is not present.
        Mr. [Richard] Bolling [of Missouri]: Mr. Speaker, I move a call 
    of the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this roll call 395 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with. . . .

                             Rules of the House

        The Speaker: The Clerk will proceed with the reading of the 
    resolution.
        The Clerk read as follows:

            In Rule XI, strike out paragraph (a) of clause 27 and 
        insert in lieu thereof the following:
            ``(a) The Rules of the House are the rules of its 
        committees and subcommittees so far as applicable, except that 
        a motion to recess from day to day is a motion of high 
        privilege in committees and subcommittees.''

Sec. 2.10 Parliamentarian's Note: An automatic call of the House does 
    not result when less than a quorum votes on a motion ordering a 
    call of the House, because under Rule XV clause 2(a) 
    (10) [and
10. House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

[[Page 3513]]

    art. I, Sec. 5 of the Constitution] (11) less than a 
    quorum can compel the attendance of absent Members.
---------------------------------------------------------------------------
11. House Rules and Manual Sec. 52 (1979).
---------------------------------------------------------------------------

    This principle may be illustrated by analogy to the following 
proceedings, which took place on June 13, 1962: (12)
---------------------------------------------------------------------------
12. 108 Cong. Rec. 10389, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, I make the point of 
    order that a quorum is not present.
        The Speaker: (13) Evidently a quorum is not present.
---------------------------------------------------------------------------
13. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [Richard] Bolling [of Missouri]: Mr. Speaker, I move a call 
    of the House.
        The Speaker: Without objection, a call of the House is ordered.
        Mr. Gross: Mr. Speaker, I object.
        The Speaker: The question is on the motion.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. Gross: Mr. Speaker, I object to the vote on the ground that 
    a quorum is not present and make the point of order that a quorum 
    is not present.
        The Speaker: The Chair will state that this motion does not 
    require the presence of a quorum.

Prerogatives of the Chair

Sec. 2.11 Where a motion for a call of the House is pending and an 
    objection is made to ordering the call by unanimous consent, the 
    Speaker immediately puts the question on the motion.

    On June 13, 1962,(14) Speaker John W. McCormack, of 
Massachusetts, put to a vote a motion for a call of the House.
---------------------------------------------------------------------------
14. 108 Cong. Rec. 10389, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

        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. [Richard] Bolling [of Missouri]: Mr. Speaker, I move a call 
    of the House.
        The Speaker: Without objection, a call of the House is ordered.
        Mr. Gross: Mr. Speaker, I object.

        The Speaker: The question is on the motion.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.

Sec. 2.12 Where a point of order that a quorum was not present came too 
    late to invoke an ``automatic roll call'' under Rule XV clause 
    4,(1) the Chair treated the objection as a point of 
    order that a quorum was not present and
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

[[Page 3514]]

    entertained a motion for a call of the House under Rule XV clause 
    2(a).(2)
---------------------------------------------------------------------------
 2. House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

    On May 31, 1972,(3) Speaker pro tempore Hale Boggs, of 
Louisiana, following proceedings whereby a motion to reconsider a vote 
was laid on the table, entertained a motion for a call of the House.
---------------------------------------------------------------------------
 3. 118 Cong. Rec. 19344, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Richard] Bolling [of Missouri]: Mr. Speaker, I move the 
    previous question on the resolution.
        The previous question was ordered.
        The Speaker Pro Tempore: The question is on the resolution.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        Mr. [Samuel L.] Devine [of Ohio]: 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. Bolling: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.
        The Clerk proceeded to call the roll.
        Mr. Devine (during the call of the roll): Mr. Speaker, a point 
    of order. Is this not an automatic rollcall on the rule?
        The Speaker Pro Tempore: The gentleman is incorrect. It is a 
    quorum call.
        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hall: Is it not true that the gentleman from Ohio objected 
    to the vote on the ground that a quorum was not present and made a 
    point of order that a quorum was not present, whereupon the Chair 
    said that the rollcall was automatic?
        The Speaker Pro Tempore: The Chair had previously ruled that 
    the resolution had been agreed to and that a motion to reconsider 
    was laid on the table. Therefore, the Chair had no alternative 
    except to rule on the point of order that a quorum was not present 
    and order a quorum call, in view of the fact that the gentleman's 
    objection to the vote came too late.
        Mr. Devine: Mr. Speaker, I was on my feet at the time the Chair 
    made the statement that the question was on the resolution, and I 
    raised the objection to the vote on the ground that a quorum was 
    not present and made the point of order that a quorum was not 
    present.
        The Speaker Pro Tempore: The Chair was advised by the 
    Parliamentarian that the Chair had previously ruled that the 
    resolution had been agreed to and that a motion to reconsider had 
    been laid on the table. The Chair had no alternative but to observe 
    the gentleman's point of order that a quorum was not present, and a 
    quorum call is now underway. The Clerk will continue to call the 
    roll.

Sec. 2.13 The Speaker may refuse to entertain a point of no quorum if 
    an immediately preceding roll call vote has disclosed a quorum to 
    be present and no business has intervened.

[[Page 3515]]

    On Apr. 14, 1937,(4) Speaker William B. Bankhead, of 
Alabama, overruled a point of no quorum.(5)
---------------------------------------------------------------------------
 4. 81 Cong. Rec. 3455, 3456, 75th Cong. 1st Sess.
 5. See also 95 Cong. Rec. 10095-97, 81st Cong. 1st Sess., July 25, 
        1949; and Sec. 14, infra, which discuss points of no quorum 
        when made to delay proceedings.
---------------------------------------------------------------------------

        The Speaker: Today is Calendar Wednesday. The Clerk will call 
    the roll of committees.

                Amendment of the Long-and-Short-Haul Clause

        Mr. [Clarence F.] Lea [of California] (when the Committee on 
    Interstate and Foreign Commerce was called): Mr. Speaker, by 
    direction of the Committee on Interstate and Foreign Commerce, I 
    call up the bill (H.R. 1668) to amend paragraph (1) of section 4 of 
    the Interstate Commerce Act, as amended February 28, 1920 (U.S.C. 
    title 49, sec. 4).
        The Clerk read the title of the bill.
        Mr. [Alfred L.] Bulwinkle [of North Carolina]: Mr. Speaker, I 
    raise the question of consideration.
        The Speaker: The gentleman from North Carolina raises the 
    question of consideration of the bill. The question is, Will the 
    House consider the bill H.R. 1668.
        The question was taken; and on a division (demanded by Mr. Lea) 
    there were--ayes 152, noes 73.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, I demand 
    the yeas and nays.
        The yeas and nays were ordered.
        The Speaker: The question is, Will the House consider the bill 
    (H.R. 1668) to amend paragraph (1) of section 4 of the Interstate 
    Commerce Act, as amended February 28, 1920 (U.S.C., title 49, sec. 
    4)?
        The question was taken; and there were--yeas 278, nays 97, 
    answered ``present'' 1, not voting 54, as follows: . . .
        The result of the vote was announced as above recorded.
        The Speaker: The House automatically resolves itself into the 
    Committee of the Whole House on the State of the Union for the 
    consideration of the bill.
        Mr. [Schuyler Otis] Bland [of Virginia]: Mr. Speaker, I make 
    the point of order there is not a quorum present.
        The Speaker: The Chair feels compelled to overrule the point of 
    order, as the recent vote discloses a quorum is present.

Sec. 2.14 The Speaker may not declare a recess during a roll call 
    before the result is announced, even though the House has, by 
    unanimous consent, previously given him authority to declare a 
    recess at any time for the remainder of the week.

    On Oct. 12, 1962,(~6) Speaker John W. McCormack, of 
Massa
---------------------------------------------------------------------------
 6. 108 Cong. Rec. 23433, 23434, 87th Cong. 2d Sess. The House agreed 
        to a unanimous-consent request on Oct. 11, 1962, giving the 
        Speaker the authority to declare recesses ``at any time'' for 
        the remainder of the week. 108 Cong. Rec. 23207, 87th Cong. 2d 
        Sess.
---------------------------------------------------------------------------

[[Page 3516]]

chusetts, refused to declare a recess while a roll call was in 
progress.

        The Speaker: Does the gentleman from Missouri yield time to any 
    Member?
        Mr. [Clarence] Cannon [of Missouri]: No. I move the previous 
    question.
        The Speaker: Without objection, the previous question is 
    ordered.
        The question is on the motion offered by the gentleman from 
    Missouri [Mr. Cannon] to recede and concur in the Senate amendment 
    with an amendment.
        The question was taken, and the Speaker announced that the noes 
    appeared to have it.
        Mr. Cannon: Mr. Speaker, I ask for the yeas and nays.
        Mr. Speaker, I make the point of order that a quorum is not 
    present and ask for the yeas and nays.
        The Speaker: Does the gentleman object to the vote on the 
    ground that a quorum is not present or ask for the yeas and nays?
        Does the gentleman object to the vote?
        Mr. Cannon: I make the point of order that a quorum is not 
    present and ask for the yeas and nays.
        The Speaker: The gentleman from Missouri makes the point of 
    order that a quorum is not present and objects to the vote on the 
    ground that a quorum is not present.
        The Chair will count.
        Evidently a quorum is not present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.
        The question was taken; and there were--yeas 84, nays 120, not 
    voting 230, as follows: . . .

    After completion of the first call of the roll and during the 
second call, several parliamentary inquiries were entertained, 
including the following: (7)
---------------------------------------------------------------------------
 7. Id. at p. 23434.
---------------------------------------------------------------------------

        (The Clerk resumed calling the roll.)
        Mr. [Edmond] Edmondson [of Oklahoma] (interrupting the 
    rollcall): Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Edmondson: May a recess be declared in advance of the 
    completion of the vote?
        The Speaker: The Chair will state that in the present situation 
    the Chair may not declare a recess with a rollcall in process.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask that the 
    Chair announce the vote.
        The Speaker: On this vote, there were 84 yeas and 120 nays.
        So a quorum is not present.

    The motion was then made and agreed to that the House adjourn.

Interruption by Motions to Adjourn

Sec. 2.15 If a quorum fails to materialize on a yea and nay

[[Page 3517]]

    vote on a motion to adjourn decided in the negative, the House may 
    proceed to establish a quorum under a call of the House which was 
    in progress under Rule XV clause 2,(8) when the motion 
    to adjourn was made.
---------------------------------------------------------------------------
 8. House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

    On Oct. 14, 1969,(9) Speaker John W. McCormack, of 
Massachusetts, indicated the procedure to be followed after less than a 
quorum voted rejecting a motion to adjourn which had been entertained 
following failure of a quorum on a call of the House. (See Sec. 10.2, 
infra.)
---------------------------------------------------------------------------
 9. 115 Cong. Rec. 30054-56, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

Proceedings Following Calls of the House

Sec. 2.16 Although a Member may not announce how an absent colleague 
    would have voted on a roll call, there is no rule to prevent a 
    Member from announcing the reasons for absence of his colleagues on 
    a quorum call.

    On Mar. 13, 1946,(10) Speaker Sam Rayburn, of Texas, 
made a ruling regarding the announcement of reasons for absence from 
quorum calls.(11)
---------------------------------------------------------------------------
10. 92 Cong. Rec. A-1422, 79th Cong. 2d Sess.
11. This ruling contradicts many earlier rulings; see 6 Cannon's 
        Precedents Sec. 200; 77 Cong. Rec. 1139, 73d Cong. 1st Sess., 
        Apr. 3, 1933; 77 Cong. Rec. 2587, 73d Cong. 1st Sess., Apr. 28, 
        1933; 77 Cong. Rec. 3834, 73d Cong. 1st Sess., May 20, 1933; 78 
        Cong. Rec. 4691, 4700, 73d Cong. 2d Sess., Mar. 16, 1934; 81 
        Cong. Rec. 3489, 3490, 75th Cong. 2d Sess., Apr. 14, 1937; and 
        81 Cong. Rec. 3563, 75th Cong. 2d Sess., Apr. 15, 1937.
---------------------------------------------------------------------------

        Mr. [Milton H.] West [of Texas]: Mr. Speaker, this afternoon, 
    at about 1:30 o'clock, there was a quorum call, No. 53. Many 
    members of the Texas delegation did not answer that quorum call by 
    reason of the fact that at that time they were attending a luncheon 
    given in honor of that great Texan and great American, Admiral 
    Chester W. Nimitz, commander of the fleet. He was explaining to the 
    delegation the needs of the future fleet of the United States. For 
    that reason the following Members did not feel they should leave 
    that meeting in order to answer a quorum call----
        Mr. [Clarence] Cannon of Missouri: Mr. Speaker, I regret to 
    raise the point, but the gentleman is not proceeding in order. I 
    hope he will not start a procedure which will return to plague us 
    in the future. All of us understand that no Member of the Texas 
    delegation would fail to answer roll call unless he were fully 
    warranted in being absent. . . .
        The Speaker: (12) . . . The gentleman from Texas 
    [Mr. West] asked
---------------------------------------------------------------------------
12. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

[[Page 3518]]

    unanimous consent to proceed for 1 minute. It is the understanding 
    of the Chair that he did not intend to announce how any Member 
    voted. He was simply stating why some Members of the Texas 
    delegation did not answer a quorum call about 1 o'clock.

        Mr. Cannon of Missouri: I reluctantly raise the point of order. 
    . . .
        It would set a precedent for resuming an objectionable custom 
    which has long since been discontinued.
        The Speaker: The Chair believes that the gentleman from Texas, 
    being authorized by the Members whose names he is about to call, 
    would be allowed to state why they were not on the floor to answer 
    a roll call. The Chair knows of no rule of the House that is being 
    violated by that.
        Mr. [Joseph W.] Martin [Jr.] of Massachusetts: Mr. Speaker, I 
    ask unanimous consent that the gentleman from Texas may proceed for 
    one additional minute.
        Mr. Cannon of Missouri: Mr. Speaker, I regret to object. . . .
        The Speaker: The gentleman from Missouri objects. The time of 
    the gentleman from Texas has expired. . . .
        Mr. [Oren] Harris [of Arkansas]: Mr. Speaker, I ask unanimous 
    consent that the gentleman may be permitted to extend his remarks 
    in the Record.
        Mr. Cannon of Missouri: I make the point of order that a quorum 
    is not present.
        The Speaker: It is very necessary that some reports from the 
    Committee on Rules be filed this afternoon.
        Mr. Cannon of Missouri: Mr. Speaker, I withhold the point of 
    order.

Sec. 2.17 Where a quorum fails to develop on an automatic roll call 
    under Rule XV clause 4,(13) the Chair need not announce 
    the result of the vote other than to inform the House that a quorum 
    has not been developed since under that rule the Chair may 
    entertain a motion to adjourn ``at any time after the roll call has 
    been completed.''
---------------------------------------------------------------------------
13. House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Dec. 22, 1932,(14) Speaker John N. Garner, of Texas, 
made a statement regarding announcement of the vote on an automatic 
roll call on a pending motion to recommit.
---------------------------------------------------------------------------
14. 76 Cong. Rec. 942, 943, 72d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Oscar] De Priest [of Illinois]: Mr. Speaker, I object to 
    the vote on the ground that there is not a quorum present.
        The Speaker: Evidently there is not a quorum present. The 
    Doorkeeper will close the doors, the Sergeant at Arms will notify 
    the absent Members, and the Clerk will call the roll. . . .
        Mr. [Henry T.] Rainey [of Illinois]: Mr. Speaker, I move that 
    the House do now adjourn.
        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, may we have 
    the vote announced?
        The Speaker: It has developed there is not a quorum present.
        Mr. Snell: Mr. Speaker, what was the vote?
        The Speaker: It is not necessary to give that out, so the 
    Parliamentarian

[[Page 3519]]

    informs the Chair, but the Chair may announce that so far the vote 
    is--yeas 110, nays 95. There is not a quorum present.
        The gentleman from Illinois moves that the House do now 
    adjourn.

Failure of Quorum to Vote

Sec. 2.18 Instance where immediately after the Speaker counted a 
    quorum, a quorum failed to vote, by a division vote, on an 
    amendment. In response to a point of order, the Speaker ruled that 
    he observed that a quorum remained present when the vote was taken 
    and the Chair was not responsible if all Members did not vote.

    On Apr. 2, 1943,(15) during consideration of H.R. 2087, 
the War Security Act, Speaker Sam Rayburn, of Texas, held that a quorum 
was present.
---------------------------------------------------------------------------
15. 89 Cong. Rec. 2886, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair will count. [After counting.] Two 
    hundred and nineteen Members are present, a quorum.
        The question is on the amendment offered by the gentleman from 
    Wisconsin.
        The question was taken; and the Chair being in doubt, the House 
    divided, and there were--ayes 62, noes 112.
        Mr. [Harry] Sauthoff [of Wisconsin]: Mr. Speaker, I object to 
    the vote on the ground that a quorum is not present.
        The Speaker: The Chair has just counted, and a quorum was 
    present. The Chair is not responsible if all Members in the House 
    do not vote. The Chair must hold that a quorum is present.
        So the amendment was rejected.

    Parliamentarian's Note: The fact that a quorum does not vote on an 
amendment does not necessarily indicate that a quorum is not present.

Instructions to Sergeant at Arms

Sec. 2.19 Where a quorum fails to appear on a call of the House, a 
    motion to instruct the Sergeant at Arms to bring in absentees is in 
    order.

    On Oct. 14, 1969 (16) Speaker John W. McCormack, of 
Massachusetts, responded to a parliamentary inquiry on the propriety, 
in the absence of a quorum, of sending the Sergeant at Arms to bring in 
absent Members.
---------------------------------------------------------------------------
16. 115 Cong. Rec. 30054-56, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, a 
    parliamentary inquiry.
        Mr. Speaker, would it be in order at that point to move that 
    the Speaker instruct the Sergeant at Arms to bring in Members who 
    are absent?

[[Page 3520]]

        The Speaker: The Chair will state that if the House fails to 
    adjourn, a motion to that effect would be in order.

Legislative Signal Lights and Bells


Sec. 2.20 The Speaker announced to the House his directive that the 
    House legislative electric bell and light signals be altered to 
    distinguish between recorded votes in the House and quorum calls in 
    the House or in Committee of the Whole.

    On Jan. 21, 1970,(1) Speaker John W. McCormack, of 
Massachusetts, issued a directive that signal bells be used to 
distinguish between recorded votes and quorum calls:
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 612, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair would like to make an announcement.
        On January 3, 1969, the House adopted an amendment to rule XV, 
    clause 1, that eliminated the necessity for Members to ``qualify'' 
    on a yea-and-nay vote. Since that time several Members have asked 
    the Chair if it would be possible to make a signal system 
    distinction between a yea-and-nay vote--either a constitutional 
    vote or a vote under clause 4, rule XV--and a call of the House.
        The Chair has given careful consideration and study to the 
    matter and has reached the conclusion that the change would be of 
    benefit to the Members. Accordingly, starting today, the Chair has 
    directed that on all recorded votes the bells will be rung twice. 
    On quorum calls, either in the House or in Committee of the Whole, 
    the bells will be rung three times.
        For the convenience of Members the Chair will insert in the 
    Record at this point a revised schedule of the signal system:

               House Legislative Electric Bell and Light Signals

            Tellers: 1 ring and light on left.
            Yeas and Nays (either when ordered by one-fifth of those 
        present or under Rule XV, cl 4): 2 rings and lights on left.
            Call of House; No quorum in Committee of the Whole: 3 rings 
        and lights on left.
            Adjournment: 4 rings and lights on left.
            Recess: 5 rings and lights on left.
            Civil Defense Warning: 6 rings and lights on left.
            (The light on the far right--7--indicates that the House is 
        in session.)

Sec. 2.21 In a statement preceding introduction of the electronic 
    voting system, the Speaker announced a revised schedule of the 
    electric bell and light signals, including a provision for quorum 
    calls.

    On Jan. 15, 1973,(2) Speaker Carl Albert, of Oklahoma, 
announced a revised schedule of leg
---------------------------------------------------------------------------
 2. 119 Cong. Rec. 1055-57, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 3521]]

islative electric bell and light signals.

        The Chair has directed that the bell and light system be 
    utilized in the following manner:
        One bell indicates a teller vote, taken in accordance with 
    clause 5, Rule I (Members indicate their preference by walking up 
    the center aisle and [being] counted by Members who are named as 
    tellers by the Chair. This is not a recorded vote).
        Two bells indicate an electronically recorded vote, either 
    demanded under the Constitution by one-fifth of those present (in 
    the House) or by one-fifth of a quorum under clause 5, Rule I 
    (either in the House or in Committee of the Whole). Two bells may 
    also indicate a recorded vote under clause 5 Rule I whenever 
    Members are to record their votes by depositing ballot cards in the 
    ``aye'' or ``no'' boxes. The two bells will be repeated five 
    minutes after the first ring to give Members a second notice of the 
    vote in progress.
        Two bells, a brief pause, followed by two bells indicates a yea 
    and nay vote taken under the provisions of Rule XV, clause 1, by a 
    call of the roll. The bells will be sounded again when the Clerk 
    reaches the ``R's'' in the first call of the roll.
        Three bells indicate a quorum call, either by means of the 
    electronic system (Rule XV, clauses 2 and 5) or by means of tellers 
    (Rule XV, clause 2(b)). The bells will be repeated five minutes 
    after the first ring to give Members a second notice of the quorum 
    call in progress.
        Four bells indicate an adjournment of the House.
        Five bells indicate a recess of the House.
        Six bells indicate a civil defense warning.

    Parliamentarian's Note: The legislative call system was designed to 
alert Members to certain occurrences on the floor of the House. More 
recently, Speaker Thomas P. O'Neill, of Massachusetts, has directed 
that the bells and lights comprising the system be utilized as follows 
(125 Cong. Rec. ----, 96th Cong. 1st Sess., Jan. 23, 1979):

        Tellers--one ring and one light on left.
        Recorded vote, yeas and nays, or automatic rollcall vote taken 
    either by electronic system or by use of tellers with ballot 
    cards--two bells and two lights on left indicate a vote in House or 
    in Committee of the Whole by which Members are recorded by name. 
    Bells are repeated five minutes after the first ring.
        Recorded vote, yeas and nays, or automatic rollcall electronic 
    vote on recommittal to be immediately followed by possible five-
    minute vote on final passage (cl. 5, Rule XV)--two bells rung at 
    beginning of motion to recommit, followed by five bells, indicate 
    that Chair will order five-minute vote if recorded vote, yeas and 
    nays or automatic vote is ordered immediately thereafter on final 
    passage or adoption. Two bells repeated five minutes after first 
    ring.
        Recorded vote, yeas and nays, or automatic rollcall by call of 
    the roll--two bells, followed by a brief pause, then two bells 
    indicate such a vote taken under the provisions of Rule XV,

[[Page 3522]]

    clause 1, by a call of the roll in the House. The bells are 
    repeated when the Clerk reaches the ``R's'' in the first call of 
    the roll.
        Regular quorum call--three bells and three lights on left 
    indicate a quorum call either in the House or in Committee of the 
    Whole by electronic system or by clerks. The bells are repeated 
    five minutes after the first ring. Where quorum call is by call of 
    the roll, three bells followed by a brief pause, then three more 
    bells, with the process repeated when the Clerk reaches the ``R's'' 
    in the first call of the roll, are utilized.
        Regular quorum call in Committee of the Whole, which will 
    possibly be immediately followed by five-minute electronic recorded 
    vote (cl. 2, Rule XXIII)--three bells rung at beginning of quorum 
    call, followed by five bells, indicate that Chair will order five-
    minute vote if recorded vote is ordered on pending question. Three 
    bells repeated five minutes after first ring.
        Notice or short quorum call in Committee of the Whole--one long 
    bell followed by three regular bells, and three lights on left, 
    indicate that the Chair has exercised his discretion under cl. 2, 
    Rule XXIII and will vacate proceedings when a quorum of the 
    Committee appears. Bells are repeated every five minutes unless (a) 
    the call is vacated by ringing of one long bell and extinguishing 
    of three lights, or (b) the call is converted into a regular quorum 
    call and three regular bells are rung.
        Adjournment--four bells and four lights on left.
        Any five-minute vote--five bells and five lights on left.
        Postponed votes on (a) motions to suspend the rules (cl. 3, 
    Rule XXVII); (b) on ``clustered'' rules from Rules Committee (cl. 
    4(e), Rule XI); or (c) on ``clustered'' final votes on bills, 
    resolutions or conference reports (cl. 5(b), Rule I)--two bells, 
    followed by five bells, indicate start of fifteen-minute vote on 
    first postponed question in each such series. Two bells repeated 
    five minutes after first ring. Five bells on all subsequent five-
    minute votes in each series on which Speaker has reduced vote time.
        Recess of the House six bells and six lights on left.

        Civil Defense Warning--twelve bells, sounded at two-second 
    intervals, with six lights illuminated.

Interpretation of ``Vacating Proceedings'' Under Rule XV Clause 4

Sec. 2.22 Where a quorum has failed to develop on an automatic roll 
    call under Rule XV clause 4,(3) and the House has 
    adjourned, the provision in the rule that proceedings be 
    ``vacated'' has been construed to mean the voiding of the 
    proceedings incident to such call, and not to mean deletion of the 
    proceedings from the Record and the Journal.
---------------------------------------------------------------------------
 3. House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Dec. 23, 1932,(4) and Dec. 27, 1932,(5) 
the interpretation of
---------------------------------------------------------------------------
 4. 76 Cong. Rec. 980, 981, 983, 984, 72d Cong. 2d Sess.
 5. Id. at pp. 986, 987.
---------------------------------------------------------------------------

[[Page 3523]]

the word ``vacate'' Rule XV clause 4, and the effect of vacating 
proceedings for purposes of the Journal and Record were discussed.

        The Journal of the proceedings of yesterday was read.
        The Speaker: (6) Without objection, the Journal will 
    stand approved.
---------------------------------------------------------------------------
 6. John N. Garner (Tex.).
---------------------------------------------------------------------------

        Mr. [Carl E.] Mapes [of Michigan]: Mr. Speaker, reserving the 
    right to object, I would like to ask the Speaker if the Journal 
    shows a record of the roll call on the motion to recommit when the 
    point of no quorum was developed immediately before the adjournment 
    of the House yesterday. The Record does not.
        The Speaker: The Journal does not show the roll call on the 
    motion to recommit.
        Mr. Mapes: Then, Mr. Speaker, I desire to call the Speaker's 
    attention and the attention of the House to the Journal and the 
    Record and to ask for a correction of both.
        Mr. Speaker, in this connection, I desire to say that in 
    looking over the Record this morning I saw that the roll call was 
    not in the Record, and I assumed that its omission was merely an 
    oversight. .
        Mr. [William B.] Bankhead [of Alabama]: I did not fully 
    understand the gentleman's request. Does the gentleman propose to 
    ask the Speaker to have the Journal corrected?
        Mr. Mapes: Yes; the Journal and the Record. As I was saying, 
    when I noticed the omission of the roll call in the Record, I 
    assumed the omission was an oversight, but a short time ago I took 
    occasion to call the Parliamentarian and was assured by him that 
    its omission was not an oversight. . . .
        I am told by the Parliamentarian that the basis for the 
    omission is contained in the last sentence of Rule XV, subsection 
    4, which says that when a situation is developed such as was 
    developed yesterday that all proceedings under this section shall 
    be vacated. I will read the entire sentence:

            At any time after the roll call has been completed, the 
        Speaker may entertain a motion to adjourn, if seconded by a 
        majority of those present, to be ascertained by actual count by 
        the Speaker; and if the House adjourns, all proceedings under 
        this section shall be vacated,

        What the proper construction of the last clause in that 
    sentence is may be open to some argument, but to me it is a violent 
    construction of it to construe it to mean that an actual roll call 
    in the House of Representatives shall not be recorded in the 
    Journal. . . .
        Mr. Bankhead: Mr. Speaker, I would like to be heard briefly on 
    the proposition. As the gentleman from Michigan has well said, this 
    might be a matter of considerable importance because of the dignity 
    of the Journal as showing the historical proceedings of the House 
    of Representatives.
        The gentleman from Michigan has well pointed out that the 
    Constitution does provide that--

            The House shall keep a Journal of its proceedings and from 
        time to time publish the same except such parts as may in their 
        judgment require secrecy.

        But that provision of the Constitution does not directly or by 
    implication go to the extent of saying that the

[[Page 3524]]

    House has not the right to control the interpretation and say what 
    entries in the Journal, shall be made. The Manual, section 71, 
    says:

            The House controls its Journal and may decide what are 
        proceedings, to the extent of omitting things actually done or 
        recording things not done.

        The rule that the gentleman from Michigan referred to a few 
    minutes ago is not susceptible of any ambiguous construction. It is 
    plain, simple, direct, and is mandatory in its provisions. An 
    automatic roll call was had, a motion to adjourn, seconded by a 
    majority of those present by actual count by the Speaker, and up to 
    that point the requirements of the rule were actually complied with 
    in all details; but the rule goes further, and this is the section 
    which governs the proper construction of the situation by the 
    Speaker:

                         And if the House adjourn--

        Which it did do under the preceding sections--

            Lall proceedings under this section shall be vacated. . . .

        The Speaker: The Chair is ready to make a statement, if not a 
    ruling. During the last Congress the late Speaker Longworth, in a 
    conversation with me, paid the Parliamentarian a very high 
    compliment as to his philosophy and accuracy in trying to maintain 
    the integrity of the rules of the House of Representatives. The 
    result was that when I became Speaker I continued his services, and 
    I have found him to be very capable.
        This rule we are considering may be a bad rule; and if we were 
    considering it originally, I am not certain that I would support 
    it, but that it is a part of the rules of the House of 
    Representatives there can be no question.
        The rule not only says that the proceedings shall all be 
    vacated but is followed by other matter. The rule was adopted in 
    1896. It applies only to votes where a quorum is required; that is, 
    the rule would vacate a vote if a quorum failed and the House 
    adjourned. The rule, of course, does not apply to a motion to 
    adjourn, since it does not require a quorum to agree to that 
    motion. Now, to make the illustration: If the motion yesterday had 
    been to adjourn, and no quorum developed on that motion, the vote 
    would have appeared in the Journal; but it was not a motion to 
    adjourn, it was a motion where a quorum was required, to wit, a 
    motion to recommit the bill to the committee with instructions to 
    report it back forthwith.
        There was no legal action on that motion yesterday, and it 
    seems to the Chair that under the circumstances the proceedings 
    were void by reason of this language of the rule:

            If the House adjourns, all proceedings under this section 
        shall be vacated.

        The Chair does not know what this language can mean unless it 
    means that where a quorum failed on an automatic roll call and the 
    House adjourned the entire proceedings relating to the call shall 
    be vacated. What can it possibly mean other than to-vacate the 
    proceedings? And that, of course, includes the roll call.
        The gentleman from Alabama called attention to the definition 
    of ``vacate'' found in Webster's Dictionary. The Parliamentarian 
    calls the Chair's at

[[Page 3525]]

    tention to the definition appearing in Bouvier's Law Dictionary, 
    which is:

            To render null and void; to vacate an entry which has been 
        made on a record.

        That is exactly what was done in this case.
        The Chair repeats again, this may be a bad rule, and its 
    philosophy may be wrong, but it is a rule of the House, and that 
    the Parliamentarian has complied with the rules of the House there 
    is no doubt in the Speaker's mind.
        The Speaker wants it understood that he is not wedded to this 
    conclusion, and it is a matter for the House to determine itself 
    what construction it will place in this particular rule. The Chair 
    has no pride in it whatever; and if it is the wish of the House to 
    allow it to go over until next Tuesday so we can look into it and 
    philosophize about it, the Chair would not be opposed to such 
    action.

        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Snell: If the Speaker says that the motion will be in order 
    on next Tuesday, I am perfectly willing to give him such time to 
    look into the matter further. I think it is important that this 
    question should be decided right for all time, because it is very 
    important in so far as the proceedings of the House are concerned.
        The Speaker: The Chair will recognize the gentleman from New 
    York to make the motion now, if he desires to make it.
        Mr. Snell: Mr. Speaker, perhaps it would be a good idea for me 
    to make the motion and have it pending. Would that be proper?
        Mr. Bankhead: Will the gentleman yield?
        Mr. Snell: Yes.
        Mr. Bankhead: The question arises, I respectfully suggest, 
    whether it would be in order to entertain that motion. In the 
    absence of a quorum, officially shown on the record, there is a 
    constitutional inhibition against any proceedings. I have no 
    objection myself, of course.
        Mr. Snell: This is a new legislative day, and there has been no 
    development of a quorum and no one has raised the issue.
        Mr. Bankhead: I am in entire accord with the suggestion of the 
    gentleman, but I do have serious doubt whether we could properly 
    consider it in the absence of a quorum.
        Mr. Snell: If the Chair is willing, I will make the motion with 
    the understanding it will not be taken up to-day but will be 
    pending.
        The Speaker: Let the Chair point out what the parliamentary 
    situation would be next Tuesday. We have one motion pending at the 
    present time as the unfinished business, to wit, the motion to 
    recommit. If the gentleman makes a motion to correct the Journal, 
    that would be the first business on Tuesday, as the Chair would 
    interpret it.
        Mr. Snell: I would expect so.
        The Speaker: Therefore, there would be pending on next Tuesday 
    two propositions, one following the other: First, the approval of 
    the Journal of yesterday's proceedings, and second, the motion to 
    recommit the bill to the committee with instructions to report it 
    back forthwith.

[[Page 3526]]

        Let the Chair suggest to the gentleman from New York that we 
    can adjourn, if the House desires, at the present time, and the 
    Chair will recognize the gentleman from New York on next Tuesday to 
    move to correct the Journal of the proceedings of yesterday.

                                Adjournment

        Mr. [Henry T.] Rainey [of Illinois]: Mr. Speaker, I move that 
    the House do now adjourn.
        The motion was agreed to; accordingly (at 12 o'clock and 42 
    minutes p.m.) the House adjourned to meet, in accordance with its 
    previous order, on Tuesday, December 27, 1932, at 12 o'clock noon.

    On Dec. 27, 1932,(7) the following occurred immediately 
after the prayer:
---------------------------------------------------------------------------
 7. 76 Cong. Rec. 986, 987, 72d Cong. 2d Sess.
---------------------------------------------------------------------------

             Correction of the Journal of Thursday, December 22

        Mr. Snell: Mr. Speaker, I ask unanimous consent to correct the 
    Journal of Thursday, December 22, and also the permanent Record of 
    that same day by inserting in the same a record of the proceedings 
    on a roll call on the motion to recommit made by the gentleman from 
    Illinois [Mr. De Priest] in connection with the Interior Department 
    appropriation bill.
        The Speaker: The gentleman from New York asks unanimous consent 
    that the Journal and the permanent Record of last Thursday's 
    proceedings be corrected so as to include the roll call on the 
    motion to recommit the Interior Department appropriation bill.
        Mr. Snell: And pending that I would like to make a brief 
    statement. I want to say that I have found an exact precedent, 
    entirely on all fours with the situation which arose in the House 
    last Thursday.
        These proceedings took place under another distinguished 
    Democratic Speaker, the Hon. Champ Clark, and the Hon. Claude 
    Kitchin as majority leader, and show that we were correct in the 
    position that we took on this side of the House last Friday. 
    Therefore I think they ought to go in the Record at this time in 
    order to clear up any situation of a like nature that may arise in 
    the future.
        This situation arose on February 3, 1919. The gentleman from 
    Rhode Island, Mr. O'Shaunessy, made a motion to suspend the rules 
    and pass a bill that had to do with the salaries of the Federal 
    judges in Rhode Island. After the motion and some debate I will 
    read from the Record:

            The Speaker: The question is on suspending the rules and 
        passing the bill.
            The question was taken.
            The Speaker: In the opinion of the Chair two-thirds----
            Mr. Walsh: Mr. Speaker, I make the point of order that 
        there is no quorum present.
            The Speaker: The gentleman from Massachusetts makes the 
        point that there is no quorum present, and evidently there is 
        not. The Doorkeeper will close the doors, the Sergeant at Arms 
        will notify the absentees, and the Clerk will call the roll. 
        The question is on suspending the rules and passing the bill.
            The question was taken; and there were--yeas 113, nays 96, 
        answered ``present'' 4, not voting 216.

        Then the names of those voting ``yea,'' those voting ``nay,'' 
    and those not voting appear in the Record.

[[Page 3527]]

        Mr. Kitchin: I move that the House do now adjourn.

        The motion was agreed to and the House adjourned.
        Now, that is exactly on all fours with the situation in the 
    House last week. I may say also that the Journal is the same as the 
    Record, except that the names of the absentees are not recorded in 
    the Journal. I think, Mr. Speaker, it is proper that this request 
    should be granted, and I understand that my request is acquiesced 
    in by the majority leader.
        Mr. Rainey: Mr. Speaker, reserving the right to object, I think 
    the Speaker's interpretation of the rule is absolutely correct. If 
    the rule is not plain enough to carry out the suggestions of the 
    Speaker, I think it ought to be made so. The rule may need some 
    clarifying in the next Congress. I see no objection to publishing 
    these names. I hope there will be no objection to the request of 
    the gentleman from New York.
        The Speaker: Is there objection to the request of the gentleman 
    from New York [Mr. Snell]?
        There was no objection.
        The Speaker: The Chair asks unanimous consent of the House that 
    the Speaker be permitted to extend his remarks concerning this 
    question. Is there objection?
        There was no objection.
        The Speaker: The Chair in ruling on this question on Friday 
    last stated his views relative to the construction to be placed on 
    the provisions of clause 4 of Rule XV. The Chair has since that 
    time given additional thought to the question raised by the 
    gentleman from Michigan [Mr. Mapes]. It seems to the Chair that the 
    language embodied in the last sentence of clause 4 of Rule XV, to 
    wit, ``If the House adjourns, all proceedings under this section 
    shall be vacated,'' should not be disregarded. The present occupant 
    of the chair endeavored to ascertain what that language could mean 
    with respect to the rule now under consideration. The Chair 
    believes that without the language, ``And if the House adjourns, 
    all proceedings under this section shall be vacated,'' the vote 
    would have been void if a quorum failed on the vote. So that if the 
    purpose of the language was merely to void the vote it was 
    unnecessary. The Chair can not conceive of superfluous language 
    being placed in any rule, and the Chair in this instance certainly 
    does not think the above-quoted language is superfluous. Now, if 
    the Chair is correct so far in his interpretation of the rule, the 
    Chair will pursue the subject further. If the language is not 
    necessary in order to void the vote where a quorum fails, then it 
    must mean that the record of the proceedings is vacated and made of 
    no effect, and consequently has no place in the Journal. In that 
    connection the Chair may state that it has been the uniform 
    practice in the past not to include in the Journal the proceedings 
    whereby a certain action of the House has been vacated when the 
    request to vacate occurs on the same day that the action sought to 
    be vacated occurred. For instance, where the House passes a bill on 
    a certain day and later on during the same day a Member requests 
    that the proceedings whereby the bill has been engrossed, read a 
    third time, and passed be vacated in order that an amendment may be 
    placed in the bill, and such request is

[[Page 3528]]

    granted and the amendment is then adopted, the bill engrossed and 
    read a third time and passed, the Journal does not show the 
    proceedings whereby the original action was vacated, but merely 
    shows that the bill was considered, amended, engrossed, read a 
    third time, and passed. In other words, the Journal shows the final 
    action and not the incidental things that occur in consummating 
    that action. The Chair thinks that that is an analogous case and 
    that the same reasoning should apply in the question that has 
    arisen.
        The Chair in making this statement does not want it interpreted 
    as meaning that he is in sympathy with the legal construction he 
    has placed on the rule. The present occupant of the chair has 
    always been in favor of giving the widest publicity to all the 
    proceedings of government. The Chair wants it distinctly understood 
    that he has ruled only on the legal aspects of the question. The 
    Chair is not in sympathy with any rule that tends to make secret 
    any governmental proceedings, but the Chair can not permit the 
    merits of a particular rule to influence him in the legal 
    construction of it. The Chair makes this statement merely to 
    explain the reasons governing the Chair in the making of his ruling 
    on last Friday. The House by agreeing to the request of the 
    gentleman from New York [Mr. Snell] has indicated that its 
    interpretation of the rule is such as to permit the publication of 
    the proceedings in the Journal as well as the Record.

                                The Journal

        The Speaker: Without objection, the Journal of the proceedings 
    of Thursday, December 22, 1932, will be approved.
        There was no objection.
        The Speaker: The Clerk will read the Journal of Friday, 
    December 23, 1932.
        Mr. Mapes: Mr. Speaker, before that is done may I rise to a 
    parliamentary inquiry?
        The Speaker: Certainly. The gentleman will state it.
        Mr. Mapes: In connection with the proceedings relating to the 
    correction of Thursday's Journal. Inasmuch as the unanimous consent 
    of the minority leader has been agreed to, the Record of last 
    Thursday will be corrected accordingly, but in view of the 
    statement of the majority leader, it seems to me that the situation 
    is left in a somewhat indefinite condition so far as the 
    interpretation of the rule is concerned, and what the duty of the 
    Journal clerk may be in similar cases arising in the future. I 
    think it would be interesting to have the decision of the Speaker 
    in respect to that. Suppose the same situation should develop to-
    day, for instance.
        The Speaker: The Chair would carry out the will of the House as 
    expressed to-day in the proceedings.
        Mr. Mapes: That is, that the full proceedings would be 
    incorporated in the Journal?
        The Speaker: Yes. If the same question arises again, the names 
    will be included in the Journal and the Record.

Sec. 2.23 During a quorum call under Rule XV clause 2(a),(8) 
    the Speaker has no authority to entertain a unanimous-
---------------------------------------------------------------------------
 8. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

[[Page 3529]]

    consent request to vacate proceedings under the call.

    On Oct. 18, 1972,(9) during consideration of a 
conference report on S. 3939, the Federal-aid Highway Act, and the day 
on which the House adjourned sine die, Speaker Carl Albert, of 
Oklahoma, responded to a unanimous-consent request to vacate a call of 
the roll.
---------------------------------------------------------------------------
 9. 118 Cong. Rec. 37199, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John T.] Myers [of Indiana]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker: The Chair will count. One hundred twelve Members 
    are present, not a quorum.
        Mr. [Thomas P.] O'Neill Jr. [of Massachusetts]: Mr. Speaker, I 
    move a call of the House.
        A call of the House was ordered.
        Mr. [Wilbur D.] Mills of Arkansas: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Mills of Arkansas: Mr. Speaker, will the Speaker entertain 
    a unanimous-consent request that the call of the roll be vacated.
        The Speaker: The Speaker does not have that authority under the 
    Constitution.
        If there are any Members in the Chamber who have not answered 
    and the Speaker can identify them, he will have them recorded. The 
    Speaker does have that authority, but he does not know of any such 
    Members.

Automatic Call After Vacating Passage of Bill

Sec. 2.24 The House, having passed a bill by voice vote, vacated the 
    proceedings by unanimous consent; the question on passage was again 
    put and a quorum not being present, a roll call was automatic under 
    Rule XV clause 4.(10)
---------------------------------------------------------------------------
10. House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Oct. 5, 1962,(11) during consideration of S. 1447, to 
amend the Teachers' Salary Act for the District of Columbia, an 
automatic roll call was held.
---------------------------------------------------------------------------
11. 108 Cong. Rec. 22649, 22650, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: (12) The question is on the committee 
    amendment.
---------------------------------------------------------------------------
12. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        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.
        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.

[[Page 3530]]

        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.
        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.

        Mr. Fulton: Mr. Speaker----
        The Speaker: For what purpose does the gentleman from 
    Pennsylvania rise?
        Mr. Fulton: I object to the vote on the ground that a quorum is 
    not present and make the point of order that a quorum is not 
    present.
        The Speaker: The Chair will count.
        Does the gentleman insist upon his point of order?
        Mr. Fulton: Yes, Mr. Speaker.
        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

Senate Precedents

Sec. 2.25 The Presiding Officer of the Senate, as a Member of that 
    body, may suggest the absence of a quorum.

    On July 16, 1965,(13) the authority of the Presiding 
Officer was discussed.

        Mr. [Spessard L.] Holland [of Florida]: Mr. President, will the 
    Senator yield?
        Mr. [Wayne L.] Morse [of Oregon]: I yield.
        Mr. Holland: Is it not a fact, although not frequently 
    practiced, that the Presiding Officer of the Senate, in the event 
    of an emergency or for any reason satisfactory to himself, can 
    suggest the absence of a quorum?
---------------------------------------------------------------------------
13. 111 Cong. Rec. 17103, 17104, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Morse: Yes; that is another procedure that may be followed. 
    I am not critical because it was not followed. I am only pointing 
    out, for precedential

[[Page 3531]]

    reference, that either procedure would have prevented the situation 
    that developed.
        Mr. Holland: Mr. President, will the Senator yield further?
        Mr. Morse: I yield to the Senator from Florida.
        Mr. Holland: I am not making my comments in criticism of 
    anyone. I was in the Senate a long time before I knew that a 
    Senator when acting as the Presiding Officer of the Senate could 
    suggest the absence of a quorum. I wanted to bring that point into 
    the debate so that it will be clearly apparent for all Senators who 
    have the onerous duty of presiding at embarrassing times to 
    themselves. That is a well settled rule, as I understand, and if 
    the Presiding Officer and the Senator from Oregon will yield, I 
    should like to address a parliamentary inquiry to have that point 
    incorporated in the Record.
        The Presiding Officer: (~14) The Senator from 
    Florida is correct.
---------------------------------------------------------------------------
14. Daniel K. Inouye (Hawaii).
---------------------------------------------------------------------------

        Mr. Holland: Will the Chair restate that ruling?
        The Presiding Officer: The Presiding Officer, as a Member of 
    the Senate, may suggest the absence of a quorum at an appropriate 
    time.
        Mr. Holland: I thank the Chair.

Sec. 2.26 When the Senate convenes following an adjournment taken in 
    the absence of a quorum, the first order of business is the 
    establishment of a quorum and the Presiding Officer directs the 
    roll to be called.

    On Sept. 23, 1968,(15) a quorum was established.
---------------------------------------------------------------------------
15. 114 Cong. Rec. 27814, 27815, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

                              Call of the Roll

        The President Pro Tempore,(~1) The Senate having 
    adjourned on Friday, September 20, 1968, in the absence of a 
    quorum, the clerk will call the roll to ascertain the presence of a 
    quorum.
---------------------------------------------------------------------------
 1. Carl Hayden (Ariz.).
---------------------------------------------------------------------------

        The bill clerk called the roll, and the following Senators 
    answered to their names. . . .
        The Presiding Officer: (2) A quorum is not present.
---------------------------------------------------------------------------
 2. Howard W. Cannon (Nev.).
---------------------------------------------------------------------------

        Mr. [Michael J.] Mansfield [of Montana]: Mr. President, I move 
    that the Sergeant at Arms be directed to request the attendance of 
    absent Senators.
        The Presiding Officer: The question is on agreeing to the 
    motion of the Senator from Montana.
        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.
        After some delay, the following Senators entered the Chamber 
    and answered to their names: . . .
        The Presiding Officer: A quorum is present.

Sec. 2.27 The Senate having recessed in the absence of a quorum, the 
    Vice President directed a quorum call when the Senate reconvened.

    On July 28, 1962,(3) Vice President Lyndon B. Johnson, 
of Texas,
---------------------------------------------------------------------------
 3. 108 Cong. Rec. 14952, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3532]]

ordered a quorum call after the Senate reconvened following a recess.

        The Senate met at 10 o'clock a.m., on the expiration of the 
    recess, and was called to order by the Vice President. . . .

                              Call of the Roll

        The Vice President: The Senate having taken a recess last night 
    in the absence of a quorum, no business can be transacted until a 
    quorum is present.
        The clerk will therefore call the roll for the purpose of 
    developing a quorum.
        The legislative clerk called the roll; and the following 
    Senators answered to their names: . . .

Sec. 2.28 Where the Senate recesses over the weekend because of lack of 
    a quorum, the Vice President at the next meeting of that body 
    causes the roll to be called to secure a quorum.

    On Mar. 7, 1938,(4) Vice President John N. Garner, of 
Texas, commented on the procedure following a recess.
---------------------------------------------------------------------------
 4. 83 Cong. Rec. 2903, 2904, 75th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Vice President: The Chair has examined the Record and finds 
    that when the Senate took a recess on Friday last no quorum was 
    present. The Chair, therefore, thinks it is his duty to direct the 
    clerk to call the roll for the purpose of securing a quorum, for 
    the Senate begins now just where it left off last Friday.
        The Chief Clerk called the roll, and the following Senators 
    answered to their names: . . .
        The Vice President: Eighty-six Senators have answered to their 
    names. A quorum is present.


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 3. The Chair's Count; Names Included on Calls

    Following the historic decision of Speaker Thomas B. Reed, of 
Maine, in 1890,(5) the House adopted Rule XV clause 
3,(6) which provides that on the demand of any Member or at 
the suggestion of the Speaker, those Members present in the Hall of the 
House who do not vote may nevertheless be counted in determining the 
presence of a quorum; moreover, under Rule XV clause 4,(7) 
the Speaker, in determining the presence of a quorum, is au
---------------------------------------------------------------------------
 5. Speaker Reed directed the Clerk to enter on the Journal as part of 
        a yea and nay vote the names of Members who were present but 
        did not vote, thereby establishing a quorum of record. 4 Hinds' 
        Precedents Sec. 2895.
 6. House Rules and Manual Sec. 772 (1979); see 4 Hinds' Precedents 
        Sec. 2905 for a discussion of adoption of this clause.
 7. House Rules and Manual Sec. 773 (1979). See also Sec. 3.9, infra.
---------------------------------------------------------------------------

[[Page 3533]]

thorized to include Members who do not vote. In practice, the Speaker 
counts all Members he can see, including those leaving the Chamber 
(8) and those behind the railing.(9)
---------------------------------------------------------------------------
 8. Sec. 3.5, infra.
 9. Sec. 3.6, infra.
---------------------------------------------------------------------------

Inclusion on the Roll

Sec. 3.1 Parliamentarian's Note: Where a Representative-elect dies 
    before the House convenes, his name is included on the roll call by 
    states to establish a quorum [and on subsequent calls] until the 
    House is informed of his death.

    On Jan. 10, 1967,(10) the name of Representative-elect 
John E. Fogarty, of Rhode Island, who had died in his office shortly 
before the House was to convene on Jan. 10, was included on the call of 
the states to establish a quorum since his certificate of election was 
on file with those of the other Members-elect. Following this roll 
call, the Clerk announced the death to the House and Representative-
elect Fogarty's name was removed from subsequent calls.
---------------------------------------------------------------------------
10.  113 Cong. Rec. 11, 12, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk: Representatives-elect to the 90th Congress, pursuant 
    to the 20th amendment of the Constitution and to Public Law 89-704 
    of the 89th Congress, this is the day fixed for the meeting of the 
    90th Congress.
        As the law directs, the Clerk of the House has prepared the 
    official roll of the Representatives-elect.
        Credentials covering the 435 seats in the 90th Congress have 
    been received and are now on file with the Clerk of the 89th 
    Congress.
        The names of those persons whose credentials show they were 
    regularly elected in accordance with the laws of the several States 
    and of the United States will be called; and as the roll is called, 
    following the alphabetical order of the States, beginning with the 
    State of Alabama, Representatives-elect will answer to their names 
    to determine whether or not a quorum is present.
        The reading clerk will call the roll.
        The Clerk called the roll by States and the following 
    Representatives-elect answered to their names: . . .
        [Parliamentarian's Note: The name of Fogarty was called when 
    the Clerk reached the state of Rhode Island in the call.]
        The Clerk: The rollcall discloses that 434 Representatives-
    elect have answered to their names.
        A quorum is present. . . .

               Vacancy in the Second District of Rhode Island

        The Clerk: The Clerk also wishes to announce there is a vacancy 
    in the Second District of Rhode Island occasioned by the recent 
    death of the Honorable John E. Fogarty.

