6. MOTION TO REQUEST, MUST PRECEDE MOTION TO COMPEL. 365.] 45th Cong., 3d sess.; J., p. FEBRUARY 24, 1879. On motion by Mr. Harris that the Sergeant at Arms be directed to compel attendance of absent Senators, Mr. Merrimon raised a question of order, viz, that under the third rule of the Senate the motion should be preceded by a motion to request the attendance of absent Senators. The Presiding Officer submitted the question to the Senate, Should the motion to compel be preceded by a motion to request the attendance of absent Senators? and it was determined in the affirmative, yeas 24, nays 12. (See Cong. Record, pp. 1844, 1847, 1848.) 7. ON COMPELLING WHEN QUORUM IS PRESENT. 47th Cong., 2d sess.; J., p. 279.] FEBRUARY 2, 1883. The question of order "that the order to compel the attendance of absent Senators was not in order, the number of Senators present constituting a quorum," was laid on the table, and the order to compel the attendance of absent Senators was withdrawn. (See Cong. Record, pp. 1986, 1987.) 52 Cong., 2d sess.; J., p. 164.] MARCH 3, 1893. The President pro tempore (Mr. Manderson) decided that it was competent for the Senate under its rules to order the attendance of absent Senators when a quorum is present, it being a right inherent in every legislative body to compel the attendanc of absent members who are not present for duty and who have not been excused. (See Cong. Record, p. 2535.) 8. PENDING PROCEEDINGS TO COMPEL, OTHER BUSINESS NOT IN ORDER. 47th Cong., 2d sess.; J., pp. 404–406.] FEBRUARY 23, 1883. The number of Senators voting not constituting a quorum, the Presiding Officer (Mr. Morgan in the chair) directed the roll to be called, when thrity-six Senators answered as their names were called. The number of Senators responding not constituting a quorum, on motion by Mr. Edmonds that the Sergeant at Arms be directed to request the attendance of absent Senators [a motion to adjourn failed, 6.33 p. m.], and the question recurring on Mr. Edmunds's motion, it was determined in the affirmative, yeas 19, nays 11. So the motion was agreed to. The Sergeant at Arms proceeded to execute the order of the Senate. At 8 o'clock p. m. the Sergeant at Arms, in obedience to the order of the Senate directing him to request the attendance of absent Senators, submitted the following report: To the President of the Senate: In execution of the order of the Senate to request the attendance of absent Senators the Secretary reported the following absent: (Thirty-six Senators named); of these (six named) are absent from the city; sick and unable to attend (five named); a number of Senators are reported to be at a dinner at Senator Chandler's, where the host refused admission to the officers sent to notify them; Senators Groome, Kellogg, and Saulsbury could not be found; officers are in search of the remainder. Respectfully, [At 8 p. m. a motion to adjourn was lost.] R. J. BRIGHT. The number of Senators voting not constituting a quorum, the Presiding Officer directed the roll to be called, when thirty Senators answered as their names were called. The number of Senators responding not constituting a quorum, Mr. Edmunds submitted the following order: Ordered, That the Sergeant at Arms bring into the Senate forthwith the followingnamed Senators, now absent from this sitting of the Senate without its leave, namely: The names may be found at p. 405 of the Journal.] [At 8.10 a motion to adjourn was lost, 8 to 17.] The question recurring upon the order submitted by Mr. Edmunds to compel the attendance of absent Senators, Mr. Jones demanded a call of the Senate. The Presiding Officer decided that the demand for a call of the Senate was not in order, pending the proceedings under the previous call. [Mr. Jones appealed, but the appeal was not sustained, and a motion to adjourn was made and lost.] The question recurring on the order submitted by Mr. Edmunds to compel the attendance of absent Senators, Mr. Jones raised the question of order, viz, that the number of Senators voting not constituting a quorum under rule 3, the roll should be called. The Presiding Officer overruled the question of order and decided that the Senate had already taken affirmative action on that proposition. From the decision of the