§5. Securing Attendance; Arrests

Ch. 20 § 4 DESCHLER’S PRECEDENTS

A call of the House was ordered. House was still open and in The call was taken by electronic de- progress upon rejection of the ad- vice, and the following Members failed journment motion, and that Mem- to respond: . . . bers could record their presence MR. [H. R.] GROSS [of Iowa]: Mr. Speaker, may we have the regular although they had not been able order? to return to the floor during the THE SPEAKER: The regular order is 15-minute period. Mr. John J. the establishment of a quorum and the Duncan, of Tennessee, contended rule provides a minimum of 15 min- the next day that the Speaker had utes for Members to respond. Clause 5 no authority to entertain the mo- of rule XV states that Members have tion to adjourn during the call of ‘‘not less than 15 minutes to have their presence recorded.’’ the House and prior to his an- MR. [JOE D.] WAGGONNER [Jr., of nouncement of the result of that Louisiana]: Mr. Speaker, I move that call (citing 5 Hinds’ Precedents the House do now adjourn. § 6053, to the effect that a motion MS. [BELLA] ABZUG [of New York]: to adjourn may not interrupt a Mr. Speaker, on that I demand the call of the yeas and nays during yeas and nays. the actual call of the roll). If this The yeas and nays were ordered. contention were valid, it would The vote was taken by electronic de- vice, and there were—yeas 9, nays 143, give to the Speaker unlimited dis- present 1, not voting 279, as follows: cretion to keep a quorum call open ... indefinitely by refusing to an- So the motion to adjourn was re- nounce the result (where a jected. quorum had not been obtained) The result of the vote was amended and thereby indefinitely refusing as above recorded. to entertain a motion to adjourn. THE SPEAKER: The order of business See § 8.19, infra, where a motion is the establishment of a quorum. The House is still in the process of trying to to adjourn was held in order after establish a quorum, the motion to ad- the conclusion of the second call of journ having been rejected. Are there the roll and prior to announce- further Members in the Chamber who ment by the Chair of the result of desire to record their presence? the call. Parliamentariarn’s Note: Be- cause the Speaker had not announced the result of the call of § 5. Securing Attendance; the House (Roll No. 191) at the Arrests time Mr. Waggonner offered the motion to adjourn, the Speaker The attendance of absent Mem- announced that the call of the bers may be secured under Rule

3548 CALLS OF THE HOUSE; QUORUMS Ch. 20 § 5

XV clause 4,(6) which provides for officers appointed by the Sergeant an ‘‘automatic’’ vote by yeas and at Arms to send for and arrest ab- nays and for the arrest of absent sentees for whom no excuse is Members by the Sergeant at made. Members whose attendance Arms. Under this rule the Ser- has been secured in this manner geant at Arms forthwith proceeds are detained until discharged on to bring in absent Members, conditions determined by the whenever a quorum fails to vote, House. The Speaker (9) or Speaker pro a quorum is not present, and ob- ( ) jection is made for that cause. tempore, 10 under authority of the Each Member arrested is brought order of the House, signs war- by the Sergeant at Arms before rants for arrest of absent Mem- bers. the House, discharged from arrest, and given an opportunity to vote; his vote is recorded. Presence of Members may also In General be secured under Rule XV clause § 5.1 During a filibuster by roll (7) 2(a), which, in the absence of a calls in the House, the Speak- quorum, authorizes 15 Members er declined to recognize a (8) by majority vote to approve a Member for a motion that motion to compel the attendance the Sergeant at Arms take of absent Members and a majority whatever action necessary to of those present may then order keep a quorum present in 6. House Rules and Manual § 773 the Chamber for the remain- (1979). der of the day. 7. House Rules and Manual § 768 On Aug. 1, 1946,(11) Speaker (1979). Beginning with the 95th Con- Sam Rayburn, of Texas, declined gress, this clause must be read in to recognize a Member for a mo- conjunction with the new clause tion during the reading of a reso- 6(e)(2) of this rule, which permits the Speaker to recognize for a mo- lution relating to contempt pro- tion for a call of the House at any ceedings against George Marshall. time. MR. [WILLIAM C.] COLE of Missouri: 8. See annotation to Rule XV clause Mr. Speaker, a parliamentary inquiry. 2(a), House Rules and Manual §§ 768, 769 (1979); and 4 Hinds’ 9. See Rule I clause 4, House Rules and Precedents § 2984, which provide Manual §§ 624, 626 (1979). that because the call of the House 10. See § 5.12, infra. must be ordered by majority vote, a 11. 92 CONG. REC. 10639, 79th Cong. 2d minority of 15 will not suffice. Sess.

