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Hall of the House, and they shall report their names to the Clerk to be entered upon the Journal as present.-Rule XV, clause 2.
Pending proceedings under a call of the House, the House may order the roll call to be repeated to ascertain which of the Members are then absent; and it is in order to direct the Sergeant-at-Arms to take into custody Members who have absented themselves since the first call of the roll.—Journal, 2, 52, p. 106.
It is competent for a quorum as well as for a minority of the House to compel the attendance of absent members, notwithstanding the language of clause 2 of Rule XV. The majority of the House has a right, under the Constitution, to transact business, and it has the right to compel the attendance of absent Members. The expression that less than a majority can send for absent Members does not exclude the right of a majority to transact business and to require the attendance of all Members of the House in order to do so.-Journal, 1, 52, p. 166.
An adjournment terminates proceedings under a call of the House unless otherwise ordered by the House. The House may, however, by resolution, continue in force beyond an adjournment the orier that the Sergeant-at-Arms take into custody and bring to the bar absent Members, and may make such order returnable to a day subsequent to the day of ad. journment.—Journal, 1, 30, pp. 1034, 1035; (also Speaker Crisp, Journal, 1, 52, pp. 166, 167).
Absent Members taken into custody after adjournment, under such order so continued in force, have the same status, and are subject to the same restrictions, as if they had been taken and brought to the bar before the adjournment.-Jour. nal, 1, 52, p. 167.
When a motion is made to discharge from custody several Members at the same time, the Members thus in custody are not entitled to vote on the question; but when several Mem. bers are present in custody under the same order and a motion is made to discharge one, it is competent for the other Members in custody to vote on the question.-Ibid., pp. 167–168.
It is competent for the House, if it so elect, to discharge from custody and to excuse several members at the same time by a single resolution or order.-Journal, 1, 52, p. 168.
A motion to revoke leave of absence previously granted is in order pending a call of the House, and may be determined by less than a quorum, being a proceeding to compel the attendance of absent Members.—Journal, 1, 48, p. 621; 1, 50, p. 1571.
The failure of a quorum being disclosed, a resolution directing the Sergeant-at-Arms to enforce the provisions of section 40 of the Revised Statutes, relative to deduction from compen. sation of Members on account of absence, was held not in order as a proceeding to compel attendance of absent Members.Congressional Record, 1, 51, p. 9922.
Leave of absence can not be granted by the House when less than a quorum is present.—Record, 2, 50, p. 512.
Whenever a Committee of the Whole House finds itself without a quorum, the chairman shall cause the roll to be called, and thereupon the committee shall rise, and the chairman shall report the names of the absentees to the House, which shall be entered on the Journal; but if on such call a quorum shall appear, the committee shall thereupon resume its sitting without further order of the House.—Rule XXIII, clause 2.
Upon such roll call the names of Members not responding are not called a second time, as in the case of a yea-and-nay vote. When the absence of a quorum is disclosed in a Committee of the Whole, there is but one motion in order, namely, to rise. If this motion be not made, the roll of the Members must be called without further order.
(See Call of the House.)
ACCOUNTS, COMMITTEE ON.
This committee is authorized to report at any time on all matters of expenditure of the contingent fund of the House.Rule II, clause 51. Such reports are therefore privileged reports.
See Committees; Privileged Questions.
A resolution reported from the Committee on Accounts for the payment of money out of the contingent fund of the House is subject to the point of order that its first consideration must be in Committee of the Whole.—Journal, 2, 52, p. 126.
ACCOUNT FOR PAY AND MILEAGE.
ACTS AND ADDRESSES.
Acts and addresses shall be signed by the Speaker.-Rule 1, clause 4.
ADHERE, MOTION TO.
The questions respecting amendments from the Senateare, first to agree; second, disagree; third, recede; fourth, insist; fifth, adhere-Manual, p. 164—and take precedence in that order.—Journals, 1, 23, p. 229; 1, 34, pp. 1516 to 1518.
A conference may take place after a vote of adherence by one House.—Journals, 1, 3, pp. 281, 283; 2, 3, p. 254; 1, 34, pp. 1600, 1602; 1, 35, pp. 604, 615, 620; Senate Journal, January 20, 1834 ; Manual, p. 177.
(See Amendments between the two Houses; and Conference Committee.)
