[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[A. Calls of the House]
[§ 6. Closing or Locking the Doors]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 3566-3579]
CHAPTER 20
Calls of the House; Quorums
A. CALLS OF THE HOUSE
Sec. 6. Closing or Locking the Doors
The rules of the House formerly provided for closing the doors to
the Chamber to prohibit Members from leaving until a quorum was
reached. The current provision, Rule XV clause 2(b), as amended in
1972,(1~2) states that on a call of the House, ``the doors
shall not be closed except when so ordered by the Speaker.'' It is
within the Chair's discretion whether the doors are to be closed.
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12. H. Res. 1123, 92d Cong. 2d Sess., Oct. 13, 1972, 118 Cong. Rec.
36012.
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An unusual illustration of the application of the rules relating to
calls of the House occurred on Oct. 8, 1968. On that day, the House was
scheduled to debate House Resolution 1315, to provide for consideration
of Senate Joint Resolution 175, a measure suspending for the 1968
campaign the equal-time requirements of section 315 of the
Communications Act of 1934, for nominees for the offices of President
and Vice President.(13) The first roll call (No. 375) took
place immediately after the prayer.(14) After completion of
this roll call, a full reading of the Journal was demanded.''
(15) Following three and one-half hours of roll call votes
and quorum calls which interrupted reading of the Journal, Speaker John
W. McCormack, of Massachusetts, after it was indicated that the Chair
had authority to order the Doorkeeper to close or lock the
doors,(16) issued such an order during the progress of
quorum calls.(~17~)
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13. 114 Cong. Rec. 30217, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar
Day).
14. 114 Cong. Rec. 30089, 30090, 90th Cong. 2d Sess., Oct. 8, 1968.
15. 114 Cong. Rec. 30090, 90th Cong. 2d Sess., Oct. 8, 1968.
16. See Sec. 6.2, infra. See also Sec. 6.1, infra, in which Speaker Sam
Rayburn (Tex.), while stating that the Speaker has authority to
order the doors closed, said he would not order doors locked
unless so directed by the House.
17. See Sec. 6.3, infra.
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The reading of the Journal was interrupted by 33 calls of the
[[Page 3567]]
House until about 5:00 a.m. on the calendar day of Oct. 9, 1968, when a
majority of Members present ordered the doors to the Chamber locked and
ordered ``those who are not present to be sent for and returned here on
the condition that they shall not be allowed to leave the Chamber until
the pending business shall have been completed.''(18) The
authority for this motion and the condition that Members be confined to
the Chamber rested on Rule XV clause 2(a),(1) which empowers
15 Members, including the Speaker:
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18. Sec. 6.5, infra.
1. See House Rules and Manual Sec. 768 (1979).
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. . . [T]o compel the attendance of absent Members; and those
for whom no sufficient excuse is made may, by order of a majority
of those present, be sent for and arrested . . . and their
attendance secured and retained; and the House shall determine upon
what condition they shall be discharged. . . .
Although neither the motion nor the rule appear on the surface to apply
to Members who were present during passage of the motion to secure
attendance, Speaker McCormack ruled that no Member could leave the
Chamber until after reading and approval of the Journal.(2)
After several parliamentary inquiries (3) and approval of
the Journal, the Speaker ordered the doors opened.(4)
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2. Sec. 6.6, infra.
3. Sec. Sec. 6.6-6.8, infra.
4. Sec. 6.11, infra. The legislative day of Oct. 8, 1968, which
commenced at noon on Oct. 8 (114 Cong. Rec. 30089, 90th Cong.
2d Sess.) and adjourned at 8:17 p.m. on the Calendar Day of
Oct. 9, 1968 (Id. at p. 30304), lasted over 32
hours. -------------------
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In General
Sec. 6.1 The Speaker stated that the Chair has authority to order the
doors closed during a call of the House, but indicated that without
further direction from the House he would not assume authority to
lock the doors and keep Members from retiring from the Chamber.
On Aug. 1, 1946,(5) Speaker Sam Rayburn, of Texas,
answered a parliamentary inquiry regarding the Chair's authority to
order doors closed.
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5. 92 Cong. Rec. 10639, 10640, 79th Cong. 2d Sess.
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Mr. [Earl C.] Michener [of Michigan]: Mr. Speaker, under the
rules of the House, when the House finds itself without a quorum
the Presiding Officer must direct the Sergeant at Arms to notify
absentees, the Doorkeeper to close the doors, and the Clerk to call
the roll. These two officials are elected by the House of
Representatives, and among their other duties they are to
[[Page 3568]]
assist the Speaker in enforcing the rules of the House.