3549 Ch. 20 § 5 DESCHLER’S PRECEDENTS

THE SPEAKER: The gentleman will sponded to a parliamentary in- state it. quiry as to procedure during a call MR. COLE of Missouri: Mr. Speaker, is it in order to make a motion that the of the House. Sergeant at Arms take whatever action MR. [Howard W.] SMITH of Virginia: is necessary to keep a quorum present Mr. Speaker, I move a call of the in the House Chamber for the remain- House. der of today, any House rules to the MR. [JOHN E.] RANKIN [of Mis- contrary notwithstanding? If it is, I sissippi]: Mr. Speaker, on that I de- would like to make that motion. mand the yeas and nays. THE SPEAKER: The Chair would rath- The yeas and nays were refused. er not recognize the gentleman for THE SPEAKER: The question is on the such motion at this time. motion for a call of the House. The MR. COLE of Missouri: Mr. Speaker, question was taken; and on a division a further parliamentary inquiry. (demanded by Mr. Rankin) there THE SPEAKER: The gentleman will were—ayes 81, noes 13. state it. MR. SMITH of Virginia: Mr. Speaker, MR. COLE of Missouri: Mr. Speaker, I object to the vote on the ground that when would that motion be in order? a quorum is not present and make the THE SPEAKER: Well, the Chair would point of order that a quorum is not like to be the judge of that. Not now. present. The Clerk will continue reading. THE SPEAKER: A quorum is not re- Parliamentarian’s Note: Under quired in this instance. Rule XV clause 2(a), the House So the motion was agreed to. . . . may determine conditions upon The House has ordered a call of the which arrested absentees and oth- House. A roll call is in order, and the ers may be discharged, but only Clerk will call the roll. while the call of the House is in MR. [EARL C.] MICHENER [of Michi- process. gan]: Mr. Speaker, a parliamentary inquiry. § 5.2 Where a quorum call is THE SPEAKER: The gentleman will ordered, the doors may be state it. MR. MICHENER: Is this the situation, closed and the Sergeant at that a quorum was not present when Arms called upon to notify last reported; that the doors are locked absent Members. and the Sergeant at Arms is out noti- On June 5, 1946,(12) Speaker fying absent Members? THE SPEAKER: That is correct. The Sam Rayburn, of Texas, re- Clerk will call the roll.

12. 92 CONG. REC. 6353, 6354, 79th § 5.3 Where the House in the Cong. 2d Sess. Under the modern practice (beginning with the 93d absence of a quorum and Congress), doors are closed only on pursuant to motion had or- order of the Speaker. dered ‘‘that those who are 3550 CALLS OF THE HOUSE; QUORUMS Ch. 20 § 5

not present be sent for wher- MR. [BROCK] ADAMS [of Washington]: ever they are found and re- Mr. Speaker, as a part of the motion of turned here on the condition a call of the House, I further move under rule II,(14) under which a call of that they shall not be al- the House is in order, that a motion be lowed to leave the Chamber made for the majority here that those until such time as the pend- who are not present be sent for wher- ing business before this ever they are found and returned here Chamber on this legislative on the condition that they shall not be allowed to leave the Chamber until day shall have been com- such time as the pending business be- pleted,’’ the Chair inter- fore this Chamber on this legislative preted the motion as requir- day shall have been completed. ing the Sergeant at Arms to THE SPEAKER: The question is on the notify absentees but not as motion offered by the gentleman from bestowing on him the duty or Washington [Mr. Adams]. authority of arresting absen- The motion was agreed to. . . . MR. [ELFORD A.] CEDERBERG [of tees and bringing them into Michigan]: Mr. Speaker, a parliamen- the Chamber under custody. tary inquiry. The Chair stated that the THE SPEAKER: The gentleman from motion had been adopted by, Michigan will state his parliamentary and expressed the will of, the inquiry. House, and, no timely point MR. CEDERBERG: Mr. Speaker, yes- of order having been raised terday my wife underwent major sur- gery and she is in the hospital at the against the motion due to present time. I have been going back lack of a quorum, was bind- and forth to the hospital to see her. I ing on the Speaker and other have missed several quorum calls dur- Members. ing this period of time. On Oct. 9, 1968,(13) Speaker Do I have to get unanimous consent John W. McCormack, of Massa- from this body to return back to the hospital when I would probably be chusetts, responded to a series of going back within the next hour or parliamentary inquiries relating two? to a motion to locate absent Mem- THE SPEAKER: The Chair will state bers. to the gentleman from Michigan that if MR. [CARL] ALBERT [of Oklahoma]: the gentleman will consult with the Mr. Speaker, I move a call of the Speaker, certainly, we are all sorry to House. 14. Parliamentarian’s Note: The provi- 13. 114 CONG. REC. 30212–14, 90th sions referred to appear in Rule XV Cong. 2d Sess. Legislative day of clause 2(a), House Rules and Manual Oct. 8, 1968. § 768 (1979).

3551 Ch. 20 § 5 DESCHLER’S PRECEDENTS

hear about the condition of the gentle- tion we have one Member, Mr. John man’s dear wife and the Speaker will Saylor, who has leave of absence from recognize that first things come first this Chamber for 2 days and who is at and that one belongs with his loved the present time on board a naval ship. ones. Does this motion apply to a person MR. CEDERBERG: I thank the Speak- with such a leave of absence? er. THE SPEAKER: The gentleman is MR. [L. MENDEL] RIVERS [of South making a serious inquiry about Mem- Carolina]: Mr. Speaker, a parliamen- bers away on important duty. tary inquiry. The Chair will state that the motion THE SPEAKER: The gentleman from calls for the notification and the send- South Carolina will state his par- ing for Members. The Chair construes liamentary inquiry. that as meaning to notify the Members MR. RIVERS: Mr. Speaker, we have to return. The Chair has already in re- taken the unusual step of sending for sponse to another parliamentary in- absent Members. Even though a quiry propounded by the gentleman quorum is present, my parliamentary from South Carolina clearly stated that inquiry is this: In construing the mo- it does not call for bringing them back tion pursuant to the rules of the in custody. House, will the absent Members be merely notified or will they be sent for MR. FULTON of Pennsylvania: One by a marshal or will they be placed further parliamentary inquiry on the under arrest or how will they be re- enforcement of the motion: Is it not turned? within the full discretion of the Chair THE SPEAKER: The Chair will state as to what methods and means shall to the gentleman from South Carolina be used to notify or to arrest or to that they will be notified by the Ser- bring in Members and that that full geant at Arms. discretion still lies within the Chair? MR. RIVERS: Will they come in on So, unless there is an order by the their own or will someone in authority Chair as to the method, the motion bring them in? simply represents a notification to the THE SPEAKER: The Chair has an- Members to return because insofar as nounced that they will be notified by I know the Chair has made no ruling the Sergeant at Arms. Certainly, there as to the arrest or as to bringing the is no wording contained in the motion Members back in custody. to bring about the attempted custody THE SPEAKER: The gentleman is the of any Member. only one who has used the word ‘‘ar- MR. [JAMES G.] FULTON of Pennsyl- rest.’’ The Chair used the word ‘‘cus- vania: Mr. Speaker, a parliamentary tody.’’ The Chair does not construe inquiry. that that is a part of the motion, and THE SPEAKER: The gentleman from the Chair has construed that motion to Pennsylvania will state his parliamen- mean that it is the sense of the major- tary inquiry. ity of the House that the Sergeant at MR. FULTON of Pennsylvania: Mr. Arms do come up with the Members Speaker, in our Pennsylvania delega- that are not present and to do every-