Chair, Mr. Jones appealed to the Senate. [The Chair was sustained, yeas 19, nays 7. A motion to adjourn was determined in the negative, yeas 10, nays 16, at 8.35 p. m.] The question recurring on Mr. Edmunds's motion, Mr. Maxey raised a question of order, viz, that the Sergeant at Arms having failed to execute the previous order of the Senate, requesting the attendance of absent Senators, the motion to compel their attendance was not now in order. The Presiding Officer (Mr. Gorman in the chair) overruled the question of order. [On appeal, the Chair was sustained, yeas 21, nays 6. The Senate finally adjourned at 10 p. m., without action on the motion.] (See Cong. Record, 3179-3187.) 9. THE SUMMONS FOR, DISOBEYED. 51st Cong., 2d sess.; J., p. 81.] On motion by Mr. Hoar, JANUARY 16, 1891. Ordered, That the Sergeant at Arms be directed to request the attendance of absent Senators. The Sergeant at Arms having, in obedience to the order of the Senate, requested the attendance of absent Senators and reported several responses; and at 2 o'clock and 12 minutes a. m., a quorum still being wanting, on motion by Mr. Edmunds, Ordered, That the Sergeant at Arms be directed to use all necessary means to compel the attendance of absent Senators, excepting those detained on account of sickness. At 4 o'clock and 30 minutes a. m., the Sergeant at Arms, in obedience to the order of the Senate directing him to compel the attendance of the absent Senators, submitted the following report: UNITED STATES SENATE, SIR: In obedience to the following order received by me at 2.30 a. m.: Ordered, That the Sergeant at Arms be directed to use all necessary means to compel the attendance of absent Senators, excepting those detained on account of sickness I executed the same by notifying Senators Evarts, Call, Dawes, Daniel, Jones of Arkansas, Gray, Coke, Kenna, and Bate, who responded to the same by appearing in the Senate Chamber. Senators Hampton, Ingalls, Ransom, Butler, Sherman, Wilson of Maryland, and Wolcott reported themselves sick, and Senator Berry answered that he was not ready to come. Could not gain entrance to the residence of Senator Barbour. Party responded at door of Senator Stanford; answered "Is not in." At Senator Turpie's there was no response. The order is being executed by Deputy Sergeants at Arms at this time. Very respectfully, To the PRESIDENT OF THE SENATE. He subsequently submitted the following reports: E. K. VALENTINE, UNITED STATES SENATE, 5 o'clock a. m., January 17, 1891. SIR: I have the honor to further report that Senator McPherson reports himself sick. Senators Morgan, Carlisle, and Stewart can not be found. Senators Blackburn and George responded that they would report at once. Very respectfully, To the PRESIDENT OF THE SENATE. E. K. VALENTINE, UNITED STATES SENATE, 5 o'clock a. m., January 17, 1891. SIR: In obedience to the last order of the Senate, under a roll call handed me at 4.40 a. m., I served summons on Senators Coke and Vance, who responded by entering the Senate Chamber. Found Senator Berry in the cloakroom of the Senate, who requested me to report to the Senate that he would come when he got ready. Also found Senator Butler in the cloakroom, who refused to obey the summons. Very respectfully, To the PRESIDENT OF THE SENATE. E. K. VALENTINE, At 5 o'clock and 45 minutes a. m., a quorum having appeared, and the question recurring on the amendment of Mr. Faulkner, pending debate, on motion by Mr. Gorman, at 6 o'clock a. m., that further proceedings under the call be dispensed with, it was determined in the negative; yeas 5, nays 23. So the motion was not agreed to. The number of Senators voting not constituting a quorum, the Vice President directed the roll to be called, when 34 Senators answered to their names. At 6 o'clock and 20 minutes a. m. the Sergeant at Arms submitted the following additional report: UNITED STATES SENATE, 6.20 a. m., January 17, 1891. SIR: I have the honor to further report that Senators Reagan and Vest, in response to the order of the Senate, responded that they would report immediately. Senator Voorhees reports himself sick. Senators Pugh and Walthall can not be found in the city of Washington. Senators Brown, Blodgett, Chandler, Farwell, Blair, Squire, Moody, and Pettigrew are absent from the District of Columbia. Very respectfully, To the PRESIDENT OF THE SENATE. [At 9.30 a. m. a quorum appeared.] E. K. VALENTINE, 10. QUORUM NECESSARY TO RECONSIDER VOTE DIRECTING SERGEANT AT ARMS TO COMPEL. 