[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[D. Motions for the Previous Question]
[Â§ 16. Offering Motion; Who May Offer]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4601-4604]
 
                               CHAPTER 23
 
                                Motions
 
                  D. MOTIONS FOR THE PREVIOUS QUESTION
 
Sec. 16. Offering Motion; Who May Offer

Member Controlling Debate

Sec. 16.1 The Member in control of debate may move the previous 
    question and cut off debate, either before or after the adoption of 
    the rules.

    On Jan. 4, 1965,(17) the House was considering House 
Resolution 2, offered by the Majority Leader, Carl Albert, of Oklahoma, 
authorizing the Speaker to administer the oath of office to Mr. Richard 
L. Ottinger, of New York. The following occurred:
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17. 111 Cong. Rec.20, 89th Cong. 1st Sess.
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        Mr.[James C.] Cleveland [of New Hampshire]: Mr. Speaker, will 
    the gentleman yield for a parliamentary inquiry?
        Mr. Albert: I yield for a parliamentary inquiry.
        Mr. Cleveland: If this resolution is adopted, will it be 
    impossible for me to offer my own resolution pertaining to the same 
    subject mattter, either as an amendment or a substitute?
        The Speaker: (18) If the resolution is agreed to, it 
    will not be in order for the gentleman to offer a substitute 
    resolution or an amendment, particularly if the previous question 
    is ordered.
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18. John W. McCormack (Mass.).
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        Mr. Cleveland: Is it now in order, Mr. Speaker?
        The Speaker: Not unless the gentleman from Oklahoma yields to 
    the gentleman for that purpose.
        Mr. Cleveland: Mr. Speaker, will the gentleman yield?
        Mr. Albert: The gentleman from Oklahoma does not yield for that 
    purpose.
        Mr. Cleveland: Mr. Speaker, a parliamentary inquiry. Will there 
    be any opportunity to discuss the merits of this case prior to a 
    vote on the resolution offered by the gentleman from Oklahoma?
        The Speaker: The gentleman from Oklahoma has control over the 
    time. Not unless the gentleman from Oklahoma yields for that 
    purpose. . . .

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        Mr. [Thomas G.] Abernethy [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: Does the gentleman from Oklahoma yield to the 
    gentleman from Missisippi for the purpose of submitting a 
    parliamentary inquiry?
        Mr. Albert: Mr. Speaker, I move the previous question on the 
    resolution.
        The Speaker: The question is on the motion.
        The previous question was ordered.(19)
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19. See also 116 Cong. Rec. 20876, 91st Cong. 2d Sess., June 23, 1970.
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Member Yielding Floor for Amendment

Sec. 16.2 A Member controlling time for debate in the House may not 
    yield to another Member to offer an amendment without losing the 
    floor and the right to move the previous question.

    On Mar. 13, 1939,(20) the House was considering House 
Resolution 113, providing for an investigation of the milk industry in 
the District of Columbia. Mr. Charles A. Halleck, of Indiana, was 
controlling the floor for debate when Mr. John Taber, of New York, rose 
with a parliamentary inquiry.
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20. 84 Cong. Rec. 2663-73, 76th Cong. 1st Sess.
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        Mr. Taber: Mr. Speaker, if the gentleman from Indiana should 
    yield to the gentleman from Wisconsin to offer an amendment, the 
    gentleman from Indiana yields control of the floor under the rule.
        The Speaker: (1) The Chair has already stated that.
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 1. William B. Bankhead (Ala.).
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        Mr. Taber: And the right to move the previous question would 
    vest in the gentleman from Wisconsin.
        The Speaker: That is a correct interpretation of the rule.

Sec. 16.3 While the Member in charge of a resolution in the House 
    ordinarily loses the floor and the right to move the previous 
    question if he yields for an amendment, he may move the previous 
    question on the resolution following disposition of the amendment 
    where the proponent of the amendment has not done so and where no 
    other Member seeks recognition.