Sec. 3.2 During a call of the roll by states to determine the

[[Page 3534]]

    presence of a quorum at the opening of a Congress, the Clerk 
    announced receipt of the Proclamation of Alaskan Statehood and 
    directed that names of Members-elect from Alaska be called.

    On Jan. 7, 1959,(11) at the commencement of the 86th 
Congress, the Member from Alaska was included in the roll call by 
states after the proclamation of statehood was announced.
---------------------------------------------------------------------------
11. 105 Cong. Rec. 11, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

                              Call of the Roll

        The Clerk: Representatives-elect of the 86th Congress, this is 
    the day fixed by law, pursuant to the Constitution of the United 
    States, for the meeting of the 86th Congress and, as the law 
    directs, the Clerk of the House has prepared the official roll of 
    the Representatives-elect. Certificates of election covering the 
    436 seats in the 86th Congress have been received and are now on 
    file with the Clerk of the 85th Congress. The names of those 
    persons whose credentials show they were regularly elected in 
    accordance with the laws of the several States and of the United 
    States will be called.
        As the roll is called, following the alphabetical order of the 
    States, beginning with the State of Alabama, Representatives-elect 
    will answer to their names to determine whether a quorum is 
    present.
        The reading clerk will call the roll by States.
        The reading clerk called the roll by States, and the following 
    Representatives-elect answered to their names: . . .
        The Clerk: A certified copy of the Presidential proclamation 
    indicating that the Territory of Alaska has qualified as a State 
    pursuant to provisions of law has been received.
        The clerk will proceed.

                                   Alaska

        Rivers, Ralph J. (at large) . . .

Sec. 3.3 Parliamentarian's Note: Members-elect, elected to fill 
    vacancies occurring in the first session, are not included on the 
    roll call to ascertain the presence of a quorum when the second 
    session convenes; their names are included on the roll only after 
    their certificates of election have been laid before the House and 
    the oath has been administered to them.

    On Jan. 10, 1966,(12~) the Clerk omitted the names of 
Members-elect on the first call of the House.
---------------------------------------------------------------------------
12. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

        The Speaker Pro Tempore: (13) The Clerk will call 
    the roll to ascertain the presence of a quorum.
---------------------------------------------------------------------------
13. Carl Albert (Okla.).
---------------------------------------------------------------------------

    The Clerk called the roll, omitting the names of Members-elect

[[Page 3535]]

Clarence J. Brown, Jr., of Ohio, and Thomas M. Rees, of California. 
Following presentation of their certificates of election, the Member 
select took the oath.

                           Swearing in of Members

        Mr. Clarence J. Brown, Jr., and Mr. Rees appeared at the bar of 
    the House and took the oath of office.

Who Is Counted

Sec. 3.4 In determining the presence of a quorum, the Chair counts 
    Members present but not voting.

    On Aug. 13, 1940,(14) Speaker William B. Bankhead, of 
Alabama, counted Members who were present but had not voted on a 
division.
---------------------------------------------------------------------------
14. 86 Cong. Rec. 10257, 10258, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, I move 
    the previous question on the resolution [H. Res. 406, providing for 
    consideration of H.R. 8157, a bill to establish a national land 
    policy and provide homesteads free of debt for actual farm 
    families].

        The previous question was ordered.
        The Speaker: The question is on agreeing to the resolution.
        The question was taken; and there were on a division (demanded 
    by Mr. Colmer)--ayes 47, noes 123.
        Mr. [Knute] Hill [of Washington]: Mr. Speaker, I object to the 
    vote on the ground there is not a quorum present.
        The Speaker: The Chair will count. [After counting.] Two 
    hundred and thirty-five Members are present--a quorum.
        Mr. [Hugh] Peterson of Georgia: Mr. Speaker, I ask for the yeas 
    and nays.
        The yeas and nays were refused.
        So the resolution was rejected.

Sec. 3.5 In counting for a quorum in Committee of the Whole, the Chair 
    counts all Members visible in the Chamber, even though they may be 
    in the process of leaving the Chamber.

    On Apr. 25, 1963,(1~5) during consideration in the 
Committee of the Whole of H.R. 4997, a bill to extend the Feed Grains 
Act, the Chair, James C. Wright, Jr., of Texas, counted all Members who 
were visible.
---------------------------------------------------------------------------
15. 109 Cong. Rec. 7116, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Robert T.] Stafford [of Vermont]: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: The Chair will count.
        Mr. [Paul C.] Jones of Missouri: Mr. Chairman, a parliamentary 
    inquiry.
        The Chairman: The gentleman will state it.
        Mr. Jones of Missouri: Will the Chair state whether the Chair 
    is counting those Republicans who went back in the cloakroom?

[[Page 3536]]

        The Chairman: The Chair will respond to the inquiry, which is 
    not a parliamentary inquiry, that he is counting Members as they 
    leave the Chamber.
        The Chair counts 102 Members present, a quorum.

Sec. 3.6 In determining the presence of a quorum, the Chair counts all 
    Members visible, including those behind the railing.

    On July 10, 1958,(16) Members behind the railing were 
counted for purposes of determining the presence of a quorum
---------------------------------------------------------------------------
16. 104 Cong. Rec. 13382, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (17) The question is on 
    suspending the rules and passing the bill.
---------------------------------------------------------------------------
17. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The question was taken; and the Speaker pro tempore announced 
    that in his opinion two-thirds had voted in the affirmative.
        Mr. [H. R.] Gross [of Iowa]: 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.
        The Speaker Pro Tempore: The Chair will count. [After 
    counting.] One hundred and ninety-nine Members are present, not a 
    quorum.
        Mr. [Noah M.] Mason [of Illinois]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Mason: Under the rules of the House, is it proper to count 
    Members who are behind the railing?
        The Speaker Pro Tempore: The Chair has made the count and the 
    Chair's count will not be disputed.
        Mr. Mason: Mr. Speaker, I am not questioning the count. I am 
    just asking whether it is proper and in order to count those behind 
    the railing.
        The Speaker Pro Tempore: In response to the gentleman's 
    inquiry, the Chair may and the present occupant of the chair will 
    always, when he is in the chair, count any Member who is visible 
    and in the Chamber.

Sec. 3.7 When a quorum does not appear, the Speaker may order the Clerk 
    to call his name and cast a vote to make a quorum.

    On occasion, after waiting for a quorum to appear, the Speaker has 
cast his vote to make a quorum.
    For example, on Oct. 20, 1966,(18) during an automatic 
roll call while Conference Report No. 2327 on H.R. 13103, the Foreign 
Investors Tax Act of 1966, was being considered, the Speaker, John W. 
McCormack, of Massachusetts, voted to make a quorum.(19)
---------------------------------------------------------------------------
18. 112 Cong. Rec. 28254, 28255, 89th Cong. 2d Sess.
19. See also, for example, 89 Cong. Rec. 9478, 78th Cong. 1st Sess., 
        Nov. 13, 1943 (roll call); 89 Cong. Rec. 769, 78th Cong. 1st 
        Sess., Feb. 10, 1943 (count of the House); and 88 Cong. Rec. 
        9116, 9117, 77th Cong. 2d Sess., Nov. 24, 1942 (motion to 
        recommit).

---------------------------------------------------------------------------

[[Page 3537]]

        The Speaker: The question is on agreeing to the conference 
    report.
        The question was taken; and the Speaker announced that the 
    ``ayes'' appeared to have it
        Mr. [Glenn] Cunningham [of Nebraska]: Mr. Speaker, I object to 
    the vote on the ground that a quorum is not present and make the 
    point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.
        The question was taken; and there were--yeas 171, nays 46, not 
    voting [216], as follows: . . .
        The Speaker: The Clerk will call my name.
        The Clerk called the name of Mr. McCormack, and he answered 
    ``yea.''
        So the conference report was agreed to.

Sec. 3.8 The Speaker ordered the tally clerk to record as present a 
    Member whom he observed on the floor although that Member had not 
    responded to his name during a call of the House.

    On the legislative day of Oct. 8, 1968,(20~) Speaker 
John W. McCormack, of Massachusetts, ordered the name of a Member, 
Ogden R. Reid, of New York, to be recorded as present.
---------------------------------------------------------------------------
20. 114 Cong. Rec. 30102, 30103, 30209, 90th Cong. 2d Sess., Oct. 9, 
        1968 (Calendar Day).
---------------------------------------------------------------------------

                             Call of the House

        Mr. [Fletcher] Thompson of Georgia: 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: The Clerk will call the name of the gentleman from 
    New York [Mr. Reid].
        The Clerk: Mr. Reid of New York.
        The Speaker: The Chair observes the gentleman from New York 
    [Mr. Reid] present, and directs that he be recorded as present.
        On this roll call 218 Members have answered to their names, a 
    quorum.

Sec. 3.9 Under Rule XV clause 4 (1) the Speaker has the 
    authority to note the names of Members present but not voting to 
    establish a quorum and decide the pending question.
---------------------------------------------------------------------------
 1. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    As an exercise of this authority, the Speaker, after observing the 
presence of two Members who had not been recorded on an automatic

[[Page 3538]]

roll call being conducted under Rule XV clause 4, directed the Clerk to 
call their names, and, when one Member did not respond, directed the 
Clerk to record him ``present'' in order to establish a quorum and pass 
a joint resolution.
    On Dec. 31, 1970,(2) Speaker John W. McCormack, of 
Massachusetts, observing Members on the floor who did not respond to 
the roll call, ordered the Clerk to call their names.
---------------------------------------------------------------------------
 2. 116 Cong. Rec. 44302, 91st Cong. 2d Sess. Under consideration was 
        H.J. Res. 1421, making further continuing appropriations for 
        fiscal 1971.
---------------------------------------------------------------------------

        The Speaker: The question is on the passage of the joint 
    resolution.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [Sidney R.] Yates [of Illinois]: 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 Speaker: The Chair observes that the gentleman from 
    Wisconsin (Mr. Kastenmeier) is present in the Chamber, and directs 
    the Clerk to call his name.
        Does the gentleman desire to vote? Otherwise, the Clerk will 
    record the gentleman as ``present.''
        Mr. [Robert W.] Kastenmeier: Mr. Speaker, I vote ``nay.''
        The Speaker: The gentleman from Wisconsin votes ``nay.''
        The Chair observes the gentleman from Michigan (Mr. Conyers) is 
    present in the Chamber, and directs the Clerk to call his name.
        Does the gentleman desire to vote? Otherwise, the Clerk will 
    record the gentleman as ``present.''
        Mr. Yates: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The Chair will state that the Chair is about to 
    announce the vote.
        One hundred and eighty Members voting in the affirmative, 37 
    Members in the negative, and one ``present,'' and the Chair being 
    present, making a quorum, the joint resolution is passed.

Who Is Not Counted

Sec. 3.10 In counting for a quorum the Chair may not count Members in 
    the cloakrooms out of sight.

    On Feb. 15, 1950,(3) Speaker Sam Rayburn, of Texas, 
responded to an inquiry with respect to counting Members in the 
cloakrooms.(~4~)
---------------------------------------------------------------------------
 3. 96 Cong. Rec. 1810, 1811, 81st Cong. 2d Sess.
 4. See also 96 Cong. Rec. 3065, 81st Cong. 2d Sess., Mar. 8, 1950. And 
        see 4 Hinds' Precedents Sec. 2970, a 1907 precedent in which 
        the Chairman of the Committee of the Whole counted ``the head 
        of every Member looking out of the cloakrooms that is 
        visible,'' and 8 Cannon's Precedents Sec. 3120, a 1921 
        precedent in which the Speaker pro tempore, after ruling that 
        the Hall of the House included cloakrooms and lobbies adjacent 
        to the Chamber, counted 11 Members who had left the Chamber 
        after the order for a yea and nay vote on a motion to recommit.

---------------------------------------------------------------------------

[[Page 3539]]

        Mr. [Anthony] Cavalcante [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Cavalcante: Under the rules of the House, are the 
    cloakrooms a part of the Hall of the House?
        The Speaker: The Chair cannot count any Members that he cannot 
    see.
        The Chair will count. [After counting.] Evidently there is no 
    quorum present.

Sec. 3.11 After announcing that there was one short of a quorum, the 
    Speaker refused to count a Member who entered the Chamber after the 
    announcement.

    On Dec. 16, 1943,(5) Speaker Sam Rayburn, of Texas, 
refused to count a Member who entered the Chamber subsequent to 
announcement of the result of a roll call.
---------------------------------------------------------------------------
 5. 89 Cong. Rec. 10776, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: . . . The question is on the motion offered by the 
    gentleman from New Mexico that the House recede and concur in the 
    Senate amendment.
        The question was taken; and the Chair being in doubt, the House 
    divided, and there were--ayes 131, noes 63.
        Mr. [Clarence] Cannon of Missouri: Mr. Speaker, I ask for the 
    yeas and nays.
        The yeas and nays were refused.
        Mr. Cannon of Missouri: Mr. Speaker, I make the point of order 
    that a quorum is not present and object to the vote on that ground.
        The Speaker: The Chair will count.
        Mr. Cannon of Missouri: On the announcement of the vote, it 
    appeared that only 194 had voted--22 less than a quorum.
        The Speaker: The gentleman from Missouri must understand that 
    some Members in the House may not have voted. The Chair thinks he 
    must count. [After counting.] Two hundred and fifteen Members are 
    present, lacking one of being a quorum.
        Mr. [Earl R.] Lewis [of Ohio]: Mr. Speaker, I came in while the 
    Chair was announcing the result of the count.
        The Speaker: The Chair had announced that a quorum was not 
    present. Gentlemen coming in after the announcement was made cannot 
    be counted.

Sec. 3.12 A Member may not be recorded on a roll call 
    after the result of the Vote 
    has been announced, even though he could have qualified prior to 
    the announcement.

    On Mar. 29, 1962,(6) Speaker John W. McCormack, of Massa
---------------------------------------------------------------------------
 6. 108 Cong. Rec. 5438, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3540]]

chusetts, refused to permit a Member's vote to be recorded after 
announcement of the result.

                           Personal Announcement

        Mr. [Carroll D.] Kearns [of Pennsylvania]: Mr. Speaker, I was 
    standing behind the rail eulogizing our great Speaker after Drew 
    Pearson's article about him. I was here and qualify and vote ``no'' 
    on the last vote [Roll No. 52].(7)
---------------------------------------------------------------------------
 7. See 108 Cong. Rec. 5432, 5433, 87th Cong. 2d Sess., for this roll 
        call.
---------------------------------------------------------------------------

        The Speaker: The Chair regrets that the gentleman cannot be 
    recorded after the vote has been announced. The gentleman can state 
    for the Record that he would have voted ``no.''

Sec. 3.13 A Member failing to respond on a quorum call may not have 
    himself recorded as present on that call if the House has already 
    agreed to a motion to dispense with further proceedings under the 
    call.

    On Apr. 3, 1935,(8) the Speaker pro tempore, John E. 
Rankin, of Mississippi, made a ruling regarding a Member who arrived 
after the House had agreed to a motion to dispense with further 
proceedings under the call.
---------------------------------------------------------------------------
 8. 79 Cong. Rec. 4925, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: Three hundred and forty-four Members 
    have answered to their names, a quorum.
        Mr. [Edward T.] Taylor of Colorado: Mr. Speaker, I move to 
    dispense with further proceedings under the call.
        The motion was agreed to.
        The doors were opened.
        Mr. [John J.] McSwain [of South Carolina]: Mr. Speaker, I was 
    present and did not hear my name called. I desire to have my name 
    called and to answer ``present.''
        The Speaker Pro Tempore: The request of the gentleman comes too 
    late, but the Record will show that he is here. The gentleman from 
    Texas is recognized for 1 hour.

Quorum Established on Teller Vote

Sec. 3.14 After the Chairman of the Committee of the Whole announced 
    that a quorum was not present, a quorum was established on a teller 
    vote rejecting a motion that the Committee rise.

    On Feb. 28, 1945,(9) during consideration in Committee 
of the Whole of H.R. 2374, the first defense appropriation bill of 
1945, a quorum was established on a teller vote.
---------------------------------------------------------------------------
 9. 91 Cong. Rec. 1576, 1577, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Francis H.] Case of South Dakota: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: (10) The Chair will count. [After 
    counting.] Fifty-eight Members are present, not a quorum.
---------------------------------------------------------------------------
10. John J. Sparkman (Ala.).
---------------------------------------------------------------------------

[[Page 3541]]

        Mr. [Clarence] Cannon of Missouri: Mr. Chairman, I move that 
    the Committee do now rise.
        The Chairman: The question is on the motion offered by the 
    gentleman from Missouri.
        The question was taken; and on a division (demanded by Mr. 
    Cannon of Missouri) there were--ayes 27, noes 52.
        Mr. Cannon of Missouri: Mr. Chairman, I demand tellers.
        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Cannon of Missouri and Mr. Taber.
        The Committee again divided; and the tellers reported that 
    there were--ayes 57, noes 61.
        So the motion was rejected.
        The Chairman: A quorum is present. The gentleman from New York 
    is recognized.

    Parliamentarian's Note: A quorum of the Committee of the Whole is 
not required to adopt a motion to rise but here was required on 
rejecting the motion, in order that the Committee could proceed with 
business.

Verification of Chair's Count by Tellers Not Permitted

Sec. 3.15 In recent practice, the Chair has refused to recognize a 
    demand for tellers to verify his count of a quorum.

    On May 20, 1949,(11) during consideration of H.R. 4591, 
providing for pay, allowances, and physical disability retirement for 
members of the armed forces, the Chair (12) refused to 
appoint tellers.
---------------------------------------------------------------------------
11. 95 Cong. Rec. 6556, 81st Cong. 1st Sess.
12. Oren Harris (Ark.).
---------------------------------------------------------------------------

        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.] One 
    hundred and five Members are present, a quorum.
        Mr. [Carl] Vinson [of Georgia]: Mr. Chairman, I demand tellers.
        The Chairman: The gentleman from Georgia has demanded tellers. 
    The gentleman from Wisconsin made the point of order that a quorum 
    was not present. The Chair counted 105 Members present. At this 
    time there is no question before the House on which tellers can be 
    ordered.

        Mr. Vinson: Mr. Chairman, I make the point of order that a 
    quorum is not present.
        The Chairman: The Chair will count. [After counting.] One 
    hundred and fourteen Members are present, a quorum.

Corrections of Quorum Calls

Sec. 3.16 Where a quorum is established by a call of the roll, the 
    omission of the name of a Member who was present and responded when 
    he was called, can be corrected by unanimous consent of the House 
    but not by an insertion in the Record.

[[Page 3542]]

    On June 28, 1966,(13~) a Member, Lawrence H. Fountain, 
of North Carolina, extended his remarks to correct the Journal and 
Record.
---------------------------------------------------------------------------
13. Cong. Rec. (daily ed.), 89th Cong. 2d Sess. [The proceedings appear 
        in the daily edition only, not in the permanent edition.]
---------------------------------------------------------------------------

        (Mr. Fountain (at the request of Mr. Patten) was granted 
    permission to extend his remarks at this point in the Record and to 
    include extraneous matter.)
        Mr. Fountain: Mr. Speaker, the Record of yesterday's rollcall 
    No. 153 has me recorded as being absent. I was present and so 
    answered to my name. I ask unanimous consent that the Journal be so 
    corrected.
        I ask unanimous consent that the Congressional Record of June 
    27, 1966, be corrected, in that, on rollcall No. 153 I am recorded 
    as absent. I was present and so answered to my name.

    On June 29, 1966,(14) Mr. Fountain asked unanimous 
consent to correct the Journal and Record.
---------------------------------------------------------------------------
14. Cong. Rec. (daily ed.), 89th Cong. 2d Sess. [The proceedings appear 
        in the daily edition only, not in the permanent edition.]
---------------------------------------------------------------------------

        Mr. Fountain: Mr. Speaker, on rollcall No. 153, a quorum call, 
    on June 27, 1966, I am recorded as being absent. I was present in 
    the Chamber and answered to my name. I ask unanimous consent that 
    the Journal and permanent Record be corrected accordingly.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from North Carolina?
        There was no objection.

    Parliamentarian's Note: Insertion of remarks in the Record, by 
unanimous consent, reciting an error in a quorum call, does not 
constitute consent of the House to effect a change of the Record or 
Journal.

Sec. 3.17 The correction of a roll call, by unanimous consent, is 
    ``business'' of the House.

    On Oct. 8, 1968,(15) Speaker pro tempore Carl Albert, of 
Oklahoma, determined that a correction of a roll call by unanimous 
consent constitutes ``business'' of the House.(1)~
---------------------------------------------------------------------------
15. 114 Cong. Rec. 30224, 90th Cong. 2d Sess.
 1. Parliamentarian's Note: The request to correct the roll call (the 
        bracketed excerpt) by a Member [Sidney R. Yates (Ill.)] 
        appeared in the daily edition of the Record [Cong. Rec. (daily 
        ed.), 90th Cong. 2d Sess.] but does not appear in the permanent 
        edition which carried the roll call as corrected.
---------------------------------------------------------------------------

        [Mr. Yates: Mr. Speaker, on rollcall No. 379, which took place 
    early this morning, a quorum call, I am recorded as absent. I was 
    present and answered to my name. I ask unanimous consent that the 
    permanent Record be corrected accordingly.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Illinois?
        There was no objection.]

[[Page 3543]]

                             Call of the House

        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker Pro Tempore: The gentleman from Ohio makes the 
    point of order that a quorum is not present.
        Mr. [Brock] Adams [of Washington]: A point of order, Mr. 
    Speaker. There has been no intervening business since the rollcall 
    on the resolution which indicated a quorum.
        The Speaker Pro Tempore: The Chair will state that the 
    gentleman is in error, since we have had a correction of a 
    rollcall.
        The gentleman from Ohio makes the point of order that a quorum 
    is not present. Evidently a quorum is not present.
        Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Speaker, I move a call 
    of the House.
        A call of the House was ordered.

Chair's Responsibility to Count all Members

Sec. 3.18 Instance where the Speaker recounted the House where Members 
    were missed on the first count. After the Speaker announced the 
    absence of a quorum, he counted the House again, on the statement 
    of a Member that more Members had entered the Chamber during the 
    first count, thus establishing a quorum.

    On May 23, 1939,(2) Speaker William B. Bankhead, of 
Alabama, recounted the House after being advised that a quorum was 
present.
---------------------------------------------------------------------------
 2. 84 Cong. Rec. 6004, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Charles R.] Clason [of Massachusetts]: Mr. Speaker, I make 
    the point of order there is not a quorum present.
        The Speaker: The gentleman from Massachusetts makes the point 
    of order that there is no quorum present. The Chair will count. 
    [After counting.] Two hundred and thirteen Members are present, not 
    a quorum.
        Mr. Clason and Mr. Woodrum of Virginia rose.

        Mr. Clason: Mr. Speaker, I withdraw the point of order in view 
    of the large number that are present.
        The Speaker: Under the circumstances, the Chair is not 
    authorized to recognize the gentleman inasmuch as the Chair had 
    already announced no quorum present. A constitutional question is 
    raised.
        Mr. [Clifton A.] Woodrum of Virginia: Mr. Speaker, five or six 
    more came in over here.
        The Speaker: Were these gentlemen here present when the Chair 
    was counting?
        Were the gentlemen in the rear of the hall who are holding up 
    their hands not present when the Chair counted a moment ago?
        The Chair will count the present membership again. [After 
    counting.] Two hundred and twenty-seven Members are present, a 
    quorum.

[[Page 3544]]

Senate Precedent

Sec. 3.19 To decide whether one-fifth of the Senators have seconded a 
    demand for the yeas and nays, the Chair may assume that a quorum is 
    present using as a basis for his determination the number who 
    answered to their names on the last roll call.

    On May 8, 1936,(3) during consideration of H.R. 12527, 
the Navy appropriation bill, the Presiding Officer, Kenneth D. 
McKellar, of Tennessee, ruled on a request for the yeas and nays.
---------------------------------------------------------------------------
 3. 80 Cong. Rec. 6901, 6902, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Presiding Officer: The Senator from North Dakota asks for 
    the yeas and nays on the adoption of the amendment.
        The yeas and nays were not ordered.
        The Presiding Officer: The question is upon agreeing to the 
    amendment.
        Mr. [Elmer A.] Benson [of Minnesota] obtained the floor.
        Mr. [David I.] Walsh [of Massachusetts]: Mr. President, what 
    was the ruling on the request for the yeas and nays?
        Mr. [Lynn J.] Frazier [of North Dakota]: That is what I wish to 
    know.
        The Presiding Officer: The ruling was that the yeas and nays 
    were not ordered, as only five Members held up their hands.
        Mr. Frazier: That is more than one-fifth of those present.
        Mr. Walsh: I suggest that the request be resubmitted, and I am 
    sure it will be granted.
        Mr. Frazier: I appeal from the ruling of the Chair, because 
    five Members held up their hands, and I believe that is more than 
    one-fifth of the number present.
        The Presiding Officer: Of course, the Chair assumes that a 
    quorum is present.
        Mr. [Tom T.] Connally [of Texas]: Mr. President, a point of 
    order.
        The Presiding Officer: The Senator will state it.
        Mr. Connally: I submit that five is not one-fifth of those 
    present, because presumptively there is a quorum present.
        The Presiding Officer: The Senator is correct about that.
        Mr. Connally: Therefore, since 5 is not 20 percent of 49, the 
    call of the yeas and nays is not in order.
        Mr. [Charles L.] McNary [of Oregon]: Mr. President, no 
    presumption whatsoever is indulged in a case of this kind.
        The Presiding Officer: The present occupant of the chair is 
    advised by the parliamentarian that it is.
        Mr. McNary: I disagree with the parliamentarian. That is not 
    correct practice and it has never been followed. The number 
    necessary to order the yeas and nays is one-fifth of those present, 
    and it is the duty of the Chair to count the number present.
        The Presiding Officer: The Chair will state that the custom has 
    been to go back to the last roll call. On the last roll call 69 
    Senators were present, and 5 is not one-fifth of 69; so the ruling 
    of the Chair will stand.

[[Page 3545]]

        Mr. Connally: On the point of order that there must be a demand 
    by one-fifth of those present in order to secure a yea and nay 
    vote, I desire to set down in the Record my own view, without 
    speaking for anyone other than myself.
        I state as a matter of fundamental parliamentary law, whether 
    there is any rule on the question or not, that the presumption 
    always exists that there is a quorum present in the Senate unless a 
    point of no quorum is made and the Senate by having the roll call 
    determines that there is not a quorum present. Therefore, when a 
    demand is made for the yeas and nays, unless one fifth of the 
    presumptive quorum present hold up their hands, the Chair is under 
    no compulsion to order the roll called for a yea and nay vote.
        The Presiding Officer: The Chair has so held.

    Parliamentarian's Note: In the House, the Speaker counts the House 
anew after counting those standing to demand the yeas and nays.


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 4. Calls by Electronic Device; Time Allowed for Attendance

    Under authority granted by section 121 of the Legislative 
Reorganization Act of 1970,(4) permitting use of electronic 
equipment to record names of Members voting or present, the House on 
Oct. 13, 1972,(5) approved a privileged resolution from the 
Committee on Rules (H. Res. 1123) which amended Rules I, VIII, XV, and 
XXIII. The resolution provided for a 15-minute minimum procedure for a 
recording of quorum calls in the House and Committee of the Whole by 
electronic device at the discretion of the Chair; a ``backup'' 
electronic procedure for recorded teller votes; and nonelectronic 
quorum calls to be conducted by clerk tellers in lieu of calling the 
roll.
---------------------------------------------------------------------------
 4. Pub. L. No. 91-510, 84 Stat. 1140.
 5. See 118 Cong. Rec. 36005--12, 92d Cong. 2d Sess., for the 
        consideration and vote.
---------------------------------------------------------------------------

                            Cross Reference
 Voting, Ch. 30, infra.

                          Collateral Reference
    Committee on House Administration, The Electronic Voting System for 
the United States House of Representatives, 92d Cong. 1st Sess. 
(1972).                          -------------------

In General

Sec. 4.1 The Speaker may direct that a call of the House be conducted 
    by an alphabetical call of the roll by the Clerk, notwithstanding 
    the requirement of Rule XV clause 2(b) (6) that quorum 
    calls be
---------------------------------------------------------------------------
 6. See House Rules and Manual Sec. 771b (1979).
---------------------------------------------------------------------------

[[Page 3546]]

    conducted by clerk-tellers where the Chair is unable to utilize the 
    electronic device.

    On Mar. 7, 1973,(7) Speaker Carl Albert, of Oklahoma, 
directed that a call of the House be conducted.
---------------------------------------------------------------------------
 7. 119 Cong. Rec. 6699, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair would like to make an announcement.
        The Chair has been advised that the electronic voting system is 
    at the present time not operable.

        Until further notice, therefore, all votes and quorum calls 
    will be taken by the standby procedures which are provided in the 
    rules. . . .
        Mr. [Leslie C.] Arends [of Illinois]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. [Thomas P.] O'Neill [Jr., of Massachusetts]: 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 379 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

    Parliamentarian's Note: Rule XV clause 1,(8) authorizes 
the Chair to direct the alphabetical call of the roll on ``every roll 
call'' unless the Chair, in his discretion under clause 5 utilizes the 
electronic device, but clause 5,(9) distinguishes between 
``roll calls'' and ``quorum calls,'' and clause 2(b) permits ``calls of 
the House'' to be had by clerks where the electronic device is not 
utilized.
---------------------------------------------------------------------------
 8. See House Rules and Manual Sec. 765 (1979).
 9. Id. at Sec. 774b.
---------------------------------------------------------------------------

Sec. 4.2 Pursuant to Rule XV clauses 4 and 5,(10) the 
    Speaker may, in his discretion, direct the Clerk to call the roll 
    (in lieu of taking the vote by electronic device) where a quorum 
    fails to vote on any question and objection is made for that 
    reason.
---------------------------------------------------------------------------
10. See House Rules and Manual Sec. Sec. 773, 774b (1979).
---------------------------------------------------------------------------

    On May 16, 1973,(1) during consideration of H.R. 5777, 
the Hobby Protection Act, Speaker Carl Albert, of Oklahoma directed the 
Clerk to call the roll.
---------------------------------------------------------------------------
 1. 119 Cong. Rec. 15860, 15861, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        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.
        Mr. [John W.] Wydler [of New York]: 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 3547]]

        The Speaker: Evidently a quorum is not present.
        The electronic voting device apparently is not operating 
    properly.
        The Sergeant at Arms will notify absent Members, and the Clerk 
    will call the roll.

Sec. 4.3 On a call of the House conducted by electronic device pursuant 
    to Rule XV clause 5,(2) Members are permitted a minimum 
    of 15 minutes to respond [and at the expiration of such time it is 
    within the discretion of the Chair to allow additional time for 
    Members to record their presence before announcing the result].
---------------------------------------------------------------------------
 2. See House Rules and Manual Sec. 774b (1979).
---------------------------------------------------------------------------

    On June 6, 1973,(3) during discussion of impeachment 
powers of the House, Speaker Carl Albert, of Oklahoma, clarified the 
time limit for calling the roll by electronic device.
---------------------------------------------------------------------------
 3. 119 Cong. Rec. 18402, 18403, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Earl F.] Landgrebe [of Indiana]: Mr. Speaker, this is a 
    very important matter being discussed. I do not believe there is a 
    quorum in the House. I make the point of order that a quorum is not 
    present.
        The Speaker Pro Tempore: (4) The Chair will count.
---------------------------------------------------------------------------
 4. Romano L. Mazzoli (Ky.).
---------------------------------------------------------------------------

        Sixty Members being present in the Chamber, a quorum is not 
    present.
        Mr. [John J.] McFall [of California]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The call was taken by electronic device, and the following 
    Members failed to respond: . . .
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, may we have the 
    regular order?
        The Speaker: The regular order is the establishment of a quorum 
    and the rule provides a minimum of 15 minutes for Members to 
    respond. Clause 5 of rule XV states that Members have ``not less 
    than 15 minutes to have their presence recorded.''

Sec. 4.4 Where a motion to adjourn intervenes during a call of the 
    House being conducted by electronic device following the expiration 
    of 15 minutes but prior to the announcement of the result of the 
    call, the quorum call remains in progress upon rejection of the 
    motion to adjourn.

    On June 6, 1973,(5) during discussion of the power of 
impeachment in the House, Speaker Carl Albert, of Oklahoma, ordered 
continuation of a quorum call following defeat of a motion to adjourn.
---------------------------------------------------------------------------
 5. 119 Cong. Rec. 18402, 18403, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John J.] McFall [of California]: Mr. Speaker, I move a 
    call of the House.

[[Page 3548]]

        A call of the House was ordered.
        The call was taken by electronic device, and the following 
    Members failed to respond: . . .
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, may we have the 
    regular order?
        The Speaker: The regular order is the establishment of a quorum 
    and the rule provides a minimum of 15 minutes for Members to 
    respond. Clause 5 of rule XV states that Members have ``not less 
    than 15 minutes to have their presence recorded.''
        Mr. [Joe D.] Waggonner [Jr., of Louisiana]: Mr. Speaker, I move 
    that the House do now adjourn.
        Ms. [Bella] Abzug [of New York]: Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were ordered.
        The vote was taken by electronic device, and there were--yeas 
    9, nays 143, present 1, not voting 279, as follows: . . .
        So the motion to adjourn was rejected.
        The result of the vote was amended as above recorded.
        The Speaker: The order of business is the establishment of a 
    quorum. The House is still in the process of trying to establish a 
    quorum, the motion to adjourn having been rejected. Are there 
    further Members in the Chamber who desire to record their presence?

    Parliamentariarn's Note: Because the Speaker had not announced the 
result of the call of the House (Roll No. 191) at the time Mr. 
Waggonner offered the motion to adjourn, the Speaker announced that the 
call of the House was still open and in progress upon rejection of the 
adjournment motion, and that Members could record their presence 
although they had not been able to return to the floor during the 15-
minute period. Mr. John J. Duncan, of Tennessee, contended the next day 
that the Speaker had no authority to entertain the motion to adjourn 
during the call of the House and prior to his announcement of the 
result of that call (citing 5 Hinds' Precedents Sec. 6053, to the 
effect that a motion to adjourn may not interrupt a call of the yeas 
and nays during the actual call of the roll). If this contention were 
valid, it would give to the Speaker unlimited discretion to keep a 
quorum call open indefinitely by refusing to announce the result (where 
a quorum had not been obtained) and thereby indefinitely refusing to 
entertain a motion to adjourn. See Sec. 8.19, infra, where a motion to 
adjourn was held in order after the conclusion of the second call of 
the roll and prior to announcement by the Chair of the result of the 
call.


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 5. Securing Attendance; Arrests

    The attendance of absent Members may be secured under Rule

[[Page 3549]]

XV clause 4,(6) which provides for an ``automatic'' vote by 
yeas and nays and for the arrest of absent Members by the Sergeant at 
Arms. Under this rule the Sergeant at Arms forthwith proceeds to bring 
in absent Members, whenever a quorum fails to vote, a quorum is not 
present, and objection is made for that cause. Each Member arrested is 
brought by the Sergeant at Arms before the House, discharged from 
arrest, and given an opportunity to vote; his vote is recorded.
---------------------------------------------------------------------------
 6. House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    Presence of Members may also be secured under Rule XV clause 
2(a),(7) which, in the absence of a quorum, authorizes 15 
Members by majority vote (8) to approve a motion to compel 
the attendance of absent Members and a majority of those present may 
then order officers appointed by the Sergeant at Arms to send for and 
arrest absentees for whom no excuse is made. Members whose attendance 
has been secured in this manner are detained until discharged on 
conditions determined by the House.
---------------------------------------------------------------------------
 7. House Rules and Manual Sec. 768 (1979). Beginning with the 95th 
        Congress, this clause must be read in conjunction with the new 
        clause 6(e)(2) of this rule, which permits the Speaker to 
        recognize for a motion for a call of the House at any time.
 8. See annotation to Rule XV clause 2(a), House Rules and Manual 
        Sec. Sec. 768, 769 (1979); and 4 Hinds' Precedents Sec. 2984, 
        which provide that because the call of the House must be 
        ordered by majority vote, a minority of 15 will not suffice.
---------------------------------------------------------------------------

    The Speaker (9) or Speaker pro tempore,(10) 
under authority of the order of the House, signs warrants for arrest of 
absent Members.                          -------------------

In General

Sec. 5.1 During a filibuster by roll calls in the House, the Speaker 
    declined to recognize a Member for a motion that the Sergeant at 
    Arms take whatever action necessary to keep a quorum present in the 
    Chamber for the remainder of the day.

    On Aug. 1, 1946,(11) Speaker Sam Rayburn, of Texas, 
declined to recognize a Member for a motion during the reading of a 
resolution relating to contempt proceedings against George Marshall.

        Mr. [William C.] Cole of Missouri: Mr. Speaker, a parliamentary 
    inquiry.

[[Page 3550]]

        The Speaker: The gentleman will state it.
        Mr. Cole of Missouri: Mr. Speaker, is it in order to make a 
    motion that the Sergeant at Arms take whatever action is necessary 
    to keep a quorum present in the House Chamber for the remainder of 
    today, any House rules to the contrary notwithstanding? If it is, I 
    would like to make that motion.
---------------------------------------------------------------------------
 9. See Rule I clause 4, House Rules and Manual Sec. Sec. 624, 626 
        (1979).
10. See Sec. 5.12, infra.
11. 92 Cong. Rec. 10639, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair would rather not recognize the gentleman 
    for such motion at this time.
        Mr. Cole of Missouri: Mr. Speaker, a further parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Cole of Missouri: Mr. Speaker, when would that motion be in 
    order?
        The Speaker: Well, the Chair would like to be the judge of 
    that. Not now. The Clerk will continue reading.

    Parliamentarian's Note: Under Rule XV clause 2(a), the House may 
determine conditions upon which arrested absentees and others may be 
discharged, but only while the call of the House is in process.

Sec. 5.2 Where a quorum call is ordered, the doors may be closed and 
    the Sergeant at Arms called upon to notify absent Members.

    On June 5, 1946,(12) Speaker Sam Rayburn, of Texas, 
responded to a parliamentary inquiry as to procedure during a call of 
the House.
---------------------------------------------------------------------------
12. 92 Cong. Rec. 6353, 6354, 79th Cong. 2d Sess. Under the modern 
        practice (beginning with the 93d Congress), doors are closed 
        only on order of the Speaker.
---------------------------------------------------------------------------

        Mr. [Howard W.] Smith of Virginia: Mr. Speaker, I move a call 
    of the House.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were refused.
        The Speaker: The question is on the motion for a call of the 
    House. The question was taken; and on a division (demanded by Mr. 
    Rankin) there were--ayes 81, noes 13.
        Mr. Smith of Virginia: 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: A quorum is not required in this instance.
        So the motion was agreed to. . . .
        The House has ordered a call of the House. A roll call is in 
    order, and the Clerk will call the roll.
        Mr. [Earl C.] Michener [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Michener: Is this the situation, that a quorum was not 
    present when last reported; that the doors are locked and the 
    Sergeant at Arms is out notifying absent Members?
        The Speaker: That is correct. The Clerk will call the roll.

Sec. 5.3 Where the House in the absence of a quorum and pursuant to 
    motion had ordered ``that those who are

[[Page 3551]]

    not present be sent for wherever they are found and returned here 
    on the condition that they shall not be allowed to leave the 
    Chamber until such time as the pending business before this Chamber 
    on this legislative day shall have been completed,'' the Chair 
    interpreted the motion as requiring the Sergeant at Arms to notify 
    absentees but not as bestowing on him the duty or authority of 
    arresting absentees and bringing them into the Chamber under 
    custody. The Chair stated that the motion had been adopted by, and 
    expressed the will of, the House, and, no timely point of order 
    having been raised against the motion due to lack of a quorum, was 
    binding on the Speaker and other Members.

    On Oct. 9, 1968,(13) Speaker John W. McCormack, of 
Massachusetts, responded to a series of parliamentary inquiries 
relating to a motion to locate absent Members.

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        Mr. [Brock] Adams [of Washington]: Mr. Speaker, as a part of 
    the motion of a call of the House, I further move under rule 
    II,(14) under which a call of the House is in order, 
    that a motion be made for the majority here that those who are not 
    present be sent for wherever they are found and returned here on 
    the condition that they shall not be allowed to leave the Chamber 
    until such time as the pending business before this Chamber on this 
    legislative day shall have been completed.
---------------------------------------------------------------------------
13. 114 Cong. Rec. 30212-14, 90th Cong. 2d Sess. Legislative day of 
        Oct. 8, 1968.
14. Parliamentarian's Note: The provisions referred to appear in Rule 
        XV clause 2(a), House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

        The Speaker: The question is on the motion offered by the 
    gentleman from Washington [Mr. Adams].
        The motion was agreed to. . . .
        Mr. [Elford A.] Cederberg [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman from Michigan will state his 
    parliamentary inquiry.
        Mr. Cederberg: Mr. Speaker, yesterday my wife underwent major 
    surgery and she is in the hospital at the present time. I have been 
    going back and forth to the hospital to see her. I have missed 
    several quorum calls during this period of time.
        Do I have to get unanimous consent from this body to return 
    back to the hospital when I would probably be going back within the 
    next hour or two?
        The Speaker: The Chair will state to the gentleman from 
    Michigan that if the gentleman will consult with the Speaker, 
    certainly, we are all sorry to

[[Page 3552]]

    hear about the condition of the gentleman's dear wife and the 
    Speaker will recognize that first things come first and that one 
    belongs with his loved ones.
        Mr. Cederberg: I thank the Speaker.
        Mr. [L. Mendel] Rivers [of South Carolina]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman from South Carolina will state his 
    parliamentary inquiry.
        Mr. Rivers: Mr. Speaker, we have taken the unusual step of 
    sending for absent Members. Even though a quorum is present, my 
    parliamentary inquiry is this: In construing the motion pursuant to 
    the rules of the House, will the absent Members be merely notified 
    or will they be sent for by a marshal or will they be placed under 
    arrest or how will they be returned?
        The Speaker: The Chair will state to the gentleman from South 
    Carolina that they will be notified by the Sergeant at Arms.
        Mr. Rivers: Will they come in on their own or will someone in 
    authority bring them in?
        The Speaker: The Chair has announced that they will be notified 
    by the Sergeant at Arms. Certainly, there is no wording contained 
    in the motion to bring about the attempted custody of any Member.
        Mr. [James G.] Fulton of Pennsylvania: Mr. Speaker, a 
    parliamentary inquiry.

        The Speaker: The gentleman from Pennsylvania will state his 
    parliamentary inquiry.
        Mr. Fulton of Pennsylvania: Mr. Speaker, in our Pennsylvania 
    delegation we have one Member, Mr. John Saylor, who has leave of 
    absence from this Chamber for 2 days and who is at the present time 
    on board a naval ship.
        Does this motion apply to a person with such a leave of 
    absence?
        The Speaker: The gentleman is making a serious inquiry about 
    Members away on important duty.
        The Chair will state that the motion calls for the notification 
    and the sending for Members. The Chair construes that as meaning to 
    notify the Members to return. The Chair has already in response to 
    another parliamentary inquiry propounded by the gentleman from 
    South Carolina clearly stated that it does not call for bringing 
    them back in custody.
        Mr. Fulton of Pennsylvania: One further parliamentary inquiry 
    on the enforcement of the motion: Is it not within the full 
    discretion of the Chair as to what methods and means shall be used 
    to notify or to arrest or to bring in Members and that that full 
    discretion still lies within the Chair? So, unless there is an 
    order by the Chair as to the method, the motion simply represents a 
    notification to the Members to return because insofar as I know the 
    Chair has made no ruling as to the arrest or as to bringing the 
    Members back in custody.
        The Speaker: The gentleman is the only one who has used the 
    word ``arrest.'' The Chair used the word ``custody.'' The Chair 
    does not construe that that is a part of the motion, and the Chair 
    has construed that motion to mean that it is the sense of the 
    majority of the House that the Sergeant at Arms do come up with the 
    Members that are not present and to do every

[[Page 3553]]

    thing he can within the limitation of the motion to assure their 
    presence.

Procedures Available When a Quorum Fails to Appear on a Call of the 
    House or on Automatic Vote by Yeas and Nays

Sec. 5.4 If a quorum fails to develop on an automatic vote by yeas and 
    nays under Rule XV clause 4 (15) the House may decide to 
    adjourn, or, in the absence of such motion, the Speaker may sign 
    warrants for the Sergeant at Arms to bring in absentees.
---------------------------------------------------------------------------
15. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Oct. 18, 1966,(16) Speaker John W. McCormack, of 
Massachusetts, stated the procedures available when a quorum does not 
appear.
---------------------------------------------------------------------------
16. 111 Cong. Rec. 27513, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        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.

Sec. 5.5 Where a quorum fails to develop following a motion for a call 
    of the House, the House has only two alternatives: a motion to 
    adjourn or a motion to instruct the Sergeant at Arms to secure the 
    attendance of absentees.

    On Oct. 14, 1969,(17) Speaker John W. McCormack, of 
Massachusetts, answered inquiries regarding procedural alternatives 
available when a quorum fails to appear. Those proceedings are reported 
elsewhere in this chapter.(18)
---------------------------------------------------------------------------
17. 115 Cong. Rec. 30054, 30055, 91st Cong. 1st Sess.
18. See Sec. 10.12, infra.
---------------------------------------------------------------------------

Sec. 5.6 If a quorum fails to materialize on a call of the House under 
    Rule XV clause 2(a),(19) a motion to arrest absentees 
    and bring them into the Chamber is in order.
---------------------------------------------------------------------------
19. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

[[Page 3554]]

    On the legislative day of Oct. 8, 1968,(20) Speaker John 
W. McCormack, of Massachusetts, answered an inquiry regarding a 
possible motion to arrest absentees.
---------------------------------------------------------------------------
20. 114 Cong. Rec. 30101, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar 
        Day).
---------------------------------------------------------------------------

        Mr. [Roman C.] Pucinski [of Illinois]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Pucinski: Mr. Speaker, we have had, in the last 12 hours, 
    23 quorum calls. My parliamentary inquiry is this: In the event 
    that a quorum does not respond on one of these quorum calls, is it 
    then in order to make a motion to arrest the absent Members and 
    bring them down here?
        The Speaker: Such a motion would be in order if a quorum is not 
    present.

Sec. 5.7 The Speaker indicated that if a motion to adjourn made during 
    a quorum call failed and a quorum failed to appear, a motion to 
    instruct the Sergeant at Arms to bring in absentees would be in 
    order.

    On Oct. 14, 1969,(1) when less than a quorum had 
appeared, Speaker John W. McCormack, of Massachusetts, answered 
inquiries regarding the proper time to instruct the Sergeant at Arms to 
bring in absentees.
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I would prefer 
    not to make this motion at this time, but in view of the 
    parliamentary situation, I move that the House do now adjourn.
        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, on that I 
    demand the yeas and nays.
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford: Mr. Speaker, if the motion to adjourn does 
    not prevail, and a quorum is not present what is the situation 
    then?
        The Speaker: The Chair will state that the House would continue 
    to proceed under the call of the House to establish a quorum.
        Mr. Gerald R. Ford: Mr. Speaker, a further parliamentary 
    inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford: Mr. Speaker, does that entail another 
    quorum call at that point?
        The Speaker: The Chair will state that we would be continuing 
    under the previous call, the call that was in existence prior to 
    the motion to adjourn.
        Mr. Yates: Mr. Speaker, a parliamentary inquiry.
        Mr. Speaker, would it be in order at that point to move that 
    the Speaker instruct the Sergeant at Arms to bring in Members who 
    are absent?
        The Speaker: The Chair will state that if the House fails to 
    adjourn, a motion to that effect would be in order.

Sec. 5.8 If a quorum fails to answer on a call of the House under Rule 
    XV clause 2(a),(2)
---------------------------------------------------------------------------
 2. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

[[Page 3555]]

    (1) the Sergeant at Arms may be directed by the Speaker to locate 
    absentees and inform them that a quorum call is in progress or (2) 
    a majority of those present [a minimum of 15 is required under the 
    rule] and voting in the affirmative may order the Sergeant at Arms 
    to compel the attendance of absentees.

    On the legislative day of Oct. 8, 1968,(3) Speaker John 
W. McCormack, of Massachusetts, stated procedures necessary to direct 
the Sergeant at Arms to locate absentees and compel attendance.
---------------------------------------------------------------------------
 3. 114 Cong. Rec. 30210, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar 
        Day).
---------------------------------------------------------------------------

        Mr. [Brock] Adams [of Washington]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman from Washington will state his 
    parliamentary inquiry.
        Mr. Adams: Mr. Speaker, in the event a quorum is not present is 
    it the situation under rule XV of the House that the first 
    alternative that applies is that the Speaker of the House may sit 
    during such period of time as the Sergeant at Arms shall search the 
    premises in the nearby area on the request of the Speaker in order 
    to provide a quorum? Is that the first situation that applies in 
    the event a quorum is not present?
        The Speaker: The statement as generally made by the gentleman 
    is correct.
        Mr. Adams: Now, Mr. Speaker, the second alternative is this: In 
    the event that a quorum is not present after the efforts of the 
    Speaker to obtain Members from the nearby areas and through 
    whatever means he wishes to pursue while he is sitting in the chair 
    and the call is proceeding that the next alternative then is a 
    motion supported by 15 Members of the House to have a warrant 
    issued for attendance in the House and after that warrant is issued 
    and this motion is passed and the doors are locked and Members are 
    brought to the floor, then under the instructions of the Speaker 
    they may be detained on the floor throughout the quorum and remain 
    present for the transaction of business? Is that the second 
    alternative, Mr. Speaker?
        The Speaker: The Chair does not wish to take this matter into 
    consideration in the nature of an alternative, but the Chair would 
    state that such procedures are carried out requiring the presence 
    of Members. Is that what the gentleman has in mind?
        Mr. Adams: Would it be in order at that time for a motion of 
    that type to be made?
        The Speaker: That would depend upon the action of the House.
        Mr. Adams: I am asking, Mr. Speaker, if such a motion by 15 
    Members would be in order at that time.
        The Speaker: The Chair has difficulty in following the 
    gentleman when he says ``a motion by 15 Members.''
        Mr. Adams: I refer The Speaker to part 2 of rule XV which reads 
    as follows:
        In the absence of a quorum, fifteen Members, including The 
    Speaker, if there is one----

[[Page 3556]]

        The Speaker: There is one now.
        Mr. Adams: I appreciate that fact, Mr. Speaker, but in the 
    event that you wished--
        shall be authorized to compel the attendance of absent Members, 
        and in all calls of the House the doors shall be closed, the 
        names of the Members shall be called by the Clerk, and the 
        absentees noted; and those for whom no sufficient excuse is 
        made may, by order of a majority of those present, be sent for 
        and arrested, wherever they may be found, by officers to be 
        appointed by the Sergeant-at-Arms for that purpose, and their 
        attendance secured and retained; and the House shall determine 
        upon what condition they shall be discharged.

        Mr. Speaker, that is my inquiry in the event that this should 
    continue and a quorum should not be present, if that is important.
        The Speaker: The Chair will state that such action could only 
    be taken by a majority of the Members present and voting.
        The Chair will state further in reply to the inquiry of the 
    gentleman from Washington that the gentleman has made reference to 
    15 Members, and that situation does not apply at this time.
        Mr. Adams: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Adams: In other words, Mr. Speaker, a motion then by a 
    Member present to carry out this procedure would be sufficient if a 
    quorum were not present, under the circumstances as they exist in 
    the House?
        The Speaker: The Chair will state that it would take a majority 
    of the Members if there were only 15 present.
        Mr. Adams: If a motion is made in the body as it sits now, that 
    motion could be made by any individual Member, and if a majority of 
    those present in the Chamber were to vote in favor of that motion, 
    then the procedure would start at that point?
        That is my parliamentary inquiry.
        The Speaker: The Chair will state that has already been stated 
    by the Chair, it requires a majority of the Members present if such 
    a motion were to be made. It would require a majority of the 
    Members present, and voting thereon.

