[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[B. Motions to Postpone]
[Â§ 7. Postponement to a Day Certain]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4546-4548]
 
                               CHAPTER 23
 
                                Motions
 
                         B. MOTIONS TO POSTPONE
 
Sec. 7. Postponement to a Day Certain

Postponement of Veto Messages to a Day Certain

Sec. 7.1 The debatable motion to postpone further consideration of a 
    veto message to a day certain is privileged and takes precedence 
    over the pending question of passing the bill notwithstanding the 
    objections of the President.

[[Page 4547]]

    On Jan. 27, 1970,(7) the House was considering the veto 
message on H.R. 13111, the Labor and HEW appropriations for fiscal 
1970. The following then took place:
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 7. 116 Cong. Rec. 1367, 1368, 91st Cong. 2d Sess.
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        The Speaker Pro Tempore: (8) The objections of the 
    President will be spread at large upon the Journal, and the message 
    and bill will be printed as a House document.
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 8. Carl Albert (Okla.).
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        The question is: Will the House, on reconsideration, pass the 
    bill H.R. 13111, the objections of the President to the contrary 
    notwithstanding?
        The Speaker: The Chair recognizes the gentleman from Texas (Mr. 
    Mahon).

                        Motion Offered by Mr. Mahon

        Mr. [George H.] Mahon [of Texas]: Mr. Speaker, I move that 
    further consideration of the veto message from the President be 
    postponed until tomorrow.
        The Speaker Pro Tempore: The gentleman from Texas (Mr. Mahon) 
    is recognized on his motion.

Sec. 7.2 A Member offering a motion to postpone further consideration 
    of a veto message to a day certain may seek recognition to move the 
    previous question thereon.

    On June 23, 1970,(9) the House was considering the veto 
message on H.R. 11102, the medical facilities construction and 
modernization amendments of 1970, when a motion to postpone was 
offered:
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 9. 116 Cong. Rec. 20877, 91st Cong. 2d Sess.
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        The Speaker: (10) The objections of the President 
    will be spread at large upon the Journal and the message and bill 
    will be printed as a House document.
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10. John W. McCormack (Mass.).
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        Mr. [Harley O.] Staggers [of West Virginia]: Mr. Speaker, I 
    move that further consideration of the veto message of the 
    President be postponed until Thursday, June 25, 1970.
        Mr. Speaker, the reason I ask for this postponement is to serve 
    notice on all Members of the House and to give everyone an 
    opportunity to study the veto message and to participate in what I 
    think is a highly important matter.
        Mr. Speaker, I move the previous question on the motion.
        The previous question was ordered.
        The Speaker: The question is on the motion offered by the 
    gentleman from West Virginia (Mr. Staggers).
        The motion was agreed to.

Sec. 7.3 A veto message postponed to a day certain is the unfinished 
    business on that day.

    On Apr. 14, 1948,(11) the House resumed consideration of 
the veto message on H.R. 5052, dealing with the Social Security Act and 
the Internal Revenue Code. The
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11. 94 Cong. Rec. 4427, 80th Cong. 2d Sess.
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[[Page 4548]]

proper order of business was announced by the Speaker:

        The Speaker: (12) The Chair wishes to state the 
    order of business.
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12. Joseph W. Martin, Jr. (Mass.).
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        The unfinished business is the further consideration of the 
    veto message of the President of the United States on the bill 
    (H.R. 5052) to exclude certain vendors of newspapers or magazines 
    from certain provisions of the Social Security Act and the Internal 
    Revenue Code.

    The Speaker also indicated that when a veto message postponed to a 
day certain is announced as the unfinished business on that day, no 
motion is required from the floor for the consideration of such veto; 
the question ``Will the House, on reconsideration, pass the bill, the 
objections of the President to the contrary notwithstanding'' is the 
pending business: (13)
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13. 94 Cong. Rec. 4427, 4428, 80th Cong. 2d Sess.
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        The Speaker: The question is, Will the House, on 
    reconsideration, pass the bill, the objections of the President to 
    the contrary notwithstanding? . . .
        The Speaker: The gentleman from California [Mr. Gearhart] is 
    recognized.
        Mr. [Herman P.] Eberharter [of Pennsylvania]: Mr. Speaker, will 
    the gentleman yield?
        Mr. [Bertrand W.] Gearhart: I yield to the gentleman from 
    Pennsylvania.
        Mr. Eberharter: Has the gentleman made a motion to call up the 
    bill?
        Mr. Gearhart: The Parliamentarian advises me that is not 
    necessary. The Speaker has already stated the issue.

        Mr. Eberharter: I just wanted the record to be certain. I did 
    not hear the gentleman make a motion to call up the bill.
        Mr. Gearhart: I believe the gentleman's question has already 
    been answered.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, if the 
    gentleman will yield, the bill is before the House now 
    automatically.
        Mr. Eberharter: Mr. Speaker, will the gentleman yield for a 
    parliamentary inquiry?
        Mr. Gearhart: Gladly.
        The Speaker: The Chair will state that he has already put the 
    question, but he will repeat it if the gentleman desires.
        Mr. Eberharter: No. I just want to have the record straight.
        The Speaker: The veto message was originally read on April 6, 
    and the request of the gentleman from California was that it be 
    reread for the information of the House. Previous to that request 
    the Chair had stated that the question before the House was, Will 
    the House, on reconsideration, pass the bill, the objections of the 
    President to the contrary notwithstanding?
        The gentleman will proceed.