Previous to the Fifty-first Congress the record of the vote on the roll call upon a demand for the yeas and nays had invariably been held conclusive of the question of quorum; and if a quorum was not disclosed as voting no business could be transacted until a quorum appeared of record, the pending question meanwhile remaining statu quo.

On the 29th of January, 1890, upon the roll call of the yeas and nays failing to disclose a quorum, the Speaker, Mr. Reed, stated that certain other Members, naming them, were present who had not voted, and directed that their names be entered on the Journal as present, and held that they should be counted as constituting with the Members who had voted a quorum of the House, and that the question voted on was carried in the affirmative.-Cong. Record, 1, 51, 949–951.

This decision of Speaker Reed was made before the adoption of new rules by that House, and was conceded to be without precedent in either House of Congress.

From this ruling an appeal was taken and debated for two days, but no vote was ever taken in the House on sustaining the decision of the Chair. A motion to lay the appeal on the table was, however, declared carried on a vote by yeas and nays, a quorum not voting, but being supplemented in the same manner as was done in the ruling appealed from.-Cong. Record, 1, 51, p. 994.

[See remarks of Mr. Crisp, Mr. Carlisle, Mr. Cannon, Mr. McKinley, Mr. Turner of Georgia, and Mr. Butterworth upon the appeal from the Speaker's decision.-Cong. Record, 1, 51, pp. 949-960, 980-993.]

The rules afterwards adopted by the Fifty-first Congress authorized the Speaker to cause to be entered on the Journal the names of those present and not voting and permitted such Members to be counted in determining the question of quorum; and in United States v. Ballin (146 U. S. Sup. Ct. Rep., page 1) the Supreme Court decide that this rule is a constitutional mode of ascertaining the presence of a quorum.

In the present Congress the precedent of the Fifty-first Congress in the matter of counting those not voting on a roll call in determining a quorum has in no instance been followed. But the practice and construction respecting the conclusive

ness of the vote by yeas and nays prevailing in the first fifty Congresses have been invariably observed in the Fifty-second.

The rules of the Fifty second Congress, as reported from the Committee on Rules, omitted the provision of the Rules of the Fifty-first Congress which authorized the counting by the Speaker of Members not voting; and a motion to insert a provision for counting a quorum, similar to that of the Fifty-first Congress, was rejected without division.-Journal, 1, 52, p. 57. (See debate on Rules, Cong. Record, February 2 and 3, 1892.)

READING OF PAPERS.

"Where papers are laid before the House, or referred to a committee, every Member has a right to have them once read at the table before he can be compelled to vote on them" (Manual, p. 146), and this applies to the reading of papers on a motion to refer them.-Journal, 1, 34, p. 1146. And so, in regard to any proposition submitted for a vote of the House; but it being a right derived from the rules, he may at any time (when a motion to suspend the rules is in order) be deprived of it by a suspension of the rules.-Journals, 1, 32, p. 1116; 3, 34, p. 618; 2, 35, p. 572; 2, 38, pp. 397, 398.

The reading of a report relating to a pending proposition can not be called for after the previous question is seconded, as it would be in the nature of debate.-Journal, 1, 23, p. 726. If there had been no debate before the previous question was ordered, the report might, of course, be read in the thirty minutes allowed by Rule XVII.

When the reading of a paper other than one upon which the House is called to give a final vote is demanded, and the same is objected to by any Member, it shall be determined without debate by a vote of the House.-Rule XXXI.

[The rule above recited is not construed to apply to the single reading of a paper or proposition upon which the House may be called upon to give a vote, or to the several regular readings of a bill, but to cases where a paper has been once read, or a bill has received its regular reading and another is called for, and also where a Member desires the reading of a paper having relation to the subject before the House.]

It is not in order to demand the reading of the engrossed bill at length upon presentation of a conference report.-Journal, 1, 44, p. 1423.

A bill having been read twice and ordered to be engrossed, and having been read (pursuant to the rule, by its title) a third time, and the yeas and nays having been ordered on the question of its passage, it is too late to demand the reading at length of the engrossed bill.-Journal, 1, 52, p. 225.

Upon a motion to recommit a report the reading of the testimony upon which it is based can not be demanded as of right.-Journal, 2, 50, p. 571.

