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Same points, decided same way.

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

35. 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.

READING OF BILLS.

RECESS.

(See BILLS.)

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, 1833.

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

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

FEBRUARY 15, 1873.

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

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

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

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

2. WHILE THE SENATE IS DIVIDING A MOTION FOR A, IS NOT IN ORDER.

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

AUGUST 10, 1876.

Mr. Ferry, President pro tempore, decided that while the Senate was dividing on a motion to proceed to the consideration of executive business, a motion to 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, 1864.

(See Cong. Globe,

On the question of a recess Vice President Hamlin said: "The impression of the Chair is that a less number than a quorum can take a recess."

1690.)

4. DECIDED THAT LESS THAN A QUORUM CAN NOT TAKE A,

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.)

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. A unanimous-consent agreement may not be, or withdrawn.

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

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

9. May lay on table question of granting leave to withdraw motion for. 10. Motion for, can be taken up same day.

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

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

13. Any Senator can move a, where there was no vote by yeas and nays. 14. Motion for, debatable.

15. 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, he having voted in the negative and minority; and it was determined in the affirmative; yeas 17, nays 16. (See Cong. Globe, pp. 2032, 2033.)

3. IT IS IN ORDER TO DEBATE MOTION TO PROCEED TO THE CONSIDERATION OF MOTION TO RECONSIDER VOTE ON POSTPONING A BILL.

35th Cong., 1st sess.; J., p. 719.]

JUNE 14, 1858.

A motion was made by Mr. Johnson of Tennessee to proceed to the consideration of the motion made by him the 27th of May, to reconsider the vote postponing until the first Monday in January next the further consideration of the bill (S. 25) "to grant to every person who is the head of a family and a citizen of the United States a homestead of one hundred and sixty acres of land out of the public domain, upon the condition of occupancy and cultivation of the same for the period herein specified"; and While Mr. Johnson was addressing the Senate,

Mr. Mason raised a question of order, whether, until the bill be taken up, any remarks upon it will be in order; and

The President pro tempore (Mr. Fitzpatrick) decided that, on a motion to proceed to the consideration of the motion to reconsider the vote on postponing the bill, the remarks of the Senator from Tennessee were in order. (See Cong. Globe, pp. 3042, 3043.)

4. MOTION FOR A, MAY BE ENTERED AS PRIVILEGED.

35th Cong., 2d sess.; J., p. 256.]

FEBRUARY 3, 1859.

A motion to reconsider may be entered as a privileged motion, but its consideration must be determined by a vote of the Senate. (See Cong. Globe, p. 774.)

5. ONLY ONE, EXCEPT BY UNANIMOUS CONSENT.

34th Cong., 1st sess.; J., pp. 606, 621, 622.]

AUGUST 16, 1859. *

On motion by Mr. Butler, that the Senate reconsider the vote on passing S. 398, to regulate compensation of Members of Congress, and the motion being objected to, the President pro tempore (Mr. Bright) decided that the vote having been once reconsidered, the motion required unanimous consent of Senate. (See Cong. Globe, p. 2168.) A bill for the improvement of the Patapsco River, etc. (S. No. 53), was vetoed by the President (p. 608). On reconsideration the Senate failed to pass the bill over the veto two-thirds not voting for it. A motion was made to reconsider this vote, which the President pro tempore (Mr. Bright) decided in order. Mr. Bayard appealed, on ground could not have two considerations on a vetoed bill. Decision sustained; yeas 32, nays 9. The vote was reconsidered and the bill passed over veto; yeas 31, nays 14, two-thirds of Senators present voting in the affirmative. (See Cong. Globe, pp. 2169, 2205-2206.)

NOTE. In the two considerations only one was a reconsideration.

The vote on the passage of a bill vetoed by the President may be reconsidered. (J., p. 621; Cong. Globe, pp. 2205, 2206.)

6. A UNANIMOUS-CONSENT AGREEMENT MAY NOT BE, OR WITH

DRAWN.

62d Cong., 3d sess.]

JANUARY 10, 1913.

INTERSTATE SHIPMENT OF LIQUORS.