    Parliamentarian's Note: The Speaker misstated the requirement for 
15 Members' ordering the attendance of absentees in the situation where 
only 15 Members were on the floor. The precedents indicate that there 
must be at least 15 affirmative votes to order the attendance of 
absentees. See 4 Hinds' Precedents Sec. Sec. 2983, 2984.

Sec. 5.9 Under Rule XV clause 2(a),(4) a motion that the 
    Sergeant at Arms procure the attendance of absentees is in order 
    and unless directed by such a motion, the Sergeant at Arms has no 
    authority to compel attendance.
---------------------------------------------------------------------------
 4. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

    On the legislative day of Oct. 8, 1968,(5) Speaker John 
W. McCor
---------------------------------------------------------------------------
 5. 114 Cong. Rec. 30212, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar 
        Day).
---------------------------------------------------------------------------

[[Page 3557]]

mack, of Massachusetts, stated procedures for procuring attendance of 
absent Members.

        The Speaker: On this rollcall, 220 Members have answered to 
    their names, a quorum. If there is no objection, further 
    proceedings under the call will be dispensed with.

        Mr. [Brock] Adams [of Washington]: Mr. Speaker, reserving the 
    right to object, under the reservation of the right to object, I 
    want to inquire whether, if objection is made to dispensing with 
    the call, under rule XV, paragraph 2, the automatic effect of that 
    is that the Members shall be called by the Clerk and the absentees 
    noted, and those for whom no sufficient excuse is made may, by the 
    order of the majority present, be sent for and arrested wherever 
    they may be found?
        I am inquiring as part of my reservation, whether or not a 
    quorum may be present, if proceedings under the call are not 
    dispensed with, that thereafter the Speaker has the power for those 
    who are absent from the body tonight, to have them first contacted 
    to be brought here and, if they do not appear, to have the Sergeant 
    at Arms go and obtain them, without any further proceeding?
        The Speaker: . . . It would require a motion or resolution to 
    be concurred in by a majority of the House.

    Parliamentarian's Note: See 4 Hinds' Precedents Sec. Sec. 2983, 
2984. To compel the attendance of absentees under this rule, there must 
be 15 affirmative votes, and those voting to compel attendance must be 
in the majority. (Thus, a 15-14 vote, or a 15-0 vote, would be 
sufficient.)

Sec. 5.10 Although the Speaker possesses authority to issue a warrant 
    of arrest for absent Members under an automatic roll call under 
    Rule XV clause 4, he usually does not do so without action of the 
    House during other proceedings incident to calls of the House under 
    Rule XV clause 2(a).

    On July 29, 1946,(6) in response to a parliamentary 
inquiry, following the failure of a quorum to vote on a yea and nay 
vote ordered under Rule XV clause 4, Speaker Sam Rayburn, of Texas, 
made a ruling regarding issuance of arrest warrants.
---------------------------------------------------------------------------
 6. 92 Cong. Rec. 10410, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin [of Mississippi]: Let us get this business 
    straightened out. If this motion were voted down it would be the 
    duty of the Speaker to issue writs of arrests for absent Members 
    and have them brought to the floor of the House until every Member 
    of the House was brought back or until further proceedings were 
    dispensed with.
        The Speaker: The Chair could issue a warrant because this is an 
    automatic roll call. Usually the Chair does not do that without 
    action of the House specifying that it be done.(7)
---------------------------------------------------------------------------
 7. Parliamentarian's Note: Rule I clause 4 [see House Rules and Manual 
        Sec. 624 (1979)] provides that the Speaker ``shall sign all . . 
        . warrants. . . .'' See 1 Hinds' Precedents Sec. 287 which 
        holds that the Speaker has authority to issue a warrant of 
        arrest only by order of the House. However, the order in that 
        case involved the arrest of the Clerk of the House as 
        distinguished from arrest of Members during an automatic call 
        of the House. Under Rule XV clause 4 [see House Rules and 
        Manual Sec. 773 (1979)] the House has adopted a standing rule 
        ordering the Sergeant at Arms to bring in absent Members during 
        the yea and nay vote. (But to actually make an arrest under 
        this rule the Sergeant at Arms must have in his possession a 
        warrant signed by the Speaker.)

---------------------------------------------------------------------------

[[Page 3558]]

Sec. 5.11 A motion for the arrest of absentees is in the form of an 
    order to the Sergeant at Arms.

    On May 14, 1930,(8) a Member, Percy E. Quin, of 
Mississippi, offered the following motion:
---------------------------------------------------------------------------
 8. 72 Cong. Rec. 8962, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Quin: Mr. Speaker, I move that the Speaker instruct the 
    Sergeant at Arms to bring in the absent Members.
        The Speaker Pro Tempore: (~9) The gentleman from 
    Mississippi offers a motion, which the Clerk will report:
---------------------------------------------------------------------------
 9. John Q. Tilson (Conn.).
---------------------------------------------------------------------------

        The Clerk read as follows:
        Mr. Quin presents the following motion:

            Ordered, That the Sergeant at Arms take into custody and 
        bring to the bar of the House such Members as are absent 
        without leave.

Sec. 5.12 The Speaker pro tempore, pursuant to a motion adopted by the 
    House that the Sergeant at Arms take absent Members into custody, 
    signs warrants for the arrest of absent Members.

    On May 14, 1930,(10) the Speaker pro tempore, John Q. 
Tilson, of Connecticut, announced that he had signed warrants for the 
arrest of absent Members.
---------------------------------------------------------------------------
10. 72 Cong. Rec. 8962, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:
        Mr. [Percy E.] Quin [of Mississippi] presents the following 
    motion:

            Ordered, That the Sergeant at Arms take into custody . . . 
        such Members as are absent without leave.

        The Speaker Pro Tempore: The question is on the motion of the 
    gentleman from Mississippi.
        The question was taken; and on a division (demanded by Mr. 
    Stafford) there were 78 ayes and 55 noes.
        Mr. [William H.] Stafford [of Wisconsin]: Mr. Speaker, I demand 
    the yeas and nays.
        The Speaker Pro Tempore: The gentleman from Wisconsin demands 
    the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 122, nays 74, 
    answered ``present'' 4, not voting 227, as follows . . .

[[Page 3559]]

        The Speaker Pro Tempore: The Chair announces the fact that he 
    has signed the warrants to arrest the absent Members.

Procedure Available Following Refusal to Dispense With Further 
    Proceedings

Sec. 5.13 Where a motion to dispense with further proceedings under a 
    call for a quorum is rejected, the Members present remain in the 
    Chamber until the Sergeant at Arms brings in enough Members to make 
    a quorum or make the full membership.

    On July 29, 1946,(11) a motion to dispense with further 
proceedings under the call was rejected.
---------------------------------------------------------------------------
11. 92 Cong. Rec. 10409, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Rankin and Mr. Marcantonio moved 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: (12) On this roll call 240 Members have 
    answered to their names, a quorum.
---------------------------------------------------------------------------
12. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        If there is no objection, further proceedings under the call 
    will be dispensed with.
        Mr. [Frank E.] Hook [of Michigan]: Mr. Speaker, I object.
        Mr. [William C.] Cole of Missouri: Mr. Speaker, I object.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, I move that 
    further proceedings under the call be dispensed with. . . .
        Mr. Cole of Missouri: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Cole of Missouri: Should this motion be voted down and 
    should further proceedings under the call be not dispensed with 
    will the Chair please state the procedure to be followed then?
        The Speaker: We stay here until the Sergeant at Arms brings in 
    enough Members to make a quorum or to make the full membership.
        Mr. [Earl C.] Michener [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Michener: Would it not be the fact that if this motion were 
    voted down the House would find itself in a room that is supposed 
    to be locked and the Sergeant-at-Arms would be presumed to be out 
    notifying absentees?
        The Speaker: The gentleman is correct.

    Parliamentarian's Note: The Sergeant at Arms would not have the 
authority to arrest Members unless ordered by a majority of those 
voting; but he has inherent authority to notify absentees that they are 
needed to make a quorum.

Procedure Available Following Refusal to Adjourn

Sec. 5.14 The failure of a quorum to respond on a roll call vote

[[Page 3560]]

    (decided in the negative) on a motion to adjourn being conducted 
    under Rule XV clause 4,(13) would require the Sergeant 
    at Arms to arrest absent Members without further order of the 
    House.
---------------------------------------------------------------------------
13. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Apr. 15, 1970,(14) the Speaker pro tempore, Charles 
M. Price, of Illinois, explained the procedure for arresting absent 
Members.
---------------------------------------------------------------------------
14. 116 Cong. Rec. 11941, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

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

    Parliamentarian's Note: See Sec. 5.10, Supra, where the Speaker 
indicated that under an automatic vote by yeas and nays, the Chair must 
still sign warrants.

Senate Precedents

    The following precedents are carried as examples of Senate 
procedures in securing a quorum.

Sec. 5.15 The Senate directed its Sergeant at Arms to request 
    attendance of absent Senators and, failing to obtain a quorum by 
    this method, directed him to compel attendance of absentees.

    On Nov. 14, 1942,(15) the Senate Sergeant at Arms was 
directed to compel the attendance of absent Senators.
---------------------------------------------------------------------------
15. 88 Cong. Rec. 8838, 8839, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Vice President: (16) The Clerk will call the 
    roll.
---------------------------------------------------------------------------
16. Henry A. Wallace (Iowa).
---------------------------------------------------------------------------

        The Chief Clerk called the roll, and the following Senators 
    answered to their names: . . .
        The Presiding Officer: (17) Twenty-seven Senators 
    having answered to their names, there is not a quorum present. The 
    clerk will call the names of the absent Senators.
---------------------------------------------------------------------------
17. Joseph Rosier (W. Va.).
---------------------------------------------------------------------------

        The Chief Clerk called the names of the absent Senators.
        Mr. Thomas of Oklahoma, Mr. Lee, Mr. Langer, and Mr. Kilgore 
    entered

[[Page 3561]]

    the Chamber, and answered to their names.
        The Presiding Officer: Thirty-one Senators having answered to 
    their names, there is not a quorum present.
        Mr. [Alben W.] Barkley [of Kentucky]: I move that the Sergeant 
    at Arms be directed to request the attendance of absent Senators.
        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.
        After some delay, Mr. George, Mr. Gerry, Mr. Willis, Mr. 
    Bridges, Mr. Murdock, Mr. Danaher, Mr. Gurney, Mr. Maloney, Mr. 
    Schwartz, Mr. Ball, Mr. Taft, Mr. Lucas, and Mr. O'Mahoney entered 
    the Chamber and answered to their names.
        Mr. Barkley: Mr. President, under the previous motion made by 
    me to direct the Sergeant at Arms to request the attendance of 
    absent Senators, 44 Senators have appeared, 5 short of a quorum. I 
    now move that the Sergeant at Arms be directed to compel the 
    attendance of absent Senators.
        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.

Sec. 5.16 The Senate Sergeant at Arms is authorized to report to that 
    body when he has carried out its orders to compel attendance of 
    absent Senators.

    On Nov. 14, 1942,(18) the Sergeant at Arms reported to 
the Senate after carrying out orders to compel attendance.
---------------------------------------------------------------------------
18. 88 Cong. Rec. 8838, 8839, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Alben W.] Barkley [of Kentucky]: Mr. President, under the 
    previous motion made by me to direct the Sergeant at Arms to 
    request the attendance of absent Senators, 44 Senators have 
    appeared, 5 short of a quorum. I now move that the Sergeant at Arms 
    be directed to compel the attendance of absent Senators.
        The motion was agreed to.
        The Presiding Officer [Joseph Rosier, of West Virginia]: The 
    Sergeant at Arms will execute the order of the Senate. . . .
        After some delay.
        Mr. Barkley: Mr. President, I ask that the Sergeant at Arms 
    make a report to the Senate upon the effort he has made to compel 
    the attendance of Senators.
        The Presiding Officer [Theodore F. Green, of Rhode Island]: The 
    Sergeant at Arms will make his report.
        The Sergeant at Arms (Chesley W. Jurney): Senator Aiken is out 
    of Washington.
        Mr. [Tom T.] Connally [of Texas]: A parliamentary inquiry.
        The Presiding Officer: The Senator will state it.
        Mr. Connally: Under what rule is this kind of proceeding 
    authorized? I do not remember such a thing ever happening.
        The Presiding Officer: Does the Senator from Texas make 
    objection?
        Mr. Connally: I do.

        The Presiding Officer: The objection is overruled. The Sergeant 
    at Arms will proceed.
        Mr. Connally: That is a very efficient answer to a 
    parliamentary in

[[Page 3562]]

    quiry. I am trying to ascertain the authority for the proceeding.
        The Presiding Officer: It is authorized under rule V, paragraph 
    3. The Sergeant at Arms will proceed.
        Mr. Connally: I understand there is ample precedent for 
    ordering Senators brought into the Chamber, but it does not 
    necessarily follow the Sergeant at Arms can be brought in and 
    testify and make a speech. No one else can make a speech at this 
    time, and why should the Sergeant at Arms be permitted to do so?
        The Presiding Officer: Under the rule, debate is out of order, 
    and the Sergeant at Arms will proceed with his report.
        The Sergeant at Arms: Senator Aiken is out of town.
        Senator Austin is out of town. . . .
        Senator Doxey is in Washington, but cannot be located either at 
    his office or his residence. . . .
        Senator Maybank is in Washington, but cannot be located either 
    at his office or his residence. . . .
        Mr. Barkley: Mr. President, there seems to have taken place an 
    exodus from the Senate equal to the exodus of the Children of 
    Israel from Egypt; but there is a sufficient number of Senators in 
    town to make a quorum. I therefore move that the Vice President be 
    authorized and directed to issue warrants of arrest for absent 
    Senators, and that the Sergeant at Arms be instructed to execute 
    such warrants of arrest upon absent Senators.
        Mr. Connally: Mr. President, will the Senator yield for a 
    question?
        Mr. Barkley: I yield.
        Mr. Connally: I wish to ask if the execution of the warrants 
    would require the Sergeant at Arms to go to the home States of 
    Senators.
        The Presiding Officer: The motion is not debatable.
        Mr. Connally: I am propounding a parliamentary inquiry, and the 
    Senator yielded. He is making a motion.
        Mr. Barkley: Of course, when the Sergeant at Arms produces a 
    sufficient number to make a quorum, which is five--and there are 
    more than that many Senators in Washington, as reported by the 
    Sergeant at Arms--it is not expected that warrants of arrest will 
    be sent to the home States of those who are absent.
        The Presiding Officer: If the motion is so phrased as to 
    exclude them, the warrants will not be sent to the home States; 
    otherwise they would have to be.
        Mr. Barkley: The motion I made would include all absent 
    Senators, but the practical application of it would be limited to 
    those who are in the city.
        The Presiding Officer: The motion is limited to them?
        Mr. Barkley: I am willing to limit the motion to those who are 
    reported to be in the city of Washington, in the District of 
    Columbia, for the day.
        The Presiding Officer: The question is on agreeing to the 
    motion of the Senator from Kentucky.
        The motion was agreed to.
        The Presiding Officer: The order of the Senate will be 
    executed.
        At 2 o'clock and 8 minutes p.m., Mr. Herring entered the 
    Chamber and answered to his name.
        At 2 o'clock and 10 minutes p.m. Mr. Bunker entered the Chamber 
    and answered to his name.
        Mr. Connally: Mr. President----

[[Page 3563]]

        The Presiding Officer [Joseph C. O'Mahoney, of Wyoming]: The 
    Senator from Texas.
        Mr. Connally: I rise to a question of privilege of the Senate.
        The Presiding Officer: The Chair is advised that a quorum of 
    the Senate has not yet responded to the call of the roll. In that 
    state of affairs, no debate is in order.
        Mr. Connally: Mr. President, a further parliamentary inquiry. 
    What the Chair said may be true, but I understand some things are 
    being done, or are about to be done, in the name of the Senate, 
    which the Senate has never authorized, and which pertain to the 
    high privileges of the Senate. I understand that the Sergeant at 
    Arms, under the direction of the majority leader, or someone here, 
    is assuming the authority to deputize, or appoint as a deputy, one 
    of the Senate custodians, with instructions to break down Senators' 
    doors, enter their offices, and drag them out. The Senate has not 
    ordered any such action as that, and I want to say to the Senate, 
    or whoever authorized it, that if such person broke into my office, 
    he would not be able to break into the office of anyone else for at 
    least 24 hours. I simply want the Senate and the country to know 
    the kind of tactics which are being forced upon Senators in this 
    Chamber. It is a perfect outrage. It is in line with the 
    unconstitutional, the unwarranted, and the absolutely outrageous 
    action of a group in the Senate.
        At 2 o'clock and 45 minutes p.m., Mr. Aiken entered the Chamber 
    and answered to his name.
        At 3 o'clock and 19 minutes p.m., Mr. Maybank entered the 
    Chamber and answered to his name.
        At 3 o'clock and 40 minutes p.m., Mr. McKellar entered the 
    Chamber and answered to his name.
        The Presiding Officer [Berkeley L. Bunker, of Nevada]: Forty-
    nine Senators having answered to their names, a quorum is present.

    Parliamentarian's Note: In other instances, the report of the 
Sergeant at Arms has been submitted to the Presiding Officer in writing 
and read to the Senate. See Senate Procedure (S. Doc. 97-2), Riddick, 
p. 180.

Sec. 5.17 The Senate Sergeant at Arms was directed to request the 
    attendance of Senators when a quorum failed to appear on a quorum 
    call.

    On Apr. 26, 1958,(19) the Senate directed the Sergeant 
at Arms to request the attendance of absent Senators.(1)
---------------------------------------------------------------------------
19. 104 Cong. Rec. 7394, 7395, 85th Cong. 2d Sess.
 1. See also, for example, 110 Cong. Rec. 10579, 88th Cong. 2d Sess., 
        May 11, 1964; 11, Cong. Rec. 4754, 4755, 88th Cong. 2d Sess., 
        Mar. 9, 1964; and 108 Cong. Rec. 14952, 14953, 87th Cong. 2d 
        Sess., July 28, 1962.
---------------------------------------------------------------------------

        The Presiding Officer: (2) Is there further morning 
    business?
---------------------------------------------------------------------------
 2. Herman E. Talmadge (Ga.).
---------------------------------------------------------------------------

        Mr. [Lyndon B.] Johnson [of Texas]: Mr. President, I suggest 
    the absence of a quorum.
        The Presiding Officer: The clerk will call the roll.

[[Page 3564]]

        The Chief Clerk called the roll, and the following Senators 
    answered to their names: . . .
        The Presiding Officer: A quorum is not present.
        Mr. [William F.] Knowland [of California]: Mr. President, I 
    move that the Sergeant at Arms be directed to request the 
    attendance of absent Senators.
        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.

Sec. 5.18 A quorum call in the Senate failed to produce a quorum until 
    the Sergeant at Arms was directed to request attendance of absent 
    Members.

    On Apr. 22, 1965,(3) the following proceedings took 
place:
---------------------------------------------------------------------------
 3. 111 Cong. Rec. 8299, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Allen J.] Ellender [of Louisiana]: Mr. President, I 
    suggest the absence of a quorum.
        The Presiding Officer: (4) The clerk will call the 
    roll.
---------------------------------------------------------------------------
 4. Fred Harris (Okla.).
---------------------------------------------------------------------------

        The legislative clerk called the roll, and the following 
    Senators answered to their names: . . .
        The Presiding Officer: A quorum is not present.
        Mr. [Philip A.] Hart [of Michigan]: Mr. President, I move that 
    the Sergeant at Arms be directed to request the attendance of 
    absent Senators.
        The Presiding Officer: (5) The question is on 
    agreeing to the motion of the Senator from Michigan.
---------------------------------------------------------------------------
 5. Walter F. Mondale (Minn.).
---------------------------------------------------------------------------

        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.

    The Presiding Officer subsequently declared a quorum to be present.

Sec. 5.19 The Presiding Officer described the procedure for requesting 
    or compelling the attendance of absent Senators.

    On May 18, 1950,(6) the Presiding Officer, Matthew M. 
Neely, of West Virginia, explained the procedure for obtaining 
attendance of absent Senators.
---------------------------------------------------------------------------
 6. 96 Cong. Rec. 7204, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Brien] McMahon [of Connecticut]: I suggest the absence of 
    a quorum.
        The Presiding Officer: The clerk will call the role. . . .
        A quorum is not present.
        Mr. [Hubert H.] Humphrey [of Minnesota]: I move that the 
    Sergeant at Arms be directed to request the attendance of absent 
    Senators.
        The Presiding Officer: The provision of the rule is that a 
    majority of Senators present may direct the Sergeant at Arms to 
    request, and when necessary, to compel the attendance of absent 
    Senators. Does the Senator from Minnesota make that motion?
        Mr. Humphrey: I make that motion, Mr. President.
        The motion was agreed to.

[[Page 3565]]

        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.

Sec. 5.20 In the absence of a quorum, a motion that the Sergeant at 
    Arms arrest the absentees and bring them before the bar of the 
    Senate is in order.

    On the calendar day of July 28, 1962,(7) the Senate 
Sergeant at Arms was directed to request the attendance of absent 
Senators.(8)
---------------------------------------------------------------------------
 7. 108 Cong. Rec. 14952, 14953, 87th Cong. 2d Sess., July 30, 1962. 
        [Because no Record was printed for July 28, proceedings for 
        that day appear on July 30.]
 8. Parliamentarian's Note: The Senate remained in session for over 10 
        hours but conducted no business because a quorum could not be 
        maintained on the floor. The first of the two quorum calls held 
        on this date began at 10:00 a.m. and ended at 2:52 p.m. The 
        second call began at 2:58 and ended at 8:10 p.m.
---------------------------------------------------------------------------

        The Senate met at 10 o'clock a.m., on the expiration of the 
    recess, and was called to order by the Vice President. . . .

                             Call of the House

        The Vice President: (9) The Senate having taken a 
    recess last night in the absence of a quorum, no business can be 
    transacted until a quorum is present.
---------------------------------------------------------------------------
 9. Lyndon B. Johnson (Tex.).
---------------------------------------------------------------------------

        The clerk will therefore call the roll for the purpose of 
    developing a quorum.
        The legislative clerk called the roll; and the following 
    Senators answered to their names: . . .
        The Vice President: A quorum is not present.
        Mr. [Hubert H.] Humphrey [of Minnesota]: Mr. President, I move 
    that the Sergeant at Arms be directed to request the attendance of 
    absent Senators.
        The Vice President: The question is on agreeing to the motion 
    of the Senator from Minnesota.
        The motion was agreed to.
        The Vice President: The Sergeant at Arms is instructed to 
    execute the order of the Senate. . . .
        Mr. Humphrey: Mr. President, a parliamentary inquiry: Is a 
    quorum present?
        The Vice President: No.
        Mr. Humphrey: Mr. President, is the only procedure left to the 
    acting majority leader to invoke the rule of arrest?
        The Vice President: That would be a matter for the judgment of 
    the leadership. Such a motion would be in order.

Sec. 5.21 The motion to compel attendance of absent Senators is not 
    debatable.

    On May 11, 1964,(10) a motion to request attendance and 
two motions to compel attendance were made before a quorum appeared.
---------------------------------------------------------------------------
10. 110 Cong. Rec. 10579, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Wayne L.] Morse [of Oregon]: Mr. President, I move that 
    the Ser

[[Page 3566]]

    geant at Arms be directed to compel the attendance of absent 
    Senators.
        The Presiding Officer:(11) The question is on 
    agreeing to the motion of the Senator from Oregon.
---------------------------------------------------------------------------
11. William Proxmire (Wis.).
---------------------------------------------------------------------------

        Mr. [George A.] Smathers [of Florida]: Mr. President, a 
    parliamentary inquiry.
        The Presiding Officer: The Senator will state it.
        Mr. Smathers: Is the motion debatable?
        The Presiding Officer: No debate is in order.


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 6. Closing or Locking the Doors

    The rules of the House formerly provided for closing the doors to 
the Chamber to prohibit Members from leaving until a quorum was 
reached. The current provision, Rule XV clause 2(b), as amended in 
1972,(1~2) states that on a call of the House, ``the doors 
shall not be closed except when so ordered by the Speaker.'' It is 
within the Chair's discretion whether the doors are to be closed.
---------------------------------------------------------------------------
12. H. Res. 1123, 92d Cong. 2d Sess., Oct. 13, 1972, 118 Cong. Rec. 
        36012.
---------------------------------------------------------------------------

    An unusual illustration of the application of the rules relating to 
calls of the House occurred on Oct. 8, 1968. On that day, the House was 
scheduled to debate House Resolution 1315, to provide for consideration 
of Senate Joint Resolution 175, a measure suspending for the 1968 
campaign the equal-time requirements of section 315 of the 
Communications Act of 1934, for nominees for the offices of President 
and Vice President.(13) The first roll call (No. 375) took 
place immediately after the prayer.(14) After completion of 
this roll call, a full reading of the Journal was demanded.'' 
(15) Following three and one-half hours of roll call votes 
and quorum calls which interrupted reading of the Journal, Speaker John 
W. McCormack, of Massachusetts, after it was indicated that the Chair 
had authority to order the Doorkeeper to close or lock the 
doors,(16) issued such an order during the progress of 
quorum calls.(~17~)
---------------------------------------------------------------------------
13. 114 Cong. Rec. 30217, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar 
        Day).
14. 114 Cong. Rec. 30089, 30090, 90th Cong. 2d Sess., Oct. 8, 1968.
15. 114 Cong. Rec. 30090, 90th Cong. 2d Sess., Oct. 8, 1968.
16. See Sec. 6.2, infra. See also Sec. 6.1, infra, in which Speaker Sam 
        Rayburn (Tex.), while stating that the Speaker has authority to 
        order the doors closed, said he would not order doors locked 
        unless so directed by the House.
17. See Sec. 6.3, infra.
---------------------------------------------------------------------------

    The reading of the Journal was interrupted by 33 calls of the

[[Page 3567]]

House until about 5:00 a.m. on the calendar day of Oct. 9, 1968, when a 
majority of Members present ordered the doors to the Chamber locked and 
ordered ``those who are not present to be sent for and returned here on 
the condition that they shall not be allowed to leave the Chamber until 
the pending business shall have been completed.''(18) The 
authority for this motion and the condition that Members be confined to 
the Chamber rested on Rule XV clause 2(a),(1) which empowers 
15 Members, including the Speaker:
---------------------------------------------------------------------------
18. Sec. 6.5, infra.
 1. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

        . . . [T]o compel the attendance of absent Members; and those 
    for whom no sufficient excuse is made may, by order of a majority 
    of those present, be sent for and arrested . . . and their 
    attendance secured and retained; and the House shall determine upon 
    what condition they shall be discharged. . . .
Although neither the motion nor the rule appear on the surface to apply 
to Members who were present during passage of the motion to secure 
attendance, Speaker McCormack ruled that no Member could leave the 
Chamber until after reading and approval of the Journal.(2) 
After several parliamentary inquiries (3) and approval of 
the Journal, the Speaker ordered the doors opened.(4)
---------------------------------------------------------------------------
 2. Sec. 6.6, infra.
 3. Sec. Sec. 6.6-6.8, infra.
 4. Sec. 6.11, infra. The legislative day of Oct. 8, 1968, which 
        commenced at noon on Oct. 8 (114 Cong. Rec. 30089, 90th Cong. 
        2d Sess.) and adjourned at 8:17 p.m. on the Calendar Day of 
        Oct. 9, 1968 (Id. at p. 30304), lasted over 32 
        hours.                          -------------------
---------------------------------------------------------------------------

In General

Sec. 6.1 The Speaker stated that the Chair has authority to order the 
    doors closed during a call of the House, but indicated that without 
    further direction from the House he would not assume authority to 
    lock the doors and keep Members from retiring from the Chamber.

    On Aug. 1, 1946,(5) Speaker Sam Rayburn, of Texas, 
answered a parliamentary inquiry regarding the Chair's authority to 
order doors closed.
---------------------------------------------------------------------------
 5. 92 Cong. Rec. 10639, 10640, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Earl C.] Michener [of Michigan]: Mr. Speaker, under the 
    rules of the House, when the House finds itself without a quorum 
    the Presiding Officer must direct the Sergeant at Arms to notify 
    absentees, the Doorkeeper to close the doors, and the Clerk to call 
    the roll. These two officials are elected by the House of 
    Representatives, and among their other duties they are to

[[Page 3568]]

    assist the Speaker in enforcing the rules of the House.
        In the present case, for instance, the Speaker determined that 
    a quorum was not present and directed the Sergeant at Arms to 
    notify the absentees. He directed the Doorkeeper to close the 
    doors, the Clerk called the roll, and a quorum was found present. . 
    . .
        Pursuing my inquiry, Mr. Speaker, is not the Speaker clothed 
    with adequate power and can he not direct that the rules be 
    complied with and that all of the doors be actually locked during 
    the roll call, and that all of the doors to the Chamber remain 
    locked until the House votes to dispense with further proceedings 
    under the call? . . .
        The Speaker: It is an interesting question, and it has been 
    passed on many times. The Chair certainly has the authority to 
    order the doors closed without further authority from the House. 
    The Chair would not hold that without authority or direction of the 
    House he should assume the authority of locking the doors and 
    keeping the Members from retiring from the Chamber. There is a way 
    that the Chair can be clothed with proper authority.
        The Chair will count to determine whether there is a quorum 
    present. [After counting.] Two hundred Members are present, not a 
    quorum.

Sec. 6.2 Following over three hours of delay caused by quorum calls 
    during the reading of the Journal, the Chair, in response to a 
    parliamentary inquiry, stated that the rules of the House provided 
    for locking the doors to the Chamber to prohibit Members from 
    leaving until a quorum is procured.

    On Oct. 8, 1968,(6) the Speaker pro tempore, Wilbur D. 
Mills, of Arkansas, stated that the rules permit locking doors during a 
call of the House.
---------------------------------------------------------------------------
 6. 114 Cong. Rec. 30092, 30093, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Ray J.] Madden [of Indiana]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: The gentleman from Indiana will state 
    it.
        Mr. Madden: Mr. Speaker, owing to the fact that the chairman of 
    the Rules Committee has asked me to take up House Resolution 1315, 
    which provides an open rule and 1 hour of general debate for 
    consideration of Senate Joint Resolution 175, to suspend for the 
    1968 campaign the equal-time requirements of section 315 of the 
    Communications Act of 1934 for nominees for the offices of 
    President and Vice President, my inquiry is this: I know, owing to 
    the fact that we came in at 12 o'clock and it is now 3:30, the 
    minority side has carried on a system of quorum calls which have 
    taken 3\1/2\ hours of the time of Members. . . .
        Mr. Speaker, I will state my parliamentary inquiry. Mr. 
    Speaker, a number of State legislatures over the Nation have a 
    rule--and I do not know whether this body has a similar rule--that 
    where an organized agreement, we might say, on the part of the 
    minority side----
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, regular order.

[[Page 3569]]

        The Speaker Pro Tempore: The gentleman from Indiana will state 
    his parliamentary inquiry.
        Mr. Madden: Mr. Speaker, since a group has decided to impede 
    the progress of legislation, and a number of State legislatures 
    have a rule to the effect I have indicated, I am inquiring as to 
    whether a similar rule exists in the House of Representatives, that 
    the guards can lock the doors and prevent Members from leaving 
    during the progress of or after a quorum call has taken place? . . 
    .
        The Speaker Pro Tempore: Yes. The Chair advises the gentleman 
    there is such a rule. And it may become necessary to enforce that 
    rule. . . .
        Mr. Madden: Mr. Speaker, how long will it be before the time 
    should come to enforce that rule?
        The Speaker Pro Tempore: It depends upon the patience of the 
    Chair.
        The Clerk will continue the reading of the Journal.
        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.

    Parliamentarian's Note: While Rule XV clause 2,(7) 
stated that on a call of the House ``the doors shall be closed,'' it 
was within the Chair's discretion whether the doors were merely closed 
[as was the custom] or actually locked.
---------------------------------------------------------------------------
 7. See House Rules and Manual Sec. 768 (1967).
---------------------------------------------------------------------------

Sec. 6.3 The Speaker ordered the doors to the Chamber closed and locked 
    during a call of the House under Rule XV clause 2,(8) 
    and instructed the Doorkeeper to enforce the rule and let no 
    Members leave the Hall.
---------------------------------------------------------------------------
 8. See House Rules and Manual Sec. 768 (1967).
---------------------------------------------------------------------------

    On Oct. 8, 1968,(9~) Speaker John W. McCormack, of 
Massachusetts, ordered the doors locked.
---------------------------------------------------------------------------
 9. 114 Cong. Rec. 30093, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Donald] Rumsfeld [of Illinois]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker Pro Tempore:(10) The Chair will count.
---------------------------------------------------------------------------
10. Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

        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.

[[Page 3570]]

        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.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 277 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

    Parliamentarian's Note: The Chair personally instructed the 
Doorkeepers to lock all exits from the House Chamber and to prohibit 
Members from leaving during the call of the House. Doors leading from 
the Chamber to the Speaker's lobby, as well as those opening from the 
cloakrooms to the north corridor in the House wing were locked.
    The Speaker ordered the doors locked during roll calls numbered 382 
and 383. When this remedy did not prove effective because Members 
continued to leave the Chamber immediately after the calls were 
dispensed with, he did not continue to enforce the rule. See 
Sec. Sec. 6.10, 6.11, infra, which relate to opening the doors.

Sec. 6.4 Because the Chair had no inherent authority to order the doors 
    to the Chamber locked except during a call of the House, he could 
    not lock the doors to prevent Members from leaving after a motion 
    to dispense with further proceedings under a call was agreed to.

    On Oct. 8, 1968,(11) Speaker John W. McCormack, of 
Massachusetts, made a ruling with respect to reopening doors after 
dispensation of further proceedings under the call.(12)
---------------------------------------------------------------------------
11. 114 Cong. Rec. 30093, 90th Cong. 2d Sess.
12. See Sec. 6.5, infra, in which the doors remained locked until 
        disposition of the ``pending business,'' the reading and 
        approval of the Journal. In that instance, as distinguished 
        from this one, the doors were locked and kept locked by order 
        of the House pursuant to motion rather than by order of the 
        Speaker.
---------------------------------------------------------------------------

        Mr. [Craig] Hosmer [of California]: Mr. Speaker, a point of 
    order having been made of no quorum, a quorum having been called, 
    and a quorum having been found present, and the further proceedings 
    under the call having been dispensed with, does that mean that the 
    doors of the House are now unlocked?
        The Speaker: The gentleman is correct.
        The Clerk will continue to read the Journal of the proceedings 
    of yesterday.
        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.

[[Page 3571]]

        Mr. [Ray J.] Madden [of Indiana]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Madden: Mr. Speaker, observing the commotion over on the 
    minority side, I inquire would it be in order to again order that 
    the doors be closed?
        The Speaker: At this point the answer is, No.
        The Clerk will read.
        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.

Sec. 6.5 The Speaker, in the absence of a quorum and pursuant to a 
    motion from the floor, ordered the doors to the Chamber locked to 
    prevent Members from leaving until completion of the pending 
    business--reading and approval of the Journal.

    On the legislative day of Oct. 8, 1968,(l3) the House 
ordered the doors locked.
---------------------------------------------------------------------------
13. 114 Cong. Rec. 30212, 30213, 90th Cong. 2d Sess., Oct. 9, 1968 
        (Calendar Day).
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        Mr. [Brock] Adams [of Washington]: Mr. Speaker, as a part of 
    the motion of a call of the House, I further move under rule 
    II,(14) under which a call of the House is in order, 
    that a motion be made for the majority here that those who are not 
    present be sent for wherever they are found and returned here on 
    the condition that they shall not be allowed to leave the Chamber 
    until such time as the pending business before this Chamber on this 
    legislative day shall have been completed.
---------------------------------------------------------------------------
14. Parliamentarian's Note: A call of the House by motion is in order 
        under Rule XV clause 2 [see House Rules and Manual Sec. 768 
        (1979)].
---------------------------------------------------------------------------

        The Speaker:(15) The question is on the motion 
    offered by the gentleman from Washington [Mr. Adams].
---------------------------------------------------------------------------
15. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The motion was agreed to.
        The Clerk proceeded to call the roll.

        Mr. [Lester L.] Wolff [of New York]: Mr. Speaker, a point of 
    order.
        The Speaker: The Chair will state to the gentleman from New 
    York that there is a quorum call underway and it cannot be 
    interfered with.
        Mr. Wolff: Mr. Speaker, I make a point of order on the quorum 
    call.
        The Speaker: The gentleman makes a point of order?
        Mr. Wolff: Yes, Mr. Speaker. The doors are not locked.
        The Speaker: The Sergeant at Arms will lock the doors, and the 
    Clerk will call the roll.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 222 Members have answered to 
    their names, a quorum.
        Mr. Albert: Mr. Speaker, I move that further proceedings under 
    the call be dispensed with.
        The Speaker: The question is on the motion offered by the 
    gentleman from Oklahoma.
        The motion was agreed to.

[[Page 3572]]

        Mr. [James C.] Cleveland [of New Hampshire]: Mr. Speaker.
        The Speaker: Does the gentleman from New Hampshire desire to 
    make a parliamentary inquiry?
        Mr. Cleveland: No, Mr. Speaker, I make a point of order. I 
    object to the vote on the ground that a quorum is not present.
        The Speaker: A quorum has just been established.
        Mr. [William E.] Brock [3d, of Tennessee]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Brock: Am I to understand, if further proceedings under the 
    call have been dispensed with, according to the last motion, it is 
    correct that the doors of the House are now open?
        The Speaker: The Chair is awfully glad the gentleman made that 
    parliamentary inquiry, because the Chair intended to read for the 
    benefit of the Members the motion made by the gentleman from 
    Washington [Mr. Adams]:

            Mr. Speaker, as a part of the motion of a call of the 
        House, I further move under rule II, under which a call of the 
        House is in order, that a motion be made for the majority here 
        that those who are not present be sent for wherever they are 
        found and returned here on the condition that they shall not be 
        allowed to leave the Chamber until such time as the pending 
        business before this Chamber on this legislative day shall have 
        been completed.

        The motion was adopted; and in accordance with that motion no 
    Member can leave the Chamber until the pending business before the 
    House has been disposed of; and the pending business is the reading 
    and approval of the Journal of the preceding session.

    Parliamentarian's Note: Where a motion which might have been 
subject to a point of order (if a point of order had been raised in a 
timely fashion) is, in the absence of a point of order, agreed to, it 
represents the will of the House and governs its procedure until the 
House orders otherwise. See Sec. 6.7, infra, for detailed discussion.
    The motion was adopted after 33 quorum calls had delayed pending 
business, the reading and approval of the Journal.

Effects of Closing or Locking the Doors

Sec. 6.6 Where the House in the absence of a quorum and pursuant to 
    motion had ordered that ``those who are not present be sent for 
    wherever found and returned here on the condition that they shall 
    not be allowed to leave the Chamber until the pending business 
    shall have been completed'' and then ordered a call of the House, 
    the Speaker interpreted the motion as requiring the retention in 
    the Chamber of all Members responding on the call--not merely the 
    retention of those Members who

[[Page 3573]]

    were absent when the order was entered into.

    On the legislative day of Oct. 8, 1968,(16) Speaker John 
W. McCormack, of Massachusetts, to achieve a quorum most expediently 
interpreted a motion as not to allow Members to leave the Chamber.
---------------------------------------------------------------------------
16. 114 Cong. Rec. 30213, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar 
        Day).
---------------------------------------------------------------------------

        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford: Let me repeat the language of the motion of 
    the gentleman from Washington:

            That a motion be made for the majority here that those who 
        are not present be sent for wherever they are found and 
        returned here on the condition that they shall not be allowed 
        to leave the Chamber until such time as the pending business 
        before this Chamber on this legislative day shall have been 
        completed.

        Mr. Speaker, I respectfully argue that in the language used by 
    the gentleman from Washington in the motion that he made, he says 
    very specifically and very categorically that those who are not 
    here are the ones who must be kept in the Chamber.
        Mr. [John D.] Dingell [of Michigan]: Mr. Speaker, I demand the 
    regular order.
        The Speaker: The regular order is that the gentleman is making 
    a parliamentary inquiry.
        Mr. Gerald R. Ford: And I am indicating, Mr. Speaker, in my 
    parliamentary inquiry, that the doors to the Chamber shall not be 
    closed to those Members who were here at the time of the call for 
    the quorum.
        The Speaker: The Chair, in response to the parliamentary 
    inquiry of the distinguished minority leader, feels, in construing 
    the motion, that a part of the construction is the happenings of 
    the last 10 or 12 or more hours and the intent and purpose of the 
    gentleman from Washington in making the motion.
        It seems to the Chair, in response to the parliamentary 
    inquiry--and the Chair makes such a response--that the motion 
    offered by the gentleman from Washington [Mr. Adams] meant that any 
    Member who answered the last quorum call cannot leave the Chamber 
    until the pending business has been disposed of; and the doors will 
    be kept closed.
        The Chair might observe in relation to any future points of 
    order that a quorum is not present that apparently a quorum is 
    present because the last one disclosed 222 Members and the Chair is 
    justified in assuming that the 222 Members are still here. The 
    doors will remain locked until the present business is disposed of.

    Parliamentarian's Note: Where the doors to the Chamber were, by 
order of the House, locked until disposition of pending business, and a 
quorum had been established, the Chair stated that further points of no 
quorum would be considered dilatory until the business was completed 
and the doors opened.

Sec. 6.7 Where the House had ordered the doors to the Cham

[[Page 3574]]

    ber locked pending the disposition of pending business, it was not 
    in order by way of a point of personal privilege or by raising a 
    question of the privilege of the House to collaterally attack such 
    order, since it had been adopted by the House at a previous time 
    without challenge.

    On the legislative day of Oct. 8, 1968,(17) Speaker John 
W. McCormack, of Massachusetts, refused to recognize a Member to 
collaterally raise an issue relating to restraint of Members under the 
guise of a question of privilege.
---------------------------------------------------------------------------
17. 114 Cong. Rec. 30214-16, 90th Cong. 2d Sess., Oct. 9, 1968 
        (Calendar Day).
---------------------------------------------------------------------------

        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.
        Mr. [Robert J.] Dole [of Kansas]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The Chair will not entertain any more 
    parliamentary inquiries at this particular time.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that the further reading of the Journal be dispensed with.
        The Speaker: Is there objection to the request of the gentleman 
    from Oklahoma?
        Mr. [Robert] Taft [Jr., of Ohio]: Mr. Speaker, I object.
        The Speaker: Objection is heard.
        The Clerk will continue with the reading of the Journal of the 
    proceedings of yesterday.
        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.
        Mr. Taft: Mr. Speaker----
        The Speaker: For what purpose does the gentleman from Ohio 
    rise?
        Mr. Taft: Mr. Speaker, I have a privileged motion.
        Mr. [Sidney R.] Yates [of Illinois]: A point of order, Mr. 
    Speaker. That is not in order until the reading of the Journal has 
    been completed.

        The Speaker: Will the gentleman from Ohio state his privileged 
    motion?
        Mr. Taft: Mr. Speaker, my motion is on a point of personal 
    privilege.
        The Speaker: Will the gentleman from Ohio state whether it is a 
    point of personal privilege or a privileged motion?
        Mr. Taft: It is a privileged motion, and a motion of personal 
    privilege.
        Under rule IX (I8) questions of personal privilege 
    are privileged motions, ahead of the reading of the Journal.
---------------------------------------------------------------------------
18. See House Rules and Manual Sec. 661 (1979).
---------------------------------------------------------------------------

        The Speaker: The Chair will advise the gentleman that a 
    question of personal privilege should be made later after the 
    Journal has been disposed of.
        If the gentleman has a matter of privilege of the House, that 
    is an entirely different situation.
        Mr. Taft: I believe, Mr. Speaker, this involves not only 
    personal privilege as an individual, but also as a Member of the 
    House and also the privileges of all Members of the House.
        The Speaker: The Chair does not recognize the gentleman at this 
    time on a matter of personal privilege.
        But the Chair will, after the pending matter, the reading of 
    the Journal has

[[Page 3575]]

    been disposed of, recognize the gentleman if the gentleman seeks 
    recognition.
        Mr. Taft: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state the parliamentary 
    inquiry.
        Mr. Taft: Mr. Speaker, is it not true in rule IX relating to 
    questions of privilege it is stated that such questions shall have 
    precedence over all other questions except motions to adjourn?
        The Speaker: Will the gentleman state the question of 
    privilege.
        Mr. Taft: Mr. Speaker, my motion is that I and all other 
    Members in the Chamber who were here at the time of the last quorum 
    call and answered ``present'' be permitted to leave the Chamber at 
    their desire.
        Mr. Speaker, this is a matter of privilege of the Members of 
    the House because there is no right under the rules of the House or 
    under the statutes, or the Constitution of the United States to 
    interfere with the liberty of a Member to leave the House under 
    these circumstances.
        The Speaker: The Chair will state in response to the 
    parliamentary inquiry that the action of the House has deprived--
    has caused the doors to be closed and has deprived temporarily the 
    privilege that the gentleman refers to. That has been done by the 
    action of the House.
        Mr. Taft: Mr. Speaker, I was recognized to make a privileged 
    motion and it was not a matter of a parliamentary inquiry. I have 
    made that motion and I ask that the Chair rule on the motion.
        The Speaker: What is the motion?
        Mr. Taft: I request that I be given time to discuss the motion 
    as a matter of privilege.
        The Speaker: The gentleman will state his motion.
        Mr. Taft: Mr. Speaker, my motion is that I and all other 
    Members present on the floor who answered ``present'' at the time 
    of the last quorum call shall be permitted to leave the House 
    freely at their own desire.
        The basis of my motion is under the rules of the House and the 
    Constitution and statutes of the United States there is no basis 
    for restricting the freedom of Members who were here at the time 
    there is a quorum call, regardless of the action of the House.
        The Speaker: The Chair does not recognize the gentleman for the 
    purpose of making such a motion because the Chair has already 
    clearly indicated the House has already taken action and it is 
    within the power of the House to take the action that it did. 
    Therefore, the Chair does not recognize the gentleman to make such 
    a motion.
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, it was my 
    understanding that the gentleman from Ohio had been recognized for 
    the purpose of offering the motion.
        The Speaker: The gentleman from Michigan is well aware of the 
    fact that the question of recognition rests with the Chair. The 
    gentleman did not make a motion which was in order by reason of the 
    action heretofore taken by the House.
        The Clerk will continue to read the Journal.
        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.

[[Page 3576]]

                        Appeal From Ruling of Chair

        Mr. Taft: Mr. Speaker, I appeal the ruling of the Chair.
        Mr. Albert: Mr. Speaker, I move that the appeal be laid on the 
    table.
        The Speaker: The gentleman from Oklahoma moves that the appeal 
    be laid on the table.
        The question was taken.
        Mr. Taft: Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 136, nays 102, 
    answered ``present'' 1, not voting 192, as follows: . . .
        So the motion to lay on the table was agreed to.

    Parliamentarian's Note: While the Speaker declined to entertain the 
motion as a question of privilege based upon Mr. Taft's contention that 
under the Constitution and rules the freedom of Members who were 
present should not be restricted, the specific argument was not made 
that the order had been agreed to by less than a quorum or that it was 
directed only to the attendance of absentees and not to those present 
in the Chamber. This precedent does not, then, stand for the 
proposition that an improper order of the House or the manner of 
execution of an order of the House can never be collaterally attacked 
as a matter of the privilege of the House--it merely suggests that the 
proper contention was not made when the question of privilege was 
raised. Under the precedent in 5 Hinds' Precedents Sec. 5665, the 
motion to reconsider the vote whereby the order of the House had been 
agreed to would have been in order, although the execution of that 
order had begun. In that case, the order was to arrest absent Members.

Sec. 6.8 Where the doors were closed during a call of the House under 
    Rule XV clause 2,(19) all Members were restrained from 
    leaving the Chamber [unless special permission was granted by the 
    Speaker or the House] notwithstanding the fact that official 
    business of the House, such as their attendance at a meeting of a 
    committee of conference, might normally have required their 
    presence elsewhere.
---------------------------------------------------------------------------
19. See House Rules and Manual Sec. 768 (1967).
---------------------------------------------------------------------------

    On Oct. 8, 1968,(20) the Speaker pro tempore, Wilbur D. 
Mills, of Arkansas, made a ruling with respect to restraining Members 
during a call of the House.
---------------------------------------------------------------------------
20. 114 Cong. Rec. 30092, 30093, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Clark] MacGregor [of Minnesota]: Mr. Speaker, a 
    parliamentary inquiry.

[[Page 3577]]

        The Speaker Pro Tempore: The gentleman from Minnesota will 
    state it.
        Mr. MacGregor: Mr. Speaker, should the time come when the Chair 
    is constrained to invoke the rule referred to by the gentleman from 
    Indiana [Mr. Madden], would that mean those Members who are 
    conferees and who are here from the committee of conference would 
    be prevented from returning to that conference committee for the 
    conference on the Senate side, so as to discharge our 
    responsibilities with respect to the gun control legislation?
        The Speaker Pro Tempore: Yes. If the doors should be closed, 
    they will remain closed until a quorum is present.
        Mr. MacGregor: And the Members would then be prevented from 
    proceeding with the gun control conference.
        The Speaker Pro Tempore: The Clerk will proceed with the 
    further reading of the Journal of the proceedings of yesterday.
        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.

Sec. 6.9 Where the doors to the Chamber were locked by order of the 
    House to prevent Members from leaving until the pending business 
    was completed, employees of the House could still enter and exit 
    from the Chamber in the performance of their duties.

    On the legislative day of Oct. 8, 1968,(21) the Speaker, 
John W. McCormack, of Massachusetts, interpreted a motion to lock the 
doors to the Chamber as restraining only Members, not House employees.
---------------------------------------------------------------------------
21. 114 Cong. Rec. 30216, 30217, 90th Cong. 2d Sess., Oct. 9, 1968 
        (Calendar Day).
---------------------------------------------------------------------------

        The Speaker: The Clerk will continue with the reading of the 
    Journal of the proceedings of yesterday.
        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.
        Mr. [Frank] Horton [of New York]: Mr. Speaker, I offer a 
    preferential motion.
        The Speaker: The gentleman will state his preferential motion.
        Mr. Horton: Mr. Speaker, this preferential motion is on Rule 
    IX.(1) I understand the doors are closed to the House 
    Chamber, and this affects the employees of the House and therefore 
    the employees in the cloakrooms and the employees of the House are 
    locked in with the rest of the Members.
---------------------------------------------------------------------------
 1. See House Rules and Manual Sec. 661 (1979).
---------------------------------------------------------------------------

        Therefore, Mr. Speaker, I move that the doors be opened insofar 
    as the employees of the House are concerned.
        The Speaker: The Chair will state to the gentleman that the 
    employees have the right to leave, and to come back. Only the 
    Members are affected by the motion.

Reopening Doors

Sec. 6.10 Where the doors to the Chamber were closed and

[[Page 3578]]

    locked during a call of the House pursuant to Rule XV clause 
    2,(2) and the order of the Speaker, they were reopened 
    without further instructions from the Chair when further 
    proceedings under the call were dispensed with.
---------------------------------------------------------------------------
 2. See House Rules and Manual Sec. 768 (1967).
---------------------------------------------------------------------------

    On Oct. 8, 1968,(3) Speaker John W. McCormack, of 
Massachusetts, made a ruling with respect to reopening doors after 
dispensing with further proceedings under the call.
---------------------------------------------------------------------------
 3. 114 Cong. Rec. 30093, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Craig] Hosmer [of California]: Mr. Speaker, a point of 
    order having been made of no quorum, a quorum having been called, 
    and a quorum having been found present, and the further proceedings 
    under the call having been dispensed with, does that mean that the 
    doors of the House are now unlocked?
        The Speaker: The gentleman is correct.

