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Title: Robert's rules of order revised
for deliberative assemblies
Author: Henry M. Robert
Release date: April 29, 2025 [eBook #75990]
Language: English
Original publication: Chicago: Scott, Foresman and Company, 1876
Credits: Will Cohen, A Marshall and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)
*** START OF THE PROJECT GUTENBERG EBOOK ROBERT'S RULES OF ORDER REVISED ***
TRANSCRIBER’S NOTE
Italic text is denoted by _underscores_.
Bold text is denoted by =equal signs=.
Footnote anchors are denoted by {number}, and the footnotes have
been placed at the end of the related paragraph. Numbers in brackets
[number] are references to the section of that number.
Some minor changes to the text are noted at the end of the book.
ROBERT’S
RULES OF ORDER
REVISED
FOR
DELIBERATIVE ASSEMBLIES
PART I
RULES OF ORDER
A COMPENDIUM OF PARLIAMENTARY LAW, BASED UPON THE RULES
AND PRACTICE OF CONGRESS
PART II
ORGANIZATION AND CONDUCT
OF BUSINESS
A SIMPLE EXPLANATION OF THE METHODS OF ORGANIZING AND
CONDUCTING THE BUSINESS OF SOCIETIES, CONVENTIONS,
AND OTHER DELIBERATIVE ASSEMBLIES
BY
GENERAL HENRY M. ROBERT
U. S. ARMY
INCLUSIVE OF ROBERT’S RULES OF ORDER
SEVEN HUNDRED AND TWENTY-SECOND THOUSAND
SCOTT, FORESMAN AND COMPANY
CHICAGO ATLANTA NEW YORK
COPYRIGHT, 1915
BY HENRY M. ROBERT
_All Rights Reserved_
[Copyrights of the Pocket Manual of Rules of Order
(Robert’s Rules of Order)
Copyright, 1876, 1893, 1904, 1918, 1921
By H. M. ROBERT]
TABLE OF CONTENTS
PAGE
=Order of Precedence of Motions= 5
=Table of Rules Relating to Motions= 6
=Preface= 13
=Introduction.=
Parliamentary Law 15
Plan of the Work 20
Definitions 22
Part I.—Rules of Order.
Art. I.—How Business is Conducted in Deliberative Assemblies.
§ 1. Introduction of Business 25
2. What Precedes Debate 26
3. Obtaining the Floor 27
4. Motions and Resolutions 33
5. Seconding Motions 36
6. Stating the Question 38
7. Debate 38
8. Secondary Motions 40
9. Putting the Question and Announcing the Vote 40
10. Proper Motions to Use to Accomplish Certain Objects 43
Art. II.—General Classification of Motions.
§ 11. Main or Principal Motions 51
12. Subsidiary Motions 54
13. Incidental Motions 56
14. Privileged Motions 57
15. Some Main and Unclassified Motions 58
Art. III.—Privileged Motions.
§ 16. Fix the Time to which the Assembly shall Adjourn 59
17. Adjourn 60
18. Take a Recess 64
19. Questions of Privilege 66
20. General and Special Orders and a Call for the Orders of
the Day 68
Art. IV.—Incidental Motions.
§ 21. Questions of Order and Appeal 78
22. Suspension of the Rules 83
23. Objection to the Consideration of a Question 87
24. Division of a Question, and Consideration by Paragraph or
Seriatim 89
25. Division of the Assembly, and Motions relating to Methods
of Voting, or to Closing or Reopening the Polls 95
26. Motions relating to Methods of Making, or to Closing or to
Reopening Nominations 96
27. Requests growing out of Business Pending or that has just
been pending, as, a Parliamentary Inquiry, a Request for
Information, for Leave to Withdraw a. Motion, to Read Papers,
to be Excused from a Duty, or for any other Privilege 97
Art. V.—Subsidiary Motions.
§ 28. Lay on the Table 104
29. The Previous Question 111
30. Limit or Extend Limits of Debate 118
31. Postpone Definitely, or to a Certain Time 121
32. Commit or Refer, or Recommit 125
33. Amend 134
34. Postpone Indefinitely 152
Art. VI.—Some Main and Unclassified Motions.
§ 35. Take from the Table 154
36. Reconsider 156
37. Rescind 169
38. Renewal of a Motion 171
39. Ratify 173
40. Dilatory, Absurd, or Frivolous Motions 174
41. Call of the House 175
Art. VII.—Debate.
§ 42. Debate 178
43. Decorum in Debate 180
44. Closing and Preventing Debate 182
45. Principles of Debate and Undebatable Motions 184
Art. VIII.—Vote.
§ 46. Voting 188
47. Votes that are Null and Void even if Unanimous 201
48. Motions requiring more than a Majority Vote 202
Art. IX.—Committees and Boards.
§ 49. Committees Classified 206
50. Boards of Managers, etc., and Executive Committees 207
51. Ex-Officio Members of Boards and Committees 210
52. Committees, Special and Standing 211
53. Reception of Reports 220
54. Adoption or Acceptance of Reports 223
55. Committee of the Whole 229
56. As if in Committee of the Whole 233
57. Informal Consideration 234
Art. X.—The Officers and the Minutes.
§ 58. Chairman or President 236
59. Secretary or Clerk 244
60. The Minutes 247
61. Executive Secretary 250
62. Treasurer 251
Art. XI.—Miscellaneous.
§ 63. Session 253
64. Quorum 257
65. Order of Business 261
66. Nominations and Elections 263
67. Constitutions, By-laws, Rules of Order, and Standing Rules 264
68. Amendments of Constitutions, By-laws, and Rules of Order 269
Part II.—Organization, Meetings, and Legal Rights of Assemblies.
Art. XII.—Organization and Meetings.
§ 69. An Occasional or Mass Meeting.
(_a_) Organization 275
(_b_) Adoption of Resolutions 277
(_c_) Committee to draft Resolutions 280
(_d_) Semi-Permanent Mass Meeting 283
70. A Permanent Society.
(_a_) First Meeting 284
(_b_) Second Meeting 286
(_c_) Regular Meeting 291
71. Meeting of a Convention.
(_a_) An Organized Convention 292
(_b_) A Convention not yet Organized 296
Art. XIII.—Legal Rights of Assemblies and Trial of Their Members.
§ 72. Right of an Assembly to Punish its Members 299
73. Right of an Assembly to Eject any one from its Place of
Meeting 299
74. Rights of Ecclesiastical Tribunals 300
75. Trial of Members of Societies 302
=Plan for Study of Parliamentary Law.=
Introduction 305
Lesson Outlines 308
=Index= 313
ORDER OF PRECEDENCE OF MOTIONS.
The ordinary motions rank as follows, the lowest in rank being at the
bottom and the highest at the top of the list. When any one of them
is immediately pending the motions above it in the list are in order,
and those below are out of order. Those marked (⅔) require a ⅔ vote
for their adoption: the others require only a majority.
{Fix the Time to which to Adjourn }
{ (when privileged).{1}{2} }
{Adjourn (when privileged).{2} }
{Take a Recess (when privileged).{1}{2} } Privileged{2}
{Raise a Question of Privilege. }
Undebatable {Call for the Orders of the Day. }
{ }
{Lay on the Table.
{Previous Question (⅔). }
{Limit or Extend Limits of Debate (⅔).{1} }
}
{Postpone to a Certain Time.{1} } Subsidary
{Commit or Refer.{1} }
Debatable {Amend.{1} }
{Postpone Indefinitely. }
{
{A Main Motion.{1}
{1} Can be amended: the others cannot be amended.
{2} The first three motions are not always privileged. To _Fix the
Time to which to Adjourn_ is privileged only when made while another
question is pending, and in an assembly that has made no provision
for another meeting on the same or the next day. To _Adjourn_
loses its privileged character and is a main motion if in any way
qualified, or if its effect, if adopted, is to dissolve the assembly
without any provision for its meeting again. To _Take a Recess_ is
privileged only when made while other business is pending.
TABLE OF RULES RELATING TO MOTIONS
Answering 300 Questions in Parliamentary Practice
| Section in Rules of Order, Revised.
| | =Explanation of the Table.=--The rules at
| | the head of the 8 columns apply to all
| | original main motions, and to all other
| | cases except where a star (★) or a figure
| | indicates that the motion is an exception
| | to these rules. The star shows that the
| | exact opposite of the rule at the head of
| | the column applies to the motion, and a
| | figure refers to a note which explains the
| | extent of the exception. For example, “Lay
| | on the Table”; the Table shows that §28 of
| | the Manual treats of this motion; that it is
| | “undebatable” and “cannot be amended”; that
| | “no subsidiary motion can be applied” to it;
| | and that it “cannot be reconsidered”;--the
| | fact that the 4 other columns have no stars
| | or figures shows that the: rules at the head
| | of these columns apply to this motion, to
| | Lay on the Table, the same as to original
| | main motions.
| | [=See pages 11 and 12 for a fuller explanation.=]
| | | Debatable.
| | | | Debate Confined to Pending
| | | | Question.
| | | | | Can be Amended.
| | | | | | Subsidiary Motion can be
| | | | | | Applied.
| | | | | | | Can be Reconsidered.
| | | | | | | | Requires only
| | | | | | | | a Majority
| | | | | | | | Vote.
| | | | | | | | | Must be
| | | | | | | | | Seconded.
| | | | | | | | | | Out
| | | | | | | | | | of
| | | | | | | | | | Order
| | | | | | | | | | when
| | | | | | | | | | Another
| | | | | | | | | | has
| | | | | | | | | | Floor.
| | | | | | | | | |
+----+----------------+----+----+----+----+----+----+----+-------+
| 17 |Adjourn (when | | | | | | | | |
| |privileged) 1 | ★ | -- | ★ | ★ | ★ | -- | -- | -- |
| 54 |Adopt (Accept | | | | | | | | |
| |or Agree to) a | | | | | | | | |
| |Report | -- | -- | -- | -- | -- | -- | -- | -- |
| 67 |Adopt | | | | | | | | |
| |Constitutions, | | | | | | | | |
| |By-laws, Rules | | | | | | | | |
| |of Order | -- | -- | -- | -- | 2 | -- | -- | -- |
| 67 |Adopt Standing | | | | | | | | |
| |Rules | -- | -- | -- | -- | -- | -- | -- | -- |
| | | | | | | | | | |
| 33 |Amend 3 | 4 | -- | -- | -- | -- | -- | -- | -- |
| 33 |Amend an | | | | | | | | |
| |Amendment | 4 | -- | ★ | -- | -- | -- | -- | -- |
| 68 |Amend | | | | | | | | |
| |Constitutions, | | | | | | | | |
| |By-laws, Rules | | | | | | | | |
| |of Order | -- | -- | -- | -- | 2 | 5 | -- | -- |
| 67 |Amend Standing | | | | | | | | |
| |Rules | -- | -- | -- | -- | -- | 6 | -- | -- |
| | | | | | | | | | |
| 21 |Appeal, | | | | | | | | |
| |relating to | | | | | | | | |
| |Indecorum, | | | | | | | | |
| |etc. 7 | ★ | -- | ★ | -- | -- | -- | -- | ★ |
| 21 |Appeal, all | | | | | | | | |
| |other cases | -- | -- | ★ | -- | -- | -- | -- | ★ |
| 33 |Blanks, Filling | -- | -- | ★ | -- | -- | -- | ★ | -- |
| 32 |Commit or | | | | | | | | |
| |Refer, or | | | | | | | | |
| |Recommit | -- | -- | -- | -- | 8 | -- | -- | -- |
| | | | | | | | | | |
| 30 |Debate, to | | | | | | | | |
| |Close, Limit, | | | | | | | | |
| |or Extend 9 | ★ | -- | -- | -- | -- | ★ | -- | -- |
| 25 |Division of | | | | | | | | |
| |the Assembly | ★ | -- | ★ | ★ | ★ | -- | ★ | ★ |
| 24 |Division of | | | | | | | | |
| |the Question | ★ | -- | -- | -- | ★ | -- | 10 | 10 |
| 16 |Fix the Time | | | | | | | | |
| |to which to | | | | | | | | |
| |Adjourn 1 | 11 | -- | -- | -- | -- | -- | -- | -- |
| | | | | | | | | | |
| 57 |Informal | | | | | | | | |
| |Consideration | | | | | | | | |
| |of a Question | -- | -- | ★ | -- | 2 | -- | -- | -- |
| 28 |Lay on the | | | | | | | | |
| |Table | ★ | -- | ★ | ★ | ★ | -- | -- | -- |
| 21 |Leave to | | | | | | | | |
| |Continue | | | | | | | | |
| |Speaking after | | | | | | | | |
| |Indecorum | ★ | -- | ★ | ★ | -- | -- | -- | -- |
| 11 |Main Motion or | | | | | | | | |
| |Question | -- | -- | -- | -- | -- | -- | -- | -- |
| | | | | | | | | | |
| 26 |Nominations, | | | | | | | | |
| |to Make | -- | -- | ★ | -- | ★ | -- | ★ | -- |
| 26 |Nominations, | | | | | | | | |
| |to Close | ★ | -- | -- | -- | ★ | ★ | -- | -- |
| 26 |Nominations, | | | | | | | | |
| |to Reopen | ★ | -- | -- | -- | 2 | -- | -- | -- |
| 23 |Objection to | | | | | | | | |
| |Consideration | | | | | | | | |
| |of a Question | ★ | -- | ★ | ★ | 2 | 12 | ★ | ★ |
| | | | | | | | | | |
| 21 |Order, | | | | | | | | |
| |Questions of | ★ | -- | ★ | ★ | ★ | -- | ★ | ★ |
| 20 |Order, to Make | | | | | | | | |
| |a Special | -- | -- | -- | -- | -- | ★ | -- | -- |
| 20 |Orders of the | | | | | | | | |
| |Day, to Call | | | | | | | | |
| |for | ★ | -- | ★ | ★ | ★ | -- | ★ | ★ |
| 20 |Order of the | | | | | | | | |
| |Day, when | | | | | | | | |
| |pending | -- | -- | -- | -- | -- | -- | -- | -- |
| | | | | | | | | | |
| 27 |Parliamentary | | | | | | | | |
| |Inquiry | ★ | -- | ★ | ★ | ★ | -- | ★ | ★ |
| 31 |Postpone | | | | | | | | |
| |Definitely, or | | | | | | | | |
| |to a Certain | | | | | | | | |
| |Time | -- | -- | -- | -- | -- | -- | -- | -- |
| 34 |Postpone | | | | | | | | |
| |Indefinitely | -- | ★ | ★ | -- | 13 | -- | -- | -- |
| 29 |Previous | | | | | | | | |
| |Question 14 | ★ | -- | ★ | ★ | 15 | ★ | -- | -- |
| | | | | | | | | | |
| 19 |Privilege, | | | | | | | | |
| |to Raise | | | | | | | | |
| |Questions of | ★ | -- | ★ | ★ | ★ | -- | ★ | ★ |
| 19 |Privilege, | | | | | | | | |
| |Questions of, | | | | | | | | |
| |when pending | -- | -- | -- | -- | -- | -- | -- | -- |
| 27 |Reading Paper | ★ | -- | ★ | ★ | -- | -- | -- | -- |
| 18 |Recess, to | | | | | | | | |
| |Take a (when | | | | | | | | |
| |privileged) 1 | 11 | -- | -- | -- | ★ | -- | -- | -- |
| | | | | | | | | | |
| 36 |Reconsider 16 | 4 | 17 | ★ | -- | ★ | -- | -- | ★ |
| 37 |Rescind or | | | | | | | | |
| |Repeal | -- | ★ | -- | -- | 2 | 18 | -- | -- |
| 33 |Substitute | | | | | | | | |
| |(same as Amend) | -- | -- | -- | -- | -- | -- | -- | -- |
| 22 |Suspend the | | | | | | | | |
| |Rules | ★ | -- | ★ | ★ | ★ | ★ | -- | -- |
| | | | | | | | | | |
| 35 |Take from the | | | | | | | | |
| |Table | ★ | -- | ★ | ★ | ★ | -- | -- | -- |
| 22 |Take up a | | | | | | | | |
| |Question out | | | | | | | | |
| |of its Proper | | | | | | | | |
| |Order | ★ | -- | ★ | ★ | ★ | ★ | -- | -- |
| 25 |Voting, | | | | | | | | |
| |Motions | | | | | | | | |
| |relating to | ★ | -- | -- | -- | -- | -- | -- | -- |
| 27 |Withdraw a | | | | | | | | |
| |Motion, Leave | | | | | | | | |
| |to | ★ | -- | ★ | ★ | 2 | -- | ★ | -- |
+----+----------------+----+----+----+----+----+----+----+-------+
NOTES TO TABLE
1 See last footnote on page 5.
2 An affirmative vote on this motion cannot be reconsidered.
3 An Amendment may be made (_a_) by _inserting_ (or _adding_) words
or paragraphs; (_b_) by _striking out_ words or paragraphs; (_c_)
by _striking out certain words_ and _inserting others_; or (_d_)
by _substituting_ one or more paragraphs for others, or an entire
resolution for another, on the same subject.
4 Undebatable when the motion to be amended or reconsidered is
undebatable.
5 Constitutions, By-Laws, and Rules of Order before adoption are in
every respect main motions and may be amended by majority vote. After
adoption they require previous notice and ⅔ vote for amendment.
6 Standing Rules may be amended at any time by a majority vote if
previous notice has been given, or by a ⅔ vote without notice.
7 An Appeal is undebatable only when made while an undebatable
question is pending, or when relating to indecorum, or to
transgressions of the rules of speaking, or to the priority of
business. When debatable, only one speech from each member is
permitted. On a tie vote the decision of the chair is sustained.
8 Cannot be reconsidered after the committee has taken up the
subject, but by ⅔ vote the committee at any time may be discharged
from further consideration of the question.
9 These motions may be moved whenever the immediately pending
question is debatable, and they apply only to it, unless otherwise
specified.
10 If resolutions or propositions relate to different subjects which
are independent of each other, they must be divided on the request
of a single member, which can be made when another has the floor. If
they relate to the same subject and yet each part can stand alone,
they may be divided only on a regular motion and vote.
11 Undebatable if made when another question is before the assembly.
12 The objection can be made only when the question is first
introduced, before debate. A ⅔ vote must be opposed to the
consideration in order to sustain the objection.
13 A negative vote on this motion cannot be reconsidered.
14 The Previous Question may be moved whenever the immediately
pending question is debatable or amendable. The questions upon which
it is moved should be specified; if not specified, it applies only
to the immediately pending question. If adopted it cuts off debate
and at once brings the assembly to a vote on the immediately pending
question and such others as are specified in the motion.
15 Cannot be reconsidered after a vote has been taken under it.
16 The motion to reconsider can be made while any other question
is before the assembly, and even while another has the floor, or
after it has been voted to adjourn, provided the assembly has not
been declared adjourned. It can be moved only on the day, or the
day after, the vote which it is proposed to reconsider was taken,
and by one who voted with the prevailing side. Its consideration
cannot interrupt business unless the motion to be reconsidered takes
precedence of the immediately pending question. Its rank is the
same as that of the motion to be reconsidered, except that it takes
precedence of a general order, or of a motion of equal rank with
the motion to be reconsidered, provided their consideration has not
actually begun.
17 Opens to debate main question when latter is debatable.
18 Rescind is under the same rules as to amend something already
adopted. See notes 2, 5, and 6, above.
ADDITIONAL RULES
_Incidental Motions._ Motions that are incidental to pending motions
take precedence of them and must be acted upon first. [See 13 for
list of these motions.]
No privileged or subsidiary motion can be laid on the table,
postponed definitely or indefinitely, or committed. When the main
question is laid on the table, etc., all adhering subsidiaries go
with it.
EXPLANATION OF THE TABLE OF RULES RELATING TO MOTIONS.
Every one expecting to take an active part in meetings of a
deliberative assembly should become sufficiently familiar with the
Order of Precedence of Motions, page 5, and the Table of Rules,
pages 6-10, to be able to refer to them quickly. This familiarity
can only be acquired by actual practice in referring to these tables
and finding the rulings on the various points covered by them in
regard to various motions. These six pages contain an epitome of
parliamentary law. The Order of Precedence of Motions should be
committed to memory, as it contains all of the privileged and
subsidiary motions, 12 in number, arranged in their order of rank,
and shows in regard to each motion whether it can be debated or
amended, and what vote it requires, and under what circumstances it
can be made.
In the Table of Rules the headings to the 8 columns are rules or
principles which are applicable to all original main motions, and
should be memorized. They are as follows: (1) Original Main Motions
are debatable; (2) debate must be confined to the immediately pending
question; (3) they can be amended; (4) all subsidiary motions can be
applied to them; (5) they can be reconsidered; (6) they require only
a majority vote for their adoption; (7) they must be seconded; and
(8) they are not in order when another has the floor. Whenever any
of the 44 motions in the Table differs from a main motion in regard
to any of these rules, the exception is indicated by a star (★) or a
figure in the proper column opposite that motion. A star shows that
the exact opposite of the rule at the head of the column applies to
the motion. A figure refers to a note which explains the extent of
the exception. A blank shows that the rule at the head of the column
applies, and therefore that the motion is in this respect exactly
like a main motion. Some of the motions are followed by figures
not in the columns: these figures refer to notes giving useful
information in regard to these motions.
The Table of Rules is constructed upon the theory that it is best
to learn the general principles of parliamentary law as applied to
original main motions, and then to note in what respects each other
motion is an exception to these general rules. Thus, the motion to
postpone definitely, or to a certain time, has no stars or figures
opposite it, and therefore it is subject to all of the above 8 rules
the same as any main motion: to postpone indefinitely has two stars
and the number 13 opposite to it, showing that the rules at the
head of these three columns do not apply to this motion. The first
star shows that debate is not confined to the motion to postpone
indefinitely, but that the main motion is also open to debate; the
second star shows that the motion to postpone indefinitely cannot
be amended; and the number 13 refers to a note which shows that a
negative vote on this motion cannot be reconsidered.
As has previously been stated, a star shows that the motion, instead
of being subject to the rule at the head of the column, is subject
to a rule exactly the reverse. Stars in the various columns,
therefore, mean that the motions are subject to the following rules:
(1) undebatable; (2) opens main question to debate; (3) cannot be
amended; (4) no subsidiary motion can be applied; (5) cannot be
reconsidered; (6) requires a two-thirds vote; (7) does not require to
be seconded; and (8) in order when another has the floor.
PREFACE.
A work on parliamentary law is needed, based, in its general
principles, upon the rules and practice of Congress, but adapted, in
its details, to the use of ordinary societies. Such a work should
give not only the methods of organizing and conducting meetings,
the duties of officers, and names of ordinary motions, but also a
systematic statement in reference to each motion, as to its object
and effect; whether it can be amended or debated; if debatable,
the extent to which it opens the main question to debate; the
circumstances under which it can be made, and what other motions can
be made while it is pending. Robert’s Rules of Order (published in
1876, slight additions being made in 1893) was prepared with a hope
of supplying the above information in a condensed and systematic
form, each rule being complete in itself, or giving references to
every section that in any way qualifies it, so that a stranger to the
work can refer to any special subject with safety.
The fact that during these thirty-nine years a half million copies of
these Rules have been published would indicate that there is a demand
for a work of this kind. But the constant inquiries from all sections
of the country for information concerning proceedings in deliberative
assemblies that is not contained in Rules of Order, seems to demand a
revision and enlargement of the manual. To meet this want, the work
has been thoroughly revised and enlarged, and, to avoid confusion
with the old Rules, is published under the title of “Robert’s Rules
of Order Revised.”
The object of Rules of Order is to assist an assembly to accomplish
in the best possible manner the work for which it was designed. To
do this it is necessary to restrain the individual somewhat, as the
right of an individual, in any community, to do what he pleases, is
incompatible with the interests of the whole. Where there is no law,
but every man does what is right in his own eyes, there is the least
of real liberty. Experience has shown the importance of definiteness
in the law; and in this country, where customs are so slightly
established and the published manuals of parliamentary practice so
conflicting, no society should attempt to conduct business without
having adopted some work upon the subject as the authority in all
cases not covered by its own special rules.
While it is important that an assembly has good rules, it is
more important that it be not without some rules to govern its
proceedings. It is much more important, for instance, that an
assembly has a rule determining the rank of the motion to postpone
indefinitely, than that it gives this motion the highest rank of
all subsidiary motions except to lay on the table, as in the U.
S. Senate; or gives it the lowest rank, as in the U. S. House of
Representatives; or gives it equal rank with the previous question,
to postpone definitely, and to commit, so that if one is pending none
of the others may be moved, as under the old parliamentary law. This
has been well expressed by one of the greatest of English writers
on parliamentary law: “Whether these forms be in all cases the most
rational or not is really not of so great importance. It is much more
material that there should be a rule to go by than what that rule is;
that there may be a uniformity of proceeding in business, not subject
to the caprice of the chairman or captiousness of the members. It is
very material that order, decency, and regularity be preserved in a
dignified public body.”