3552 CALLS OF THE HOUSE; QUORUMS Ch. 20 § 5

thing he can within the limitation of THE SPEAKER: The Chair will state, the motion to assure their presence. in response to the inquiry, that if a quorum is not present one of two alter- Procedures Available When a natives remain; one, to adjourn the Quorum Fails to Appear on a House, and the other, to instruct the Call of the House or on Auto- Sergeant at Arms. matic Vote by Yeas and Nays The Chair wants to state, frankly, the Chair would not instruct the Ser- § 5.4 If a quorum fails to de- geant at Arms. velop on an automatic vote by yeas and nays under Rule § 5.5 Where a quorum fails to XV clause 4 (15) the House develop following a motion may decide to adjourn, or, in for a call of the House, the the absence of such motion, House has only two alter- the Speaker may sign war- natives: a motion to adjourn rants for the Sergeant at or a motion to instruct the Arms to bring in absentees. Sergeant at Arms to secure On Oct. 18, 1966,(16) Speaker the attendance of absentees. John W. McCormack, of Massa- On Oct. 14, 1969,(17) Speaker chusetts, stated the procedures John W. McCormack, of Massa- available when a quorum does not chusetts, answered inquiries re- appear. garding procedural alternatives MR. [CHARLES L.] WELTNER [of Geor- available when a quorum fails to gia]: Mr. Speaker, a parliamentary inquiry. appear. Those proceedings are re- THE SPEAKER: The gentleman will ported elsewhere in this chap- state his parliamentary inquiry. ter.(18) MR. WELTNER: Mr. Speaker, in the event that the result of the vote is an- § 5.6 If a quorum fails to mate- nounced and it appears that less than a quorum, or less than 218 Members, rialize on a call of the House ( ) have voted, and unanimous consent is under Rule XV clause 2(a), 19 not given to dispense with further pro- a motion to arrest absentees ceedings under the call, am I correct in and bring them into the understanding that the Sergeant at Arms will then be under an obligation Chamber is in order. to produce the nonvoting Members? 17. 115 CONG. REC. 30054, 30055, 91st 15. See House Rules and Manual § 773 Cong. 1st Sess. (1979). 18. See § 10.12, infra. 16. 111 CONG. REC. 27513, 89th Cong. 19. See House Rules and Manual § 768 2d Sess. (1979).

3553 Ch. 20 § 5 DESCHLER’S PRECEDENTS

On the legislative day of Oct. 8, make this motion at this time, but in 1968,(20) Speaker John W. McCor- view of the parliamentary situation, I mack, of Massachusetts, answered move that the House do now adjourn. an inquiry regarding a possible MR. [SIDNEY R.] YATES [of Illinois]: motion to arrest absentees. Mr. Speaker, on that I demand the yeas and nays. MR. [ROMAN C.] PUCINSKI [of Illi- MR. GERALD R. FORD [of Michigan]: nois]: Mr. Speaker, a parliamentary in- Mr. Speaker, a parliamentary inquiry. quiry. THE SPEAKER: The gentleman will THE SPEAKER: The gentleman will state his parliamentary inquiry. state his parliamentary inquiry. MR. GERALD R. FORD: Mr. Speaker, MR. PUCINSKI: Mr. Speaker, we have had, in the last 12 hours, 23 quorum if the motion to adjourn does not pre- calls. My parliamentary inquiry is this: vail, and a quorum is not present what In the event that a quorum does not is the situation then? respond on one of these quorum calls, THE SPEAKER: The Chair will state is it then in order to make a motion to that the House would continue to pro- arrest the absent Members and bring ceed under the call of the House to es- them down here? tablish a quorum. THE SPEAKER: Such a motion would MR. GERALD R. FORD: Mr. Speaker, be in order if a quorum is not present. a further parliamentary inquiry. § 5.7 The Speaker indicated THE SPEAKER: The gentleman will state his parliamentary inquiry. that if a motion to adjourn MR. GERALD R. FORD: Mr. Speaker, made during a quorum call does that entail another quorum call at failed and a quorum failed to that point? appear, a motion to instruct THE SPEAKER: The Chair will state the Sergeant at Arms to that we would be continuing under the bring in absentees would be previous call, the call that was in exist- ence prior to the motion to adjourn. in order. MR. YATES: Mr. Speaker, a par- On Oct. 14, 1969,(1) when less liamentary inquiry. than a quorum had appeared, Mr. Speaker, would it be in order at Speaker John W. McCormack, of that point to move that the Speaker in- Massachusetts, answered inquir- struct the Sergeant at Arms to bring in ies regarding the proper time to Members who are absent? instruct the Sergeant at Arms to THE SPEAKER: The Chair will state bring in absentees. that if the House fails to adjourn, a motion to that effect would be in order. MR. [CARL] ALBERT [of Oklahoma]: Mr. Speaker, I would prefer not to § 5.8 If a quorum fails to answer on a call of the House 20. 114 CONG. REC. 30101, 90th Cong. ( ) 2d Sess., Oct. 9, 1968 (Calendar under Rule XV clause 2(a), 2 Day). 1. 115 CONG. REC. 30055, 91st Cong. 2. See House Rules and Manual § 768 1st Sess. (1979).