In the present case, for instance, the Speaker determined that
a quorum was not present and directed the Sergeant at Arms to
notify the absentees. He directed the Doorkeeper to close the
doors, the Clerk called the roll, and a quorum was found present. .
. .
Pursuing my inquiry, Mr. Speaker, is not the Speaker clothed
with adequate power and can he not direct that the rules be
complied with and that all of the doors be actually locked during
the roll call, and that all of the doors to the Chamber remain
locked until the House votes to dispense with further proceedings
under the call? . . .
The Speaker: It is an interesting question, and it has been
passed on many times. The Chair certainly has the authority to
order the doors closed without further authority from the House.
The Chair would not hold that without authority or direction of the
House he should assume the authority of locking the doors and
keeping the Members from retiring from the Chamber. There is a way
that the Chair can be clothed with proper authority.
The Chair will count to determine whether there is a quorum
present. [After counting.] Two hundred Members are present, not a
quorum.
Sec. 6.2 Following over three hours of delay caused by quorum calls
during the reading of the Journal, the Chair, in response to a
parliamentary inquiry, stated that the rules of the House provided
for locking the doors to the Chamber to prohibit Members from
leaving until a quorum is procured.
On Oct. 8, 1968,(6) the Speaker pro tempore, Wilbur D.
Mills, of Arkansas, stated that the rules permit locking doors during a
call of the House.
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6. 114 Cong. Rec. 30092, 30093, 90th Cong. 2d Sess.
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Mr. [Ray J.] Madden [of Indiana]: Mr. Speaker, a parliamentary
inquiry.
The Speaker Pro Tempore: The gentleman from Indiana will state
it.
Mr. Madden: Mr. Speaker, owing to the fact that the chairman of
the Rules Committee has asked me to take up House Resolution 1315,
which provides an open rule and 1 hour of general debate for
consideration of Senate Joint Resolution 175, to suspend for the
1968 campaign the equal-time requirements of section 315 of the
Communications Act of 1934 for nominees for the offices of
President and Vice President, my inquiry is this: I know, owing to
the fact that we came in at 12 o'clock and it is now 3:30, the
minority side has carried on a system of quorum calls which have
taken 3\1/2\ hours of the time of Members. . . .
Mr. Speaker, I will state my parliamentary inquiry. Mr.
Speaker, a number of State legislatures over the Nation have a
rule--and I do not know whether this body has a similar rule--that
where an organized agreement, we might say, on the part of the
minority side----
Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, regular order.
[[Page 3569]]
The Speaker Pro Tempore: The gentleman from Indiana will state
his parliamentary inquiry.
Mr. Madden: Mr. Speaker, since a group has decided to impede
the progress of legislation, and a number of State legislatures
have a rule to the effect I have indicated, I am inquiring as to
whether a similar rule exists in the House of Representatives, that
the guards can lock the doors and prevent Members from leaving
during the progress of or after a quorum call has taken place? . .
.
The Speaker Pro Tempore: Yes. The Chair advises the gentleman
there is such a rule. And it may become necessary to enforce that
rule. . . .
Mr. Madden: Mr. Speaker, how long will it be before the time
should come to enforce that rule?
The Speaker Pro Tempore: It depends upon the patience of the
Chair.
The Clerk will continue the reading of the Journal.
The Clerk proceeded to read the Journal of the proceedings of
yesterday.
Parliamentarian's Note: While Rule XV clause 2,(7)
stated that on a call of the House ``the doors shall be closed,'' it
was within the Chair's discretion whether the doors were merely closed
[as was the custom] or actually locked.
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7. See House Rules and Manual Sec. 768 (1967).
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Sec. 6.3 The Speaker ordered the doors to the Chamber closed and locked
during a call of the House under Rule XV clause 2,(8)
and instructed the Doorkeeper to enforce the rule and let no
Members leave the Hall.
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8. See House Rules and Manual Sec. 768 (1967).
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On Oct. 8, 1968,(9~) Speaker John W. McCormack, of
Massachusetts, ordered the doors locked.
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9. 114 Cong. Rec. 30093, 90th Cong. 2d Sess.
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Mr. [Donald] Rumsfeld [of Illinois]: Mr. Speaker, I make the
point of order that a quorum is not present.
