11. CAN NOT COMPEL ATTENDANCE OF ABSENT SENATORS, NO QUORUM BEING PRESENT, IN ABSENCE OF A RULE.

42d Cong., 2d sess.; J., pp. 581, 582.]

APRIL 20, 1872.

During consideration of the bill to repeal duties on sugar and coffee, Mr. Howe submitted a motion that the Sergeant-at-Arms be directed to compel the attendance of such number of absent Senators as would make a quorum of the Senate.

Mr. Pomeroy here made a point of order, viz, that the Senate having made no provision in its rules for compelling the attendance of absent Senators, which could be made only by a quorum of the body, it was not in the power of a minority of the Senate by adopting the proposed order to change the existing rule on the subject, and that the motion of Mr. Howe was therefore not in order.

The Presiding Officer (Mr. Ferry, of Michigan, in the chair) sustained the point or order, and ruled the motion of Mr. Howe not in order.

In the absence of a quorum the Senators present may request, but can not compel, the attendance of absent Senators. (See Cong. Globe, pp. 2627, 2629.) 43d Cong., 2d sess.; J., p. 341.] FEBRUARY 24, 1875.

A motion to direct the Sergeant-at-Arms to send for absent Senators ruled by Chair (Mr. Ferry) not debatable; appeal taken; yeas 25, nays 3. Chair sustained, but no quorum. (See Cong. Record, pp. 1692, 1693.)

12. MAY COMPEL ATTENDANCE OF ABSENT SENATORS, ETC. 51st Cong., 2d sess.; J., p. 88.]

JANUARY 21, 1891.

Mr. Gray raised a question of order that it was not within the competency of the Senate, no quorum being present, under its present rules, to order the Sergeant-at-Arms to take all necessary means to compel the attendance of absent Senators.

The Presiding Officer (Mr. Blair) overruled the question of order as being made too late, that it was not within the competency of the Senate, no quorum being present, under its present rules, to order the Sergeant-at-Arms of the Senate to take all necessary means to compel the attendance of absent Senators. An appeal from this decision was laid on the table; yeas 29, nays 7. No quorum voting. (See Cong. Record, p. 1626.)

13. WHILE REQUESTING A SENATOR TO ASSIGN REASONS FOR NOT VOTING, NO QUORUM BEING PRESENT, NOT IN ORDER TO ADJOURN.

46th Cong., 1st sess.; J., p. 229.]

JUNE 18, 1879.

The Senate having under consideration the bill (H. R. 2175) making appropriations for the support of the Army, a vote having been taken on a motion to adjourn (the number of Senators voting not constituting a quorum), before the announcement of the result of the vote Mr. Eaton called attention to the fact that there were Senators present in the Chamber and not voting, and named "Mr. Blaine," and asked that he be required to assign his reasons therefor.

Mr. Conkling raised the question of order that, as on the previous vote no quorum had voted, no motion was in order except a motion to adjourn. The

Presiding Officer having overruled the question of order, from the decision of the Chair Mr. Conkling appealed to the Senate. On motion by Mr. Whyte that the appeal lie on the table, the yeas were 26 and the nays 0. (See Cong. Record, p. 2127.)

14. MAY NOT RECONSIDER A VOTE IN ABSENCE OF. 51st Cong., 2d sess.; J., p. 88.]

JANUARY 21, 1891.

The Presiding Officer (Mr. Blair in the chair) decided a motion was not in order, in the absence of a quorum, to reconsider a vote directing the Sergeant-at-Arms to compel the attendance of absent Senators. Decision sustained on appeal; yeas 23, nays 5. (See Cong. Record, p. 1625.)

15. MAY NOT RAISE A POINT OF ORDER, NO QUORUM BEING PRESENT, PENDING EXECUTION OF ORDER TO COMPEL ATTENDANCE OF ABSENT SENATORS.

The Presiding Officer declined to entertain a question of order pending the execution of the order to compel attendance of absent Senators, and in the absence of a quorum, on ground no debate nor motion except to adjourn, was in order. (Same date; J., p. 88; Cong. Record, p. 1626.)

16. LESS THAN A, MAY TAKE A RECESS.

38th Cong., 1st sess.]

APRIL 18, 1864.

Vice-President Hamlin said: "The impression of the Chair is that a less number than a quorum can take a recess." (See Cong. Globe, p. 1690.)

17. LESS THAN A, CAN NOT TAKE A RECESS.

49th Cong., 1st sess.; J., p. 1288.]

AUGUST 5, 1886.

The President pro tempore (Mr. Sherman) decided that less than a quorum could not take a recess. (See Cong. Record, p. 8022.)

18. MESSAGES FROM THE PRESIDENT OR HOUSE OF REPRESENTATIVES MAY BE RECEIVED, NO QUORUM BEING PRESENT.

49th Cong., 1st sess.; J., pp. 1288, 1289, 1292.]

AUGUST 5, 1886.

It was decided that less than a quorum could receive a message from the President of the United States, because the rules do not exclude a message from the House of Representatives or the President in absence of a quorum.

An appeal was taken, but because of a want of a quorum, it was not entertained by the President pro tempore.

Same points, decided same way.

For same reason a message from the House of Representatives was received. (See Cong. Record, pp. 8022, 8023.)