A Member having leave to make a personal explanation proceeds to read or have read a paper, when the point is made that the paper is disrespectful to the House and its reading should, therefore, not be continued. Held, that it is the privilege of the Member to read or have read the paper as a part of his remarks, but a point or order may be made against it as the reading proceeds, whereupon the House may determine whether the paper is in order.-Congressional Record, 1, 49, pp. 8031, 8032.

RECALL OF A BILL.

If by mistake or inadvertence a bill has been improperly or prematurely sent to the other House or to the President, or if there has been an error in its engrossment or enrollment, or if after its transmission the vote by which it passed has been reconsidered, it is usual to recall-i. e., request the return of-the bill.

A resolution requesting the return of the bill in such case presents a question of high privilege, involving as it does the integrity of the proceedings of the House, and is within both the letter and spirit of the rule.

RECEDE, MOTION TO.

The motion to recede takes precedence of the motion to insist and of the motion to adhere.-See Manual, p. 164. And even though the previous question may be pending on either of the last motions, the motion to recede may be entertained, because if it prevails the disagreement between the Houses is removed and the bill is passed. A vote to recede from a dis

agreement to an amendment is not equivalent to an agreement (Journal, 1, 20, pp. 695, 697), but in making a motion that the House recede from its disagreement to an amendment, there should be coupled with it and that the House agree to the same; or the House may recede and agree to the amendment with an amendment thereto, the latter motion taking precedence of the motion to recede and agree.

(See amendments between the two Houses, Conference Committees.)

In the case of disagreeing votes between the Houses, the House may either recede, insist and ask a conference, or adhere, and motions for such purposes take precedence in that order. (See Manual, pp. 164, 174; Journal, 1, 23, p. 229; 1, 34, pp. 1516, 1518.)

Even though the previous question may be pending on a motion to insist or to adhere, a motion to recede, which removes the disagreement between the Houses and passes the bill, may be made, but is not debatable.

RECESS.

It is not in order for less than a quorum to take a recess (Journals, 1, 29, p. 356; 3, 32, p. 388) nor pending a call of the House can a recess be taken except by unanimous consent.Ibid., 1, 26, p. 813; 1, 48, p. 618.

In the Forty-eighth Congress it was held to be in order to move a recess in the absence of a quorum, a quorum being, of course, required to vote on such motion.-Congressional Record, 1, 48, p. 1217. It was subsequently held that a recess can not be taken, even by unanimous consent, where the record discloses the absence of a quorum.-Journal, 2, 52, p. 105.

When the hour previously fixed for taking a recess arrives, it is the duty of the Chair (unless the yeas and nays are being taken) to announce the House to be in recess until the hour previously fixed.-Journal, 1, 48, pp. 1117, 1118.

Where the rule (or order of the House) fixes an hour for taking a recess, it is not necessary that a quorum should be present at the hour so fixed.-Journal 1, 51, pp. 915, 916.

It has been held not in order to take a recess until an hour

subsequent to the hour of the next daily meeting of the House, however short the period might be.

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;

which motions shall be decided without debate," and shall have precedence in the foregoing order.-Rule XVI, clause 4.

A motion to fix the day to which the House shall adjourn, to adjourn, and to take a recess, shall always be in order.-Rule XVI, clause 5.

A motion for a recess may be entertained before the journal is read.-Journal 2, 52, p. 98.

Friday having been substituted, by a special order of the House, as a day for motions to suspend the rules, in lieu of the preceding Monday, it was decided by the House that the rule for a recess (on Fridays) at 5 p. m. for an evening session was thereby vacated for the day.-Journal, 1, 52, p. 277.

The House having at an evening session, which was set apart for the consideration of a certain class of business, taken a recess until the following day, it was held that the session after the recess was not a continuation of the evening session, and was not to be devoted to the business for which the evening session was set apart.-Journal, 2, 48, p. 557.

A motion to reconsider the vote by which the House refuses to take a recess is not in order.—Mr. O'Neil, of Massachusetts, Speaker pro tempore, Journal, 2, 52, p. 59. Upon appeal this decision was sustained-yeas 208, nays 6.

Pending a motion for a recess and before the question is submitted to the House, the hour to which the recess is proposed to be taken arrives. Held, that the vote must still be taken on the motion.-Mr. Hatch, Speaker pro tempore, Journal 2, 50, p. 195.

On days when suspension of the rules is in order a motion to suspend the rules is in order pending a motion for a recess.―Journal, 2, 42, p. 1099.

(See Motions; Privileged Questions.)