3554 CALLS OF THE HOUSE; QUORUMS Ch. 20 § 5

(1) the Sergeant at Arms may MR. ADAMS: Now, Mr. Speaker, the be directed by the Speaker to second alternative is this: In the event that a quorum is not present after the locate absentees and inform efforts of the Speaker to obtain Mem- them that a quorum call is in bers from the nearby areas and progress or (2) a majority of through whatever means he wishes to those present [a minimum of pursue while he is sitting in the chair 15 is required under the and the call is proceeding that the next alternative then is a motion supported rule] and voting in the af- by 15 Members of the House to have a firmative may order the Ser- warrant issued for attendance in the geant at Arms to compel the House and after that warrant is issued attendance of absentees. and this motion is passed and the doors are locked and Members are On the legislative day of Oct. 8, brought to the floor, then under the in- 1968,(3) Speaker John W. McCor- structions of the Speaker they may be mack, of Massachusetts, stated detained on the floor throughout the procedures necessary to direct the quorum and remain present for the Sergeant at Arms to locate absen- transaction of business? Is that the second alternative, Mr. Speaker? tees and compel attendance. THE SPEAKER: The Chair does not MR. [BROCK] ADAMS [of Washington]: wish to take this matter into consider- Mr. Speaker, a parliamentary inquiry. ation in the nature of an alternative, THE SPEAKER: The gentleman from but the Chair would state that such Washington will state his parliamen- procedures are carried out requiring tary inquiry. the presence of Members. Is that what MR. ADAMS: Mr. Speaker, in the the gentleman has in mind? event a quorum is not present is it the MR. ADAMS: Would it be in order at situation under rule XV of the House that time for a motion of that type to that the first alternative that applies is be made? that the Speaker of the House may sit THE SPEAKER: That would depend during such period of time as the Ser- upon the action of the House. geant at Arms shall search the prem- MR. ADAMS: I am asking, Mr. Speak- ises in the nearby area on the request er, if such a motion by 15 Members of the Speaker in order to provide a would be in order at that time. quorum? Is that the first situation that THE SPEAKER: The Chair has dif- applies in the event a quorum is not ficulty in following the gentleman present? when he says ‘‘a motion by 15 Mem- THE SPEAKER: The statement as gen- bers.’’ erally made by the gentleman is cor- MR. ADAMS: I refer The Speaker to rect. part 2 of rule XV which reads as follows: 3. 114 CONG. REC. 30210, 90th Cong. In the absence of a quorum, fifteen 2d Sess., Oct. 9, 1968 (Calendar Members, including The Speaker, if Day). there is one——

3555 Ch. 20 § 5 DESCHLER’S PRECEDENTS

THE SPEAKER: There is one now. MR. ADAMS: If a motion is made in MR. ADAMS: I appreciate that fact, the body as it sits now, that motion Mr. Speaker, but in the event that you could be made by any individual Mem- wished— ber, and if a majority of those present in the Chamber were to vote in favor shall be authorized to compel the at- of that motion, then the procedure tendance of absent Members, and in all calls of the House the doors shall would start at that point? be closed, the names of the Members That is my parliamentary inquiry. shall be called by the Clerk, and the THE SPEAKER: The Chair will state absentees noted; and those for whom that has already been stated by the no sufficient excuse is made may, by Chair, it requires a majority of the order of a majority of those present, Members present if such a motion be sent for and arrested, wherever were to be made. It would require a they may be found, by officers to be appointed by the Sergeant-at-Arms majority of the Members present, and for that purpose, and their attend- voting thereon. ance secured and retained; and the Parliamentarian’s Note: The House shall determine upon what condition they shall be discharged. Speaker misstated the require- ment for 15 Members’ ordering Mr. Speaker, that is my inquiry in the event that this should continue the attendance of absentees in the and a quorum should not be present, if situation where only 15 Members that is important. were on the floor. The precedents THE SPEAKER: The Chair will state indicate that there must be at that such action could only be taken by least 15 affirmative votes to order a majority of the Members present and the attendance of absentees. See 4 voting. Hinds’ Precedents §§ 2983, 2984. The Chair will state further in reply to the inquiry of the gentleman from § 5.9 Under Rule XV clause Washington that the gentleman has 2(a),(4) a motion that the Ser- made reference to 15 Members, and that situation does not apply at this geant at Arms procure the time. attendance of absentees is in MR. ADAMS: Mr. Speaker, a further order and unless directed by parliamentary inquiry. such a motion, the Sergeant THE SPEAKER: The gentleman will at Arms has no authority to state his parliamentary inquiry. compel attendance. MR. ADAMS: In other words, Mr. Speaker, a motion then by a Member On the legislative day of Oct. 8, present to carry out this procedure 1968,(5) Speaker John W. McCor- would be sufficient if a quorum were not present, under the circumstances 4. See House Rules and Manual § 768 as they exist in the House? (1979). THE SPEAKER: The Chair will state 5. 114 CONG. REC. 30212, 90th Cong. that it would take a majority of the 2d Sess., Oct. 9, 1968 (Calendar Members if there were only 15 present. Day).