The Speaker Pro Tempore:(10) The Chair will count.
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10. Wilbur D. Mills (Ark.).
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One hundred sixty-seven Members are present, not a quorum.
Mr. [John H.] Dent [of Pennsylvania]: Mr. Speaker, a
parliamentary inquiry.
The Speaker Pro Tempore: A parliamentary inquiry cannot be
asked at this time.
Mr. [John J.] McFall [of California]: Mr. Speaker, I move a
call of the House.
A call of the House was ordered.
The Speaker: The Doorkeeper will close the doors, the Sergeant
at Arms will notify absent Members, and the Clerk will call the
roll.
Mr. Dent: Mr. Speaker, a point of order, which relates to the
call of the roll.
The Speaker: The House will be in order. The Clerk will proceed
with the call of the roll.
Mr. Dent: Mr. Speaker, the point of order relates to the proper
calling of the roll.
[[Page 3570]]
The Speaker: The gentleman will state his point of order.
Mr. Dent: The point of order is the doors were ordered closed,
and the doors to the outside of the Chamber are open in the
cloakrooms.
The Speaker: The Chair has given instructions to close all
doors and allow no Members out.
The Clerk called the roll, and the following Members failed to
answer to their names: . . .
The Speaker: On this rollcall 277 Members have answered to
their names, a quorum.
By unanimous consent, further proceedings under the call were
dispensed with.
Parliamentarian's Note: The Chair personally instructed the
Doorkeepers to lock all exits from the House Chamber and to prohibit
Members from leaving during the call of the House. Doors leading from
the Chamber to the Speaker's lobby, as well as those opening from the
cloakrooms to the north corridor in the House wing were locked.
The Speaker ordered the doors locked during roll calls numbered 382
and 383. When this remedy did not prove effective because Members
continued to leave the Chamber immediately after the calls were
dispensed with, he did not continue to enforce the rule. See
Sec. Sec. 6.10, 6.11, infra, which relate to opening the doors.
Sec. 6.4 Because the Chair had no inherent authority to order the doors
to the Chamber locked except during a call of the House, he could
not lock the doors to prevent Members from leaving after a motion
to dispense with further proceedings under a call was agreed to.
On Oct. 8, 1968,(11) Speaker John W. McCormack, of
Massachusetts, made a ruling with respect to reopening doors after
dispensation of further proceedings under the call.(12)
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11. 114 Cong. Rec. 30093, 90th Cong. 2d Sess.
12. See Sec. 6.5, infra, in which the doors remained locked until
disposition of the ``pending business,'' the reading and
approval of the Journal. In that instance, as distinguished
from this one, the doors were locked and kept locked by order
of the House pursuant to motion rather than by order of the
Speaker.
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Mr. [Craig] Hosmer [of California]: Mr. Speaker, a point of
order having been made of no quorum, a quorum having been called,
and a quorum having been found present, and the further proceedings
under the call having been dispensed with, does that mean that the
doors of the House are now unlocked?
The Speaker: The gentleman is correct.
The Clerk will continue to read the Journal of the proceedings
of yesterday.
The Clerk proceeded to read the Journal of the proceedings of
yesterday.
[[Page 3571]]
Mr. [Ray J.] Madden [of Indiana]: Mr. Speaker, a parliamentary
inquiry.
The Speaker: The gentleman will state his parliamentary
inquiry.
Mr. Madden: Mr. Speaker, observing the commotion over on the
minority side, I inquire would it be in order to again order that
the doors be closed?
The Speaker: At this point the answer is, No.
The Clerk will read.
The Clerk proceeded to read the Journal of the proceedings of
yesterday.
Sec. 6.5 The Speaker, in the absence of a quorum and pursuant to a
motion from the floor, ordered the doors to the Chamber locked to
prevent Members from leaving until completion of the pending
business--reading and approval of the Journal.
On the legislative day of Oct. 8, 1968,(l3) the House
ordered the doors locked.
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13. 114 Cong. Rec. 30212, 30213, 90th Cong. 2d Sess., Oct. 9, 1968
(Calendar Day).
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Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of
the House.
Mr. [Brock] Adams [of Washington]: Mr. Speaker, as a part of
the motion of a call of the House, I further move under rule
II,(14) under which a call of the House is in order,
that a motion be made for the majority here that those who are not
present be sent for wherever they are found and returned here on
the condition that they shall not be allowed to leave the Chamber
until such time as the pending business before this Chamber on this
legislative day shall have been completed.
