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A member having failed to answer on a call of the House, but subsequently answering to a roll call during proceedings under the call, is lield to lave voluntarily appeared, and his name should not be embraced in a warrant for the arrest of absent members.—Journal, 2, 53, p. 180.
Pending the call of absentees for excuses, a motion to adjourn is in order.—Journal, 2, 53, p. 69.
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 or.ier 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 adjournment.-Journal, 1, 30, pp. 1034, 1035; (also Speaker Crisp, Journal, 1, 52, pp. 166, 167).
When the order of arrest is continued in force beyond an adjournment the business of the House is not thereby suspended, but, if a quorum be present, may proceed as usual on the succeeding day while the order is being executed.—Journal, 2, 53, p. 149.
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.-Journal, 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.
Members present in custody of the Sergeant-at-Arms can not be deprived of their right to vote.—Journal, 2, 53, p. 72.
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 and at the same time dispense with further proceedings under the call, having been first submitted, was held to take precedence of an independent motion to dispense with further proceedings under the call.— Mr. McMillin, Speaker pro tempore; Journal, 2, 53, p. 330.
A resolution directing the Sergeant-at-Arms to bring to the bar of the House Members absent without leave, and at the same time revoking leave of absence, was held to be in order during a call of the House.—Journal, 2, 53, pp. 285, 286.
During a call of the House a motion to revoke all leave of absence was held to take precedence of the question on reconsidering the action of the House just taken on a proposition to excuse a member.—Mr. Richardson, of Tennessee, Speaker pro tempore; Journal, 2, 53, p. 328.
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 secure the attendance of absent Members.—Journal, 1, 48, p. 621; 1,50, p. 1571; 2, 53, p. 141.
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 compensation 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.
The question arising whether section 40 of the Revised Statutes bad been repealed, it was held to be still in force.—Journal,
2, 53, pp. 358, 359; Congressional Record, 2, 53, p. 5051. (See also remarks of Mr. Culberson, ibid., pp. 5047, 5048).
Leave of absence can not be granted by the House when less than a quorum is present.—Record, 2, 50, p. 512; Journal, 2, 53, pp. 327, 328. But less than a quorum may excuse a Member who fails to answer on a call.—Journal, 2, 53, p. 328.
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, the roll of the Members must be called without further order and the absentees reported to the House. (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 ('ommittees; 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 I, clause 1.
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. 1516-1518.
A conference may take place after a vote of adherence by one House.—Journals, 1, 3, pp. 281, 283; 2, 3, p. 254; 1, 31, pp. 1600, 1602; 1, 35, pp. 601, 615, 620; Senate Journal, January 20, 1834 ; Manual, p. 177.
(See Amendments between the two Houses; and Conference Committee.)
ADJOURNMENT. 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 XV1, 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, 1,5.—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.
The failure of a quorum being disclosed and a motion to adjourn being thereupon made, it is not in order, pending the latter motion, to entertain a motion to fix a day to which the House shall adjourn.—Journal, 2, 53, p. 188.
No quorum appearing, a motion to adjourn is submitted; whereupon the yeas and nays being taken a quorum appears and the question is decided in the affirmative; but before the result is announced a motion is made to fix the day to which the House shall adjourn: Held, That the latter motion can not be entertained, for while the result discloses a quorum present it also shows that the House has decided to adjouru.—Journal, 2, 53, p. 188.
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.
Pending the call of absentees for excuses, a motion to adjourn is in order.—Journal, 2, 53, p. 69.
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.