Sec. 6.11 Doors to the House Chamber which had been locked by order of 
    the House pending disposition of certain business, were reopened, 
    pursuant to instructions from the Speaker, as soon as that business 
    was completed.

    On the legislative day of Oct. 8, 1968,(4) the doors to 
the Chamber were reopened after completion of the business pending at 
the time the motion was made, the reading and approval of the Journal.
---------------------------------------------------------------------------
 4. 114 Cong. Rec. 30217, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar 
        Day).
---------------------------------------------------------------------------

        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, I ask the 
    parliamentary inquiry. Are the doors to the Chamber now locked?
        The Speaker: (~5~) In response to the inquiry, the 
    Chair will state that the pertinent part of the motion made by the 
    gentleman from Washington [Mr. Adams], which relates to the inquiry 
    made by the gentleman from Michigan, is:
---------------------------------------------------------------------------
 5. John W. McCormack (Mass.).
---------------------------------------------------------------------------

            That they shall not be allowed to leave the chamber until 
        such time as the pending business--

        The pending business--
        before this chamber on this legislative day shall have been 
        completed.

        As the Chair stated previously in response to a parliamentary 
    inquiry, the pending business was the reading and approval of the 
    Journal of the House. And the Chair, in response to the 
    parliamentary inquiry, reiterates that reply, that the business 
    before the House at that time which was pending was the Journal of 
    the preceding session.
        Accordingly, the doors will be opened.
        Mr. Gerald R. Ford: I thank the distinguished Speaker.

[[Page 3579]]

    Parliamentarian's Note: The doors were reopened after a member of 
the Committee on Rules, Ray J. Madden, of Indiana, called up House 
Resolution 1315, which provided for consideration of a joint resolution 
to suspend for the 1968 campaign the equal-time requirements of section 
315 of the Communications Act of 1934 for President and Vice President.


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 7. The Call in the Committee of the Whole

    This section discusses quorum calls in the Committee of the 
Whole.(6)
---------------------------------------------------------------------------
 6. See Sec. 16, infra, for discussion of the point of order that a 
        quorum is not present in the Committee of the Whole.
---------------------------------------------------------------------------

    Prior to revisions of the rule beginning in the 93d Congress, Rule 
XXIII clause 2 (7) provided that in the absence of a quorum, 
which consists of 100 Members, the Chairman of the Committee of the 
Whole should invoke the procedure for a call of the roll under Rule XV 
clause 5,(8) to record names of Members by electronic 
device, unless, in his discretion, he ordered a call of the Committee 
to be taken under the procedure set forth in Rule XV clause 
2(b),(9) to record names of those present by clerk tellers. 
Following completion of either of these counts, the Committee rose and 
the Chairman reported the names of the absentees to the 
House.(10) Those names were entered on the Journal. If a 
quorum of the Committee had appeared, the Committee resumed its sitting 
without motion. Other provisions to be discussed in more detail in the 
supplement, and presently cited in the annotations appearing in 
Sec. 863 of the House Rules and Manual, relate to changes in clause 2, 
Rule XXIII adopted since the 93d Congress.(11) On Jan. 4, 
1977, clause 2

[[Page 3580]]

was substantially changed to allow quorum calls only under the five 
minute rule where the Chair has put the question on a pending 
proposition, after a quorum of the Committee of the Whole has been once 
established on that day. The clause was amended again in the 96th 
Congress to permit the Committee to continue its business following the 
appearance of a quorum so that the Speaker need not take the chair to 
receive the Committee's report of absentees if a quorum has appeared, 
and to enable the Chairman to reduce to five minutes the period for a 
recorded vote immediately following a regular quorum call. In the 97th 
Congress the rule was amended to allow the Chairman the discretion of 
whether to entertain a point of order of no quorum during general 
debate. The last two sentences of the clause, permitting the Chair to 
vacate proceedings under the call in his discretion when a quorum 
appears, were added in the 93d Congress on Apr. 9, 1974.
---------------------------------------------------------------------------
 7. See House Rules and Manual Sec. 863 (1979).
 8. House Rules and Manual Sec. 774b (1979).
 9. House Rules and Manual Sec. 771b (1979).
10. Rule XXIII clause 2, House Rules and Manual Sec. 863 (1973).
11. Rule XXIII clause 2(a), House Rules and Manual Sec. 863 (1981) 
        provides as follows:
            ``A quorum of a Committee of the Whole shall consist of one 
        hundred Members. The first time that a Committee of the Whole 
        finds itself without a quorum during any day, the Chairman 
        shall invoke the procedure for the call of the roll under 
        clause 5 of Rule XV, unless, in his discretion he orders a call 
        of the Committee to be taken by the procedure set forth in 
        clause 1 or clause 2(b) of Rule XV: Provided, That the Chairman 
        may in his discretion refuse to entertain a point of order that 
        a quorum is not present during general debate only. If on such 
        call, a quorum shall appear, the Committee shall continue its 
        business; but if a quorum does not appear, the Committee shall 
        rise and the Chairman shall report the names of the absentees 
        to the House. After the roll has been once called to establish 
        a quorum during such day, the Chairman may not entertain a 
        point of order that a quorum is not present unless the 
        Committee is operating under the five-minute rule and the 
        Chairman has put the pending motion or proposition to a vote; 
        and if the Chairman sustains a point of order that a quorum is 
        not present after putting the question on such a motion or 
        proposition, he may announce that following a regular quorum 
        call conducted pursuant to the previous provisions of this 
        clause, he will reduce to not less than five minutes the period 
        of time within which a recorded vote on the pending question 
        may be taken if such a vote is ordered. If, at any time during 
        the conduct of any quorum call in a Committee of the Whole, the 
        Chairman determines that a quorum is present, he may, in his 
        discretion and subject to his prior announcement, declare that 
        a quorum is constituted. Proceedings under the call shall then 
        be considered as vacated, and the Committee shall not rise but 
        shall continue its sitting and resume its business.''
---------------------------------------------------------------------------

    The ``automatic'' vote by yeas and nays (12) is not 
permitted in the Committee of the Whole as it is in the House and in 
the House as in Committee of the Whole.(13)
---------------------------------------------------------------------------
12. Rule XV clause 4, House Rules and Manual Sec. 773 (1979).
13. Sec. 7.3, infra, and the annotation to Rule XV clause 4, House 
        Rules and Manual Sec. 774a (1979); see also Sec. 2, supra, for 
        a discussion of the distinctions between an automatic vote by 
        yeas and nays under Rule XV clause 4, and the call of the House 
        on motion under Rule XV clause 2.

---------------------------------------------------------------------------

[[Page 3581]]


In General

Sec. 7.1 Where there is a failure of a quorum in the Committee of the 
    Whole and the roll is called, it is a quorum of the Committee (100) 
    and not of the House which must appear under Rule XXIII clause 
    2.(14)
---------------------------------------------------------------------------
14. See House Rules and Manual Sec. 836 (1979).
---------------------------------------------------------------------------

    On Oct. 12, 1966,(15) a quorum of the Committee of the 
Whole appeared under the following circumstances.
---------------------------------------------------------------------------
15. 112 Cong. Rec. 26247, 26248, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John P.] Saylor [of Pennsylvania]: Mr. Chairman, I make 
    the point of order that a quorum is not present.
        The Chairman: (16) The Chair will count. [After 
    counting.] Ninety-five Members are present, not a quorum.
---------------------------------------------------------------------------
16. David S. King (Utah).
---------------------------------------------------------------------------

        The Clerk will call the roll.
        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. King of Utah, the 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. 12047), 
    and finding itself without a quorum, he had directed the roll to be 
    called, when 211 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. 7.2 Where a Committee of the Whole finds itself without a quorum, 
    the Chair directs the Clerk to call the roll; at the completion 
    thereof the Committee automatically rises and the Chairman reports 
    the result of the roll call and reports the names of the absentees, 
    whereupon the Speaker directs that the names of the absentees be 
    spread upon the Journal and that the Committee resume its session 
    if a quorum has appeared on the roll call.

    On May 14, 1930,(17) the Chairman, Scott Leavitt, of 
Montana, directed the Clerk to call the roll.
---------------------------------------------------------------------------
17. 72 Cong. Rec. 2152, 71st Cong. 2d Sess. See also 74 Cong. Rec. 899, 
        71st Cong. 3d Sess., Dec. 16, 1930.
---------------------------------------------------------------------------

        Mr. [Ross A.] Collins [of Mississippi]: Mr. Chairman, I make 
    the point of order that there is no quorum present.
        The Chairman: The gentleman from Mississippi makes the point of 
    order that there is no quorum present. The Chair will count. [After 
    counting.] Seventy-one Members are present, not a quorum. The Clerk 
    will call the roll.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Chairman: The committee will rise and report to the House.

[[Page 3582]]

        Thereupon the committee rose; and the Speaker pro tempore 
    having resumed the chair, Mr. Leavitt, Chairman of the Committee of 
    the Whole House on the state of the Union, having under 
    consideration the bill (H.R. 2152) to promote the agriculture of 
    the United States by expanding in the foreign field the service now 
    rendered by the United States Department of Agriculture in 
    acquiring and diffusing useful information regarding agriculture, 
    and for other purposes, reported that that committee had found 
    itself without a quorum, that he had ordered the roll to be called, 
    whereupon it was developed that there were present 255 Members, and 
    he submitted the names of the absentees.
        The Speaker Pro Tempore: (18) A quorum is present. 
    The committee will resume its session.
---------------------------------------------------------------------------
18. John Q. Tilson ( Conn.).
---------------------------------------------------------------------------

        The committee resumed its session.

    Parliamentarian's Note: The precedents carried in this section 
predate amendments to the Rules of the House since the 93d Congress 
which limit quorum calls in the Committee of the Whole and which permit 
the Committee to continue its business following the appearance of a 
quorum without the Speaker having to take the Chair. See the 
introduction to this section.

Sec. 7.3 The provisions of Rule XV clause 4,(19) which 
    permit a member to object to a vote where a quorum is not present, 
    are applicable only in the House; an automatic vote by yeas and 
    nays is not in order in the Committee of the Whole.
---------------------------------------------------------------------------
19. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On June 7, 1973,(20) during consideration of H.R. 7446, 
to establish the American Revolution Bicentennial Administration, 
Chairman Henry B. Gonzales, of Texas, clarified the procedures 
applicable in the Committee of the Whole.(1)
---------------------------------------------------------------------------
20. 119 Cong. Rec. 18521, 93d Cong. 1st Sess.
 1. 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.
---------------------------------------------------------------------------

        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

[[Page 3583]]

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

Sec. 7.4 Although an automatic vote by yeas and nays may not be taken 
    in the Committee of the Whole, a Member may make a point of order 
    that a quorum is not present.

    On Feb. 8, 1950,(~2) during consideration of H.R. 2945, 
a bill to adjust postal rates, an objection was raised to a vote in the 
Committee of the Whole.
---------------------------------------------------------------------------
 2. 96 Cong. Rec. 1678, 1679, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: (3) The question is on the amendment 
    to the amendment.
---------------------------------------------------------------------------
 3. Chet Holifield (Calif.).
---------------------------------------------------------------------------

        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.

[[Page 3584]]

        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. 7.5 Although a point of order that a quorum is not present is in 
    order in the Committee of the Whole, it does not precipitate an 
    automatic vote by yeas and nays, notwithstanding the fact that it 
    was raised immediately after a vote on which less than a quorum 
    voted

    See the proceedings of Aug. 21, 1950,(4) during 
consideration in the Committee of the Whole of H.R. 9313, a bill to 
amend the Agricultural Act of 1949.(5)
---------------------------------------------------------------------------
 4. 96 Cong. Rec. 12960, 12961, 81st Cong. 2d Sess.
 5. See Sec. 16.2, infra.
---------------------------------------------------------------------------

Sec. 7.6 In a statement preceding introduction of the electronic voting 
    system, the Speaker announced a revised schedule of the electric 
    bell and light signals, including a provision for votes in the 
    Committee of the Whole.

    On Jan. 15, 1973,(6) Speaker Carl Albert, of Oklahoma, 
announced the revised schedule of legislative electric bell and light 
signals.
---------------------------------------------------------------------------
 6. 119 Cong. Rec. 1055-57, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chair has directed that the bell and light system be 
    utilized in the following manner:
        One bell indicates a teller vote, taken in accordance with 
    clause 5, Rule I (Members indicate their preference by walking up 
    the center aisle and being counted by Members who are named as 
    tellers by the Chair. This is not a recorded vote).
        Two bells indicate an electronically recorded vote, either 
    demanded under the Constitution by one-fifth of those present (in 
    the House) or by one-fifth of a quorum under clause 5, Rule I 
    (either in the House or in Committee of the Whole). Two bells may 
    also indicate a recorded vote under clause 5 Rule I whenever 
    Members are to record their votes by depositing ballot cards in the 
    ``aye'' or ``no'' boxes. The two bells will be repeated five 
    minutes after the first ring to give Members a second notice of the 
    vote in progress.
        Two bells, a brief pause, followed by two bells indicates a yea 
    and nay vote taken under the provisions of Rule XV, clause 1, by a 
    call of the roll. The bells will be sounded again when the Clerk 
    reaches the ``R's'' in the first call of the roll.
        Three bells indicate a quorum call, either by means of the 
    electronic system (Rule XV, clauses 2 and 5) or by means of tellers 
    (Rule XV, clause 2(b)).

[[Page 3585]]

    The bells will be repeated five minutes after the first ring to 
    give Members a second notice of the quorum call in progress.
        Four bells indicate an adjournment of the House.
        Five bells indicate a recess of the House.
        Six bells indicate a civil defense warning.

Counting Members

Sec. 7.7 Where a point of order that a quorum is not present in the 
    Committee of the Whole is made, a motion that the Committee rise is 
    privileged. In the event that the motion is defeated, but by a vote 
    which fails to indicate the presence of a quorum, the Chair may 
    count those present in the Chamber who failed to vote; if those, 
    together with those who did vote, constitute a quorum, the Chair so 
    announces and the Committee proceeds with its business.

    On Jan. 10, 1931,(7) the Chairman, John Q. Tilson, of 
Connecticut, in order to make a quorum, counted Members he observed not 
voting.
---------------------------------------------------------------------------
 7. 74 Cong. Rec. 1946, 71st Cong. 3d Sess.
---------------------------------------------------------------------------

        Mr. [Tilman B.] Parks [of Arkansas]: Mr. Chairman, I make a 
    point of order of no quorum.
        The Chairman: The gentleman from Arkansas [Mr. Parks] makes a 
    point of order that there is no quorum present.
        Mr. [William H.] Stafford [of Wisconsin]: Mr. Chairman, I move 
    that the committee do now rise.
        The Chairman: The gentleman from Wisconsin [Mr. Stafford] moves 
    that the Committee do now rise.
        The question was taken, and the Chairman announced that the 
    noes appeared to have it.
        Mr. Stafford: Mr. Chairman, I ask for tellers on the vote.
        Tellers were ordered and the gentleman from Wisconsin [Mr. 
    Stafford] and the gentleman from Arkansas [Mr. Parks] were 
    appointed tellers.
        The committee again divided, and the tellers reported that 
    there were--ayes 2 and noes 87.
        So the motion to rise was rejected.
        The Chairman: The Chair will count. [After counting.] The Chair 
    has been able to count over 20 Members in the Chamber who did not 
    pass between the tellers. A quorum is present.
        Mr. Parks: Mr. Chairman, a parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Parks: On the report of the tellers there were 87 in the 
    negative and 2 in the affirmative. Is that correct?
        The Chairman: That is correct.
        Mr. Parks: Does the Chair announce that that number constitutes 
    a quorum?
        The Chairman: It is not a quorum, but the Chair counted more 
    than 20 Members who did not pass between the tellers. There are 
    more than 100 Members present in the Chamber at this moment by 
    count of the Chair. A

[[Page 3586]]

    quorum is present, and the gentleman from Mississippi is 
    recognized.

Sec. 7.8 After the Chairman of the Committee of the Whole announced 
    that a quorum was not present, a quorum was established on a teller 
    vote rejecting a motion that the Committee rise.

    On Feb. 28, 1945,(8) during consideration of H. R. 2374, 
the first defense appropriation bill of 1945, a quorum was established 
on a teller vote.
---------------------------------------------------------------------------
 8. 91 Cong. Rec. 1576, 1577, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Francis H.] Case of South Dakota: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: (9) The Chair will count. [After 
    counting.] Fifty-eight Members are present, not a quorum.
---------------------------------------------------------------------------
 9. John J. Sparkman (Ala.).
---------------------------------------------------------------------------

        Mr. [Clarence] Cannon of Missouri: Mr. Chairman, I move that 
    the Committee do now rise.
        The Chairman: The question is on the motion offered by the 
    gentleman from Missouri.
        The question was taken; and on a division (demanded by Mr. 
    Cannon of Missouri) there were--ayes 27, noes 52.
        Mr. Cannon of Missouri: Mr. Chairman, I demand tellers.
        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Cannon of Missouri and Mr. Taber.
        The Committee again divided; and the tellers reported that 
    there were--ayes 57, noes 61.
        So the motion was rejected.
        The Chairman: A quorum is present. The gentleman from New York 
    is recognized.

Sec. 7.9 Parliamentarian's Note: The Chair's count of a quorum is not 
    subject to verification or appeal, and in recent practice, the 
    Chair has refused to recognize a demand for tellers to verify his 
    count of a quorum.

    On May 20, 1949,(10) during consideration of H.R. 4591, 
providing for pay, allowances, and physical disability retirement for 
members of the armed forces, the Chair (11) refused tellers.
---------------------------------------------------------------------------
10. 95 Cong Rec. 6556, 81st Cong. 1st Sess. See also 8 Cannon's 
        Precedents Sec. Sec. 3112-3118.
11. Oren Harris (Ark.).
---------------------------------------------------------------------------

        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.] One 
    hundred and five Members are present, a quorum.
        Mr. [Carl] Vinson [of Georgia]: Mr. Chairman, I demand tellers.
        The Chairman: The gentleman from Georgia has demanded tellers. 
    The gentleman from Wisconsin made the point of order that a quorum 
    was not present. The Chair counted 105 Members present. At this 
    time there is no question before the House on which tellers can be 
    ordered.

[[Page 3587]]

Sec. 7.10 The Chair kept a constant count of the Members present in a 
    Committee of the Whole to forestall counting due to points of no 
    quorum and his count was not subject to challenge by a demand for 
    tellers thereon.

    On May 4, 1933,(12) during consideration of H.R. 5390, a 
deficiency appropriation bill, Chairman Sam D. McReynolds, of 
Tennessee, kept a constant count of Members.
---------------------------------------------------------------------------
12. 77 Cong. Rec. 2894, 73d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [T. Jeff] Busby [of Mississippi]: Mr. Chairman, I make the 
    point of order that there is not a quorum present. I think this is 
    going to be a good speech.
        The Chairman: The Chair will count. [After counting.] One 
    hundred and ten gentlemen present, a quorum.
        Mr. Busby: Mr. Chairman
        The Chairman: The Chair has kept the House counted with a view 
    to being able to state how many gentlemen are in the Chamber.
        Mr. Busby: Mr. Chairman, I have some rights in this matter, and 
    they are not to be dealt with in this sort of way.
        Mr. [Edward W.] Goss [of Connecticut]: Mr. Chairman, I make the 
    point of order that there can be no appeal from the decision of the 
    Chair.
        Mr. Busby: I ask for tellers on the count of the Chair.
        The Chairman: The Chair will state for the information of the 
    Committee that the Chair has been sitting here counting the House, 
    and has kept a memorandum of the number. There were 92 gentlemen in 
    the House when the point was made, and some 15 or 20 have come in 
    from the cloakroom since.
        Mr. Busby: Mr. Chairman, I ask for tellers on the count of the 
    Chair.
        The Chairman: It is only necessary for the Chair to announce 
    the number present.
        Mr. Busby: I ask for tellers on the count of the Chair. Does 
    the Chair refuse to proceed?
        Mr. Goss: Mr. Chairman, I make the point of order there can be 
    no appeal from the decision of the Chair.
        The Chairman: The point of order is sustained, and the 
    gentleman from Minnesota will proceed.

The Motion to Rise

Sec. 7.11 In the Committee of the Whole a quorum is not required on a 
    motion to rise.

    On May 31, 1972,(13) during consideration of H.R. 13918, 
a bill to provide improved financing for the corporation for public 
broadcasting, Chairman Robert N. Giaimo, of Connecticut, ruled out of 
order a point of no quorum while a motion to rise was pending.
---------------------------------------------------------------------------
13. 118 Cong. Rec. 19353, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        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.

[[Page 3588]]

        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.

Sec. 7.12 Pending the Chair's count of a quorum, a motion that the 
    Committee of the Whole rise is in order because that motion does 
    not require a quorum for adoption.

    On June 4, 1948,(14) the Chairman, W. Sterling Cole, of 
New York, stated that a motion that the Committee rise does not require 
a quorum.(15)
---------------------------------------------------------------------------
14. 94 Cong. Rec. 7178, 80th Cong. 2d Sess.
15. See also 80 Cong. Rec. 3459, 74th Cong. 2d Sess., Mar. 9, 1936.
---------------------------------------------------------------------------

        Mr. [Harold D.] Cooley [of North Carolina]: Mr. Chairman, I 
    make the point of order that a quorum is not present.
        The Chairman: The Chair will count.
        Mr. [John] Taber [of New York]: Mr. Chairman, I move that the 
    Committee rise.
        The Chairman: The question is on the motion offered by the 
    gentleman from New York.
        Mr. Taber: Mr. Chairman, on that I demand tellers.
        Mr. Cooley: Mr. Chairman, a parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Cooley: Is the motion of the gentleman from New York in 
    order pending the determination as regards the presence of a 
    quorum?
        The Chairman: The gentleman's motion is in order. A quorum is 
    not necessary upon a motion that the Committee rise.
        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Taber and Mr. Cannon.
        The Committee divided; and the tellers reported that there 
    were--aye 1, noes 64.
        So the motion was rejected.
        The Chairman: Evidently a quorum is not present.
        The Clerk will call the roll.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .

Sec. 7.13 Where a point of order is made that a quorum is not present 
    in the Committee of

[[Page 3589]]

    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.(16)
---------------------------------------------------------------------------
16. See House Rules and Manual Sec. 863 (1979).
---------------------------------------------------------------------------

                                    

      Instance where a quorum was established (on a teller vote) on the 
    vote by which the Committee of the Whole rejected a motion to rise 
    and the Committee then continued its business.

    On May 26, 1966,(17) during consideration of H.R. 13712, 
the fair labor standards amendments of 1966, the Committee of the Whole 
resumed business after a teller vote.(1)
---------------------------------------------------------------------------
17. 112 Cong. Rec. 11621, 89th Cong. 2d Sess.
 1. See also 74 Cong. Rec. 886, 71st Cong. 3d Sess., Dec. 16, 1930, for 
        another illustration of this principle.
---------------------------------------------------------------------------

        Mr. [Leslie C.] Arends [of Illinois]: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: (2) The Chair will count. [After 
    counting.] Sixty-seven Members are present, not a quorum.
---------------------------------------------------------------------------
 2. 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 that 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.

Consequences of Refusal to Rise

Sec. 7.14 Where a Committee of the Whole finds itself without a quorum 
    and on motion refuses to rise, the Chair directs the Clerk to call 
    the roll under Rule XXIII clause 2.(3)
---------------------------------------------------------------------------
 3. See House Rules and Manual Sec. 863 (1979).
---------------------------------------------------------------------------

    On May 3, 1933,(4) during consideration of H.R. 5390, 
the third deficiency appropriation bill, the Chairman, Sam D. 
McReynolds, of Tennessee, directed the Clerk to call the roll.
---------------------------------------------------------------------------
 4. 77 Cong. Rec. 2834, 73d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chairman: The Chair will count only Members. The Chair will 
    count. [After counting.] One hundred and one Members present, a 
    quorum. . . .
        Mr. [William A.] Ayres of Kansas: Mr. Chairman, I yield 15 
    minutes to

[[Page 3590]]

    the gentleman from Ohio [Mr. Truax]. . . .
        Mr. [T. Jeff] Busby [of Mississippi]: Mr. Chairman, a quorum 
    evidently is not present. I make the point of order that a quorum 
    is not present. We should not be proceeding with a handful of 
    Members. I am going to insist that a quorum remain present.
        The Chairman: The Chair will count. [After counting.] Sixty-
    eight Members are present; not a quorum.
        Mr. Ayers of Kansas: Mr. Chairman, I move that the Committee do 
    now rise.
        The question was taken, and the Chairman announced that the 
    noes seemed to have it.
        Mr. [Joseph W.] Byrns [of Tennessee]: Mr. Chairman, I ask for 
    tellers.
        Tellers were ordered, and the Chair appointed Mr. Ayres of 
    Kansas and Mr. Busby to act as tellers.
        The Committee divided; and the tellers reported there were ayes 
    1 and noes 76.
        So the motion was rejected.
        The Chairman: Evidently there is not a quorum present. The 
    Clerk will call the roll.
        Mr. Busby: Mr. Chairman, a parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Busby: Is the roll call automatic?

        The Chairman: There is no automatic roll call.
        Mr. Busby: I understand no motion has been made that there be a 
    call of the House.
        The Chairman: The gentleman from Mississippi [Mr. Busby] 
    suggested that there was not a quorum present. No quorum is 
    present. The Committee has refused to rise. The Clerk will call the 
    roll.
        Mr. Busby: Mr. Chairman, I make the point of order that the 
    roll call is not in order, because there is no authority for a roll 
    call in Committee of the Whole.
        The Chairman: The Chair overrules the point of order. The Clerk 
    will call the roll.
    The Clerk called the roll, and the following Members failed to 
answer to their names: . . .

Proceedings When Committee of the Whole Rises

Sec. 7.15 Where the Committee of the Whole rises and The Chairman 
    thereof reports to the House that, pursuant to Rule XXIII clause 
    2,(5) he caused the roll to be called in Committee to 
    establish the presence of a quorum, the House automatically 
    resolves back into Committee.
---------------------------------------------------------------------------
 5. See House Rules and Manual Sec. 863 (1979).
---------------------------------------------------------------------------

    On Apr. 6, 1967,(6) the House, after receiving a report 
from The Chairman of the Committee of the Whole, resolved itself back 
into the Committee.(7)
---------------------------------------------------------------------------
 6. 113 Cong. Rec. 8600, 90th Cong. 1st Sess.
 7. See also 115 Cong. Rec. 9705, 91st Cong. 1st Sess., Apr. 21, 1969, 
        for another illustration of this principle.

---------------------------------------------------------------------------

[[Page 3591]]

        Mr. [Wayne L.] Hays [of Ohio]: Mr. Chairman, I make the point 
    of order that a quorum is not present.
        The Chairman: (8) The Chair will count. [After 
    counting.] A quorum is not present. The Clerk will call the roll.
---------------------------------------------------------------------------
 8. 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. 7.16 The Speaker does not conduct any business, even the reception 
    of a message, while he occupies the chair to receive the report of 
    The Chairman of the Committee of the Whole pursuant to Rule XXIII 
    clause 2.(9)
---------------------------------------------------------------------------
 9. See House Rules and Manual Sec. 863 (1979).
---------------------------------------------------------------------------

    On Apr. 21, 1969,(10) Speaker John W. McCormack, of 
Massachusetts, conducted no business other than to receive the report 
of the Chairman of the Committee of the Whole, when the Committee rose 
following a call of the Committee (under Rule XV clause 2). Immediately 
after the Committee resumed its sitting, it rose informally to permit 
the Speaker on behalf of the House to receive a message.
---------------------------------------------------------------------------
10. 115 Cong. Rec. 9705, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Frank E.] Evans of Colorado: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: (11) The Chair will count.
---------------------------------------------------------------------------
11. Charles M. Price (Ill.).
---------------------------------------------------------------------------

        Forty Members are present, not a quorum. The Clerk will call 
    the roll.
        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. Price of Illinois, 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. 541, and 
    finding itself without a quorum, he had directed the roll to be 
    called, when 325 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.
        The Chairman: The Committee will rise informally in order that 
    the House may receive a message.

                         Message From the President

        The Speaker assumed the chair.

[[Page 3592]]

        The Speaker: The Chair will receive a message.
        A message in writing from the President of the United States 
    was communicated to the House by Mr. Geisler, one of his 
    secretaries.
        The Speaker: The Committee will resume its sitting.

Sec. 7.17 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,(12) immediately directs the Committee to resume its 
    sitting and does not entertain points of no quorum.
---------------------------------------------------------------------------
12. See House Rules and Manual Sec. 863 (1979).
---------------------------------------------------------------------------

    On Aug. 2, 1967,(13) the Speaker pro tempore 
(14)  refused to entertain a point of no quorum 
(1) under the following circumstances:
---------------------------------------------------------------------------
13. 113 Cong. Rec. 21095, 90th Cong. 1st Sess.
14. Carl Albert (Okla.).
 1. But see 6 Cannon's Precedents Sec. Sec. 666, 667, in which points 
        of no quorum were permitted following a rise of the Committee 
        but before the Chairmen reported to the House. Those cases, 
        however, are distinguishable from this precedent because in 
        both instances the Committees had completed consideration of 
        bills and the Chairmen had been instructed to report the 
        Committee's conclusions.
---------------------------------------------------------------------------

        Mr. [Joe D.] Waggonner [Jr., of Louisiana]: Mr. Chairman, I 
    make the point of order that a quorum is not present.
        The Chairman: (2) The Chair will count.
---------------------------------------------------------------------------
 2. Daniel D. Rostenkowski (Ill.).
---------------------------------------------------------------------------

        Evidently a quorum is not present. The Clerk will call the 
    roll.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        Accordingly the Committee rose; and the Speaker pro tempore 
    (Mr. Albert) having resumed the chair, Mr. Rostenkowski, 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. 5037, and finding itself without a quorum, he had 
    directed the roll to be called, when 388 Members responded to their 
    names, a quorum, and he submitted herewith the names of the 
    absentees to be spread upon the Journal.
        Mr. Waggonner: Mr. Speaker----
        The Speaker Pro Tempore: For what purpose does the gentleman 
    from Louisiana rise?
        Mr. Waggonner: Mr. Speaker, I make the point of order that a 
    quorum is not present.
        The Speaker Pro Tempore: That point of order is out of order. 
    The Chair has just announced a quorum.
        The Committee resumed its sitting.

Sec. 7.18 Where the Committee of the Whole resumed its sitting upon the 
    establishment of a quorum, the pending question was the ordering of 
    tell

[[Page 3593]]

    ers which were demanded immediately prior to the point of no 
    quorum.

    On Mar. 23, 1970,(3) the Committee of the Whole resumed 
its sitting after the Chairman reported to the House that a quorum had 
appeared. When the Committee resumed its sitting, the pending business, 
the ordering of tellers, was considered.
---------------------------------------------------------------------------
 3. 116 Cong. Rec. 8562, 8563, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: (4) The question is on the motion [to 
    amend H.R. 15728, to permit the President to loan one submarine to 
    Pakistan] offered by the gentleman from New York (Mr. Koch).
---------------------------------------------------------------------------
 4. William J. Bryan Dorn (S.C.).
---------------------------------------------------------------------------

        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. . . .
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        Accordingly the Committee rose; and the Speaker pro tempore 
    (Mr. Price of Illinois) having resumed the chair, Mr. Dorn, 
    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. 15728, and finding itself without a quorum, he had 
    directed the roll to be called, when 329 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.
        Mr. [L. Mendel] Rivers [of South Carolina]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman from South Carolina will state his 
    parliamentary inquiry.
        Mr. Rivers: Is the first order of business the ordering of 
    tellers?
        The Chairman: The gentleman is correct. When the point of order 
    was made that a quorum was not present, the gentleman from New York 
    (Mr. Koch) had demanded tellers. The question before the Committee 
    is on the question of ordering tellers.
        Tellers were refused.
        So the motion was rejected.

Point of No Quorum as Related to the Demand for Tellers

Sec. 7.19 After a point of no quorum was made, the Chairman of the 
    Committee of the Whole indicated that he would not recognize a 
    demand for a teller vote unless the point of order was withdrawn or 
    a quorum established.

    On Aug. 21, 1950,(5) during consideration of H.R. 9313, 
a bill to
---------------------------------------------------------------------------
 5. 96 Cong. Rec. 12960, 12961, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3594]]

amend the Agricultural Act of 1949, a demand for a teller vote was not 
entertained.

        The Chairman: (6) The question is on the amendment 
    offered by the gentleman from Georgia [Mr. Davis].
---------------------------------------------------------------------------
 6. 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.
        Mr. Davis of Georgia: Mr. Chairman, another parliamentary 
    inquiry.
        The Chairman: The gentleman will state it.
        Mr. Davis of Georgia: Mr. Chairman, if I withdraw the point of 
    order and ask for tellers, can I then obtain tellers if a 
    sufficient number rises?
        The Chairman: The gentleman is correct. . . .
        Mr. Davis of Georgia: Mr. Chairman, a further parliamentary 
    inquiry.
        The Chairman: The gentleman will state it.
        Mr. Davis of Georgia: Can the motion for tellers be made after 
    a quorum is present?
        The Chairman: Yes.

Sec. 7.20 Where a Member, following a vote on an amendment, demands 
    tellers and then immediately thereafter makes a point of order that 
    a quorum is not present, the Chairman of the Committee of the Whole 
    orders the Clerk to call the roll to establish Members' presence.

    On Mar. 23, 1970,(7) Chairman W. J. Bryan Dorn, of South 
Carolina, ordered the Clerk to call the roll because a point of no 
quorum supersedes a demand for tellers.
---------------------------------------------------------------------------
 7. 116 Cong. Rec. 8562, 8563, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: The question is on the motion [to amend H.R. 
    15728, to

[[Page 3595]]

    permit the President to loan one submarine to Pakistan] offered by 
    the gentleman from New York (Mr. Koch).
        The question was taken; and on a division (demanded by Mr. 
    Koch), 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.
        The Clerk will call the roll.


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 8. Motions During the Call--To Adjourn

    This section discusses the motion to adjourn only as it relates to 
quorums and calls of the House.(8) Article I, section 5 of 
the Constitution (9) provides that ``. . . a Majority of 
each [House] shall constitute a Quorum to do Business; but a smaller 
Number may adjourn from day to day. . . .''
---------------------------------------------------------------------------
 8. See Ch. 40, infra, for discussion of adjournment generally.
 9. House Rules and Manual Sec. Sec. 52-57 (1979).
---------------------------------------------------------------------------

    The rule which authorizes calls of the House on motion 
(10) does not mention adjournment. The rule which authorizes 
automatic votes by the yeas and nays,(11) however, provides 
that in the absence of a quorum ``unless the House shall adjourn,'' 
there shall be a call of the House. Furthermore, the Speaker may 
entertain a motion to adjourn after the call has been completed, if the 
motion
---------------------------------------------------------------------------
10. Rule XV clause 2(a), House Rules and Manual Sec. 768 (1979).
11. Rule XV clause 4, House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

[[Page 3596]]

has been seconded by a majority of those present, to be ascertained by 
actual count of the Speaker.(12) If the House adjourns, all 
proceedings under Rule XV clause 4,(13) are vacated; this 
provision has been interpreted to mean voiding the vote taken by the 
yeas and nays, but not deleting the record of proceedings from the 
Record and Journal.(14)
---------------------------------------------------------------------------
12. Id. See also Sec. 8.1, infra.
13. House Rules and Manual Sec. 773 (1979).
14. Sec. 2.22, supra.
---------------------------------------------------------------------------

    Although a quorum is not required on a motion to 
adjourn,(15) it is required on a resolution providing for 
adjournment sine die (l6) (but not on a motion to adjourn 
which implements such a resolution).(17)
---------------------------------------------------------------------------
15. Sec. Sec. 8.7, 8.8, infra.
16. Sec. 8.9, infra.
17. Sec. 8.10, infra.
---------------------------------------------------------------------------

    An affirmative vote to adjourn by less than a quorum does not 
invoke an automatic roll call,(18) but the lack of a quorum 
on a negative vote on adjournment invokes a call.(~19~)
---------------------------------------------------------------------------
18. Sec. 8.11, infra.
19. Sec. 8.13, infra.
---------------------------------------------------------------------------

    The motion to adjourn is highly privileged. In the absence of a 
quorum, no motion is in order but a motion for a call of the House or a 
motion to adjourn.(20) Because the motion to adjourn takes 
precedence over a motion for a call of the House, the vote on 
adjournment is taken before the call of the House even when the motion 
for the call was offered but not finally agreed to prior to the motion 
to adjourn.(21) The motion to adjourn may even be offered 
when the House is dividing on a motion for a call of the House 
(22) and takes precedence over a motion to dispense with 
further proceedings under the call.(1)
---------------------------------------------------------------------------
20. Sec. 8.14, infra.
21.  Sec. Sec. 8.14, 8.15, infra.
22. 8 Cannon's Precedents Sec. 2644.
 1. 8 Cannon's Precedents 
        Sec. 2643.                          -------------------
---------------------------------------------------------------------------

Need for Second

Sec. 8.1 A motion to adjourn, after an automatic roll call has 
    disclosed the absence of a quorum, must be seconded by a majority 
    of those present to be ascertained by actual count of the Chair by 
    a division vote prior to a vote on the motion to adjourn itself.

    On Oct. 10, 1940,(2) during consideration of a veto 
message on H.R. 7179, a bill to provide for the naturalization of Louis 
D. Friedman, Speaker William B.
---------------------------------------------------------------------------
 2. 86 Cong. Rec. 13534, 13535, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

[[Page 3597]]

Bankhead, of Alabama, entertained a motion to adjourn.(3)
---------------------------------------------------------------------------
 3. Seconding by a majority is required by Rule XV clause 4, House 
        Rules and Manual Sec. 773 (1979); there is no specific 
        seconding requirement for calls of the House on motions which 
        are authorized by Rule XV clause 2(a), House Rules and Manual 
        Sec. 768 (1979), but such motions must be adopted by a 
        majority, at least 15 voting in the affirmative.
---------------------------------------------------------------------------

        The Speaker:  . . . The question is on the motion of the 
    gentleman from New York [Mr. Dickstein] that the bill and the 
    message together with the accompanying papers be referred to the 
    Committee on Immigration and Naturalization.
        The question was taken; and on a division (demanded by Mr. 
    Dickstein) there were--ayes 17, noes 62.
        Mr. [Pehr G.] Holmes [of Massachusetts]: Mr. Speaker, I object 
    to the vote on the ground a quorum is not present.
        Mr. [Samuel] Dickstein: Mr. Speaker, I was on my feet. I object 
    to the vote on the ground a quorum is not present.
        The Speaker: The gentleman from New York [Mr. Dickstein] 
    objects to the vote on the ground there is not a quorum present. 
    The gentleman from Massachusetts [Mr. Holmes] objects to the vote 
    on the same ground. 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 108, nays 105, not 
    voting 216, as follows: . . .
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker----
        The Speaker: The gentleman from Massachusetts.
        Mr. McCormack: Mr. Speaker, may I inquire the result of the 
    roll call just taken?
        The Speaker: On this roll call 213 Members have answered--108 
    yeas and 105 nays. This is 3 short of a quorum.

                                Adjournment

        Mr. McCormack: Mr. Speaker, in view of the situation that 
    exists, which is obvious to all of us, and of necessity, I move 
    that the House do now adjourn.
        Mr. [John C.] Schafer of Wisconsin: Mr. Speaker, I demand a 
    second to the motion.
        The Speaker: Under the rule the demand for a second is in 
    order. The question is on ordering a second.
        The question was taken; and there were--ayes 144, noes 3.
        So a second was ordered.
        Mr. Dickstein: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Dickstein: The vote on the motion to refer the bill to the 
    committee being yeas 108, nays 105, what will happen to the motion 
    if the House adjourns?
        The Speaker: The motion will be the continuing business before 
    the House when it convenes on Monday.
        The question is on the motion to adjourn.
        The motion was agreed to; accordingly (at 2 o'clock and 35 
    minutes p.m.) the House, pursuant to its previous order, adjourned 
    until Monday, October 14, 1940, at 12 o'clock noon.

[[Page 3598]]

Effect of Adjournment on Pending Business

Sec. 8.2 Where a quorum fails to respond on an automatic roll call on a 
    pending resolution and the House adjourns, the unfinished business 
    when the House again convenes is the vote on the resolution; and 
    the Speaker puts the question de novo.

    On Oct. 19, 1966,(4) Speaker John W. McCormack, of 
Massachusetts, after the opening prayer, approval of the Journal, and 
reading of messages from the President and Senate, proceeded 
immediately to the vote on a resolution which was pending the previous 
day when the House adjourned because a quorum had failed to respond on 
an automatic vote by the yeas and nays.
---------------------------------------------------------------------------
 4. 112 Cong. Rec. 27640, 27641, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

         Announcement by the Speaker--Disposing of Pending Business

        The Speaker: The Chair will receive unanimous-consent requests, 
    after the disposition of pending business.
        The unfinished business is the vote on agreeing to the 
    resolution (H. Res. 1062) certifying the report of the Committee on 
    Un-American Activities as to the failures of Jeremiah Stamler to 
    give testimony before a duly authorized subcommittee of said 
    committee.
        The Clerk read the title of the resolution.

                             Call of the House

        Mr. [Don] Edwards of California: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker: The gentleman from California makes the point of 
    order that a straight quorum is not present, or does the gentleman 
    make the point of order on the resolution?
        Mr. Edwards of California: Mr. Speaker, I make the point of 
    order that a straight quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. [Wilbur D.] Mills [of Arkansas]: 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 280 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

                    Proceedings Against Jeremiah Stamler

        The Speaker: The unfinished business is the vote on agreeing to 
    the resolution (H. Res. 1062) certifying the report of the 
    Committee on Un-American Activities as to the failures of Jeremiah 
    Stamler to give testimony before a duly authorized subcommittee of 
    said committee.
        The Clerk read the title of the resolution.
        The Speaker: The question is on the resolution.
        The question was taken; and on a division (demanded by Mr. 
    Williams) there were--ayes 92, noes 34.

[[Page 3599]]

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I 
    object to the vote on the ground that a quorum is not present and 
    make the point of order that a quorum is not present.
        The Speaker: 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 219, nays 69, not 
    voting 144, as follows: . . .
        So the resolution was agreed to.

Calls of the House After Voting on Adjournment

Sec. 8.3 A quorum not being present, a motion by the Majority Leader to 
    adjourn was defeated and a call of the House was ordered; the 
    Speaker directed his name to be called to make a quorum.

    On Nov. 13, 1943,(5) a call of the House was ordered 
after defeat of the motion to adjourn offered by the Majority Leader, 
John W. McCormack, of Massachusetts.(6)
---------------------------------------------------------------------------
 5. 89 Cong. Rec. 9478, 78th Cong 1st Sess.
 6. See also 105 Cong. Rec. 3432, 86th Cong. 1st Sess., Mar. 5, 1959.
---------------------------------------------------------------------------

        Mr. [Pete] Jarman [of Alabama]: Mr. Speaker, I think we ought 
    to have a quorum present, and I make the point of order that there 
    is no quorum present.
        The Speaker Pro Tempore: The gentleman from Alabama makes the 
    point of order that there is no quorum present. The Chair will 
    count.
        Mr. Jarman (interrupting the count): Mr. Speaker, I withdraw 
    the point of order.
        Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Speaker, I renew the 
    point of order and make the point that there is no quorum present.
        The Speaker: (7) The gentleman from Wisconsin makes 
    the point of order. The Chair will count. [After counting.] Sixty-
    eight Members present, not a quorum.
---------------------------------------------------------------------------
 7. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        Mr. McCormack: Mr. Speaker, I move that the House do now 
    adjourn.
        The Speaker: The question is on the motion of the gentleman 
    from Massachusetts that the House do now adjourn.
        The question was taken; and on a division (demanded by Mr. 
    Mundt) there were--ayes 25, noes 41.
        So the motion was rejected.
        Mr. McCormack: Mr. Speaker, I move a call of the House.
        The motion was agreed to.
        The Clerk called the roll and the following Members failed to 
    answer to their names: . . .
        The Speaker: The Clerk will call my name.
        The Clerk called the name of Mr. Rayburn and he answered 
    ``present.''
        The Speaker: On this call 217 members have answered to their 
    names. A quorum is present.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

Sec. 8.4 A yea and nay negative vote on a motion to adjourn

[[Page 3600]]

    having disclosed the presence of a quorum, the Majority Leader 
    withdrew his pending motion for a call of the House.

    On June 4, 1963,(8) the Majority Leader, Carl Albert, of 
Oklahoma, withdrew his pending motion to adjourn.
---------------------------------------------------------------------------
 8. 109 Cong. Rec. 10155, 10156, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I make 
    the point of order that a quorum is not present.
        The Speaker: (9) Evidently a quorum is not present.
---------------------------------------------------------------------------
 9. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. Albert: Mr. Speaker, I move a call of the House.
        Mr. [James] Roosevelt [of California]: Mr. Speaker----
        The Speaker: For what purpose does the gentleman from 
    California rise?
        Mr. Roosevelt: Mr. Speaker, I move that the House do now 
    adjourn.
        The Speaker: The question is on the motion to adjourn.
        The question was taken, and on a division (demanded by Mr. 
    Williams) there were--ayes 98, noes 105.
        Mr. Williams: Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 53, nays 277, not 
    voting 103, as follows: .
        Mr. Albert: I withdraw my motion for a call of the House, Mr. 
    Speaker.
        The Speaker: The motion is withdrawn.

Sec. 8.5 A point of no quorum having been made and a motion to adjourn 
    having been defeated on a division vote, a call of the House was 
    moved and agreed to.

    On Mar. 5, 1959,(10) a call of the House was moved and 
agreed to.(11)
---------------------------------------------------------------------------
10. 105 Cong. Rec. 3432, 86th Cong. 1st Sess.
11. See also, for example, 89 Cong. Rec. 9478, 78th Cong. 1st Sess., 
        Nov. 13, 1943.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (12) Under previous order 
    of the House, the gentleman from Massachusetts [Mr. O'Neill] is 
    recognized for 30 minutes.
---------------------------------------------------------------------------
12. Thomas J. Lane (Mass.).
---------------------------------------------------------------------------

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, a point 
    of order. The gentleman from Massachusetts has indicated to me that 
    he desires to speak on the subject of an election contest. That 
    being a matter upon which the entire membership of the House should 
    be informed, I make the point of order that a quorum is not 
    present.(13)
---------------------------------------------------------------------------
13. See supplements to this edition for discussion of more recent 
        provisions effective in the 93d Congress on Apr. 9, 1974, to 
        the effect that after the presence of a quorum has been once 
        ascertained on any day, a point of order of no quorum may not 
        be entertained during the period of the day when the Speaker 
        recognizes Members to address the House under special orders, 
        with no measure or matter then under consideration for 
        disposition by the House. See also Rule XV clause 6(c)(3) 
        [House Rules and Manual Sec. 774c (1979)].

---------------------------------------------------------------------------

[[Page 3601]]

        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, will the gentleman 
    withhold that for a moment?
        Mr. Williams: I withhold the point of order.
        Mr. Hays: Mr. Speaker, I would like to say to the gentleman if 
    this is going to be the practice there will be no more special 
    orders by the gentleman or any of his friends.
        Mr. Williams: Mr. Speaker, I renew the point of order.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, if the gentleman 
    insists on his point of order I shall feel obliged to move to 
    adjourn the House. Does the gentleman insist on his point of order?
        Mr. Williams: Mr. Speaker, I do not think this speech should be 
    made without the membership of the House being present and I insist 
    on the point of order.
        Mr. Albert: Mr. Speaker, I move that the House do now adjourn.
        The question was taken; and on a division (demanded by Mr. 
    Albert) there were ayes 6, noes 47.
        So the motion was rejected.

                             Call of the House

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

Effect on Questions of Privilege

Sec. 8.6 Where a Member objects to a negative vote on a motion to 
    adjourn on the ground that a quorum is not present, the Chair will 
    not entertain a question of privilege pending disposition of the 
    point of no quorum.

    On Apr. 15, 1970,(14) Speaker pro tempore Charles M. 
Price, of Illinois, refused to entertain a question of personal 
privilege where the House had just refused to adjourn and objection had 
been raised to that vote on the ground that a quorum was not present.
---------------------------------------------------------------------------
14. 116 Cong. Rec. 11940, 11941, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, I move that the 
    House do now adjourn.
        The Speaker Pro Tempore: The question is on the motion offered 
    by the gentleman from Ohio.
        The question was taken, and the Speaker pro tempore announced 
    that the noes appeared to have it.
        Mr. Hays: Mr. Speaker, I object to the vote on the ground that 
    a quorum is not present and make the point of order that a quorum 
    is not present.
        Mr. Justice Douglas has been on the Bench for a great many 
    years, and he can wait for one more night. I have not had my 
    dinner.
        The Speaker Pro Tempore: The Chair will count.
        Mr. Hays: Mr. Speaker, I am willing to withhold my motion if 
    the gentleman wants to ask permission to insert his remarks, but 
    obviously all these speeches were written by the

[[Page 3602]]

    same author, and I do not think we ought to have to sit here and 
    listen to them.
        Mr. [William L.] Scott [of Virginia]: Mr. Speaker, if the 
    gentleman will yield, my remarks will not take more than 10 
    minutes.
        Mr. Hays: I have been hearing that for a long time now.
        Mr. [Louis C.] Wyman [of New Hampshire]: Mr. Speaker, I rise to 
    a point of special privilege.
        The Speaker Pro Tempore: There is a motion pending.
        Mr. Hays: Mr. Speaker, I insist on the point of order.
        The Speaker Pro Tempore: The gentleman from Ohio insists on the 
    point of 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.
        The question was taken; and there were--yeas 81, nays 75, not 
    voting 274, as follows: . . .
        So the motion was agreed to.

Matters Requiring a Quorum

Sec. 8.7 Motions to adjourn do not require a quorum for adoption.

    On Dec. 30, 1970,(1) Speaker pro tempore Wilbur D. 
Mills, of Arkansas, made a ruling regarding a quorum on a motion to 
adjourn.(2)
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 44190, 91st Cong. 2d Sess.
 2. See also, for example, 109 Cong. Rec. 24634, 88th Cong. 1st Sess., 
        Dec. 14, 1963; 109 Cong. Rec. 10674, 10675, 88th Cong. 1st 
        Sess., June 11, 1963; and 87 Cong. Rec. 4320, 77th Cong. 1st 
        Sess., May 21, 1941.
---------------------------------------------------------------------------

        Mr. [W.C.] Daniel of Virginia: Mr. Speaker, I move that the 
    House do now adjourn.
        The Speaker Pro Tempore: The question is on the motion to 
    adjourn.
        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker----
        The Speaker Pro Tempore: The Chair would request that the 
    gentleman from Missouri permit the Chair to put the question.
        The question was taken; and the Speaker pro tempore announced 
    that the ayes had it. . . .
        Mr. [John E.] Hunt [of New Jersey]: Mr. Speaker, I object to 
    the vote on the ground that a quorum is not present and make the 
    point of order that a quorum is not present.
        The Speaker Pro Tempore: The Chair announced that the ayes had 
    it.
        Mr. Hunt: Mr. Speaker, I was seeking recognition and I was on 
    my feet.
        The Speaker Pro Tempore: The Chair will advise the gentleman 
    from New Jersey that a quorum is not required in order to adjourn 
    the House.
        The House stands adjourned until 12 o'clock tomorrow.

Sec. 8.8 A quorum is not required to vote for adjournment and an 
    objection to an affirmative vote on that ground is not entertained.

