[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[F. Motions to Reconsider]
[Â§ 37. Requirement for a Quorum]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4728-4729]
 
                               CHAPTER 23
 
                                Motions
 
                        F. MOTIONS TO RECONSIDER
 
Sec. 37. Requirement for a Quorum

Effect of Point of Order of no Quorum

Sec. 37.1 When a point of order that a quorum was not present was 
    raised against the offering of a motion to reconsider the vote by 
    which a bill was adopted, the proponent of the motion indicated a 
    willingness to enter, rather than make, the motion; the point of 
    order was withdrawn, and the motion was entered.

    On Apr. 22, 1943,(12) Mr. Eugene Worley, of Texas, moved 
to reconsider the vote whereby the House had on the previous day 
rejected H.R. 1860, a bill to provide overtime compensation for 
government employees. Objection was made on the ground that a quorum 
was not present, but was withdrawn after Mr. Worley asked for unanimous 
consent to enter, rather than to make, his motion:
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12. 89 Cong. Rec. 3729, 78th Cong. 1st Sess.
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        Mr. Worley: Mr. Speaker, I move to reconsider the action by 
    which H.R. 1860 was on yesterday rejected.
        Mr. [Albert A.] Gore [of Tennessee]: Mr. Speaker, I make the 
    point of order a quorum is not present.
        Mr. Worley: Mr. Speaker, I ask unanimous consent to enter the 
    motion.
        Mr. Gore: Mr. Speaker, then I withdraw the point of order.
        The Speaker: (13) Is there objection to the request 
    of the gentleman from Texas [Mr. Worley]?
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13. Sam Rayburn (Tex.).

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[[Page 4729]]

        There was no objection.

    Parliamentarian's Note: Since a quorum is required to reconsider 
the vote on a proposition which requires a quorum (5 Hinds' Precedents 
Sec. 5606), and since under the rules then applicable no business could 
be conducted once a point of no quorum was made, it became necessary to 
seek unanimous consent to enter the motion. However, once the point of 
order was withdrawn, such unanimous consent would no longer have been 
required.