3556 CALLS OF THE HOUSE; QUORUMS Ch. 20 § 5 mack, of Massachusetts, stated 15–14 vote, or a 15–0 vote, would procedures for procuring attend- be sufficient.) ance of absent Members. § 5.10 Although the Speaker THE SPEAKER: On this rollcall, 220 possesses authority to issue a Members have answered to their names, a quorum. If there is no objec- warrant of arrest for absent tion, further proceedings under the call Members under an automatic will be dispensed with. roll call under Rule XV MR. [BROCK] ADAMS [of Washington]: clause 4, he usually does not Mr. Speaker, reserving the right to ob- do so without action of the ject, under the reservation of the right House during other pro- to object, I want to inquire whether, if objection is made to dispensing with ceedings incident to calls of the call, under rule XV, paragraph 2, the House under Rule XV the automatic effect of that is that the clause 2(a). Members shall be called by the Clerk On July 29, 1946,(6) in response and the absentees noted, and those for to a parliamentary inquiry, fol- whom no sufficient excuse is made may, by the order of the majority lowing the failure of a quorum to present, be sent for and arrested wher- vote on a yea and nay vote or- ever they may be found? dered under Rule XV clause 4, I am inquiring as part of my reserva- Speaker Sam Rayburn, of Texas, tion, whether or not a quorum may be made a ruling regarding issuance present, if proceedings under the call of arrest warrants. are not dispensed with, that thereafter MR. [JOHN E.] RANKIN [of Mis- the Speaker has the power for those sissippi]: Let us get this business who are absent from the body tonight, straightened out. If this motion were to have them first contacted to be voted down it would be the duty of the brought here and, if they do not ap- Speaker to issue writs of arrests for pear, to have the Sergeant at Arms go absent Members and have them and obtain them, without any further brought to the floor of the House until proceeding? every Member of the House was THE SPEAKER: . . . It would require brought back or until further pro- a motion or resolution to be concurred ceedings were dispensed with. in by a majority of the House. THE SPEAKER: The Chair could issue a warrant because this is an automatic Parliamentarian’s Note: See 4 roll call. Usually the Chair does not do Hinds’ Precedents §§ 2983, 2984. that without action of the House speci- To compel the attendance of ab- fying that it be done.(7) sentees under this rule, there 6. 92 CONG. REC. 10410, 79th Cong. 2d must be 15 affirmative votes, and Sess. those voting to compel attendance 7. Parliamentarian’s Note: Rule I must be in the majority. (Thus, a clause 4 [see House Rules and Man-

3557 Ch. 20 § 5 DESCHLER’S PRECEDENTS

§ 5.11 A motion for the arrest the bar of the House such Members of absentees is in the form of as are absent without leave. an order to the Sergeant at § 5.12 The Speaker pro tem- Arms. pore, pursuant to a motion On May 14, 1930,(8) a Member, adopted by the House that Percy E. Quin, of Mississippi, of- the Sergeant at Arms take fered the following motion: absent Members into cus-

MR. QUIN: Mr. Speaker, I move that tody, signs warrants for the the Speaker instruct the Sergeant at arrest of absent Members. Arms to bring in the absent Members. On May 14, 1930,(10) the Speak- ( ) THE SPEAKER PRO TEMPORE: 9 The er pro tempore, John Q. Tilson, of gentleman from Mississippi offers a motion, which the Clerk will report: Connecticut, announced that he The Clerk read as follows: had signed warrants for the arrest Mr. Quin presents the following mo- of absent Members. tion: The Clerk read as follows: Ordered, That the Sergeant at Mr. [PERCY E.] QUIN [of Mississippi] Arms take into custody and bring to presents the following motion: Ordered, That the Sergeant at ual § 624 (1979)] provides that the Arms take into custody . . . such Speaker ‘‘shall sign all . . . war- Members as are absent without rants. . . .’’ See 1 Hinds’ Precedents leave. § 287 which holds that the Speaker THE SPEAKER PRO TEMPORE: The has authority to issue a warrant of question is on the motion of the gen- arrest only by order of the House. tleman from Mississippi. However, the order in that case in- The question was taken; and on a di- volved the arrest of the Clerk of the vision (demanded by Mr. Stafford) House as distinguished from arrest there were 78 ayes and 55 noes. of Members during an automatic call MR. [WILLIAM H.] STAFFORD [of Wis- of the House. Under Rule XV clause consin]: Mr. Speaker, I demand the 4 [see House Rules and Manual yeas and nays. § 773 (1979)] the House has adopted THE SPEAKER PRO TEMPORE: The a standing rule ordering the Ser- gentleman from Wisconsin demands geant at Arms to bring in absent the yeas and nays. Members during the yea and nay The yeas and nays were ordered. vote. (But to actually make an arrest The question was taken; and there under this rule the Sergeant at Arms were—yeas 122, nays 74, answered must have in his possession a war- ‘‘present’’ 4, not voting 227, as follows rant signed by the Speaker.) ... 8. 72 CONG. REC. 8962, 71st Cong. 2d Sess. 10. 72 CONG. REC. 8962, 71st Cong. 2d 9. John Q. Tilson (Conn.). Sess.

