Floor Statements

Mr. Speaker, Veterans Day is the day we honor our veterans who go overseas and they return. Memorial Day is the day we honor our soldiers, our sailors, our airmen who go overseas and they don't return. Monday is Memorial Day, and all Americans should give homage and honor, praise and prayers for those that served and gave up their lives for the rest of us. They gave their youth for our future.

Not far from where we are today, right down The Mall, is the newest memorial on The Mall; it's the World War II Memorial. It's a massive memorial to those World War II--the ``Greatest Generation''--veterans that served. On the back wall there it looks like a bronze plate. And if you get closer, Mr. Speaker, you notice that it's not a bronze plate at all, but there are thousands of stars; 400,000 stars on the World War II Memorial, and each one of those represents a young American that went overseas in the great World War II and did not return; 400,000 Americans. Those are just a few that have served and given their lives.

Patriotism is a good thing. This Memorial Day we praise those who served, and we praise the families of those who served.

And that's just the way it is.

Mr. Speaker, the Navy SEALs are the United States Navy's elite warriors. And last week we learned that they killed the most wanted terrorist of all, Osama bin Laden. Osama bin Laden was the mastermind behind the murders of nearly 3,000 Americans on September 11, 2001. The news of his death brings some comfort to the families of thousands of people who died in the 9/11 attacks and to the families of those who have died in the war on terror. During their recent mission, these SEALs proved that when the peace of our great Nation is threatened, we will stand up and fight.

Throughout the ongoing conflicts in Iraq and Afghanistan, many other SEALs have performed equally heroic deeds. All Navy SEALs are elite commandos demonstrating the epitome of what we have in this country. One such example is local SEAL patriot, Marcus Luttrell, who I am proud to recognize and honor for his contributions to the global war on terrorism.

June 28, 2005 is a date the SEALs will forever remember. It was the worst single-day U.S. forces death toll since Operation Enduring Freedom began and it was the single largest loss of life in Navy SEAL history since World War II. Marcus Luttrell, a sixth generation country boy from Texas, survived to tell

the incredible, harrowing events of that day. He is an amazing Texas patriot and ``lone survivor'' of a horrific gun battle that occurred in the mountains of Afghanistan. On this fateful day, three of Luttrell's friends from SEAL Team TEN, along with 16 Special Forces warriors were killed.

Luttrell was born in Huntsville, Texas in 1975. As a teen growing up in Willis, Texas, he began training at a young age for the SEALs, with a former Green Beret and neighbor, Billy Shelton. Luttrell and his twin brother, Morgan, also a Navy SEAL, trained every day using Shelton's harsh techniques and methods. He taught them to be tough. In addition, Luttrell's dad, a Vietnam veteran, taught his sons about weapons, survival, and swimming. Beau Walsh, Willis High School teacher and former Navy SEAL, prepared them on what to expect in SEAL training. During these years, the Luttrell brothers excelled physically and mentally.

After graduating from Willis High School, Luttrell enrolled at Sam Houston University, but left before graduating because of his desire to serve his country. With faith in God and country, at 23 years old Marcus Luttrell joined the United States Navy. He began Basic Underwater Demolition/SEAL (BUD/S) training with Class 226 in Coronado, California. In 2002, he graduated with Class 228 and became a member of the small, elite military force known as the Navy SEALs. He deployed to Afghanistan in the spring of 2005.

On June 28, 2005, he and three members of SEAL Team TEN were assigned to a covert mission, Operation Red Wing, in the mountainous region of Afghanistan. They were sent in to kill or capture Ahmad Shah, a notorious Taliban leader with ties to Osama bin Laden. The four-man team was made up of Marcus Luttrell, Lt. Michael Murphy, Gunner's Mate 2d Class Danny Dietz and Sonar Technician 2d Class Matthew Axelson.

Shortly into their mission, SEAL Team TEN encountered a small group of unarmed Afghan goat-herders. Although they believed the goat-herders empathized with the Taliban, the team was unable to confirm any threat. Lt. Murphy sought input concerning the goat-herders fate from the team but ultimately made the call to release the herders.