    On May 6, 1950,(3) Speaker pro tempore John W. 
McCormack, of
---------------------------------------------------------------------------
 3. 96 Cong. Rec. 6568, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3603]]

Massachusetts, refused to entertain an objection to a vote on a motion 
to adjourn.(4)
---------------------------------------------------------------------------
 4. See also 95 Cong. Rec. 10092, 81st Cong. 1st Sess., July 25, 1949.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, I renew my 
    motion that the House do now adjourn.
        The Speaker Pro Tempore: The question is on the motion.
        The question was taken; and on a division (demanded by Mr. 
    Rankin) there were--ayes 51, noes 44.
        Mr. [Mike] Mansfield [of Montana]: Mr. Speaker, I object to the 
    vote on the ground a quorum is not present.
        Mr. Rankin: Mr. Speaker, a point of order. A quorum is not 
    necessary on a motion to adjourn.
        The Speaker Pro Tempore: The Chair cannot entertain that.
        Mr. [Jere] Cooper [of Tennessee]: Mr. Speaker, I demand the 
    yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 98, nays 170, not 
    voting 162.

Sec. 8.9 A quorum is required on the vote agreeing to a resolution 
    providing for the adjournment of the Congress sine die.

    On July 16, 1932,(5) the Chair made a ruling regarding 
the need for a quorum for an adjournment sine die.
---------------------------------------------------------------------------
 5. 75 Cong. Rec. 15753, 72d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (6) Will the House permit 
    the Chair to make a statement? It requires a majority of this House 
    to agree to a resolution providing for adjournment sine die, and we 
    do not know yet when the Senate will send over that resolution. The 
    Chair respectfully suggests to the gentleman, especially those who 
    have made reservations to return to their homes tonight, that it 
    might be well to remain until the concurrent resolution providing 
    for adjournment is adopted. The Chair desires to make that 
    statement, because our ranks are gradually being thinned, and we 
    might find ourselves without a quorum.
---------------------------------------------------------------------------
 6. John McDuffie (Ala.).
---------------------------------------------------------------------------

Sec. 8.10 Pursuant to a concurrent resolution passed when a quorum was 
    present, the House adjourned sine die in the absence of a quorum.

    On Oct. 18, 1972,(7) House Concurrent Resolution 726 was 
passed.
---------------------------------------------------------------------------
 7. 118 Cong. Rec. 37061, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Thomas P.] O'Neill [Jr., of Massachusetts]: Mr. Speaker, I 
    offer a privileged concurrent resolution (H. Con. Res. 726) and ask 
    for its immediate consideration.
        The Clerk read as follows:

                                H. Con. Res. 726

            Resolved by the House of Representatives (the Senate 
        concurring) That the two Houses of Congress shall adjourn on 
        Wednesday, October 18, 1972, and that when they adjourn on said 
        day, they stand adjourned sine die.

        The Speaker: (8) The question is on the concurrent 
    resolution.
---------------------------------------------------------------------------
 8. Carl Albert (Okla.).
---------------------------------------------------------------------------

[[Page 3604]]

        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [James G.] O'Hara [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.
        The Speaker: 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 239, nays 21, not 
    voting 171, as follows: . . .
        So the concurrent resolution was agreed to.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.

    Later that day,(9~) the House adjourned sine die.
---------------------------------------------------------------------------
 9. 118 Cong. Rec. 37200, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

                             Call of the House

        Mr. [John T.] Myers [of Indiana]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker: The Chair will count.
        One hundred twelve Members are present, not a quorum.
        Mr. O'Neill: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.

                          Parliamentary Inquiries

        Mr. [Wilbur D.] Mills of Arkansas: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Mills of Arkansas: Mr. Speaker, will the Speaker entertain 
    a unanimous-consent request that the call of the roll be vacated.
        The Speaker: The Speaker does not have that authority under the 
    Constitution.
        If there are any Members in the Chamber who have not answered 
    and the Speaker can identify them, he will have them recorded. The 
    Speaker does have that authority, but he does not know of any such 
    Members.
        Mr. O'Neill: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. O'Neill: Mr. Speaker, am I correct in assuming that when 
    the House adjourns tonight it adjourns to meet on January 3, 1973, 
    at 12 o'clock?
        The Speaker: That is correct.

                            Adjournment Sine Die

        Mr. O'Neill: Mr. Speaker, I move that the House do now adjourn.
        The motion was agreed to.
        The Speaker: In accordance with the provisions of House 
    Concurrent Resolution 726, the Chair declares the second session of 
    the 92d Congress adjourned sine die.
        Accordingly (at 8 o'clock and 47 minutes p.m.), Wednesday, 
    October 18, 1972, the House adjourned sine die.

Automatic Vote by Yeas and Nays

Sec. 8.11 Parliamentarian's Note: A quorum is not required to adjourn 
    the House; and an affirmative vote to adjourn

[[Page 3605]]

    by less than a quorum does not invoke an automatic roll call under 
    Rule XV clause 4.(10)
---------------------------------------------------------------------------
10. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Dec. 14, 1963,(11) an automatic call of the House was 
not invoked following an affirmative vote to adjourn.(12)
---------------------------------------------------------------------------
11. 109 Cong. Rec. 24634, 88th Cong. 1st Sess.
12. See also, for example, 116 Cong. Rec. 44190, 91st Cong. 2d Sess., 
        Dec. 30, 1970; and 109 Cong. Rec. 10674, 10675, 88th Cong. 1st 
        Sess., June 11, 1963.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move that the 
    House do now adjourn.
        The question was taken; and on a division (demanded by Mr. 
    Johansen) there were--ayes 77, noes 17.
        Mr. [August E.] Johansen [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.
        The Speaker: (13) The Chair will advise the 
    gentleman that on a motion to adjourn, when the majority of Members 
    present vote in favor of the motion, a quorum is not required.
---------------------------------------------------------------------------
13. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The motion to adjourn was agreed to; accordingly (at 12 o'clock 
    and 20 minutes p.m.) the House adjourned until Monday, December 16, 
    1963, at 12 o'clock noon.

Sec. 8.12 Parliamentarian's Note: It is not in order to demand an 
    ``automatic'' roll call under Rule XV clause 4,(14) on a 
    motion to adjourn, since the motion to adjourn from day to day may 
    be agreed to by less than a quorum.
---------------------------------------------------------------------------
14. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Dec. 30, 1970,(15) Speaker pro tempore Wilbur D. 
Mills, of Arkansas, refused to entertain an objection to a vote on the 
ground that a quorum was not present.
---------------------------------------------------------------------------
15. 116 Cong. Rec. 44190, 91st Cong. 2d Sess. For the proceedings of 
        the House on this date, see Sec. 8.7, supra.
---------------------------------------------------------------------------

Consequence of Point of No Quorum After Vote

Sec. 8.13 Although a quorum is not required to adjourn the House, a 
    point of no quorum on a negative vote on adjournment, if sustained, 
    precipitates a call of the House under Rule XV clause 
    4.(16)
---------------------------------------------------------------------------
16. See House Rules and Manual Sec. 773 (note) (1979).
---------------------------------------------------------------------------

    On Sept. 22, 1965,(17) Speaker John W. McCormack, of 
Massachusetts, ordered a call of the House.(18)
---------------------------------------------------------------------------
17. 111 Cong. Rec. 24716, 24717, 89th Cong. 1st Sess.
18. See also, for example, 117 Cong. Rec. 38536, 38537, 92d Cong. 1st 
        Sess., Nov. 1, 1971; 114 Cong. Rec. 16225, 16226, 90th Cong. 2d 
        Sess., June 6, 1968; 109 Cong. Rec. 24217, 24218, 88th Cong. 
        1st Sess., Dec. 11, 1963; and 97 Cong. Rec. 6621, 82d Cong. 1st 
        Sess., June 15, 1951.

---------------------------------------------------------------------------

[[Page 3606]]

        Mr. [Leslie C.] Arends [of Illinois]: Mr. Speaker, I make the 
    motion that the House do now adjourn.
        The Speaker: The question is on the motion of the gentleman 
    from Illinois.
        The question was taken; and the Speaker announced that in his 
    opinion the ``noes'' had it.
        Mr. Arends: Mr. Speaker, I demand tellers.
        Tellers were ordered; and the Speaker appointed as tellers Mr. 
    Albert and Mr. Arends.
        The House divided, and the tellers reported that there were--
    ayes 58, noes 104.
        Mr. [Durward G.] Hall [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 (after counting): 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 90, nays 204, not 
    voting 138, as follows: . . .
        So the motion was rejected.

Precedence of Motion to Adjourn Over Motion for Call of House

Sec. 8.14 A motion to adjourn cannot ordinarily be offered while 
    another Member having the floor for debate refuses to yield for 
    that purpose, but if a point of order of no quorum is made and 
    sustained during such debate, a motion to adjourn is in order and 
    takes precedence over a motion for a call of the House.

    On Apr. 24, 1956,(19) Mr. Carl Vinson, of Georgia, had 
the floor for debate when a point of order of no quorum was made. 
Speaker Sam Rayburn, of Texas, ruled that a motion to adjourn could not 
deprive Mr. Vinson of the floor before the point of order was 
sustained, but after announcing the lack of a quorum, entertained a 
motion to adjourn as preferential over a motion for a call of the 
House:
---------------------------------------------------------------------------
19. 102 Cong. Rec. 6891, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John Bell] Williams of Mississippi: Mr. Speaker, a point 
    of order.
        The Speaker: The gentleman will state his point of order.
        Mr. Williams of Mississippi: Mr. Speaker, I make the point of 
    order that a quorum is not present.
        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, I object to 
    the point of order.
        Mr. Vinson: Will the gentleman not withhold that? I have only 
    about 5 minutes.
        Mr. Williams of Mississippi: Mr. Speaker, I withdraw the point 
    of order.

[[Page 3607]]

        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. Yates: 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.

        Mr. Yates: Since the last point of order on a quorum there has 
    been no further transaction of business, and it is obvious that the 
    points of order being made are dilatory.
        The Speaker: There were various unanimous-consent requests 
    granted since the last call of the House. The Chair has been up 
    against this question of whether there was a filibuster or whether 
    there was not a great many times. This occupant of the Chair is 
    very liberal with Members who want a quorum present or to have 
    business transacted in the regular way. The Chair is not going to 
    hold that this point of order is dilatory.
        Mr. [Wayne L.] Hays of Ohio: Mr. Speaker, I move that the House 
    do now adjourn.
        The Speaker: If the gentleman from Georgia retains the floor, 
    that motion is not in order.
        Mr. Vinson: I retain it, Mr. Speaker. I am just moving around 
    to get a little exercise.
        The Speaker: Does the gentleman from Mississippi insist upon 
    his point of no quorum?
        Mr. Colmer: Mr. Speaker, I insist upon the point of no quorum.
        The Speaker: The Chair will count. Evidently there is no quorum 
    present.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I move 
    a call of the House.
        Mr. Hays of Ohio: Mr. Speaker, I move that the House do now 
    adjourn.
        The Speaker: The motion to adjourn is a privileged motion. The 
    question is on the motion.
        The motion was rejected.
        The Speaker: The question is on the motion offered by the 
    gentleman from Massachusetts.
        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 is present.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Speaker: The gentleman from Georgia will proceed.

Sec. 8.15 The motion to adjourn takes precedence over a motion for a 
    call of the House; and where a motion to adjourn is defeated, and 
    the motion for a call of the House is then withdrawn, business may 
    continue if there has been no finding or announcement of the 
    absence of a quorum.

    On June 12, 1963,(1) the Speaker pro tempore ruled that 
a motion to adjourn takes precedence over a motion for a call of the 
House.
---------------------------------------------------------------------------
 1. 109 Cong. Rec. 10739, 10740, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Frank J.] Becker [of New York]: Mr. Speaker, I make the 
    point of order a quorum is not present.

[[Page 3608]]

        Mr. [Donald C.] Bruce [of Indiana]: Mr. Speaker, I move a call 
    of the House.
        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, I move that the 
    House do now adjourn.
        The Speaker Pro Tempore: (2) The question is on the 
    motion that the House do now adjourn.
---------------------------------------------------------------------------
 2. W. Homer Thornberry (Tex.).
---------------------------------------------------------------------------

        The question was taken; and on a division (demanded by Mr. 
    Bruce) there were--ayes 23, noes 34.
        So the motion was rejected.
        Mr. [M. G.] Snyder [of Kentucky]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: Does the gentleman yield for the 
    purpose of making a parliamentary inquiry?
        Mr. [John M.] Ashbrook [of Ohio]: Certainly.
        Mr. Snyder: The point of order has been made that there was no 
    quorum present and the gentleman from Indiana moved a call of the 
    House. Since the motion to adjourn was defeated, is not his motion 
    in order?
        Mr. Bruce: I withdraw the motion
        The Speaker Pro Tempore: Let the Chair state that the motion to 
    adjourn was made in the meantime, and no point of order has been 
    made since.

Continuing Call After Quorum Fails to Appear on Motion to Adjourn

Sec. 8.16 The Speaker indicated that if a quorum failed to materialize 
    on a yea and nay vote on a motion to adjourn decided in the 
    negative, the House would proceed to establish a quorum under the 
    call of the House under Rule XV clause 2(a),(3) which 
    was in progress when the motion to adjourn was made.
---------------------------------------------------------------------------
 3. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

    On Oct. 14, 1969,(4) following a motion to adjourn 
offered during a call of the House on a motion on which less than a 
quorum appeared, after the roll call was completed, but before 
announcement of absence of a quorum, Speaker John W. McCormack, of 
Massachusetts, answered a parliamentary inquiry regarding the procedure 
following a negative vote to adjourn. (See Sec. 10.2, infra.)
---------------------------------------------------------------------------
 4. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

Pending Point of No Quorum

Sec. 8.17 A motion to adjourn is in order pending a point of order that 
    a quorum is not present.

    For example, on Dec. 7, 1963,(5) the House adjourned 
while a point of order that a quorum was not present was 
pending.(6)
---------------------------------------------------------------------------
 5. 109 Cong. Rec. 23752, 88th Cong. 1st Sess.
 6. See also, for example, 106 Cong. Rec. 16535, 86th Cong. 2d Sess., 
        Aug. 16, 1960, and 95 Cong. Rec. 12191, 81st Cong. 1st Sess., 
        Aug. 24, 1949.

---------------------------------------------------------------------------

[[Page 3609]]

        Mr. [William K.] Van Pelt [of Wisconsin]: Mr. Speaker, I make 
    the point of order that a quorum is not present.

                                Adjournment

        Mr. [John E.] Moss [Jr., of California]: Mr. Speaker, I move 
    that the House do now adjourn.
        The motion was agreed to; accordingly (at 12 o'clock and 2 
    minutes p.m.) the House adjourned until Monday, December 9, 1963, 
    at 12 o'clock noon.

When in Order

Sec. 8.18 The House adjourned pending the vote on agreeing to a 
    conference report, the vote on adoption having been objected to on 
    the ground that a quorum was not present.

    On Dec. 14, 1971,(7) during consideration of the 
conference report on H.R. 11731, the Department of Defense 
appropriation measure, the House adjourned.
---------------------------------------------------------------------------
 7. 117 Cong. Rec. 46888 46894, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [George H.] Mahon [of Texas]: Mr. Speaker, I move the 
    previous question on the conference report.
        The previous question was ordered.
        The Speaker: (8) The question is on the conference 
    report.
---------------------------------------------------------------------------
 8. Carl Albert (Okla.).
---------------------------------------------------------------------------

        The question was taken, and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [Charles M.] Teague of California: 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.

                                Adjournment

        Mr. [Hale] Boggs [of Louisiana]:
        Mr. Speaker, I move that the House do now adjourn.
        The motion was agreed to; accordingly (at 8 o'clock and 15 
    minutes p.m.), under its previous order, the House adjourned until 
    tomorrow, Wednesday, December 15, 1971, at 11 o'clock a.m.

Sec. 8.19 A motion to adjourn is in order at any time after the 
    conclusion of the second call of the roll if a quorum has not been 
    established; announcement by the Chair that a quorum has failed to 
    respond is not necessary before entertaining the motion to adjourn.

    On Oct. 14, 1969,(9) during a call of the House while 
American military involvement in Vietnam was under debate, Speaker John 
W. McCormack, of Massachusetts, answered parliamentary inquiries about 
the quorum requirement for, and the timeliness of, a motion to adjourn.
---------------------------------------------------------------------------
 9. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

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

[[Page 3610]]

        Mr. Fraser: I would like to ask, if I may, where the matter 
    stands now of the call of the House which was made by the majority 
    leader. As I understand it, there is not yet a quorum recorded at 
    the desk.
        The Speaker: The gentleman is correct.
        Mr. Fraser: Now, Mr. Speaker, what are the options open to the 
    House at this point?
        The Speaker: The Chair is patiently waiting to see. Regular 
    order is the establishment of a quorum. If a quorum is not 
    established, then a motion to adjourn would be in order.
        Mr. Fraser: Mr. Speaker, am I correct that if a quorum is not 
    established, there are only two choices open to the House--either a 
    motion to adjourn or a motion to instruct the Sergeant at Arms to 
    produce the missing Members?
        The Speaker: The gentleman is correct.
        Mr. [James H.] Quillen [of Tennessee]: Mr. Speaker----
        The Speaker: For what purpose does the gentleman from Tennessee 
    rise?
        Mr. Quillen: Mr. Speaker, due to the lack of a quorum, I move 
    that the House do now adjourn.
        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, on that I ask 
    for the yeas and nays.
        Mr. [Hale] Boggs [of Louisiana]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman from Louisiana will state his 
    parliamentary inquiry.
        Mr. Boggs: Mr. Speaker, does it require a quorum to adjourn?
        The Speaker: The Chair will state to the gentleman from 
    Louisiana that it does not require a quorum. . . .
        Mr. [Carl] Albert [of Oklahoma]:
        Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman from Oklahoma will state his 
    parliamentary inquiry.
        Mr. Albert: Is it in order to move that the House adjourn on 
    the ground that a quorum is not present until the Chair has 
    announced the nonexistence of a quorum?
        The Speaker: The Chair will state that a motion to adjourn is 
    in order any time after the conclusion of the second call if a 
    quorum has not been established.

    Parliamentarian's Note: See parliamentarian's note, Sec. 4.4, 
supra, for similar precedent relating to quorum call by electronic 
device.

Sec. 8.20 One motion to adjourn having been offered and rejected at the 
    expiration of 15 minutes during a call of the House by electronic 
    device, another motion to adjourn is in order and takes precedence 
    over a motion directing the Sergeant at Arms to arrest absentees.

    On June 6, 1973,(10) during a discussion of impeachment 
powers, Speaker Carl Albert, of Oklahoma, ruled on the precedence of a 
motion to adjourn over a motion for a call of the House.
---------------------------------------------------------------------------
10. 119 Cong. Rec. 4416, 4417, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Earl F.] Landgrebe [of Indiana]: Mr. Speaker, this is a 
    very im

[[Page 3611]]

    portant matter being discussed. I do not believe there is a quorum 
    in the House. I make the point of order that a quorum is not 
    present.
        The Speaker Pro Tempore: (11) The Chair will count.
        Sixty Members being present in the Chamber, a quorum is not 
    present.
---------------------------------------------------------------------------
11. Romano L. Mazzoli (Ky.).
---------------------------------------------------------------------------

        Mr. [John J.] McFall [of California]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The call was taken by electronic device, and the following 
    Members failed to respond: . . .
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, may we have the 
    regular order?
        The Speaker: The regular order is the establishment of a quorum 
    and the rule provides a minimum of 15 minutes for Members to 
    respond. Clause 5 of rule XV (12) states that Members 
    have ``not less than 15 minutes to have their presence recorded.''
---------------------------------------------------------------------------
12. See House Rules and Manual Sec. 774b (1979).
---------------------------------------------------------------------------

        Mr. [Joe D. ] Waggonner [Jr., of Louisiana]: Mr. Speaker, I 
    move that the House do now adjourn.
        Ms. [Bella S.] Abzug [of New York]: Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were ordered.
        The vote was taken by electronic device, and there were--yeas 
    9, nays 143, present 1, not voting 279, as follows: . . .
        So the motion to adjourn was rejected.
        The result of the vote was amended as above recorded.
        The Speaker: The order of business is the establishment of a 
    quorum. The House is still in the process of trying to establish a 
    quorum, the motion to adjourn having been rejected. Are there 
    further Members in the Chamber who desire to record their presence?

                       Motion Offered by Mr. Stratton

        Mr. [Samuel S.] Stratton [of New York]: Mr. Speaker, I move 
    that the Sergeant at Arms be instructed to bring in the absent 
    Members.

                           Parliamentary Inquiry

        Mr. [Paul N.] McCloskey [Jr., of California]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. McCloskey: Mr. Speaker, I rise in order that I may be 
    recognized for a motion to adjourn.

                      Motion Offered by Mr. McCloskey

        Mr. McCloskey: Mr. Speaker, l move that the House do now 
    adjourn.
        The Speaker: The question is on the motion offered by the 
    gentleman from California (Mr. McCloskey).
        Mr. Stratton: Mr. Speaker, I have a motion pending.
        The Speaker: The Chair will state that the motion to adjourn 
    offered by the gentleman from California (Mr. McCloskey) takes 
    precedence over the motion offered by the gentleman from New York 
    (Mr. Stratton).

                                Adjournment

        The motion was agreed to; accordingly (at 9 o'clock and 38 
    minutes p.m.), the House adjourned until Thursday, June 7, 1973, at 
    12 o'clock noon.

[[Page 3612]]

    Parliamentarian's Note: Because the Speaker had not announced the 
result of the call of the House at the time the motion to adjourn was 
offered, he announced that the call of the House was still open and in 
progress upon rejection of the adjournment motion, and that Members 
could record their presence although they had not been able to return 
to the floor during the 15-minute period. It was contended that the 
Speaker had no authority to entertain the motion to adjourn during the 
call of the House and prior to his announcement of the result of that 
call. But if this contention were valid, it would give the Speaker 
unlimited discretion to keep a quorum call open indefinitely by 
refusing to announce the result (where a quorum had not been obtained) 
and thereby indefinitely refusing to entertain a motion to adjourn.

Sec. 8.21 The House adjourned in the absence of a quorum.

    On Sept. 23, 1968,(13) the House adjourned in the 
absence of a quorum.(14)
---------------------------------------------------------------------------
13. 114 Cong. Rec. 27813, 90th Cong. 2d Sess.
14. See also, for example, 116 Cong. Rec. 11941, 91st Cong. 2d Sess., 
        Apr. 15, 1970; 115 Cong. Rec. 30137, 91st Cong. 1st Sess., Oct. 
        15, 1969; 114 Cong. Rec. 30816, 30817, 90th Cong. 2d Sess., 
        Oct. 11, 1968; 110 Cong. Rec. 22023, 88th Cong. 2d Sess., Sept. 
        14, 1964; and 88 Cong. Rec. 9096, 77th Cong. 2d Sess., Nov. 23, 
        1942.
---------------------------------------------------------------------------

        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker: (15) Evidently a quorum is not present.
---------------------------------------------------------------------------
15. 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 188 Members have answered to 
    their names, not a quorum.

                                Adjournment

        Mr. Albert: Mr. Speaker, I move that the House do now adjourn.
        The motion was agreed to; accordingly (at 1 o'clock and 22 
    minutes p.m.), the House adjourned until tomorrow, Tuesday, 
    September 24, 1968, at 12 o'clock noon.

Sec. 8.22 A motion to adjourn is not entertained after a call of the 
    House has been ordered.

    On June 4, 1963,(16) Speaker John W. McCormack, of 
Massachusetts, refused to entertain a motion to adjourn.
---------------------------------------------------------------------------
16. 109 Cong. Rec. 10152, 10153, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, since 
    45 or 50

[[Page 3613]]

    Members have left the floor, I make the point of order a quorum is 
    not present.
        The Speaker: Evidently a quorum now 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 Speaker: The Clerk will call the roll.
        Mr. Williams: Mr. Speaker, I move that the House do now 
    adjourn.
        The Speaker: The Chair will state that a call of the House has 
    been ordered.
        The Clerk will call the roll.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this roll call 332 Members have answered to 
    their names, a quorum.
        By unanimous consent further proceedings under the call were 
    dispensed with.

    Parliamentarian's Note: But see 8 Cannon's Precedents Sec. 2644 
where a motion to adjourn has been entertained when the House was 
dividing on a motion for a call of the House but before a call was 
finally ordered.

Sec. 8.23 In response to a parliamentary inquiry, the Chair advised 
    that a motion to adjourn was not in order, where a call of the 
    House had been ordered.

    On June 3, 1950,(1) Speaker pro tempore Carl Albert, of 
Oklahoma, refused to entertain a motion to adjourn.
---------------------------------------------------------------------------
 1. 106 Cong. Rec. 11828, 11829, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Silvio O.] Conte [of Massachusetts]: Mr. Speaker, I make 
    the point of order that a quorum is not present.
        The Speaker Pro Tempore: Obviously a quorum is not present.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I move 
    a call of the House.
        A call of the House was ordered.
        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hoffman of Michigan: Is a motion to adjourn in order?
        The Speaker Pro Tempore: Not now. The Chair will advise that a 
    call of the House has been ordered.
        Mr. Hoffman of Michigan: Can a member of the minority----
        The regular order was demanded.
        The Speaker Pro Tempore: The regular order is demanded. The 
    Clerk will call the roll.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .

    Parliamentarian's Note: The House refused to adjourn pending 
special orders obtained to give Members an opportunity to sign a 
discharge petition. The 219th name was affixed to the petition at 
approximately 4:00 p.m., and the House adjourned shortly thereafter.

Sec. 8.24 When a Member holding the floor under a special

[[Page 3614]]

    order is interrupted by a call of the House, he is again entitled 
    to the floor when a motion to dispense with further proceedings 
    under the call has been agreed to; the Chair refuses to entertain a 
    motion to adjourn unless the Member having the floor yields for 
    that purpose.

    On June 4, 1963,(2) during time allotted for special 
orders, Speaker John W. McCormack, of Massachusetts, refused to 
entertain a motion to adjourn where another Member had the floor during 
a special order.
---------------------------------------------------------------------------
 2. 109 Cong. Rec. 10154, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

    During the progress of a special order, Mr. Clark MacGregor, of 
Minnesota, had been recognized for and was proceeding in debate when 
the following transpired:

        Mr. [Robert A.] Everett [of Tennessee]: 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 Speaker: On this rollcall [No. 65] 332 Members have 
    answered to their names, a quorum.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I 
    object.
        Mr. Albert: Mr. Speaker, I move that further proceedings under 
    the call may be dispensed with.
        The question was taken; and on a division (demanded by Mr. 
    Williams) there were--ayes 210, noes 0.
        So the motion was agreed to.
        Mr. [James] Roosevelt [of California]: Mr. Speaker, I move that 
    the House do now adjourn.
        The Speaker: Does the gentleman from Minnesota yield for that 
    purpose?
        Mr. MacGregor: Mr. Speaker, I respectfully decline to yield to 
    the gentleman from California for that purpose.

Motion to Recess

Sec. 8.25 A motion for a recess not being a privileged matter in the 
    House, it is not in order, even in the absence of a quorum.

    On May 14, 1930,(3) the Speaker pro tempore, John Q. 
Tilson, of Connecticut, ruled on a motion to recess, as follows:
---------------------------------------------------------------------------
 3. 72 Cong. Rec. 8961, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: On this roll call 198 Members have 
    answered to their names, not a quorum.
        Mr. [James C.] Ketcham [of Michigan]: A parliamentary inquiry, 
    Mr. Speaker.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Ketcham: Would it be in order to offer a motion to recess 
    until 10

[[Page 3615]]

    o'clock tomorrow or, if that be not in order, until 10 o'clock on 
    next Calendar Wednesday?
        The Speaker Pro Tempore: No motion is in order except a motion 
    to adjourn, a quorum not being present.

Declaration of Recess

Sec. 8.26 The Speaker may not declare a recess and interrupt a roll 
    call under Rule XV clause 4,(4) even though the House 
    has by unanimous consent previously given him authority to declare 
    a recess at any time for the remainder of the session.
---------------------------------------------------------------------------
 4. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Oct. 11, 1962,(5) the House had granted permission to 
declare a recess as follows:
---------------------------------------------------------------------------
 5. 108 Cong. Rec. 23207, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that for the balance of this week it may be in order for 
    the Speaker to declare a recess at any time, subject to the call of 
    the Chair.
        The Speaker: Is there objection to the request of the gentleman 
    from Oklahoma?
        There was no objection.

    On Oct. 12,(6) during a roll call on H.R. 12900, the 
public works appropriations bill for 1963, Speaker John W. McCormack, 
of Massachusetts, made a ruling regarding the time for declaring a 
recess.
---------------------------------------------------------------------------
 6. Id. at p. 23434.
---------------------------------------------------------------------------

        Mr. [Edmond] Edmondson [of Oklahoma] (interrupting the 
    rollcall): Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Edmondson: May a recess be declared in advance of the 
    completion of the vote?
        The Speaker: The Chair will state that the present situation 
    the Chair may not declare a recess with a rollcall in process.

    Parliamentarian's Note: This precedent does not address the 
question whether the Chair could declare a recess when the roll call 
was completed if a quorum had not voted. There is no precedent directly 
on that question. See, however, 4 Hinds' Precedents Sec. 2965, 5 Hinds' 
Precedents Sec. Sec. 6665, 6666 and 6 Cannon's Precedents Sec. 664.

Motion for Call of the House Pending After Rejection of Motion to 
    Adjourn

Sec. 8.27 A pending motion for a call of the House, preempted by a 
    motion to adjourn, remains pending if the motion to adjourn is 
    rejected.

    On June 4, 1963,(7) Speaker John W. McCormack of 
Massachu
---------------------------------------------------------------------------
 7. 109 Cong. Rec. 10152, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 3616]]

setts, by unanimous consent ordered a call of the House immediately 
after a vote on adjournment.

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, a point 
    of order.
        The Speaker Pro Tempore: (8) The gentleman will 
    state it.
---------------------------------------------------------------------------
 8. G. Elliott Hagan (Ga.).
---------------------------------------------------------------------------

        Mr. Williams: Mr. Speaker, if they are going to clutter up the 
    Record with this stuff, I think the rest of the Members ought to be 
    present to hear it. I make the point of order that a quorum is not 
    present.
        The Speaker Pro Tempore: The Chair will count. [After 
    counting.] Thirty-eight Members are present, not a quorum.

                             Call of the House

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        Mr. Williams: Mr. Speaker, I move that the House do now 
    adjourn.
        The Speaker: The question is on the motion of the gentleman 
    from Mississippi.
        The motion was rejected.
        The Speaker: Without objection, a call of the House is ordered.
        There was no objection.
        The Clerk called the roll and the following Members failed to 
    answer to their names: . . .
        The Speaker: Three hundred and forty Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

Senate Precedents

Sec. 8.28 When the Senate adopts an order for a recess at the 
    conclusion of its day's business to a day or hour certain, a motion 
    may be made in the absence of a quorum to take a recess pursuant to 
    such order; but a motion to take a recess or take a recess to an 
    hour certain is not in order in the absence of a quorum, nor is it 
    in order to entertain a motion to recess or to recess to an hour 
    certain after the absence of a quorum has been determined unless 
    such previous order has been adopted.

    On July 27, 1962,(9) the Senate agreed to recess at the 
conclusion of its business for that day and, later, did recess (in the 
absence of a quorum) as follows:
---------------------------------------------------------------------------
 9. 108 Cong. Rec. 14895, 14948, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Michael J.] Mansfield [of Montana]: Mr. President, I ask 
    unanimous consent that when the Senate concludes its business 
    tonight, it recess to meet at 10 o'clock tomorrow morning.
        The Vice President: (10) Is there objection? The 
    Chair hears none and it is so ordered. . . .
---------------------------------------------------------------------------
10. Lyndon B. Johnson (Tex.).
---------------------------------------------------------------------------

        Mr. [Wayne L.] Morse [of Oregon]: Mr. President, I suggest the 
    absence of

[[Page 3617]]

    a quorum, and I ask that it be a live quorum. . . .
        The Presiding Officer: A quorum is not present.

                         Recess to 10 A.M. Tomorrow

        Mr. [George A.] Smathers [of Florida]: Mr. President, I move 
    that the Senate recess in accordance with the previous order.
        The motion was agreed to; and (at 10 o'clock and 14 minutes 
    p.m.), under the previous order, the Senate recessed until 
    tomorrow, Saturday, July 28, 1962, at 10 a.m.

    On July 28,(11) Vice President Johnson ruled on a motion 
to recess in the absence of a quorum.
---------------------------------------------------------------------------
11. 108 Cong. Rec. 14952, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Senate met at 10 o'clock a.m., on the expiration of the 
    recess, and was called to order by the Vice President. . . .

                              Call of the Roll

        The Vice President: The Senate having taken a recess last night 
    in the absence of a quorum, no business can be transacted until a 
    quorum is present.
        The clerk will therefore call the roll for the purpose of 
    developing a quorum.
        The legislative clerk called the roll; and the following 
    Senators answered to their names: . . .
        The Vice President: A quorum is not present.
        Mr. [Hubert H.] Humphrey [of Minnesota]: Mr. President, I move 
    that the Sergeant at Arms be directed to request the attendance of 
    absent Senators.
        The Vice President: The question is on agreeing to the motion 
    of the Senator from Minnesota.
        The motion was agreed to.
        The Vice President: The Sergeant at Arms is instructed to 
    execute the order of the Senate. . . .
        Mr. Humphrey: Mr. President, a parliamentary inquiry: Is a 
    quorum present?
        The Vice President: No. . . .
        Mr. Humphrey: Mr. President, I move that the Senate stand in 
    recess until Monday, at noon.
        The Vice President: That motion is not in order. A motion to 
    adjourn would be in order.

Sec. 8.29 When the Senate convenes following an adjournment taken in 
    the absence of a quorum, the first order of business is the 
    establishment of a quorum and the Presiding Officer directs the 
    roll to be called.

    On Sept. 23, 1968,(12) a quorum was established, as 
follows:
---------------------------------------------------------------------------
12. 114 Cong. Rec. 27814, 27815, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        The President Pro Tempore: (13) The Senate having 
    adjourned on Friday, September 20, 1968, in the absence of a 
    quorum, the clerk will call the roll to ascertain the presence of a 
    quorum.
---------------------------------------------------------------------------
13. Carl Hayden (Ariz.).
---------------------------------------------------------------------------

        The bill clerk called the roll, and the following Senators 
    answered to their names. . . .

[[Page 3618]]

        The Presiding Officer: (14) A quorum is not present.
---------------------------------------------------------------------------
14. Howard W. Cannon (Nev.).
---------------------------------------------------------------------------

        Mr. [Michael J.] Mansfield [of Montana]: Mr. President, I move 
    that the Sergeant at Arms be directed to request the attendance of 
    absent Senators.
        The Presiding Officer: The question is on agreeing to the 
    motion of the Senator from Montana.
        The motion was agreed to.
        The Presiding Officer: The Sergeant at Arms will execute the 
    order of the Senate.
        After some delay, the following Senators entered the Chamber 
    and answered to their names: . . .
        The Presiding Officer: A quorum is present.

    Parliamentarian's Note: Under House procedures, where a quorum 
fails to respond on a vote on a pending matter or motion, and the House 
adjourns, the unfinished business when the House reconvenes is the vote 
on the pending matter; but where the House simply adjourns in the 
absence of a quorum, a quorum is presumed present when the House 
reconvenes and there is no requirement to affirmatively establish a 
quorum.


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 9.-- To Dispense With Further Proceedings Under the Call

    Appearance of a quorum and passage of the motion to dispense with 
further proceedings are necessary before pending business may be 
resumed (15) following a call of the House ordered on motion 
under Rule XV clause 2(a).(16) Agreement to the motion 
terminates the call of the House,(17) and efforts to call 
other Members to the Chamber,(18) including notation of 
absentees, arrest, and discharge of Members, and opens the 
doors.(19) The motion is not required on automatic votes by 
the yeas and nays because Rule XV clause 4,(20) which 
authorizes this procedure, provides that when the Speaker declares that 
a quorum is constituted, ``further proceedings under the call shall be 
considered as dispensed with.'' (1)
---------------------------------------------------------------------------
15. Sec. 9.7, infra.
16. House Rules and Manual Sec. 768 (1979)
17. Sec. 9.8, infra.
18. Sec. 9.10, infra.
19. Sec. Sec. 9.9, 9.10, infra.
20. House Rules and Manual Sec. 773 (1979).
 1. Id.
---------------------------------------------------------------------------

    The motion is not in order when a motion to arrest absent Members 
is pending,(2) and is not entertained until a quorum 
responds on the call,(3) is not preferential to
---------------------------------------------------------------------------
 2. 4 Hinds' Precedents Sec. Sec. 3029, 3037, and annotation to Rule XV 
        clause 2(a), House Rules and Manual Sec. 770 (1979)
 3. 6 Cannon's Precedents Sec. 689, and annotation to Rule XV clause 
        2(a), House Rules and Manual Sec. 770 (1979).
---------------------------------------------------------------------------

[[Page 3619]]

a motion to adjourn,(4) but is not subject to challenge on a 
point of order of no quorum.(5) Unless a majority agrees to 
the motion, however, pending business cannot resume (6) and 
efforts to secure the attendance of absentees continue until all 
Members have been called for.(7)
---------------------------------------------------------------------------
 4. 8 Cannon's Precedents Sec. Sec. 2643, 2644; Sec. 9.4, infra.
 5. Sec. Sec. 9.12, 9.13, infra.
 6. Sec. 9.7, infra.
 7. Sec. 9.10, infra.
---------------------------------------------------------------------------

    A recently adopted rule, Rule XV clause 6(a)(4), adopted Apr. 9, 
1974, provides that points of no quorum will not be in order ``during 
the offering, consideration, and disposition of any motion incidental 
to a call of the House.'' (Motions to dispense with proceedings under 
the call are considered ``incidental to a call of the House.'') Clause 
6(e)(2) of Rule XV was amended in the 96th Congress to automatically 
dispense with further proceedings under any call of the House when a 
quorum appears unless the Speaker in his discretion recognizes for a 
motion. The effects of these recent provisions will be discussed in 
supplements to this 
edition.                          -------------------

Tabling of Motion

Sec. 9.1 Since the motion to dispense with further proceedings under a 
    call of the House is neither debatable nor amendable, the motion to 
    table (Rule XVI clause 4) (8) is not in order.
---------------------------------------------------------------------------
 8. House Rules and Manual Sec. 782 (1979).
---------------------------------------------------------------------------

    On Aug. 27, 1962,(9) during consideration of Senate 
Joint Resolution 29, an amendment pertaining to qualification of 
electors, Speaker John W. McCormack, of Massachusetts, made a ruling 
regarding the motion to dispense with further 
proceedings.(10)
---------------------------------------------------------------------------
 9. 108 Cong. Rec. 17653, 87th Cong. 2d Sess.
10. See 114 Cong. Rec. 26453, 90th Cong. 2d Sess., Sept. 11, 1968, for 
        another illustration of this principle.
---------------------------------------------------------------------------

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I 
    demand that the Journal be read in full.
        The Speaker: The Clerk will read the Journal in full.
        The Clerk continued with the reading of the Journal.
        Mr. Williams (interrupting reading of the Journal): Mr. 
    Speaker, I make the point of order that a quorum is not present.
        The Speaker: The Chair will count. [After counting.] Seventy-
    eight Members are present, not a quorum.
        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: . . .

[[Page 3620]]

        The Speaker: On this rollcall, 356 Members have answered to 
    their names, a quorum.
        Mr. Williams: Mr. Speaker, I object to dispensing with further 
    proceedings under the call of the House.
        Mr. Albert: Mr. Speaker, I move that further proceedings under 
    the call of the House be dispensed with.
        The Speaker: The question is on the motion.
        Mr. Williams: Mr. Speaker, I move to lay that motion on the 
    table.
        Mr. Albert: Mr. Speaker, I make the point of order that the 
    motion to lay on the table is not in order.
        The Speaker: The motion to dispense with further proceedings 
    under the call is not debatable and not subject to amendment and, 
    therefore, the motion to lay on the table is not in order.
        The question is on the motion to dispense with further 
    proceedings under the call.
        The question was taken.

    Parliamentarian's Note: Three quorum calls and two record votes on 
dispensing with further proceedings under the quorum calls interrupted 
reading of the Journal and delayed the Speaker's recognition of a 
Member to move to suspend the rules and pass a joint resolution 
proposing a constitutional amendment to abolish use of a poll tax as a 
qualification for voting in elections of federal officials.

Effect of Adoption or Rejection of Motion

Sec. 9.2 A Member failing to respond on a call of the House may not be 
    recorded as present on that roll call if the House has already 
    agreed to a motion to dispense with further proceedings under the 
    call.

    On Apr. 3, 1935, (11) the Speaker pro tempore made a 
ruling relating to recording a Member.
---------------------------------------------------------------------------
11. 79 Cong. Rec. 4925, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (~12) Three hundred and 
    forty-four Members have answered to their names, a quorum.
---------------------------------------------------------------------------
12. John E. Rankin (Miss.).
---------------------------------------------------------------------------

        Mr. [Edward T.] Taylor of Colorado: Mr. Speaker, I move to 
    dispense with further proceedings under the call.
        The motion was agreed to.
        The doors were opened.
        Mr. [John J.] McSwain [of South Carolina]: Mr. Speaker, I was 
    present and did not hear my name called. I desire to have my name 
    called and to answer ``present.''
        The Speaker Pro Tempore: The request of the gentleman comes too 
    late, but the Record will show that he is here. The gentleman from 
    Texas is recognized for 1 hour.

Sec. 9.3 If a motion to dispense with further proceedings under a call 
    for a quorum is rejected, the Members present remain in the Chamber 
    until the Sergeant at Arms brings in enough Mem

[[Page 3621]]

    bers to make the full membership.

    On July 29, 1946,(13) a motion to dispense with further 
proceedings under the call was rejected.
---------------------------------------------------------------------------
13. 92 Cong. Rec. 10409, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Rankin and Mr. Marcantonio moved 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:(1~4) On this roll call 240 Members have 
    answered to their names, a quorum.
---------------------------------------------------------------------------
14. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        If there is no objection, further proceedings under the call 
    will be dispensed with.
        Mr. [Frank E.] Hook [of Michigan]: Mr. Speaker, I object.
        Mr. [William C.] Cole of Missouri: Mr. Speaker, I object.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, I move that 
    further proceedings under the call be dispensed with.
        The question was taken; and on a division (demanded by Mr. 
    Hook) there were--ayes 115, noes 1. . . .
        Mr. Cole of Missouri: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Cole of Missouri: Should this motion be voted down and 
    should further proceedings under the call be not dispensed with 
    will the Chair please state the procedure to be followed then?
        The Speaker: We stay here until the Sergeant-at-Arms brings in 
    enough Members . . . to make the full membership.

Precedence of Motion to Adjourn

Sec. 9.4 A yea and nay vote that the House adjourn takes precedence 
    over a vote on dispensing with further proceedings under a call of 
    the House.

    On Feb. 15, 1950,(15) Speaker Sam Rayburn, of Texas, 
entertained a motion to adjourn following a division vote dispensing 
with further proceedings under a call of the House, and when the House 
refused to adjourn, put the question de novo on the motion to dispense 
with proceedings under the call.
---------------------------------------------------------------------------
15. 96 Cong. Rec. 1810, 1811, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I move 
    that further proceedings under the call be dispensed with.
        The Speaker: The question is on the motion offered by the 
    gentleman from Massachusetts [Mr. McCormack].
        The question was taken; and on a division (demanded by Mr. 
    Pickett) there were--ayes 126, noes 17. . . .
        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, a preferential 
    motion. I move that the House do now adjourn; and on that motion I 
    ask for the yeas and nays.

[[Page 3622]]

        The yeas and nays were ordered.
        The question was taken; and there were--yeas 126, nays 198, not 
    voting, 103, as follows: . . .
        The result of the vote was announced as above recorded.
        The Speaker: The question is on the motion of the gentleman 
    from Massachusetts [Mr. McCormack] to dispense with further 
    proceedings under the call.
        Mr. [Thomas J.] Pickett [of Texas]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Pickett: Mr. Speaker, at the time the gentleman from 
    Michigan moved to adjourn, the Speaker had just stated what the 
    question was--which was the motion of the gentleman from 
    Massachusetts [Mr. McCormack] to dispense with further proceedings 
    under a preceding call of the House. I objected to the vote, as was 
    revealed by a division on the question, on the ground that a quorum 
    was not present. Is not now the order of business an automatic roll 
    call on the motion of the gentleman from Massachusetts [Mr. 
    McCormack]?
        The Speaker: No; it is not. The vote now comes de novo.
        The question is on the motion of the gentleman from 
    Massachusetts [Mr. McCormack].

    Parliamentarian's Note: Under 8 Cannon's Precedents Sec. Sec. 2643, 
2644, the motion to adjourn takes precedence over the motion to 
dispense with further proceedings.

Member Retains Floor After the Call

Sec. 9.5 When a Member holding the floor is interrupted by a call of 
    the House, he is again entitled to the floor when a motion to 
    dispense with further proceedings under the call has been agreed 
    to.

    On June 4, 1963,(16) Speaker John W. McCormack, of 
Massachusetts, ruled on the right of a Member to hold the floor under a 
special order after the House had agreed to a motion to dispense with 
further proceedings under the call of the House.(17)
---------------------------------------------------------------------------
16. 109 Cong. Rec. 10154, 88th Cong. 1st Sess.
17. For the proceedings of the House on this date, see Sec. 8.24, 
        supra.
---------------------------------------------------------------------------

Receipt of Senate Message During Pendency of Motion

Sec. 9.6 A message from the Senate was received following a call of the 
    House while a motion to dispense with further proceedings under the 
    call was pending and prior to the reading and approval of the 
    Journal.

    On Sept. 11, 1968,(1) Speaker John W. McCormack, of 
Massachusetts, received a message while a motion to dispense with 
proceedings was pending and before the Journal had been read.
---------------------------------------------------------------------------
 1. 114 Cong. Rec. 26453, 26454, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: On this roll call 356 Members have answered to 
    their names, a quorum.

[[Page 3623]]

        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. [Robert] Taft [Jr., of Ohio]: Mr. Speaker, I object.
        The Speaker: The gentleman objects? The Chair wishes to get the 
    Record correct. The gentleman objects to further proceedings under 
    the call being dispensed with?
        Mr. Taft: I do object, Mr. Speaker.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move that 
    further proceedings under the call be dispensed with. . . .
        The Speaker: . . . Before presenting the motion, the Chair will 
    receive a message.

                          Message From the Senate

        The Doorkeeper: Mr. Speaker, message from the Senate.
        The Secretary (Mr. Arrington): Mr. Speaker----
        The Speaker: Mr. Secretary.
        The Secretary: Mr. Speaker, I have been directed by the Senate 
    to inform the House that the Senate has agreed to the conference 
    report on the bill S. 3293, to authorize appropriations during the 
    fiscal year 1969 for procurement of aircraft, missiles, naval 
    vessels, and tracked combat vehicles, research, development, test, 
    and evaluation for the Armed Forces, and to prescribe the 
    authorized personnel strength of the Selected Reserve of each 
    Reserve component of the Armed Forces, and for other purposes

    Parliamentarian's Note: Under Rule XV clause 6(a)(3), adopted Apr. 
9, 1974, a quorum is not required to receive a message from the Senate.

Effect on Pending Business

Sec. 9.7 After a quorum has responded on a call of the House, further 
    proceedings under the call must be dispensed with before the House 
    can proceed with pending business.

    On Oct. 8, 1968,(2) a point of no quorum and a call of 
the House having interrupted the reading of the Journal, Speaker John 
W. McCormack, of Massachusetts, made a statement regarding the need for 
a motion to dispense with further proceedings after a quorum had 
responded on the call.
---------------------------------------------------------------------------
 2. 114 Cong. Rec. 30094, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Brock] Adams [of Washington]: Mr. Speaker, a further 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Adams: It is my understanding that under rule XV--and I 
    direct this as a parliamentary inquiry--that though the call had 
    been made, if there was not a motion made for a majority vote to go 
    and get the Members, and a quorum was present and the doors were 
    locked, the business could proceed even though the call had been 
    started? Is that correct or incorrect?
        The Speaker: The Chair will state that further proceedings--in 
    this case the reading of the Journal--could not proceed until 
    further proceedings

[[Page 3624]]

    under the call have been dispensed with.

Adoption of Motion Terminates Call

Sec. 9.8 A motion to dispense with further proceedings under a call of 
    the House may be agreed to by less than a quorum, if a quorum has 
    responded on the call.

    On May 14, 1930,(3) a motion to dispense with further 
proceedings ended the call of the House.
---------------------------------------------------------------------------
 3. 72 Cong. Rec. 8962, 8963, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Charles R.] Crisp [of Georgia]: Then, Mr. Speaker, I move 
    to dispense with further proceedings under the call.
        The Speaker Pro Tempore [John Q. Tilson, of Connecticut]: The 
    question is on the motion of the gentleman from Georgia to dispense 
    with further proceedings under the call.
        The question was taken; and on a division (demanded by Mr. 
    Stafford) there were--ayes 83, noes 22.
        Mr. [William H.] Stafford [of Wisconsin]: Mr. Speaker, I object 
    to the vote because there is no quorum present, and make the point 
    of order that there is no quorum present. . . .
        The Speaker Pro Tempore: It does not require a quorum to 
    dispense with further proceedings under the call.(4)
---------------------------------------------------------------------------
 4. See also Sec. 9.11, infra.
---------------------------------------------------------------------------

Sec. 9.9 Passage of the motion to dispense with further proceedings 
    opens the doors after a call of the House.

    On May 14, 1930,(5) Speaker pro tempore John Q. Tilson, 
of Connecticut, responded to a parliamentary inquiry regarding the 
purpose of the motion to dispense with further proceedings.
---------------------------------------------------------------------------
 5. 72 Cong. Rec. 8963, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Earl C.] Michener [of Michigan]: My question was, whether, 
    under the proceedings of the House, where absentees are ordered to 
    be arrested and brought in, where the doors are closed, where the 
    roll is called, and where the absentees are brought in one at a 
    time and brought before the bar of the House to answer to their 
    names, and immediately the Speaker announces that a quorum is 
    present, and the next thing to do is to move to dispense with 
    further proceedings under the call, the doors cannot be opened 
    until that motion is agreed to.
        The Speaker Pro Tempore: The gentleman is correct in his 
    statement. The Chair takes no issue with him.

Sec. 9.10 The purpose of the motion to dispense with further 
    proceedings under the call, a matter decided by the membership, is 
    to open the doors and terminate efforts to call other Members to 
    the Chamber; if the motion is not agreed to, the call of the House 
    continues until all Members are sent for.

[[Page 3625]]

    On Feb. 22, 1950,(6) [Calendar Wednesday], Speaker Sam 
Rayburn, of Texas, made a ruling regarding the House's decisionmaking 
responsibility on a motion to dispense with further proceedings.
---------------------------------------------------------------------------
 6. 96 Cong. Rec. 2160, 2161, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Keefe: Where a point of order of no quorum has been made 
    and the Speaker directs the calling of the roll, and at the 
    conclusion of the calling of the roll a quorum is established, what 
    further proceedings under the call are contemplated that require 
    the making of a motion that further proceedings under the call be 
    dispensed with, and force another roll call on that issue?
        The Speaker: It might be possible that the Members present 
    would want to call other Members to the session; they might want to 
    send out to get absent Members.
        Mr. Keefe: With all due deference to the Speaker, I am merely 
    seeking information. I have been here 12 years and this is a matter 
    that has always bothered me and bothered many other Members of the 
    House. Is there any reason why further proceedings should be had 
    once the call of the roll indicates the presence of a quorum?
        The Speaker: That is a matter to be decided by the membership 
    of the House. They may want other Members here for the 
    consideration of certain business; they could have a further call 
    of the House and send out and get the absent Members.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, may I 
    be heard?
        The Speaker: The Chair recognizes the gentleman from 
    Massachusetts.
        Mr. McCormack: The Speaker is absolutely correct, but may I not 
    add the further thought that when a quorum call is made the doors 
    are closed, and the Sergeant at Arms is directed to notify absent 
    Members. There are certain procedures that must be followed after 
    the calling of the roll, such as the opening of the doors. 
    Furthermore, when a quorum call is made it presumably continues or 
    could continue until Members are sent for. That motion is made to 
    bring it to a definite conclusion.