H. M. R.
_February_, 1915.
INTRODUCTION.
PARLIAMENTARY LAW.
=Parliamentary Law= refers originally to the customs and rules for
conducting business in the English Parliament; and thence to the
usages of deliberative assemblies in general. In England these usages
of Parliament form a part of the unwritten law of the land, and in
our own legislative bodies they are of authority in all cases where
they do not conflict with existing rules or precedents.
But as a people we have not the respect which the English have for
customs and precedents, and are always ready for such innovations as
we think are improvements; hence changes have been and are constantly
being made in the written rules which our legislative bodies have
found best to adopt. As each house adopts its own rules, the result
is that the two houses of the same legislature do not always agree
in their practice; even in Congress the order of precedence of
motions is not the same in both houses, and the previous question
is admitted in the House of Representatives but not in the Senate.
As a consequence of this, the exact method of conducting business
in any particular legislative body is to be obtained only from the
Legislative Manual of that body.
The vast number of societies—political, literary, scientific,
benevolent, and religious—formed all over the land, though not
legislative, are deliberative in character, and must have some system
of conducting business and some rules to govern their proceedings,
and are necessarily subject to the common parliamentary law where
it does not conflict with their own special rules. But as their
knowledge of parliamentary law has been obtained from the usages in
this country, rather than from the customs of Parliament, it has
resulted that these societies have followed in part the customs of
our own legislative bodies, and our people have thus been educated
under a system of parliamentary law which is peculiar to this
country, and yet so well established as to supersede the English
parliamentary law as the common law of ordinary deliberative
assemblies.
The practice of the National House of Representatives should have
the same force in this country as the usages of the House of Commons
have in England, in determining the general principles of the common
parliamentary law of the land, were it not for the fact that while
the English Parliament has continued to be a strictly deliberative
assembly, the business of our House of Representatives has grown so
enormously that it has been obliged to make such changes in its rules
and practice as will allow the majority to suppress the debate, if
there has been previous debate, and if there has been none, to limit
the debate to forty minutes; and also to suppress a question for
the session even without any debate. These deviations from the old
parliamentary law, while necessary in the House of Representatives,
are in violation of the fundamental right of a deliberative assembly
to have questions thoroughly discussed before it is called upon to
take action upon them, unless a large majority, at least two-thirds,
is prepared to act at once. In ordinary deliberative assemblies the
right to debate questions before taking final action upon them should
never be suppressed by less than a two-thirds vote, and the motion to
lay on the table should be used only for its legitimate parliamentary
purpose of laying aside a question temporarily.
Where the practice of Congress differs from that of Parliament, the
common law of this country usually follows the practice of Congress.
Thus, in every American deliberative assembly having no rules for
conducting business, the motion to adjourn, when it does not dissolve
the assembly, would be decided to be undebatable, as in Congress, the
English parliamentary law to the contrary notwithstanding; so if the
previous question were negatived, the debate upon the subject would
continue, as in Congress, whereas in Parliament the subject would
be immediately dismissed; so, too, the previous question could be
moved when there was before the assembly a motion either to commit,
or to postpone definitely or indefinitely, just as in Congress,
notwithstanding that, according to English parliamentary law, the
previous question could not be moved under such circumstances.
The old common parliamentary law gives the same rank to the motions
for the previous question, to postpone definitely, to commit, and
to postpone indefinitely, so that no one of them can be moved while
another one of them is pending; the House makes them rank in the
order just named; while the Senate does not admit the motion for the
previous question, and makes to postpone indefinitely outrank all
the others. The practice of the House in this matter establishes the
parliamentary law of this country, as it does in all cases where
its practice is not due to the great quantity of its business or
the necessities of party government. This may be illustrated by the
motions to lay on the table and the previous question. The House
of Representatives has completely changed the use of the motion to
lay on the table from that of merely laying aside a question until
the assembly chooses to resume its consideration [see foot note,
=28=], to a motion to kill the pending proposition. To make it more
effective for this purpose, they have allowed it to be made before
the member reporting a bill from the committee is allowed to speak,
and when a question is laid upon the table it cannot be taken up
except by suspending the rules, which requires a two-thirds vote. For
reasons previously given, such rules are necessary in Congress, but
in ordinary assemblies they would do more harm than good. The same
vote should be required (two-thirds vote) to stop debate and bring
the assembly to a vote on the final disposition of the question,
whether the intention is to adopt or to reject the proposition. The
previous question and the motion to lay on the table require the same
vote in Congress, and should in all assemblies where to lay on the
table is used for killing propositions.
The modifications made by the House in regard to the previous
question have made that motion extremely simple and useful, and its
practice establishes the parliamentary law of the country as to
the previous question, except in respect to its being ordered by a
majority vote and forty minutes’ debate being allowed after it has
been ordered, if the proposition has not been previously debated. It
is necessary in Congress for the majority to have the power to close
debate, but, such a power being in conflict with the fundamental
rights of a deliberative assembly, Congress has modified it so as not
to cut off debate entirely. In an ordinary assembly, with sessions
not exceeding two or three hours, it should, and it does, have the
power by a two-thirds vote to close debate instantly, just as by the
same vote it may suspend the rules.
In matters of detail, the rules of the House of Representatives are
adapted to the peculiar wants of that body, and are of no authority
in any other assembly. No one, for instance, would accept the
following House of Representatives rules as common parliamentary law
in this country: That the chairman, in case of disorderly conduct,
would have the power to order the galleries to be cleared; that any
fifteen members would be authorized to compel the attendance of
absent members; that each member would be limited in debate upon
any question to one hour; and that the motion to suspend the rules
can only be entertained on the first and third Mondays of each
month. These examples are sufficient to show the absurdity of the
idea that the rules of Congress in all things determine the common
parliamentary law.
While some of the rules of Congress are adapted only to legislative
assemblies, and others only to the House that adopts them, yet its
rules and practice, except where manifestly unsuited to ordinary
deliberative assemblies, should, and do determine the parliamentary
law of the country. The people of the United States will never
accept the rules and practice of the legislature, or of deliberative
assemblies, of any state, or even of any section of the country, as
of equal authority with the practice of the National Congress in
determining the parliamentary law for the whole country.
Since, however, the sessions of Congress last from three to six
months, and at times to nearly a year, whereas the great majority
of ordinary deliberative assemblies have sessions lasting not more
than two or three hours; and since the quorum in Congress is a
majority of the members, while in most societies it is less than
one-fifth, and often less than one-tenth, of the members; and since
the members of Congress are paid to devote all their time during a
session to the business of Congress, and can be compelled to attend,
whereas in ordinary assemblies the members have other duties and
their attendance is simply voluntary; and as the work of Congress
is enormous and is mostly done by standing committees, of which
there are fifty-six, or in committee of the whole, while in ordinary
assemblies the assembly itself attends to most of its business,
and the rest is done usually by special committees rather than by
standing committees or in committee of the whole—as these differences
exist, it is evident that the rules and practice of Congress
require to be modified in some respects to adapt them to ordinary
deliberative assemblies. Sometimes the old common parliamentary law
is better adapted to ordinary societies, as with the motion to lay on
the table. Where the two houses differ, sometimes the Senate practice
is better adapted to ordinary assemblies, as in allowing each member
to speak twice to the same question each day; while in allowing the
previous question and in making the motion to postpone indefinitely
the lowest of subsidiary motions, the practice of the House seems
better adapted to ordinary assemblies. The House allows a majority
to order the previous question, but if there has been no debate on
the question, forty minutes’ debate is permitted after the previous
question has been ordered. This rule is not adapted to assemblies
whose entire session may not last two hours. They should have power
to close debate instantly by a two-thirds vote. This is in accordance
with the general principle that the assembly by a two-thirds vote may
suspend the rules, even the rule permitting debate.
As there would naturally be differences of opinion as to the
application of the above principles, and it is important that the law
should be definite, every deliberative assembly should imitate our
legislative bodies and adopt some Rules of Order for the conduct of
its business.{3}
{3} Any society adopting these Rules of Order should be governed by
them in all cases to which they are applicable, and in which they are
not inconsistent with the by-laws and rules of order of the society.
[See p. 268 for the form of a rule covering this case.] Its own rules
should include all of the cases where it is desirable to vary from
the rules in the Manual, and especially should provide for a Quorum
[=64=] and an Order of Business [=65=], as suggested in this Manual.
PLAN OF THE WORK.
These Rules are prepared to meet partially this want in deliberative
assemblies that are not legislative in their character. They have
been made sufficiently complete to answer for the rules of an
assembly until it sees fit to adopt special rules conflicting with
and superseding any of the rules of detail, such as the Order of
Business, etc. They are based upon the rules and practice of Congress
so far as these are adapted to ordinary deliberative assemblies with
short sessions and comparatively small quorums, as has just been
explained. In cases where these Rules differ from the practice of
Congress, usually the congressional rule will be found in a foot
note. The foot notes need not be referred to for any other purpose
than to ascertain the practice of Congress.
This Manual contains a Table of Contents, Table of Rules, Part I,
Part II, Lesson Outlines, and the Index.
=Table of Contents.= This gives a clear, systematic idea of the
arrangement of subjects treated in the Manual.
=Order of Precedence of Motions and Table of Rules.= A careful study
of these tables so as to be able to use them quickly will enable any
one in an emergency to ascertain whether a motion is in order, and
whether it may be debated, or amended, or reconsidered, or requires a
second, or a two-thirds vote, or is in order when another member has
the floor.
=Part I=, comprising the main part of the Manual, contains a set of
Rules of Order systematically arranged, as shown in the Table of
Contents. It begins with showing how business is introduced in a
deliberative assembly, and then follows it step by step until the
vote is taken and announced. The next section, =10=, shows what is
the proper motion to use to accomplish certain objects, referring at
the same time to the section where the motion will be found fully
treated. Next, the motions are classified as usual into Privileged,
Incidental, Subsidiary, and Main, and the general characteristics of
each class given.
Then each class is taken up in order, beginning with the highest
privileged motion, and a section is devoted to each motion, including
some motions that are not classified. Each of these twenty-six
sections is complete in itself, so that one unfamiliar with the
work need not be misled in examining any particular subject.
Cross-references, in heavy-face type, are used wherever it was
thought they would be helpful, the references being to sections,
the number of the section being placed at the top of each page. The
following is stated in reference to each motion, except some of
the incidental ones, the first six points being mentioned at the
beginning of each section:
(1) Of what motions _it takes precedence_ (that is, what motions may
be pending and yet it be in order to make and consider this motion).
(2) To what motions _it yields_ (that is, what motions may be made
and considered while this motion is pending).
(3) Whether it is _debatable_ or not (all motions being debatable
unless the contrary is stated).
(4) Whether it can be _amended_ or not.
(5) In case the motion can have no subsidiary motion _applied_ to it,
the fact is stated [see Adjourn, =17=, for an example: the meaning
is, that the particular motion, to adjourn, cannot be laid on the
table, postponed, committed, or amended, &c.].
(6) The _vote_ required for its adoption, when it is not a majority.
(7) The _form of making the motion_ when peculiar.
(8) The _form of stating and putting the question_ when peculiar.
(9) The _object_ of the motion when not apparent.
(10) The _effect_ of the motion if adopted, whenever it could
possibly be misunderstood.
=Part II= contains an explanation of the methods of organizing and
conducting different kinds of meetings, giving the words used by
the chairman and speakers in making and putting various motions;
and also a few pages devoted to the legal rights of deliberative
assemblies and ecclesiastical tribunals, and to the trial of members
of such societies. The beginner, especially, will find it useful
to read sections =69-71= in connection with sections =1-10=, thus
obtaining correct ideas as to the methods of conducting business in
deliberative assemblies.
=The Plan for the Study of Parliamentary Law=, pages 305-312, gives
some helpful suggestions to clubs and individuals wishing to study
parliamentary law, together with a series of eighteen Lesson Outlines.
=The Index= refers to pages, not sections, and at the beginning are
given some suggestions as to the best method of finding anything in
these Rules.
DEFINITIONS.
In addition to the terms defined above (_taking precedence of_,
_yielding to_, and _applying to_ [see p. 21]), there are other terms
that are liable to be misunderstood, to which attention is called.
_Accepting_ a report is the same as adopting it, and should not
be confused with _receiving_ a report, which is allowing it to be
presented to the assembly.
_Assembly._ This term is used for the deliberative assembly, and
should be replaced in motions, etc., by the proper name of the body,
as society, club, church, board, convention, etc.
The _Chair_ means the presiding officer, whether temporary or
permanent.
The terms _Congress_ and _H. R._, when used in this Manual, refer to
the U. S. House of Representatives.
_Meeting_ and _Session_. Meeting is used in this Manual for an
assembling of the members of a deliberative body for any length of
time during which they do not separate for longer than a few minutes,
as the morning meeting, or the evening meeting, of a convention. In
a society with rules providing for regular meetings every week, or
month, etc., each of these regular meetings is a separate session. A
called or special meeting is a distinct session. Should a regular
or special meeting adjourn to meet at another time, the adjourned
meeting is a continuation of the session, not a separate one; the two
meetings constitute one session. In the case of a convention holding
a meeting every year or two, or rather a series of meetings lasting
several days, the entire series of meetings constitute one session.
[See =63=.]
_Pending_ and _Immediately Pending_. A question is said to be pending
when it has been stated by the chair and has not yet been disposed
of either permanently or temporarily. When several questions are
pending, the one last stated by the chair, and therefore the one to
be first disposed of, is said to be the immediately pending question.
A _Main motion_ is one that is made to bring before the assembly any
particular subject. No main motion can be made when another motion is
pending.
A _Subsidiary motion_ is one that may be applied to a main motion,
and to certain other motions, for the purpose of modifying them,
delaying action upon them or otherwise disposing of them.
_Privileged motions_ are such that, while having no relation to the
pending question, are of such urgency or importance as to require
them to take precedence of all other motions.
An _Incidental motion_ is one that arises out of another question
which is pending or has just been pending, and must be decided
before the pending question, or before other business is taken up.
Incidental motions have no fixed rank but take precedence of the
questions out of which they arise, whether those questions are main
or subsidiary or privileged.
The _Previous Question_ does not refer, as its name would imply,
to the previous question, but is the name given to the motion to
close debate and at once to take the vote on the immediately pending
question and such other questions as are specified in the motion.
A _Substitute_ is an amendment where an entire resolution, or
section, or one or more paragraphs, is struck out and another
resolution, or section, or one or more paragraphs, is inserted in its
place.
_Plurality_, _Majority_, and _Two-thirds_ Vote. In an election a
candidate has a plurality when he has a larger vote than any other
candidate; he has a majority when he has more than half the legal
votes cast, ignoring blanks. In an assembly a plurality never elects
except by virtue of a rule to that effect. A majority vote when used
in these rules means a majority of the legal votes cast, ignoring
blanks, at a legal meeting, a quorum being present. A two-thirds vote
is two-thirds of the votes just described. For an illustration of the
difference between a two-thirds vote, a vote of two-thirds of the
members present, and a vote of two-thirds of the members, see page
204.
TO THE READER.
The reader is advised to read this Manual in the order suggested in
the Plan for the study of Parliamentary Law, page 305.
PART I.
RULES OF ORDER.
Art. I. How Business Is Conducted in Deliberative Assemblies.
PAGE
=1.= Introduction of Business =25=
=2.= What Precedes Debate =26=
=3.= Obtaining the Floor =27=
=4.= Motions and Resolutions =33=
=5.= Seconding Motions =36=
=6.= Stating the Question =38=
=7.= Debate =38=
=8.= Secondary Motions =40=
=9.= Putting the Question and Announcing the Vote =40=
=10.= Proper Motions to Use to Accomplish Certain Objects =43=
=1. Introduction of Business.= An assembly having been organized as
described in =69=, =70=, =71=, business is brought before it either
by the motion of a member, or by the presentation of a communication
to the assembly. It is not usual to make motions to receive reports
of committees or communications to the assembly. There are many other
cases in the ordinary routine of business where the formality of a
motion is dispensed with, but should any member object, a regular
motion becomes necessary, or the chair may put the question without
waiting for a motion.
=2. What Precedes Debate.= Before any subject is open to debate it is
necessary, first, that a motion be made by a member who has obtained
the floor; second, that it be seconded (with certain exceptions);
and third, that it be stated by the chair, that is, by the presiding
officer. The fact that a motion has been made and seconded does not
put it before the assembly, as the chair alone can do that. He must
either rule it out of order, or state the question on it so that the
assembly may know what is before it for consideration and action,
that is, what is the _immediately pending question_. If several
questions are pending, as a resolution and an amendment and a motion
to postpone, the last one stated by the chair is the immediately
pending question.
While no debate or other motion is in order after a motion is made,
until it is stated or ruled out of order by the chair, yet members
may suggest modifications of the motion, and the mover, without the
consent of the seconder, has the right to make such modifications
as he pleases, or even to withdraw his motion entirely before the
chair states the question. After it is stated by the chair he can do
neither without the consent of the assembly as shown in =27= (_c_).
A little informal consultation before the question is stated often
saves much time, but the chair must see that this privilege is not
abused and allowed to run into debate. When the mover modifies his
motion the one who seconded it has a right to withdraw his second.
=3. Obtaining the Floor.= Before a member can make a motion, or
address the assembly in debate, it is necessary that he should
_obtain the floor_—that is, he must rise after the floor has been
yielded, and address the presiding officer by his official title,
thus, “Mr. Chairman,” or “Mr. President,” or “Mr. Moderator;”{4}
or, if a woman (married or single), “Madam Chairman,” or “Madam
President.” If the assembly is large so that the member’s name may
be unknown to the chairman, the member should give his name as soon
as he catches the eye of the chairman after addressing him. If the
member is entitled to the floor, as shown hereafter, the chairman
“recognizes” him, or assigns him the floor, by announcing his name.
If the assembly is small and the members are known to each other, it
is not necessary for the member to give his name after addressing the
chair, as the presiding officer is termed, nor is it necessary for
the chair to do more than bow in recognition of his having the floor.
If a member rises before the floor has been yielded, or is standing
at the time, he cannot obtain the floor provided any one else rises
afterwards and addresses the chair. It is out of order to be standing
when another has the floor, and the one guilty of this violation of
the rules cannot claim he rose first, as he did not rise after the
floor had been yielded.
{4} “Brother Moderator,” or “Brother Chairman,” implies that the
speaker is also a moderator or chairman, and should not be used.
Where two or more rise about the same time to claim the floor, all
other things being equal, the member who rose first after the floor
had been yielded, and addressed the chair is entitled to the floor.
It frequently occurs, however, that where more than one person claims
the floor about the same time, the interests of the assembly require
the floor to be assigned to a claimant that was not the first to rise
and address the chair. There are three classes of such cases that may
arise: (1) When a debatable question is immediately pending; (2) when
an undebatable question is immediately pending; (3) when no question
is pending. In such cases the chair in assigning the floor should be
guided by the following principles:
(1) _When a Debatable Question is Immediately Pending._ (_a_) The
member upon whose motion the immediately pending debatable question
was brought before the assembly is entitled to be recognized as
having the floor (if he has not already spoken on the question) even
though another has risen first and addressed the chair. The member
thus entitled to preference in recognition in case of a committee’s
report is the reporting member (the one who presents or submits the
report); in case of a question taken from the table, it is the one
who moved to take the question from the table; in case of the motion
to reconsider, it is the one who moved to reconsider, and who is not
necessarily the one who calls up the motion. (_b_) No member who has
already had the floor in debate on the immediately pending question
is again entitled to it for debate on the same question, provided the
floor is claimed by one who has not spoken on that question. (_c_)
As the interests of the assembly are best subserved by allowing the
floor to alternate between the friends and enemies of a measure, the
chairman, when he knows which side of a question is taken by each
claimant of the floor, and these claims are not determined by the
above principles, should give the preference to the one opposed to
the last speaker.
(2) _When an Undebatable Question Is Immediately Pending._ When
the immediately pending question is undebatable, its mover has no
preference to the floor, which should be assigned in accordance with
the principles laid down under (_b_) in paragraph below.
(3) _When No Question Is Pending._ (_a_) When one of a series of
motions has been disposed of, and there is no question actually
pending, the next of the series has the right of way, and the chair
should recognize the member who introduced the series to make the
next motion, even though another has risen first and addressed the
chair. In fact no other main motion is in order until the assembly
has disposed of the series. Thus, the motion to lay on the table,
properly used, is designed to lay aside a question temporarily, in
order to attend to some more urgent business, and, therefore, if a
question is laid on the table, the one who moved to lay it on the
table, if he immediately claims the floor, is entitled to it to
introduce the urgent business even though another has risen first.
So, when the rules are suspended to enable a motion to be made,
the mover of the motion to suspend the rules is entitled to the
floor to make the motion for which the rules were suspended, even
though another rose first. When a member moves to reconsider a vote
for the announced purpose of amending the motion, if the vote is
reconsidered he must be recognized in preference to others in order
to move his amendment. (_b_) If, when no question is pending and
no series of motions has been started that has not been disposed
of, a member rises to move to reconsider a vote, or to call up the
motion to reconsider that had been previously made, or to take a
question from the table when it is in order, he is entitled to the
floor in preference to another that may have risen slightly before
him to introduce a main motion, provided that when some one rises
before him he, on rising, states the purpose for which he rises.
If members, rising to make the above mentioned motions, come into
competition they have the preference in the order in which these
motions have just been given; first, to reconsider, and last, to take
from the table. When a motion to appoint a committee for a certain
purpose, or to refer a subject to a committee, has been adopted no
new subject (except a privileged one) can be introduced until the
assembly has decided all of the related questions as to the number
of the committee, and as to how it shall be appointed, and as to any
instructions to be given it. In this case the one who made the motion
to appoint the committee or refer the subject to a committee has no
preference in recognition. If he had wished to make the other motions
he should have included them all in his first motion.
From the decision of the chair in assigning the floor any two members
may appeal,{5} one making the appeal and the other seconding it.
Where the chair is in doubt as to who is entitled to the floor, he
may allow the assembly to decide the question by a vote, the one
having the largest vote being entitled to the floor.
{5} In the U. S. House of Representatives there is no appeal from the
decision of the chair as to who is entitled to the floor, nor should
there be any appeal in large mass meetings, as the best interests of
the assembly require the chair to be given more power in such large
bodies.
If a member has risen to claim the floor, or has been assigned
the floor, and calls for the question are made, or it is moved to
adjourn, or to lay the question on the table, it is the duty of the
chair to suppress the disorder and protect the member who is entitled
to the floor. Except by general consent, a motion cannot be made by
one who has not been recognized by the chair as having the floor.
If it is made it should not be recognized by the chair if any one
afterwards rises and claims the floor, thus showing that general
consent has not been given.
_In Order When Another Has the Floor._ After a member has been
assigned the floor he cannot be interrupted by a member or the
chairman, except by (_a_) a motion to reconsider; (_b_) a point of
order; (_c_) an objection to the consideration of the question; (_d_)
a call for the orders of the day when they are not being conformed
to; (_e_) a question of privilege; (_f_) a request or demand that the
question be divided when it consists of more than one independent
resolution on different subjects; or (_g_) a parliamentary inquiry or
a request for information that requires immediate answer; and these
cannot interrupt him after he has actually commenced speaking unless
the urgency is so great as to justify it. The speaker (that is, the
member entitled to the floor) does not lose his right to the floor
by these interruptions, and the interrupting member does not obtain
the floor thereby, and after they have been attended to, the chair
assigns him the floor again. So, when a member submitting a report
from a committee or offering a resolution, hands it to the secretary
to be read, he does not thereby yield his right to the floor.
When the reading is finished and the chair states the question,
neither the secretary nor any one else can make a motion until the
member submitting the report, or offering the resolution, has had a
reasonable opportunity to claim the floor to which he is entitled,
and has not availed himself of his privilege. If, when he submitted
the report, he made no motion to accept or adopt the recommendations
or resolutions, he should resume the floor as soon as the report is
read, and make the proper motion to carry out the recommendations,
after which he is entitled to the floor for debate as soon as the
question is stated.
