[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[D. Motions for the Previous Question]
[Â§ 19. Relation to Other Matters]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4609-4611]
 
                               CHAPTER 23
 
                                Motions
 
                  D. MOTIONS FOR THE PREVIOUS QUESTION
 
Sec. 19. Relation to Other Matters

Privilege of Motion Over Recognition of Member of Debate

Sec. 19.1 The motion for the previous question is privileged and is in 
    order before a Member is recognized for debate.

    On Apr. 1, 1938,(3) the House was considering S. 3331, a 
reorganization bill. Mr. John J. Cochran, of Missouri, spoke:
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 3. 83 Cong. Rec. 4616, 75th Cong. 3d Sess.
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        Mr. Cochran: Mr. Speaker, I move that the House resolve itself 
    into the Committee of the Whole House on the state of the Union for 
    the further consideration of the bill S. 3331; pending that, I move 
    that general debate in the Committee of the Whole House on the 
    state of the Union on the bill (S. 3331) do now close, and on that 
    motion I move the previous question.
        Mr. [John J.] O'Connor of New York: Mr. Speaker, I ask 
    recognition.
        Mr. Cochran: Mr. Speaker, on that motion I have moved the 
    previous question.
        Mr. O'Connor of New York: Mr. Speaker, I asked recognition 
    before the previous question was moved.
        The Speaker: (4) The gentleman from Missouri moves 
    that the House resolve itself into the Committee of the Whole House 
    on the state of the Union for the further consideration of the bill 
    S. 3331; pending that, the gentleman moves that general debate in 
    the Committee of the Whole House on the state of the Union on the 
    bill S. 3331 do now close, and on that motion he moves the previous 
    question.
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 4. William B. Bankhead (Ala.).
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        Mr. O'Connor of New York: Mr. Speaker, before the gentleman 
    moved the previous question I asked recognition.
        The Speaker: The gentleman from Missouri moved the previous 
    question.
        Mr. O'Connor of New York: I asked recognition, Mr. Speaker, 
    before the gentleman moved the previous question.
        The Speaker: The motion for the previous question takes 
    precedence.

As Related to Amendment to Resolution

Sec. 19.2 An amendment to the body of a resolution reported by the 
    Committee on Rules is properly offered before the previous question 
    is moved.

    On Feb. 28, 1949,(5) Mr. John E. Lyle, Jr., of Texas, 
called up House Resolution 44 (relating to the Panama Canal) which had
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 5. 95 Cong. Rec. 1617, 1619, 81st Cong. 1st Sess.
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[[Page 4610]]

been reported from the Committee on Rules. After he controlled a brief 
debate, Mr. Lyle stated that he had no further demands for time, and 
posed a parliamentary inquiry.

        Mr. Lyle: At what time would an amendment be proper? Now, or 
    after the previous question has been ordered?
        The Speaker: (6) An amendment to the body of the 
    resolution should be offered now.
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 6. Sam Rayburn (Tex.).
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As Related to Administration of House Oath

Sec. 19.3 A question involving the swearing in of a Member-elect was 
    permitted after the previous question had been ordered on the 
    pending question.

    On Oct. 3, 1969,(7) the Committee of the Whole reported 
back to the House the bill H.R. 14000, the Military Procurement Act for 
fiscal 1970, and the Speaker, John W. McCormack, of Massachusetts, 
stated that under the rule the previous question was ordered. The 
following then occurred:
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 7. 115 Cong. Rec. 28487, 91st Cong. 1st Sess.
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        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that the gentleman from Massachusetts, Mr. Michael J. 
    Harrington, be permitted to take the oath of office today. His 
    certificate of election has not arrived, but there is no contest, 
    and no question has been raised with regard to his election.
        The Speaker: Is there objection to the request of the gentleman 
    from Oklahoma?
        There was no objection.
        Mr. Harrington appeared at the bar of the House and took the 
    oath of office.

As Related to Senate Messages

Sec. 19.4 A message from the Senate may be received by the House after 
    the previous question has been ordered, pending the question of 
    passage of the bill.

    On Oct. 3, 1969,(8) the Committee of the Whole having 
considered H.R. 14000, dealing with military procurement authorizations 
for fiscal 1970, reported the bill back to the House.
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 8. 115 Cong. Rec. 28487, 91st Cong. 1st Sess.
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        The Speaker: (9) Under the rule, the previous 
    question is ordered.
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 9. John W. McCormack (Mass.).
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                          Message From the Senate

        A message from the Senate by Mr. Arrington, one of its clerks, 
    announced that the Senate had passed a bill of the following title, 
    in which the concurrence of the House is requested:

            S. 2917. An act to improve the health and safety conditions 
        of per

[[Page 4611]]

        sons working in the coal mining industry of the United 
        States.(10)
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10. See also 107 Cong. Rec. 7172, 87th Cong. 1st Sess., May 3, 1961.
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