Quorum Requirement

Sec. 9.11 A motion to dispense with further proceedings under a call of 
    the House does not require a quorum for adoption.

    On July 23, 1942,(7) after a quorum had responded on a 
call of the House, Speaker Sam Rayburn, of Texas, made a ruling 
respecting the motion to dispense with further 
proceedings.(8)

        The Speaker: Without objection, further proceedings under the 
    call will be dispensed with.
---------------------------------------------------------------------------
 7. 88 Cong. Rec. 6542, 77th Cong. 2d Sess.
 8. See also 86 Cong. Rec. 13043, 76th Cong. 3d Sess., Oct. 8, 1940.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin of Mississippi: Mr. Speaker, I object to 
    that.

[[Page 3626]]

        Mr. [Adolph J.] Sabath [of Illinois]: Mr. Speaker, I move to 
    dispense with further proceedings under the call.
        The Speaker: The question is on dispensing with further 
    proceedings under the call.
        The question was taken; and on a division (demanded by Mr. 
    Rankin of Mississippi) there were--ayes 101, noes 5.
        Mr. Rankin of Mississippi: Mr. Speaker, I object to the vote 
    upon the ground that there is no quorum present and make the point 
    of order that there is no quorum present.
        The Speaker: The Chair overrules the point of order, because 
    the House can dispense with further proceedings under the call 
    without the presence of a quorum.(~9)
---------------------------------------------------------------------------
 9. Parliamentarian's Note: Motions incidental to a call of the House 
        do not require a quorum for adoption. This principle was 
        formally incorporated into Rule XV clause 6(a)(4) on Apr. 9, 
        1974.
---------------------------------------------------------------------------

        The gentleman from Mississippi is out of order at the moment. 
    The Chair has already ruled, and in conformity with a long line of 
    decisions.
        So the motion to dispense with further proceedings under the 
    call was agreed to.

Sec. 9.12 A motion to dispense with further proceedings under a call of 
    the House is not subject to a point of no quorum where the call has 
    disclosed the presence of a quorum.

    On Oct. 8, 1968,(10) during the reading of the Journal, 
Speaker John W. McCormack, of Massachusetts, refused to entertain a 
point of no quorum.
---------------------------------------------------------------------------
10. 114 Cong. Rec. 30090, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Donald] Rumsfeld [of Illinois]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: The gentleman from Illinois makes the point of 
    order that a quorum is not present. 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 279 Members have answered to 
    their names, a quorum.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. Rumsfeld: Mr. Speaker, I object to dispensing with further 
    proceedings under the call.
        Mr. [Ray J.] Madden [of Indiana]: Mr. Speaker, I move that 
    further proceedings under the call be dispensed with.
        Mr. [Robert] Taft [Jr., of Ohio]: Mr. Speaker, I object.
        The Speaker: The gentleman from Indiana [Mr. Madden] has moved 
    that further proceedings under the call be dispensed with. An 
    objection is not in order.
        The question is on the motion offered by the gentleman from 
    Indiana.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. Taft: Mr. Speaker, I object to the vote on the ground that 
    a quorum

[[Page 3627]]

    is not present and make the point of order that a quorum is not 
    present.
        The Speaker: The Chair will state that the rollcall that has 
    just been concluded discloses that a quorum is present and no 
    business has been transacted up to this point.
        So the motion was agreed to.

Sec. 9.13 A motion to dispense with further proceedings under a call of 
    the House, while not entertained until a quorum responds on the 
    call, may be agreed to by less than a quorum thereafter.

    On Sept. 11, 1968,(11) Speaker John W. McCormack, of 
Massachusetts, ruled on the quorum requirement for a motion to dispense 
with further proceedings under the call.
---------------------------------------------------------------------------
11. 114 Cong. Rec. 26453, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Donald] Rumsfeld [of Illinois]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: The gentleman from Illinois makes the point of 
    order that a quorum is not present, and 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 [No. 314] 356 Members have 
    answered to their names, a quorum.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. [Robert] Taft [Jr., of Ohio]: Mr. Speaker, I object.
        The Speaker: The gentleman objects? The Chair wishes to get the 
    Record correct. The gentleman objects to further proceedings under 
    the call being dispensed with?
        Mr. Taft: I do object, Mr. Speaker.
        Mr. Albert: Mr. Speaker, I move that further proceedings under 
    the call be dispensed with. . . .
        Before presenting the motion, the Chair will receive a message.

                          Message From the Senate

        The Doorkeeper: Mr. Speaker, a message from the Senate. . . .

         Motion to Dispense With Further Proceedings Under the Call

        The Speaker: The question is on the motion offered by the 
    gentleman from Oklahoma [Mr. Albert].
        The question was taken; and the Speaker announced that ayes 
    appeared to have it.
        Mr. [Thomas B.] Curtis [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 Chair will refer the gentleman to the rules of 
    the House; and under the rules of the House it does not require a 
    quorum to dispense with further proceedings under the call.
        Mr. Curtis: Mr. Speaker, I demand tellers.
        Tellers were ordered, and the Speaker appointed as tellers Mr. 
    Albert and Mr. Curtis.

[[Page 3628]]

        The House divided, and the tellers reported that there were--
    ayes 100, noes 64.
        Mr. Rumsfeld: Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were refused.
        So the motion was agreed to.

Yea and Nay Votes

Sec. 9.14 The yeas and nays have been ordered on a motion to dispense 
    with further proceedings under a call of the House, where a quorum 
    had appeared on the call.

    On June 5, 1946,(12) the yeas and nays were ordered on a 
motion to dispense with the call.
---------------------------------------------------------------------------
12. 92 Cong. Rec. 6354, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: (13) On this roll call 290 Members have 
    answered to their names, a quorum.
---------------------------------------------------------------------------
13. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        Mr. [Graham A.] Barden [of North Carolina]: Mr. Speaker, I move 
    that further proceedings under the roll call be dispensed with.

        Mr. [Thomas G.] Abernethy [of Mississippi]: Mr. Speaker, on 
    that I demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 284, nays 6, not 
    voting 140, as follows: . . .

Sec. 9.15 Because the motion to dispense with further proceedings under 
    a call of the House (an incidental motion once a quorum has 
    responded on the call) may be agreed to by less than a quorum, 
    objection to the vote thereon on the ground that a quorum is not 
    present does not force an automatic roll call under Rule XV clause 
    4.(14)
---------------------------------------------------------------------------
14. See House Rules and Manual Sec. 773 (1979).
---------------------------------------------------------------------------

    On Sept. 11, 1968,(15) an automatic roll call did not 
result after a Member, Thomas B. Curtis, of Missouri, objected to the 
vote on the motion to dispense with further proceedings on the ground 
that a quorum was not present and made a point of order to that effect.
---------------------------------------------------------------------------
15. 114 Cong. Rec. 26453, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

         Motion to Dispense With Further Proceedings Under the Call

        The Speaker: (16) The question is on the motion 
    offered by the gentleman from Oklahoma [Mr. Albert].
---------------------------------------------------------------------------
16. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The question was taken; and the Speaker announced that ayes 
    appeared to have it.
        Mr. Curtis: Mr. Speaker, I object to the vote on the ground 
    that a quorum is not present and make the point of order that a 
    quorum is not present.
        The Speaker: The Chair will refer the gentleman to the rules of 
    the

[[Page 3629]]

    House; and under the rules of the House it does not require a 
    quorum to dispense with further proceedings under the call.
        Mr. Curtis: Mr. Speaker, I demand tellers.
        Tellers were ordered, and the Speaker appointed as tellers Mr. 
    Albert and Mr. Curtis.
        The House divided, and the tellers reported that there were--
    ayes 100, noes 64.
        Mr. [Donald] Rumsfeld [of Illinois]: Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were refused.
        So the motion was agreed to.

Sec. 9.16 After a quorum has been established by a call of the House 
    pursuant to Rule XV clause 2(a),(17) a motion to 
    dispense with further proceedings under the call does not require a 
    quorum for adoption [and therefore an ``automatic roll-call'' under 
    Rule XV, clause 4, is not in order on the motion].
---------------------------------------------------------------------------
17. See House Rules and Manual Sec. 768 (1979).
---------------------------------------------------------------------------

    On Aug. 15, 1972,(18) Speaker Carl Albert, of Oklahoma, 
refused to entertain a point of no quorum on a motion to dispense with 
proceedings under the call.
---------------------------------------------------------------------------
18. 118 Cong. Rec. 28255, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Donald M.] Fraser [of Minnesota]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: Evidently, a quorum is not present.
        Mr. [James A.] Byrne [of Pennsylvania]: 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 366 Members have answered to 
    their names, a quorum.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. Fraser: Mr. Speaker, I do object to dispensing with further 
    proceedings under the rollcall.
        The Speaker: The question is on dispensing with further 
    proceedings under the call.
        The question was taken; and the Speaker announced that the ayes 
    had it.
        Mr. Fraser: Mr. Speaker, I object to the vote on the ground 
    that a quorum was not present and make the point of order that a 
    quorum is not present.
        The Speaker: The Chair will remind the gentleman that the House 
    has just established a quorum and there has been no intervening 
    business. There is a quorum present. Under the call of the House a 
    quorum is present.

Objections to Dispensing With Further Proceedings Under the Call

Sec. 9.17 Where objection is made to a unanimous-consent request to 
    dispense with further proceedings under a

[[Page 3630]]

    call, the Chair may put the question to the House for a vote.

    On Jan. 23, 1950,(19) Speaker Sam Rayburn, of Texas, put 
the question to dispense with further proceedings to a vote.
---------------------------------------------------------------------------
19. 96 Cong Rec. 772, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: On this roll call 392 Members have answered to 
    their names; a quorum is present.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. [James C.] Davis of Georgia: Mr. Speaker, I object.
        The Speaker: The question is on the motion to dispense with 
    further proceedings under the call.
        The question was taken; and on a division (demanded by Mr. 
    Davis of Georgia) there were--ayes 144, noes 11. . . .
        Mr. Davis of Georgia: Mr. Speaker, I demand the yeas and nays 
    on this vote.
        The yeas and nays were refused.

        So the motion to dispense with further proceedings on the call 
    was agreed to.

Sec. 9.18 Where objection is raised to a unanimous-consent request to 
    dispense with further proceedings under a call of the House, a 
    motion to that effect is in order.

    On Oct. 8, 1968,(20), Speaker John W. McCormack, of 
Massachusetts, made a statement as to the effect of an objection to a 
request to dispense with further proceedings under a call of the House.
---------------------------------------------------------------------------
20. 114 Cong. Rec. 30212, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair will recognize the gentleman on a 
    parliamentary inquiry.
        Mr. [Brock] Adams [of Washington]: Mr. Speaker, I am reserving 
    the right to object.
        As part of my reservation, Mr. Speaker the previous 
    parliamentary inquiry was for the situation where a quorum was not 
    present, but now, under the rule I am inquiring of the Chair about 
    as part of my reservation, I am asking whether or not, if I object, 
    will the call then proceed and those absent without excuse will be 
    required to come to the Chamber ``and their attendance secured and 
    retained; and the House shall determine upon what condition they 
    shall be discharged'' ?
        The Speaker: The Chair will state that if any Member should 
    object, a motion to dispense with further proceedings under the 
    call would be in order, and the Chair would put the motion.

Sec. 9.19 Objection having been raised to a unanimous-consent request 
    to dispense with further proceedings under a call of the House, the 
    question was moved and agreed to on a division vote.

    On June 4, 1953,(21) the House voted on a motion to 
dispense with further proceedings.
---------------------------------------------------------------------------
21. 109 Cong. Rec. 10151, 10152, 10154, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 3631]]

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        The Speaker: (1) The question is on the motion of 
    the gentleman from Oklahoma.
---------------------------------------------------------------------------
 1. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, on that 
    I ask for a division.
        The question was taken; and there were--ayes 154, noes 2.
        So 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 339 Members have answered to 
    their names, a quorum is present.
        Without objection, further proceedings under the call will be 
    dispensed with.
        Mr. Williams: I object, Mr. Speaker.
        Mr. Albert: Mr. Speaker, I move that further proceeding under 
    the call be dispensed with.
        The question was taken; and on a division (demanded by Mr. 
    Williams) there were--ayes 213, noes 8.
        So the motion was agreed to.


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
              B. EFFECT OF PRESENCE OR ABSENCE OF A QUORUM
 
Sec. 10. Introductory


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

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

[[Page 3632]]

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

[[Page 3633]]

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

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

In General

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

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

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

[[Page 3634]]

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

Sec. 10.2 The Speaker indicated that if a quorum failed to materialize 
    on a yea and nay vote on a motion to adjourn decided in the 
    negative, the House would proceed to establish a quorum under the 
    call of the House which was in progress when the motion to adjourn 
    was made.

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

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

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

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

[[Page 3635]]

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

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

Conducting Business After Quorum Fails to Appear

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

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

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

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

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

[[Page 3636]]

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

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

        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. [Brock] Adams [of Washington]: Mr. Speaker, if under a call 
    of the House, after the call has been made and there is not a 
    motion to dispense with further proceedings, is it true that the 
    doors remain locked, and those that are here must remain present, 
    but that it takes a majority vote of those present to issue a call 
    to the Sergeant at Arms to bring others to the Chamber?
        In other words, that if the doors remain locked, and we did not 
    have a dispensing with further proceedings under the call, what 
    would happen is that the situation would freeze, that those who 
    were present would be required to stay, and that a warrant would 
    not be issued unless there was a majority vote?
        The Speaker: The Chair will state that no further business 
    would be transacted until further proceedings under the call had 
    been dispensed with.
        Mr. Adams: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Adams: It is my understanding that under rule XV--and I 
    direct this as a parliamentary inquiry--that though the call had 
    been made, if there was not a motion made for a majority vote to go 
    and get the Members, and a quorum was present and the doors were 
    locked, the business could proceed even though the call had been 
    started? Is that correct or incorrect?
        The Speaker: The Chair will state that further proceedings--in 
    this case the reading of the Journal--could not proceed until 
    further proceedings under the call have been dispensed with.

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

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

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

[[Page 3637]]

        A call of the House was ordered.
        Mr. [Carl D.] Perkins [of Kentucky]: Mr. Speaker, will the 
    gentleman withhold that request?
        The Speaker: The Chair has announced the absence of a quorum, 
    and the House cannot proceed until a quorum is established. The 
    Clerk will call the roll.

        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 344 Members have answered to 
    their names, a quorum.

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

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

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

Question of Privilege Pending Vote on Point of No Quorum

Sec. 10.8 Where a Member objects to a negative vote on a motion to 
    adjourn on the ground that a quorum is not present, the Chair will 
    not entertain a question of privilege pending disposition of the 
    point of no quorum.

    On Apr. 15, 1970,(4) Speaker pro tempore Charles M. 
Price, of Illinois, refused to entertain a question of personal 
privilege, where the House had just refused to adjourn and objection 
had been
---------------------------------------------------------------------------
 4. For the proceedings of this date, see Sec. 8.6, supra.
---------------------------------------------------------------------------

[[Page 3638]]

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

Definition of Vacating Proceedings

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

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

Adjourning or Continuing Proceedings

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

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

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

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

[[Page 3639]]

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

Adjourning or Instructing Sergeant at Arms

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

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

        The Speaker: The question is on agreeing to the resolution.
        The question was taken; and the Speaker announced that the 
    ``ayes'' appeared to have it.
        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I 
    object to the vote on the ground that a quorum is not present and 
    make the point of order that a quorum is not present.
        The Speaker: The Chair will count. Evidently a quorum is not 
    present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.

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

[[Page 3640]]

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

                                Adjournment

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

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

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

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

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

[[Page 3641]]

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        Mr. [Donald M.] Fraser [of Minnesota]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Fraser: I would like to ask, if I may, where the matter 
    stands now of the call of the House which was made by the majority 
    leader. As I understand it, there is not yet a quorum recorded at 
    the desk.
        The Speaker: The gentleman is correct.
        Mr. Fraser: Now, Mr. Speaker, what are the options open to the 
    House at this point?
        The Speaker: The Chair is patiently waiting to see. Regular 
    order is the establishment of a quorum. If a quorum is not 
    established, then a motion to adjourn would be in order.
        Mr. Fraser: Mr. Speaker, am I correct that if a quorum is not 
    established, there are only two choices open to the House--either a 
    motion to adjourn or a motion to instruct the Sergeant at Arms to 
    produce the missing Members?
        The Speaker: The gentleman is correct.

Arresting Absent Members

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

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

        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, I move that the 
    House do now adjourn.
        The Speaker Pro Tempore: The question is on the motion offered 
    by the gentleman from Ohio.
        The question was taken, and the Speaker pro tempore announced 
    that the noes appeared to have it.
        Mr. Hays: Mr. Speaker, I object to the vote on the ground that 
    a quorum is not present and make the point of order that a quorum 
    is not present. . . .
        The Speaker Pro Tempore: The Chair will count. . . .
        Evidently a quorum is not present.

[[Page 3642]]

        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.
        The question was taken; and there were--yeas 81, nays 75, not 
    voting 274, as follows: . . .
        So the motion was agreed to. . . .
        Mr. [Fletcher] Thompson of Georgia: Mr. Speaker a parliamentary 
    inquiry.
        The Speaker Pro Tempore: The gentleman will state his 
    parliamentary inquiry.
        Mr. Thompson of Georgia: Mr. Speaker, if there is no quorum 
    present, and there is a negative vote, what is the action of the 
    Chair?
        The Speaker Pro Tempore: The Chair will state that the action 
    of the Chair is to wait until a quorum appears.
        Mr. Thompson of Georgia: If no quorum appears, then what?
        The Speaker Pro Tempore: The Chair will state that if a quorum 
    does not appear, then the House operates under the automatic rule 
    that they would bring the Members in.
        Mr. Thompson of Georgia: Is a motion in order to go out and 
    arrest the Members and bring them in?
        The Speaker Pro Tempore: Under the rule, the Sergeant at Arms 
    would bring the Members in.

Proceedings After Quorum Fails to Appear on Vote to Suspend Rules

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

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

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

[[Page 3643]]

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

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

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

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

Proceedings During Special Order

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

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

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

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

[[Page 3644]]

        The Speaker: Evidently a quorum is not present.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.

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

Unfinished Business

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

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

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

        The Clerk read as follows:

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

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

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

[[Page 3645]]

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

                                Adjournment

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

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

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

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

        The Speaker: The question is on the motion.
        The question was taken, and the Speaker announced that the noes 
    appeared to have it.
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, I object to the vote 
    on the ground that a quorum is not present and make the point of 
    order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.
        The question was taken; and there were--yeas 93, nays 143, not 
    voting 199, as follows: . . .
        The result of the vote was announced as above recorded.

Sec. 

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

[[Page 3646]]

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

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

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

[[Page 3647]]

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

Calendar Wednesday

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

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

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

Senate Precedents

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

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

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

[[Page 3648]]

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

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

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

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

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

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

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

[[Page 3649]]

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

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

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

                       Recess to 10 A.M. Monday Next

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

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

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


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
              B. EFFECT OF PRESENCE OR ABSENCE OF A QUORUM
 
Sec. 11. As Related to the Journal

    Rule I clause 1 (16) directs the Speaker to examine the 
Journal of
---------------------------------------------------------------------------
16. House Rules and Manual Sec. 621 (1979).
---------------------------------------------------------------------------

[[Page 3650]]

the preceding legislative day and announce his approval thereof to the 
House. His approval is subject to ratification by the House, and, when 
demanded, this question is put to the House and is subject to a vote. 
One fifth of those present may demand the constitutional yeas and nays 
or an ``automatic'' yea and nay vote under Rule XV clause 4 may result 
if a quorum is not present.(17)
---------------------------------------------------------------------------
17. See Sec. 11.5, infra.
---------------------------------------------------------------------------

    Provisions of the rules adopted in and subsequent to the 93d 
Congress will be discussed in detail in supplements to this edition. 
Changes in the 93d Congress provided that after the presence of a 
quorum is once ascertained, a point of order that a quorum is not 
present could not be made or entertained during the reading of the 
Journal, and Rule I clause l was amended in the 96th Congress to delete 
the requirement for the appearance of a quorum before approval of the 
Journal.                          -------------------

In General

Sec. 11.1 The Speaker having announced his approval of the Journal 
    under Rule I clause 1,(18) a Member may cause an 
    automatic roll call to be taken on the question of approval of the 
    Journal by the House.
---------------------------------------------------------------------------
18. See House Rules and Manual Sec. 621 (1979).
---------------------------------------------------------------------------

    On Oct. 14, 1972,(19) an automatic call of the House was 
taken on the question of approval of the Journal.(20)
---------------------------------------------------------------------------
19. 118 Cong. Rec. 36361, 36362, 92d Cong. 2d Sess.
20. See also 117 Cong. Rec. 28331, 28332, 92d Cong. 1st Sess., July 30, 
        1971, for another illustration of this principle.
---------------------------------------------------------------------------

        The Speaker: (1) The Chair has examined the Journal 
    of the last day's proceedings and announces to the House his 
    approval thereof.
---------------------------------------------------------------------------
 1. Carl Albert (Okla.).
---------------------------------------------------------------------------

        Without objection, the Journal stands approved.
        Mr. [Robert C.] Eckhardt [of Texas]: Mr. Speaker, I object.
        The Speaker: The question is on the approval of the Journal of 
    the last day's proceedings.
        The question was taken, and the Speaker announced that the ayes 
    appeared to have it.
        Mr. Eckhardt: 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 Sergeant at Arms will notify absent Members, and the Clerk 
    will call the roll.
        The question was taken; and there were--yeas 248, nays 3, not 
    voting 180, as follows: . . .

[[Page 3651]]

        So the Journal of the last day's proceedings was approved.

Sec. 11.2 Under earlier rules permitting such procedure, the House has 
    adjourned before the Journal was read, pending a point of order 
    that a quorum was not present.

    On Dec. 7, 1963,(2) the House adjourned before the 
Journal was read.
---------------------------------------------------------------------------
 2. 109 Cong. Rec. 23751, 23752, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        The House met at 12 o'clock noon.
        The Chaplain, Rev. Bernard Braskamp, D.D., offered the 
    following prayer: . . .
        Mr. [William K.] Van Pelt [of Wisconsin]: Mr. Speaker, I make 
    the point of order that a quorum is not present. . . .
        Mr. [John E.] Moss [Jr., of California]: Mr. Speaker, I move 
    that the House do now adjourn.
        The motion was agreed to; accordingly (at 12 o'clock and 2 
    minutes p.m.) the House adjourned until Monday, December 9, 1963, 
    at 12 o'clock noon. order

    Parliamentarian's Note: Rule XXIV clause 1,(3) which 
prescribes the order of business, provides that business on the 
Speaker's table is not disposed of until the Journal has been read and 
approved. Executive communications on the Speaker's table on this 
occasion were held and referred on Dec. 9, 1963.
---------------------------------------------------------------------------
 3. See House Rules and Manual Sec. 878 (1979).
---------------------------------------------------------------------------

    The House met on Saturday, Dec. 7, because the leadership had been 
informed that objection would be raised against any unanimous-consent 
request that the House adjourn from Friday to Monday. Meeting on 
Saturday fulfilled the ``seven legislative days'' requirement of Rule 
XXVII clause 4,(4) and made possible the filing of a 
discharge petition against House Resolution 574 (providing for 
consideration of H.R. 7152, the Civil Rights Act of 1963) on Monday, 
Dec. 9.
---------------------------------------------------------------------------
 4. See House Rules and Manual Sec. 908 (1979).
---------------------------------------------------------------------------

Reading and Approval of the Journal

Sec. 11.3 The roll has been called to ascertain a quorum prior to 
    reading the Journal.

    On Apr. 26, 1948,(5) a call of the House was ordered, 
before the Journal was read.
---------------------------------------------------------------------------
 5. 94 Cong. Rec. 4834, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: (6) The Clerk will read the Journal.
---------------------------------------------------------------------------
 6. Joseph W. Martin, Jr. (Mass.).
---------------------------------------------------------------------------

        Mr. [Ellsworth B.] Buck [of New York]: A point of order, Mr. 
    Speaker. I make the point of order that a quorum is not present.
        The Speaker: Will the gentleman withhold his point of order 
    until after the Journal is read?

[[Page 3652]]

        Mr. Buck: I regret that I must insist on my point of order. Mr. 
    Speaker.
        The Speaker: Will the gentleman withhold his point of order so 
    that the Chair may swear in a new Member?
        Mr. Buck: Yes, Mr. Speaker.

                 Communication From the Clerk of the House

        The Speaker laid before the House the following communication 
    from the Clerk of the House:
                                                   April 24, 1948.
        The Honorable the Speaker,
        House of Representatives.

            Sir: A certificate of election in due form of law showing 
        the election of Hon. John Albert Whitaker as a Representative-
        elect to the Eightieth Congress from the Second Congressional 
        District of the State of Kentucky, to fill the vacancy caused 
        by the resignation of Hon. Earle C. Clements, is on file in 
        this office.
              Very truly yours,
                                                 John Andrews,  
                                                    Clerk of the
                                         House of Representatives.

                           Swearing in of Member

        Mr. [John A.] Whitaker [of Kentucky] appeared at the bar of the 
    House and took the oath of office.

                             Call of the House

        Mr. Buck: Mr. Speaker, I make the point of order that a quorum 
    is not present.
        The Speaker: Obviously a quorum is not present.
        Mr. [Charles A.] Halleck [of Indiana]: 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 roll call, 351 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Journal of the proceedings of Thursday, April 22, 1948, was 
    read and approved.

Sec. 11.4 A quorum call prior to the reading of the Journal, and 
    another quorum call during its reading in full, delayed further 
    consideration of a bill.

    On Mar. 26, 1965,(7) a day scheduled for further 
consideration of H.R. 2362, the Elementary and Secondary Education Act 
of 1965, quorum calls were raised both before and during the reading of 
the Journal.(8)
---------------------------------------------------------------------------
 7. 111 Cong. Rec. 6093-95, 89th Cong. 1st Sess.
 8. Rule XV clause 6(c)(1), [House Rules and Manual Sec. 774c (1979)] 
        adopted on Apr. 9, 1974, providing that after the presence of a 
        quorum is once ascertained a further point of no quorum may not 
        be entertained during the reading of the Journal, will be 
        discussed in detail in supplements to this edition as they 
        appear.
---------------------------------------------------------------------------

        The Speaker: (9) The Clerk will read the Journal of 
    the proceedings of yesterday.
---------------------------------------------------------------------------
 9. John W. McCormack (Mass.).
---------------------------------------------------------------------------

                             Call of the House

        Mr. [Charles E.] Goodell [of New York]: Mr. Speaker, I make the 
    point of order that a quorum is not present.

[[Page 3653]]

        The Speaker: The gentleman from New York makes the point of 
    order before the Journal is read?
        Mr. Goodell: I do, Mr. Speaker.
        The Speaker: The gentleman from New York makes the point of 
    order that a quorum is not present. 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 416 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

                                The Journal

        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.
        Mr. Glenn Andrews [of Alabama] (interrupting the reading of the 
    Journal): Mr. Speaker, I make the point of order that a quorum is 
    not present.
        The Speaker: The Chair will count. (After counting) 222 Members 
    are present, a quorum.
        The Clerk will continue the reading of the Journal.
        The Clerk proceeded to read the Journal.

                             Call of the House

        Mr. Glenn Andrews (interrupting reading of the Journal): Mr. 
    Speaker, I make the point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. Albert: 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 397 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

Sec. 11.5 After 33 calls of the House had delayed the reading and 
    approval of the Journal, the House ordered the doors to the Chamber 
    locked during a call of the House and ordered that they remain 
    locked until disposition of pending business, the reading and 
    approval of the Journal.

    The proceedings of the legislative day of Oct. 8, 1968, are shown 
elsewhere (see Sec. 6.5, supra).

Sec. 11.6 Parliamentarian's Note: Only the names of the Members who 
    failed to respond on a quorum call were spread on the Journal and 
    read in full when demand was made.

    The proceedings which took place on Sept. 13, 1965,(10) 
illustrate the procedures followed
---------------------------------------------------------------------------
10. 111 Cong. Rec. 23598, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 3654]]

when demand was made that the Journal be read in full.(11)
---------------------------------------------------------------------------
11. For the current practice as to the reading of the Journal, see Ch. 
        5, supra.
---------------------------------------------------------------------------

Receipt of Messages

Sec. 11.7 A point of no quorum was made during the reading of the 
    Journal and, at the request of the Chair, was withheld to permit 
    the reception of a message from the Senate.

    On Aug. 27, 1962,(12) a point of no quorum was withheld 
to permit receipt of a message from the Senate.(1)
---------------------------------------------------------------------------
12. 108 Cong. Rec. 17651, 17652, 87th Cong. 2d Sess.
 1. See also 108 Cong. Rec. 19940, 87th Cong. 2d Sess., Sept. 19, 1962, 
        for another illustration of this principle.
---------------------------------------------------------------------------

                                The Journal

        The Speaker: (2) The Clerk will read the Journal of 
    the last day's proceedings.
---------------------------------------------------------------------------
 2. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        The Clerk read as follows:

            Journal of the proceedings of Thursday, August 23, 1962.

        Mr. [John Bell] Williams [of Mississippi] (interrupting the 
    reading of the Journal): Mr. Speaker, I make the point of order 
    that a quorum is not present.
        The Speaker: Will the gentleman withhold the point of order to 
    permit the Chair to receive a message?
        Mr. Williams: I withhold the point of order. . . .
        A message from the Senate by Mr. McGown, one of its clerks, 
    announced that the Senate had passed without amendment bills of the 
    House of the following titles:

            H.R. 2446. An act to provide that hydraulic brake fluid 
        sold or shipped in commerce for use in motor vehicles shall 
        meet certain specifications prescribed by the Secretary of 
        Commerce. . . .

        The Speaker: The gentleman from Mississippi makes the point of 
    order that a quorum is not present.
        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.

Sec. 11.8 Following completion of a call of the House, the Speaker 
    received a message from the President before ordering the Clerk to 
    resume reading the Journal.

    On Aug. 27, 1962,(3) Speaker John W. McCormack, of 
Massachusetts, permitted receipt of a Presidential message following 
completion of a call of the House and prior to resumption of reading of 
the Journal.
---------------------------------------------------------------------------
 3. 108 Cong. Rec. 17653, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move that 
    further proceedings under the call of the House be dispensed with. 
    . . .

[[Page 3655]]

        The Speaker: . . . The question is on the motion to dispense 
    with further proceedings under the call.
        The question was taken. . . .
        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I 
    demand a division.
        The House divided and there were--ayes 146, noes 19.
        Mr. Williams: Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were refused.
        So the motion was agreed to.

                         Message From the President

        A message in writing from the President of the United States 
    was communicated to the House by Mr. Ratchford, one of his 
    secretaries, who also informed the House that on the following 
    dates the President approved and signed bills and a joint 
    resolution of the House of the following titles:

            On August 20, 1962:
            H.R. 12547. An act to amend the act of August 7, 1946, 
        relating to the District of Columbia hospital center, to extend 
        the time during which appropriations may be made for the 
        purposes of that act. . . .

        The Speaker: The Clerk will proceed with the reading of the 
    Journal.
        The Clerk continued the reading of the Journal.

Refusal of Point of No Quorum

Sec. 11.9 Although a point of no quorum may interrupt the reading of 
    the Journal, the Speaker has refused to entertain a point of no 
    quorum where a quorum has just been established by a call of the 
    House and where no further business has been transacted.

    On Jan. 22, 1971,(4) Speaker Carl Albert, of Oklahoma, 
refused to entertain a point of no quorum.
---------------------------------------------------------------------------
 4. 117 Cong. Rec. 131, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Donald W.] Riegle [Jr., of Michigan]: Mr. Speaker, I make 
    the point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. Charles H. Wilson [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 373 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

                                The Journal

        The Speaker: The Clerk will proceed with the reading of the 
    Journal.
        Mr. [James C.] Cleveland [of New Hampshire]: Mr. Speaker, I 
    make the point of order that a quorum is not present.
        The Speaker: A quorum has just been established. There has been 
    no business transacted.
        The Clerk will proceed with the reading of the Journal.

[[Page 3656]]




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

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

Prayers

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

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

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

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

    On Aug. 4, 1950,(6) Speaker Sam Rayburn, of Texas, made 
a ruling regarding the offering of the prayer.(7)
---------------------------------------------------------------------------
 6. 96 Cong. Rec. 11829, 81st Cong. 2d Sess.
 7. See also 92 Cong. Rec. 3567, 79th Cong. 2d Sess., Apr. 12, 1946.
---------------------------------------------------------------------------

        The House met at 10 o'clock a.m.
        The Speaker: The Chaplain will offer prayer.
        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: We will have the prayer first, because that is not 
    considered business.

[[Page 3657]]

        Prayer will be offered by the Chaplain.

Messages

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

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

        The Speaker pro tempore laid before the House the message of 
    the President on the state of the Union and transmitting the 
    Budget.
        (For message, see p. 136 of the proceedings of the Senate of 
    this date.)
        Mr. [Robert F.] Rich [of Pennsylvania] (interrupting the 
    reading of the message): Mr. Speaker, a parliamentary inquiry.
        The Speaker Pro Tempore: (9) The Clerk read a 
    message from the President of the United States, and the Chair 
    feels that an inquiry at this time should not be entertained.
---------------------------------------------------------------------------
 9. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. Rich: Mr. Speaker, I think it is wise that the membership 
    of the House hear the President's message, and I make a point of 
    order that a quorum is not present.
        The Speaker Pro Tempore: Evidently a quorum is not present.
        Mr. [Albert A.] Gore [of Tennessee]: Mr. Speaker, I move a call 
    of the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker Pro Tempore: On this roll call 303 Members have 
    answered to their names; a quorum is present.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Clerk resumed the reading of the President's message.
        Mr. Rich (interrupting the reading of the President's message): 
    Mr. Speaker, I make the point of order that a quorum is not 
    present.
        The Speaker Pro Tempore: Evidently a quorum is not present.
        Mr. [Adolph J.] Sabath [of Illinois]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker Pro Tempore: Two hundred and fifty-four Members 
    have answered to their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Clerk concluded the reading of the President's message.

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

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

[[Page 3658]]

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

    On Aug. 22, 1960,(10) following establishment of a 
quorum, receipt of a message was announced.
---------------------------------------------------------------------------
10. 106 Cong. Rec. 17026, 17027, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker laid before the House the following communication 
    from the Clerk of the House of Representatives:

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

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

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

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

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

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

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

    On Oct. 8, 1968,(11) messages from the President and 
Senate were received pending a call of the House.
---------------------------------------------------------------------------
11. 114 Cong. Rec. 30091, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [William A.] Steiger of Wisconsin: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: (12) Evidently a quorum is not present.
---------------------------------------------------------------------------
12. John W. McCormack (Mass.).
---------------------------------------------------------------------------

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

[[Page 3659]]

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

                         Message From the President

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

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

        The message also announced that the Senate agrees to the report 
    of the committee of conference on the disagreeing votes of the two 
    Houses on the amendments of the Senate to the bill (H.R. 653) 
    entitled ``An act to amend the Tariff Schedules of the United 
    States with respect to the rate of duty on certain nonmalleable 
    iron castings.''. . .
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 286 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

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

    On Oct. 11, 1968,(13) messages were received, as 
follows:
---------------------------------------------------------------------------
13. 114 Cong. Rec. 30816, 30817, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: (14) The gentleman from Ohio insists 
    upon his point of order that a quorum is not present, and evidently 
    a quorum is not present.
---------------------------------------------------------------------------
14. John W. McCormack (Mass.).
---------------------------------------------------------------------------

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

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

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

[[Page 3660]]

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

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

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

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


 
                               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.
---------------------------------------------------------------------------

[[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).
---------------------------------------------------------------------------

[[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.
---------------------------------------------------------------------------
 4. 117 Cong. Rec. 11101, 11102, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        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.
---------------------------------------------------------------------------
 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.
---------------------------------------------------------------------------

    On Aug. 2, 1967,(6) Speaker pro tempore Carl Albert, of 
Oklahoma, refused to recognize a point of no quorum.(7)
---------------------------------------------------------------------------
 6. 113 Cong. Rec. 21095, 90th Cong. 1st Sess.
 7. For the House proceedings on this date, see Sec. 7.17, supra.
---------------------------------------------------------------------------


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
       C. OBJECTIONS TO ABSENCE OF A QUORUM; POINTS OF NO QUORUM
 
Sec. 14. Dilatoriness; Effect of Prior Count

    Rule XVI clause 10,(8) provides that no dilatory motion 
shall be entertained by the Speaker. A1though the question of the 
presence of a quorum is a constitutional one (9) which is 
always in order where the House is conducting business (10) 
and has the
---------------------------------------------------------------------------
 8. House Rules and Manual Sec. 803 (1979).
 9. Sec. 14.2, infra.
10. Sec. 14.3, infra.
---------------------------------------------------------------------------

[[Page 3683]]

highest priority except for the motion to adjourn,(11) the 
Chair may refuse to entertain it if he determines that the motion was 
made for the purpose of delay (12) and the presence of a 
quorum, as evidenced by an immediately preceding vote or quorum call, 
is apparent to him.(13)
---------------------------------------------------------------------------
11. See House Rules and Manual Sec. 769 (1979); 4 Hinds' Precedents 
        Sec. Sec. 2950, 2988; and 6 Cannon's Precedents Sec. 680. See 
        also Sec. 8, supra, for discussions of the motion to adjourn as 
        related to a quorum.
12. Sec. 14.9, infra.
13. Sec. Sec. 14.10 et seq., infra.
---------------------------------------------------------------------------

    However, when presence of a quorum is not apparent or the Chair is 
uncertain, he counts the House.(14) If ``business'' 
(15) has intervened between ascertainment of a quorum and a 
point of no quorum, the Speaker may count the House.(16) 
Where the Speaker ascertains the presence of a quorum by actual count 
following objection to a vote under Rule XV clause 4, or where a demand 
for the yeas and nays is rejected and a division vote is then had on 
the pending question, the division vote is intervening business 
permitting another objection to the lack of a quorum, and the Speaker 
must again count the House. Nonetheless, when convinced that a point of 
no quorum is made for the purpose of obstructing business, the Speaker 
has declined to entertain it even after intervention of 
business.(17) Normally, the Chair declines to hold such a 
point of order dilatory, based upon the constitutional requirement for 
the presence of a quorum.(1)
---------------------------------------------------------------------------
14. Sec. 14.1, infra.
15. For discussion of proceedings which qualify as ``business,'' see 
        Sec. 10, supra.
16. See Sec. Sec. 14.7, 14.8, infra.
17. 8 Cannon's Precedents Sec. 2811.
 1. See Sec. Sec. 14.2, 14.3, infra.
---------------------------------------------------------------------------

    The question of dilatoriness is not necessarily determined by the 
length of time since ascertainment of a quorum or the character of the 
intervening business, but by the Speaker's opinion as to whether, under 
the circumstances, the motion is made with intent to delay the business 
of the House.(2)
---------------------------------------------------------------------------
 2. 8 Cannon's Precedents Sec. 2804.
            See supplements to this edition for discussion of 
        provisions in Rule XV clause 6 adopted by the 93d Congress on 
        Apr. 9, 1974, to the effect that after the presence of a quorum 
        is ascertained, a further point of order that a quorum is not 
        present may not thereafter be made or entertained until 
        additional business 
        intervenes.                          -------------------
---------------------------------------------------------------------------

In General

Sec. 14.1 A point of no quorum may be held to be dilatory when a quorum 
    has been es

[[Page 3684]]

    tablished and it is apparent to the Chair that a quorum remains on 
    the floor of the House; but where the presence of a quorum is not 
    apparent, or the Chair is uncertain, he will count the House.

    On the legislative day of Oct. 8, 1968,(3) during 
consideration of Senate Joint Resolution 175 to suspend the equal-time 
provision of the Communications Act of 1934 for candidates for 
President and Vice President for the 1968 campaign, Speaker John W. 
McCormack, of Massachusetts, clarified certain procedures with respect 
to points of no quorum.
---------------------------------------------------------------------------
 3. 114 Cong. Rec. 30212, 90th Cong. 2d Sess., Oct. 8, 1968 (Calendar 
        Day).
---------------------------------------------------------------------------

        Mr. [Barber B.] Conable [Jr., of New York]: Mr. Speaker, I make 
    the point of order that a quorum is not present.
        Mr. [James C.] Wright [Jr., of Texas]: Mr. Speaker, a point of 
    order.
        The Speaker: The gentleman will state his point of order.
        Mr. Wright: Mr. Speaker, I make a point of order against the 
    gentleman's point of order on the ground that the gentleman's point 
    of order is a dilatory motion, proscribed by the rules, wherein it 
    is clearly set forth that no dilatory motion shall be entertained 
    by the Speaker.
        The Speaker: When it is apparent to the Chair that a quorum is 
    present, the Chair can declare a point of order of no quorum to be 
    dilatory; but when it is apparent to the Chair that a quorum is not 
    present, or the Chair is not certain, the Chair will count. And the 
    Chair will count on this occasion.
        One hundred and fifty-five Members are present, not a quorum.

Chair's Reluctance to Hold Points of No Quorum to Be Dilatory

Sec. 14.2 The Speaker stated that a question as to whether a quorum was 
    present was a constitutional one, and he refused to hold it to be 
    dilatory.

    On May 22, 1946,(4) after debate in the House had been 
interrupted by numerous points of no quorum and calls of the House, 
Speaker Sam Rayburn, of Texas, made a statement as to the 
constitutional nature of a point of no quorum.
---------------------------------------------------------------------------
 4. 92 Cong. Rec. 5445, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Thomas G.] Abernethy [of Mississippi]: Mr. Speaker, I make 
    a point of order that a quorum is not present.
        Mr. [Christian A.] Herter [of Massachusetts]: Mr. Speaker, a 
    point of order.
        The Speaker: The gentleman will state it.
        Mr. Herter: Mr. Speaker, the motion just made is a dilatory 
    motion which should be ruled out under rule XVI.

[[Page 3685]]

        The Speaker: The Chair may say, in reply to the gentleman from 
    Massachusetts, that the question of whether a quorum is present or 
    not is a constitutional one.
        The Chair will count. [After counting.] One hundred and twenty-
    six Members are present, not a quorum.

Sec. 14.3 Since the Constitution defines a quorum of the House and 
    states that it shall be required for the conduct of business, and a 
    point of order that a quorum is not present is the only way a 
    Member has of enforcing this constitutional requirement, the Chair 
    is extremely reluctant to withhold recognition for this purpose.

    On Oct. 8, 1968,(5) (during consideration of Senate 
Joint Resolution 175, to suspend for the 1968 campaign the equal-time 
requirements of the Communications Act of 1934 for candidates for 
President and Vice President, Speaker pro tempore Wilbur D. Mills, of 
Arkansas, responded to a parliamentary inquiry.
---------------------------------------------------------------------------
 5. 114 Cong. Rec. 30097, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The gentleman will state his 
    parliamentary inquiry.
        Mr. [James C.] Wright [Jr., of Texas]: I thank the Speaker for 
    permitting me this additional parliamentary inquiry. . . .
        On occasion the Chair has held that certain motions and points 
    of order amounted to dilatory tactics, and that that was their 
    obvious motivation, and on those occasions the Chair has summarily 
    refused to recognize such obviously dilatory points of order and 
    motions.
        Mr. Speaker, my point of parliamentary inquiry is: would the 
    Chair not feel that under the present situation, with repeated 
    points of order being made that a quorum is not present, 
    immediately followed by the absenting of themselves by certain 
    Members who have come in to answer the quorum, to be a rather 
    obvious dilatory tactic, and one which might obviously lend itself 
    to the assumption on the part of the Chair that a quorum having 
    been established and proven so frequently and repeatedly during the 
    day, would be presumed to be present for the completion of 
    business?
        The Speaker Pro Tempore: The Chair is ready to respond to the 
    parliamentary inquiry posed by the gentleman from Texas.
        It is the understanding of the Chair that no occupant of the 
    Chair has ever in the history of the Congress held that a point of 
    order that a quorum is not present is a dilatory tactic. The 
    reasoning, obviously, is that the Constitution itself requires the 
    presence on the floor of the House of a quorum at all times in the 
    transaction of the business of the House of Representatives.

Sec. 14.4 The Chair has the right under certain circumstances to hold 
    that motions are dilatory, but a point of no quorum is a question 
    of very high privilege.

[[Page 3686]]

    On June 5, 1946,(6) (Speaker Sam Rayburn, of Texas, made 
a statement regarding the Chair's authority to hold that motions are 
dilatory.
---------------------------------------------------------------------------
 6. 92 Cong. Rec. 6352, 6353, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: On this roll call 260 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Speaker: This is Calendar Wednesday.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rankin: Mr. Speaker, I want to know whether these bills to 
    be called on Calendar Wednesday are to be considered in the House 
    as in Committee of the Whole?
        Mr. [Dan R.] McGehee [of Mississippi]: Mr. Speaker, I make the 
    point of order there is not a quorum present.
        The Speaker: There has been no business transacted as yet. The 
    Clerk will call the committees.
        The Clerk: The Committee on Banking and Currency.
        Mr. McGehee: Mr. Speaker, I make the point of order there is 
    not a quorum present.
        Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Speaker, a point of 
    order.
        The Speaker: The gentleman will state it.
        Mr. Keefe: Mr. Speaker, I make the point of order that the 
    point of order raised by the gentleman from Mississippi is purely 
    dilatory. Under section 10, rule XVI of the House, the Chair having 
    just announced that a quorum is present, it is obvious that the 
    point of order made by the gentleman from Mississippi is a purely 
    dilatory motion and should not under the rules of the House be 
    entertained by the Speaker.
        Mr. McGehee: Mr. Speaker, in my opinion it does not lie within 
    the province of any Member of the House to criticize or impugn the 
    motive of any other Member when he makes a point of order in 
    connection with any procedure on the floor of the House. Important 
    legislation is contemplated being taken up and I observe on the 
    floor at present that evidently there is not a quorum present and I 
    therefore make the point of order that a quorum is not present.
        The Speaker: The Chair, of course, has the right under certain 
    circumstances to hold that motions are dilatory but a point of no 
    quorum is a question of very high privilege. The Chair will not 
    state what he will do at other times. The gentleman makes the point 
    of order that a quorum is not present. The Chair will count. [After 
    counting.] One hundred and thirty-three Members are present; not a 
    quorum.

Sec. 14.5 The Speaker overruled a point of order that a Member making a 
    point of order that a quorum was not present was exercising a 
    dilatory tactic.

    On Jan. 23, 1950,(7) (during consideration of House 
Resolution
---------------------------------------------------------------------------
 7. 96 Cong. Rec. 774, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3687]]

217, which provided for consideration of H.R. 331, to extend statehood 
to Alaska, Speaker Sam Rayburn, of Texas, ruled on a point of order of 
dilatoriness.(8)
---------------------------------------------------------------------------
 8. See also, for example, 92 Cong. Rec. 6352-56, 79th Cong. 2d Sess., 
        June 5, 1946.
---------------------------------------------------------------------------

        Mr. [George W.] Andrews [of Alabama]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        Mr. [Adolph J.] Sabath [of Illinois]: Mr. Speaker, I make the 
    point of order that the gentleman's point of order is dilatory.
        The Speaker: The Chair overrules the point of order made by the 
    gentleman from Illinois.
        The Chair will count. [After counting.] Two hundred and twenty-
    four Members are present, a quorum.

Sec. 14.6 Insistence by a Member on the presence of a quorum on the 
    floor, evidenced by repeated points of no quorum, was held not to 
    be dilatory where a quorum was in fact not present; and the Speaker 
    refused to find that such points of order were designed to 
    deliberately delay public business.

    On July 23, 1942,(9) (during consideration of House 
Resolution 528 and H.R. 7416, which provided for absentee voting by 
members of the armed forces, Speaker Sam Rayburn, of Texas, rejected a 
point of dilatoriness.
---------------------------------------------------------------------------
 9. 88 Cong. Rec. 6543, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin of Mississippi: Mr. Speaker, I make the 
    point of order that there is no quorum present. If we are to 
    discuss this matter I think a quorum should be present.

        Mr. [Earl C.] Michener [of Michigan]: Mr. Speaker, I make the 
    point of order that the gentleman from Mississippi has clearly 
    evidenced the fact that he is filibustering, and that his only 
    object in pursuing the tactics he is pursuing is to delay the 
    passage of the Ramsay bill, to which he objects. It surely must be 
    apparent to the Speaker that these quorum calls are for the sole 
    purpose of delay. Therefore the action of the gentleman from 
    Mississippi is dilatory and out of order.
        Mr. Rankin of Mississippi rose.
        The Speaker: The Chair trusts that he will never be called upon 
    to make a ruling that a Member is deliberately delaying public 
    business. There is a quorum in town. I think the gentleman from 
    Mississippi, for the moment, at least, is within his rights in 
    asking that a quorum be present.
        The Chair will count. [After counting.] Evidently there is no 
    quorum present.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I move 
    a call of the House.
        A call of the House was ordered.

Points of No Quorum After Intervening Business

Sec. 14.7 The point of order that a quorum was not present was held not 
    to be dilatory; The

[[Page 3688]]

    Speaker noted that business had intervened in that unanimous-
    consent requests had been granted following the last quorum call, 
    and that Members were entitled to have a quorum present to have 
    business transacted in the regular way.

    On Apr. 24, 1956,(10) while Mr. Carl Vinson, of Georgia, 
spoke under a special-order agreement, Speaker Sam Rayburn, of Texas, 
refused to hold dilatory a point of no quorum.
---------------------------------------------------------------------------
10. 102 Cong. Rec. 6889, 6891, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [James C.] Davis [of Georgia]: The gentleman is making a 
    great speech and I think it should be heard by the entire 
    membership. Mr. Speaker, I insist on my point of order.
        Mr. [John W.] McCormack [of Massachusetts]: 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: Two hundred and ninety-two Members have answered 
    to their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        Mr. [John W.] Heselton [of Massachusetts]: Mr. Speaker, I ask 
    unanimous consent that I may be permitted to have 2 days to file 
    minority views with respect to H.R. 8901, the District of Columbia 
    transit bill.
        The Speaker: Is there objection to the request of the gentleman 
    from Massachusetts?
        There was no objection.
        Mr. Vinson: Mr. Speaker, as I said just before the quorum call, 
    I refer specifically to the decision of the Supreme Court of May 
    17, 1954. . . .
        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, a point 
    of order.
        The Speaker: The gentleman will state his point of order.
        Mr. Williams of Mississippi: Mr. Speaker, I make the point of 
    order that a quorum is not present.
        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, I object to 
    the point of order.
        Mr. Vinson: Will the gentleman not withhold that? I have only 
    about 5 minutes.
        Mr. Williams of Mississippi: Mr. Speaker, I withdraw the point 
    of order.
        Mr. Vinson: Mr. Speaker, I deny with all the power of my being 
    the naive presumption that the Constitution of the United States is 
    nothing more than what the Supreme Court says it is. . . .
        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. Yates: 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.
        Mr. Yates: Since the last point of order on a quorum there has 
    been no further transaction of business, and it is obvious that the 
    points of order being made are dilatory.

[[Page 3689]]

        The Speaker: There were various unanimous-consent requests 
    granted since the last call of the House. The Chair has been up 
    against this question of whether there was a filibuster or whether 
    there was not a great many times. This occupant of the Chair is 
    very liberal with Members who want a quorum present or to have 
    business transacted in the regular way. The Chair is not going to 
    hold that this point of order is dilatory.

