[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c23_txt-8]
[Page 4546-4548]
CHAPTER 23
Motions
B. MOTIONS TO POSTPONE
Sec. 7. Postponement to a Day Certain
Postponement of Veto Messages to a Day Certain
Sec. 7.1 The debatable motion to postpone further consideration of a
veto message to a day certain is privileged and takes precedence
over the pending question of passing the bill notwithstanding the
objections of the President.
[[Page 4547]]
On Jan. 27, 1970,(7) the House was considering the veto
message on H.R. 13111, the Labor and HEW appropriations for fiscal
1970. The following then took place:
---------------------------------------------------------------------------
7. 116 Cong. Rec. 1367, 1368, 91st Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker Pro Tempore: (8) The objections of the
President will be spread at large upon the Journal, and the message
and bill will be printed as a House document.
---------------------------------------------------------------------------
8. Carl Albert (Okla.).
---------------------------------------------------------------------------
The question is: Will the House, on reconsideration, pass the
bill H.R. 13111, the objections of the President to the contrary
notwithstanding?
The Speaker: The Chair recognizes the gentleman from Texas (Mr.
Mahon).
Motion Offered by Mr. Mahon
Mr. [George H.] Mahon [of Texas]: Mr. Speaker, I move that
further consideration of the veto message from the President be
postponed until tomorrow.
The Speaker Pro Tempore: The gentleman from Texas (Mr. Mahon)
is recognized on his motion.
Sec. 7.2 A Member offering a motion to postpone further consideration
of a veto message to a day certain may seek recognition to move the
previous question thereon.
On June 23, 1970,(9) the House was considering the veto
message on H.R. 11102, the medical facilities construction and
modernization amendments of 1970, when a motion to postpone was
offered:
---------------------------------------------------------------------------
9. 116 Cong. Rec. 20877, 91st Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: (10) The objections of the President
will be spread at large upon the Journal and the message and bill
will be printed as a House document.
---------------------------------------------------------------------------
10. John W. McCormack (Mass.).
---------------------------------------------------------------------------
Mr. [Harley O.] Staggers [of West Virginia]: Mr. Speaker, I
move that further consideration of the veto message of the
President be postponed until Thursday, June 25, 1970.
Mr. Speaker, the reason I ask for this postponement is to serve
notice on all Members of the House and to give everyone an
opportunity to study the veto message and to participate in what I
think is a highly important matter.
Mr. Speaker, I move the previous question on the motion.
The previous question was ordered.
The Speaker: The question is on the motion offered by the
gentleman from West Virginia (Mr. Staggers).
The motion was agreed to.
Sec. 7.3 A veto message postponed to a day certain is the unfinished
business on that day.
On Apr. 14, 1948,(11) the House resumed consideration of
the veto message on H.R. 5052, dealing with the Social Security Act and
the Internal Revenue Code. The
---------------------------------------------------------------------------
11. 94 Cong. Rec. 4427, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
[[Page 4548]]
proper order of business was announced by the Speaker:
The Speaker: (12) The Chair wishes to state the
order of business.
---------------------------------------------------------------------------
12. Joseph W. Martin, Jr. (Mass.).
---------------------------------------------------------------------------
The unfinished business is the further consideration of the
veto message of the President of the United States on the bill
(H.R. 5052) to exclude certain vendors of newspapers or magazines
from certain provisions of the Social Security Act and the Internal
Revenue Code.
The Speaker also indicated that when a veto message postponed to a
day certain is announced as the unfinished business on that day, no
motion is required from the floor for the consideration of such veto;
the question ``Will the House, on reconsideration, pass the bill, the
objections of the President to the contrary notwithstanding'' is the
pending business: (13)
---------------------------------------------------------------------------
13. 94 Cong. Rec. 4427, 4428, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
The Speaker: The question is, Will the House, on
reconsideration, pass the bill, the objections of the President to
the contrary notwithstanding? . . .
The Speaker: The gentleman from California [Mr. Gearhart] is
recognized.
Mr. [Herman P.] Eberharter [of Pennsylvania]: Mr. Speaker, will
the gentleman yield?
Mr. [Bertrand W.] Gearhart: I yield to the gentleman from
Pennsylvania.
Mr. Eberharter: Has the gentleman made a motion to call up the
bill?
Mr. Gearhart: The Parliamentarian advises me that is not
necessary. The Speaker has already stated the issue.
Mr. Eberharter: I just wanted the record to be certain. I did
not hear the gentleman make a motion to call up the bill.
Mr. Gearhart: I believe the gentleman's question has already
been answered.
Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, if the
gentleman will yield, the bill is before the House now
automatically.
Mr. Eberharter: Mr. Speaker, will the gentleman yield for a
parliamentary inquiry?
Mr. Gearhart: Gladly.
The Speaker: The Chair will state that he has already put the
question, but he will repeat it if the gentleman desires.
Mr. Eberharter: No. I just want to have the record straight.
The Speaker: The veto message was originally read on April 6,
and the request of the gentleman from California was that it be
reread for the information of the House. Previous to that request
the Chair had stated that the question before the House was, Will
the House, on reconsideration, pass the bill, the objections of the
President to the contrary notwithstanding?
The gentleman will proceed.