Barely an hour later, the SEALs were ambushed. They came under heavy attack by Taliban insurgents and were easily outnumbered one to twenty- five. The enemy completely encircled them on that desolate cliff. There was one way in and one way out. Despite being wounded, Lt. Michael Murphy left protective cover and stood on a boulder to get a signal to place a phone call back to the base. Under intense fire, Murphy told the base he needed help, provided them with the SEALs location, and relayed the number of Taliban fighters. While he was calling for support, he was shot in the back, but he completed the rescue call while continuing to fire at the enemy. In the midst of chaos, he remained calm and risked his own life to save his team.

Murphy then returned to the safety of the mountain rocks and to his team to continue the fire fight. Ferociously engaged in a two-hour gun battle and running low on ammunition Murphy, Dietz, and Axelson were killed. In the midst of this battle, a MH-47 Chinook helicopter carrying 16 Special Forces crew, including 8 SEALs, were sent to evacuate them. The helicopter was assaulted and shot down with a rocket-propelled grenade fire. All 16 warriors were killed trying to rescue SEAL Team TEN.

These SEALs fought with courage and heroism of entire legions of warriors when attacked by a cowardly, fanatical enemy. These brave Navy SEALs gave the ultimate sacrifice. These SEALs are true patriots. Dietz and Axelson received the Navy Cross posthumously. Lt. Michael Murphy was awarded the Medal of Honor posthumously for his actions and his valor on the battlefield.

Luttrell was the sole survivor. He was blasted over a cliff by an RPG and knocked unconscious. Severely wounded and presumed dead, he managed to crawl seven miles before he reached a tribal village. They gave him shelter, aid and granted him protection under lokhay warkawal, Afghan code that guarantees safety and protection at all costs for a wounded traveler. Luttrell was rescued by the Green Beret six days after the gun fight.

In 2006, he was awarded the Navy Cross for combat heroism for his actions during Operation Red Wing by President George W. Bush. Luttrell remained in the Navy until 2007. In 2009 he was medically retired from the Navy. I cannot say enough about this great man, this American patriot. He is a heroic representative of the State of Texas and an honorable defender of liberty and freedom.

Our young people who go to the valley of the gun and the desert of the sun are relentless, remarkable characters. They go where others fear to tread and where the faint-hearted are not found. These Navy SEAL warriors represent the best of our Nation. The bravery, dedication and patriotism of Luttrell, Murphy, Dietz and Axelson will not be forgotten by their friends, their family and freedom-loving people throughout the world. God bless these sons of America.

And that's just the way it is.

Mr. Speaker, I am honored to congratulate the citizens of Dayton, Texas on the celebration of their city's 100th anniversary. Towns like the quiet, country living, of Dayton, Texas are why so many new people and businesses continue to move to Texas.

Beginning as a small agricultural village, Dayton was home to rugged Texas ranchers, farmers, and loggers. For many years, lumbering and ranching were the main industry until they established a drainage system. This establishment worked to make Rice the area's major crop. Still today, rice farms are still thriving in Southeast Texas. I am proud to represent Texas Rice Farmers, who continue to be hard-working, well-educated, God fearing Americans.

Modern amenities were brought to Dayton at the turn of the 20th century. They opened a bank, had two cotton gins, as well as a weekly newspaper. So much so that in 1911, Dayton was recorded as an incorporated municipality. The 20s roared in with the nearby founding of Humble Oil and Refining Company, which later became Exxon. As a result, Dayton grew along with the refinery when oil roughnecks began purchasing homes in and around the town.

The 1930s and 40s solidified the Greatest Generation in our Nation's history. Dayton is home to many heroes who served in our military during this time. Twelve such heroes who live in Dayton are the Ripkowski brothers. Growing up on a 200 acre Corn and Cotton Farm, they were a long way from the theater they would soon find themselves fighting in. Nonetheless, As World War II began; each of the brothers answered their country's call of duty to serve in the military. One after the other. Miraculously, all of the brothers survived the war and returned to Texas! These brothers are typical of the hard-working, law- abiding Texans that live in Dayton, Texas. They are charter members of the Greatest Generation.

Bringing air conditioning, the baby boom, and the Vietnam War the 1950's and 60's presented many more changes to the small town. The 1970s saw the biggest rise in fame and fortune with the oil boom, but was followed by the biggest fall from grace in the 80s. Nonetheless, Dayton emerged unscathed in the 1990s, and continues today as a unique, thriving, city that is rich in history, pride and perseverance.