Sec. 14.8 Precedents of the House which indicate that the Chair has 
    held a point of no quorum to be dilatory when it immediately 
    follows a call of the House which discloses the presence of a 
    quorum are not applicable to the situation where there is 
    ``intervening business'' between the establishment of the quorum 
    and the making of the point of no quorum; the correction of a roll 
    call, by unanimous consent, is such ``business'' as will prevent 
    the Chair from holding the point of order to be dilatory on its 
    face.

    On Oct. 8, 1968,(11) Speaker pro tempore Carl Albert, of 
Oklahoma, ruled on a question of dilatoriness.
---------------------------------------------------------------------------
11. 114 Cong. Rec. 30224, 90th Cong. 2d Sess. Calendar day of Oct. 9.
---------------------------------------------------------------------------

        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The Speaker Pro Tempore: The gentleman from Ohio makes the 
    point of order that a quorum is not present.
        Mr. [Brock] Adams [of Washington]: A point of order, Mr. 
    Speaker. There has been no intervening business since the rollcall 
    on the resolution which indicated a quorum.
        The Speaker Pro Tempore: The Chair will state that the 
    gentleman is in error, since we have had a correction of a 
    rollcall.
        The gentleman from Ohio makes the point of order that a quorum 
    is not present. Evidently a quorum is not present.
        Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Speaker, I move a call 
    of the House.
        A call of the House was ordered.

When Points of No Quorum Not Entertained

Sec. 14.9 Repeated points of no quorum may be held to be dilatory in 
    the Committee of the Whole if, after the Chair has once counted and 
    found a quorum present, it appears to him that further points of 
    order are without foundation.

    On Dec. 30, 1932,(12) during consideration of H.R. 
13872, the Department of Agriculture appropriation bill, Chairman 
Andrew J. Montague, of Virginia, held that a point of no quorum was 
dilatory.
---------------------------------------------------------------------------
12. 76 Cong. Rec. 1123, 72d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Leonidas C.] Dyer [of Missouri)]: Mr. Chairman, I make the

[[Page 3690]]

    point of order there is not a quorum present.
        The Chairman: The Chair will count. [After counting.] One 
    hundred and five are present, a quorum.

        Mr. [Miles C.] Allgood [of Alabama]: Mr. Chairman, I ask 
    unanimous consent to return to page 52, line 23, for the purpose of 
    offering an important amendment.
        Mr. [James P.] Buchanan [of Texas]: Mr. Chairman, I object.
        Mr. Allgood: Mr. Chairman, I make the point of order that there 
    is not a quorum present.
        Mr. [Fiorello H.] LaGuardia [of New York]: Mr. Chairman, that 
    point of order is dilatory, because the Chair has just counted and 
    found a quorum present.
        The Chairman: The Chair has counted a quorum and will not 
    entertain the point of order raised by the gentleman from Alabama.
        Mr. Allgood: But the Members who were in the Chamber when the 
    Chair counted a quorum have returned to the cloakroom.
        The Chairman: The Chair believes a quorum is still present. The 
    Clerk will read.

Sec. 14.10 The Speaker may decline to entertain a point of no quorum 
    after the House has voted to resolve itself into the Committee of 
    the Whole and while the Speaker is in the process of leaving the 
    chair.

    On Apr. 14, 1937,(13) the House was proceeding with the 
call of committees under the Calendar Wednesday rule. The House having 
voted to consider a bill, Speaker William B. Bankhead, of Alabama, 
refused to entertain a point of order that a quorum was not present 
made after his announcement that the House had resolved itself into the 
Committee of the Whole but before he had vacated the chair.
---------------------------------------------------------------------------
13. 81 Cong. Rec. 3455, 3456, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        The yeas and nays were ordered.
        The Speaker: The question is, Will the House consider the bill 
    (H.R. 1668) to amend paragraph (1) of section 4 of the Interstate 
    Commerce Act, as amended February 28, 1920 (U.S.C., title 49, sec. 
    4)?
        The question was taken; and there were--yeas 278, nays 97, 
    answered ``present'' 1, not voting 54, as follows: . . .
        The result of the vote was announced as above recorded.
        The Speaker: The House automatically resolves itself into the 
    Committee of the Whole House on the State of the Union for the 
    consideration of the bill.
        Mr. [Schuyler Otis] Bland [of Virginia]: Mr. Speaker, I make 
    the point of order there is not a quorum present.
        The Speaker: The Chair feels compelled to overrule the point of 
    order, as the recent vote discloses a quorum is present.

Sec. 14.11 The Speaker held as dilatory a point of no quorum made 
    immediately after a yea and nay vote which disclosed a quorum

[[Page 3691]]

    present where the only event intervening between announcement of 
    the vote and the point of no quorum was the receipt of a message.

    On July 21, 1947,(14) Speaker Sam Rayburn, of Texas, 
ruled on a point of no quorum.
---------------------------------------------------------------------------
14. 93 Cong. Rec. 9523, 9524, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Tom] Pickett [of Texas]: Mr. Speaker, I move that the 
    House do now adjourn. . . .
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 85, nays 299, not 
    voting 46, as follows: . . .
        The result of the vote was announced as above recorded.
        The Speaker: The gentleman from New York [Mr. Gamble] is 
    recognized.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rankin: Mr. Speaker, I notice there is a message here from 
    the President. Do we not receive them when they come in?
        The Speaker: The Chair was about to suspend for a moment to 
    receive a message.
        [A message in writing from the President of the United States 
    was announced and received.]
        Mr. Rankin: Mr. Speaker, I make the point of order there is not 
    a quorum present.

        The Speaker: The gentleman's point of order is dilatory. That 
    is obvious to all Members.

Sec. 14.12 After stating that, ``. . . he [the Speaker] has yet to hold 
    a motion to be dilatory, and will not until it becomes obvious to 
    everybody that dilatory tactics are being indulged in and that a 
    filibuster is being conducted,'' the Speaker declined to recognize 
    a point of no quorum immediately after a vote by yeas and nays 
    which disclosed that 362 Members were present.

    On July 25, 1949,(15) Speaker Sam Rayburn, of Texas, 
refused to recognize a point of no quorum.
---------------------------------------------------------------------------
15. 95 Cong. Rec. 10095, 10096, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Robert L. F.] Sikes [of Florida]: Mr. Speaker, I move that 
    the House do now adjourn.
        The Speaker: The gentleman from Florida moves that the House do 
    now adjourn.
        The Chair desires to make a statement. Since the present 
    Speaker has occupied the chair he has yet to hold a motion to be 
    dilatory, and will not until it becomes obvious to everybody that 
    dilatory tactics are being indulged in and that a filibuster is 
    being conducted.
        The question is on the motion to adjourn.
        Mr. Sikes: Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were ordered.
        The Clerk called the roll; and there were--yeas 110, nays 252, 
    not voting 70, as follows: . . .

[[Page 3692]]

        The result of the vote was announced as above recorded.
        The Speaker: The question is on agreeing to the resolution.
        Mr. [Tom] Pickett [of Texas]: Mr. Speaker, I make a point of 
    order that a quorum is not present.
        The Speaker: The roll call just disclosed that there were 362 
    Members present, quite a substantial quorum.

Sec. 14.13 The Speaker, being satisfied that a quorum was present and 
    that a point of no quorum was made for dilatory purposes, declined 
    to entertain it and allowed debate to proceed without taking time 
    to count the House.

    On June 3, 1960,(1) Speaker Sam Rayburn, of Texas, 
refused to entertain a point of no quorum where more than the number 
necessary to make a quorum had just responded on a yea and nay vote on 
a motion to adjourn.
---------------------------------------------------------------------------
 1. 106 Cong. Rec. 11829, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The question is on the motion to adjourn.
        Mr. [John James] Flynt [Jr., of Georgia]: Mr. Speaker, on that 
    I demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 77, nays 195, not 
    voting 159. . . .
        So the motion to adjourn was rejected. . . .
        The result of the vote was announced as above recorded.
        The Speaker: Under previous order of the House, the gentleman 
    from California [Mr. Holifield] is recognized for 60 minutes.
        Mr. [Carroll D.] Kearns [of Pennsylvania]: Mr. Speaker, will 
    the gentleman yield?
        Mr. [Chet] Holifield: I yield to the gentleman from 
    Pennsylvania.
        Mr. Kearns: Mr. Speaker, I make the point of order that there 
    is no quorum present.
        The Speaker: The roll was called only 1 minute ago and a quorum 
    was present. A quorum is present.
        The gentleman from California.

Sec. 14.14 After he counted a quorum and a quorum failed to vote on an 
    amendment immediately thereafter, the Speaker in reply to a point 
    of order ruled that a quorum remained present at the time of the 
    division vote and the Chair was not responsible if all Members did 
    not vote.

    On Apr. 2, 1943,(2) after a vote held during 
consideration of H.R. 2087, the War Security Act, Speaker Sam Rayburn, 
of Texas, rejected a point of no quorum.
---------------------------------------------------------------------------
 2. 89 Cong. Rec. 2886, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: The Chair will count. [After counting.] Two 
    hundred and nineteen Members are present, a quorum.

[[Page 3693]]

        The question is on the amendment offered by the gentleman from 
    Wisconsin.
        The question was taken; and the Chair being in doubt, the House 
    divided, and there were--ayes 62, noes 112.
        Mr. [Harry] Sauthoff [of Wisconsin]: Mr. Speaker, I object to 
    the vote on the ground that a quorum is not present.
        The Speaker: The Chair has just counted, and a quorum was 
    present. The Chair is not responsible if all Members in the House 
    do not vote. The Chair must hold that a quorum is present.
        So the amendment was rejected.

Sec. 14.15 Where the House ordered the doors of the Chamber locked 
    until establishment of a quorum and disposition of pending 
    business, the Chair indicated that after a quorum was present in 
    the Chamber further points of no quorum would be dilatory until the 
    business was completed and the doors opened.

    On the legislative day of Oct. 8, 1968,(3) during 
consideration of Senate Joint Resolution 175, to suspend the equal-time 
requirement of the Communications Act of 1934, for candidates for 
President and Vice President, Speaker John W. McCormack, of 
Massachusetts, made a statement as to assuming the presence of a quorum 
when the doors were locked to prevent exit of Members.
---------------------------------------------------------------------------
 3. 114 Cong. Rec. 30213, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar 
        Day).
---------------------------------------------------------------------------

        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford: Let me repeat the language of the motion of 
    the gentleman from Washington:

            That a motion be made for the majority here that those who 
        are not present be sent for wherever they are found and 
        returned here on the condition that they shall not be allowed 
        to leave the Chamber until such time as the pending business 
        before this Chamber on this legislative day shall have been 
        completed.

        Mr. Speaker, I respectfully argue that in the language used by 
    the gentleman from Washington in the motion that he made, he says 
    very specifically and very categorically that those who are not 
    here are the ones who must be kept in the Chamber.
        Mr. [John D.] Dingell [of Michigan]: Mr. Speaker, I demand the 
    regular order.
        The Speaker: The regular order is that the gentleman is making 
    a parliamentary inquiry.
        Mr. Gerald R. Ford: And I am indicating, Mr. Speaker, in my 
    parliamentary inquiry, that the doors to the Chamber shall not be 
    closed to those Members who were here at the time of the call for 
    the quorum.
        The Speaker: The Chair, in response to the parliamentary 
    inquiry of

[[Page 3694]]

    the distinguished minority leader, feels, in construing the motion, 
    that a part of the construction is the happenings of the last 10 or 
    12 or more hours and the intent and purpose of the gentleman from 
    Washington in making the motion.
        It seems to the Chair, in response to the parliamentary 
    inquiry--and the Chair makes such a response--that the motion 
    offered by the gentleman from Washington [Mr. Adams] meant that any 
    Member who answered the last quorum call cannot leave the Chamber 
    until the pending business has been disposed of; and the doors will 
    be kept closed.
        The Chair might observe in relation to any future points of 
    order that a quorum is not present that apparently a quorum is 
    present because the last one disclosed 222 Members and the Chair is 
    justified in assuming that the 222 Members are still here. The 
    doors will remain locked until the present business is disposed of.

Sec. 14.16 The Speaker has refused to entertain a point of no quorum 
    where a quorum had just been established by a call of the House and 
    where no further business had been transacted.

    On Jan. 22, 1971,(4) Speaker Carl Albert, of Oklahoma, 
refused to entertain a point of no quorum.
---------------------------------------------------------------------------
 4. 117 Cong. Rec. 131, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.
        Mr. [Donald W.] Riegle [Jr., of Michigan]: Mr. Speaker, I make 
    the point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. Charles H. Wilson [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 373 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Speaker: The Clerk will proceed with the reading of the 
    Journal.
        Mr. [James C.] Cleveland [of New Hampshire]: Mr. Speaker, I 
    make the point of order that a quorum is not present.
        The Speaker: A quorum has just been established. There has been 
    no business transacted.
        The Clerk will proceed with the reading of the Journal.

Sec. 14.17 Where a quorum has been established on a call of the House 
    and the Chair then lays a message before the House, a further point 
    of no quorum is not entertained before the message is read by the 
    Clerk or other business is transacted.

    On Apr. 21, 1971,(5) Speaker Carl Albert, of Oklahoma, 
ruled

[[Page 3695]]

on the timeliness of a point of no quorum raised after a message was 
received but before it was read.(6)
---------------------------------------------------------------------------
 5. 117 Cong. Rec. 11095, 11096, 92d Cong. 1st Sess.
 6. See supplements to this edition for discussion of provisions in 
        Rule XV clause 6 added by the 93d Congress 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.
---------------------------------------------------------------------------

        Mr. [Andrew] Jacobs [Jr., of Indiana]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. [Thomas P.] O'Neill [of Massachusetts]: 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 334 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.  . . .
        The Speaker: The Chair lays before the House the following 
    message from the President of the United States:

        Mr. Jacobs: Mr. Speaker, I make a point of order that a quorum 
    is not present.
        The Speaker: A rollcall just disclosed the presence of a 
    quorum.
        Mr. Jacobs: I make the point of order that a quorum is not 
    present, Mr. Speaker, obviously not.
        The Speaker: The Chair advises the gentleman that a quorum has 
    just been established and no business has transpired.
        Mr. Jacobs: At the moment I make a point of order that a quorum 
    is not present.
        The Speaker: The gentleman's point of order is out of 
    order.                          -------------------


 
                               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)
---------------------------------------------------------------------------
 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.

---------------------------------------------------------------------------

[[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.
---------------------------------------------------------------------------
 1. 102 Cong. Rec. 6891, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        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:
---------------------------------------------------------------------------
 2. 86 Cong. Rec. 4517, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        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.
---------------------------------------------------------------------------
 3. 114 Cong. Rec. 30093, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        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.
---------------------------------------------------------------------------
 4. Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

        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.
---------------------------------------------------------------------------
 5. 88 Cong. Rec. 6540, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        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)
---------------------------------------------------------------------------
 6. 110 Cong. Rec. 12521, 88th Cong. 2d Sess.
 7. See also 110 Cong. Rec. 7353-55, 88th Cong. 2d Sess., Apr. 9, 1964.
---------------------------------------------------------------------------

        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.
---------------------------------------------------------------------------
 8. 112 Cong. Rec. 27512, 27513, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        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.
---------------------------------------------------------------------------
 9. 108 Cong. Rec. 23433, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        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.)


 
                               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)
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------
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.

---------------------------------------------------------------------------

[[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.
---------------------------------------------------------------------------

        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.
---------------------------------------------------------------------------
10. 118 Cong. Rec. 19353, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

        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.
---------------------------------------------------------------------------
11. 80 Cong. Rec. 3459, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        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.
---------------------------------------------------------------------------
12. See House Rules and Manual Sec. 863 (1979).
---------------------------------------------------------------------------

    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)
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
18. See House Rules and Manual Sec. 863 (1979).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

        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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
23. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        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.



 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
       C. OBJECTIONS TO ABSENCE OF A QUORUM; POINTS OF NO QUORUM
 
Sec. 17. Absence of Quorum in Standing Committee as Bar to Floor 
    Consideration or Other Subsequent Proceedings

    According to Jefferson's Manual,(24) a majority of a 
committee acting when together constitutes a quorum for business. A 
rule (25) further provides that no measure or recommendation 
shall be reported from any committee unless a majority of the committee 
was actually present. Because of this provision, a point of order that 
a quorum was not present when a committee reported a measure, if
---------------------------------------------------------------------------
24. House Rules and Manual Sec. Sec. 407, 409 (1979). See supplements 
        to this edition for discussion of Rule XI clause 2(h)(2) 
        adopted in the 95th Congress for recent rule permitting 
        committees to adopt a rule designating one-third of the members 
        as a quorum for certain preliminary business.
25. Rule XI clause 2(1)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

[[Page 3711]]

made in a timely fashion and sustained, bars consideration on the 
floor.

    A decision by the Chair to recommit a measure because a quorum was 
not present when it was reported from committee is made after a series 
of steps. After the chairman of the committee or other designated 
person requests floor consideration, a point of order that a quorum was 
not present in the committee when the measure was reported may be 
made.(26) If the point of order has been raised at the 
appropriate time, the Chair may examine the committee report or inquire 
of the committee chairman or floor manager whether the allegation is 
true.(27) Based on the answer of the committee chairman, who 
is obligated to be certain in his response, the Chair sustains or 
overrules the point of order. When the point is sustained, the measure 
is recommitted to the committee.(28)
---------------------------------------------------------------------------
26. See Sec. Sec. 17.7-17.10, for precedents relating to the 
        appropriate time to raise this point of order.
27. See Sec. Sec. 17.17-17.19, for precedents relating to questioning 
        committee chairmen.
28. Sec. 17.19, infra.
---------------------------------------------------------------------------

    Whether a quorum is actually present also affects issues which do 
not arise on the floor, such as criminal culpability for perjury in 
testimony given to a House committee. In Christoffel v United 
States,(29) the United States Supreme Court with four 
members dissenting reversed a conviction under a District of Columbia 
statute (30) which defines perjury as falsifying testimony 
``before a competent tribunal,'' because a quorum of the Committee on 
Education and Labor was not present when the allegedly perjurious 
statements were made. The Court observed that the Constitution 
(1) authorizes each House to determine the rules of its 
proceedings, and that the rules of the House apply to committees 
(2) and authorize calls of the House when a quorum is not 
present; (3) furthermore, a statute (4) (which is 
also a
---------------------------------------------------------------------------
29. 338 U.S. 84 (1949). The Court in a footnote alluded to Meyers v 
        United States, 171 F2d 800, 11 A.L.R. 2d 1 (1948) in which the 
        Court of Appeals for the District of Columbia Circuit reversed 
        a perjury conviction because a Senate subcommittee lacked a 
        quorum when allegedly perjurious testimony was given.
30. D.C. Code Anno. Sec. 22-2501.
 1. U.S. Const. art. I, Sec. 5, clause 2.
 2. Rule XI clause 1(a)(1), House Rules and Manual Sec. 703(a) (1979).
 3. Rule XV clauses 2(a), 4, House Rules and Manual Sec. Sec. 768, 773, 
        respectively (1979).
 4. Legislative Reorganization Act of 1946, Pub. L. No. 601, Ch. 753, 
        Sec. 133(d), 60 Stat. 812.
---------------------------------------------------------------------------

[[Page 3712]]

rule) provides that no measure or recommendation shall be reported from 
any committee unless a majority was actually present. Basing its ruling 
on the aforementioned provisions, the Court held that a quorum of the 
committee must be present to satisfy the ``competent tribunal'' element 
of the crime of perjury. By admitting Christoffel's evidence that a 
quorum was not present when the allegedly perjurious testimony was 
given (5) notwithstanding the fact that committee records 
showed that a quorum was present when the meeting was convened and no 
Member during the session objected to absence of a quorum, the Court 
accepted Christoffel's contention that a criminal trial is an 
appropriate occasion for a defendant to raise the quorum issue.
---------------------------------------------------------------------------
 5. The Court alluded to evidence tending to show that as few as six of 
        the 25 committee members were in attendance during parts of 
        Christoffel's testimony. 338 U.S. 80, 86 (1949). Clause 2(h)(1) 
        of Rule XI was added on Mar. 23, 1955, to require that a quorum 
        in committee for taking testimony and receiving evidence shall 
        not be less than two.
---------------------------------------------------------------------------

    Convicting Christoffel in the face of evidence that a quorum was 
not present when allegedly perjurious statements were made was found to 
be not only contrary to the rules and practices of the House, but a 
denial of his fundamental right to be convicted only on proof beyond a 
reasonable doubt of all elements of the crime. ``A tribunal that is not 
competent is no tribunal, and it is unthinkable that such a body can be 
the instrument of a criminal conviction.'' (6)
---------------------------------------------------------------------------
 6. 338 U.S. 80, 90 (1949).
---------------------------------------------------------------------------

    The dissenting opinions argued that the majority denied records of 
Congress the credit and effect to which they are entitled. Instead, it 
was felt, the Court should defer to the ``universal practice'' of 
assumption of a quorum unless and until a point of no quorum is made in 
the committee meeting.(7)
---------------------------------------------------------------------------
 7. Id. at pp. 90, 91.
---------------------------------------------------------------------------

    The Supreme Court in United States v Bryan (8) upheld a 
trial court conviction (which had been reversed by the Court of Appeals 
for the District of Columbia Circuit) for willful failure to comply 
with a committee subpena under a federal statute.(9) In 
reaching this holding the Court rejected
---------------------------------------------------------------------------
 8. 339 U.S. 323 (1950); reh. den. 339 U.S. 991 (1950).
 9. 2 USC Sec. 192, which provides in relevant part that every person 
        who, having been summoned to produce papers before a committee, 
        willfully defaults shall be deemed guilty of a misdemeanor.
---------------------------------------------------------------------------

[[Page 3713]]

Bryan's contention that the Committee on Un-American Activities, by 
lacking a quorum when she appeared and refused to produce the 
organizational records under her control, was without power to receive 
such subpenaed documents and that the committee could not be obstructed 
because it was ``organizationally defective.'' (10) Such 
defense, based on Christoffel v United States,(11) was held 
to be inapposite because the District of Columbia perjury statute 
(12) in Christoffel required an affirmative act, 
falsification of testimony ``before a competent tribunal,'' while the 
statute in Bryan (13) required intentional failure to 
produce papers without mentioning anything about competency of the 
tribunal.(14)
---------------------------------------------------------------------------
10. 339 U.S. 323, 328 (1950).
11. 338 U.S. 80 (1949).
12. D.C. Code Anno. Sec. 22-2501.
13. 2 USC Sec. 192.
14. 339 U.S. 323, 329, 330 (1950).
---------------------------------------------------------------------------

    There were other reasons to reject Bryan's defense. Her refusal to 
produce papers obstructed the legislative inquiry, a situation the 
statute was designed to punish. Furthermore, her failure to raise an 
objection to lack of a quorum during the hearing when that defect could 
have been remedied, rather than at the trial two years later, violated 
the minimum duties and obligations imposed on a witness by a 
subpena.(15)
---------------------------------------------------------------------------
15. See the portion of the opinion designated ``Second,'' 339 U.S. 323, 
        331-335 (1950), for these reasons. The Court's conclusion on 
        the issue of timeliness of raising the point of no quorum 
        contrasts markedly with its conclusion, on the same facts (but 
        in relation to a different criminal offense), in Christoffel v 
        United States, 338 U.S. 84, 88 (1949), which held that a 
        criminal trial is a proper time first to raise an objection to 
        lack of a quorum. Justice Jackson, in his concurring opinion in 
        United States v Bryan, 339 U.S. 323, 343-346 (1950) comments on 
        this disparity.                          -------------------
---------------------------------------------------------------------------

In General

Sec. 17.1 No measure or recommendation shall be reported from any 
    committee unless a majority of the committee was actually present 
    when such measure was ordered to be reported.(16)
---------------------------------------------------------------------------
16. See Rule XI clause 2(1)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

    On May 11, 1950,(17) upon consideration of a privileged 
resolution, House Resolution 495, reported from the Committee on House 
Administration, John W. McCormack, of Massachusetts, Speaker pro 
tempore, made a rul
---------------------------------------------------------------------------
17. 96 Cong. Rec. 6920, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3714]]

ing based on the requirement of a quorum in committees.

        Mr. [Wayne L.] Hays of Ohio: Mr. Speaker, I make a point of 
    order against the consideration of the resolution on the ground 
    that a quorum was not present when it was reported out of 
    committee.
        Mrs. [Mary T.] Norton [of New Jersey]: Mr. Speaker, we did have 
    a quorum present, but some Members may have slipped out of 
    committee during the consideration of the resolution. I assumed 
    that a quorum was present.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Rankin: Mr. Speaker, it is too late to raise the point of 
    order that a quorum was not present in the committee after it has 
    reached the floor of the House. If no point of order is made in the 
    committee, the presumption is that a quorum was present. To take 
    any other attitude would virtually paralyze legislation. If no 
    point of order was made at the time, the presumption then is that a 
    quorum was present.
        The Speaker Pro Tempore: The Chair will state in response to 
    the parliamentary inquiry that the point of order is properly 
    addressed at this point because the resolution has just been 
    reported to the House. . . .
        Mr. Rankin: Mr. Speaker, a further point of order. This is a 
    very serious proposition that really affects the orderly procedure 
    of the House. I make the point of order that it is too late to 
    raise a point of order that there was no quorum present in the 
    committee unless that point of order was made in the committee.
        The Speaker Pro Tempore: The Chair will state that the point of 
    order can be made in the House when the report is made. A point of 
    order that a quorum was not present when the resolution was 
    reported out can be made when the resolution is reported to the 
    House. For that reason the Chair rules that the gentleman from Ohio 
    [Mr. Hays] is within his rights at this particular time in making 
    the point of order that he has.
        Mrs. Norton: Mr. Speaker, if the gentleman insists on his point 
    of order, I will withdraw the resolution.
        The Speaker Pro Tempore: The resolution is withdrawn. . . .
        Mr. Rankin: Mr. Speaker, under the rules of the House and the 
    rules of every committee, legislation is passed every day without a 
    quorum being present, and unless that question is raised they 
    cannot go into the courts and contest the legislation. The same 
    thing applies to the committee. A ruling to the contrary would 
    simply demoralize legislative procedure as far as the committees of 
    this House are concerned.
        The Speaker Pro Tempore: The Chair calls the attention of the 
    gentleman from Mississippi to paragraph (d) of section 133 of the 
    Legislative Reorganization Act, which reads as follows:

            No measure or recommendation shall be reported from any 
        such committee unless a majority of the committee was actually 
        present.(18)
---------------------------------------------------------------------------
18. See Rule XI clause 2(1)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979), which adopts this language. This provision, however, 
        did not become part of the rules until Jan. 3, 1953, after the 
        above proceedings took place.

---------------------------------------------------------------------------

[[Page 3715]]

Sec. 17.2 A standing committee cannot validly report a measure unless 
    the report was authorized at a formal meeting of the committee with 
    a quorum present and the mere fact that a majority of the committee 
    members have ``approved'' the report (but not in a formal meeting 
    of the committee) will not suffice.

    On Sept. 30, 1966,(19) Speaker John W. McCormack, of 
Massachusetts, ruled on an objection to a motion to consider a 
committee report.
---------------------------------------------------------------------------
19. 112 Cong. Rec. 24548, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Omar T.] Burleson [of Texas]: Mr. Speaker, by direction of 
    the Committee on House Administration, I submit the following 
    privileged report, Report No. 2158, to accompany House Resolution 
    1028, providing funds for the Committee on House Administration, 
    and ask for its immediate consideration.
        Mr. [Jonathan B.] Bingham [of New York]: Mr. Speaker, a point 
    of order.
        The Speaker: The Chair would like to ask the gentleman from 
    Texas if he is undertaking to bring this resolution up by unanimous 
    consent, or is he reporting it and calling it up as privileged 
    business?
        Mr. Burleson: Mr. Speaker, I submit the report as a privileged 
    matter. Should a point of order be raised and should the point of 
    order be sustained, then I would ask unanimous consent for the 
    consideration of House Resolution 1028.
        The Speaker: For what purpose does the gentleman from New York 
    rise?
        Mr. Bingham: I make a point of order against the resolution, 
    Mr. Speaker.
        The Speaker: On what grounds?
        Mr. Bingham: On the grounds that a quorum of the committee was 
    not present when the resolution was reported. There are a number of 
    members of the committee who have not had an opportunity to have 
    this resolution discussed in a meeting of the committee.
        The Speaker: Does the gentleman from Texas desire to be heard?
        Mr. Burleson: Mr. Speaker, I desire to be heard.
        Mr. Speaker, I do not see that this is a matter involving rules 
    but rather a matter of custom and practice. We were simply 
    following what has been a practice for a great many years relating 
    to noncontroversial matters. This method of obtaining committee 
    approval has been for the convenience of committee members. I shall 
    be glad to relate to the House in just a few words what transpired 
    in this instance.
        Recently it has been difficult to get a quorum, and, for 
    obvious reasons, it has been just about impossible for the last 10 
    days. Never before has the gentleman from New York objected to a

[[Page 3716]]

    telephone poll of members. In this instance, each of the 25 members 
    of the committee, except those who were on the subcommittee 
    examining contracts, the subcommittee headed by the gentleman from 
    Ohio [Mr. Hays]--who had already agreed to the resolution, were 
    called, and a majority of the members approved the resolution.
        This practice has been prevalent and has been permitted over 
    the years, although it has been held to a minimum.
        Now Mr. Speaker, I shall be glad to yield to the gentleman from 
    New York if he wants to tell us the real reason he is objecting to 
    the consideration of this resolution: The gentleman never before 
    has objected to this procedure and I ask why he objects now?
        Mr. Bingham: Mr. Speaker, will the gentleman yield?
        Mr. Burleson: I yield to the gentleman from New York.
        Mr. Bingham: Mr. Speaker, I shall be glad to explain. There has 
    been apparently the establishment of a subcommittee of the 
    Committee on House Administration.
        The Speaker: The Chair does not want to go into all that. The 
    Chair wants to ask the gentleman from Texas, the chairman of the 
    committee, was a committee meeting called for the purpose of acting 
    on this resolution? And if so, was a quorum present?
        Mr. Burleson: Mr. Speaker, I have explained in some detail the 
    procedure used in this instance. There was an agreement by a 
    majority of the committee that the resolution may be presented.
        The Speaker: Was there a meeting? Did the committee meet? Was 
    there a quorum present and voting and acting on it?
        Mr. Burleson: Mr. Speaker, on infrequent occasions when we have 
    resorted to this procedure as a matter of convenience and of 
    expediting legislation, it has always been accepted as establishing 
    a quorum. As far as I know this procedure has not been challenged. 
    In this case a majority of the committee agreed to the resolution 
    and I insist that a quorum was established and that the report is 
    proper and that the resolution is privileged.
        The Speaker: The Chair is prepared to rule.
        The Chair does not inquire into the procedure of a committee, 
    in reporting a bill, unless a point of order as to the matter is 
    raised and thus called to the attention of the Chair. Unless a 
    Member makes a point of order, the Chair does not go into the 
    question of committee procedure.
        However, since the point of order has been raised, the Chair 
    will point out that the provisions of clause 26(e), rule 
    XI,(20) make it clear that no measure can be reported 
    from a committee unless a majority of the committee were actually 
    present.
---------------------------------------------------------------------------
20. See Rule XI clause 2(l)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

        The chairman of the Committee on House Administration has 
    stated that the resolution he now seeks to call up was not ordered 
    reported at a formal meeting of the committee where a quorum was 
    present.
        Therefore, the Chair sustains the point of order made by the 
    gentleman from New York [Mr. Bingham].
        The report and resolution are recommitted to the Committee on 
    House Administration.

[[Page 3717]]

Sec. 17.3 Although a quorum of the committee must be present when a 
    measure is ordered reported, the Speaker has approved a practice 
    whereby less than a quorum having tentatively voted to report a 
    measure, a majority, in a formal meeting, has subsequently ratified 
    such action before the report was filed.

    On July 9, 1956,(1) Speaker Sam Rayburn, of Texas, ruled 
on a question of quorum requirements in committees.
---------------------------------------------------------------------------
 1. 102 Cong. Rec. 12199, 12200, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John L.] McMillan [of South Carolina]: Mr. Speaker, by 
    direction of the Committee on the District of Columbia, I call up 
    the bill (H. R. 4697) to amend the Alcoholic Beverage Control Act 
    of the District of Columbia, 1954, as amended, and I ask unanimous 
    consent that the bill be considered in the House as in Committee of 
    the Whole.
        The Speaker: Is there objection to the request of the gentleman 
    from South Carolina?
        Mr. [Albert P.] Morano [of Connecticut]: Mr. Speaker, I make 
    the point of order against the consideration of this bill on the 
    ground that when the committee considered this bill there was not a 
    quorum present to report it to the House. . . .
        Mr. [Howard W.] Smith of Virginia: Mr. Speaker, there is great 
    difficulty, it is true, in getting a quorum of the District 
    Committee, but I was personally present when this bill was voted 
    out, and there was a quorum of the committee present. And, in order 
    to be sure that there was no such question as this raised on the 
    floor of the House, I myself made a motion, when a quorum was 
    present, to reconsider all of the bills that had been considered 
    and voted them out again, which was done. . . .
        The Speaker: The Chair must know whether the gentleman says 
    that there was a quorum present or not, to his knowledge.
        Mr. McMillan: Mr. Speaker, there was a quorum present part of 
    the time and part of the time there was not. . . .
        Mr. Morano: Mr. Speaker, I press my point of order. I would 
    like to know whether or not there was a quorum present when this 
    bill was reported, not when the gentleman from Virginia made his 
    motion.

        The Speaker: The chairman of the legislative committee has just 
    stated to the Chair that there was a quorum present when this bill 
    was reported. The Chair is going to take the word of the chairman 
    of the committee, because that is according to the rules and 
    practices of the House.
        Mr. Morano: Mr. Speaker, I understood the chairman to say that 
    when the gentleman from Virginia [Mr. Smith] made his motion there 
    was a quorum present. But I did not understand the chairman of the 
    committee to say that when this bill was reported there was a 
    quorum present.
        The Speaker: The Chair is going to ask the gentleman from South 
    Carolina [Mr. McMillan] that question now.

[[Page 3718]]

        Mr. McMillan: Mr. Speaker, when the gentleman from Virginia 
    made his motion he stated that he wanted all bills that were 
    considered that day passed with a quorum present.
        The Speaker: The Chair is going to ask the gentleman again if a 
    quorum was present, to his certain knowledge, when this bill was 
    reported.
        Mr. McMillan: There was not when this bill was passed.
        Mr. Morano: Mr. Speaker, I insist on my point of order.
        Mr. Smith of Virginia: Mr. Speaker, I should like to be heard 
    further, because I think it is important to straighten this 
    question out.
        The Speaker: It is.
        Mr. Smith of Virginia: Not from the standpoint of this bill, 
    but as a parliamentary question. Frequently bills are discussed and 
    voted upon when a quorum is not present. It is the custom, at the 
    conclusion of the discussion, when a quorum is present, to move a 
    reconsideration of all the bills that have been passed, and to move 
    to report them out. That is what was done in this matter. I think 
    it is important for the House to know just how strict this rule is 
    and how it is to be applied, because I think every bill that was 
    passed upon this morning came here under the same conditions as 
    this bill.
        Mr. [Sidney E.] Simpson of Illinois: Mr. Speaker, will the 
    gentleman yield?
        Mr. Smith of Virginia: I yield.
        Mr. Simpson of Illinois: Mr. Speaker, I wish to verify what 
    Judge Smith is saying. That was exactly the procedure in this 
    matter in the House Committee on the District of Columbia.
        Mr. Smith of Virginia: On this proceeding of the committee, I 
    think we ought to be straightened out on it for the future.
        The Speaker: This has come up many times and it has always been 
    decided by the Chair on the statement of the chairman of the 
    legislative committee concerned. The gentleman from South Carolina 
    said that when this bill was reported there was not a quorum 
    present. Is the Chair quoting the gentleman from South Carolina 
    correctly?
        Mr. McMillan: That is correct, Mr. Speaker.
        Mr. Smith of Virginia: That really is not the question I am 
    trying to get determined for the benefit of the House and other 
    committees. It is true, I believe, there was not a quorum present 
    when any one of these bills was considered, but before the session 
    adjourned a quorum did appear, and then a blanket motion was made 
    to reconsider all of the bills that had previously been passed upon 
    and to vote them out, which motion was carried. May I ask the 
    chairman of the committee if that is a correct statement of what 
    occurred?
        Mr. McMillan: That is correct.
        The Speaker: A quorum was present at that time?
        Mr. Smith of Virginia: At that time a quorum was present. That 
    was the reason the motion was made. That is the only way we can 
    operate in that committee, I might add.
        Mr. [Henry O.] Talle [of Iowa]: Mr. Speaker, may I say as a 
    member of the District Committee that I was present at the meeting. 
    The gentleman from Virginia [Mr. Smith] has recorded the 
    proceedings accurately.
        Mr. Morano: There is obviously a contradiction here, Mr. 
    Speaker. The

[[Page 3719]]

    chairman of the committee said there was not a quorum present when 
    this bill was considered. The issue before the Speaker, as I 
    understand it, is a ruling on this bill, not on other bills that 
    were considered en bloc.
        The Speaker: That is correct, but the gentleman from South 
    Carolina said that on the last action on the bill in the committee 
    a quorum was present.
        The Chair under the circumstances must overrule the point of 
    order made by the gentleman from Connecticut.(2)
---------------------------------------------------------------------------
 2. See Sec. 17.2, supra, in which the Speaker rejected another method 
        of expediting determination of committee sentiment, a telephone 
        poll, since the committee was not acting when together as 
        required by Sec. 407 of Jefferson's Manual.
---------------------------------------------------------------------------

Sec. 17.4 Even though a report is filed as privileged, to retain the 
    status of privileged business when considered, such business must 
    be ordered reported from standing committees when a quorum is 
    present in such committees.

    On May 11, 1950,(3) during consideration of House 
Resolution 495, which had been offered as a privileged matter by the 
Committee on House Administration and was withdrawn because a point of 
no quorum during consideration in committee had been made and sustained 
on the floor, Speaker pro tempore John W. McCormack, of Massachusetts, 
made a ruling regarding the prerequisite for privileged status.
---------------------------------------------------------------------------
 3. 96 Cong. Rec. 6920, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Thomas B.] Stanley [of Virginia]: A further parliamentary 
    inquiry, Mr. Speaker. Is this a privileged matter?
        The Speaker Pro Tempore: If it is reported out of committee 
    with a quorum present, it is a privileged matter.

Presumption of Presence of a Quorum

Sec. 17.5 Unless a point of order is raised, the House assumes that 
    reports from committees were authorized when a quorum of the 
    committee was present.

    On Sept. 30, 1966,(4) Speaker John W. McCormack, of 
Massachusetts, ruled on an objection to a motion to consider a 
committee report.
---------------------------------------------------------------------------
 4. For the proceedings of this date, see Sec. 17.2, supra.
---------------------------------------------------------------------------

Timeliness of Point of Order

Sec. 17.6 While any Member may challenge the presumption that a 
    committee's action was taken when a quorum of the committee was 
    present, he must do so when the measure is called up; a point

[[Page 3720]]

    of order comes too late when the House has already agreed to the 
    measure.

    On Feb. 28, 1968,(5) Speaker John W. McCormack, of 
Massachusetts, made a ruling as to the proper time to raise a point of 
no quorum.
---------------------------------------------------------------------------
 5. 114 Cong. Rec. 4449, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Samuel N.] Friedel [of Maryland]: Mr. Speaker, by 
    direction of the Committee on House Administration, I submit a 
    privileged report (Rept. No. 1127) on the resolution (H. Res. 1042) 
    authorizing the expenditure of certain funds for the expenses of 
    the Committee on Un-American Activities, and ask for immediate 
    consideration of the resolution.
        Mr. [William F.] Ryan [of New York]: Mr. Speaker, a point of 
    order.
        The Speaker: The gentleman will state his point of order.
        Mr. Ryan: Mr. Speaker, I make a point of order against the 
    consideration of the privileged report on House Resolution 1042 on 
    the ground that a quorum was not present in the Committee on House 
    Administration when this matter was considered.
        The Speaker: Does the gentleman from Maryland desire to be 
    heard on the point of order?
        Mr. Friedel: Mr. Speaker, it is true that we did not have a 
    quorum present for the consideration of House Resolution 1042, but 
    we had unanimous consent by the members that they would not raise a 
    point of order.
        However, Mr. Speaker, under the circumstances, in view of the 
    point of order being raised, I withdraw the resolution.
        The Speaker: The gentleman from Maryland withdraws the 
    resolution. . . .
        Mr. [Edwin E.] Willis [of Louisiana]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Willis: Mr. Speaker, the last resolution sought to be 
    called up was a resolution relative to the House Committee on Un-
    American Activities, and it was withdrawn.
        Now, however, the gentleman from Maryland states, no, it is not 
    so, that there was no more a quorum present for all the other 
    resolutions than there was a quorum present to consider our 
    resolution.

        I, therefore, ask unanimous consent that all the other 
    resolutions be withdrawn also.
        The Speaker: The Chair will state that if a quorum was not 
    present--and the Chair is not saying that there was not a quorum 
    present--but if a quorum was not present then the point of order 
    should have been made by any Member at the time a particular 
    resolution was called up.

Sec. 17.7 A point of order that a quorum of a committee was not present 
    when a privileged bill or resolution was ordered reported may be 
    made when the Member presents the report to the House in the 
    appropriate manner.

    On May 11, 1950,(6) upon consideration of a privileged 
resolu
---------------------------------------------------------------------------
 6. 96 Cong. Rec. 6920, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3721]]

tion, Speaker pro tempore John W. McCormack, of Massachusetts, made a 
ruling regarding the timeliness of a point of no quorum in the 
committee reporting the measure.(7)
---------------------------------------------------------------------------
 7. Note: This inquiry was made after Mr. Wayne L. Hays (Ohio), made a 
        point of no quorum in committee against consideration of the 
        resolution that had just been offered as a privileged matter 
        (by direction of the Committee on House Administration) by Mrs. 
        Mary T. Norton (N.J.).
---------------------------------------------------------------------------

        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Rankin: Mr. Speaker, it is too late to raise the point of 
    order that a quorum was not present in the committee after it has 
    reached the floor of the House. If no point of order is made in the 
    committee, the presumption is that a quorum was present. To take 
    any other attitude would virtually paralyze legislation. If no 
    point of order was made at the time, the presumption then is that a 
    quorum was present.
        The Speaker Pro Tempore: The Chair will state in response to 
    the parliamentary inquiry that the point of order is properly 
    addressed at this point because the resolution has just been 
    reported to the House. . . .
        Mr. Rankin: Mr. Speaker, a further point of order. This is a 
    very serious proposition that really affects the orderly procedure 
    of the House. I make the point of order that it is too late to 
    raise a point of order that there was no quorum present in the 
    committee unless that point of order was made in the committee.
        The Speaker Pro Tempore: The Chair will state that the point of 
    order can be made in the House when the report is made. A point of 
    order that a quorum was not present when the resolution was 
    reported out can be made when the resolution is reported to the 
    House. For that reason the Chair rules that the gentleman from Ohio 
    [Mr. Hays] is within his rights at this particular time in making 
    the point of order that he has.
        Mrs. Norton: Mr. Speaker, if the gentleman insists on his point 
    of order, I will withdraw the resolution.
        The Speaker Pro Tempore: The resolution is withdrawn.

Sec. 17.8 A point of order that a bill was ordered reported from a 
    standing committee in the absence of a quorum of that committee is 
    properly raised in the House when the bill is called up for 
    consideration. (However, where a bill is being considered under 
    suspension of the rules, a point of order will not lie against the 
    bill on the ground that a quorum was not present when the bill was 
    reported from committee.)

    On Oct. 7, 1968,(8) Speaker John W. McCormack, of 
Massachusetts,
---------------------------------------------------------------------------
 8. 114 Cong. Rec. 29764, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3722]]

ruled on the timeliness of a point of no quorum of the committee 
reporting out a bill.

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, relating to 
    our program for today, a number of bills are slated to be 
    considered under suspension of rules in the House. There are four 
    bills from the Committee on Post Office and Civil Service which, 
    from evidence I have, were reported in violation of rule XI, clause 
    26(e) which states:

            (e) No measure or recommendation shall be reported from any 
        committee unless a majority of the committee were actually 
        present.(9)
---------------------------------------------------------------------------
 9. See Rule XI clause 2(l)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

        The evidence I have is that H.R. 17954 and H.R. 7406 were 
    ordered reported from the Committee on Post Office and Civil 
    Service in executive session on August 2, 1968, without a quorum 
    present.
        Additional evidence reveals that S. 1507 and S. 1190 were 
    ordered reported from the Committee on Post Office and Civil 
    Service in executive session on September 3, 1968, without a quorum 
    present. I further cite from Jefferson's Manual, section 408:

            A bill improperly reported is not entitled to its place on 
        the calendar; but the validity of a report may not be 
        questioned after the House has voted to consider it, or after 
        actual consideration has begun.

        Mr. Speaker, I submit that the bills S. 1507, S. 1190, H.R. 
    17954, and H.R. 7406 all were improperly reported. Mr. Speaker, my 
    parliamentary inquiry is this: At what point in the proceedings 
    would it be in order to raise the question against these bills as 
    being in violation of rule XI, clause 26(e) inasmuch as they are 
    scheduled to be considered under suspension of the rules, which 
    would obviously suspend the rule I have cited.
        Mr. Speaker, I ask the guidance of the Chair in lodging my 
    point of order against these listed bills so that my objection may 
    be fairly considered, and so that my right to object will be 
    protected. Mr. Speaker, I intend to do so only because orderly 
    procedure must be based on compliance with the rules of the House 
    which we have adopted.
        The Speaker: The Chair will state that any point of order would 
    have to be made when the bill is called up.

        The Chair might also advise or convey the suggestion to the 
    gentleman from Missouri that the bills will be considered under 
    suspension of the rules, and that means suspension of all rules.
        Mr. Hall: Mr. Speaker, a further parliamentary inquiry. Would 
    it not be in order, prior to the House going into the Consent 
    Calendar or suspension of the rules, to lodge the point of order 
    against the bills at this time?
        The Speaker: The point of order could be directed against such 
    consideration when the bills are called up under the general rules 
    of the House. The rules we are operating under today as far as 
    these bills are concerned concerns suspension of the rules, and 
    that motion will suspend all rules.
        Mr. Hall: Mr. Speaker, if I may inquire further, is it not true 
    that, until such time as we go into that period of suspension of 
    the rules, a point of

[[Page 3723]]

    order would logically lie against such bills which violate the 
    prerogatives of the House and of the individual Members thereof, to 
    say nothing of the committee rules? My belief that a point of order 
    should be sustained is based on improper committee procedure and 
    addresses itself to the fact that the bills are improperly 
    scheduled, listed, or programed on the calendar, or rule of 
    suspension, and so forth.
        The Speaker: The Chair will state, as to points of order, at 
    the time the Chair answered the specific inquiry of the gentleman 
    from Missouri, a point of order would not lie until the bill is 
    reached and brought up for consideration.
        Mr. Hall: Mr. Speaker, may I be recognized at that time to 
    lodge such a point of order, and will this Member be protected?
        The Speaker: The Chair will always protect the rights of any 
    Member. The Chair has frankly conveyed to the gentleman that we are 
    operating under a suspension of the rules procedure today, and that 
    suspends all rules.
        Mr. [Leslie C.] Arends [of Illinois]: Mr. Speaker, a further 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Arends: Do I correctly understand the ruling of the Chair 
    that suspending all the rules pertains to more than just the House; 
    it pertains to the rules of committee action likewise?
        The Speaker: The gentleman from Illinois is correct.
        Mr. Arends: I thank the Speaker.

Sec. 17.9 A point of order that a bill was reported from committee in 
    the absence of a quorum is in order while the motion that the House 
    resolve itself into the Committee of the Whole for the 
    consideration of the bill is pending.

    On Oct. 11, 1968,(10) a point of order that a quorum was 
absent when the standing committee considered a bill was entertained 
pending a vote on a motion to resolve into the Committee of the Whole.
---------------------------------------------------------------------------
10. 114 Cong. Rec. 30739, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [William R.] Poage [of Texas]: Mr. Speaker, I move that the 
    House resolve itself into the Committee of the Whole House on the 
    State of the Union for the consideration of the bill (S. 2511) to 
    maintain and improve the income of producers of crude pine gum, to 
    stabilize production of crude pine gum, and for other purposes.
        Mr. [Paul] Findley [of Illinois]: Mr. Speaker, I make a point 
    of order against consideration of S. 2511.
        The Speaker: (11) The gentleman will state his point 
    of order.
---------------------------------------------------------------------------
11. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. Findley: Mr. Speaker, I make a point of order against the 
    consideration of S. 2511 on the grounds that the Committee on 
    Agriculture acted without a quorum being present when it ordered S. 
    2511 reported to the House on July 2, 1968.
        Rule XI, clause 26(e), of the rules of the House states as 
    follows:

[[Page 3724]]

            (e) No measure or recommendation shall be reported from any 
        committee unless a majority of the committee were actually 
        present.(12)
---------------------------------------------------------------------------
12. See Rule XI clause 2(l)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

        I have personally checked with the staff of the Committee on 
    Agriculture and have been informed that on July 2, 1968, there were 
    only 14 members of the committee present and that the vote to 
    report S. 2511 to the House was 11 to 0 in favor of such action. 
    Since the total membership of that committee is 35, there obviously 
    was not a majority actually present as required by rule XI, clause 
    26(e).
        The Speaker: The Chair would like to inquire of the chairman of 
    the Committee on Agriculture if a quorum was present when the bill 
    was reported.
        Mr. Poage: Mr. Speaker, the chairman of the Committee on 
    Agriculture was not present the day this bill was reported. The 
    record indicates that there were only 14 members of the committee 
    present at the time it was reported.
        The Speaker: Does the gentleman from Texas state that the 
    record of his committee shows there were 14 members present when 
    the bill was acted upon and reported out?
        Mr. Poage: That is correct.
        The Speaker: [The rule] states:

            No measure or recommendation shall be reported from any 
        committee unless a majority of the committee were actually 
        present.

        Upon the statement of the chairman of the committee, a majority 
    of the committee were not actually present. Therefore, the point of 
    order is sustained; and the bill is recommitted to the Committee on 
    Agriculture.

Sec. 17.10 A point of order under Rule XI clause 27(e),(13) 
    that a bill was reported from committee in the absence of a quorum, 
    is properly raised when the bill is called up for consideration; 
    such a point of order will not lie against a resolution providing 
    for the consideration of the bill.
---------------------------------------------------------------------------
13. See Rule XI clause 2(l)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

    On Oct. 11, 1968,(14) Speaker John W. McCormack, of 
Massachusetts, made a ruling regarding the proper time to raise a point 
of order that a bill was reported from committee without a quorum being 
present.
---------------------------------------------------------------------------
14. 114 Cong. Rec. 30738, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John A.] Young [of Texas]: Mr. Speaker, by direction of 
    the Committee on Rules, I call up House Resolution 1256 and ask for 
    its immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 1256

            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 House on the State of the Union for 
        the consideration of the bill (S. 2511) to maintain and improve 
        the income of producers of crude pine gum. . . .

[[Page 3725]]

        Mr. [Paul] Findley [of Illinois]: Mr. Speaker, a point of 
    order.
        The Speaker: The gentleman will state his point of order.
        Mr. Findley: Mr. Speaker, I make a point of order against the 
    consideration of House Resolution 1256 on the grounds that the 
    Committee on Agriculture acted without a quorum being present when 
    it ordered S. 2511 reported to the House on July 2, 1968.
        Rule XI, clause 26(e), of the rules of the House states as 
    follows:(15)
---------------------------------------------------------------------------
15. See Rule XI clause 2(l)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

            (e) No measure or recommendation shall be reported from any 
        committee unless a majority of the committee were actually 
        present.