=4. Motions and Resolutions.= A motion is a proposal that the
assembly take certain action, or that it express itself as holding
certain views. It is made by a member’s obtaining the floor as
already described and saying, “I move that” (which is equivalent to
saying, “I propose that”), and then stating the action he proposes
to have taken. Thus a member “moves” (proposes) that a resolution be
adopted, or amended, or referred to a committee, or that a vote of
thanks be extended, etc.; or “That it is the sense of this meeting
(or assembly) that industrial training,” etc. Every resolution should
be in writing, and the presiding officer has a right to require any
main motion, amendment, or instructions to a committee to be in
writing. When a main motion is of such importance or length as to
be in writing it is usually written in the form of a _resolution_;
that is, beginning with the words, “_Resolved_, That,” the word
“_Resolved_” being underscored (printed in italics) and followed by
a comma, and the word “That” beginning with a capital “T.” If the
word “Resolved” were replaced by the words “I move,” the resolution
would become a motion. A resolution is always a main motion. In some
sections of the country the word “resolve” is frequently used instead
of “resolution.” In assemblies with paid employees, instructions
given to employees are called “orders” instead of “resolutions,” and
the enacting word, “Ordered” is used instead of “Resolved.”
When a member wishes a resolution adopted, after having obtained the
floor, he says, “I move the adoption of the following resolution,” or
“I offer the following resolution,” which he reads and hands to the
chair. If it is desired to give the reasons for the resolution, they
are usually stated in a _preamble_, each clause of which constitutes
a paragraph beginning with “Whereas.” The preamble is always amended
last, as changes in the resolution may require changes in the
preamble. In moving the adoption of a resolution the preamble is
not usually referred to, as it is included in the resolution. But
when the previous question is ordered on the resolution before the
preamble has been considered for amendment, it does not apply to the
preamble, which is then open to debate and amendment. The preamble
should never contain a period, but each paragraph should close with
a comma or semicolon, followed by “and,” except the last paragraph,
which should close with the word “therefore,” or “therefore, be it.”
A resolution should avoid periods where practicable. Usually, where
periods are necessary, it is better to separate it into a series
of resolutions, in which case the resolutions may be numbered, if
preferred, by preceding them with the figures 1, 2, etc.; or it may
retain the form of a single resolution with several paragraphs, each
beginning with “That,” and these may be numbered, if preferred, by
placing “First,” “Second,” etc., just before the word “That.” The
following form will serve as a guide when it is desired to give the
reasons for a resolution:
Whereas, We consider that suitable recreation is a necessary part
of a rational educational system; and
Whereas, There is no public ground in this village where our school
children can play; therefore,
_Resolved_, That it is the sense of this meeting that ample play
grounds should be immediately provided for our school children.
_Resolved_, That a committee of five be appointed by the chair to
present these resolutions to the village authorities and to urge
upon them prompt action in the matter.
As a general rule no member can make two motions at a time except by
general consent. But he may combine the motion to suspend the rules
with the motion for whose adoption it was made; and the motion to
reconsider a resolution and its amendments; and a member may offer a
resolution and at the same time move to make it a special order for a
specified time.
=5. Seconding Motions.= As a general rule, with the exceptions given
below, every motion should be seconded. This is to prevent time being
consumed in considering a question that only one person favors, and
consequently little attention is paid to it in routine motions. Where
the chair is certain the motion meets with general favor, and yet
members are slow about seconding it, he may proceed without waiting
for a second. Yet, any one may make a point of order that the motion
has not been seconded, and then the chair is obliged to proceed
formally and call for a second. The better way when a motion is not
at once seconded, is for the chair to ask, “Is the motion seconded?”
In a very large hall the chair should repeat the motion before
calling for a second in order that all may hear. After a motion has
been made no other motion is in order until the chair has stated
the question on this motion, or has declared, after a reasonable
opportunity has been given for a second, that the motion has not
been seconded, or has ruled it out of order. Except in very small
assemblies the chair cannot assume that members know what the motion
is and that it has not been seconded, unless he states the facts.
A motion is seconded by a member’s saying, “I second the motion,”
or “I second it,” which he does without obtaining the floor, and in
small assemblies without rising. In large assemblies, and especially
where non-members are scattered throughout the assembly, members
should rise, and without waiting for recognition, say, “Mr. Chairman,
I second the motion.”
_Exceptions._ The following do not require a second:{6}
_Question of Privilege, to raise a_ =19=
_Questions of Order_ =21=
_Objection to the Consideration of a Question_ =23=
_Call for Orders of the Day_ =20=
_Call for Division of the Question (under certain circumstances)_ =24=
_Call for Division of the Assembly (in voting)_ =25=
_Call up Motion to Reconsider_ =36=
_Filling Blanks_ =33=
_Nominations_ =33=
_Leave to Withdraw a Motion_ =27=
_Inquiries of any kind_ =27=
{6} In Congress motions are not required to be seconded.
=6. Stating the Question.= When a motion has been made and seconded,
it is the duty of the chair, unless he rules it out of order,
immediately to _state the question_—that is, state the exact question
that is before the assembly for its consideration and action. This
he may do in various ways, depending somewhat on the nature of the
question, as illustrated by the following examples: “It is moved
and seconded that the following resolution be adopted [reading the
resolution];” or “It is moved and seconded to adopt the following
resolution;” “Mr. A offers the following resolution [read]: the
question is on its adoption;” “It is moved and seconded to amend the
resolution by striking out the word ‘very’ before the word ‘good’;”
“The previous question has been demanded [or, moved and seconded] on
the amendment;” “It is moved and seconded that the question be laid
on the table;” “It is moved and seconded that we adjourn.” [Under
each motion is shown the form of stating the question if there is any
peculiarity in the form.] If the question is debatable or amendable,
the chair should immediately ask, “Are you ready for the question?”
If no one then rises he should put the question as described in 9.
If the question cannot be debated or amended, he does not ask, “Are
you ready for the question?” but immediately puts the question after
stating it.
=7. Debate.= After a question has been stated by the chair, it is
before the assembly for consideration and action. All resolutions,
reports of committees, communications to the assembly, and all
amendments proposed to them, and all other motions except the
Undebatable Motions mentioned in 45, may be debated before final
action is taken on them, unless by a two-thirds vote the assembly
decides to dispose of them without debate. By a two-thirds vote is
meant two-thirds of the votes cast, a quorum being present. In the
debate each member has the right to speak twice on the same question
on the same day (except on an appeal), but cannot make a second
speech on the same question as long as any member who has not spoken
on that question desires the floor. No one can speak longer than ten
minutes at a time without permission of the assembly.
Debate must be limited to the merits of the _immediately pending
question_—that is, the last question stated by the chair that is
still pending; except that in a few cases the main question is also
open to debate [=45=]. Speakers must address their remarks to the
presiding officer, be courteous in their language and deportment,
and avoid all personalities, never alluding to the officers or other
members by name, where possible to avoid it, nor to the motives of
members. [For further information on this subject see Debate, =42=,
and Decorum in Debate, =43=.]
=8. Secondary Motions.= To assist in the proper disposal of the
question various _subsidiary_ [=12=] motions are used, such as to
amend, to commit, etc., and for the time being the subsidiary motion
replaces the resolution, or motion, and becomes the immediately
pending question. While these are pending, a question incidental to
the business may arise, as a question of order, and this _incidental_
[=13=] question interrupts the business and, until disposed of,
becomes the immediately pending question. And all of these may be
superseded by certain motions, called _privileged_ [=14=] motions,
as to adjourn, of such supreme importance as to justify their
interrupting all other questions. All of these motions that may be
made while the original motion is pending are sometimes referred to
as _secondary_ motions. The proper use of many of these is shown in
10.
=9. Putting the Question and Announcing the Vote.={7} When the
debate appears to have closed, the chair asks again, “Are you
ready for the question?” If no one rises he proceeds to _put the
question_—that is, to take the vote on the question, first calling
for the affirmative and then for the negative vote. In putting the
question the chair should make perfectly clear what the question is
that the assembly is to decide. If the question is on the adoption
of a resolution, unless it has been read very recently, it should
be read again, the question being put in a way similar to this:
“The question is on the adoption of the resolution [which the chair
reads]; those in favor of the resolution say _aye_; those opposed
say _no_. The ayes have it, and the resolution is adopted;” or, “The
noes have it, and the resolution is lost.” Or, thus: “The question
is on agreeing to the following resolution,” which the chair reads,
and then he continues, “As many as are in favor of agreeing to the
resolution say _aye_;” after the ayes have responded he continues,
“As many as are opposed say _no_. The ayes have it,” etc. Or, “It is
moved and seconded that an invitation be extended to Mr. Jones to
address our club at its next meeting. Those in favor of the motion
will rise; be seated; those opposed will rise. The affirmative has
it and the motion is adopted [or carried].” Or, if the vote is by
“show of hands,” the question is put and the vote announced in a
form similar to this: “It has been moved and seconded to lay the
resolution on the table. Those in favor of the motion will raise the
right hand; those opposed will signify [or manifest] it in the same
way [or manner]. The affirmative has it [or, The motion is adopted,
or carried] and the resolution is laid on the table.” The vote
should always be announced, as it is a necessary part of putting the
question. The assembly is assumed not to know the result of the vote
until announced by the chair, and the vote does not go into effect
until announced. As soon as the result of the vote is announced the
chair should state the next business in order, as in the following
example of putting the question on an amendment: “The question is on
amending the resolution by inserting the word ‘oak’ before the word
‘desk.’ Those in favor of the amendment say _aye_; those opposed say
_no_. The ayes have it and the amendment is adopted. The question is
now [or recurs] on the resolution as amended, which is as follows:
[read the resolution as amended]. Are you ready for the question?”
The chair should never neglect to state what is the business next in
order after every vote is announced, nor to state the exact question
before the assembly whenever a motion is made. Much confusion is
avoided thereby. The vote should always be taken first by the voice
(viva voce) or by show of hands (the latter method being often used
in small assemblies), except in the case of motions requiring a
two-thirds vote, when a rising vote should be taken at first. When a
division is demanded a rising vote is taken. For further information
on voting see 46. Under each motion is given the form of putting the
question whenever the form is peculiar.
{7} H. R. Rule 1, §5, is as follows: “5. He shall rise to put a
question, but may state it sitting; and shall put questions in this
form, to wit: ‘As many as are in favor (as the question may be), say
_Aye_;’ and after the affirmative voice is expressed, ‘As many as
are opposed, say _No_;’ if he doubts, or a division is called for,
the House shall divide; those in the affirmative of the question
shall first rise from their seats, and then those in the negative;
if he still doubts, or a count is required by at least one-fifth of
a quorum, he shall name one from each side of the question to tell
the members in the affirmative and negative; which being reported, he
shall rise and state the decision.”
=10. Proper Motions to Use to Accomplish Certain Objects.= To enable
any one to ascertain what motion to use in order to accomplish what
is desired, the common motions are arranged in the table below
according to the objects to be attained by their use. Immediately
after the table is a brief statement of the differences between the
motions placed under each object, and of the circumstances under
which each should be used. They include all of the Subsidiary Motions
[12], which are designed for properly disposing of a question pending
before the assembly; and the three motions designed to again bring
before the assembly a question that has been acted upon or laid
aside temporarily; and the motion designed to bring before another
meeting of the assembly a main question which has been voted on in an
unusually small or unrepresentative meeting. Motions, as a general
rule, require for their adoption only a majority vote—that is, a
majority of the votes cast, a quorum being present; but motions
to suppress or limit debate, or to prevent the consideration of a
question, or, without notice to rescind action previously taken,
require a two-thirds vote [48]. The figures and letters on the left
in the list below correspond to similar figures and letters in the
statement of differences further on. The figures to the right in the
list refer to the sections where the motions are fully treated.
The Common Motions Classified According to Their Objects.
(1) To Modify or Amend.
(_a_) _Amend_ =33=
(_b_) _Commit or Refer_ =32=
(2) To Defer Action.
(_a_) _Postpone to a Certain Time_ =31=
(_b_) _Make a Special Order (⅔ Vote)_ =20=
(_c_) _Lay on the Table_ =28=
(3) To Suppress or Limit Debate (⅔ Vote).
(_a_) _Previous Question (to close debate now) (⅔ Vote)_ =29=
(_b_) _Limit Debate (⅔ Vote)_ =30=
(4) To Suppress the Question.
(_a_) _Objection to Its Consideration (⅔ Vote)_ =23=
(_b_) _Previous Question and Reject Question_ =29=
(_c_) _Postpone Indefinitely_ =34=
(_d_) _Lay on the Table_ =28=
(5) To Consider a Question a Second Time.
(_a_) _Take from the Table_ =35=
(_b_) _Reconsider_ =36=
(_c_) _Rescind_ =37=
(6) To Prevent Final Action on a Question in an
Unusually Small or Unrepresentative Meeting.
(_a_) _Reconsider and have Entered on the Minutes_ =36=
(1) _To Modify or Amend._ (_a_) When a resolution or motion is not
worded properly, or requires any modification to meet the approval
of the assembly, if the changes required can be made in the assembly,
the proper motion to make is to _amend_ by “inserting,” or “adding,”
or by “striking out,” or by “striking out and inserting,” or by
“substituting” one or more paragraphs for those in the resolution.
(_b_) But if much time will be required, or if the changes required
are numerous, or if additional information is required to enable the
assembly to act intelligently, then it is usually better _to refer_
the question to a committee.
(2) _To Defer Action._ (_a_) If it is desired to put off the further
consideration of a question to a certain hour, so that when that time
arrives, as soon as the pending business is disposed of, it shall
have the right of consideration over all questions except special
orders and a reconsideration, then the proper motion to make is,
_to postpone to that certain time_. This is also the proper motion
to make if it is desired to defer action simply to another day. As
the motion if adopted cannot interrupt the pending question when the
appointed time arrives, nor can it suspend any rule, it requires
only a majority vote for its adoption. A question postponed to a
certain time cannot be taken up before the appointed time except by
suspending the rules, which requires a two-thirds vote. (_b_) If it
is desired to appoint for the consideration of a question a certain
time when it may interrupt any pending question except one relating
to adjournment or recess, or a question of privilege or a specified
order that was made before it was, then the proper course is to move
“that the question be made a _special order_ for,” etc., specifying
the day or hour. As this motion, if adopted, suspends all rules that
interfere with the consideration of the question at the appointed
time, it requires a two-thirds vote for its adoption. A special order
cannot be considered before the appointed time except by suspending
the rules, which requires a two-thirds vote. (_c_) If, however, it is
desired to lay the question aside temporarily with the right to take
it up at any moment when business of this class, or unfinished or new
business, is in order and no other question is before the assembly,
the proper motion to use is to _lay the question on the table_. When
laid upon the table a majority vote may take it up at the same or the
next session, as described in =35=.
(3) _To Suppress Debate._ (_a_) If it is desired to close debate now
and bring the assembly at once to a vote on the pending question,
or questions, the proper course is to move, or demand, or call for,
the previous question on the motions upon which it is desired to
close debate. The motion, or demand, for the previous question should
always specify the motions upon which it is desired to order the
previous question. If no motions are specified, the previous question
applies only to the immediately pending question. It requires
a two-thirds vote for its adoption. After it has been adopted,
privileged and incidental motions may be made, or the pending
questions may be laid on the table, but no other subsidiary motion
can be made nor is any debate allowed. If it is lost the debate is
resumed. (_b_) If it is desired to limit the number or length of
speeches, or the time allowed for debate, the proper course is to
move that the speeches or debate be limited as desired, or that the
debate be closed and the vote be taken at a specified time. These
motions to limit or close debate require a two-thirds vote for their
adoption, and are in order, like the previous question, when any
debatable question is immediately pending.
(4) _To Suppress the Question._ A legitimate question cannot be
suppressed in a deliberative assembly without free debate, except
by a two-thirds vote. If two-thirds of the assembly are opposed
to the consideration of the question then it can be suppressed
by the following methods: (_a_) If it is desired to prevent any
consideration of the question, the proper course to pursue is _to
object to its consideration_ before it has been discussed or any
other motion stated, and, therefore, it may interrupt a member who
has the floor before the debate has begun. It requires no second. On
the question of consideration there must be a two-thirds negative
vote to prevent the consideration. (_b_) After the question has
been considered the proper way to immediately suppress it is to
close debate by ordering the _previous question_, which requires a
two-thirds vote, and then to vote down the question. (_c_) Another
method of suppressing a question is to _postpone it indefinitely_
(equivalent to rejecting it), which, however, being debatable and
opening the main question to debate, is only of service in giving
another opportunity to defeat the resolution should this one fail.
For, if the motion to postpone indefinitely is adopted, the main
question is dead for that session, and if it is lost, the main
question is still pending and its enemies have another opportunity
to kill it. When the motion to postpone indefinitely is pending and
immediate action is desired, it is necessary to move the previous
question as in case (_b_) above. (_d_) A fourth method frequently
used for suppressing a question is to _lay it on the table_, though
this is an unfair use of the motion, except in bodies like Congress
where the majority must have the power to suppress any motion
immediately, as otherwise they could not transact business. But in
ordinary societies, where the pressure of business is not so great,
it is better policy for the majority to be fair and courteous to
the minority and use the proper motions for suppressing a question
without allowing full debate, all of which require a two-thirds vote.
Unless the enemies of a motion have a large majority, laying it on
the table is not a safe way of suppressing it, because its friends,
by watching their opportunity, may find themselves in a majority and
take it from the table and adopt it, as shown in the next paragraph.
(5) _To Consider a Question a Second Time._ (_a_) When a question has
not been voted on, but has been laid on the table, a majority may
_take it from the table_ and consider it at any time when no other
question is before the assembly and when business of that class, or
unfinished or new business, is in order during the same session; or
at the next session in ordinary societies having regular meetings as
often as quarterly. (_b_) If a motion has been adopted, or rejected,
or postponed indefinitely, and afterwards one or more members have
changed their views from the prevailing to the losing side, and it
is thought that by further discussion the assembly may modify or
reverse its action, the proper course is for one who voted with the
prevailing side to move to _reconsider_ the vote on the question.
This can be done on the day the vote to be reconsidered is taken,
or on the next succeeding day of the same session. (_c_) If a main
motion, including questions of privilege and orders of the day, has
been adopted or rejected or postponed indefinitely, and no one is
both able and willing to move to reconsider the vote, the question
can be brought up again during the same session only by moving to
_rescind_ the motion. To rescind may be moved by any member, but,
if notice of it was not given at a previous meeting, it requires a
two-thirds vote or a vote of a majority of the enrolled membership.
At any future session, the resolution, or other main motion, may
be rescinded in the same way if it had been adopted; or it may be
introduced anew if it had been rejected or postponed indefinitely;
provided the question cannot be reached by calling up the motion to
reconsider which had been made at the previous session. A by-law,
or anything else that requires a definite notice and vote for its
amendment, requires the same notice and vote to rescind it.
(6) _To Prevent Final Action on a Question in an Unusually Small
or Unrepresentative Meeting._ If an important main motion should
be adopted, lost, or postponed indefinitely, at a small or
unrepresentative meeting of the society when it was apparent that
the action is in opposition to the views of the majority of the
members, the proper course to pursue is for a member to vote with
the prevailing side and then move to reconsider the vote and have it
entered on the minutes. The motion to reconsider, in this form, can
be made only on the day the vote was taken which it is proposed to
reconsider, and the reconsideration cannot be called up on that day;
thus an opportunity is given to notify absent members. The motion to
reconsider is fully explained in =36=.
Art. II. General Classification of Motions.
For convenience motions may be classified as follows:
_Main or Principal Motions_ =11=
_Subsidiary Motions_ =12=
_Incidental Motions_ =13=
_Privileged Motions_ =14=
=11. A Main or Principal Motion= is a motion made to bring before the
assembly, for its consideration, any particular subject. It takes
precedence of nothing—that is, it cannot be made when any other
question is before the assembly; and it yields to all Privileged,
Incidental, and Subsidiary Motions—that is, any of these motions
can be made while a main motion is pending. Main motions are
debatable, and subject to amendment, and can have any subsidiary
[=12=] motions applied to them. When a main motion is laid on the
table, or postponed to a certain time, it carries with it all pending
subsidiary motions. If a main motion is referred to a committee it
carries with it only the pending amendments. As a general rule, they
require for their adoption only a majority vote—that is, a majority
of the votes cast; but amendments to constitutions, by-laws, and
rules of order already adopted, all of which are main motions,
require a two-thirds vote for their adoption, unless the by-laws,
etc., specify a different vote for their amendment; and the motion to
rescind action previously taken requires a two-thirds vote, or a vote
of a majority of the entire membership, unless previous notice of the
motion has been given.
Main motions may be subdivided into Original Main Motions and
Incidental Main Motions. _Original Main Motions_ are those which
bring before the assembly some new subject, generally in the form
of a resolution, upon which action by the assembly is desired.
_Incidental Main Motions_ are those main motions that are incidental
to, or relate to, the business of the assembly, or its past or
future action, as, a committee’s report on a resolution referred to
it. A motion to accept or adopt the report of a standing committee
upon a subject not referred to it is an original main motion, but a
motion to adopt a report on a subject referred to a committee is an
incidental main motion. The introduction of an original main motion
can be prevented by sustaining by a two-thirds vote an objection to
its consideration [=23=], made just after the main motion is stated
and before it is discussed. An objection to its consideration cannot
be applied to an incidental main motion, but a two-thirds vote can
immediately suppress it by ordering the previous question [=29=].
This is the only difference between the two classes of main motions.
The following list contains some of the most common
Incidental Main Motions.
_Accept_ or _Adopt a Report_ upon a subject referred to a
committee =54=
_Adjourn at_, or _to_, a future time =17=
_Adjourn_, if qualified in any way, or to adjourn when the effect
is to dissolve the assembly with no provision for its
reconvening =17=
_Appoint the Time and Place for the next meeting_, if introduced
when no business is pending =16=
_Amend the Constitution_, _By-laws_, _Standing Rules_, or
_Resolutions_, etc., already adopted =68=
_Ratify_ or _Confirm_ action taken =39=
_Rescind_ or _Repeal_ action taken =37=
All of these motions are essentially main motions, and are treated as
such, though they may appear otherwise.
Though a question of privilege is of high rank so far as interrupting
a pending question is concerned, yet when the question has
interrupted business and is pending, it is treated as a main motion
so far as having incidental and subsidiary motions applied to it. So
an order of the day, even though a special order, after it has been
taken up is treated in the same way, as is also a question that has
been reconsidered.
No motion is in order that conflicts with the constitution, by-laws,
or standing rules or resolutions of the assembly, and if such a
motion is adopted it is null and void. Before introducing such a
motion it is necessary to amend the constitution or by-laws, or amend
or rescind the conflicting standing rule or resolution. So, too, a
motion is not in order that conflicts with a resolution previously
adopted by the assembly at the same session, or that has been
introduced and has not been finally disposed of. If it is not too
late the proper course is to reconsider [=36=] the vote on the motion
previously adopted, and then amend it so as to express the desired
idea. If it cannot be reconsidered, then by a two-thirds vote the
old resolution may be rescinded when the new one can be introduced,
or by giving notice it may be rescinded by a majority vote at the
next meeting. In ordinary societies, where the quorum is a small
percentage of the membership, and the meetings are as frequent
as quarterly, no resolution that conflicts with one adopted at a
previous session should be entertained until the old one has been
rescinded, which requires a two-thirds vote unless proper notice has
been given. [See =37=.]
=12. Subsidiary Motions= are such as are applied to other motions
for the purpose of most appropriately disposing of them. By means of
them the original motion may be modified, or action postponed, or it
may be referred to a committee to investigate and report, etc. They
may be applied to any main motion, and when made they supersede the
main motion and must be decided before the main motion can be acted
upon. None of them, except the motion to amend and those that close or
limit or extend the limits of debate, can be applied to a subsidiary,
incidental (except an appeal in certain cases), or privileged motion.
Subsidiary motions, except to lay on the table, the previous question,
and postpone indefinitely, may be amended. The motions affecting the
limits of debate may be applied to any debatable question regardless
of its privilege, and require a two-thirds vote for their adoption.
All those of lower rank than those affecting the limits of debate are
debatable, the rest are not. The motion to amend anything that has
already been adopted, as by-laws or minutes, is not a subsidiary motion
but is a main motion and can be laid on the table or have applied to it
any other subsidiary motion without affecting the by-laws or minutes,
because the latter are not pending.
In the following list the subsidiary motions are arranged in the order
of their precedence, the first one having the highest rank. When one of
them is the immediately pending question every motion above it is in
order, and every one below it is out of order. They are as follows:
Subsidiary Motions.
_Lay on the Table_ =28= _The Previous Question_ =29= _Limit or Extend
Limits of Debate_ =30= _Postpone Definitely, or to a Certain Time_
=31= _Commit or Refer, or Recommit_ =32= _Amend_ =33= _Postpone
Indefinitely_ =34=
=13. Incidental Motions= are such as arise out of another question
which is pending, and therefore take precedence of and must be decided
before the question out of which they rise; or, they are incidental
to a question that has just been pending and should be decided before
any other business is taken up. They yield to privileged motions, and
generally to the motion to lay on the table. They are undebatable,
except an appeal under certain circumstances as shown in =21=. They
cannot be amended except where they relate to the division of a
question, or to the method of considering a question, or to methods of
voting, or to the time when nominations or the polls shall be closed.