Today, farming and logging and oil are still a part of this diverse, vibrant community. Dayton continues to live up to its rich legacy of industry mixed with community spirit. Dayton is a thriving community, home to growing families, excellent schools, community organizations, friendly churches, new library, new community center, rodeo arena and parks.

Dayton, like many other Texas towns, Dayton residents are still heavily involved in supporting our Troops. One such example is the recent creation of two war memorials, each paying tribute to the men and women who have served our country. Patriotism is truly a part of these folks makeup. Never more so was this patriotism demonstrated than on July 10, 2010. At the age of 24, Staff Sergeant Jesse Ainsworth of Dayton, Texas was killed by enemy action in Afghanistan. At his funeral, hundreds of residents lined the streets of Dayton paying tribute to one of their heroes. Many of those on the streets carried flags and yellow ribbons; while others held signs saying ``Proud of You'', ``Proud to be an American'' or ``Thank You.'' As the funeral procession made its way to throughout the town, residents of Dayton, with tearful eyes and grateful hearts, saluted the Ainsworth family.

Dayton's fire and police departments are among the best in Texas. Dayton ISD provides outstanding educational opportunities for

students. Dayton High School is home to a Texas religion-Texas Football. The entire community comes together; people from all walks of life get together every weekend and share in the tears and cheers and root their team to victory.

It is an honor to represent the citizens of Dayton, Texas in the United States House of Representatives. I am proud to have worked with Dayton Mayor Steve Stephens and the city council on numerous projects concerning the city. I commend them for their leadership in helping Dayton grow. I am truly proud to represent this patriotic town.

I look forward to seeing Dayton prosper in the future and wish the city ``Happy Birthday'' as it celebrates its 100th anniversary.

That's just the way it is.

Mr. Speaker, in a failed attempt to play Solomon, the President has decided to split the nation of Israel in two. He wants Israel to give away more land to the Palestinians in the name of peace. Israel has a history of giving up land and still has no peace.

The President's proposal would make Israel a land it could not defend. Prime Minister Netanyahu has said ``nyet'' to the President.

Where does the United States get the omnipotent power to tell any country it should give away part of their sovereign land? What if Netanyahu told us that the United States should divide up our land and swap it among our citizens? We would not stand for such.

The conflict between Israel and the Palestinians must be resolved between the two groups. The U.S. Government should not take the side of the Palestinians over our ally, Israel. Such action lacks wisdom and shows contempt for the people of Israel.

And that's just the way it is.

Mr. Speaker, on the violent Texas/Mexico border, Zeta pirates gunned down David Hartley on the international border of Falcon Lake last year. His wife, Tiffany, was able to escape the shots fired at her. This happened 8 months ago. David is one of 111 Americans murdered in Mexico last year, and none of these cases have been solved.

Tiffany was in D.C. this week trying to find out some answers about her husband's murder. She wants to know why the Federal Government is not investigating this case and also putting pressure on Mexico to do the same. Only Sheriff Sigi Gonzales of Zapata County, TX, seems to be pursuing the criminal case.

However, when ICE Agent Jaime Zapata was murdered in Mexico, the United States quickly, and rightly so, pressured Mexico to investigate the homicide. Our government should be just as concerned about David Hartley and the other Americans murdered in lawless Mexico.

Why is our government apparently missing in action?

Also, President Calderon was in D.C. this week to receive an award. Too bad he didn't stay around long enough to meet with Tiffany and explain to her why his government isn't doing anything to bring the killers of her husband to justice.

And that's just the way it is.

Mr. Speaker, the administration is fighting wildfires. In December, the United States sent two firefighting planes to battle fires in Israel. In April, two specially equipped U.S. Air Force C-130 cargo planes and 30 personnel were sent to battle wildfires in Mexico. The fires in Mexico burned about 380 square miles near the Texas border. The United States came to the rescue.

But not everyone gets help from the United States. A wildfire epidemic has also occurred in Texas, with more than 9,000 fires. Two million acres have been burned. That is the size of Rhode Island and Delaware combined and ten times the size of the fires in Mexico. And the State is still on fire.

Texas Governor Perry requested Federal help, but the administration summarily denied the Governor's request. The administration, it seems, is more concerned about taking care of foreign nations while ignoring Americans in Texas. Why does the administration despise Texas? Meanwhile, the fires continue.

