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with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each House, respectively. If any bill shall not be returned by the President within ten days (Sunday excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.-Const., 1, 7, 2, 6.
Every order, resolution, or vote to which.the concurrence of. the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.—Const., 1, 7, 3, 6..
Whenever a bill is returned to the House with the objections of the President, it is usual to have the message containing his objections immediately read (Journals, 1, 28, pp. 1081, 1084; 1, 29, pp. 1209, 1214 ; 2, 33, pp. 397, 411; 1, 31, p. 1420), and for the House to proceed to the reconsideration of the bill (Ibid.), or to postpone its consideration for a future day (Ibid., 1, 21, p. 742), but not where less than a quorum is present (Ibid., 1, 33, p. 1341; 3, 34, p. 1841). A veto message and a bill may be referred, or the message alone, and the bill may be laid on the table.—Journal, 2, 27, pp. 1253, 1254, 1256, 1257; Congressional Globe, same sess., p. 875.
It was held that the question of consideration can not be demanded against a bill returned to the House with the objec. tions of the President.-Journal, 2, 53, p.312. But if the message is received while the House is considering a question of the highest constitutional privilege, e. g., a contested-election case, the reconsideration of the vetoed bill does not necessarily interrupt the pending privileged question.-Journal, 2, 53, p. 295.
A committee to whom a vetoed bill is referred may report the same for consideration at any time.
A motion to discharge a committee from the consideration of a vetoed bill presents a question of high privilege and is in order at any time.—Congressional Record, 1, 49, p. 7699.
A motion to proceed to the consideration of a bill returned with the objections of the President presents a privileged question under the Constitution.—Congressional Globe, 2, 27, p. 905; 2, 28, p. 396; Journal, 1, 49, p. 2397.
The main question in the consideration of a vetoed bill is, 6 Will the House on reconsideration agree to pass the bill?"Journals, 2, 27, p. 1051 ; 1, 28, p. 1085; 1, 29, p. 1218.
The two-thirds” by which a vetoed bill is required to be approved before it becomes a law has been construed in both Houses to mean "two-thirds of the members present” (Journal, 1, 34, pp. 1176, 1178, 1420, and Senate Journal, 1, 34, p. 419), a bare majority constituting a quorum for such purpose as in cases of other legislation.
Whenever a bill, order, resolution, or vote is returned by the President with his objections, and on being reconsidered is agreed to be passed, and is approved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received by the Secretary of State from the President of the Senate, or Speaker of the House of Representatives, in whichsoever House it shall last have been approved, and he shall carefully preserve the originals.—Laus, 2, 43, p. 294.
(See President of the United States.)
VOTE. If any difficulty arises in point of order during the division, the Speaker is to decide peremptorily, subject to the future censure of the House if irregular.—Manual, p. 170.
In all cases of a tie vote the question shall be lost.—Rule I, clause 6.
Officers of the House are required by Rule II to be elected by a viva voce vote. METHODS OF TAKING.
There are four methods of taking a vote in the House, commencing with the inferior and ending with the highest and conclusive test, as follows:
First, by the sound.
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 opposed 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 1, 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 bethe 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 bone, 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; officers 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.
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, 143. 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, 53, p. 72.
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,