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14. Parliamentarian's Note: A call of the House by motion is in order
under Rule XV clause 2 [see House Rules and Manual Sec. 768
(1979)].
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The Speaker:(15) The question is on the motion
offered by the gentleman from Washington [Mr. Adams].
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15. John W. McCormack (Mass.).
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The motion was agreed to.
The Clerk proceeded to call the roll.
Mr. [Lester L.] Wolff [of New York]: Mr. Speaker, a point of
order.
The Speaker: The Chair will state to the gentleman from New
York that there is a quorum call underway and it cannot be
interfered with.
Mr. Wolff: Mr. Speaker, I make a point of order on the quorum
call.
The Speaker: The gentleman makes a point of order?
Mr. Wolff: Yes, Mr. Speaker. The doors are not locked.
The Speaker: The Sergeant at Arms will lock the doors, and the
Clerk will call the roll.
The Clerk called the roll, and the following Members failed to
answer to their names: . . .
The Speaker: On this rollcall 222 Members have answered to
their names, a quorum.
Mr. Albert: Mr. Speaker, I move that further proceedings under
the call be dispensed with.
The Speaker: The question is on the motion offered by the
gentleman from Oklahoma.
The motion was agreed to.
[[Page 3572]]
Mr. [James C.] Cleveland [of New Hampshire]: Mr. Speaker.
The Speaker: Does the gentleman from New Hampshire desire to
make a parliamentary inquiry?
Mr. Cleveland: No, Mr. Speaker, I make a point of order. I
object to the vote on the ground that a quorum is not present.
The Speaker: A quorum has just been established.
Mr. [William E.] Brock [3d, of Tennessee]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Brock: Am I to understand, if further proceedings under the
call have been dispensed with, according to the last motion, it is
correct that the doors of the House are now open?
The Speaker: The Chair is awfully glad the gentleman made that
parliamentary inquiry, because the Chair intended to read for the
benefit of the Members the motion made by the gentleman from
Washington [Mr. Adams]:
Mr. Speaker, as a part of the motion of a call of the
House, I further move under rule II, under which a call of the
House is in order, that a motion be made for the majority here
that those who are not present be sent for wherever they are
found and returned here on the condition that they shall not be
allowed to leave the Chamber until such time as the pending
business before this Chamber on this legislative day shall have
been completed.
The motion was adopted; and in accordance with that motion no
Member can leave the Chamber until the pending business before the
House has been disposed of; and the pending business is the reading
and approval of the Journal of the preceding session.
Parliamentarian's Note: Where a motion which might have been
subject to a point of order (if a point of order had been raised in a
timely fashion) is, in the absence of a point of order, agreed to, it
represents the will of the House and governs its procedure until the
House orders otherwise. See Sec. 6.7, infra, for detailed discussion.
The motion was adopted after 33 quorum calls had delayed pending
business, the reading and approval of the Journal.
Effects of Closing or Locking the Doors
Sec. 6.6 Where the House in the absence of a quorum and pursuant to
motion had ordered that ``those who are not present be sent for
wherever found and returned here on the condition that they shall
not be allowed to leave the Chamber until the pending business
shall have been completed'' and then ordered a call of the House,
the Speaker interpreted the motion as requiring the retention in
the Chamber of all Members responding on the call--not merely the
retention of those Members who
[[Page 3573]]
were absent when the order was entered into.
On the legislative day of Oct. 8, 1968,(16) Speaker John
W. McCormack, of Massachusetts, to achieve a quorum most expediently
interpreted a motion as not to allow Members to leave the Chamber.
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16. 114 Cong. Rec. 30213, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar
Day).
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Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary
inquiry.
The Speaker: The gentleman will state his parliamentary
inquiry.
Mr. Gerald R. Ford: Let me repeat the language of the motion of
the gentleman from Washington:
That a motion be made for the majority here that those who
are not present be sent for wherever they are found and
returned here on the condition that they shall not be allowed
to leave the Chamber until such time as the pending business
before this Chamber on this legislative day shall have been
completed.
Mr. Speaker, I respectfully argue that in the language used by
the gentleman from Washington in the motion that he made, he says
very specifically and very categorically that those who are not
here are the ones who must be kept in the Chamber.
Mr. [John D.] Dingell [of Michigan]: Mr. Speaker, I demand the
regular order.