3558 CALLS OF THE HOUSE; QUORUMS Ch. 20 § 5

THE SPEAKER PRO TEMPORE: The MR. [JOHN E.] RANKIN [of Mis- Chair announces the fact that he has sissippi]: Mr. Speaker, I move that fur- signed the warrants to arrest the ab- ther proceedings under the call be dis- sent Members. pensed with. . . . MR. COLE of Missouri: Mr. Speaker, Procedure Available Following a parliamentary inquiry. THE SPEAKER: The gentleman will Refusal to Dispense With Fur- state it. ther Proceedings MR. COLE of Missouri: Should this motion be voted down and should fur- § 5.13 Where a motion to dis- ther proceedings under the call be not pense with further pro- dispensed with will the Chair please state the procedure to be followed ceedings under a call for a then? quorum is rejected, the Mem- THE SPEAKER: We stay here until the bers present remain in the Sergeant at Arms brings in enough Chamber until the Sergeant Members to make a quorum or to make the full membership. at Arms brings in enough MR. [EARL C.] MICHENER [of Michi- Members to make a quorum gan]: Mr. Speaker, a parliamentary in- or make the full membership. quiry. THE SPEAKER: The gentleman will (11) On July 29, 1946, a motion to state it. dispense with further proceedings MR. MICHENER: Would it not be the under the call was rejected. fact that if this motion were voted down the House would find itself in a Mr. Rankin and Mr. Marcantonio room that is supposed to be locked and moved a call of the House. the Sergeant-at-Arms would be pre- A call of the House was ordered. sumed to be out notifying absentees? The Clerk called the roll, and the fol- THE SPEAKER: The gentleman is cor- lowing Members failed to answer to rect. their names: . . . Parliamentarian’s Note: The ( ) THE SPEAKER: 12 On this roll call Sergeant at Arms would not have 240 Members have answered to their the authority to arrest Members names, a quorum. unless ordered by a majority of If there is no objection, further pro- those voting; but he has inherent ceedings under the call will be dispensed with. authority to notify absentees that MR. [FRANK E.] HOOK [of Michigan]: they are needed to make a Mr. Speaker, I object. quorum. MR. [WILLIAM C.] COLE of Missouri: Mr. Speaker, I object. Procedure Available Following Refusal to Adjourn 11. 92 CONG. REC. 10409, 79th Cong. 2d Sess. § 5.14 The failure of a quorum 12. Sam Rayburn (Tex.). to respond on a roll call vote

3559 Ch. 20 § 5 DESCHLER’S PRECEDENTS

(decided in the negative) on Parliamentarian’s Note: See a motion to adjourn being § 5.10, Supra, where the Speaker conducted under Rule XV indicated that under an automatic clause 4,(13) would require vote by yeas and nays, the Chair the Sergeant at Arms to ar- must still sign warrants. rest absent Members without further order of the House. Senate Precedents On Apr. 15, 1970,(14) the Speak- The following precedents are er pro tempore, Charles M. Price, carried as examples of Senate pro- of Illinois, explained the procedure cedures in securing a quorum. for arresting absent Members. § 5.15 The Senate directed its MR. [FLETCHER] THOMPSON of Geor- Sergeant at Arms to request gia: Mr. Speaker, a parliamentary in- attendance of absent Sen- quiry. ators and, failing to obtain a THE SPEAKER PRO TEMPORE: The gentleman will state his parliamentary quorum by this method, di- inquiry. rected him to compel attend- MR. THOMPSON of Georgia: Mr. ance of absentees. Speaker, if there is no quorum present, ( ) and there is a negative vote, what is On Nov. 14, 1942, 15 the Senate the action of the Chair? Sergeant at Arms was directed to THE SPEAKER PRO TEMPORE: The compel the attendance of absent Chair will state that the action of the Senators. Chair is to wait until a quorum ap- ( ) pears. THE VICE PRESIDENT: 16 The Clerk MR. THOMPSON of Georgia: If no will call the roll. quorum appears, then what? The Chief Clerk called the roll, and THE SPEAKER PRO TEMPORE: The the following Senators answered to Chair will state that if a quorum does their names: . . . not appear, then the House operates THE PRESIDING OFFICER: (17) Twenty- under the automatic rule that they seven Senators having answered to would bring the Members in. their names, there is not a quorum MR. THOMPSON of Georgia: Is a mo- present. The clerk will call the names tion in order to go out and arrest the of the absent Senators. Members and bring them in? The Chief Clerk called the names of THE SPEAKER PRO TEMPORE: Under the absent Senators. the rule, the Sergeant at Arms would Mr. Thomas of Oklahoma, Mr. Lee, bring the Members in. Mr. Langer, and Mr. Kilgore entered

13. See House Rules and Manual § 773 15. 88 CONG. REC. 8838, 8839, 77th (1979). Cong. 2d Sess. 14. 116 CONG. REC. 11941, 91st Cong. 2d 16. Henry A. Wallace (Iowa). Sess. 17. Joseph Rosier (W. Va.).

3560 CALLS OF THE HOUSE; QUORUMS Ch. 20 § 5

the Chamber, and answered to their Senate after carrying out orders names. to compel attendance. THE PRESIDING OFFICER: Thirty-one Senators having answered to their MR. [ALBEN W.] BARKLEY [of Ken- names, there is not a quorum present. tucky]: Mr. President, under the pre- MR. [ALBEN W.] BARKLEY [of Ken- vious motion made by me to direct the tucky]: I move that the Sergeant at Sergeant at Arms to request the at- Arms be directed to request the attend- tendance of absent Senators, 44 Sen- ance of absent Senators. ators have appeared, 5 short of a The motion was agreed to. quorum. I now move that the Sergeant THE PRESIDING OFFICER: The Ser- at Arms be directed to compel the at- geant at Arms will execute the order of tendance of absent Senators. the Senate. The motion was agreed to. After some delay, Mr. George, Mr. THE PRESIDING OFFICER [Joseph Gerry, Mr. Willis, Mr. Bridges, Mr. Rosier, of West Virginia]: The Sergeant Murdock, Mr. Danaher, Mr. Gurney, at Arms will execute the order of the Mr. Maloney, Mr. Schwartz, Mr. Ball, Senate. . . . Mr. Taft, Mr. Lucas, and Mr. After some delay. O’Mahoney entered the Chamber and MR. BARKLEY: Mr. President, I ask answered to their names. that the Sergeant at Arms make a re- MR. BARKLEY: Mr. President, under port to the Senate upon the effort he the previous motion made by me to di- has made to compel the attendance of rect the Sergeant at Arms to request Senators. the attendance of absent Senators, 44 THE PRESIDING OFFICER [Theodore Senators have appeared, 5 short of a F. Green, of Rhode Island]: The Ser- quorum. I now move that the Sergeant geant at Arms will make his report. at Arms be directed to compel the at- THE SERGEANT AT ARMS (Chesley W. tendance of absent Senators. Jurney): Senator Aiken is out of Wash- The motion was agreed to. ington. THE PRESIDING OFFICER: The Ser- MR. [TOM T.] CONNALLY [of Texas]: geant at Arms will execute the order of A parliamentary inquiry. the Senate. THE PRESIDING OFFICER: The Sen- ator will state it. § 5.16 The Senate Sergeant at MR. CONNALLY: Under what rule is Arms is authorized to report this kind of proceeding authorized? I to that body when he has do not remember such a thing ever carried out its orders to com- happening. pel attendance of absent Sen- THE PRESIDING OFFICER: Does the Senator from Texas make objection? ators. MR. CONNALLY: I do. (18) On Nov. 14, 1942, the Ser- THE PRESIDING OFFICER: The objec- geant at Arms reported to the tion is overruled. The Sergeant at Arms will proceed. 18. 88 CONG. REC. 8838, 8839, 77th MR. CONNALLY: That is a very effi- Cong. 2d Sess. cient answer to a parliamentary in-

