Page images
PDF
EPUB

same State, the whole name shall be called; and 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.

The following was on April 17, 1894, adopted by the House as the second clause of Rule XV:

Upon every roll call, and before the beginning thereof, the Speaker shall name two Members, one from each side of the pending question, if practicable, who shall take their places at the Clerk's desk to tell the names of at least enough Members who are in the Hall of the House during the roll call who do not respond, when added to those responding, to make a quorum. If a quorum does not respond on the roll call, then the names of those so noted as present shall be reported to the Speaker, who shall cause the list to be called from the Clerk's desk and recorded in the Journal; and in determining the presence of a quorum to do business those who voted, those who answered present, and those so reported present shall be considered. Members noted may, when their names are called, record their votes, notwithstanding the provisions of clause 1 of this rule.-Rule XV, clause 2.

Under the foregoing clause the roll is called twice, as provided in clause 1, before the tellers are required to report the names of Members present and failing to vote.-Journal, 2, 53, p. 338.

After the announcement of the result of a vote taken by the yeas and nays it is too late to insist on a recapitulation of the vote.-Journal, 1, 52, p. 115.

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. 314.

EFFECT OF order foR, OR REFUSAL TO ORDER.

Where the yeas and nays are ordered and taken on a pending proposition and no quorum appears, the order of the House for the yeas and nays remains in force until reconsidered; and should the House adjourn without disposing of such pending question, it would come up after the reading of the Journal on the following day. But if the proposition, on which the yeas and nays were ordered, was being considered on a day assigned a committee (as, for instance, the Committee on the District of Columbia), it would go over as unfinished business and be first in order when such committee again had a day.-Journal, 1, 49, pp. 1566, 1885.

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.

It is not in order to demand the question of consideration against a proposition on which the yeas and nays have been ordered, even though an adjournment has intervened.-Journal, 1, 51, p. 941.

It is not in order to repeat a demand for the yeas and nays, which has been once refused (Cong. Globe, 1, 29, p. 304; 2, 30, p. 623; Journal, 1, 33, p. 939), until such refusal is reconsidered.

The right to make the point of no quorum voting was held to be waived by a demand for and a refusal of the yeas and nays.―Journal, 2, 52, p. 58; 1, 53, p. 30.

An order of the yeas and nays (Journal, 1, 19, p. 796; 1, 30, p. 405), or a refusal of the yeas and nays (Cong. Globe, 2, 30, p. 623), may be reconsidered.

Where a motion to reconsider a vote by which the yeas and nays have been ordered prevails, the question immediately recurs on ordering the yeas and hays, when, if again ordered by one-fifth of the Members voting, a further motion to reconsider would not be in order.-Journal, 1, 45, p. 290.

(See Vote.)

[blocks in formation]
« PreviousContinue »