No subsidiary motion, except to amend, can be applied to any of them
except a debatable appeal. Whenever it is stated that all incidental
motions take precedence of a certain motion, the incidental motions
referred to are only those that are legitimately incidental at the time
they are made. Thus, incidental motions take precedence of subsidiary
motions, but the incidental motion to object to the consideration of
a question cannot be made while a subsidiary motion is pending, as
the objection is only legitimate against an original main motion just
after it is stated, before it has been debated or there has been any
subsidiary motion stated. The following list comprises most of those
that may arise:
Incidental Motions.
_Questions of Order and Appeal_ =21= _Suspension of the Rules_ =22=
_Objection to the Consideration of a Question_ =23= _Division of a
Question, and Consideration by Paragraph or Seriatim_ =24= _Division of
the Assembly, and Motions relating to Methods of Voting, or to Closing
or to Reopening the Polls_ =25= _Motions relating to Methods of Making,
or to Closing or to Reopening Nominations_ =26= _Requests growing out
of Business Pending or that has just been pending; as, a Parliamentary
Inquiry, a Request for Information, for Leave to Withdraw a Motion, to
Read Papers, to be Excused from a Duty, or for any other Privilege_ =27=
=14. Privileged Motions= are such as, while not relating to the
pending question, are of so great importance as to require them to
take precedence of all other questions, and, on account of this high
privilege, they are undebatable. They cannot have any subsidiary
motion applied to them, except the motions to fix the time to which
to adjourn, and to take a recess, which may be amended. But after the
assembly has actually taken up the orders of the day or a question
of privilege, debate and amendment are permitted and the subsidiary
motions may be applied the same as on any main motion. These motions
are as follows, being arranged in order of precedence:
Privileged Motions.
_Fix the Time to which to Adjourn_ (if made while another question is
pending) =16= _Adjourn_ (if unqualified and if it has not the effect
to dissolve the assembly) =17= _Take a Recess_ (if made when another
question is pending) =18= _Raise a Question of Privilege_ =19= _Call
for Orders of the Day_ =20=
=15. Some Main and Unclassified Motions.= Two main motions (to rescind
and to ratify) and several motions which cannot conveniently be
classified as either Main, Subsidiary, Incidental, or Privileged, and
which are in common use, are hereafter explained and their privileges
and effects given. They are as follows:
_Take from the Table_ =35= _Reconsider_ =36= _Rescind_ =37= _Renewal of
a Motion_ =38= _Ratify_ =39= _Dilatory, Absurd, or Frivolous Motions_
=40= _Call of the House_ =41=
Art. III. Privileged Motions.
See =14= for a list and the general characteristics of these motions.
=16. To Fix the Time to which the Assembly shall Adjourn.={8} This
motion is privileged only when made while another question is pending
and in an assembly that has made no provision for another meeting on
the same or the next day. The time fixed cannot be beyond the time of
the next meeting. If made in an assembly that already has provided for
another meeting on the same or the next day, or if made in an assembly
when no question is pending, this is a main motion and may be debated
and amended and have applied to it the other subsidiary motions, like
other main motions. Whenever the motion is referred to in these rules
the privileged motion is meant, unless specified to the contrary.
{8} In Congress this motion was given the highest rank of all motions,
but it was so utilized for filibustering purposes and there was so
little need of such a motion in an assembly meeting daily for months,
that in the last revision of the rules it was omitted from the list of
privileged motions. In ordinary assemblies having short or infrequent
sessions its usefulness outweighs the harm that may be done by its
improper use.
This motion when privileged takes precedence of all others, and is in
order even after it has been voted to adjourn, provided the chairman
has not declared the assembly adjourned. It can be amended, and a
vote on it can be reconsidered. When the assembly has no fixed place
for its meetings, this motion should include the place as well as the
time for the next meeting, and in this case the place is subject to
amendment as well as the time. When the assembly meets at the time
to which it adjourned, the meeting is a continuation of the previous
session. Thus, if the Annual Meeting is adjourned to meet on another
day, the adjourned meeting is a legal continuation of the Annual
Meeting. [See =63=.] The form of this motion is, “I move that when we
adjourn, we adjourn (or stand adjourned) to =2= P.M. tomorrow.”
=17. To Adjourn.= The motion to adjourn (when unqualified) is always
a privileged motion except when, for lack of provision for a future
meeting, as in a mass meeting, or at the last meeting of a convention,
its effect, if adopted, would be to dissolve the assembly permanently.
In any organized society holding several regular meetings during the
year, it is, when unqualified, always a privileged motion. When not
privileged it is treated as any other main motion, being debatable and
amendable, etc.
The privileged motion to adjourn takes precedence of all others, except
the privileged motion “to fix the time to which to adjourn,” to which
it yields. It is not debatable, nor can it be amended or have any
other subsidiary [=12=] motion applied to it; nor can a vote on it be
reconsidered. It may be withdrawn.
The motion to adjourn can be repeated if there has been any intervening
business, though it is simply progress in debate. The assembly may
decline to adjourn in order to hear one speech or to take one vote, and
therefore it must have the privilege of renewing the motion to adjourn
when there has been any progress in business or debate. But this high
privilege is liable to abuse to the annoyance of the assembly, if the
chair does not prevent it by refusing to entertain the motion when
evidently made for obstructive purposes, as when the assembly has just
voted it down, and nothing has occurred since to show the possibility
of the assembly’s wishing to adjourn. [See Dilatory Motions, =40=.]
The motion to adjourn, like every other motion, cannot be made except
by a member who has the floor. When made by one who has not risen and
addressed the chair and been recognized, it can be entertained only
by general consent. It cannot be made when the assembly is engaged in
voting, or verifying the vote, but is in order after the vote has been
taken by ballot before it has been announced. In such case the ballot
vote should be announced as soon as business is resumed. Where much
time will be consumed in counting ballots the assembly may adjourn,
having previously appointed a time for the next meeting, or, still
better, may take a recess as explained in the next section. No appeal,
or question of order, or inquiry, should be entertained after the
motion to adjourn has been made, unless it is of such a nature that its
decision is necessary before an adjournment, or unless the assembly
refuses to adjourn, when it would be in order.
Before putting the motion to adjourn, the chair, in most organizations,
should be sure that no important matters have been overlooked. If there
are announcements to be made they should be attended to before taking
the vote, or at least, before announcing it. If there is something
requiring action before adjournment, the fact should be stated and the
mover requested to withdraw his motion to adjourn. The fact that the
motion to adjourn is undebatable does not prevent the assembly’s being
informed of business requiring attention before adjournment. Members
should not leave their seats until the chair has declared the assembly
adjourned.
An adjournment sine die—that is, without day—closes the session and
if there is no provision for convening the assembly again, of course
the adjournment dissolves the assembly. But, if any provision has been
made whereby another meeting may be held, its effect is simply to close
the session. In an assembly, as a convention, which meets regularly
only once during its life, but whose by-laws provide for calling
special meetings, an adjournment sine die means only the ending of the
regular session of the convention, which, however, may be reconvened as
provided in the by-laws. If called to meet again the assembly meets as
a body already organized.
When the motion to adjourn is qualified in any way, or when its effect
is to dissolve the assembly without any provision being made for
holding another meeting of the assembly, it loses its privilege and is
a main motion, debatable and amendable and subject to having applied to
it any of the subsidiary motions.
In committees where no provision has been made for future meetings,
an adjournment is always at the call of the chair unless otherwise
specified. When a special committee, or the committee of the whole,
has completed the business referred to it, instead of adjourning, it
_rises_ and reports, which is equivalent to adjournment without day.
The _Effect upon Unfinished Business_ of an adjournment, unless the
assembly has adopted rules to the contrary, is as follows:
(_a_) When the adjournment does not close the session [=63=], the
business interrupted by it is the first in order after the reading
of the minutes at the next meeting, and is treated the same as if
there had been no adjournment, an adjourned meeting being legally the
continuation of the meeting of which it is an adjournment.
(_b_) When the adjournment closes a session{9} in an assembly having
regular sessions as often as quarterly, the unfinished business should
be taken up, just where it was interrupted, at the next succeeding
session previous to new business; provided that, in a body elected,
either wholly or in part, for a definite time (as a board of directors
one-third of whom are elected annually), unfinished business falls to
the ground with the expiration of the term for which the board, or any
part of it, was elected.
{9} “All business before committees of the House at the end of one
session shall be resumed at the commencement of the next session of the
same Congress in the same manner as if no adjournment had taken place.”
H. R. Rule 26. In practice this rule is applied to business before the
House as well as to that before committees. But unfinished business
does not go over from one Congress to another Congress. When a society
meets only once in six months or a year, there is liable to be as great
a difference in the personnel of the two consecutive meetings as of two
consecutive Congresses; and only trouble would result from allowing
unfinished business to hold over to the next yearly meeting.
(_c_) When the adjournment closes a session in an assembly which does
not meet as often as quarterly, or when the assembly is an elective
body, and this session ends the term of a portion of the members, the
adjournment puts an end to all business unfinished at the close of the
session. The business may be introduced at the next session, the same
as if it had never been before the assembly.
=18. Take a Recess.={10} This motion is practically a combination
of the two preceding, to which it yields, taking precedence of all
other motions. If made when other business is before the assembly, it
is a privileged motion and is undebatable and can have no subsidiary
motion applied to it except amend. It can be amended as to the length
of the recess. It takes effect immediately. A motion to take a recess
made when no business is before the assembly, or a motion to take a
recess at a future time, has no privilege, and is treated as any other
main motion. A recess is an intermission in the day’s proceedings, as
for meals or for counting the ballots when much time is required; or
in the case of meetings like conventions lasting for several days a
recess is sometimes taken over an entire day. When a recess is provided
for in the order of exercises, or program, the chair, when the time
arrives, announces the fact and says the assembly stands adjourned, or
in recess, to the specified hour. The assembly by a two-thirds vote
can postpone the time for taking a recess, or adjournment. When the
hour has arrived to which the recess was taken, the chairman calls the
assembly to order and the business proceeds the same as if no recess
had been taken. If the recess was taken after a vote had been taken and
before it was announced, then the first business is the announcement
of the vote. The intermissions in the proceedings of a day are termed
recesses, whether the assembly voted to take a recess, or whether it
simply adjourned having previously adopted a program or rule providing
for the hours of meeting. When an assembly has frequent short regular
meetings not lasting over a day, and an adjourned meeting is held on
another day, the interval between the meetings is not referred to as a
recess.
{10} Congress has omitted this motion from its latest revision of the
list of privileged motions, on account of its abuse for filibustering
purposes, and its being so seldom needed.
=19. Questions of Privilege.= Questions relating to the rights and
privileges of the assembly, or to any of its members, take precedence
of all other motions except the three preceding relating to adjournment
and recess, to which they yield. If the question is one requiring
immediate action it may interrupt a member’s speech; as, for example,
when, from any cause, a report that is being read cannot be heard in
a part of the hall. But if it is not of such urgency it should not
interrupt a member after he has commenced his speech. Before a member
has commenced speaking, even though he has been assigned the floor, it
is in order for another member to raise a question of privilege. When
a member rises for this purpose he should not wait to be recognized,
but immediately on rising should say, “Mr. Chairman,”—and when he
catches the chairman’s eye, should add, “I rise to a question of
privilege affecting the assembly,” or “I rise to a question of personal
privilege.” The chair directs him to state his question, and then
decides whether it is one of privilege or not. From this decision any
two members may appeal. The chair may decide it to be a question of
privilege, but not of sufficient urgency to justify interrupting the
speaker. In such a case the speaker should be allowed to continue, and,
when he has finished, the chair should immediately assign the floor to
the member who raised the question of privilege to make his motion if
one is necessary. Whenever his motion is made and stated, it becomes
the immediately pending question and is open to debate and amendment
and the application of all the other subsidiary motions just as any
main motion. Its high privilege extends only to giving it the right to
consideration in preference to any other question except one relating
to adjournment or recess, and, in cases of great urgency, the right
to interrupt a member while speaking. It cannot interrupt voting or
verifying a vote. As soon as the question of privilege is disposed of,
the business is resumed exactly where it was interrupted; if a member
had the floor at the time the question of privilege was raised, the
chair assigns him the floor again.
Questions of privilege may relate to the privileges of the assembly
or only of a member, the former having the precedence if the two come
into competition. Questions of personal privilege must relate to one
as a member of the assembly, or else relate to charges against his
character which, if true, would incapacitate him for membership.
Questions like the following relate to the privileges of the assembly:
those relating to the organization of the assembly; or to the comfort
of its members, as the heating, lighting, ventilation, etc., of the
hall, and freedom from noise and other disturbance; or to the conduct
of its officers or employees; or to the punishing of a member for
disorderly conduct or other offence; or to the conduct of reporters for
the press, or to the accuracy of published reports of proceedings.
Privileged questions include, besides questions of privilege, a call
for the orders of the day and the privileged motions relating to
adjournment and recess. This distinction between privileged questions
and questions of privilege should be borne in mind.
=20. Orders of the Day.={11} _A Call for the Orders of the Day_ (which,
in an ordinary assembly, is a demand that the assembly conform to its
program or order of business) can be made at any time when no other
privileged [=14=] motion is pending and the order of business is being
varied from, and only then. It requires no second, and is in order when
another has the floor, even though it interrupts a speech, as a single
member has a right to demand that the order of business be conformed
to. It is out of order to call for the orders of the day when there is
no variation from the order of business. Thus, the orders of the day
cannot be called for when another question is pending, provided there
are no special orders made for that time or an earlier time, as general
orders cannot interrupt a question actually under consideration. The
call must be simply for the orders of the day, and not for a specified
one, as the latter has no privilege. When the time has arrived for
which a special order has been made, a call for the orders of the day
takes precedence of everything except the other privileged motions,
namely, those relating to adjournment and recess, and questions of
privilege, to which it yields. If there are no special orders a call
for the orders of the day cannot interrupt a pending question; but,
if made when no question is pending, it is in order even when another
has the floor and has made a main motion, provided the chair has not
stated the question. Until the time of actually taking up the general
orders for consideration this call yields to a motion to reconsider, or
to a calling up of a motion to reconsider, previously made. A call for
the orders of the day cannot be debated or amended, or have any other
subsidiary motion applied to it.
{11} While Congress retains the call for the orders of the day in its
list of privileged motions, it has abandoned the use of orders of
the day, having, instead, a detailed order of business with several
calendars. It retains special orders which may be made by a two-thirds
vote.
It is the duty of the chair to announce the business to come before
the assembly in its proper order, and if he always performs this
duty there will be no occasion for calling for the orders of the
day. But there are occasions when the chair fails to notice that the
time assigned for a special order has arrived, or he thinks that the
assembly is so interested in the pending question that it does not wish
yet to take up the special order assigned for that time, and therefore
delays announcing it. In such a case, as already stated, any member
has a right to call for the orders of the day, and thus compel the
chair either to announce the order or else put the question, “Will
the assembly proceed to the orders of the day?” To refuse to take up
the orders at the appointed time is an interference with the order of
business similar to suspending the rules and should require the same
vote—namely, two-thirds. In other words, a two-thirds vote in the
negative is necessary to prevent proceeding to the orders of the day.
If the assembly refuses to proceed to the orders of the day the orders
cannot be called for again until the pending business is disposed of.
When the orders of the day are announced, or when they are called for,
if it is desired to prolong the discussion of the pending question,
some one should move that the time for considering the pending question
be extended a certain number of minutes. A two-thirds vote is required
for the adoption of this motion as it changes the order of business
or program. After the order has been announced and the question is
actually pending, it is debatable and may be amended or have any other
subsidiary motion applied to it the same as any other main motion. The
orders of the day in a mass cannot be laid on the table or postponed,
but when an order has been actually taken up it may, by a majority
vote, be laid on the table, or postponed, or committed, so that, if
there is no other order to interfere, the consideration of the question
previously pending will be resumed. Whenever the orders of the day are
disposed of, the consideration of the interrupted business is taken up
at the point where it was interrupted by the call for the orders of the
day. By suspending the rules by a two-thirds vote any question may be
taken up out of its proper order.
_Orders of the Day._ When one or more subjects have been assigned to a
particular day or hour (by postponing them to, or making them special
orders for, that day or hour, or by adopting a program or order of
business), they become the orders of the day for that day or hour, and
they cannot be considered before that time, except by a two-thirds
vote. They are divided into General Orders and Special Orders, the
latter always taking precedence of the former.
A _General Order_ is usually made by simply postponing a question to
a certain day or hour, or after a certain event. It does not suspend
any rule, and therefore cannot interrupt business. But after the
appointed hour has arrived it has the preference, when no question
is pending, over all other questions except special orders and
reconsideration. It cannot be considered before the appointed time
except by a reconsideration or by a two-thirds vote. When the order of
business provides for orders of the day, questions simply postponed to
a meeting, without specifying the hour, come up under that head. If no
provision is made for orders of the day, then such postponed questions
come up after the disposal of the business pending at the previous
adjournment, and after the questions on the calendar that were not
disposed of at the previous meeting.
An order of business that specifies the order in which, but not
the time when, the business shall be transacted, together with the
postponed questions constitutes the general orders. This order cannot
be varied from except by general consent or by suspending the rules
by a two-thirds vote. If all of this business is not disposed of
before adjournment, it becomes “unfinished business,” and is treated
as unfinished business, as explained in =17= under The Effect Upon
Unfinished Business of an Adjournment.
As general orders cannot interrupt the consideration of a pending
question, it follows that any general order made for an earlier hour,
though made afterwards, by not being disposed of in time may interfere
with the general order previously made. Therefore, general orders must
take precedence among themselves in the order of the times to which
they were postponed, regardless of when the general order was made. If
several are appointed for the same time, then they take precedence in
the order in which they were made. If several appointed for the same
time were made at the same time, then they take precedence in the order
in which they were arranged in the motion making the general order.
To _Make a Special Order_ requires a two-thirds vote, because it
suspends all rules that interfere with its consideration at the
specified time, except those relating to motions for adjournment
or recess, or to questions of privilege, or to special orders made
before it was made. A pending question is made a special order for a
future time by “Postponing it and making it a special order for that
time.” [See Postpone to a Certain Time, =31=, which should be read in
connection with this section.] If the question is not pending, the
motion to make it a special order for a certain time is a main motion,
debatable, amendable, etc. The member desirous of making it a special
order should obtain the floor when nothing is pending, and business
of that class, or new business, is in order, and say, “I move that the
following resolution be made the special order for [specifying the
time],” and then reads the resolution and hands it to the chair. Or
he may adopt this form: “I offer the following resolution, and move
that it be made a special order for the next meeting.” Or, in case a
committee has been appointed to submit a revision of the constitution,
the following resolution may be adopted: “Resolved, That the revision
of the constitution be made the special order for Thursday morning and
thereafter until it is disposed of.” Another way of making special
orders is by adopting a program, or order of business, in which is
specified the hour for taking up each topic.
_Program._ It is customary to adopt a program, or order of business,
in conventions in session for several days. Since the delegates and
invited speakers come from a distance, it is very important that the
program be strictly adhered to. No change can be made in it after
its adoption by the assembly, except by a two-thirds vote. When the
hour assigned to a certain topic arrives, the chair puts to vote any
questions pending and announces the topic for the hour. This is done
because, under such circumstances, the form of the program implies
that the hour, or other time, assigned to each topic is all that can
be allowed. But, if any one moves to lay the question on the table, or
postpone it to a certain time, or refer it to a committee, the chair
should recognize the motion and immediately put it to vote without
debate. Should any one move to extend the time allotted the pending
question, it should be decided instantly without debate, a two-thirds
vote being necessary for the extension. It is seldom that an extension
is desirable, as it is unfair to the next topic. When an invited
speaker exceeds his time it is extremely discourteous to call for the
orders of the day. The chair should have an understanding with invited
speakers as to how he will indicate the expiration of their time. This
can be done by tapping on a book or a bell. It is usually better to
have it understood that the signal will be given one minute before
the time expires, or longer if the speaker wishes it, so that he can
properly close his address. At the expiration of the time the presiding
officer should rise and attract the attention of the speaker and, if
he still continues speaking, the chair should say that the time has
expired, etc.
A _series of special orders made by a single vote_ is treated the same
as a program—that is, at the hour assigned to a particular subject it
interrupts the question assigned to the previous hour. If it is desired
to continue the discussion of the pending topic at another time, it
can be laid on the table or postponed until after the close of the
interrupting question, by a majority vote.
_Special Orders made at different times for specified hours._ When
special orders that have been made at different times come into
conflict, the one that was first made takes precedence of all special
orders made afterwards, though the latter were made for an earlier
hour. No special order can be made so as to interfere with one
previously made. By reconsidering the vote making the first special
order, they can be arranged in the order desired. Suppose, after a
special order has been made for 3 P.M., one is made for 2 P.M., and
still later one is made for 4 P.M.; if the 2 P.M. order is pending at 3
P.M., the order for 3 P.M., having been made first, interrupts it and
continues, if not previously disposed of, beyond 4 P.M., regardless of
the special order for that hour. When it, the 3 P.M. order, is disposed
of, the special order for 2 P.M. is resumed even if it is after 4
o’clock, because the 2 P.M. order was made before the 4 P.M. order.
The only exception to this rule is in the case of the hour fixed for
recess or adjournment. When that hour arrives the chair announces it
and declares the assembly adjourned, or in recess, even though there
is a special order pending that was made before the hour for recess or
adjournment was fixed. When the chair announces the hour, any one can
move to postpone the time for adjournment, or to extend the time for
considering the pending question a certain number of minutes. These
motions are undebatable, and require a two-thirds vote.
_Special Orders when only the day or meeting is specified._ Often
subjects are made special orders for a meeting without specifying an
hour. If the order of business provides for orders of the day, they
come up under that head, taking precedence of general orders. If there
is no provision for orders of the day, they come up under unfinished
business—that is, before new business. If there is no order of
business, then they may be called up at any time after the minutes are
disposed of.
_The Special Order for a Meeting._ Sometimes a subject is made the
special order for a meeting, as for Tuesday morning in a convention,
in which case it is announced by the chair as the pending business
immediately after the disposal of the minutes. This particular form is
used when it is desired to devote an entire meeting, or so much of it
as is necessary, to considering a special subject, as the revision of
the by-laws. This form of a special order should take precedence of the
other forms of special orders. It is debatable and amendable.
Art. IV. Incidental Motions.
See =13= for a list and the general characteristics of these motions.
=21. Questions of Order and Appeal.= A _Question of Order_ takes
precedence of the pending question out of which it arises; is in
order when another has the floor, even interrupting a speech or the
reading of a report; does not require a second; cannot be amended or
have any other subsidiary motion applied to it; yields to privileged
motions and the motion to lay on the table; and must be decided by
the presiding officer without debate, unless in doubtful cases he
submits the question to the assembly for decision, in which case it is
debatable whenever an appeal would be. Before rendering his decision
he may request the advice of persons of experience, which advice or
opinion should usually be given sitting to avoid the appearance of
debate. If the chair is still in doubt, he may submit the question
to the assembly for its decision in a manner similar to this: “Mr. A
raises the point of order that the amendment just offered [state the
amendment] is not germane to the resolution. The chair is in doubt,
and submits the question to the assembly. The question is, ‘Is the
amendment germane to the resolution?’” As no appeal can be taken from
the decision of the assembly, this question is open to debate whenever
an appeal would be, if the chair decided the question and an appeal
were made from that decision. Therefore, it is debatable except when it
relates to indecorum, or transgression of the rules of speaking, or to
the priority of business, or when it is made during a division of the
assembly, or while an undebatable question is pending. The question is
put thus: “As many as are of opinion that the amendment is germane [or
that the point is well taken] say _aye_; as many as are of a contrary
opinion say _no_. The ayes have it, the amendment is in order, and the
question is on its adoption.” If the negative vote is the larger it
would be announced thus: “The noes have it, the amendment is out of
order, and the question is on the adoption of the resolution.” Whenever
the presiding officer decides a question of order, he has the right,
without leaving his chair, to state the reasons for his decision, and
any two members have the right to appeal from the decision, one making
the appeal and the other seconding it.
It is the duty of the presiding officer to enforce the rules and
orders of the assembly, without debate or delay. It is also the right
of every member who notices the breach of a rule, to insist upon its
enforcement. In such a case he rises from his seat and says, “Mr.
