[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c30_txt-28]                         

[Page 11604-11605]
 
                               CHAPTER 30
 
                                 Voting
 
               C. YEAS AND NAYS AND OTHER VOTES OF RECORD
 
Sec. 27. Interruption of Vote

For Parliamentary Inquiry

Sec. 27.1 The Speaker has permitted the interruption of a yea and nay 
    vote for a parliamentary inquiry where no Member had as yet 
    responded to his name when called.

    On June 27, 1935,<SUP>(11)</SUP> the House voted on the passage of 
a bill (H.R. 8555) to develop a strong merchant marine, among other 
purposes. A division having been demanded, there were--ayes 145, noes 
131. Mr. William D. McFarlane, of Texas, then demanded the yeas and 
nays.
---------------------------------------------------------------------------
11. 79 Cong. Rec. 10288, 10289, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

    Immediately thereafter, the following proceedings occurred:

        Mr. McFarlane: Mr. Speaker, I demand the yeas and nays.
        The yeas and nays were ordered.
        The Clerk proceeded to call the roll.
        Mr. [Ralph O.] Brewster [of Maine]: Mr. Speaker--
        The Speaker: <SUP>(12)</SUP> For what purpose does the 
    gentleman from Maine rise?
---------------------------------------------------------------------------
12. Joseph W. Byrns (Tenn.).

---------------------------------------------------------------------------

[[Page 11605]]

        Mr. Brewster: To propound a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Brewster: Mr. Speaker, it was my intention to offer a 
    motion to recommit.
        Mr. [Thomas L.] Blanton [of Texas]: Mr. Speaker, I rise to a 
    point of order. The Clerk has already begun the calling of the roll 
    and has called the first name, ``Allen.'' I make the point of order 
    the gentleman from Maine cannot interrupt the roll call.
        The Speaker: The Chair overrules the point of order. The 
    gentleman from Maine is entitled to propound a legitimate 
    parliamentary inquiry, and the Chair presumes that the inquiry 
    propounded is a proper one. The gentleman from Maine will state his 
    parliamentary inquiry.
        Mr. Brewster: Mr. Speaker, do I understand that a motion to 
    recommit cannot be submitted at this stage?
        The Speaker: Such a motion is not in order at this time.
        The inquiry having been answered, the question was then taken 
    by the yeas and nays.<SUP>(13)</SUP>
---------------------------------------------------------------------------
13. The Chair has also permitted a parliamentary inquiry where the yeas 
        and nays had been ordered but the Clerk had not yet been 
        directed to call the roll. See Sec. 27.2, infra.
---------------------------------------------------------------------------

For Unanimous--consent Request

Sec. 27.2 A yea and nay vote having been ordered, the Chair declined to 
    entertain a unanimous-consent request before the Clerk called the 
    roll.

    On May 3, 1940,<SUP>(14)</SUP> the House considered an amendment 
adopted in the Committee of the Whole to a bill (H.R. 5435) to amend 
the Fair Labor Standards Act of 1938. The Chair having put the question 
on agreeing to the amendment, the following proceedings occurred:
---------------------------------------------------------------------------
14. 86 Cong. Rec. 5499, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        Mrs. [Mary T.] Norton [of New Jersey]: Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were ordered.
        Mr. [Frank H.] Buck [of California]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: <SUP>(15)</SUP> The gentleman will 
    state it.
---------------------------------------------------------------------------
15. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        Mr. Buck: On what is the vote by yeas and nays ordered?
        The Speaker Pro Tempore: On the amendment as amended in 
    Committee of the Whole.
        Mr. [Joseph W.] Martin [Jr. of Massachusetts]: I wanted the 
    House to have the benefit of that knowledge.
        Mr. [Francis H.] Case of South Dakota: Mr. Speaker----
        The Speaker Pro Tempore: For what purpose does the gentleman 
    rise?
        Mr. Case of South Dakota: To [make] a unanimous-consent 
    request.
        The Speaker Pro Tempore: The yeas and nays have been ordered. 
    The Chair will not entertain a unanimous-consent request at this 
    time.
        A parliamentary inquiry then followed, after which the Clerk 
    was directed to call the roll.

[[Page 11606]]