3561 Ch. 20 § 5 DESCHLER’S PRECEDENTS

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

3562 CALLS OF THE HOUSE; QUORUMS Ch. 20 § 5

THE PRESIDING OFFICER [Joseph C. At 3 o’clock and 40 minutes p.m., O’Mahoney, of Wyoming]: The Senator Mr. McKellar entered the Chamber from Texas. and answered to his name. MR. CONNALLY: I rise to a question THE PRESIDING OFFICER [Berkeley L. of privilege of the Senate. Bunker, of Nevada]: Forty-nine Sen- THE PRESIDING OFFICER: The Chair ators having answered to their names, is advised that a quorum of the Senate a quorum is present. has not yet responded to the call of the Parliamentarian’s Note: In other roll. In that state of affairs, no debate instances, the report of the Ser- is in order. geant at Arms has been submitted MR. CONNALLY: Mr. President, a fur- to the Presiding Officer in writing ther parliamentary inquiry. What the Chair said may be true, but I under- and read to the Senate. See Sen- stand some things are being done, or ate Procedure (S. Doc. 97–2), are about to be done, in the name of Riddick, p. 180. the Senate, which the Senate has never authorized, and which pertain to § 5.17 The Senate Sergeant at the high privileges of the Senate. I un- Arms was directed to request derstand that the Sergeant at Arms, the attendance of Senators under the direction of the majority when a quorum failed to ap- leader, or someone here, is assuming the authority to deputize, or appoint as pear on a quorum call. a deputy, one of the Senate custodians, On Apr. 26, 1958,(19) the Senate with instructions to break down Sen- directed the Sergeant at Arms to ators’ doors, enter their offices, and request the attendance of absent drag them out. The Senate has not or- Senators.(1) dered any such action as that, and I want to say to the Senate, or whoever THE PRESIDING OFFICER: (2) Is there authorized it, that if such person broke further morning business? into my office, he would not be able to MR. [LYNDON B.] JOHNSON [of break into the office of anyone else for Texas]: Mr. President, I suggest the at least 24 hours. I simply want the absence of a quorum. Senate and the country to know the THE PRESIDING OFFICER: The clerk kind of tactics which are being forced will call the roll. upon Senators in this Chamber. It is a perfect outrage. It is in line with the 19. 104 CONG. REC. 7394, 7395, 85th unconstitutional, the unwarranted, and Cong. 2d Sess. the absolutely outrageous action of a 1. See also, for example, 110 CONG. group in the Senate. REC. 10579, 88th Cong. 2d Sess., At 2 o’clock and 45 minutes p.m., May 11, 1964; 11, CONG. REC. 4754, Mr. Aiken entered the Chamber and 4755, 88th Cong. 2d Sess., Mar. 9, answered to his name. 1964; and 108 CONG. REC. 14952, At 3 o’clock and 19 minutes p.m., 14953, 87th Cong. 2d Sess., July 28, Mr. Maybank entered the Chamber 1962. and answered to his name. 2. Herman E. Talmadge (Ga.).

3563 Ch. 20 § 5 DESCHLER’S PRECEDENTS

The Chief Clerk called the roll, and The motion was agreed to. the following Senators answered to THE PRESIDING OFFICER: The Ser- their names: . . . geant at Arms will execute the order of THE PRESIDING OFFICER: A quorum the Senate. is not present. MR. [WILLIAM F.] KNOWLAND [of The Presiding Officer subse- California]: Mr. President, I move that quently declared a quorum to be the Sergeant at Arms be directed to re- present. quest the attendance of absent Sen- ators. The motion was agreed to. § 5.19 The Presiding Officer THE PRESIDING OFFICER: The Ser- described the procedure for geant at Arms will execute the order of requesting or compelling the the Senate. attendance of absent Sen- § 5.18 A quorum call in the ators. Senate failed to produce a On May 18, 1950,(6) the Pre- quorum until the Sergeant at siding Officer, Matthew M. Neely, Arms was directed to request of West Virginia, explained the attendance of absent Mem- procedure for obtaining attend- bers. ance of absent Senators. ( ) On Apr. 22, 1965, 3 the fol- MR. [BRIEN] MCMAHON [of Con- lowing proceedings took place: necticut]: I suggest the absence of a quorum. MR. [ALLEN J.] ELLENDER [of Lou- isiana]: Mr. President, I suggest the THE PRESIDING OFFICER: The clerk absence of a quorum. will call the role. . . . THE PRESIDING OFFICER: (4) The clerk A quorum is not present. will call the roll. MR. [HUBERT H.] HUMPHREY [of The legislative clerk called the roll, Minnesota]: I move that the Sergeant and the following Senators answered to at Arms be directed to request the at- their names: . . . tendance of absent Senators. THE PRESIDING OFFICER: A quorum THE PRESIDING OFFICER: The provi- is not present. sion of the rule is that a majority of MR. [PHILIP A.] HART [of Michigan]: Mr. President, I move that the Ser- Senators present may direct the Ser- geant at Arms be directed to request geant at Arms to request, and when the attendance of absent Senators. necessary, to compel the attendance of THE PRESIDING OFFICER: (5) The absent Senators. Does the Senator question is on agreeing to the motion from Minnesota make that motion? of the Senator from Michigan. MR. HUMPHREY: I make that motion, Mr. President. 3. 111 CONG. REC. 8299, 89th Cong. 1st The motion was agreed to. Sess. 4. Fred Harris (Okla.). 6. 96 CONG. REC. 7204, 81st Cong. 2d 5. Walter F. Mondale (Minn.). Sess.