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. Later in the day 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. Later still, a quorum having appeared, Mr. Gray raised a question of order, viz, 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. The Presiding Officer 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 rules, to order the Sergeant at Arms to take all necessary means to compel the attendance of absent Senators. From the decision of the Chair Mr. Gray appealed to the Senate; and, on the question, Shall the decision of the Chair stand as the judgment of the Senate? on motion by Mr. Aldrich that the appeal lie on the table, the yeas were 29 and the nays were 7. No quorum voting. (See Cong. Record, pp. 1624-1626.) 11. THE DOLPH RESOLUTION SEEKING TO COMPEL BY FORCE IF NECESSARY. 51st Cong., 2d sess.; J., p. 95.] JANUARY 22, 1891. Mr. Dolph submitted the following resolution for consideration; which was ordered to be printed: Resolved, That the Committee on the Judiciary be, and they are hereby, directed to inquire and report to the Senate at as early a day as practicable whether clause 3 of Rule V of the Rules of the Senate is such a compliance with the requirements of section 5 of Article I of the Constitution, as to the manner in which the attendance of absent Members may be compelled, as to authorize less than a quorum of the Senate when in session to compel the attendance of absent Members, and whether a direction by the Senate, less than a quorum being present, to the Sergeant at Arms of the Senate to compel the attendance of absent Members, as provided for in said third clause of Rule V, is a sufficient warrant and authority to the Sergeant at Arms to authorize him to use force, if necessary, in bringing absent Senators to the Senate Chamber. Ib., 97.] JANUARY 27, 1891. The President laid before the Senate the resolution submitted by Mr. Dolph to inquire as to the extent of the authority conferred by clause 3 of Rule V to compel the attendance of absent Senators, and, by unamious consent, Ordered, That the consideration thereof be postponed to to-morrow, the resolution retaining its present position. NOTE.-This resolution was not subsequently acted upon. BALLOT. 1. Election of a president pro tempore may be by, resolution, or a call of the roll. 2. A Secretary of the United States Senate may not be elected by, but may be elected by a resolution. 1. ELECTION OF A PRESIDENT PRO TEMPORE MAY BE BY, RESOLUTION, OR A CALL OF THE ROLL. 62d Cong., 3d sess.; J., p. 34.] DECEMBER 16, 1912. The term for which the President of the Senate pro tempore (Mr. Bacon) was elected having expired, Mr. Lodge, a Senator from the State of Massachusetts, in pursuance of the order of the Senate of May 15, 1911, called the Senate to order. Whereupon, The Senate proceeded to consider the order yesterday submitted by Mr. Smoot, providing for the election of Presidents of the Senate pro tempore for stated terms; When, Mr. Bristow raised a question of order, viz, that the only way to elect a President of the Senate pro tempore is by ballot. The Presiding Officer (Mr. Lodge in the chair) overruled the point of order, and held that a President of the Senate pro tempore could be elected by ballot, resolution, or by a call of the roll. (See Cong. Record, p. 695.) 2. A, SECRETARY OF UNITED STATES SENATE MAY NOT BE ELECTED BY, BUT MAY BE ELECTED BY A RESOLUTION. 48th Cong., 1st sess.] The Senate having decided to elect its officers, DECEMBER 18, 1883. Mr. Sherman moved that Gen. Anson G. McCook, of the city of New York, be elected Secretary of the Senate, stating he thought the rule requires it to be done by ballot. The PRESIDENT pro tempore (Mr. Edmunds). The Chair is of the opinion that the rule as to a ballot, as its terms are expressed, only applies to the formation of committees, and a resolution or order, therefore, will suffice, which the Senator had better reduce to writing, probably for the convenience of the clerks. (See Cong. Record, p. 156.) 206 |