The Speaker: The regular order is that the gentleman is making
a parliamentary inquiry.
Mr. Gerald R. Ford: And I am indicating, Mr. Speaker, in my
parliamentary inquiry, that the doors to the Chamber shall not be
closed to those Members who were here at the time of the call for
the quorum.
The Speaker: The Chair, in response to the parliamentary
inquiry of the distinguished minority leader, feels, in construing
the motion, that a part of the construction is the happenings of
the last 10 or 12 or more hours and the intent and purpose of the
gentleman from Washington in making the motion.
It seems to the Chair, in response to the parliamentary
inquiry--and the Chair makes such a response--that the motion
offered by the gentleman from Washington [Mr. Adams] meant that any
Member who answered the last quorum call cannot leave the Chamber
until the pending business has been disposed of; and the doors will
be kept closed.
The Chair might observe in relation to any future points of
order that a quorum is not present that apparently a quorum is
present because the last one disclosed 222 Members and the Chair is
justified in assuming that the 222 Members are still here. The
doors will remain locked until the present business is disposed of.
Parliamentarian's Note: Where the doors to the Chamber were, by
order of the House, locked until disposition of pending business, and a
quorum had been established, the Chair stated that further points of no
quorum would be considered dilatory until the business was completed
and the doors opened.
Sec. 6.7 Where the House had ordered the doors to the Cham
[[Page 3574]]
ber locked pending the disposition of pending business, it was not
in order by way of a point of personal privilege or by raising a
question of the privilege of the House to collaterally attack such
order, since it had been adopted by the House at a previous time
without challenge.
On the legislative day of Oct. 8, 1968,(17) Speaker John
W. McCormack, of Massachusetts, refused to recognize a Member to
collaterally raise an issue relating to restraint of Members under the
guise of a question of privilege.
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17. 114 Cong. Rec. 30214-16, 90th Cong. 2d Sess., Oct. 9, 1968
(Calendar Day).
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The Clerk proceeded to read the Journal of the proceedings of
yesterday.
Mr. [Robert J.] Dole [of Kansas]: Mr. Speaker, a parliamentary
inquiry.
The Speaker: The Chair will not entertain any more
parliamentary inquiries at this particular time.
Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous
consent that the further reading of the Journal be dispensed with.
The Speaker: Is there objection to the request of the gentleman
from Oklahoma?
Mr. [Robert] Taft [Jr., of Ohio]: Mr. Speaker, I object.
The Speaker: Objection is heard.
The Clerk will continue with the reading of the Journal of the
proceedings of yesterday.
The Clerk proceeded to read the Journal of the proceedings of
yesterday.
Mr. Taft: Mr. Speaker----
The Speaker: For what purpose does the gentleman from Ohio
rise?
Mr. Taft: Mr. Speaker, I have a privileged motion.
Mr. [Sidney R.] Yates [of Illinois]: A point of order, Mr.
Speaker. That is not in order until the reading of the Journal has
been completed.
The Speaker: Will the gentleman from Ohio state his privileged
motion?
Mr. Taft: Mr. Speaker, my motion is on a point of personal
privilege.
The Speaker: Will the gentleman from Ohio state whether it is a
point of personal privilege or a privileged motion?
Mr. Taft: It is a privileged motion, and a motion of personal
privilege.
Under rule IX (I8) questions of personal privilege
are privileged motions, ahead of the reading of the Journal.
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18. See House Rules and Manual Sec. 661 (1979).
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The Speaker: The Chair will advise the gentleman that a
question of personal privilege should be made later after the
Journal has been disposed of.
If the gentleman has a matter of privilege of the House, that
is an entirely different situation.
Mr. Taft: I believe, Mr. Speaker, this involves not only
personal privilege as an individual, but also as a Member of the
House and also the privileges of all Members of the House.
The Speaker: The Chair does not recognize the gentleman at this
time on a matter of personal privilege.
But the Chair will, after the pending matter, the reading of
the Journal has
[[Page 3575]]
been disposed of, recognize the gentleman if the gentleman seeks
recognition.
Mr. Taft: Mr. Speaker, a parliamentary inquiry.
The Speaker: The gentleman will state the parliamentary
inquiry.
Mr. Taft: Mr. Speaker, is it not true in rule IX relating to
questions of privilege it is stated that such questions shall have
precedence over all other questions except motions to adjourn?
The Speaker: Will the gentleman state the question of
privilege.