And that's just the way it is.

Mr. Speaker, they are America's angels abroad. They are ambassadors for America, and they are good folks that represent everything that is right about our country. They are the Peace Corps volunteers. And this is the 50th year of the Peace Corps. These are the most wonderful people I think I've ever met.

But there's a problem in the Peace Corps because many times these volunteers go overseas, they help out other countries, but they become victims of crime and victims of sexual assault. In fact, in 2009 there were 122 of them that were victims of sexual assault by predators in foreign countries.

And the problem is there's not much compassion, not much concern, and not much care with the Peace Corps about the plight of these victims according to the victims who testified today.

But those things are changing. Director Williams is committed to making the Peace Corps a safe place for our volunteers overseas. We're going to work with him and these victims to promote legislation so that we will have a protocol that is the law so that they are treated better.

We are the greatest human rights Nation in the world. We promote human rights, but human rights need to also apply to victims in the Peace Corps who are sexually assaulted overseas.

And that's just the way it is.

Mr. Speaker, as I walked onto the battlefield in the hot Texas sun, I journeyed through a sea of buckskin uniforms, Bowie knives and long muskets. I felt like I had died and gone to Heaven.

The men who portrayed Sam's Boys had a certain swagger, a certain something that made them real members of the Texas Army. I even got my picture taken with Captain Juan Seguin, who led the Tejanos, Mexicans loyal for independence. So as not to confuse these Tejanos with Santa Anna's army, General Sam had Seguin put a playing card in the head band of each Tejano so they could easily be recognized.

Seguin and his men were roaming around the battlefield. Cannons, battle cries and the sound of hooves surrounded me. I was like a little boy again.

Thousands of people came from far and wide to celebrate 175 years of Texas independence at the San Jacinto Day Festival and Battle Reenactment. Children and senior citizens alike all gathered to travel back in time and see the reenactment of one of the most decisive battles in all history--and certainly the most decisive battle in Texas history.

Folks lined the battlefield with lawn chairs, umbrellas and water bottles to watch the reenactment of events that led to the Texas victory over the larger Mexican Army on April 21, 1836. I was reminded of how good it feels to be an American--particularly a Texan-American. As the wind blew, history unfolded right in front of our eyes. I felt like I stepped back in time to 1836.

It was 175 years ago that Texas became an independent nation. Like many folks, sometimes I wish that we still were. General Sam and his boys took on Santa Anna and an army of about 1,600 along the marshy banks of the San Jacinto River in the battle that resulted in one of the largest land transfers in world history and gave way to a new independent nation--the Republic of Texas.

After Mexican dictator Santa Anna stormed the walls of the Alamo, and ordered the massacre at Goliad, he felt the Texans had all but been defeated, and he set his sights on finishing the war with the Texans heading southeast in the ``Runaway Scrape.''

During this time, panic spread across Texas and doubt loomed that General Sam Houston could stop the Mexican Army. But, General Sam was not the quitting type and he would not give up his fight for freedom so easily.

The battle for Texas took place on the marshes of the San Jacinto River. On the afternoon of April 21, General Sam's battle plan called for a charge the next day at dawn, but after discussions with his troops he decided not to wait any longer.

Scout Deaf Smith was ordered to burn the only bridge and trapped both armies between the river and the marshes. In broad daylight, General Sam and the boys, 700 Texas freedom fighters, marched double-time in a single line to independence--taking on a professional army more than twice their size.

The Texans charged yelling, ``Remember the Alamo! Remember Goliad!'' They carried a flag of partially nude Miss Liberty, and the fife played a bawdy house song called ``Come to the Bower.'' Santa Anna's army, caught napping, was routed.

Tradition says Santa Anna was having a rendezvous in his tent with a lady that turned out to be a spy for Texas, Emily Morgan, who is sometimes referred to as the ``Yellow Rose of Texas.'' Most of the enemy was killed or wounded; the rest were captured or disappeared. The victory was stunning. The rest, as they say, is Texas history.

General Santa Anna's life was spared to the dismay of many that had lost loved ones at the Alamo and Goliad. But General Sam, noting that Texas was now a free and independent nation, held Santa Anna as a prisoner of war until negotiations between the two countries could be made.

While Texas had declared her independence from Mexico a month earlier on March 2, it was at this moment that she actually became a Republic all unto herself and remained so for nine glorious years.