        I have personally checked with the staff of the Committee on 
    Agriculture and have been informed that on July 2, 1968, there were 
    only 14 members of the committee present and that the vote to 
    report S. 2511 to the House was 11 to 0 in favor of such action. 
    Since the total membership of that committee is 35, there obviously 
    was not a majority actually present as required by rule XI, clause 
    26(e).
        Mr. Speaker, I raise the point of order at this time in order 
    to have it presented to the Chair in a timely fashion. The 
    precedents indicate that such a point of order is made too late if 
    it comes after debate has started on either the rule or on the bill 
    itself--VIII 2223 and February 24, 1947, page 1374.(16)
---------------------------------------------------------------------------
16. See Sec. 17.14, infra, for proceedings on Feb. 24, 1947.
---------------------------------------------------------------------------

        Furthermore, the Chair stated in a response to a parliamentary 
    inquiry by the gentleman from Missouri [Mr. Hall] on Monday of this 
    week--October 7, page 29764--that any point of order under rule XI, 
    clause 26(e), would have to be made when the bill is called up.
        Since House Resolution 1256 is the rule which calls up S. 2511 
    for consideration in the Committee of the Whole House on the State 
    of the Union, I therefore insist on my point of order at this time.
        The Speaker: The Chair states, in response to the inquiry of 
    the gentleman from Illinois, that the point of order at this time 
    would be premature.
        The Chair might state that the appropriate time to make the 
    point of order would be at the time the motion is made to go in the 
    Committee of the Whole.

        Mr. Findley: That is after the rule is adopted?
        The Speaker: After the rule is adopted.
        Mr. Findley: Mr. Speaker, I thank the Chair.

Sec. 17.11 Points of order against a bill on the ground that a quorum 
    of the committee was not present when the bill was ordered reported 
    should be made in the House; such points come too late after the 
    House has resolved itself into the Committee of the Whole for 
    consideration of the bill.

    On June 14, 1946,(17) during consideration of S. 524, 
the na
---------------------------------------------------------------------------
17. 92 Cong. Rec. 6961, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3726]]

tional cemetery bill, Jere Cooper, of Tennessee, Chairman of the 
Committee of the Whole, made a ruling on the proper time to raise 
objection to proceedings of the committee reporting a bill.

        Mr. [Forest A.] Harness of Indiana: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Harness of Indiana: At what time would a point of order lie 
    against the bill on the ground that the committee reporting it was 
    without jurisdiction because at the time it reported the bill there 
    was not a quorum present?
        The Chairman: Answering the gentleman's parliamentary inquiry 
    the Chair will state that such a point of order would be too late 
    now that the House is in the Committee of the Whole House on the 
    State of the Union. Such a point of order should be made in the 
    House before consideration of the bill.

Sec. 17.12 A point of order that a nonprivileged measure was reported 
    from committee in the absence of a quorum will not lie until the 
    House has agreed to consider the bill.

    On Oct. 11, 1968,(18) Speaker John W. McCormack, of 
Massachusetts, ruled on the timeliness of a point of no quorum of the 
committee reporting a bill, when raised in the House against 
consideration of the bill.(19)
---------------------------------------------------------------------------
18. 114 Cong. Rec. 30751, 90th Cong. 2d Sess.
19. See the excerpt from Sec. 17.13, infra, for the proceedings of this 
        date.
---------------------------------------------------------------------------

Sec. 17.13 Following the discharge of the Committee of the Whole from 
    further consideration of a bill, a Member was permitted, pending 
    consideration of the bill, to make the point of order that the 
    measure had been reported from committee in the absence of a 
    quorum.

    On Oct. 11, 1968,(1) Speaker John W. McCormack, of 
Massachusetts, entertained a point of order concerning the lack of a 
quorum of the committee reporting a bill after the bill was read.
---------------------------------------------------------------------------
 1. 114 Cong. Rec. 30751, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Thaddeus J.] Dulski [of New York]: Mr. Speaker, I ask 
    unanimous consent for the immediate consideration of the bill (S. 
    1507) to include firefighters within the provisions of section 
    8336(c) of title 5, United States Code, relating to the retirement 
    of Government employees engaged in certain hazardous occupations.
        The Clerk read the title of the bill.
        The Speaker: Is there objection to the request of the gentleman 
    from New York?
        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, reserving the 
    right to object, I would make a point of order

[[Page 3727]]

    against the bill. I make a point of order that report No. 1945 
    violates rule XI, clause 26,(2) and that a quorum was 
    not present when the bill was passed by the Post Office and Civil 
    Service Committee.
---------------------------------------------------------------------------
 2. See Rule XI clause 2(l)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

        The Speaker: The Chair will state that the unanimous-consent 
    request is for the present consideration of the bill. In the 
    opinion of the Chair, at this point a point of order is not in 
    order. If the consent is granted, then a point of order might be in 
    order, though the Chair does not indicate what the decision of the 
    Chair might be.
        Mr. Ashbrook: Mr. Speaker, I would say to the Chair, on that 
    ground I would withdraw my reservation of objection.
        The Speaker: Is there objection to the request of the gentleman 
    from New York?
        There was no objection.
        The Clerk read the bill, as follows:

                                    S. 1507

            Be it enacted by the Senate and House of Representatives of 
        the United States of America in Congress assembled, That 
        section 8336(c) of title 5, United States Code, is amended. . . 
        .

        The Speaker: Now does the gentleman from Ohio want to make the 
    point of order?
        Mr. Ashbrook: Yes, Mr. Speaker. I make the point of order for 
    the reasons already stated and request that the bill be recommitted 
    to the Committee on Post Office and Civil Service.
        The Speaker: The Chair would like to ask the gentleman from New 
    York if a quorum was present in his committee when the bill was 
    reported?
        Mr. Dulski: Mr. Speaker, the gentleman from Ohio is correct. 
    There was no quorum present.
        The Speaker: Under those circumstances, the Chair sustains the 
    point of order and the bill is recommitted to the Committee on Post 
    Office and Civil Service.

    Parliamentarian's Note: The Chair was, under the ruling of July 19, 
1947, contained at Chapter 31, Sec. 8.2, infra, and at Chapter 17, 
Sec. 58.7, supra, justified in interpreting the granting of the 
original unanimous-consent request (to discharge the Committee of the 
Whole House on the state of the Union) as not tantamount to waiving the 
point of order, since the request here did not specify a waiver of all 
points of order.

Sec. 17.14 The point of order that a bill was reported from a committee 
    without a formal meeting and a quorum present comes too late if 
    debate has started on the bill in the House.

    On Feb. 24, 1947,(3) during consideration of a bill 
providing for daylight saving time in the District of Columbia, Speaker 
Joseph W. Martin, Jr., of Massachusetts, made a ruling regarding timeli
---------------------------------------------------------------------------
 3. 93 Cong. Rec. 1368, 1369, 1374, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 3728]]

ness of a point of no quorum in committee.(4)
---------------------------------------------------------------------------
 4. See also Sec. 17.10, supra.
---------------------------------------------------------------------------

        Mr. [Everett M.] Dirksen [of Illinois]: Mr. Speaker, by 
    direction of the Committee on the District of Columbia, I call up 
    the bill (H.R. 1700) to provide for daylight saving in the District 
    of Columbia, and ask for its immediate consideration.
        The Clerk read the bill, as follows: . . .
        The Speaker: The gentleman from Illinois is recognized for 1 
    hour. . . .
        Mr. Dirksen: Mr. Speaker, this is the first District Day that 
    has been claimed by the Committee on the District of Columbia. . . 
    .
        Mr. [Daniel A.] Reed of New York: Mr. Speaker, a point of 
    order.
        The Speaker: The gentleman will state it.
        Mr. Reed of New York: I believe the Reorganization Act [section 
    133(d)] provides that no bill shall come to the floor unless it is 
    reported out of committee when a quorum is present. As I understand 
    the statement of the gentleman from Illinois, there was no meeting 
    of the committee.
        The Speaker: The point of order comes too late. It should have 
    been made before debate started on the bill.

Sec. 17.15 A point of order that a quorum was not present in committee 
    when a resolution was ordered reported comes too late if not made 
    when the resolution was read.

    On Feb. 25, 1954,(5) after debate had commenced on House 
Resolution 419, which was offered by the Committee on House 
Administration and provided by additional funds from the contingent 
fund to be paid for an investigation by a subcommittee of the Committee 
on Government Operations, Speaker Joseph W. Martin, Jr., of 
Massachusetts, made a ruling on the timeliness in the House of a point 
of no quorum in committee when the resolution was ordered reported.
---------------------------------------------------------------------------
 5. 100 Cong. Rec. 2294, 2295, 2303, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Karl M.] LeCompte [of Iowa]: Mr. Speaker, by direction of 
    the Committee on House Administration, I call up for consideration 
    at this time House Resolution 419 with a committee amendment.
        The Clerk read as follows: . . .
        With the following committee amendment: . . .
        Mr. LeCompte: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. LeCompte: Mr. Speaker, this is a privileged resolution?
        The Speaker: Yes.
        Mr. LeCompte: And the same rules apply in this case as in the 
    case of the resolution just agreed to by the House?
        The Speaker: Yes.
        Mr. LeCompte: Mr. Speaker, for the benefit of the Members of 
    the House may I say that by the terms of this resolution the sum of 
    $100,000 is provided for an investigation by one of the 
    subcommittees of the Committee on Government Operations, the 
    subcommittee being headed by the gentleman from Ohio [Mr. Bender]. 
    . . .

[[Page 3729]]

        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, a point of 
    order.
        The Speaker: The gentleman will state it.
        Mr. Hoffman of Michigan: Mr. Speaker, I object to consideration 
    of the resolution at this time unless it appears that a quorum was 
    present when the resolution was authorized by the committee or 
    unless the chairman of the committee will so state that a quorum 
    was present. If he does, that will be satisfactory.
        The Speaker: The gentleman from Michigan [Mr. Hoffman], makes 
    the point of order that a quorum was not present in the committee 
    reporting this resolution. Unfortunately for the gentleman from 
    Michigan, he makes his point of order too late. That should have 
    been made at the time the resolution was read.
        Mr. Hoffman of Michigan: Mr. Speaker, I want to make one 
    correction. I did not make the point of order that a quorum was not 
    present. The point of order was that consideration of the bill is 
    not in order unless the record showed a quorum was present or 
    unless the gentleman so stated
        The Speaker: The gentleman should have made that point of order 
    at the time the resolution was read.

Sec. 17.16 After the adoption of a resolution by the House, it is too 
    late to attack the validity of the action taken by the committee 
    reporting the resolution on the ground that a quorum was not 
    present when it was ordered reported.

    On Feb. 28, 1968,(6) Speaker John W. McCormack, of 
Massachusetts, made a ruling as to the proper time to raise a point of 
order that a committee action was taken in the absence of a quorum.
---------------------------------------------------------------------------
 6. For the proceedings of this date, see Sec. 17.6, supra.
---------------------------------------------------------------------------

Questioning the Committee Chairman

Sec. 17.17 Where a report from a committee was challenged on the ground 
    that a quorum of the committee was not present when the report was 
    authorized, the Speaker questioned the chairman of the committee 
    concerning the truth of the contention.

    On Oct. 11, 1968,(7) Speaker John W. McCormack, of 
Massachusetts, questioned the Chairman of the Committee on Agriculture 
with respect to a point of order.(8)
---------------------------------------------------------------------------
 7. 114 Cong. Rec. 30739, 90th Cong. 2d Sess.
 8. For the proceedings of this date, see Sec. 17.9, supra.
---------------------------------------------------------------------------

Sec. 17.18 Because the Chair has no knowledge of what occurred in a 
    standing committee, he must rely on the certain statement of the 
    chairman of the committee as to whether a quorum was

[[Page 3730]]

    present when the committee ordered the bill reported.

    On July 9, 1956,(9) Speaker Sam Rayburn, of Texas, ruled 
on a point of order, as follows:
---------------------------------------------------------------------------
 9. 102 Cong. Rec. 12199, 12200, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John L.] McMillan [of South Carolina]: Mr. Speaker, by 
    direction of the Committee on the District of Columbia, I call up 
    the bill (H.R. 4697) to amend the Alcoholic Beverage Control Act of 
    the District of Columbia, 1954, as amended, and I ask unanimous 
    consent that the bill be considered in the House as in Committee of 
    the Whole.
        The Speaker: Is there objection to the request of the gentleman 
    from South Carolina?
        Mr. [Albert P.] Morano [of Connecticut]: Mr. Speaker, I make 
    the point of order against the consideration of this bill on the 
    ground that when the committee considered this bill there was not a 
    quorum present to report it to the House. . . .
        Mr. [Sidney E.] Simpson of Illinois: I will say for the benefit 
    of the House that I was at the committee meeting when the gentleman 
    from Virginia [Mr. Smith] brought up the point of no quorum; and 
    there was a quorum present.
        The Speaker: That is what the Chair is trying to ascertain from 
    the chairman of the committee.
        Mr. McMillan: That is correct.
        The Speaker: That is the point that is involved here.
        Mr. McMillan: The gentleman from Virginia [Mr. Smith] made that 
    motion and there was a quorum present.
        Mr. Morano: Mr. Speaker, I press my point of order. I would 
    like to know whether or not there was a quorum present when this 
    bill was reported, not when the gentleman from Virginia made his 
    motion.
        The Speaker: The chairman of the legislative committee has just 
    stated to the Chair that there was a quorum present when this bill 
    was reported. The Chair is going to take the word of the chairman 
    of the committee, because that is according to the rules and 
    practices of the House.
        Mr. Morano: Mr. Speaker, I understood the chairman to say that 
    when the gentleman from Virginia [Mr. Smith] made his motion there 
    was a quorum present. But I did not understand the chairman of the 
    committee to say that when this bill was reported there was a 
    quorum present.
        The Speaker: The Chair is going to ask the gentleman from South 
    Carolina [Mr. McMillan] that question now.
        Mr. McMillan: Mr. Speaker, when the gentleman from Virginia 
    made his motion he stated that he wanted all bills that were 
    considered that day passed with a quorum present.
        The Speaker: The Chair is going to ask the gentleman again if a 
    quorum was present, to his certain knowledge, when this bill was 
    reported. . . . The gentleman from South Carolina said that on the 
    last action on the bill in the committee a quorum was present.
        The Chair under the circumstances must overrule the point of 
    order made by the gentleman from Connecticut.

Sec. 17.19 Where the chairman of a committee concedes that a bill was 
    ordered reported

[[Page 3731]]

    when a quorum was not present, and a point of order is sustained 
    against the bill on that ground, the bill is recommitted.

    On Oct. 11, 1968,(10) a bill reported from the Committee 
on Agriculture was recommitted because a quorum had not been present 
when the bill was ordered reported.(11)
---------------------------------------------------------------------------
10. 114 Cong. Rec. 30739, 90th Cong. 2d Sess.
11. See the proceedings discussed in Sec. 17.9, supra. See also 114 
        Cong. Rec. 30751, 90th Cong. 2d Sess., Oct. 11, 1968, for 
        another illustration.
---------------------------------------------------------------------------

Withdrawal of Floor Consideration

Sec. 17.20 Where a point of order was raised against consideration of a 
    privileged resolution, reported and called up by the Committee on 
    House Administration, on the ground that a quorum of the committee 
    was not present when the resolution was ordered reported, the 
    resolution was withdrawn before the Chair ruled.

    On Feb. 28, 1968,(12) a resolution was withdrawn after a 
point of order was raised in the House that the committee lacked a 
quorum when the resolution was reported.
---------------------------------------------------------------------------
12. 114 Cong. Rec. 4449, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Samuel N.] Friedel [of Maryland]: Mr. Speaker, by 
    direction of the Committee on House Administration, I submit a 
    privileged report (Rept. No. 1127) on the resolution (H. Res. 1042) 
    authorizing the expenditure of certain funds for the expenses of 
    the Committee on Un-American Activities, and ask for immediate 
    consideration of the resolution.
        Mr. [William F.] Ryan [of New York]: Mr. Speaker, a point of 
    order.
        The Speaker: (13) The gentleman will state his point 
    of order.
---------------------------------------------------------------------------
13. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. Ryan: Mr. Speaker, I make a point of order against the 
    consideration of the privileged report on House Resolution 1042 on 
    the ground that a quorum was not present in the Committee on House 
    Administration when this matter was considered.
        The Speaker: Does the gentleman from Maryland desire to be 
    heard on the point of order?
        Mr. Friedel: Mr. Speaker, it is true that we did not have a 
    quorum present for the consideration of House Resolution 1042, but 
    we had unanimous consent by the members that they would not raise a 
    point of order.
        However, Mr. Speaker, under the circumstances, in view of the 
    point of order being raised, I withdraw the resolution.
        The Speaker: The gentleman from Maryland withdraws the 
    resolution.

Sec. 17.21 A report from the Committee on Rules, about to be

[[Page 3732]]

    reported from the floor, was not filed because of a question as to 
    the presence of a quorum of the committee when the resolution was 
    ordered reported.

    On Feb. 2, 1951,(14) House Resolution 95, authorizing 
the Committee on the Judiciary to conduct studies and investigations 
relating to matters within its jurisdiction, was withdrawn.
---------------------------------------------------------------------------
14. 97 Cong. Rec. 876, 82d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Adolph J.] Sabath [of Illinois]: Mr. Speaker, I desire to 
    file a privileged report for printing in the Record.
        The Clerk read as follows:

            House Resolution 95, authorizing the Committee on the 
        Judiciary to conduct studies and investigations relating to 
        matters within its jurisdiction.

        Mr. [Clarence J.] Brown of Ohio: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: (15) The gentleman will state it.
---------------------------------------------------------------------------
15. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        Mr. Brown of Ohio: Mr. Speaker, may the gentleman from Ohio 
    inquire what is the privileged report?
        The Speaker: The Clerk read the report. The Clerk will reread 
    it.
        The Clerk read as follows:

            House Resolution 95, authorizing the Committee on the 
        Judiciary to conduct studies and investigations relating to 
        matters within its jurisdiction.

        Mr. Brown of Ohio and Mr. [Edward E.] Cox [of Georgia] rose.
        The Speaker: The gentleman from Illinois has the floor.
        Mr. Cox: Mr. Speaker, will the gentleman yield?
        Mr. Sabath: For a question.
        Mr. Cox: For a statement. The gentleman violates an agreement 
    we had on the floor.
        Mr. Sabath: I did not violate any agreement.

        The Speaker: The gentleman from Illinois asked unanimous 
    consent to have until midnight to file a report from the Committee 
    on Rules. That was day before yesterday. The request was objected 
    to. There was no agreement the Chair knows anything about.
        Mr. Cox: Mr. Speaker, I had an agreement with the gentleman 
    myself. The Committee on Rules reported this resolution when a 
    quorum was not present.
        Mr. Brown of Ohio: Mr. Speaker, I desire to make a point of 
    order.
        Mr. Cox: Mr. Speaker, I approached the gentleman on the floor 
    and made a statement to him. He said he would not offer this 
    resolution until the committee had had opportunity to act on it 
    again. Now, that was fair of the gentleman. Of course, I do not 
    mean to say the gentleman intentionally violates an agreement, but 
    he has violated an agreement.
        Mr. Sabath: No. Wait a minute. Mr. Speaker, to make matters 
    clear, two of the Republican Members left the committee--the 
    committee remained in session--to answer a roll call. We had seven 
    Members and there was no objection.
        Mr. Cox: The gentleman is mistaken. There were six. I counted 
    them.
        Mr. Brown of Ohio: Mr. Speaker, I make the point of order that 
    the reso

[[Page 3733]]

    lution has not been properly reported by the Rules Committee.
        Mr. Sabath: It has been reported.
        Mr. Brown of Ohio: I think an inquiry by the Chair will 
    determine there was not a quorum present, and that the resolution 
    was not before the committee at that time.
        Mr. Cox: That is right. That is a correct statement.
        Mr. Brown of Ohio: I must protest, Mr. Speaker, and I must make 
    the point of order. . . .
        Mr. Sabath: Mr. Speaker, even if a quorum was not present, no 
    point of order has been made. But a quorum was present, and I can 
    give you the names of the seven Members who were present. They were 
    Mr. Cox, Mr. Colmer, Mr. Madden, Mr. Delaney, Mr. Mitchell, Mr. 
    Latham, and myself. Seven of twelve makes a quorum. But I withheld 
    it because the gentleman from Ohio [Mr. Brown] objected due to some 
    misunderstanding with the gentleman from New York [Mr. Celler]. 
    Since that time I have learned that the gentleman from New York 
    [Mr. Celler] has agreed with the gentleman from Ohio [Mr. Brown] on 
    the assignment of committees and because the gentleman from New 
    York [Mr. Celler] assured me that an agreement has been reached 
    with the gentleman from Ohio [Mr. Brown] as to the number of 
    subcommittees, I present it today. A quorum was present. The 
    committee had jurisdiction.
        Mr. Cox: Mr. Speaker, if the gentleman will yield there, the 
    gentleman will recall that the gentleman from Virginia [Mr. Smith] 
    and the gentleman from Texas were not present. There was not a 
    single Republican present.
        Mr. Sabath: There was a Republican present.
        Mr. Cox: Not a single Republican was present. This was not on 
    the agenda but it was called up after the Republicans left, and 
    there was not the majority present. . . .
        Mr. Sabath: I withdraw the resolution, Mr. Speaker.

Suspension of the Rules

Sec. 17.22 Because a motion to suspend the rules and pass a bill 
    suspends all rules in conflict with the motion, a point of order 
    will not lie against the bill on the ground that a quorum of the 
    committee was not present when it was reported.

    On Sept. 16, 1968,(16) Speaker John W. McCormack, of 
Massachusetts, ruled on the validity of a point of no quorum during a 
suspension of the rules procedure.
---------------------------------------------------------------------------
16. 114 Cong. Rec. 27029, 27030, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Morris K.] Udall [of Arizona]: Mr. Speaker, I move to 
    suspend the rules and pass the bill (H.R. 19136) to amend title 5, 
    United States Code, to provide for the payment of overtime and 
    standby pay to certain personnel employed in the Department of 
    Transportation.
        The Clerk read as follows:

                                   H.R. 19136

            Be it enacted by the Senate and House of Representatives of 
        the

[[Page 3734]]

        United States of America in Congress assembled, That section 
        5542(a) of title 5, United States Code, is amended by adding 
        the following new paragraph after paragraph (2): . . .

            Sec. 3. The amendments made by this Act shall take effect 
        on the first day of the first pay period which begins on or 
        after the thirtieth day after the date of enactment of this 
        Act.

        The Speaker: Is a second demanded?
        Mr. [H. R.] Gross [of Iowa]: Mr Speaker, at the proper time I 
    ask to be recognized to make a point of order against consideration 
    of this bill.
        The Speaker: The Chair will state that if the gentleman 
    proposes to make a point of order, this is the time to make it.
        Mr. Gross: Mr. Speaker, I make a point of order against the 
    consideration of the bill (H.R. 19136) on the ground that it 
    violates rule XI, clause 26(e),(1) in that it was 
    reported from the committee without a quorum being present.
---------------------------------------------------------------------------
 1. See Rule XI clause 2(l)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

        The Speaker: The Chair will state that the motion to suspend 
    the rules suspends all rules, including the rule mentioned by the 
    gentleman from Iowa.

Sec. 17.23 Where a bill is being considered under suspension of the 
    rules, a point of order will not lie against the bill on the ground 
    that a quorum was not present when the bill was reported from 
    committee.

    On Oct. 7, 1968,(2) Speaker John W. McCormack, of 
Massachusetts, ruled on the point of no quorum under a suspension of 
the rules procedure.
---------------------------------------------------------------------------
 2. 114 Cong. Rec. 29764, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, relating to 
    our program for today, a number of bills are slated to be 
    considered under suspension of rules in the House. There are four 
    bills from the Committee on Post Office and Civil Service which, 
    from evidence I have, were reported in violation of rule XI, clause 
    26(e) which states:

            (e) No measure or recommendation shall be reported from any 
        committee unless a majority of the committee were actually 
        present.(3)
---------------------------------------------------------------------------
 3. See Rule XI clause 2(l)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

        The evidence I have is that H.R. 17954 and H.R. 7406 were 
    ordered reported from the Committee on Post Office and Civil 
    Service in executive session on August 2, 1968, without a quorum 
    present.
        Additional evidence reveals that S. 1507 and S. 1190 were 
    ordered reported from the Committee on Post Office and Civil 
    Service in executive session on September 3, 1968, without a quorum 
    present. I further cite from Jefferson's Manual, section 408:

            A bill improperly reported is not entitled to its place on 
        the calendar; but the validity of a report may not be 
        questioned after the House has voted to consider it, or after 
        actual consideration has begun.

        Mr. Speaker, I submit that the bills S. 1507, S. 1190, H.R. 
    17954, and H.R.

[[Page 3735]]

    7406 all were improperly reported. Mr. Speaker, my parliamentary 
    inquiry is this: At what point in the proceedings would it be in 
    order to raise the question against these bills as being in 
    violation of rule XI, clause 26(e) inasmuch as they are scheduled 
    to be considered under suspension of the rules, which would 
    obviously suspend the rule I have cited?
        Mr. Speaker, I ask the guidance of the Chair in lodging my 
    point of order against these listed bills so that my objection may 
    be fairly considered, and so that my right to object will be 
    protected. Mr. Speaker, I intend to do so only because orderly 
    procedure must be based on compliance with the rules of the House 
    which we have adopted.
        The Speaker: The Chair will state that any point of order would 
    have to be made when the bill is called up.
        The Chair might also advise or convey the suggestion to the 
    gentleman from Missouri that the bills will be considered under 
    suspension of the rules, and that means suspension of all rules.
        Mr. Hall: Mr. Speaker, a further parliamentary inquiry. Would 
    it not be in order, prior to the House going into the Consent 
    Calendar or suspension of the rules, to lodge the point of order 
    against the bills at this time?
        The Speaker: The point of order could be directed against such 
    consideration when the bills are called up under the general rules 
    of the House. The rules we are operating under today as far as 
    these bills are concerned concerns suspension of the rules, and 
    that motion will suspend all rules.
        Mr. Hall: Mr. Speaker, if I may inquire further, is it not true 
    that, until such time as we go into that period of suspension of 
    the rules, a point of order would logically lie against such bills 
    which violate the prerogatives of the House and of the individual 
    Members thereof, to say nothing of the committee rules? My belief 
    that a point of order should be sustained is based on improper 
    committee procedure and addresses itself to the fact that the bills 
    are improperly scheduled, listed, or programed on the calendar, or 
    rule of suspension, and so forth.
        The Speaker: The Chair will state, as to points of order, at 
    the time the Chair answered the specific inquiry of the gentleman 
    from Missouri, a point of order would not lie until the bill is 
    reached and brought up for [consideration].
        Mr. Hall: Mr. Speaker, may I be recognized at that time to 
    lodge such a point of order, and will this Member be protected?
        The Speaker: The Chair will always protect the rights of any 
    Member. The Chair has frankly conveyed to the gentleman that we are 
    operating under a suspension of the rules procedure today, and that 
    suspends all rules.
        Mr. [Leslie C.] Arends [of Illinois]: Mr. Speaker, a further 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Arends: Do I correctly understand the ruling of the Chair 
    that suspending all the rules pertains to more than just the House; 
    it pertains to the rules of committee action likewise?
        The Speaker: The gentleman from Illinois is correct.
        Mr. Arends: I thank the Speaker.

    Parliamentarian's Note: Two of the bills which were allegedly re

[[Page 3736]]

ported in the absence of a quorum, H.R. 17954 and H.R. 7406, were 
scheduled for consideration on both the Consent Calendar and under 
suspension of the rules. In his response to the inquiry of Mr. Hall, 
the Speaker discussed the validity of a point of order only in relation 
to the suspension of the rules procedure. He did not foreclose the 
making of a point of order against a bill on the Consent Calendar. 
However, the two bills which might have been vulnerable when called on 
the Consent Calendar were passed over without prejudice, by unanimous 
consent.
    None of the bills challenged by Mr. Hall were in fact considered on 
this date. When it became apparent to the leadership that the 
proceedings would be delayed by repeated points of no quorum, the 
Speaker informally advised Members that the four bills would not be 
called up under suspension. On Oct. 11, S. 1507 was recommitted when a 
point of order was sustained against its consideration on the ground 
that it was reported in the absence of a quorum. (See 114 Cong. Rec. 
30751, 90th Cong. 2d Sess.) A bill similar to H.R. 17954 was called up 
on Oct. 11 (S. 4120), considered, and passed by unanimous consent. (See 
114 Cong. Rec. 30752, 90th Cong. 2d Sess.)

Rule Waiving Quorum Requirement

Sec. 17.24 The House rejected a resolution reported from the Committee 
    on Rules, providing for an ``open'' rule but including a waiver of 
    Rule XI clause 27(e),(4) which requires that a majority 
    of a committee be actually present when a measure is reported from 
    committee, to permit consideration of a bill improperly voted on 
    and reported by the Committee on Post Office and Civil Service.
---------------------------------------------------------------------------
 4. See Rule XI clause 2(l)(2)(A), House Rules and Manual Sec. 713(c) 
        (1979).
---------------------------------------------------------------------------

    On July 23, 1973,(5) the House defeated a resolution to 
waive the rule which requires presence of a quorum when a committee 
reports a bill.
---------------------------------------------------------------------------
 5. 119 Cong. Rec. 25476-79, 25482, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Claude D.] Pepper [of Florida]: Mr. Speaker, by direction 
    of the Committee on Rules, I call up House Resolution 495 and ask 
    for its immediate consideration.
        The Clerk read the resolution as follows:

                                  H. Res. 495

            Resolved, That upon the adoption of this resolution it 
        shall be in order to move, clause 27(e), rule XI to the 
        contrary notwithstanding, that the House resolve itself into 
        the Com

[[Page 3737]]

        mittee of the Whole House on the State of the Union for the 
        consideration of the bill (H.R. 8929) to amend title 39, United 
        States Code, with respect to the financing of the cost of 
        mailing certain matter free of postage.

        Mr. Pepper: Mr. Speaker, House Resolution 495 provides for an 
    open rule with 2 hours of general debate on H.R. 8929, a bill to 
    provide relief from postal rate increases for certain mailers.
        House Resolution 495 provides that the provisions of clause 
    27(e), rule XI of the Rules of the House of Representatives are 
    waived.
        I will state to my able friend from Iowa, whose inquiry I 
    anticipate, if I may, that the occasion for this request for a 
    waiver by the Rules Committee is this: The committee had before it 
    H.R. 7554. The committee, on the 21st of June, I believe it was, 
    voted, with a quorum present, by a record vote of 33 to 10, to 
    report out the committee bill, H.R. 7554, with amendments. The bill 
    and the amendments were voted favorably by the committee. . . .
        I am sorry. It was 13 to 10. I understand that there are 25 
    members of the committee, and 23 voted, and the vote to report out 
    the bill was 13 to 10.
        The committee voted to report out a clean bill, which would 
    embody H.R. 7554 and the amendments in a single clean bill.
        On the day following that meeting of the committee there was 
    introduced a clean bill, embodying exactly H.R. 7554 plus the 
    amendments that had been voted upon favorably by the committee. 
    There was not a subsequent meeting of the committee upon the clean 
    bill. But the clean bill embodying what was voted upon exactly by 
    the committee, as H.R. 8929, was reported out and presented to the 
    Rules Committee. The situation was reported to the Rules Committee, 
    and the Rules Committee voted to recommend consideration of the 
    bill to the House, but recommended that there be a waiver of points 
    of order so that any technicality which might arise out of that 
    situation would be cured by the waiver of the rule, if the House 
    adopted the waiver of the rule. . . .
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, I thank the gentleman 
    for yielding.
        I believe one slight correction should be made. A clean bill 
    was introduced 2 days after the committee voted on the proposition, 
    and I would have to differ again with the gentleman in his 
    statement that this is an open rule. It is not an open rule since 
    it waives a point of order.
        Mr. Pepper: Mr. Speaker, it is an open rule.
        Mr. Gross: The Committee on Rules in effect is doing the 
    homework for the Committee on Post Office and Civil Service in that 
    they did not abide by the rules of the House and vote on a clean 
    bill
        Mr. Del [M.] Clawson [of California]: Mr. Speaker, House 
    Resolution 495 provides a rule with 2 hours of general debate for 
    the consideration of H.R. 8929, Educational and Cultural Postal 
    Amendments. The rule also includes a waiver of clause 27 (e) of 
    rule XI. This rule requires the presence of a quorum when a bill is 
    reported. In this case the committee, with a quorum Present agreed 
    to report a clean bill, but never actually held a meeting offi

[[Page 3738]]

    cially reporting out the clean bill. Therefore, the waiver is 
    necessary in order to prevent a point of order against 
    consideration of the bill. . . .
        I would suggest to the Members that regardless of their views 
    on this bill itself that this is the kind of precedent we should 
    not be setting and it makes for bad legislation. I think the rule 
    should be defeated and we should let the committee produce a proper 
    vehicle for final consideration and then we will not have any 
    argument about the need for a protected rule. . . .
        Mr. [Delbert L.] Latta [of Ohio]: Mr. Speaker, anyone who has 
    read the committee report is probably wondering how this bill ever 
    got to the place where it is today. Let me say that the vote in the 
    Post Office and Civil Service Committee was a close 13 to 10, and 
    in the Rules Committee it was 7 to 5. I might hastily add I was one 
    of the five who voted not to report this bill. . . .
        Mr. Pepper: . . . Mr. Speaker, I move the previous question on 
    the resolution.
        The previous question was ordered.
        The Speaker Pro Tempore: (6) The question is on the 
    resolution.
---------------------------------------------------------------------------
 6. John J. McFall (Calif.).
---------------------------------------------------------------------------

        The question was taken, and the Speaker pro tempore announced 
    that the noes appeared to have it.
        Mr. [James M.] Hanley [of New York]: Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were ordered.
        The vote was taken by electronic device, and there were--yeas 
    188, nays 202, not voting 51, as follows: . . .
        So the resolution was rejected.

Senate Precedent

Sec. 17.25 A point of order against a report on a bill was sustained on 
    the ground that a quorum was not present at the time the Senate 
    committee voted to report the measure; the Presiding Officer ruled 
    that the bill was therefore still in the custody of the committee 
    and had not been reported to the Senate.

    On July 31, 1963, (7) a bill was not considered on the 
floor because of the absence of a quorum in the committee.
---------------------------------------------------------------------------
 7. 109 Cong. Rec. 13791, 13792, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Senate resumed the consideration of the bill (S. 1703) to 
    amend title V of the Agricultural Act of 1949, as amended, and for 
    other purposes. . . .
        Mr. [William] Proxmire [of Wisconsin]: Mr. President, will the 
    Senator from Florida yield for the purpose of my making a point of 
    order?
        Mr. [Spessard L.] Holland [of Florida]: I yield to the 
    distinguished Senator from Wisconsin so that he may make a point of 
    order.
        Mr. Proxmire: Mr. President, I make a point of order that the 
    bill which is now under consideration is not properly before the 
    Senate because, at the time the vote to report the bill was taken 
    in committee, a quorum was not actually present. I have checked 
    this with the clerk of the committee,

[[Page 3739]]

    and it is my understanding that only six Senators answered to their 
    names. . . .
        Mr. President, I ask for a ruling.
        The Presiding Officer: (8) The Chair must inquire of 
    the chairman of the committee as to what the facts are. The Chair 
    is not conversant with the facts, and must depend on the chairman 
    of the committee. . . .
---------------------------------------------------------------------------
 8. Claiborne Pell (R.I.).
---------------------------------------------------------------------------

        Will the chairman of the committee inform the Chair 
    specifically whether a quorum was present at the time the vote was 
    taken on S. 1703?
        Mr. [Allen J.] Ellender [of Louisiana]: At the time?
        The Presiding Officer: At the time.
        Mr. Ellender: By proxies, yes; but not actually.
        Mr. [Clair] Engle [of California]: Mr. President, will the 
    Senator yield?
        Mr. Ellender: I yield.
        Mr. Engle: The committee record shows that a quorum was 
    present. Is that correct?
        Mr. Ellender: That is correct.
        Mr. Engle: No point of no quorum was made at the time the bill 
    was reported.
        Mr. Ellender: That is correct.
        Mr. Engle: The record shows that a quorum was present, and no 
    point of order was made at that particular time, and members 
    drifted in and out. Is that correct? . . .
        The Presiding Officer: Does the Senator from Wisconsin press 
    his point of order?

        Mr. Proxmire: Yes; I press my point of order. I wish further to 
    point out that it has now been disclosed and stipulated and agreed 
    upon by the chairman of the committee that a quorum was not present 
    at the time the vote on the bill was taken. It is true that a 
    quorum was present earlier. It is true that a substantive majority 
    was present earlier, but at the time the vote was taken no physical 
    quorum was present in the committee room to vote.
        Mr. Ellender: The records of the committee show that a quorum 
    was present at the meeting.
        The Presiding Officer: By proxy?
        Mr. Ellender: A quorum was present at the time the meeting 
    began, when the question of a quorum arose.
        The Presiding Officer: Was a quorum present at the time the 
    vote was taken on S. 1703?
        Mr. Ellender: No.
        The Presiding Officer: In view of the point of order that has 
    been made, and the rule which necessitates that a ruling be made, 
    the Chair rules that under section 133(d) of the Legislative 
    Reorganization Act of 1946,(9) which operates as a rule 
    of the Senate, and provides that: ``No measure or recommendation 
    shall be reported from any such committee unless a majority of the 
    committee were actually present,'' the Chair sustains the point of 
    order.
---------------------------------------------------------------------------
 9. This section appears in 2 USC Sec. 190a (d), and Rule XXV clause 
        5(a), Senate Manual Sec. 25.5 (1973).
---------------------------------------------------------------------------

        If the Committee on Agriculture and Forestry reported the bill 
    (S. 1703) in question without a majority of the members being 
    actually present, the action of the committee in ordering the bill 
    to be reported to the Senate was in

[[Page 3740]]

    controvention of the above section of the Legislative 
    Reorganization Act, and therefore such action was without authority 
    and void.
        Being ``actually present'' means the member would have had to 
    be present in committee, and a poll does not present a compliance 
    with the rule.
        Mr. Holland: Mr. President, a parliamentary inquiry.
        The Presiding Officer: The Senator from Florida will state it.
        Mr. Holland: What is the status of the bill following the 
    ruling of the distinguished Presiding Officer?
        The Presiding Officer: The status of the bill is that legally 
    it has never left the committee.
        Mr. Holland: The status of the bill is that it is still in the 
    custody of the committee?
        The Presiding Officer: It is in the custody of the committee.


 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
       C. OBJECTIONS TO ABSENCE OF A QUORUM; POINTS OF NO QUORUM
 
Sec. 18. Withdrawal or Withholding of Objections or Points of No Quorum

    When a point of no quorum is made, no ``business'' (10) 
is in order. The point may be withdrawn (11) or withheld 
(12) until announcement of absence of a quorum, after which 
the point may not be withdrawn even by unanimous 
consent.(13)
---------------------------------------------------------------------------
10. ``Business'' is a term of art which does not encompass all 
        parliamentary proceedings. For example, the prayer, 
        administration of the oath to a Member, receipt of messages 
        from the President and Senate, motions incidental to a call of 
        the House, and the motion to adjourn, which do not require a 
        quorum, are in order after a point of no quorum. See Sec. 10, 
        supra, for a discussion of the definition of business. See also 
        Rule XV clause 6, House Rules and Manual Sec. 774c (1979).
11. Sec. Sec. 18.5, 18.6, infra.
12. Sec. Sec. 18.10, 18.11 infra.
13. Sec. Sec. 18.7-18.9, 
        infra.                          -------------------
---------------------------------------------------------------------------

In General

Sec. 18.1 Withdrawal of a point of no quorum does not require unanimous 
    consent.

    On Nov. 15, 1967,(14) during consideration of S. 2388, 
the Economic Opportunity Amendments of 1967, Chairman John J. Rooney, 
of New York, commented on an objection to withdrawal of a point of no 
quorum.
---------------------------------------------------------------------------
14. 113 Cong Rec. 32662, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Sam M.] Gibbons [of Florida]: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: The Chair will count.
        Mr. Gibbons: Mr. Chairman I withdraw the point of order.
        Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, I object.
        The Chairman: Withdrawal of a point of order does not require 
    unani

[[Page 3741]]

    mous consent; so the point of order is withdrawn.

Sec. 18.2 Where objection is made to a vote on the ground that a quorum 
    is not present and, pursuant to a special order, the Speaker 
    declares that further proceedings will be put over until the 
    following day, it is too late for another Member to demand tellers 
    on the question, even though the point of no quorum is subsequently 
    withdrawn.

    On May 4, 1966,(15) during consideration of H.R. 14745, 
the appropriations bill for the Department of Health, Education, and 
Welfare and the Department of Labor for fiscal year 1967, Speaker John 
W. McCormack, of Massachusetts, ruled on the timeliness of a demand for 
tellers after postponing consideration.
---------------------------------------------------------------------------
15. For the proceedings of this date, see Sec. 13.5, supra.
---------------------------------------------------------------------------

Consequences of Withdrawal

Sec. 18.3 Where a point of no quorum is made and withdrawn immediately 
    after a division vote, it is then not too late to demand a teller 
    vote on the pending proposition.

    On Mar. 8, 1946,(16) during consideration of H.R. 5605, 
the agricultural appropriation bill for 1947, Chairman William M. 
Whittington, of Mississippi, ordered tellers.
---------------------------------------------------------------------------
16. 92 Cong. Rec. 2084, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: The question is on the amendment offered by the 
    gentleman from Massachusetts [Mr. Heselton].
        The question was taken; and on a division (demanded by Mr. 
    Heselton) there were--ayes 42, noes 28.
        Mr. [Reid F.] Murray of Wisconsin: Mr. Chairman, I make a point 
    of order a quorum is not present.
        The Chairman: The Chair will count.
        Mr. Murray of Wisconsin: Mr. Chairman, I withdraw my point of 
    no quorum.
        Mr. [George H.] Mahon [of Texas]: Mr. Chairman, a parliamentary 
    inquiry.
        The Chairman: The gentleman will state it.
        Mr. Mahon: Mr. Chairman, is it too late to ask for tellers on 
    this vote?
        The Chairman: No; it is not too late to ask for tellers.
        Mr. Mahon: Mr. Chairman, I ask for tellers.
        Tellers were ordered, and the chairman appointed as tellers Mr. 
    Mahon and Mr. Heselton.
        The committee again divided; and the tellers reported that 
    there were--ayes 30, noes 48.
        So the amendment was rejected.

[[Page 3742]]

Sec. 18.4 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.

    On Feb. 5, 1957,(17) Speaker Sam Rayburn, of Texas, 
entertained an objection to a division vote.
---------------------------------------------------------------------------
17. 103 Cong. Rec. 1553, 85th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Clerk will report the amendment on which a 
    separate vote is demanded.
        The Clerk read as follows:

            Amendment offered by Mr. Lanham: Page 5, line 7, after 
        ``$275,000,000'', strike out the colon and insert ``Provided, 
        That not more than $15,728,000 of this amount may be used for 
        State and local administration.''

        Mrs. [Edith S.] Green of Oregon: Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were refused.
        The Speaker: The question is on the amendment.
        The question was taken and the Speaker announced that the 
    ``ayes'' had it.
        Mrs. 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.

When Withdrawal Is Permitted

Sec. 18.5 A point of order that a quorum is not present may be 
    withdrawn, providing the absence of a quorum has not been announced 
    by the Chair; such withdrawal does not require unanimous consent.

    On Apr. 11, 1962,(1) Speaker pro tempore W. Homer 
Thornberry, of Texas, ruled on whether unanimous consent is required 
for withdrawal.
---------------------------------------------------------------------------
 1. 108 Cong. Rec. 6379, 6380, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [James B.] Utt [of California]: I have yielded once to the 
    gentleman from Ohio already.

[[Page 3743]]

        Mr. [Wayne L.] Hays [of Ohio]: Well, I make the point of order 
    that a quorum is not present.
        The Speaker Pro Tempore: The Chair will count.
        Mr. Hays: Mr. Speaker, out of deference to the Speaker, whom I 
    have known for 14 years as the majority leader previously, I will 
    withdraw the point of order. But I will say I will make another 
    one, if necessary.
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: Does the gentleman from California 
    [Mr. Utt] yield to the gentleman from Iowa [Mr. Gross] for a 
    parliamentary inquiry?
        Mr. Utt: Mr. Speaker, I yield to the gentleman from Iowa for 
    the purpose of making a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Gross: Mr. Speaker, does it require unanimous consent to 
    withdraw a request for a quorum call?
        The Speaker Pro Tempore: It does not, the Chair will state to 
    the gentleman from Iowa.

Sec. 18.6 In the Committee of the Whole, a point of order that a quorum 
    is not present may be withdrawn before the absence of a quorum is 
    ascertained, and unanimous consent is not required.

    On Sept. 4, 1969,(2) during consideration of H.R. 12085, 
extending the Clean Air Act, a point of no quorum was withdrawn.
---------------------------------------------------------------------------
 2. 115 Cong. Rec. 24372, 24373, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        (By unanimous consent, Mr. Koch was allowed to speak out of 
    order.)
        Mr. [Edward I.] Koch [of New York]: Mr. Chairman, I believe 
    that the speaker who just spoke----
        Mr. [Charles E.] Chamberlain [of Michigan]: Mr. Chairman, I 
    make the point of order that a quorum is not present.
        The Chairman: (3) The Chair will count.
---------------------------------------------------------------------------
 3. Cornelius E. Gallagher (N.J.).
---------------------------------------------------------------------------

        Mr. Chamberlain (during the counting): Mr. Chairman, I withdraw 
    my point of order.
        Mr. [Joe D.] Waggonner [Jr., of Louisiana]: Mr. Chairman, a 
    parliamentary inquiry.
        Would it not be necessary under the rules of the House for the 
    gentleman to ask unanimous consent to withdraw his point of order?
        The Chairman: The point of order can be withdrawn without the 
    consent of the Committee of the Whole unanimously.
        The gentleman from New York is recognized.

When Withdrawal Is Not Permitted

Sec. 18.7 Where the Chair after counting announces that a quorum is not 
    present, a Member may not, even by unanimous consent, withdraw his 
    point of no quorum, to permit the House to continue with its 
    business without having first obtained a quorum.

    On Dec. 18, 1937,(4) Speaker William B. Bankhead, of Ala
---------------------------------------------------------------------------
 4. 82 Cong. Rec. 1846, 75th Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3744]]

bama, ruled on the procedure after announcement of absence of a quorum.

        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Speaker, I suggest the 
    absence of a quorum.
        The Speaker: The gentleman from Michigan makes the point of 
    order that there is not a quorum present. The Chair will count. 
    [After counting.] One hundred and fifty-six Members are present, 
    not a quorum.
        Mr. Rabaut: Mr. Speaker, I will withdraw the motion.
        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, a point of 
    order. The Speaker has announced that a quorum is not present. The 
    gentleman from Michigan cannot withdraw the point of order. The 
    Speaker has announced that there is no quorum present. Business 
    cannot be conducted after the Speaker has announced there is no 
    quorum present.
        The Speaker: The Chair will hold that a point of order having 
    been made that there was no quorum present, and the Chair having 
    counted and announced that there was no quorum present, a 
    constitutional question is raised. No quorum is present, as was 
    announced by the Chair.
        Mr. [Henry B.] Steagall [of Alabama]: Mr. Speaker, I move a 
    call of the House.

        A call of the House was ordered.

    Parliamentarian's Note: A unanimous-consent request is business of 
the House, which cannot be conducted in the proven absence of a quorum.

Sec. 18.8 In the House, the absence of a quorum being announced, it is 
    too late to withdraw a point of order that there is no quorum 
    present.

    On May 23, 1939,(5) Speaker William B. Bankhead, of 
Alabama, ruled on the timeliness of a withdrawal of a point of no 
quorum.
---------------------------------------------------------------------------
 5. 84 Cong. Rec. 6004, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Edward E.] Cox [of Georgia]: Mr. Speaker, I yield 5 
    minutes to the gentleman from Virginia [Mr. Woodrum].
        Mr. [Charles R.] Clason [of Massachusetts]: Mr. Speaker, I make 
    the point or order there is not a quorum present.
        The Speaker: The gentleman from Massachusetts makes the point 
    of order that there is no quorum present. The Chair will count. 
    [After counting.] Two hundred and thirteen Members are present, not 
    a quorum.
        Mr. Clason and Mr. [Clifton A.] Woodrum of Virginia rose.
        Mr. Clason: Mr. Speaker, I withdraw the point of order in view 
    of the large number that are present.
        The Speaker: Under the circumstances, the Chair is not 
    authorized to recognize the gentleman inasmuch as the Chair had 
    already announced no quorum present. A constitutional question is 
    raised.

Sec. 18.9 In the Committee of the Whole, it is too late to withdraw a 
    point of no quorum after the Chair has counted

[[Page 3745]]

    and announced that a quorum is not present.

    On Mar. 24, 1948,(6) Chairman Francis H. Case, of South 
Dakota, responded to an attempt to withdraw a point of no quorum.
---------------------------------------------------------------------------
 6. 94 Cong. Rec. 3436, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: The Chair will present that question to the 
    Committee. The question is, Shall the gentleman be permitted to 
    proceed with the reading of the letter?
        The question was taken, and the Chair announced that the motion 
    was agreed to.
        Mr. [Vito] Marcantonio [of New York]: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: The Chair will count. [After counting.] Seventy-
    seven Members are present, not a quorum.
        Mr. Marcantonio: Mr. Chairman, I withdraw the point of order. I 
    just want to show that courtesy can be extended in this House.
        The Chairman: The Chair has already announced the count.
        The Clerk will call the roll.

Withholding

Sec. 18.10 A point of no quorum may not be reserved (withheld) after 
    the Chair has announced that a quorum is not present.

    On Mar. 14, 1938,(7) Speaker William B. Bankhead, of 
Alabama, ruled on the timeliness of withholding a point of no quorum.
---------------------------------------------------------------------------
 7. 83 Cong. Rec. 3319, 75th Cong. 3d Sess.
---------------------------------------------------------------------------

        Mr. [Sam] Rayburn [of Texas]: Mr. Speaker, I make the point of 
    order that a quorum is not present.
        The Speaker: Evidently there is not a quorum present.
        Mr. Rayburn: Mr. Speaker, I withhold the point of order for the 
    moment, as I understand there are some Members who wish to extend 
    their remarks. I must announce, however, that for today I shall 
    feel called upon to object to anyone having any time before going 
    into the Committee of the Whole.
        The Speaker: The Chair is reluctantly obliged to hold, having 
    announced that there was no quorum present, that the point of order 
    may not be withheld. It raises a constitutional question. The rule 
    will have to be observed.
        Mr. Rayburn: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.

Sec. 18.11 A point of no quorum may not be withheld after the absence 
    of a quorum has been announced by the Chair; and no business is in 
    order until a quorum is established.

    On Sept. 7, 1959,(8) Speaker Sam Rayburn, of Texas, did 
not permit a point of no quorum to be withheld.
---------------------------------------------------------------------------
 8. 105 Cong. Rec. 18442, 18443, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Armistead I.] Selden [Jr., of Alabama]: Mr. Speaker, I ask 
    unani

[[Page 3746]]

    mous consent that it may be in order to consider under the general 
    rules of the House the bill (H.R. 9069) to provide standards for 
    the issuance of passports, and for other purposes; that general 
    debate continue for not to exceed 1 hour, one-half to be controlled 
    by myself and one-half controlled by the ranking minority member of 
    the Committee on Foreign Affairs.
        The Speaker: Is there objection to the request of the gentleman 
    from Alabama?
        There was no objection. . . .
        Mr. [Charles O.] Porter [of Oregon]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, will 
    the gentleman withhold his point of order until a consent request 
    can be acted upon?
        The Speaker: It is too late to do anything. He held the floor 
    and the Chair declared that a quorum was not present. The only 
    thing that can take place now is a call of the House.
        Mr. McCormack: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.


                                 
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