Chairman, I rise to a point of order.” The speaker immediately takes
his seat, and the chairman requests the member to state his point of
order, which he does and resumes his seat. The chair decides the point,
and then, if no appeal is taken and the member has not been guilty of
any serious breach of decorum, the chair permits him to resume his
speech. But, if his remarks are decided to be improper and any one
objects, he cannot continue without a vote of the assembly to that
effect. [See =43= for a full treatment of this subject of indecorum in
debate]. The question of order must be raised at the time the breach of
order occurs, so that after a motion has been discussed it is too late
to raise the question as to whether it was in order, or for the chair
to rule the motion out of order. The only exception is where the motion
is in violation of the laws, or the constitution, by-laws, or standing
rules of the organization, or of fundamental parliamentary principles,
so that if adopted it would be null and void. In such cases it is never
too late to raise a point of order against the motion. This is called
raising a question, or point, of order, because the member in effect
puts to the chair, whose duty it is to enforce order, the question as
to whether there is not now a breach of order.
Instead of the method just described, it is usual, when it is simply
a case of improper language used in debate, for the chair to call
the speaker to order, or for a member to say, “I call the gentleman
to order.” The chairman decides whether the speaker is in or out of
order, and proceeds as before.
_Appeal._ An appeal may be made from any decision of the chair (except
when another appeal is pending), but it can be made only at the time
the ruling is made. It is in order while another member has the floor.
If any debate or business has intervened it is too late to appeal. An
answer to a parliamentary inquiry is not a decision, and therefore
cannot be appealed from. While an appeal is pending a question of
order may be raised, which the chair decides peremptorily, there being
no appeal from this decision. But the question as to the correctness
of the ruling can be brought up afterwards when no other business is
pending. An appeal yields to privileged motions, and to the motion to
lay on the table. The effect of subsidiary motions is as follows: An
appeal cannot be amended. If the decision from which an appeal is taken
is of such a nature that the reversal of the ruling would not in any
way affect the consideration of, or action on, the main question, then
the main question does not adhere to the appeal, and its consideration
is resumed as soon as the appeal is laid on the table, postponed, etc.
But if the ruling affects the consideration of, or action on, the main
question, then the main question adheres to the appeal, and when the
latter is laid on the table, or postponed, the main question goes with
it. Thus, if the appeal is from the decision that a proposed amendment
is out of order and the appeal is laid on the table, it would be absurd
to come to final action on the main question and then afterwards
reverse the decision of the chair and take up the amendment when there
was no question to amend. The vote on an appeal may be reconsidered.
An appeal cannot be debated when it relates simply to indecorum, or
to transgression of the rules of speaking, or to the priority of
business, or if made during a division of the assembly, or while the
immediately pending question is undebatable. When debatable, as it is
in all other cases, no member is allowed to speak more than once except
the presiding officer, who may at the close of the debate answer the
arguments against the decision. Whether debatable or not, the chairman
when stating the question on the appeal may, without leaving the chair,
state the reasons for his decision.
When a member wishes to appeal from the decision of the chair he rises
as soon as the decision is made, even though another has the floor, and
without waiting to be recognized by the chair, says, “Mr. Chairman, I
appeal from the decision of the chair.” If this appeal is seconded, the
chair should state clearly the question at issue, and his reasons for
the decision if he thinks it necessary, and then state the question
thus: “The question is, ‘Shall the decision of the chair stand as the
judgment of the assembly [or society, or club, etc.]?’” or, “Shall the
decision of the chair be sustained?” To put the question he would say,
“Those in the affirmative say _aye_,” and after the affirmative vote
has been taken he would say, “Those in the negative say _no_. The ayes
have it and the decision of the chair is sustained [or stands as the
judgment of the assembly].” Or, “The noes have it and the decision of
the chair is reversed.” In either case he immediately announces what is
before the assembly as the result of the vote. If there is a tie vote
the chair is sustained, and if the chair is a member of the assembly
he may vote to make it a tie, on the principle that the decision of
the chair stands until reversed by a majority, including the chairman
if he is a member of the assembly. In stating the question, the word
“assembly” should be replaced by “society,” or “club,” or “board,”
etc., as the case may be. The announcement of a vote is not a decision
of the chair. If a member doubts the correctness of the announcement he
cannot appeal, but should call for a “Division” [=25=].
=22. Suspension of the Rules.={12} The motion to suspend the rules may
be made at any time when no question is pending; or while a question
is pending, provided it is for a purpose connected with that question.
It yields to all the privileged motions (except a call for the orders
of the day), to the motion to lay on the table, and to incidental
motions arising out of itself. It is undebatable and cannot be amended
or have any other subsidiary motion applied to it, nor can a vote on
it be reconsidered, nor can a motion to suspend the rules for the same
purpose be renewed at the same meeting except by unanimous consent,
though it may be renewed after an adjournment, even if the next meeting
is held the same day.
{12} In Congress the former practice was to suspend the rule as to the
order of business in order to consider a particular bill, but now it is
customary “to suspend the rule and pass” the resolution or bill. H. R.
Rule 27 contains the following:
“1. No rule shall be suspended except by a vote of two-thirds of the
members voting, a quorum being present; nor shall the Speaker entertain
a motion to suspend the rules except on the first and third Mondays of
each month, preference being given on the first Monday to individuals
and on the third Monday to committees, and during the last six days of
a session.
“2. All motions to suspend the rules shall, before being submitted to
the House, be seconded by a majority by tellers, if demanded.
“3. When a motion to suspend the rules has been seconded, it shall
be in order, before the final vote is taken thereon, to debate the
proposition to be voted upon for forty minutes, one-half of such time
to be given to debate in favor of, and one-half to debate in opposition
to, such proposition; and the same right of debate shall be allowed
whenever the previous question has been ordered on any proposition on
which there has been no debate.”
When the assembly wishes to do something that cannot be done without
violating its own rules, and yet it is not in conflict with its
constitution, or by-laws, or with the fundamental principles of
parliamentary law, it “suspends the rules that interfere with” the
proposed action. The object of the suspension must be specified, and
nothing else can be done under the suspension. The rules that can be
suspended are those relating to priority of business, or to business
procedure, or to admission to the meetings, etc., and would usually
be comprised under the heads of rules of order. Sometimes societies
include in their by-laws some rules relating to the transaction of
business without any intention, evidently, of giving these rules any
greater stability than is possessed by other rules of their class,
and they may be suspended the same as if they were called rules of
order. A standing rule as defined in 67 may be suspended by a majority
vote. But sometimes the term “standing rules” is applied to what are
strictly rules of order, and then, like rules of order, they require a
two-thirds vote for their suspension. Nothing that requires previous
notice and a two-thirds vote for its amendment can be suspended by less
than a two-thirds vote.
No rule can be suspended when the negative vote is as large as the
minority protected by that rule; nor can a rule protecting absentees be
suspended even by general consent or a unanimous vote. For instance,
a rule requiring notice of a motion to be given at a previous meeting
cannot be suspended by a unanimous vote, as it protects absentees who
do not give their consent. A rule requiring officers to be elected
by ballot cannot be suspended by a unanimous vote, because the rule
protects a minority of one from exposing his vote, and this he must
do if he votes openly in the negative, or objects to giving general
consent. Nor can this result be accomplished by voting that the ballot
of the assembly be cast by the secretary or any one else, as this does
away with the essential principle of the ballot, namely, secrecy, and
is a suspension of the by-law, and practically allows a viva voce vote.
If it is desired to allow the suspension of a by-law that cannot be
suspended under these rules, then it is necessary to provide in the
by-laws for its suspension.
The _Form_ of this motion is, “to suspend the rules that interfere
with,” etc., stating the object of the suspension, as, “the
consideration of a resolution on ........,” which resolution is
immediately offered after the rules are suspended, the chair
recognizing for that purpose the member that moved to suspend the
rules. Or, if it is desired to consider a question which has been laid
on the table, and cannot be taken up at that time because that class
of business is not then in order, or to consider a question that has
been postponed to another time, or that is in the order of business for
another time, then the motion may be made thus, “I move to suspend the
rules and take up [or consider] the resolution....” When the object
is not to take up a question for discussion but to adopt it without
debate, the motion is made thus: “I move to suspend the rules and
adopt [or agree to] the following resolution,” which is then read: or,
“I move to suspend the rules, and adopt [or agree to] the resolution
on....” The same form may be used in a case like this: “I move to
suspend the rules, and admit to the privileges of the floor members of
sister societies,” which merely admits them to the hall.
Instead of a formal motion to suspend the rules, it is more usual to
ask for general consent to do the particular business that is out of
order. As soon as the request is made the chair inquires if there is
any objection, and if no one objects, he directs the member to proceed
just as if the rules had been suspended by a formal vote. [See General
Consent 48.]
=23. Objection to the Consideration of a Question.= An objection may
be made to the consideration of any original main motion, and to no
others, provided it is made before there is any debate or before any
subsidiary motion is stated. Thus, it may be applied to petitions and
to communications that are not from a superior body, as well as to
resolutions. It cannot be applied to incidental main motions [=11=],
such as amendments to by-laws, or to reports of committees on subjects
referred to them, etc. It is similar to a question of order in that it
can be made when another has the floor, and does not require a second;
and as the chairman can call a member to order, so he can put this
question, if he deems it advisable, upon his own responsibility. It
cannot be debated, or amended, or have any other subsidiary motion
applied to it. It yields to privileged motions and to the motion to
lay on the table. A negative, but not an affirmative vote on the
consideration may be reconsidered.{13}
{13} In Congress the introduction of a question may be prevented
temporarily by a majority vote under H. R. Rule 16, §3, which is as
follows: “3. When any motion or proposition is made, the question,
Will the House now consider it? shall not be put unless demanded by a
member.” If the House refuses to consider a bill the vote cannot be
reconsidered. But this refusal does not prevent the question’s being
again introduced the same session. In assemblies having brief sessions
lasting usually only a few hours, or at most not over a week, it is
necessary that the assembly have the power by a two-thirds vote to
decide that a question shall not be introduced during that session. As
the refusal to consider the question prevents its renewal during the
session, the vote may be reconsidered.
When an original main motion is made and any member wishes to prevent
its consideration, he rises, although another has the floor, and says,
“Mr. Chairman, I object to its consideration.” The chairman immediately
puts the question, “The consideration of the question has been
objected to: Will the assembly consider it? [or, Shall the question
be considered?]” If decided in the negative by a two-thirds vote, the
whole matter is dismissed for that session; otherwise, the discussion
continues as if this objection had never been made. The same question
may be introduced at any succeeding session.
The _Object_ of this motion is not to cut off debate (for which
other motions are provided) but to enable the assembly to avoid
altogether any question which it may deem irrelevant, unprofitable,
or contentious. If the chair considers the question entirely outside
the objects of the society, he should rule it out of order, from which
decision an appeal may be taken.
Objection to the consideration of a question must not be confounded
with objecting where unanimous consent, or a majority vote, is
required. Thus, in case of the minority of a committee desiring to
submit their views, a single member saying, “I object,” prevents it,
unless the assembly by a majority vote grants them permission.
=24. Division of a Question, and Consideration by Paragraph.= _Division
of a Question._ {14} The motion to divide a question can be applied
only to main motions and to amendments. It takes precedence of nothing
but the motion to postpone indefinitely, and yields to all privileged,
incidental, and subsidiary motions except to amend and to postpone
indefinitely. It may be amended but can have no other subsidiary motion
applied to it. It is undebatable. It may be made at any time when
the question to be divided, or the motion to postpone indefinitely,
is immediately pending, even after the previous question has been
ordered. But it is preferable to divide the question when it is first
introduced. When divided each resolution or proposition is considered
and voted on separately, the same as if it had been offered alone.
The motion to adopt, which was pending when the question was divided,
applies to all the parts into which the question has been divided and
should not, therefore, be repeated. The formality of a vote on dividing
the question is generally dispensed with, as it is usually arranged by
general consent. But if this cannot be done, then a formal motion to
divide is necessary, specifying the exact method of division.
{14} Section 6 of H. R. Rule 16 is as follows: “6. On the demand of any
member, before the question is put, a question shall be divided if it
include propositions so distinct in substance that one being taken away
a substantive proposition shall remain.”
When a motion relating to a certain subject contains several parts,
each of which is capable of standing as a complete proposition if the
others are removed, it can be divided into two or more propositions to
be considered and voted on as distinct questions, by the assembly’s
adopting a motion to divide the question in a specified manner. The
motion must clearly state how the question is to be divided, and
any one else may propose a different division, and these different
propositions, or amendments, should be treated as filling blanks;
that is, they should be voted on in the order in which they are made,
unless they suggest different numbers of questions, when the largest
number is voted on first. If a resolution includes several distinct
propositions, but is so written that they cannot be separated without
its being rewritten, the question can not be divided. The division must
not require the secretary to do more than to mechanically separate the
resolution into the required parts, prefixing to each part the words
“_Resolved_, That,” or “_Ordered_, That,” and dropping conjunctions
when necessary, and replacing pronouns by the nouns for which they
stand, wherever the division makes it necessary. When the question is
divided, each separate question must be a proper one for the assembly
to act upon, if none of the others is adopted. Thus, a motion to
“commit with instructions” is indivisible; because, if divided, and the
motion to commit should fail, then the other motion, to instruct the
committee, would be absurd, as there would be no committee to instruct.
The motion to “strike out certain words and insert others” is strictly
one proposition and therefore indivisible.
If a series of independent resolutions relating to different subjects
is included in one motion, it must be divided on the request of a
single member, which request may be made while another has the floor.
But however complicated a single proposition may be, no member has
a right to insist upon its division. His remedy is to move that it
be divided, if it is capable of division, or, if not, to move to
strike out the objectionable parts. A motion to strike out a name in
a resolution brings the assembly to a vote on that name just as well
as would a division of the question, if it were allowed to go to that
extent, which it is not. If a series of resolutions is proposed as a
substitute for another series, such a motion is incapable of division;
but a motion can be made to strike out any of the resolutions before
the vote is taken on the substitution. After they have been substituted
it is too late to strike out any of them. When a committee reports a
number of amendments to a resolution referred to it, one vote may be
taken on adopting, or agreeing to, all the amendments provided no one
objects. But if a single member requests separate votes on one or more
of the amendments, they must be considered separately. The others may
all be voted on together.
_Consideration by Paragraph or Seriatim._ Where an elaborate
proposition is submitted, like a series of resolutions on one subject,
or a set of by-laws, the parts being intimately connected, it should
not be divided. The division would add greatly to the difficulty of
perfecting the different paragraphs or by-laws by amendments. If
the paragraphs are adopted separately, and amendments to succeeding
paragraphs make it necessary to amend a preceding one, it can be done
only by first reconsidering the vote on the preceding paragraph. In
the case of by-laws the trouble is increased, because each by-law
goes into effect as soon as adopted, and its amendment is controlled
by any by-law or rule that may have been adopted on the subject.
When the paragraphs are voted on separately no vote should be taken
on the whole. But in all such cases the proper course is to consider
the proposition by paragraph, or section, or resolution, or, as it is
often called, _seriatim_. The chair should always adopt this course
when the question consists of several paragraphs or resolutions, unless
he thinks the assembly wishes to act on them immediately as a whole,
when he asks if they shall be taken up by paragraph, and the matter is
settled informally. Should the chair neglect to take up the proposition
by paragraph, any one may move that the proposition be considered by
paragraph, or seriatim.
The method of procedure in acting upon a complicated report, as, a set
of by-laws, or a series of resolutions that cannot well be divided, is
as follows, the word “paragraph” being used to designate the natural
subdivisions, whether they are paragraphs, sections, articles, or
resolutions. The member submitting the report, having obtained the
floor, says that such and such a committee submits the following
report; or, that the committee recommends the adoption of the following
resolutions. In either case he reads the report, or resolutions, and
moves their adoption. Should he neglect to move their adoption the
chair should call for such a motion, or he may assume the motion and
state the question accordingly. The chairman, or the secretary, or
the member who reported it, as the chair decides is for the best
interest of the assembly, then reads the first paragraph, which is
explained by the reporting member, after which the chair asks, “Are
there any amendments to this paragraph?” The paragraph is then open to
debate and amendment. When no further amendments are proposed to this
paragraph, the chair says, “There being no further amendments to this
paragraph the next will be read.” In a similar manner each paragraph in
succession is read, explained if necessary, debated, and amended, the
paragraphs being amended but not adopted. After all the paragraphs have
been amended, the chair says the entire by-law, or paper, or resolution
is open to amendment, when additional paragraphs may be inserted and
any paragraph may be further amended. When the paper is satisfactorily
amended, the preamble, if any, is treated the same way, and then a
single vote is taken on the adoption of the entire paper, report,
or series of resolutions. If the previous question is ordered on a
resolution, or series of resolutions, or on a set of by-laws, before
the preamble has been considered it does not apply to the preamble,
unless expressly so stated, because the preamble cannot be considered
until after debate has ceased on the resolutions or by-laws. It is not
necessary to amend the numbers of the sections, paragraphs, etc., as
it is the duty of the secretary to make all such corrections where
changes are rendered necessary by amendments.
=25. Division of the Assembly, and other Motions relating to Voting.=
_A Division of the Assembly_ {15} may be called for, without obtaining
the floor, at any time after the question has been put, even after
the vote has been announced and another has the floor, provided the
vote was taken viva voce, or by show of hands, and it is called for
before another motion has been made. This call, or motion, is made by
saying, “I call for a division,” or “I doubt the vote,” or simply by
calling out, “Division.” It does not require a second, and cannot be
debated, or amended, or have any other subsidiary motion applied to it.
As soon as a division is called for, the chair proceeds again to take
the vote, this time by having the affirmative rise, and then when they
are seated having the negative rise. While any member has the right to
insist upon a rising vote, or a division, where there is any question
as to the vote being a true expression of the will of the assembly, the
chair should not permit this privilege to be abused to the annoyance of
the assembly, by members constantly demanding a division where there
is a full vote and no question as to which side is in the majority.
It requires a majority vote to order the vote to be counted, or to be
taken by yeas and nays (roll call) or by ballot. These motions are
incidental to the question that is pending or has just been pending,
and cannot be debated. When different methods are suggested they are
usually treated not as amendments, but like filling blanks, the vote
being taken first on the one taking the most time. In practice the
method of taking a vote is generally agreed upon without the formality
of a vote.
{15} See foot note, page 40, for the rule of Congress.
When the vote is taken by ballot during a meeting of the assembly,
as soon as the chair thinks all have voted who wish to, he inquires
if all have voted, and if there is no response he declares the polls
closed, and the tellers proceed to count the vote. If a formal motion
is made to close the polls it should not be recognized until all have
presumably voted, and then it requires a two-thirds vote like motions
to close debate or nominations. If members enter afterwards and it is
desired to reopen the polls it can be done by a majority vote. None of
these motions are debatable.
=26. Motions relating to Nominations.= If no method of making
nominations is designated by the by-laws or rules, and the assembly has
adopted no order on the subject, any one can make a motion prescribing
the method of nomination for an office to be filled. If the election
is pending, this motion is incidental to it; if the election is not
pending, it is an incidental main motion. It is undebatable and when
it is an incidental motion it can have no subsidiary motion applied
to it except to amend. It yields to privileged motions. The motion may
provide for nominations being made by the chair; or from the floor, or
open nominations as it is also called; or for a nominating committee to
be appointed; or for nominations to be made by ballot; or by mail. [See
Nominations and Elections, =66=.]
_Closing and Reopening Nominations._ Before proceeding to an election,
if nominations have been made from the floor or by a committee, the
chair should inquire if there are any further nominations. If there is
no response he declares the nominations closed. In very large bodies
it is customary to make a motion to close nominations, but until a
reasonable time has been given, this motion is not in order. It is
a main motion, incidental to the nominations and elections, cannot
be debated, can be amended as to the time, but can have no other
subsidiary motion applied to it. It yields to privileged motions, and
requires a two-thirds vote as it deprives members of one of their
rights.
If for any reason it is desired to reopen nominations it may be done
by a majority vote. This motion is undebatable. It can be amended as
to the time, but no other subsidiary motion can be applied to it. It
yields to privileged motions.
=27. Requests Growing out of the Business of the Assembly.= During
the meetings of a deliberative assembly there are occasions when
members wish to obtain information, or to do or to have done things
that necessitate their making a request. Among these are the following,
which will be treated separately:
(_a_) _Parliamentary Inquiry_; (_b_) _Request for Information_; (_c_)
_Leave to Withdraw a Motion_; (_d_) _Reading Papers_; (_e_) _To be
Excused from a Duty_; (_f_) _For any other Privilege_.
(_a_) _Parliamentary Inquiry._ A parliamentary inquiry, if it relates
to a question that requires immediate attention, may be made while
another has the floor, or may even interrupt a speech. It should not,
however, be permitted to interrupt a speaker any more than is necessary
to do justice to the inquirer. It yields to privileged motions, if
they were in order when the inquiry was made, and it cannot be debated
or amended or have any other subsidiary motion applied to it. The
inquirer does not obtain the floor, but rises and says, “Mr. Chairman,
I rise to a parliamentary inquiry.” The chairman asks him to state
his inquiry, and if he deems it pertinent, he answers it. Or, if the
inquiry is made when another has the floor, and there is no necessity
for answering it until the speech is finished, the chair may defer
his answer until the speaker has closed his remarks. While it is not
the duty of the chairman to answer questions of parliamentary law
in general, it is his duty when requested by a member, to answer any
questions on parliamentary law pertinent to the pending business that
may be necessary to enable the member to make a suitable motion or
to raise a point of order. The chairman is supposed to be familiar
with parliamentary law, while many of the members are not. A member
wishing to raise a point of order and yet in doubt, should rise to a
parliamentary inquiry and ask for information. Or, for instance, he may
wish to have the assembly act immediately on a subject that is in the
hands of a committee, and he does not know how to accomplish it;—his
recourse is a parliamentary inquiry.
(_b_) _Request for Information._ A request for information relating to
the pending business is treated just as a parliamentary inquiry, and
has the same privileges. The inquirer rises and says, “Mr. Chairman,
I rise for information,” or, “I rise to a point of information,”
whereupon the chair directs him to state the point upon which he
desires information, and the procedure continues as in case of a
parliamentary inquiry. If the information is desired of the speaker,
instead of the chair, the inquirer upon rising says, “Mr. Chairman, I
should like to ask the gentleman a question.” The chairman inquires
if the speaker is willing to be interrupted, and if he consents, he
directs the inquirer to proceed. The inquirer then asks the question
through the chair, thus, “Mr. Chairman, I should like to ask the
gentleman,” etc. The reply is made in the same way, as it is not in
order for members to address one another in the assembly. While each
speaker addresses the chair, the chair remains silent during the
conversation. If the speaker consents to the interruption the time
consumed is taken out of his time.
(_c_) _Leave to Withdraw or Modify a Motion._ {16} A request for leave
to withdraw a motion, or a motion to grant such leave, may be made
at any time before voting on the question has commenced, even though
the motion has been amended. It requires no second. It may be made
while incidental or subsidiary motions are pending, and these motions
cease to be before the assembly when the question to which they are
incidental or subsidiary is withdrawn. It yields to privileged motions,
and cannot be amended or have any other subsidiary motion applied to
it. It is undebatable. When it is too late to renew it, the motion
to reconsider cannot be withdrawn without unanimous consent. When a
motion is withdrawn, the effect is the same as if it had never been
made. Until a motion is stated by the chairman, the mover may withdraw
or modify it without asking consent of any one. If he modifies it the
seconder may withdraw his second. After the question has been stated
it is in possession of the assembly, and he can neither withdraw nor
modify it without the consent of the assembly. When the mover requests
permission to modify or withdraw his motion, the chair asks if there
is any objection, and if there is none he announces that the motion is
withdrawn or modified in such and such a way, as the case may be. If
any one objects the chair puts the question on granting the request,
or a motion may be made to grant it. In case the mover of a main
motion wishes to accept an amendment that has been offered, without
obtaining the floor, he says, “Mr. Chairman, I accept the amendment.”
If no objection is made the chair announces the question as amended.
If any one objects, the chair states the question on the amendment, as
it can be accepted only by general consent. A request for leave to do
anything is treated the same as a motion to grant the leave except that
the request must be made by the maker of the motion it is proposed to
modify, while the motion to grant the leave is made by some one else
and therefore requires no second as it is favored by the one making the
request.
{16} In Congress a motion “may be withdrawn at any time before a
decision or amendment.” H. R. Rule 16, §2. The rule given above, which
is in accordance with the common parliamentary law, is better adapted
to ordinary assemblies.
(_d_) _Reading Papers._ If any member objects, a member has no right
to read, or have the clerk read, from any paper or book, as a part of
his speech, without the permission of the assembly. The request or the
motion to grant such permission yields to privileged motions. It cannot
be debated, or amended, or have any other subsidiary motion applied to
it. It is customary, however, to allow members to read printed extracts
as parts of their speeches, as long as they do not abuse the privilege.