Mr. Taft: Mr. Speaker, my motion is that I and all other
Members in the Chamber who were here at the time of the last quorum
call and answered ``present'' be permitted to leave the Chamber at
their desire.
Mr. Speaker, this is a matter of privilege of the Members of
the House because there is no right under the rules of the House or
under the statutes, or the Constitution of the United States to
interfere with the liberty of a Member to leave the House under
these circumstances.
The Speaker: The Chair will state in response to the
parliamentary inquiry that the action of the House has deprived--
has caused the doors to be closed and has deprived temporarily the
privilege that the gentleman refers to. That has been done by the
action of the House.
Mr. Taft: Mr. Speaker, I was recognized to make a privileged
motion and it was not a matter of a parliamentary inquiry. I have
made that motion and I ask that the Chair rule on the motion.
The Speaker: What is the motion?
Mr. Taft: I request that I be given time to discuss the motion
as a matter of privilege.
The Speaker: The gentleman will state his motion.
Mr. Taft: Mr. Speaker, my motion is that I and all other
Members present on the floor who answered ``present'' at the time
of the last quorum call shall be permitted to leave the House
freely at their own desire.
The basis of my motion is under the rules of the House and the
Constitution and statutes of the United States there is no basis
for restricting the freedom of Members who were here at the time
there is a quorum call, regardless of the action of the House.
The Speaker: The Chair does not recognize the gentleman for the
purpose of making such a motion because the Chair has already
clearly indicated the House has already taken action and it is
within the power of the House to take the action that it did.
Therefore, the Chair does not recognize the gentleman to make such
a motion.
Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, it was my
understanding that the gentleman from Ohio had been recognized for
the purpose of offering the motion.
The Speaker: The gentleman from Michigan is well aware of the
fact that the question of recognition rests with the Chair. The
gentleman did not make a motion which was in order by reason of the
action heretofore taken by the House.
The Clerk will continue to read the Journal.
The Clerk proceeded to read the Journal of the proceedings of
yesterday.
[[Page 3576]]
Appeal From Ruling of Chair
Mr. Taft: Mr. Speaker, I appeal the ruling of the Chair.
Mr. Albert: Mr. Speaker, I move that the appeal be laid on the
table.
The Speaker: The gentleman from Oklahoma moves that the appeal
be laid on the table.
The question was taken.
Mr. Taft: Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The question was taken; and there were--yeas 136, nays 102,
answered ``present'' 1, not voting 192, as follows: . . .
So the motion to lay on the table was agreed to.
Parliamentarian's Note: While the Speaker declined to entertain the
motion as a question of privilege based upon Mr. Taft's contention that
under the Constitution and rules the freedom of Members who were
present should not be restricted, the specific argument was not made
that the order had been agreed to by less than a quorum or that it was
directed only to the attendance of absentees and not to those present
in the Chamber. This precedent does not, then, stand for the
proposition that an improper order of the House or the manner of
execution of an order of the House can never be collaterally attacked
as a matter of the privilege of the House--it merely suggests that the
proper contention was not made when the question of privilege was
raised. Under the precedent in 5 Hinds' Precedents Sec. 5665, the
motion to reconsider the vote whereby the order of the House had been
agreed to would have been in order, although the execution of that
order had begun. In that case, the order was to arrest absent Members.
Sec. 6.8 Where the doors were closed during a call of the House under
Rule XV clause 2,(19) all Members were restrained from
leaving the Chamber [unless special permission was granted by the
Speaker or the House] notwithstanding the fact that official
business of the House, such as their attendance at a meeting of a
committee of conference, might normally have required their
presence elsewhere.
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19. See House Rules and Manual Sec. 768 (1967).
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On Oct. 8, 1968,(20) the Speaker pro tempore, Wilbur D.
Mills, of Arkansas, made a ruling with respect to restraining Members
during a call of the House.
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20. 114 Cong. Rec. 30092, 30093, 90th Cong. 2d Sess.
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Mr. [Clark] MacGregor [of Minnesota]: Mr. Speaker, a
parliamentary inquiry.
[[Page 3577]]
The Speaker Pro Tempore: The gentleman from Minnesota will
state it.
Mr. MacGregor: Mr. Speaker, should the time come when the Chair
is constrained to invoke the rule referred to by the gentleman from
Indiana [Mr. Madden], would that mean those Members who are
conferees and who are here from the committee of conference would
be prevented from returning to that conference committee for the
conference on the Senate side, so as to discharge our
responsibilities with respect to the gun control legislation?