Texas claimed land as far north as the Canadian border and as far west as Colorado. These historic battlegrounds remain an important part of Texas history, and in 1936, the state of Texas honored the Texas War of Independence and General Sam's victory by erecting a monument modeled after the Washington Monument, but naturally bigger.

I am proud to be a Texan-American. And that weekend, as I saw thousands of people celebrating the 175th anniversary of Texas Independence, I was reminded of how proudly we Texans hail. Because of men like Sam Houston, Texas is the great state that it is today. We must always remember that Texas was once a nation. Texas forever!

And that's just the way it is.

Mr. Speaker, after years of funneling money to Pakistan, we still don't know whose side they are on in this war on terror.

We have given Pakistan $12 billion in foreign aid since 2002. We have reimbursed them $9 billion for their military operations in the war on terror. It's time we freeze the foreign aid to Pakistan until we get some answers about their knowledge of bin Laden's whereabouts.

We cannot continue to give Pakistan money in the hopes they will be our friend and ally. We did not trust them enough to give them advance notice of the bin Laden operation. We even had detailed plans to fight the Pakistanis if they interfered with the capture of bin Laden.

Bin Laden was able to live in a mansion right under the nose of the Pakistan military academy for years, but government officials say they didn't know where bin Laden was. That statement defies the evidence, and that ``dog just won't hunt.''

And that's just the way it is.

Mr. Speaker, wildfires have raged in Texas because of a long drought this year. The town of Possum Kingdom, Texas, population 5,500, has burned up. This is one of the many photographs showing the raging fires throughout the State.

Statewide, two firefighters have been killed; 400 homes have been destroyed. The 9,000 fires have covered over 2,200,000 acres--this is the size of Rhode Island and Connecticut put together--and the costs of the devastating destruction are enormous.

The Governor has asked FEMA for a Federal disaster declaration because of the extensive fires, but the Governor has been turned down by the White House--no more additional help for Texas.

Too bad Texas isn't a foreign country like Pakistan. The Federal Government has shelled out over $500 million for disaster aid to Pakistan citizens for the flooding in their country.

When Washington considers aid, if any, for disaster relief, it should at least consider Americans in Texas just as important as Pakistanis, but that doesn't appear to be the case. Meanwhile, the fires continue to burn in Texas.

And that's just the way it is.

Madam Speaker, Osama bin Laden has met his maker, and we appreciate the Navy SEALs for arranging the meeting, but Pakistan gives us some concern. It seems like Pakistan might be playing both sides, and they have a lot of explaining to do.

For all these years, we believed that Osama bin Laden was on the run, living in a cave; but, apparently, Satan's Pawn has been living for years in a million-dollar compound just yards away from a Pakistani military base, but Pakistan claims no knowledge of Osama bin Laden's whereabouts. I just don't buy it.

I've introduced a bill that would require Congress and the American people to get a full understanding of what Pakistan knew about bin Laden's whereabouts and when they knew it, before we give them any more American money. Congress has already appropriated $3 billion in aid to Pakistan for this year; and unless Pakistan can prove that they were not providing sanctuary for America's number one enemy, they should not receive any American aid.

And that's just the way it is.

Mr. Speaker, the long arm of American justice has found the pawn of Satan. The father of al Qaeda, the leader of terrorists, has met his maker, and May 1, 2011, was judgment day. Osama bin Laden was the emblem of all the evil and hatred that exists in this world. The men and women of our military and intelligence community are to be commended for their persistent, relentless dedication to finding and eliminating this monster from the Earth.

This news brings some comfort to the families of the thousands of people who died in the attacks on September 11 and those who have died in the war on terror.

Bin Laden's death is a decisive victory for America. While this momentous event brings us a sense of satisfaction, we must remember that there are more evildoers in the world who want to continue a crusade of hate and murder.

Those people have heard our message loud and clear today: If you attack America, justice will be done, because justice is what we do in the U.S.A.

And that's just the way it is.

Mr. Speaker, I rise today, during National Crime Victims' Rights Week, to congratulate the winner of the Congressional Victims' Rights Caucus Awards.

Congressman Jim Costa of California and I are the co-founders and co- chairs of the Victims' Rights Caucus, a bi-partisan group of 60 members who work to be a voice for victims' rights in Congress and before the administration.