Where papers are laid before the assembly, every member has a right
to have them read once, or if there is debate or amendment he has the
right to have them read again, before he can be compelled to vote
on them. Whenever a member asks for the reading of any such paper
evidently for information, and not for delay, the chair should direct
it to be read, if no one objects. But a member has not the right to
have anything read (excepting as stated above) without permission of
the assembly. If a member was absent from the hall when the paper under
consideration was read, even though absent on duty, he cannot insist
on its being again read, as the convenience of the assembly is of more
importance than that of a single member.
(_e_) _To be Excused from a Duty._ If a member is elected to office,
or appointed on a committee, or has any other duty placed on him, and
he is unable or unwilling to perform the duty, if present he should
decline it immediately, and if absent he should, upon learning of the
fact, at once notify the secretary or president orally or in writing
that he cannot accept the duty. In most organizations members cannot
be compelled to accept office or perform any duties not required by the
by-laws, and therefore they have the right to decline office. But if
a member does not immediately decline, by his silence he accepts the
office, and is under obligation to perform the duty until there has
been a reasonable opportunity for his resignation to be accepted. The
secretary, for instance, cannot relieve himself from the responsibility
of his office by resigning. His responsibility as secretary does not
cease until his resignation is accepted, or, at least, until there has
been a reasonable time for its acceptance. It is seldom good policy to
decline to accept a resignation. As a member has no right to continue
to hold an office the duties of which he cannot or will not perform,
so a society has no right to force an office on an unwilling member.
When a member declines an office, no motion is necessary, unless the
by-laws of the society make the performance of such duties obligatory
upon members. If the member is present at the election, the vacancy is
filled as if no one had been elected. If the member was not present
at the election, when the chair announces his refusal to take the
office, as it is a question of privilege relating to the organization
of the society, the election to fill the vacancy may take place at once
unless notice is required, or other provision for filling vacancies is
provided by the by-laws. In the case of a resignation, the chair may
at once state the question on accepting it, or a motion to that effect
may be made. In either case it is debatable and may have any subsidiary
motion applied to it. It yields to privileged and incidental motions.
(_f_) _Request for Any Other Privilege._ When any request is to be made
the member rises and addresses the chair, and as soon as he catches the
eye of the chairman, states at once why he rises. He should rise as
soon as a member yields the floor, and, though the floor is assigned to
another, he still makes his request. He should never interrupt a member
while speaking unless he is sure that the urgency of the case justifies
it. As a rule all such questions are settled by general consent, or
informally, but, if objection is made, a vote is taken. An explanation
may be requested or given, but there is no debate. As these requests
arise, they should be treated so as to interrupt the proceedings as
little as is consistent with the demands of justice.
Art. V. Subsidiary Motions.
See =12= for a list and the general characteristics of these motions.
=28. To Lay on the Table.= This motion takes precedence of all other
subsidiary [=12=] motions and of such incidental [=13=] questions as
are pending at the time it is made. It yields to privileged [=14=]
motions and such motions as are incidental to itself. It is undebatable
and cannot have any subsidiary motion applied to it. It may be applied
to any main [=11=] motion; to any question of privilege or order of the
day, after it is before the assembly for consideration; to an appeal
that does not adhere to the main question, so that the action on the
latter would not be affected by the reversal of the chair’s decision;
or to the motion to reconsider when immediately pending, in which case
the question to be reconsidered goes to the table also. No motion that
has another motion adhering to it can be laid on the table by itself;
if laid on the table it carries with it everything that adheres to it.
When a motion is taken from the table [=35=] everything is in the same
condition, as far as practicable, as when the motion was laid on the
table, except that if not taken up until the next session the effect
of the previous question is exhausted. If debate has been closed by
ordering the previous question, or otherwise, up to the moment of
taking the last vote under the order, the questions still before the
assembly may be laid on the table. Thus, if, while a resolution and an
amendment and a motion to commit are pending, the previous question is
ordered on the series of questions, and the vote has been taken and
lost on the motion to commit, it is in order to lay on the table the
resolution, which carries with it the adhering amendment.
This motion cannot be applied to anything except a question actually
pending, therefore it is not in order to lay on the table a class of
questions, as the orders of the day, or unfinished business, or reports
of committees, because they are not pending questions, as only one main
motion can be pending at a time.
To accomplish the desired object, which is evidently to reach a special
subject or class of business, the proper course is to suspend the
rules by a two-thirds vote and take up the desired question or class
of business. Sometimes when it is desired to pass over the next order
or class of business, that business is “passed,” as it is called, by
general consent. In such case, as soon as the business for which it was
“passed” is disposed of, it is then taken up. By general consent, the
business to come before the assembly may be considered in any order the
assembly desires.
If a motion to lay on the table has been made and lost, or if a
question laid on the table has been taken from the table, it shows
that the assembly wishes to consider the question now, and therefore a
motion made the same day to lay that question on the table is out of
order until there has been material progress in business or debate, or
unless an unforeseen urgent matter requires immediate attention. The
assembly cannot be required to vote again the same day on laying the
question on the table unless there is such a change in the state of
affairs as to make it a new question. Motions relating to adjournment
or recess, made and lost, are not business justifying the renewal of
the motion to lay on the table, but the renewal of the motion might be
justified after a vote on an important amendment, or on the motion to
commit. A vote on laying on the table cannot be reconsidered, because,
if lost the motion may be renewed as soon as there has been material
progress in debate or business, or even before if anything unforeseen
occurs of such an urgent nature as to require immediate attention; and
if adopted the question may be taken from the table as soon as the
interrupting business has been disposed of and while no question is
pending, and business of this class, or new or unfinished business, is
in order.
The _Form_ of this motion is, “I move to lay the question on the
table,” or, “That the question be laid on the table,” or, “That the
question lie on the table.” It cannot be qualified in any way; if it is
qualified, thus, “To lay the question on the table until 2 P.M.,” the
chair should state it properly as a motion to postpone until 2 P.M.,
which is a debatable question, and not the motion to lay on the table.
The _Object_ {17} of this motion is to enable the assembly, in order
to attend to more urgent business, to lay aside the pending question
in such a way that its consideration may be resumed at the will of the
assembly as easily as if it were a new question, and in preference
to new questions competing with it for consideration. It is to the
interest of the assembly that this object should be attained instantly
by a majority vote, and therefore this motion must either apply to,
or take precedence of, every debatable motion whatever its rank. It
is undebatable, and requires only a majority vote, notwithstanding
the fact that if not taken from the table the question is suppressed.
These are dangerous privileges which are given to no other motion whose
adoption would result in final action on a main motion. There is a
great temptation to make an improper use of them, and lay questions on
the table for the purpose of instantly suppressing them by a majority
vote, instead of using the previous question, the legitimate motion to
bring the assembly to an immediate vote. The fundamental principles
of parliamentary law require a two-thirds vote for every motion that
suppresses a main question for the session without free debate. The
motion to lay on the table being undebatable, and requiring only a
majority vote, and having the highest rank of all subsidiary motions,
is in direct conflict with these principles, if used to suppress a
question. If habitually used in this way, it should, like the other
motions to suppress without debate, require a two-thirds vote.
{17} The common parliamentary law in regard to this motion is thus
laid down in Section 33 of Jefferson’s Manual, the authority in both
Houses of Congress: “4. When the House has something else which claims
its present attention, but would be willing to reserve in their power
to take up a proposition whenever it shall suit them, they order it
to lie on their table. It may then be called for at any time.” But,
on account of the enormous number of bills introduced each session
and the possibility of considering only a small fraction of them,
Congress has been obliged to find some way by which the majority can
quickly kill a bill. The high rank and undebatability of this motion
enabled it to be used for this purpose by simply allowing its mover
the right of recognition in preference to the member reporting the
bill, and then not allowing a question to be taken from the table
except under a suspension of the rules (unless it is a privileged
matter), which requires a two-thirds vote. This complete revolution in
the use of the motion to lay on the table renders all the practice of
Congress in regard to this motion useless for any ordinary deliberative
assembly. It is the extreme of a “gag law,” and is only justifiable
in an assembly where it is impossible to attend to one-tenth of the
bills and resolutions introduced. In Congress, to lay on the table and
the previous question require the same vote (a majority), and in all
ordinary societies where to lay on the table is habitually used to kill
questions, it should require the same vote as the previous question,
namely, two-thirds.
The minority has no remedy for the unfair use of this motion, but the
evil can be slightly diminished as follows: The person who introduces
a resolution is sometimes cut off from speaking by the motion to lay
the question on the table being made as soon as the chair states
the question, or even before. In such cases the introducer of the
resolution should always claim the floor, to which he is entitled,
and make his speech. Persons are commonly in such a hurry to make
this motion that they neglect to address the chair and thus obtain
the floor. In such case one of the minority should address the chair
quickly, and if not given the floor, make the point of order that he
is the first one to address the chair, and that the other member, not
having the floor, was not entitled to make a motion [=3=].
As motions laid on the table are merely temporarily laid aside, the
majority should remember that the minority may all stay to the moment
of final adjournment and then be in the majority, and take up and pass
the resolutions laid on the table. They may also take the question from
the table at the next meeting in societies having regular meetings as
frequently as quarterly. The safer and fairer method is to object to
the consideration of the question if it is so objectionable that it is
not desired to allow even its introducer to speak on it; or, if there
has been debate so it cannot be objected to, then to move the previous
question, which, if adopted, immediately brings the assembly to a vote.
These are legitimate motions for getting at the sense of the members
at once as to whether they wish the subject discussed, and, as they
require a two-thirds vote, no one has a right to object to their being
adopted.
The _Effect_ of the adoption of this motion is to place on the
table, that is, in charge of the secretary, the pending question and
everything adhering to it; so, if an amendment is pending to a motion
to refer a resolution to a committee, and the question is laid on the
table, all these questions go together to the table, and when taken
from the table they all come up together. An amendment proposed to
anything already adopted is a main motion, and therefore when laid on
the table, does not carry with it the thing proposed to be amended. A
question of privilege may be laid on the table without carrying with
it the question it interrupted. In legislative bodies, and all others
that do not have regular sessions as often as quarterly, questions
laid on the table remain there for that entire session, unless taken
up before the session closes. In deliberative bodies with regular
sessions as frequent as quarterly, the sessions usually are very
short and questions laid on the table remain there until the close of
the next regular session, if not taken up earlier: just as in the
same assemblies a question can be postponed to the next session, and
the effect of the motion to reconsider, if not called up, does not
terminate until the close of the next session. The reasons for any
one of these rules apply with nearly equal force to the others. While
a question is on the table no motion on the same subject is in order
that would in any way affect the question that is on the table; it is
necessary first to take the question from the table and move the new
one as a substitute, or to make such other motion as is adapted to the
case.
=29. The Previous Question={18} takes precedence of all subsidiary
[=12=] motions except to lay on the table, and yields to privileged
[=14=] and incidental [=13=] motions, and to the motion to lay on
the table. It is undebatable, and cannot be amended or have any
other subsidiary motion applied to it. The effect of an amendment
may be obtained by calling for, or moving, the previous question on
a different set of the pending questions (which must be consecutive
and include the immediately pending question), in which case the vote
is taken first on the motion which orders the previous question on
the largest number of questions. It may be applied to any debatable
or amendable motion or motions, and if unqualified it applies only to
the immediately pending motion. It may be qualified so as to apply
to a series of pending questions, or to a consecutive part of a
series beginning with the immediately pending question. It requires
a two-thirds vote for its adoption. After the previous question has
been ordered, up to the time of taking the last vote under it, the
questions that have not been voted on may be laid on the table, but
can have no other subsidiary motions applied to them. An appeal made
after the previous question has been demanded or ordered and before
its exhaustion, is undebatable. The previous question, before any
vote has been taken under it, may be reconsidered, but not after
its partial execution. As no one would vote to reconsider the vote
ordering the previous question who was not opposed to the previous
question, it follows that if the motion to reconsider prevails, it
will be impossible to secure a two-thirds vote for the previous
question, and, therefore, if it is voted to reconsider the previous
question it is considered as rejecting that question and placing the
business as it was before the previous question was moved. If a vote
taken under the previous question is reconsidered before the previous
question is exhausted, there can be no debate or amendment of the
proposition; but if the reconsideration is after the previous question
is exhausted, then the motion to reconsider, as well as the question to
be reconsidered, is divested of the previous question and is debatable.
If lost, the previous question may be renewed after sufficient progress
in debate to make it a new question.
{18} The previous question is the only motion used in the House of
Representatives for closing debate. It may be ordered by a majority
vote. If there has been no previous debate on the subject, forty
minutes of debate, to be equally divided between those opposed to
and those in favor of the proposition, is allowed after the previous
question has been ordered. The motion is not allowed in the Senate.
House Rule 17 is as follows:
“1. There shall be a motion for the previous question, which, being
ordered by a majority of members voting, if a quorum be present, shall
have the effect to cut off all debate and bring the House to a direct
vote upon the immediate question or questions on which it has been
asked and ordered. The previous question may be asked and ordered upon
a single motion, a series of motions allowable under the rules, or
an amendment or amendments, or may be made to embrace all authorized
motions or amendments and include the bill to its passage or rejection.
It shall be in order, pending the motion for, or after the previous
question shall have been ordered on its passage, for the Speaker to
entertain and submit a motion to commit, with or without instructions,
to a standing or select committee.
“2. A call of the House shall not be in order after the previous
question is ordered, unless it shall appear upon an actual count by the
Speaker that a quorum is not present.
“3. All incidental questions of order arising after a motion is made
for the previous question, and pending such motion, shall be decided,
whether on appeal or otherwise, without debate.”
The _Form_ of this motion is, “I move [or demand, or call for] the
previous question on [here specify the motions on which it is desired
to be ordered].” As it cannot be debated or amended, it must be voted
on immediately. The form of putting the question{19} is, “The previous
question is moved [or demanded, or called for] on [specify the motions
on which the previous question is demanded]. As many as are in favor
of ordering the previous question on [repeat the motions] will rise.”
When they are seated he continues, “Those opposed will rise. There
being two-thirds in favor of the motion, the affirmative has it and
the previous question is ordered on [repeat the motions upon which it
is ordered]. The question is [or recurs] on [state the immediately
pending question]. As many as are in favor,” etc. If the previous
question is ordered the chair immediately proceeds to put to vote the
questions on which it was ordered until all the votes are taken, or
there is an affirmative vote on postponing definitely or indefinitely,
or committing, either of which exhausts the previous question. If there
can be the slightest doubt as to the vote the chair should take it
again immediately, counting each side. If less than two-thirds vote in
the affirmative, the chair announces the vote thus: “There not being
two-thirds in favor of the motion, the negative has it and the motion
is lost. The question is on,” etc., the chair stating the question on
the immediately pending question, which is again open to debate and
amendment, the same as if the previous question had not been demanded.
{19} The Congressional form of putting this question is, “The gentleman
from ... demands the previous question. As many as are in favor of
ordering the previous question will say _Aye_; as many as are opposed
will say _No_.”
The question may be put in a form similar to this: “The previous
question has been moved on the motion to commit and its amendment.
As many as are in favor of now putting the question on the motion to
commit and its amendment will rise; those opposed will rise. There
being two-thirds in favor of the motion, the debate is closed on
the motion to commit and its amendment, and the question is on the
amendment,” etc. While this form is allowable, yet it is better to
conform to the regular parliamentary form as given above.
The _Object_ of the previous question is to bring the assembly at once
to a vote on the immediately pending question and on such other pending
questions as may be specified in the demand. It is the proper motion
to use for this purpose, whether the object is to adopt or to kill the
proposition on which it is ordered, without further debate or motions
to amend.
The _Effect_ {20} of ordering the previous question is to close
debate immediately, to prevent the moving of amendments or any other
subsidiary motions except to lay on the table, and to bring the
assembly at once to a vote on the immediately pending question, and
such other pending questions as were specified in the demand, or
motion. If the previous question is ordered on more than one question,
then its effect extends to those questions and is not exhausted until
they are voted on, or they are disposed of as shown below under
exhaustion of the previous question. If the previous question is voted
down, the discussion continues as if this motion had not been made.
The effect of the previous question does not extend beyond the session
in which it was adopted. Should any of the questions upon which it was
ordered come before the assembly at a future session they are divested
of the previous question and are open to debate and amendment.
{20} The former practice of allowing the member reporting a bill from a
committee to close the debate with a speech after the previous question
has been ordered, has been abandoned by Congress.
The previous question is _Exhausted_ during the session as follows:
(1) When the previous question is unqualified, its effect terminates as
soon as the vote is taken on the immediately pending question.
(2) If the previous question is ordered on more than one of the pending
questions its effect is not exhausted until all of the questions upon
which it has been ordered have been voted on, or else the effect of
those that have been voted on has been to commit the main question, or
to postpone it definitely or indefinitely.
If, before the exhaustion of the previous question, the questions on
which it has been ordered that have not been voted on are laid on the
table, the previous question is not exhausted thereby, so that when
they are taken from the table during the same session, they are still
under the previous question and cannot be debated or amended or have
any other subsidiary motion applied to them.
NOTE ON THE PREVIOUS QUESTION.—Much of the confusion heretofore
existing in regard to the Previous Question has arisen from the great
changes which this motion has undergone. As originally designed, and
at present used in the English Parliament, the previous question was
not intended to suppress debate, but to suppress the main question,
and therefore, in England, it is always moved by the enemies of the
measure, who then vote in the negative. It was first used in 1604, and
was intended to be applied only to delicate questions; it was put in
this form, “Shall the main question be put?” and being negatived, the
main question was dismissed for that session. Its form was afterwards
changed to this, which is used at present, “Shall the main question
be _now_ put?” and if negatived the question was dismissed, at first
only until after the ensuing debate was over, but now, for that day.
The motion for the previous question could be debated; when once put
to vote, whether decided affirmatively or negatively, it prevented any
discussion of the main question, for, if decided affirmatively, the
main question was immediately put, and if decided negatively (that is,
that the main question be not now put), it was dismissed for the day.
Our Congress has gradually changed the English Previous Question into
an entirely different motion, so that, while in England, the mover
of the previous question votes against it, in this country he votes
for it. At first the previous question was debatable; if adopted it
cut off all motions except the main question, which was immediately
put to vote; and if rejected the main question was dismissed for that
day as in England. Congress, in 1805, made it undebatable. In 1840
the rule was changed so as not to cut off amendments but to bring the
House to a vote first upon pending amendments, and then upon the main
question. In 1848 its effect was changed again so as to bring the
House to a vote upon the motion to commit if it had been made, then
upon amendments reported by a committee, if any, then upon pending
amendments, and finally upon the main question. In 1860 Congress
decided that the only effect of the previous question, if the motion
to postpone were pending, should be to bring the House to a direct
vote on the postponement—thus preventing the previous question from
cutting off any pending motion. In 1860 the rule was modified also so
as to allow it to be applied if so specified to an amendment or to an
amendment of an amendment, without affecting anything else, and so that
if the previous question were lost the debate would be resumed. In
1880 the rule was further changed so as to allow it to be applied to
single motions, or to a series of motions, the motions to which it is
to apply being specified in the demand; and 30 minutes’ debate, equally
divided between the friends and the enemies of the proposition, was
allowed after the previous question had been ordered, if there had been
no debate previously. In 1890 the 30 minutes’ debate was changed to 40
minutes. The previous question now is simply a motion to close debate
and proceed to voting on the immediately pending question and such
other pending questions as it has been ordered upon.
=30. Limit or Extend Limits of Debate.= Motions, or orders, to limit
or extend the limits of debate, like the previous question, take
precedence of all debatable motions, may be applied to any debatable
motion or series of motions, and, if not specified to the contrary,
apply only to the immediately pending question. If it is voted to limit
the debate, the order applies to all incidental and subsidiary motions
and the motion to reconsider, subsequently made, as long as the order
is in force. But an order extending the limits of debate does not apply
to any motions except the immediately pending one and such others as
are specified. They are undebatable, and require a two-thirds vote for
their adoption. These motions may be amended, but can have no other
subsidiary motion applied to them. They yield to privileged [=14=] and
incidental [=13=] motions, and to the motions to lay on the table and
for the previous question. They may be made only when the immediately
pending question is debatable. When one of them is pending, another one
that does not conflict with it may be moved as an amendment. After one
of these motions has been adopted it is in order to move another one of
them, provided it does not conflict with the one in force. This motion
to limit or extend the limits of debate may be reconsidered even though
the order has been partially executed, and if lost it may be renewed
after there has been sufficient progress in debate to make it a new
question.
After an order is adopted closing debate at a certain hour, or limiting
it to a certain time, the motions to postpone and to commit cannot be
moved until the vote adopting the order has been reconsidered; but
the pending question may be laid on the table, and if it is not taken
from the table until after the hour appointed for closing the debate
and taking the vote, no debate or motion to amend is allowed, as the
chair should immediately put the question. After the adoption of an
order limiting the number or length of the speeches, or extending
these limits, it is in order to move any of the other subsidiary [=12=]
motions on the pending question.
An order modifying the limits of debate on a question is in force only
during the session in which it was adopted. If the question in any way
goes over to the next session it is divested of this order and is open
to debate according to the regular rules.
The various _Forms_ of this motion are as follows:
(1) To fix the hour for closing debate and putting the question, the
form is similar to this: “I move that debate close and the question be
put on the resolution at 9 P.M.”
(2) To limit the length of the debate, the motion may be made thus: “I
move that debate on the pending amendment be limited to twenty minutes.”
(3) To reduce or increase the number and length of speeches, the
motion should be made in a form similar to one of these: “I move that
debate on the pending resolution and its amendments be limited to one
speech of five minutes from each member;” “I move that Mr. A’s time be
extended ten minutes;” “I move that Messrs. A and B (the leaders on the
two sides) be allowed twenty minutes each, to be divided between their
two speeches at their pleasure, and that other members be limited to
one speech of two minutes each, and that the question be put at 9 P.M.”
=31. To Postpone to a Certain Time or Definitely={21} takes precedence
of the motions to commit, to amend, and to postpone indefinitely, and
yields to all privileged [=14=] and incidental [=13=] motions, and to
the motions to lay on the table, for the previous question, and to
limit or to extend the limits of debate. It allows of a limited debate
which must not go into the merits of the main question any more than
is necessary to enable the assembly to determine the propriety of the
postponement. It may be amended as to the time, and also by making
the postponed question a special order. The previous question and the
motions limiting or extending the limits of debate may be applied to
it. It cannot be laid on the table alone, but when it is pending the
main question may be laid on the table which carries with it the motion
to postpone. It cannot be committed or postponed indefinitely. It may
be reconsidered. When it makes a question a special order it requires a
two-thirds vote.
{21} In Congress the form of this motion is to postpone to a day
certain, unless it is proposed to make the question a special order for
a certain hour, when the hour is specified.
The time to which a question is postponed must fall within the session
or the next session,{22} and, if it is desired to postpone it to a
different time, which must not be beyond the next regular session,
it is necessary first to fix the time for an adjourned meeting, and
then the question may be postponed to that meeting. Some societies
have frequent meetings for literary or other purposes at which
business may be transacted, while they hold every month or quarter a
meeting especially for business. In such societies these rules apply
particularly to the regular business meetings, to which questions may
be postponed from the previous regular business meeting or from any of
the intervening meetings. Neither the motion to postpone definitely nor
an amendment to it, is in order when it has the effect of an indefinite
postponement; that is, to defeat the measure, as, for instance, to
postpone until tomorrow a motion to accept an invitation to a banquet
tonight. If the motion to postpone indefinitely is in order at the
time, the chair may treat it as such at his discretion, but it cannot
be recognized as a motion to postpone definitely. It is not in order to
postpone a class of business, as reports of committees; as each report
is announced or called for, it may be postponed, or the rules may be
suspended by a two-thirds vote and the desired question be taken up. A
matter that is required by the by-laws to be attended to at a specified
time or meeting as the election of officers cannot, in advance, be
postponed to another time or meeting, but when that specified time or
meeting arrives the assembly may postpone it to an adjourned meeting.
This is sometimes advisable as in case of an annual meeting for the
election of officers occurring on a very stormy night so that a bare
quorum is present. After an order of the day or a question of privilege
is before the assembly for action, its further consideration may be
postponed, or any other subsidiary motion may be applied to it. When a
question has been postponed to a certain time, it becomes an order of
the day for that time and cannot be taken up before that time except
by a reconsideration, or by suspending the rules for that purpose,
which requires a two-thirds vote. [See Orders of the Day, =20=, for the
treatment of questions that have been postponed definitely.]
{22} In Congress a motion cannot be postponed to the next session, but
it is customary in ordinary societies.
The _Form_ of this motion depends upon the object sought.