The Speaker Pro Tempore: Yes. If the doors should be closed,
they will remain closed until a quorum is present.
Mr. MacGregor: And the Members would then be prevented from
proceeding with the gun control conference.
The Speaker Pro Tempore: The Clerk will proceed with the
further reading of the Journal of the proceedings of yesterday.
The Clerk proceeded to read the Journal of the proceedings of
yesterday.
Sec. 6.9 Where the doors to the Chamber were locked by order of the
House to prevent Members from leaving until the pending business
was completed, employees of the House could still enter and exit
from the Chamber in the performance of their duties.
On the legislative day of Oct. 8, 1968,(21) the Speaker,
John W. McCormack, of Massachusetts, interpreted a motion to lock the
doors to the Chamber as restraining only Members, not House employees.
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21. 114 Cong. Rec. 30216, 30217, 90th Cong. 2d Sess., Oct. 9, 1968
(Calendar Day).
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The Speaker: The Clerk will continue with the reading of the
Journal of the proceedings of yesterday.
The Clerk proceeded to read the Journal of the proceedings of
yesterday.
Mr. [Frank] Horton [of New York]: Mr. Speaker, I offer a
preferential motion.
The Speaker: The gentleman will state his preferential motion.
Mr. Horton: Mr. Speaker, this preferential motion is on Rule
IX.(1) I understand the doors are closed to the House
Chamber, and this affects the employees of the House and therefore
the employees in the cloakrooms and the employees of the House are
locked in with the rest of the Members.
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1. See House Rules and Manual Sec. 661 (1979).
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Therefore, Mr. Speaker, I move that the doors be opened insofar
as the employees of the House are concerned.
The Speaker: The Chair will state to the gentleman that the
employees have the right to leave, and to come back. Only the
Members are affected by the motion.
Reopening Doors
Sec. 6.10 Where the doors to the Chamber were closed and
[[Page 3578]]
locked during a call of the House pursuant to Rule XV clause
2,(2) and the order of the Speaker, they were reopened
without further instructions from the Chair when further
proceedings under the call were dispensed with.
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2. See House Rules and Manual Sec. 768 (1967).
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On Oct. 8, 1968,(3) Speaker John W. McCormack, of
Massachusetts, made a ruling with respect to reopening doors after
dispensing with further proceedings under the call.
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3. 114 Cong. Rec. 30093, 90th Cong. 2d Sess.
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Mr. [Craig] Hosmer [of California]: Mr. Speaker, a point of
order having been made of no quorum, a quorum having been called,
and a quorum having been found present, and the further proceedings
under the call having been dispensed with, does that mean that the
doors of the House are now unlocked?
The Speaker: The gentleman is correct.
Sec. 6.11 Doors to the House Chamber which had been locked by order of
the House pending disposition of certain business, were reopened,
pursuant to instructions from the Speaker, as soon as that business
was completed.
On the legislative day of Oct. 8, 1968,(4) the doors to
the Chamber were reopened after completion of the business pending at
the time the motion was made, the reading and approval of the Journal.
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4. 114 Cong. Rec. 30217, 90th Cong. 2d Sess., Oct. 9, 1968 (Calendar
Day).
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Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, I ask the
parliamentary inquiry. Are the doors to the Chamber now locked?
The Speaker: (~5~) In response to the inquiry, the
Chair will state that the pertinent part of the motion made by the
gentleman from Washington [Mr. Adams], which relates to the inquiry
made by the gentleman from Michigan, is:
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5. John W. McCormack (Mass.).
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That they shall not be allowed to leave the chamber until
such time as the pending business--
The pending business--
before this chamber on this legislative day shall have been
completed.
As the Chair stated previously in response to a parliamentary
inquiry, the pending business was the reading and approval of the
Journal of the House. And the Chair, in response to the
parliamentary inquiry, reiterates that reply, that the business
before the House at that time which was pending was the Journal of
the preceding session.
Accordingly, the doors will be opened.
Mr. Gerald R. Ford: I thank the distinguished Speaker.
[[Page 3579]]
Parliamentarian's Note: The doors were reopened after a member of
the Committee on Rules, Ray J. Madden, of Indiana, called up House
Resolution 1315, which provided for consideration of a joint resolution
to suspend for the 1968 campaign the equal-time requirements of section
315 of the Communications Act of 1934 for President and Vice President.