    On Apr. 29, 1971,(2) the House was considering House 
Resolution 274, providing funds for the Committee on Internal Security. 
With Mr. Frank Thompson, Jr., of New Jersey, in control of the 
resolution on the floor of the House the following occurred:
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 2. 117 Cong. Rec. 12489, 12504, 12505, 92d Cong. 1st Sess.
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        Mr. Thompson of New Jersey: . . . I now yield 2 minutes to the 
    gentleman

[[Page 4603]]

    from Ohio for the purpose of offering an amendment.
        The Speaker: (3) The gentleman from Ohio is 
    recognized.
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 3. Carl Albert (Okla.).
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        Mr. [Wayne L.] Hays [of Ohio]: Mr. Speaker, I have an amendment 
    which I propose to offer. I want to read it to the House as the 
    Clerk may have trouble with my handwriting. . . .
        The Speaker: The gentleman from Ohio is recognized for 5 
    minutes in support of the amendment. . . .
        The question is on the amendment offered by the gentleman from 
    Ohio (Mr. Hays) to the committee amendment. . . .
        The question was taken; and there were--yeas 257, nays 129, not 
    voting 46. . . .
        So the amendment to the committee amendment was agreed to . . .
        Mr. Thompson of New Jersey: Mr. Speaker, I move the previous 
    question on the committee amendment, as amended, and on the 
    resolution.
        The previous question was ordered.
        The Speaker: The question is on the committee amendment, as 
    amended.
        The committee amendment, as amended, was agreed to.

Sec. 16.4 A Member who lost the floor on a resolution by yielding for 
    an amendment was recognized to move the previous question on the 
    resolution following rejection of the amendment, where no other 
    Member sought recognition.

    On June 2, 1971,(4) Mr. Kenneth J. Gray, of Illinois, 
was controlling House debate on House Resolution 449, which created 
additional positions and provided an overtime pay system for United 
States Capitol Police.
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 4. 117 Cong. Rec. 17502, 17504, 92d Cong. 1st Sess.
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        Mr. Gray: . . . Mr. Speaker, I yield to the gentleman from 
    Missouri (Mr. Hall) for the purpose of offering an amendment.
        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, I offer an 
    amendment. . . .
        The Speaker: (5) The question is on the amendment 
    offered by the gentleman from Missouri.
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 5. Carl Albert (Okla.).
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        The amendment was rejected.
        Mr. Gray: Mr. Speaker, I move the previous question on the 
    resolution.
        The previous question was ordered.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Member Yielding Floor for Debate

Sec. 16.5 The Member who yielded the floor to another Member for one 
    hour of debate was recognized at the end of that hour to move the 
    previous question.

    On July 5, 1945,(6) Mr. Malcolm C. Tarver, of Georgia, 
offered a motion to correct the Congressional Record of July 2, 1945, 
to reflect a colloquy between Mr.
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 6. 91 Cong. Rec. 7221-25, 79th Cong. 1st Sess.
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[[Page 4604]]

Tarver and Mr. John E. Rankin, of Mississippi.

        Mr. Tarver: . . . Mr. Speaker, I yield the floor.
        Mr. Rankin: Mr. Speaker, I ask for recognition.
        The Speaker: (7) The gentleman is recognized.
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 7. Sam Rayburn (Tex.).
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        Mr. Rankin: For how long?
        The Speaker: The gentleman may speak for an hour if he wishes.

    After the hour's debate:

        Mr. Tarver: Mr. Speaker, I move the previous question.
        The previous question was ordered.

Member Having Floor to Offer a Motion

Sec. 16.6 A Member having the floor to offer a motion may move the 
    previous question thereon although another Member claims 
    recognition to offer a motion of higher privilege; but the motion 
    of higher privilege must be put before the previous question.

    On Sept. 13, 1965,(8) at the conclusion of the reading 
of the Journal, Mr. Carl Albert, of Oklahoma, rose to his feet and made 
the following motions:
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 8. 111 Cong. Rec. 23600, 23601, 89th Cong. 1st Sess.
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        Mr. Albert: Mr. Speaker, I move that the Journal be approved as 
    read; and on that I move the previous question.
        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, I move that 
    that motion be laid on the table; and I offer an amendment to the 
    Journal.
        The Speaker: (9) The Chair will state that the 
    motion to lay on the table is in order, but the amendment is not in 
    order.
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 9. John W. McCormack (Mass.).
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        What is the motion of the gentleman from Missouri?
        Mr. Hall: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Hall: Mr. Speaker, during the reading of the Journal, 
    section by section, I asked at what time it might be amended; and 
    if I understood the distinguished Speaker correctly he said that if 
    such an amendment were submitted by the gentleman from Missouri or 
    any other person at any time it would be in order at the end of the 
    reading of the Journal.
        The Speaker: The gentleman from Missouri has a correct 
    recollection of what the Chair said at that time. However, the 
    gentleman from Oklahoma [Mr. Albert] has made a motion that the 
    Journal as read be approved and upon that he has moved the previous 
    question.
        Mr. Hall: Then, Mr. Speaker, I move to table that motion.
        The Speaker: The question is on the motion to lay on the table 
    the motion that the Journal be approved as read.

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