Mr. SMOOT. Was there a unanimous-consent agreement just entered?
The PRESIDING OFFICER (Mr. Clapp). There was. It was just agreed to.

Mr. SMOOт. I know there are a number of Senators out of the Chamber who did not expect it to come up at this time. I was in my seat, and if I had heard it read I would have objected to the unanimous-consent agreement. I therefore ask that it be reconsidered.

The PRESIDING OFFICER (Mr. Clapp). The Chair understands that it is beyond the power of the Senate. The Chair may be mistaken in that view, but the Chair thinks that it is beyond the power of the Senate to change or interfere with a unanimousconsent agreement after it is made. (See Cong. Record, pp. 1324, 1325.)

7. MOTION FOR, CAN BE LAID ON THE TABLE WITHOUT CARRYING THE BILL OR RESOLUTION WITH IT.

35th Cong., 1st sess.; J., p. 224.]

MARCH 1, 1858.

A motion to reconsider may be laid on the table. (See Cong. Globe, p. 901.) 42d Cong., 2d sess.; J., p. 809.]

MAY 21, 1872. A bill is passed by the Senate; a motion is made to reconsider the vote on the passage of the bill; the motion to reconsider was laid on the table. Held, that the motion to reconsider laid on the table did not carry with it the bill. (See Cong. Globe, pp. 3741, 3742.) Ib.; J.,

p. 974.]

JUNE 6, 1872.

A bill passed the Senate; a motion is made to reconsider the vote on the passage of the bill; a motion is made to lay the motion to reconsider on the table. A question of order is raised: Can a motion to lay a motion to reconsider on the table be made; and if entertained and agreed to, will it carry with it the bill? The Vice President (Mr. Colfax) ruled that the motion was in order, and if agreed to did not affect the bill. (See also Cushing, p. 565; Cong. Globe, p. 3742.)

Ib.; J., p. 974.]

JUNE 6, 1872.

A motion to reconsider the vote on the passage of a bill may be laid on the table without carrying the bill. (See Cong. Globe, pp. 3741, 3742, 4284, 4285.)

44th Cong., 1st sess.; J., pp. 228, 234.]

FEBRUARY 23-24, 1876.

The conference report on House resolution 52, District of Columbia bond bill, was agreed to; a motion to reconsider entered by Mr. Wadleigh; after a brief speech offered to withdraw the motion to reconsider; objected by Mr. Ingalls; question of granting leave to withdraw the motion submitted to the Senate; debate; motion to lay that question (of leave) on the table entertained by the Chair (Mr. Ferry), and was agreed to by yeas and nays. (See Cong. Record, p. 1235.)

Ib.; J., p. 234.]

FEBRUARY 24, 1876.

A motion to reconsider the vote on agreeing to a report of a committee of conference may be laid on the table without carrying the report.

The motion to reconsider was then also laid on the table. (See Cong. Record, p. 1253, 1254.)

8. MOTION FOR, BEING ENTERED holds BILL UNTIL DISPOSED OF. 43d Cong., 1st sess.; J., pp. 438, 439.] APRIL 7, 1874.

A bill (heirs of Ashbury Dickens) passed April 7, 1874; on the same day a motion to reconsider was entered. (See Cong. Record, p. 2857.)

43d Cong., 2d sess.; J., p. 441.]

MARCH 3, 1875.

The above motion to reconsider held the bill before the Senate until the 3d of March, 1875, when it (the motion) was taken up and ordered to lie on the table. Held, that the bill stood passed. (See Cong. Record, p. 2209.)

9. MAY LAY ON TABLE QUESTION OF GRANTING LEAVE TO WITHDRAW MOTION FOR.

44th Cong., 1st sess.; J., p. 228.]

FEBRUARY 23, 1876.

The question of granting leave to withdraw a motion to reconsider may be laid on the table without carrying the motion to reconsider with it. (See Cong. Record, p 1235.)

10. MOTION FOR, CAN BE TAKEN UP SAME DAY.

42d Cong., 2d sess.; J., p. 808.]

MAY 21, 1872.

A motion to reconsider may be taken up on the same day on which it is made, by a vote of the Senate. (See Cong. Globe, pp. 3736, 3738, 3741.)

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