Second, by division (on which those in favor and those opposed to the proposition successively rise and are counted by the Speaker).

Third, by tellers (which is the equivalent of the division in Parliament); and

Fourth, by yeas and nays.

Upon a sufficient demand each of the four methods may be successively resorted to upon any question.

The Speaker shall put questions in this form, to wit: "As many as are in favor (as the question may be) say Ay;" and after the affirmative voice is expressed, "As many as are op posed say No;" if he doubts, or a division is called for, the House shall divide; those in the affirmative of the question shall first rise from their seats, and then those in the negative; if he still doubts, or a count is required by at least one-fifth of a quorum, he shall name one from each side of the question, to tell the members in the affirmative and negative; which being reported, he shall rise and state the decision.-Rule I, clause 5.

The requisite number, however, failing to support a demand for the superior method, it is then too late to demand the inferior, provided the Speaker has stated the apparent result. If the Speaker has not announced what seems to be the result, or if the vote has not been completely taken by the inferior method, such as by the sound or by a division, he may again take the vote in one of those modes, notwithstanding the yeas and nays and tellers have been refused.

What might be called the fifth method of voting is where the Speaker announces that without objection an order will be made, or resolution agreed to; there being none, the proposition is as completely carried as if the vote were formally taken.

After a vote taken upon a division tellers were demanded and refused. Held that it was then too late to make the point of no quorum.-Speaker Crisp, Journal, 2, 52, p. 53.

A vote having been taken upon a division and the yeas and nays having been demanded and refused, it was held that the right to make the point of no quorum voting was thereby waived.-Journal, 2, 52, p. 58, 1, 53, p. 30.

There is also a provision in the Rules (XL) for a vote by ballot, but such method has practically become obsolete; offi

cers of the House being elected viva voce and committees being appointed by the Speaker, instead of being elected by ballot, as formerly.

Where the vote as announced by tellers shows no quorum voting and a motion to adjourn or for a call of the House is interjected and voted down, it is customary to take the vote by tellers on the original question de novo, instead of continuing the count of additional votes.-Journal, 2, 52, p. 117. Where the interruption, however, is very brief, and no confusion would thereby result, it would seem properly in the discretion of the Chair to permit the count to be continued where it was left off, instead of ordering an entire recount.

RECORD OF.

The yeas and nays of the Members of either House on any question shall, at the desire of one-fifth of those present, be entered on the Journal.-Constitution, 1, 5, 3, 5.

The number respectively voting in the affirmative and in the negative are not entered in the Journal except where the vote is taken by the yeas and nays.

A Member can not absolutely withdraw his vote without leave of the House.-Journal, 2, 53, p, 113. He may, however, change his vote before the decision of the question has been finally and conclusively pronounced by the Chair (Journal, 2, 20, pp. 357, 358); but not afterwards.

It is not competent for a Member to have the Journal amended so as to have the record of his vote changed upon a representation that such vote, though recorded as given, was given under a misapprehension.-Journals, 2, 8, p. 167; 2, 27, P. 263.

Where by an error of the Clerk in reporting the vote by yeas and nays the Speaker announces a result different from that shown by the roll, the status of the question must be determined from the vote as actually recorded.-Congressional Record, 1, 49, p. 7546. If, however, by reason of such error the Speaker announces that the House decides to adjourn, and the House does in fact accordingly disperse and adjourn, although the vote as actually recorded shows a refusal to adjourn, the session of the House when it next meets will be

considered not a continuation of the preceding session but as of a new legislative day.-Congressional Record, 2, 49, p. 311. After the roll has been once called the Clerk shall call in their alphabetical order the names of those not voting, and thereafter the Speaker shall not entertain a request to record a vote.-Rule XV, clause 1.

Although it is out of order, according to Rule XV, clause 1, to entertain a request to record a vote after the second roll call, the practice for many years has been where a Member states that he was in his seat listening and failed to hear his name, to permit his vote to be recorded if no objection is made thereto. (See case of Mr. Meyer and Mr. Huff.)-Journal, 1, 52, p. 115.