3564 CALLS OF THE HOUSE; QUORUMS Ch. 20 § 5

THE PRESIDING OFFICER: The Ser- The legislative clerk called the roll; geant at Arms will execute the order of and the following Senators answered to the Senate. their names: . . . THE VICE PRESIDENT: A quorum is § 5.20 In the absence of a not present. quorum, a motion that the MR. [HUBERT H.] HUMPHREY [of Sergeant at Arms arrest the Minnesota]: Mr. President, I move that absentees and bring them be- the Sergeant at Arms be directed to re- fore the bar of the Senate is quest the attendance of absent Sen- in order. ators. THE VICE PRESIDENT: The question On the calendar day of July 28, is on agreeing to the motion of the ( ) 1962, 7 the Senate Sergeant at Senator from Minnesota. Arms was directed to request the The motion was agreed to. (8) attendance of absent Senators. THE VICE PRESIDENT: The Sergeant The Senate met at 10 o’clock a.m., on at Arms is instructed to execute the the expiration of the recess, and was order of the Senate. . . . called to order by the Vice President. MR. HUMPHREY: Mr. President, a ... parliamentary inquiry: Is a quorum CALL OF THE HOUSE present? THE VICE PRESIDENT: No. THE VICE PRESIDENT: (9) The Senate having taken a recess last night in the MR. HUMPHREY: Mr. President, is absence of a quorum, no business can the only procedure left to the acting be transacted until a quorum is majority leader to invoke the rule of present. arrest? The clerk will therefore call the roll THE VICE PRESIDENT: That would be for the purpose of developing a a matter for the judgment of the lead- quorum. ership. Such a motion would be in order. 7. 108 CONG. REC. 14952, 14953, 87th Cong. 2d Sess., July 30, 1962. [Be- § 5.21 The motion to compel at- cause no Record was printed for July 28, proceedings for that day appear tendance of absent Senators on July 30.] is not debatable. 8. Parliamentarian’s Note: The Senate On May 11, 1964,(10) a motion to remained in session for over 10 request attendance and two mo- hours but conducted no business be- tions to compel attendance were cause a quorum could not be main- tained on the floor. The first of the made before a quorum appeared. two quorum calls held on this date MR. [Wayne L.] MORSE [of Oregon]: began at 10:00 a.m. and ended at Mr. President, I move that the Ser- 2:52 p.m. The second call began at 2:58 and ended at 8:10 p.m. 10. 110 CONG. REC. 10579, 88th Cong. 9. Lyndon B. Johnson (Tex.). 2d Sess.

3565 Ch. 20 § 5 DESCHLER’S PRECEDENTS

geant at Arms be directed to compel House Resolution 1315, to provide the attendance of absent Senators. for consideration of Senate Joint THE PRESIDING OFFICER:(11) The Resolution 175, a measure sus- question is on agreeing to the motion pending for the 1968 campaign of the Senator from Oregon. the equal-time requirements of MR. [GEORGE A.] SMATHERS [of Flor- section 315 of the Communica- ida]: Mr. President, a parliamentary inquiry. tions Act of 1934, for nominees for THE PRESIDING OFFICER: The Sen- the offices of President and Vice ( ) ator will state it. President. 13 The first roll call MR. SMATHERS: Is the motion debat- (No. 375) took place immediately ( ) able? after the prayer. 14 After comple- THE PRESIDING OFFICER: No debate tion of this roll call, a full reading is in order. of the Journal was demanded.’’ (15) Following three and one-half hours of roll call votes and § 6. Closing or Locking the quorum calls which interrupted Doors reading of the Journal, Speaker John W. McCormack, of Massa- chusetts, after it was indicated The rules of the House formerly that the Chair had authority to provided for closing the doors to order the Doorkeeper to close or the Chamber to prohibit Members lock the doors,(16) issued such an from leaving until a quorum was order during the progress of reached. The current provision, quorum calls.(17) Rule XV clause 2(b), as amended The reading of the Journal was ( ) in 1972, 12 states that on a call of interrupted by 33 calls of the the House, ‘‘the doors shall not be closed except when so ordered by 13. 114 CONG. REC. 30217, 90th Cong. the Speaker.’’ It is within the 2d Sess., Oct. 9, 1968 (Calendar Chair’s discretion whether the Day). doors are to be closed. 14. 114 CONG. REC. 30089, 30090, 90th Cong. 2d Sess., Oct. 8, 1968. An unusual illustration of the 15. 114 CONG. REC. 30090, 90th Cong. application of the rules relating to 2d Sess., Oct. 8, 1968. calls of the House occurred on 16. See § 6.2, infra. See also § 6.1, infra, Oct. 8, 1968. On that day, the in which Speaker Sam Rayburn House was scheduled to debate (Tex.), while stating that the Speak- er has authority to order the doors 11. William Proxmire (Wis.). closed, said he would not order doors 12. H. Res. 1123, 92d Cong. 2d Sess., locked unless so directed by the Oct. 13, 1972, 118 CONG. REC. House. 36012. 17. See § 6.3, infra.

3566