(1) If the object is simply to postpone the question to the next
meeting, when it will have precedence of new business, the form of
the motion is “to postpone the question [or, that the question be
postponed] to the next meeting.” It then becomes a general order for
that meeting.
(2) If the object is to specify an hour when the question will be taken
up as soon as the question then pending, if there is any, is disposed
of, the form is similar to this: “I move that the question be postponed
to 3 P.M.”
(3) If it is desired to postpone the question until after a certain
event, when it shall immediately come up, the form is, “To postpone
the question until after the address on Economics.”
(4) If the object is to insure its not being crowded out by other
matters there should be added to the motion to postpone as given in the
first two cases above, the words, “and be made a special order.” Or the
motion may be made thus: “I move that the question be postponed and
made a special order for the next meeting [or, for 3 P.M. tomorrow].”
The motion in this form requires a two-thirds vote, as it suspends the
rules that may interfere with its consideration at the time specified
as explained under Orders of the Day [=20=].
(5) If it is desired to postpone a question to an adjourned meeting
and devote the entire time, if necessary, to its consideration, as in
case of revising by-laws, after providing for the adjourned meeting
the motion should be made in this form: “I move that the question be
postponed and made the special order for next Tuesday evening.” Or,
a question may be postponed and made the special order for the next
regular meeting.
The _Effect_ of postponing a question is to make it an order of the
day for the time to which it was postponed, and if it is not then
disposed of, it becomes unfinished business. Postponing a question to
a certain hour does not make it a special order unless so specified
in the motion. The motion to postpone definitely may be amended by a
majority vote so as to make the amended motion one to make the question
a special order. If this is done the amended motion will require a
two-thirds vote. [Orders of the Day, =20=, should be read in connection
with this section.]
=32. To Commit or Refer.= (All the rules in regard to this motion,
except where stated to the contrary, apply equally to the motions to Go
into Committee of the Whole, to Consider Informally, and to Recommit as
it is called when a question is committed a second time.) This motion
takes precedence of the motions to amend and to postpone indefinitely,
and yields to all the other subsidiary [=12=] motions and to all
privileged [=14=] and incidental [=13=] motions. It cannot be applied
to any subsidiary motion, nor can it be laid on the table or postponed
except in connection with the main question. The previous question, and
motions to limit or extend the limits of debate, and to amend, may be
applied to it without affecting the main question. It is debatable but
only as to the propriety of committing the main question.{23} If the
motion to postpone indefinitely is pending when a question is referred
to a committee, it is lost, and is not referred to the committee.
Pending amendments go with the main motion to the committee. The motion
to commit may be reconsidered, but after the committee has begun the
consideration of the question referred to it, it is too late to move
to reconsider the vote to commit. The committee may, however, then be
discharged as shown below.
{23} Congress has changed its rule in regard to the motion to commit,
so that now it is undebatable, instead of being debatable and opening
to debate the merits of the main question. In a body like Congress,
where nearly all the business must be attended to in committees, debate
on referring a proposition to a committee should not be allowed.
Members can appear before the committee and present their views. But in
an ordinary deliberative assembly it is better to observe the general
principles governing the debatability of motion as laid down on page
184, and allow of debate as to the propriety of referring the question
to a committee.
The motion to commit (that is, to refer to a committee) may vary
in form all the way from the simple form of, “That the question be
referred to a committee,” to the complete form of referring to question
“to a committee of five to be appointed by the chair, with instructions
to report resolutions properly covering the case, at the next regular
business meeting.” If the motion is made in the complete form the
details may be changed by amendments, though they are usually treated
not as ordinary amendments, but as in filling blanks [page 148].
If the motion is made in the simple form of merely referring the
pending question to a committee there are three courses that may be
pursued in completing the details, the one to be chosen depending upon
the circumstances of the case. (1) The simple, or skeleton, motion
may be completed by moving amendments, or making suggestions, for
adding the required details as stated below. (2) The chair on his
own initiative may call for suggestions to complete the motion, first
inquiring as to what committee the question shall be referred, and
continuing in the order shown hereafter. (3) The motion in its simplest
form may be put to vote at once by its enemies’ ordering the previous
question, and where the motion to commit is almost certain to be lost
this is sometimes done to save the time that would be uselessly spent
in completing the details. If it should happen that the motion to
commit is adopted, which is improbable, then the details are completed
before any new business, except privileged matters, can be taken up.
These details are taken up in the order given below, the chair calling
for the several items much as if he were completing the motion before
it was voted on.
In completing a motion simply to refer to a committee, the first
question the chair asks is, “To what committee shall the question be
referred?” If different ones are suggested, the suggestions are not
treated as amendments of those previously offered, but are voted on
in the following order until one receives a majority vote: Committee
of the whole; as if in committee of the whole; consider informally;
standing committee, in the order in which they are proposed; special
(select) committee (largest number voted on first). If the question has
already been before a standing or special committee the motion becomes
the motion to recommit, and the committees would be voted on in the
above order except the old committee would precede other standing and
select committees. In suggesting or moving that the committee be a
special one, the word “special” is not generally used, the motion being
made to refer the question to a committee of five, or any other number,
which makes it a special committee; that is, not a standing committee.
If any committee except a special one is decided upon, the chair should
then put the question on referring the question to that committee. But
any one may interrupt him and move to add instructions, or he, himself,
may suggest them, or instructions may be given after the vote has been
taken on committing the question. Instructions may be given to the
committee by a majority vote at any time before it submits its report,
even at another session.
If the committee is to be a special one, it is necessary in addition to
its number to decide how it is to be appointed. If different methods
are suggested, or moved, they are voted on in the following order:
Ballot; nominations from the floor (or open nominations); nominations
by the chair; and lastly, appointment by the chair, the method that
should usually be adopted in very large assemblies. When this is
decided the completed motion to commit is put to vote. Instructions as
heretofore stated may be added before the vote is taken on the motion
to commit, or they may be given afterwards. If the motion to commit
is adopted, no new business, except privileged matters, can intervene
until the appointment of the committee by the method prescribed, except
that when the chair appoints the committee he may wish time to make his
selections, which, however, must be announced to the assembly.
If nominations are made from the floor no one can nominate more
than one, if objection is made. The member making a nomination in
a large assembly rises, and, addressing the chair without waiting
to be recognized, says, “I nominate Mr. A.” In small assemblies the
nominations for committees are frequently made by members from their
seats suggesting names. The chair repeats each name as he hears it,
and if no more than the prescribed number is suggested, he puts the
question on the members named constituting the committee. If more names
than the prescribed number are suggested, the chair puts the question
on each name in succession, beginning with the first named, until
enough are chosen to fill the committee. The negative must be put as
well as the affirmative, a majority vote being required for each member
of the committee. If the committee is nominated by the chair he states
the question thus: “The question is, ‘Shall these members constitute
the committee?’” It is now in order to move to strike out any of the
names, and if such a motion is adopted the chair replaces them with
other names. When he appoints the committee no vote is taken, but he
must announce the names of the committee to the assembly, and until
such announcement is made the committee cannot act. If it is desired
to permit the chair to appoint a committee after adjournment, it must
be authorized by a vote. The power to appoint a committee carries with
it the power to appoint its chairman and to fill any vacancy that may
arise in the committee. The resignation of a member of a committee
should be addressed to the appointing power.
The _Forms_ of this motion are as follows: “To refer the question to a
committee;” “To recommit the resolution;” “That the subject be referred
to a committee of three to be appointed by the chair, and that it
report by resolution at the next meeting;” “That it be referred to a
committee with power;” “That the assembly do now resolve itself into
[or, go into] committee of the whole, to take under consideration,”
etc., specifying the subject [=55=]; “That the resolution be considered
as if in committee of the whole” [=56=]; “That the resolution be
considered informally” [=57=].
The _Object_ of the motion to refer to a standing or special committee
is usually to enable a question to be more carefully investigated and
put into better shape for the assembly to consider, than can be done in
the assembly itself. Where an assembly is large and has a very large
amount of business it is safer to have every main question go to a
committee before final action on it is taken. A special committee to
investigate and report upon a subject should consist of representative
members on both sides of the question, so that both parties in the
assembly may have confidence in the report, or reports in case there
is disagreement and a minority report is submitted. By care in
selecting committees in ordinary assemblies, debates upon delicate and
troublesome questions can be mostly confined to the committees. It is
not at all necessary to appoint on the committee the member who makes
the motion to refer, but it is usual, and the courteous thing to do,
when he is specially interested or informed on the subject. If the
appointing power does not designate a chairman of the committee, the
member first named acts as such unless the committee elects its own
chairman. Consequently it is very important that the first named should
be an efficient person, especially in a committee for action.
Sometimes a question is referred to a committee with full power to
act in the case. When the duty assigned it has been performed, it
should report what it has done, and when this report has been made the
committee ceases to exist. When the assembly has decided a question
and appoints a committee to take certain action (such as a committee of
arrangements for holding a public meeting), then the committee should
be small, and all should be favorable to the action to be taken. If any
one is appointed on such a committee who is not in sympathy with the
proposed action, he should say so and ask to be excused. Sometimes such
a committee is given power to add to its number.
The object of going into committee of the whole, or considering a
question as if in committee of the whole, or informally, is to enable
the assembly to discuss a question with perfect freedom, there being no
limit to the number of speeches. The first method is used in the United
States House of Representatives, and the second in the United States
Senate. The last one is the simplest, and is best adapted to ordinary
societies that are not very large. They are explained in =55-57=.
If any form of the motion to commit is made with reference to a
question not pending, it becomes a main motion. Thus, a motion to go
into committee of the whole on a question not pending, or to appoint a
committee upon a subject not pending, or to appoint a committee to take
certain action, is a main motion.
_To Discharge a Committee._ When a committee has made its final report
and it has been received by the assembly, the committee ceases to
exist without any motion being made to that effect. If, for any reason,
the assembly wishes to take a question out of the hands of a committee,
and it is too late to reconsider the vote on the committal, it is
necessary to “discharge the committee from further consideration” of
the resolution or other matter referred to it, for as long as the
matter is in the hands of the committee, the assembly cannot consider
anything involving practically the same question. If the committee
has not yet taken up the question referred to it, the proper motion
on the day or the day after it was referred, is to reconsider the
vote to commit, which requires only a majority vote. If the motion to
reconsider cannot be made, a motion to discharge the committee should
be made, which, if adopted, practically rescinds action taken, and
therefore requires a two-thirds vote, or a vote of a majority of the
membership, unless previous notice of the motion has been given, when
it requires only a majority vote. When the committee is discharged its
chairman returns to the secretary all papers that have been entrusted
to him. It requires a motion to bring the matter referred before the
assembly, and this motion may be combined with the motion to discharge,
thus: “I move that the committee to whom was referred the resolution on
immigration be discharged, and that the resolution be now taken up for
consideration [or, be considered at some other specified time].”{24}
{24} In H. R. Rule 27 is the following: “4. Any member may present to
the clerk a motion in writing to discharge a committee from further
consideration of any public bill or joint resolution which may have
been referred to such committee fifteen days prior thereto. All such
motions shall be entered in the journal and printed on a calendar to
be known as a ‘Calendar of Motions to Discharge Committees.’... When
such motions shall be called up ... debate on such motion shall be
limited to twenty minutes, one-half thereof in favor of the proposition
and one-half in opposition thereto. Such motions shall have precedence
over motions to suspend the rules and shall require for adoption an
affirmative vote of a majority of the membership of the House.”
=33. To Amend= takes precedence of the motion to postpone indefinitely,
and yields to all other subsidiary [=12=] motions and to all privileged
[=14=] and incidental [=13=] motions, except the motion to divide the
question. It can be applied to all motions except those in the _List of
Motions that Cannot be Amended_ [page 146]. It can be amended itself,
but this “amendment of an amendment” (an amendment of the second
degree) cannot be amended. The previous question and motions to limit
or extend the limits of debate may be applied to an amendment, or to
only an amendment of an amendment, and in such case they do not affect
the main question, unless so specified. An amendment is debatable in
all cases except where the motion to be amended is undebatable. An
amendment of a pending question requires only a majority vote for its
adoption, even though the question to be amended requires a two-thirds
vote. An amendment of a constitution or by-laws, or rules of order,
or order of business, previously adopted, requires a two-thirds vote;
but an amendment of that amendment requires only a majority vote. When
a motion or resolution is under consideration only one amendment of
the first degree is permitted at a time, and one amendment of that
amendment—that is, an amendment of the second degree—is allowed also.
An amendment of the third degree would be too complicated and is not
in order.{25} Instead of making it, a member may say that if the
amendment of the amendment is voted down, he will offer such and such
an amendment of the amendment. While there can be only one amendment of
each degree pending at the same time, any number of them may be offered
in succession. An amendment must be germane{26} to the subject to be
amended—that is, it must relate to it, as shown further on. So an
amendment to an amendment must be germane to the latter.
{25} A substitute may be reported by a committee while amendments
of the first and second degree are pending as shown on page 226.
In Congress it has been found best to allow a substitute and an
amendment thereto while two amendments are pending. The House rule as
to amendments is as follows: “When a motion or proposition is under
consideration a motion to amend and a motion to amend that amendment
shall be in order, and it shall also be in order to offer a further
amendment by way of substitute, to which one amendment may be offered,
but which shall not be voted on until the original matter is perfected;
but either may be withdrawn before amendment or decision is had
thereon. Amendments to the title of a bill or resolution shall not be
in order until after its passage, and shall be decided without debate.”
H. R. Rule 19.
{26} “... No motion or proposition on a subject different from that
under consideration shall be admitted under color of amendment.” H. R.
Rule 16, §7.
_Form._ An amendment may be in any of the following forms: (_a_)
to _insert_ or _add_ (that is, place at the end); (_b_) to _strike
out_; (_c_) to _strike out_ and _insert_, or to _substitute_, as it
is called, when an entire paragraph or resolution is struck out and
another is inserted. The third form is a combination of the other two
and cannot be divided, though, as shown hereafter, for the purposes
of amendment the two motions are treated separately, the words to be
struck out being first amended and then the words to be inserted. No
amendment is in order the effect of which is to convert one of these
forms into another.
The motion to amend is made in a form similar to this: “I move to amend
the resolution by inserting the word ‘very’ before the word ‘good;’”
or, it may be reduced to a form as simple as this: “I move to insert
‘very’ before ‘good.’” The motion to insert should always specify the
word before or after which the insertion is to be made. The motion
to strike out should also locate the word, provided it occurs more
than once. When the chair states the question on the amendment he
should repeat the motion in detail so that all may understand what
modification is proposed. Unless the effect of the amendment is very
evident, he should, in putting the question, show clearly the effect
of its adoption, even though it requires the reading of the entire
resolution, and then the words to be inserted, or struck out, or
struck out and inserted, and finally the resolution as it will stand
if the amendment is adopted. He then says, “As many as are in favor
of the amendment [or, of striking out, etc., or of inserting, etc.]
say _aye_; those opposed, say _no_. The ayes have it, the amendment is
adopted, and the question is on the resolution as amended, which is,
‘_Resolved_, That,’” etc., reading the resolution as amended. If the
vote is taken by show of hands or by rising, the question is put and
the vote announced thus: “As many as are in favor of the amendment will
rise [or, will raise the right hand]; those opposed will rise [or, will
manifest it in the same way]. The affirmative has it and the amendment
is adopted. The question is on the resolution,” etc. The instant the
amendment is voted on, whether it is adopted or lost, the chair should
announce the result of the vote and state the question that is then
before the assembly.
To _Insert_ or _Add Words_. When a motion to _insert_ [or _add_]
certain words is made, the words to be inserted should be perfected
by amendments proposed by their friends before the vote is taken on
inserting or adding them. After words have been inserted or added,
they cannot be changed or struck out except by a motion to strike out
the paragraph, or such a portion of it as shall make the question an
entirely different one from that of inserting the particular words; or
by combining such a motion to strike out the paragraph or a portion
of it with the motion to insert other words. The principle involved
is that when the assembly has voted that certain words shall form a
part of a resolution, it is not in order to make another motion that
involves exactly the same question as the one it has decided. The only
way to bring it up again is to move to reconsider [=36=] the vote by
which the words were inserted. If the motion to insert is lost, it does
not preclude any other motion to insert these words together with other
words, or in place of other words, provided the new motion presents
essentially a new question to the assembly.
To _Strike out Words_. The motion to strike out certain words can be
applied only to consecutive words, though, as the result of amendments,
the words may be separated when the final vote is taken. If it is
desired to strike out separated words, it is necessary to strike out
the separated words by separate motions, or still better, a motion may
be made to strike out the entire clause or sentence containing the
words to be struck out and insert a new clause or sentence as desired.
The motion to strike out certain words may be amended only by striking
out words from the amendment, the effect of which is to retain in the
resolution the words struck out of the amendment provided both motions
are adopted. If the motion to strike out certain words is adopted, the
same words cannot be again inserted unless the place or the wording is
so changed as to make a new proposition. If the motion to strike out
fails,{27} it does not preclude a motion to strike out the same words
and insert other words, or to strike out a part of the words, or to
strike out a part and insert other words; or to strike out these words
with others, or to do this and insert other words. In each of these
cases the new question is materially different from the old one. For
striking out all, or a part, of something that has been previously
adopted, see “Rescind, etc.” [=37=].
To _Strike Out_ and _Insert Words_ is a combination of the two
preceding motions, and is indivisible.{27} For purposes of amendment
it is resolved into its constituent elements, and the words to be
struck out are first amended, after which the words to be inserted
are amended. After their amendment the question is put on the motion
to strike out and insert. If it is adopted, the inserted words cannot
be struck out, nor can the words struck out be inserted, unless the
words or place are so changed as to make the question a new one, as
described above. If the motion is lost, it does not preclude either
of the single motions to strike out or to insert the same words,
nor another motion to strike out and insert, provided there is any
material change in either the words to be struck out or the words to
be inserted, so that the questions are not practically identical. When
it is desired to strike out or modify separated words, a motion may be
made to strike out so much of the resolution as is necessary to include
all the words to be struck out or changed, and to insert the desired
revision including these words. If the words are inserted in the place
previously occupied by the words struck out, they may differ materially
from the latter, provided they are germane to it. If the words are to
be inserted at a different place, then they must not differ materially
from those struck out, as it must be in the nature of a transfer.
The combined motion to strike out words in one place and to insert
different words in another place is not in order. Either the place or
the words must be substantially the same. If there are several changes
to be made, it is usually better to rewrite the paragraph and offer it
as a substitute, as shown further on.
{27} “A motion to strike out and insert is indivisible, but a motion to
strike out being lost shall neither preclude amendment nor motion to
strike out and insert;...” H. R. Rule 16, §7.
_Amendments Affecting an Entire Paragraph._ A motion to insert (or
add) or to strike out a paragraph, or to substitute one paragraph for
another, is an amendment of the first degree, and therefore cannot be
made when an amendment is pending. The friends of the paragraph to
be inserted or struck out should put it in the best possible shape
by amending it before it is voted on. After a paragraph has been
inserted it cannot be amended except by adding to it; and it cannot be
struck out except in connection with other paragraphs so as to make
the question essentially a new one. If a paragraph is struck out, it
cannot be inserted afterwards unless it is so changed in wording or
place as to present an essentially new question. If the motion to
insert or to strike out a paragraph is lost, it does not preclude any
other motion except one that presents essentially the same question as
the one that the assembly has already decided, as shown above in the
case of amending words of a paragraph. Thus, when a motion to insert
a paragraph has been lost, it is in order to move to insert a part of
the paragraph or the entire paragraph if materially altered. So, though
the assembly has refused to strike out a paragraph, it is in order to
strike out a part of the paragraph or otherwise to amend it, though
it is safer for its friends to make it as nearly perfect as possible
before the vote is taken on striking it out, with a view to defeating
that motion.
A motion to _substitute_ one paragraph for another (which is a
combination of the two preceding motions) after being stated by the
chair is resolved into its two elements for the purpose of amendment,
the chair at first entertaining amendments only to the paragraph to be
struck out, these amendments being of the second degree. After it is
perfected by its friends, the chair asks if there are any amendments
proposed to the paragraph to be inserted. When both paragraphs have
been perfected by amendments the question is put on substituting one
paragraph for the other. Even though the paragraph constitutes the
entire resolution and the motion to substitute is carried, it is
necessary afterwards to vote on adopting the resolution, as it has only
been voted to substitute one paragraph for another. A paragraph that
has been substituted for another cannot be amended afterwards, except
by adding to it, like any other paragraph that has been inserted.
The paragraph that has been replaced cannot be again inserted unless
so modified as to constitute a new question, as with any paragraph
that has been struck out. If the motion to substitute is lost, the
assembly has only decided that that particular paragraph shall not
replace the one specified. It may be willing that it replace some other
paragraph, or that it be inserted, or that the paragraph retained in
the resolution be further amended, or even struck out. But no amendment
is in order that presents to the assembly practically a question that
it has already decided.
In parliamentary language it is not correct to speak of “substituting”
one word or part of a paragraph for another, as the term is applied to
nothing less than a paragraph. When a question is being considered by
section, it is in order to move a substitute for the pending section.
A substitute for the entire resolution, or report, cannot be moved
until the sections have all been considered and the chair has announced
that the entire paper is open to amendment. When a resolution with
amendments of the first and second degree pending, is referred to a
committee, they may report it back with a substitute for the resolution
which they recommend, even though two amendments are pending. In such
a case the chair states the question first on the amendments that were
pending when the resolution was committed. When they are disposed of,
he states the question on the substitute recommended by the committee
and proceeds as in case of any other substitute motion.
_Improper Amendments._ An amendment is not in order which is not
germane to the question to be amended; or merely makes the affirmative
of the amended question equivalent to the negative of the original
question; or is identical with a question previously decided by the
assembly during that session; or changes one form of amendment to
another form; or substitutes one form of motion for another form; or
strikes out the word _Resolved_ from a resolution; or strikes out or
inserts words which would leave no rational proposition before the
assembly; or is frivolous or absurd. An amendment of an amendment must
be germane to—that is, must relate to—the subject of the amendment as
well as the main motion. No independent new question can be introduced
under cover of an amendment. But an amendment may be in conflict with
the spirit of the original motion and still be germane, and therefore
in order.
_Illustrations_: A resolution of censure may be amended by striking
out the word “censure” and inserting the word “thanks,” for both
relate to opinion of certain conduct; refusing to censure is not
the same as expressing thanks. A resolution to purchase some books
could not be amended by striking out the words relating to books and
inserting words relating to a building. Suppose a resolution pending
directing the treasurer to purchase a desk for the secretary, and an
amendment is offered to add the words, “and to pay the expenses of the
delegates to the State Convention;” such an amendment is not germane
to the resolution, as paying the expenses of the delegates is in no
way related to purchasing a desk for the secretary, and is therefore
out of order. But if an amendment were offered to insert the words
“and a permanent record book” after the word “desk,” it would be in
order, because both are articles to enable the secretary to perform
his duties. If a resolution were pending condemning certain things,
it could be amended by adding other things that were similar or in
some way related to them. Suppose a resolution commending A and B
for heroism is pending; if the acts of heroism were not connected,
amendments are in order adding other names for other acts of heroism;
but if the commendation is for an act of heroism in which A and B
were joined, then no names can be added to the resolution unless the
parties were connected with A and B in that act. Suppose the following
resolution pending: “_Resolved_, That the Secretary be instructed
to notify our representative in Congress that we do approve of his
course in regard to the tariff.” A motion to amend by inserting _not_
after the word _be_ would be out of order, because an affirmative vote
on “not instructing” is identical in effect with a negative vote on
“instructing.” But the motion to insert the word _not_ after _do_ is
in order, for an affirmative vote on disapproving of a certain course
is not the same as a negative vote on a resolution of approval, as the
latter may mean nothing but an unwillingness to express an opinion on
the subject. If a resolution is pending and a member makes the motion,
“_I move to strike out the words_ ‘pine benches’ _and insert the words_
‘oak chairs,’” it is an amendment of the first degree, and no other
amendment of that degree is in order until this is acted upon. All
the words in italics are necessary for this form of motion, and are
not subject to amendment. The only amendments in order are those that
change the words “pine benches” or “oak chairs”—that is, first those to
be struck out, and when they are perfected, then those to be inserted.
Suppose the motion to “_strike out_ ‘pine’” is pending, and it is moved
to amend by adding “_and insert_ ‘oak.’” This motion is out of order,
as it changes one form of amendment to another form. It is not in order
to move to strike out the word “adopt” in a motion and insert the word
“reject,” as “adopt” is a formal word necessary to show the kind of
motion made. Practically, however, the same result may be attained by
moving to postpone indefinitely—that is, to reject, the main question.