Last week, we honored six incredible individuals who have made a real difference in the lives of victims and have greatly influenced the victims' rights movement.

Some of the award recipients, including my nominee, Jess Smochek, were victims themselves and are now fighting for other victims' rights and changes in the system.

Jess was terribly beaten, raped, and left for dead while volunteering for the Peace Corps in Bangladesh.

The Peace Corps basically ignored Jess and did nothing to aid her in a time of great need.

Jess found out that other volunteers in the Peace Corps, who were victimized during their service, were treated the same way.

Instead of letting this go on, Jess took her awful experience and decided to advocate for a change in the Peace Corps policy toward victims.

Because of her bravery in speaking out about this tough issue, the national media and Congress are aware of this unacceptable matter and are working with her to push for changes in the Peace Corps.

We honored her with the Suzanne McDaniel Public Awareness Award because of her hard work to ensure no other selfless volunteer in the Peace Corps has to endure this treatment.

Helga Luest is another award recipient who chose to seek change in the system after having a traumatic experience as a crime victim.

After a brutal attack that almost cost her and her mother's lives, Helga began an organization called Witness Justice that works to help victims seek justice and experience healing.

She is able to help countless victims with her first-hand knowledge of trauma and its direct impact on the well being of the individual.

Helga received the Eva Murillo Unsung Hero Award because it truly takes a hero to rise up and use lessons from a terrible situation to help others.

We also recognized heroes in the victims' rights community that directly aid crime victims through their work at shelters and with programs that assist victims and facilitate healing.

Pam Kallsen, nominated by Victims' Rights Caucus Co-Chair Congressman Jim Costa, is the Executive Director of the Marjaree Mason Center in California's Central Valley.

Through her leadership, the Center goes above and beyond traditional services providing legal representation, hotline services, and counseling sessions all of which are critical in responding to and preventing domestic and sexual abuse.

Another exceptional leader in the field is Mary Ellen Stone, the Executive Director of the King County Sexual Assault Resource Center (KCSARC) in Washington State, a position in which she has served since 1979.

Mary Ellen has not only helped KCSARC grow to be the largest sexual assault victims' service organization in the state but has also been involved in transforming the legal and political landscape of sexual assault violence in Washington and throughout the nation.

Without these exemplary individuals, many victims would have nowhere to turn when facing a difficult situation and that is why these two wonderful women received the Ed Stout Memorial Award for Outstanding Victim Advocacy.

A leader on the public policy front, receiving the the Lois Haight Award for Excellence and Innovation is Susan Smith Howley, Director of Public Policy for the National Center for Victims of Crime.

She has devoted the past 20 years to the development and implementation of major crime victim related public policy initiatives at the local, state and national levels.

Not long ago crime victims had few to no rights, and we are still working hard to ensure victims receive all the care and compensation they deserve.

People like Susan, who work to ensure that the government protects innocent victims through creating and promoting innovative policies, are invaluable to victims throughout the country.

Our last award, the Allied Professional Award was presented to Nilda Valmores who has dedicated her life to helping victims of domestic violence.

The shelter where she serves as Executive Director, My Sister's House, focuses on the needs of immigrant Asian/Pacific Islander women and children.

Through Nilda's collaborations with organizations throughout her community, My Sister's House and the larger issue of domestic violence facing immigrant women has received much needed attention.

Congratulations to these amazing people, who are the reason why the victims' rights movement has made so much progress.

And that's just the way it is.

Mr. Speaker, this week is National Crime Victims' Rights Week.

And the month of April is Sexual Assault Awareness Month.

These two occasions remind us of the importance of educating our fellow citizens about how we can help victims of this terrible crime and how we can stop sexual assault before it happens.

According to the National Institute for Justice and the CDC, every two minutes someone in the United States is sexually assaulted.

And one out of every six women has been the victim of an attempted or completed rape in her lifetime.

As both a prosecutor and a judge back in Texas, I dealt with rape cases for 30 years.

I learned firsthand the devastation sexual assault victims experience.

Sexual Assault does not just physically harm the victim but is an assault on their entire being.

We need to promote justice for sexual assault victims here in Congress and throughout this great nation because justice is what we do in America.

Mr. Speaker, pursuant to clause 1, rule I, I demand a vote on agreeing to the Speaker's approval of the Journal.

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.