Objection was made to recording the vote of a Member as taken down by the Clerk; it being asserted on the one part that he was not in the Hall during the roll call or when his name was called, and on the other that he was present during a portion of the roll call. The Speaker held that in the absence of the gentleman whose vote was in dispute, the vote as recorded by the Clerk must stand.-Journal, 1, 52, p. 115.

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 Members 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 general right to vote.-Journal, p. 72.

53,

It is not competent for the Speaker to direct the name of a Member who has voted to be stricken from the roll of those voting. If a Member has voted without right, it is for the House, not the Chair, to determine whether his name shall be stricken from the roll.-Journal, 1, 52, p. 168.

(See Tellers; Yeas and Nays.)

EXCUSE FROM VOTING.

Every Member shall be present within the Hall of the House during its sittings, unless excused or necessarily prevented,

and shall vote on each question put unless, on motion made before division or the commencement of the roll call and decided without debate, he shall be excused, or unless he has a direct personal or pecuniary interest in the event of such question; and on a roll call, should he not vote, he shall answer "present."-Rule VIII, clause 1. (As amended April 17, 1894.)

The right to move that a Member be excused from voting does not apply to votes on motions to adjourn, to fix the day, or for a call of the House, since the exercise of the power of the House might be absolutely defeated by repetitions of the motion to excuse.-Cong. Globe, 1, 31, p. 376; Journals, 1, 31, p. 1538; 1, 33, pp. 757, 765, 854, 1213; 1, 35, p. 866; Cong. Globe, 1,39, p. 945. Also Speaker Carlisle, Congressional Record, 1, 50, pp. 2710, 2711, pending consideration of the "direct-tax" bill.

WAR CLAIMS, COMMITTEE ON.

(See Committees; Claims; Private Bills.)

WARRANTS, WRITS, ETC.

He (the Speaker) shall sign all acts, addresses, joint resolutions, writs, warrants, and subpoenas of, or issued by order of, the House.-Rule I, clause 4.

The Clerk shall attest and fix the seal of the House to all writs, warrants, and subpoenas issued by order of the House.Rule III, clause 3.

The Sergeant-at-Arms shall execute the commands of the House, and all processes issued by authority thereof directed to him by the Speaker.-Rule IV, clause 1.

The form of the motion for a warrant for absent members is as follows:

"That the Sergeant-at-Arms take into custody and bring to the bar of the House such of its members as are absent without leave."

This being a command of the House, an order and not a resolution is the appropriate proceeding.

(See Call of the House.)

WAYS AND MEANS, COMMITTEE ON.

This committee has leave to report at any time bills raising

revenue.

The right to report at any time bills raising revenue pertains only to the Committee on Ways and Means.-Journal, 1, 49, p.

2293.

(See Committees and Revenue Bills.)

WEST POINT.

(See Military Academy.)

WITHDRAWAL OF MOTIONS.

A motion may be withdrawn at any time before a decision or amendment (Rule XVI, clause 2), but not after the previous question is ordered. It may, however, be withdrawn while the House is dividing on a demand for the previous question (Journal, 2, 29, p. 241); and all incidental questions fall with such withdrawal.-Journal, 1, 26, p. 57.

Motions withdrawn the day on which they are made are not required to be entered on the Journal. (See Rule XVI, clause 1.)

The motion to reconsider can not be withdrawn after the House has voted down a motion to lay the same on the table, such action being held to be a decision on the motion.-Journal, 2, 46, p. 814.

A motion in behalf of a committee to suspend the rules and pass a bill having been submitted but not seconded, and being undisposed of when the House adjourned, the same committee was permitted, when suspension of the rules was next in order, to withdraw the previous motion and in its stead to move to suspend the rules and pass another measure.-Congressional Record, 2, 51, p. 487.

It is not in order, except by unanimous consent, to withdraw an amendment proposed to a bill and pending when the previous question is ordered or becomes operative by virtue of a previous order of the House.-Congressional Record, 1, 51, p.

4061.

A motion can not be withdrawn after the yeas and nays have been ordered on agreeing to it.-Journal, 2, 53, p. 324.

An appeal can not be withdrawn after the yeas and nays have been ordered on a motion to lay such appeal on the table.-Congressional Record, 1, 51, p. 6353.

(See Motions.)