A motion to fix the day to which the House shall adjourn, a motion to adjourn, and to take a recess, shall always be in order.-Rule XVI, clause 5.
The reason for the precedence given to the motion to fix the day over the motion to adjourn is, that before the House adjourns it is proper to fix the day to which it shall adjourn. But when less than a quorum is present no motion can be entertained, except to adjourn or for a call of the House.Journal, 1, 29, p. 356; Const., 1, 5, 8.—Consequently, at such a time the motion to adjourn would take precedence of the motion to fix the day, a quorum being required to act on the latter motion.
When less than a quorum is present, no motion can be entertained except to adjourn or for a call of the House. Journal, 1, 29, p. 356; See Const., 1, 5, 1, 5.
When a question is under debate no motion shall be received but to fix the day to which the House shall adjourn, to adjourn, to take a recess, to lay on the table, for the previous question (which motions shall be decided without debate).Rule XVI, clause 4.
A motion for adjournment can not be made by one Member while another is speaking.- Manual, p. 136.
A Member speaking may yield for a motion to adjourn or that the committee rise, without losing his right to the floor when the subject is resumed.
The motion can not be received after another question is actually put and while the House is actually engaged in voting:Manual, p. 148.
A conference report may be presented pending a motion to adjourn or to fix the day to which the House shall adjourn, and its consideration having been entered upon takes precedence over the motion to fix day.-Congressional Record, 2, 50, p. 678.
A conference report may be presented pending a motion to adjourn-Journal, 1, 51, p. 822-provided that the absence of a quorum has not been disclosed; in which event no business could be transacted.
It was held in the 47th Congress that a motion to adjourn might be entertained after the House votes to resolve into Committee of the Whole, if made before the Speaker leaves the chair.—Journal, 1, 47, p. 609. It was likewise held in the 48th that the motion to fix the day to which the House shall adjourn might be entertained after the decision to resolve into Committee of the Whole.- Journal, 2, 48, pp. 208–210. Subsequently it was held not to be in order for the Speaker, after the House votes to resolve into Committee of the Whole, to entertain a motion to adjourn or to fix the day to which the House shall adjourn, the effect of the vote being ipso facto to resolve the House into committee-Congressional Record, 2, 49, p. 917—and this has since been the practice. For the same reason, if the point were made, it would not be in order to entertain a motion to reconsider the vote by which the House resolved into committee.
A motion to reconsider the vote by which the House refuses to adjourn is not in order.-Journal, 2, 15, p. 139.
A motion to fix the hour to which the House shall adjourn is not a privileged motion.
A motion to adjourn can not be amended, as by adding "to 6913—16
a particular day," but must be simply “that this House do now adjourn;" and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolution 6 that at its rising it will adjourn to a particular day," and then the House is adjourned to that day.- Manual, p. 183.
A motion to adjourn may be repeated, although no question has been put or decided since the former motion.—Journal, 1, 23, p. 651—but there must have been some intervening business.—Ibid., 1, 31, 1092.
Pending a motion to suspend the rules, a motion to adjourn having been voted down and no quorum voting to second the former motion, a motion to adjourn is again in order though no other business has intervened.-Mr. McCreary, Speaker pro tempore, Journal, 2,50, p. 103.
A vote of the House on a motion for a call of the House, on a motion for recess, or other proposition, is such intervening business as will authorize the repetition of the motion to adjourn.
A motion to fix a day to which the House shall adjourn having been rejected, that motion can not be repeated, no proceeding having taken place in the meantime except a refusal to adjourn.—Journal, 2, 48, pp. 298 and 428; Congressional Record, 1, 50, p. 2709.
A motion to fix a certain day to which the House shall adjourn which has been voted down may be renewed in the same terms on the same legislative day.-Journal, 2, 52, p. 104.
The refusal of the House to agree to a motion to fix the day to which the House shall adjourn constitutes business in a parliamentary sense.—Journal, 2, 48, p. 430.
A motion to adjourn is in order before the Journal is read.Congressional Record, 2, 50, p. 677.
While ordinarily, under the rules, the motion to fix day has precedence over the motion to adjourn, it was held that the motion to fix the day, being business in a parliamentary sense, was not in order before the Journal is read, this constituting an exception to the rule which gives such motion precedence over the motion to adjourn.--Congressional Record, 2, 50, p. 677. In the 520 Congress, however, certain privi. leged motions, which constituted business, were held to be in