19. CALLING OF THE ROLL TO ASCERTAIN IF A, IS PRESENT AT THE OPENING SESSIONS OF EACH CONGRESS.

The roll was not formally called at the beginning of sessions of Congress, to ascertain if a quorum was present, from the organization of the Senate until

the second session of the Eighteenth Congress, when it was called and a quorum was found to be present. This practice was continued at the beginning of the sessions of the Nineteenth, Twentieth, and Twenty-first Congresses. The roll was not called for the five succeeding Congresses. On May 31, 1841, the first session of the Twenty-seventh Congress, the Senate was called to order, when Mr. Mangum moved that the Secretary “call over the names of the Senators,” so that it might be ascertained whether a quorum was present. Mr. King said that the usual mode of proceeding was for the presiding officer to direct the Sergeant-at-Arms to ascertain whether a quorum was present. The suggestion of Mr. King being acquiesced in, the Sergeant-at-Arms reported that a quorum was present. The above practice was no doubt continued through many succeeding Congresses.

At the beginning of the second session of the Fifty-third Congress, December 4. 1893, Mr. Sherman asked that the roll be called to ascertain if a quorum was present. Since that date, with one exception (Dec. 2, 1895, 54th Cong., 1st sess.), the roll has been called at the beginning of each regular and extraordinary session, but omitted at the beginning of sessions of the Senate specially called to meet on March 4, immediately preceding each inauguration of the President of the United States.

RECESS.

1. Frequently ordered.

2. While the Senate is dividing a motion for a, is not in order.

3. Less than a quorum may take a.

4. Decided that less than a quorum can not take a.

1. FREQUENTLY ORDERED.

22d Cong., 2d sess.; J., p. 175.]

FEBRUARY 13,

"It was agreed that the Senate take a recess from 3 to 5 o'clock for the remainder of the session."

42d Cong., 3d sess.; J., p. 375.]

FEBRUARY 15,

On motion of Mr. Anthony that the Senate resume consideration of lution submitted by him on yesterday, viz:

Resolved, That during the present session it shall be in order at to move to take a recess, and, pending an appropriation bill, to move t debate on amendments thereto to five minutes by any Senator on the motion, and such motion shall be decided without debate; and no am to any such bill making legislative provisions, other than such as direct to the appropriations contained in the bill, shall be received; and no order shall be made during this session;" it was determined in the affi (See Cong. Globe, p. 1376.)

Same date (p. 376) agreed to without amendment; yeas 36, nays 20 Cong. Globe, p. 1383.)

NOTE. Under the foregoing resolution questions of order were raised on ame proposed to appropriations bills, and some were rejected and others received. a recess are numerous in the proceedings of the Senate.

2. WHILE THE SENATE IS DIVIDING A MOTION FOR A, IS N ORDER.

44th Cong., 1st sess.; J., pp. 816, 817.]

AUGUST 10, 18

Mr. Ferry, President pro tempore, decided that while the Senate was di on a motion to proceed to the consideration of executive business, a mot take a recess was not in order. (See Cong. Record, p. 5418.)

3. LESS THAN A QUORUM MAY TAKE A.

38th Cong., 1st sess.]

APRIL 18, 180

On the question of a recess Vice-President Hamlin said: "The impressi the Chair is that a less number than a quorum can take a recess." (See Globe, p. 1690.)

4. DECIDED THAT LESS THAN A QUORUM CAN NOT TAKE A. 49th Cong., 1st sess.; J., p. 1288.] AUGUST 5, 188

The President pro tempore (Mr. Sherman) decided that less than a quo

RECONSIDERATION.

1. May not reconsider, where paper subject of, has passed from the Senate. 2. Senator voting in the minority may make motion for.

3. It is in order to debate motion to proceed to the consideration of motion to reconsider vote on postponing a bill.

4. Motion for a, may be entered as privileged.

5. Only one, except by unanimous consent.

6. Motion for, can be laid on the table without carrying the bill or resolution with it.

7. Motion for a, being entered, holds bill until disposed of.

8. May lay on table question of granting leave to withdraw motion for. 9. Motion for, can be taken up same day.

10. Motion for, agreed to, brings the subject directly before the Senate.

11. Motion for, can not be made in absence of a quorum.

12. Any Senator can move a, where there was no vote by yeas and nays. 13. Motion for, debatable.

14. May hold bill two days to give time for making a motion for.

1. MAY NOT RECONSIDER, WHERE PAPER SUBJECT OF, HAS PASSED FROM THE SENATE.

21st Cong., 1st sess.; J., p. 450.]

APRIL 14, 1830.

A motion was made by Mr. Forsyth to reconsider the vote of the 12th instant, on the question to advise and consent to the appointment of Isaac Hill, as Second Comptroller of the Treasury, whereupon,

The Vice-President submitted, for the determination of the Senate, whether the motion was in order; inasmuch as the resolution, announcing the decision of the Senate on the nomination of Isaac Hill, had been communicated to the President. And it was unanimously determined that the motion was not in order.

2. SENATOR VOTING IN THE MINORITY MAY MAKE MOTION FOR. 34th Cong., 1st sess.; pp. 563, 564.] AUGUST 11, 1856.

The legislative, executive, and judicial appropriation bill being under consideration and reported to the Senate.

Mr. Weller submitted an amendment: for compensation of the judge of the district court for the southern district of California, $4,500, and it was disagreed to on a tie vote, 17 to 17.

On motion by Mr. Reid, who voted in the negative, to reconsider the vote just taken:

The question was submitted to the Senate by the President pro tempore (Mr. Bright) whether it was competent for Mr. Reid to move the reconsideration,