The chair should never rule an amendment out of order unless he is
perfectly sure that it is so. If he is in doubt he should admit the
amendment, or submit the question as to its being in order to the
assembly as described in =21=.
Every original main motion may be amended. All others may be amended,
except those contained in the following list of
Motions That Cannot Be Amended.
_To adjourn_ (except when it is qualified, or when made in an assembly
with no provision for a future meeting) =17= _Call for the orders
of the day_ =20= _Question of order, and appeal_ =21= _To object to
consideration of a question_ =23= _Call for a division of the assembly_
=25= _To grant leave to withdraw a motion_ =27= _To grant leave to
speak after indecorum_ =21= _A request of any kind_ =27= _To take up a
question out of its proper order_ =22= _To suspend the rules_ =22= _To
lay on the table_ =28= _To take from the table_ =35= _To reconsider_
=36= _The previous question_ =29= _To postpone indefinitely_ =34= _To
amend an amendment_ =33= _To fill a blank_ =33= _A nomination_ =66=
A motion to adopt a resolution or a by-law may be amended by adding,
“and that it be printed and that members be supplied with copies,” or,
“that they go into effect at the close of this annual meeting,” or
anything of a similar kind. Under each of the privileged, incidental,
and subsidiary motions, it is stated whether or not the motion may be
amended, and, when necessary, the way in which it may be amended is
explained. An amendment to anything already adopted is not a subsidiary
motion. The matter to be amended is not pending and is therefore not
affected by anything done with the amendment, provided it is not
adopted. Such an amendment is a main motion subject to amendments of
the first and second degrees. If the motion is to strike out an entire
resolution that has been adopted, it is usually called to _Rescind_
and is explained under that head [=37=]. If the motion is to amend
a by-law, etc., it will be found under Amendments of Constitutions,
By-laws, etc. [=68=]. Minutes are usually amended (corrected)
informally, the chair directing the correction to be made when
suggested. But if objection is made, a formal vote is necessary for the
amendment. The minutes may be corrected whenever the error is noticed
regardless of the time which has elapsed; but after their adoption,
when too late to reconsider the vote, they require a two-thirds vote
for their amendment, unless previous notice of the proposed amendment
has been given, when only a majority vote is required for its adoption,
the same as with the motion to rescind [=37=]. This is necessary for
the protection of the records, which otherwise would be subject to
the risk of being tampered with by temporary majorities. The numbers
prefixed to paragraphs, articles, etc., are only marginal indications
and should be corrected by the secretary, if necessary, without any
motion to amend. For amending a long paper, such as a series of
resolutions, or a set of by-laws, which should be considered and
amended by paragraph, see =24=.
_Filling Blanks._ {28} Propositions for filling blanks are treated
somewhat differently from other amendments, in that any number of
members may propose, without a second, different names or numbers
for filling the blanks, no one proposing more than one name or number
for each place, unless by general consent. These are treated not as
amendments, one of another, but as independent propositions to be
voted on successively. If the blank is to be filled with a name, the
chair repeats the names as they are proposed so all may hear them, and
finally takes a vote on each name, beginning with the first proposed,
until one receives a majority vote. If the blank is to be filled with
several names and no more names are suggested than required, the
names may be inserted without a vote. If more names than required are
suggested, a vote is taken on each, beginning with the first, until
enough to fill the blank have received a majority vote. If the number
of names is not specified, a vote is taken on each name suggested, and
all that receive a majority vote are inserted.
{28} While Congress has no rule on filling blanks except the common
parliamentary law as laid down in Jefferson’s Manual, it rarely makes
use of this law, but avails itself of its rule which allows of four
amendments pending at the same time, namely, amendments of the first
and second degree, and a substitute and amendment to it.
If the blank is to be filled with a number or a date, then the largest
sum, or the longest time, or the most distant date, is put first,
unless it is evident to the chair that the reverse order is necessary
to enable the first vote to be taken on the proposition that is least
likely to be adopted. Suppose a committee is being instructed to
purchase a building for a blank amount: the voting on filling the blank
should begin with the largest sum proposed; if that is lost, all who
voted for it, and some others, would favor the next largest sum, so
that the vote would be greater, and so on down to the largest sum that
is favored by a majority. If the voting began with the smallest sum,
every one would be willing to pay that amount, and it might be adopted
and thus cut off voting on the other propositions, whereas a majority
would prefer authorizing the committee to spend a larger amount. On
the other hand, suppose the committee was being authorized to sell a
building for a blank amount: here it is evident that there would be
more in favor of the large sum than of the small one. So to get at
the wish of the assembly the voting should begin with the smallest
sum proposed; all who are willing to sell for that amount, and some
additional ones, will be willing to sell for the next larger sum; and
so the smallest sum for which the majority is willing to sell will be
gradually reached.
It is sometimes convenient to create a blank, as in the following
example: A resolution is pending requesting the proper authorities
to prohibit the erection of wooden buildings north of A street, and
an amendment to strike out A and insert B, and an amendment of the
second degree to strike out B and insert C, have been made. The debate
developing the fact that several other streets have their advocates,
the best course is for the chair to state that, if there is no
objection, the motion would be treated as having a blank for the name
of the street, and that A, B, and C have been proposed for filling the
blank. In this way other names could be suggested and they would be
voted on successively beginning with the one that made the prohibited
area the largest, and continuing down until one was reached that could
get a majority in its favor. If objection is made to leaving a blank
for the name, the chair may put the question without waiting for a
motion, or any one may move, as an incidental motion, that a blank be
created for the name of the street. This motion is undebatable, and
cannot be amended, but it may be moved to fill the blank by ballot or
in any other way.
The blanks in a resolution should be filled usually before voting on
the resolution. But sometimes, when a large majority is opposed to the
resolution, the previous question is ordered without waiting for the
blanks to be filled, thus stopping debate and further amendment, and
bringing the assembly at once to a vote on the resolution. Under such
circumstances the resolution would usually be rejected. But should it
be adopted, it would be necessary to fill the blanks in the skeleton
resolution before any other than privileged business would be in order.
The method adopted in filling blanks has sometimes a great advantage
over ordinary amendment. In amending, the last one proposed is the
first one voted on, whereas in filling blanks the first one proposed,
or nominated, is voted on first, except where, from the nature of the
case, another order is preferable, and then that order is adopted as
explained above.
_Nominations_ are treated like filling blanks; any number may be
pending at the same time, not as amendments of each other, but as
independent propositions to be voted on in the order in which they were
made until one receives a majority vote. [See =66=.]
=34. To Postpone Indefinitely= takes precedence of nothing except
the main motion to which it is applied, and yields to all privileged
[=14=], incidental [=13=], and other subsidiary [=12=] motions. It
cannot be amended or have any other subsidiary motion applied to it
except the previous question and motions limiting or extending the
limits of debate. It is debatable and opens the main question to
debate. It can be applied to nothing but main questions, which include
questions of privilege and orders of the day after they are before
the assembly for consideration. An affirmative vote on it may be
reconsidered, but not a negative vote. If lost it cannot be renewed.
It is simply a motion to reject the main question. If a main motion is
referred to a committee while to postpone indefinitely is pending, the
latter motion is ignored and does not go to the committee.
The _Object_ of this motion is not to postpone, but to reject, the
main motion without incurring the risk of a direct vote on it, and it
is made only by the enemies of the main motion when they are in doubt
as to their being in the majority.
The _Effect_ of making this motion is to enable members who have
exhausted their right of debate on the main question, to speak again,
as, technically, the question before the assembly is different,
while, as far as the subject of discussion is concerned, there is no
difference caused by changing the question from adopting to rejecting
the measure, because the merits of the main question are open to debate
in either case. If adopted, its effect is to suppress the main motion
for that session, unless the vote is reconsidered. As this motion does
not suppress the debate on the main question, its only useful effect is
to give the opponents of the pending measure a chance of killing the
main motion without risking its adoption in case of failure. For, if
they carry the indefinite postponement, the main question is suppressed
for the session; if they fail, they still have a vote on the main
question, and, having learned their strength by the vote taken, they
can form an opinion of the advisability of continuing the struggle.
Art. VI. Some Main and Unclassified Motions.
See =15= for a list of these motions.
=35. To Take from the Table= takes precedence of no pending question,
but has the right of way in preference to main motions if made during
the session in which it was laid on the table while no question is
actually pending, and at a time when business of this class, or
unfinished business, or new business, is in order; and also during
the next session in societies having regular business meetings as
frequently as quarterly. It yields to privileged [=14=] and incidental
[=13=] motions, but not to subsidiary [=12=] ones. It is undebatable,
and no subsidiary motion can be applied to it. It is not in order
unless some business has been transacted since the question was laid
on the table, nor can it be renewed until some business has been
transacted since it was lost. The motion to take from the table cannot
be reconsidered, as it can be renewed repeatedly if lost, and, if
carried, the question can be again laid on the table after progress in
debate or business.
In ordinary deliberative assemblies, a question is supposed to be laid
on the table only temporarily with the expectation of its consideration
being resumed after the disposal of the interrupting question, or at a
more convenient season.{29} As soon as the question that was introduced
when the first question was laid on the table, is disposed of, any one
may move to take this first question from the table. When he rises to
make the motion, if the chair recognizes some one else as having first
risen, he should at once say that he rises to move to take a question
from the table. The chair then assigns him the floor if the other
member has risen to make a main motion. If the new main motion has been
stated by the chair before he claims the floor, he must wait until that
question is disposed of before his motion will be in order. When taken
up, the question with everything adhering to it is before the assembly
exactly as when it was laid on the table. Thus, if a resolution has
amendments and a motion to commit pending at the time it was laid on
the table, when it is taken from the table the question is first on
the motion to commit. If a motion to postpone to a certain time is
pending when the question is laid on the table, and it is taken from
the table after that time, then the motion to postpone is ignored when
the question is taken up. If the question is taken up on the day it was
laid on the table, members who have exhausted their right of debate
cannot again speak on the question. But if taken up on another day, no
notice is taken of speeches previously made. The previous question is
not exhausted if the question upon which it was ordered is taken from
the table at the same session, even though it is on another day.
{29} See foot note on page 107, for the Congressional practice. As
stated there, Congress has abandoned the ordinary parliamentary
use of the motion to lay on the table and has converted it into a
motion to enable the majority to kill a measure instantly. Therefore
Congressional practice in regard to laying on, or taking from, the
table is of no authority in assemblies using these motions in the
common parliamentary law sense.
=36. Reconsider.={30} This motion is peculiar in that the making of
the motion has a higher rank than its consideration, and for a certain
time prevents anything being done as the result of the vote it is
proposed to reconsider. It can be made only on the day the vote to be
reconsidered was taken, or on the next succeeding day, a legal holiday
or a recess not being counted as a day. It must be made by one who
voted with the prevailing side. Any member may second it. It can be
made while any other question is pending, even if another member has
the floor, or after it has been voted to adjourn, provided the chair
has not declared the assembly adjourned. It may be made after the
previous question has been ordered, in which case it and the motion to
be reconsidered are undebatable.
{30} H. R. Rule 18. §1. is as follows: “1. When a motion has been
made and carried, or lost, it shall be in order for any member
of the majority, on the same or succeeding day, to move for the
reconsideration thereof, and such motion shall take precedence of all
other questions except the consideration of a conference report or a
motion to adjourn, and shall not be withdrawn after the said succeeding
day without the consent of the House, and thereafter any member may
call it up for consideration: _Provided_. That such motion, if made
during the last six days of a session, shall be disposed of when made.”
This rule is construed to mean that the motion to reconsider may be
made by any member who voted on the question, except when the yeas
and nays were ordered to be recorded in the journal, which is done,
however, with every important vote.
While the making of the motion to reconsider has such high privilege,
its consideration has only the rank of the motion to be reconsidered,
though it has the right of way in preference to any new motion of equal
rank, as illustrated further on; and the reconsideration of a vote
disposing of a main question either temporarily or permanently may be
called up, when no question is pending, even though the general orders
are being carried out. The motion to reconsider cannot be amended,
postponed indefinitely, or committed. If the reconsideration is laid
on the table or postponed definitely, the question to be reconsidered
and all adhering questions go with it.{31} The previous question and
the motions limiting or extending the limits of debate may be applied
to it when it is debatable. It is undebatable only when the motion
to be reconsidered is undebatable. When debatable it opens to debate
the merits of the question to be reconsidered. It cannot be withdrawn
after it is too late to renew the motion. If the motion to reconsider
is lost it cannot be repeated except by general consent. No question
can be twice reconsidered unless it was materially amended after its
first reconsideration. A reconsideration requires only a majority vote,
regardless of the vote necessary to adopt the motion reconsidered.
{31} In Congress it is usual for the member in charge of an important
bill as soon as it is passed to move its reconsideration, and at the
same time to move that the reconsideration be laid on the table. If the
latter motion is adopted the reconsideration is dead and the bill is
in the same condition as if the reconsideration had been voted on and
lost. These Rules, like the common parliamentary law, carry the bill
to the table, from which it could be taken at any time. [See note, p.
155.] Unless there is a special rule allowing it, the two motions could
not be made at the same time in an ordinary society.
The motion to reconsider _cannot be applied_ to a vote on a motion
that may be renewed within a reasonable time; or when practically
the same result may be attained by some other parliamentary motion;
or when the vote has been partially executed (except in case of the
motion to limit debate), or something has been done as the result of
the vote that the assembly cannot undo; or to an affirmative vote in
the nature of a contract, when the other party to the contract has
been notified of the vote; or to a vote on the motion to reconsider.
In accordance with these principles, votes on the following motions
cannot be reconsidered: Adjourn; Take a Recess; Lay on the Table; Take
from the Table; Suspend the Rules or Order of Business; and Reconsider.
Affirmative votes on the following _cannot be reconsidered_: Proceed
to the Orders of the Day; Adopt, or after they are adopted, to Amend,
or Repeal, or Rescind, the Constitution, By-laws, or Rules of Order
or any other rules that require previous notice for their amendment;
Elect to membership or office if the member or officer is present and
does not decline, or if absent and has learned of his election in the
usual way and has not declined; to Reopen Nominations. A negative
vote on the motion to Postpone Indefinitely cannot be reconsidered
as practically the same question comes up again when the vote is
taken on the main question. After a committee has taken up the matter
referred to it, it is too late to reconsider the vote committing it,
though the committee may be discharged. But after debate has proceeded
under an order limiting or extending the limits of debate, the vote
making that order may be reconsidered, as the debate may develop facts
that make it desirable to return to the regular rules of debate. The
minutes, or record of proceedings, may be corrected at any time without
reconsidering the vote approving them.
If the main question is pending and it is moved to reconsider the vote
on any subsidiary [=12=], incidental [=13=], or privileged [=14=]
motion, the chair states the question on the reconsideration the
moment the motion to be reconsidered is in order if it were made then
for the first time. Thus, if, while the motions to commit, for the
previous question, and to lay on the table are pending, it is moved to
reconsider a negative vote on postponing to a certain time, the chair
proceeds to take the vote on laying on the table and, if that is lost,
next on the previous question, and then on reconsidering the vote on
the postponement, and if that is adopted, then on the postponement,
and if that is lost, then on to commit. If the motion to lay on the
table had been carried, then when the question was taken from the
table the same method of procedure would be followed; that is, the
question would be first on ordering the previous question, and next on
reconsidering the vote on the postponement, etc. If the reconsideration
of an amendment of the first degree is moved while another amendment
of the same degree is pending, the pending amendment is first disposed
of and then the chair announces the question on the reconsideration of
the amendment. If the reconsideration of an amendment to an immediately
pending question is moved the chair at once announces the question on
the reconsideration.
If the reconsideration is moved while another subject is before the
assembly, it cannot interrupt the pending business, but, as soon as
that has been disposed of, if called up it has the preference over all
other main motions and general orders. In such a case the chair does
not state the question on the reconsideration until it is called up.
If the motion to reconsider is made at a time when the reconsideration
could be called up if it had been previously made, the chair at once
states the question on the reconsideration, unless the mover adds
to his motion the words, “and have it entered on the minutes,” as
explained further on.
If, after the vote has been taken on the adoption of a main motion, it
is desired to reconsider the vote on an amendment, it is necessary to
reconsider the vote on the main question also, and one motion should
be made to cover both votes. The same principle applies in case of
an amendment to an amendment, whether the vote has been taken on the
resolution, or only on the amendment of the first degree. When the
motion covers the reconsideration of two or three votes, the debate is
limited to the question that was first voted on. Thus, if the motion
is to reconsider the votes on a resolution and amendments of the first
and second degree, the debate is limited to the amendment of the second
degree. If the motion to reconsider is adopted the chair states the
question on the amendment of the second degree and recognizes the mover
of the reconsideration as entitled to the floor. The question is now
in exactly the same condition it was in just previous to taking the
original vote on that amendment.
The _Forms_ of making this motion are as follows: “I move to reconsider
the vote on the resolution relating to a banquet.” “I move to
reconsider the vote on the amendment to strike out ‘Wednesday’ and
insert ‘Thursday.’” [This form is used when the resolution is still
pending.] “I move to reconsider the votes on the resolution relating
to a banquet and on the amendment to strike out ‘Wednesday’ and insert
‘Thursday.’” [This form is used when the vote has been taken on the
resolution, and it is desired to reconsider the vote on an amendment.]
When the motion to reconsider is made the chair states the question,
if it can then be considered, and proceeds as with any other question.
If it cannot be considered at that time, he says, “Mr. A moves to
reconsider the vote on.... The secretary will make a note of it,” and
proceeds with the pending business. The reconsideration, after being
moved, is brought before the assembly for action as explained in the
previous paragraph. If it is _called up_ by a member, he simply says,
after obtaining the floor, “I call up the motion to reconsider the
vote on.......” This call requires no second or vote. If the call is
in order, as previously explained, the chair says, “The motion to
reconsider the vote [or votes] on ......... is called up. The question
is, ‘Will the assembly reconsider the vote [or votes] on.........?
Are you ready for the question?’” If the reconsideration is one that
the chair states the question on as soon as it can be considered (as
when it is moved to reconsider an amendment while another amendment
is pending), as soon as the proper time arrives the chair states the
question on the reconsideration the same as if the motion to reconsider
were made at this time.
When the debate, if there is any, is finished, he _puts the question_
thus: “As many as are in favor of reconsidering the vote on the
resolution relating to a banquet, say _aye_; those opposed say _no_.
The ayes have it and the vote on the resolution is reconsidered. The
question is now on the resolution, which is,” etc. Or, the question
may be put thus: “The question is, Will the assembly reconsider the
votes on the resolution relating to a banquet, and on the amendment
to strike out ‘Wednesday’ and insert ‘Thursday?’ As many as are in
favor of the reconsideration say _aye_; those opposed say _no_. The
ayes have it and the votes on the resolution and the amendment are
reconsidered. The question is now on the amendment, which is,” etc.
If the motion to reconsider is adopted the business is in exactly the
same condition it was in before taking the vote, or the votes, that
have been reconsidered, and the chair instantly states the question
on the immediately pending question, which is then open to debate and
amendment as before.
The _Effect of Making_ this motion is to suspend all action that the
original motion would have required until the reconsideration is
acted upon; but if it is not called up, this effect terminates with
the session{32} [=63=], except in an assembly having regular meetings
as often as quarterly, when, if not called up, its effect does not
terminate till the close of the next regular session. As long as its
effect lasts, any one at an adjourned, or a special, or a regular
meeting, may _call up_ the motion to reconsider and have it acted
upon, though it is not usual for any one but the mover to call it up
on the day it is made if the session lasts beyond that day and there
is no need of prompt action.
{32} In Congress the effect always terminates with the session,
and it cannot be called up by any one but the mover, until the
expiration of the time during which it will be in order to move a
reconsideration.
The _Effect of the Adoption_ of this motion is to place before
the assembly the original question in the exact position it
occupied before it was voted upon; consequently no one, after the
reconsideration is adopted, can debate the question reconsidered
who had on that day exhausted his right of debate on that question;
his only recourse is to discuss the question while the motion
to reconsider is before the assembly. If the question is not
reconsidered until a later day than that on which the vote to be
reconsidered was taken, then it is open to free debate regardless of
speeches made previously. When a vote taken under the operation of
the previous question is reconsidered, the question is then divested
of the previous question, and is open to debate and amendment,
provided the previous question had been exhausted by votes taken on
all the questions covered by it, before the motion to reconsider was
made.
In standing and special committees a vote may be reconsidered
regardless of the time elapsed since the vote was taken, provided the
motion is made by one who did not vote with the losing side, and that
all members who voted with the prevailing side are present, or have
received due notice that the reconsideration would be moved at this
meeting. A vote cannot be reconsidered in committee of the whole.
_Reconsider and Have Entered on the Minutes._ {33} The motion to
reconsider, as previously explained in this section, provides means
for correcting, at least on the day on which it occurred, errors
due to hasty action. By using the same motion and having it entered
on the minutes so that it cannot be called up until another day, a
means is provided for preventing a temporary majority from taking
action that is opposed by the majority of the society. This is
needed in large societies with frequent meetings and small quorums,
the attendance in many cases not exceeding ten per cent of the
membership. It enables a society with a small quorum to protect
itself from injudicious action by temporary majorities, without
requiring previous notice of main motions and amendments as is
done in the English Parliament. To accomplish this, however, it is
necessary to allow this form of the motion to be applied to a vote
finally disposing of a main motion, regardless of the fact that
the motion to reconsider has already been made. Otherwise it would
be useless, as it would generally be forestalled by the motion to
reconsider, in its simple form, which would be voted down, and then
this motion could not be made. As this form of the motion is designed
only to be used when the meeting is an unrepresentative one, this
fact should be very apparent, and some members of the temporary
minority should vote with the temporary majority on adopting or
postponing indefinitely a main motion of importance, when they think
the action is in opposition to the wishes of the great majority
of the society. One of them should then move “to reconsider the
vote on the resolution [or motion] and have it [or, request that
it be] entered on the minutes,” which has the effect of suspending
all action required by the vote it is proposed to reconsider, as
previously explained, and thus gives time to notify absent members of
the proposed action. If no member of the temporary minority voted
with the majority, and it is too late for any one to change his vote
so as to move to reconsider, then some one should give notice of a
motion to rescind the objectionable vote at the next meeting, which
may be done by a majority vote after this notice has been given.
{33} In Congress, where the quorum is a majority of the members
elected, and the members are paid for their services, there is no
need for this form of the motion. On the contrary, it has been
found necessary to provide means by which the majority may, when it
pleases, prevent the making of the motion to reconsider by any one
except the member in charge of the measure.
Should a minority make an improper use of this form of the motion
to reconsider by applying it to a vote which required action before
the next regular business meeting, the remedy is at once to vote
that when the assembly adjourns it adjourns to meet on another day,
appointing a suitable day, when the reconsideration could be called
up and disposed of. The mere making of this motion would probably
cause the withdrawal of the motion to reconsider, as it would defeat
the object of that motion if the majority of the society is in favor
of the motion to be reconsidered. If the motion to reconsider is
withdrawn, of course the other would be.
This form of the motion to reconsider and have entered on the minutes
differs from the simple form to reconsider in the following respects:
(1) It can be made only on the day the vote to be reconsidered is
taken. If a meeting is held on the next day the simple form of the
motion to reconsider, made then, accomplishes the object of this
motion by bringing the question before the assembly on a different
day from the one when the vote was taken.
(2) It outranks the simple form of the motion to reconsider, and
may be made even after the vote has been taken on the motion to
reconsider, provided the result of the vote has not been announced.
If made after the simple form of the motion to reconsider, it
supersedes the latter, which is thereafter ignored.
(3) It can be applied only to votes which finally dispose of the
main question. They are as follows: an affirmative or negative vote
on adopting, and an affirmative vote on postponing indefinitely,
a main question. And it may be applied to a negative vote on the
consideration of a question that has been objected to, provided the
session extends beyond that day.
(4) In an assembly not having regular business meetings as often
as quarterly, it cannot be moved at the last business meeting of a
session.
(5) It cannot be called up on the day it is made, except when it is
moved on the last day of a session of an assembly not having regular
business sessions as often as quarterly, when any one can call it up
at the last business meeting of the session.
After it is called up there is no difference in the treatment of the
two forms of the motion.
=37. Rescind, Repeal, or Annul.= Any vote taken by an assembly,
except those mentioned further on, may be rescinded by a majority
vote, provided notice of the motion has been given at the previous
meeting or in the call for this meeting; or it may be rescinded
without notice by a two-thirds vote, or by a vote of a majority of
the entire membership. The notice may be given when another question
is pending, but cannot interrupt a member while speaking. To rescind
is identical with the motion to amend something previously adopted,
by striking out the entire by-law, rule, resolution, section, or
paragraph, and is subject to all the limitations as to notice and
vote that may be placed by the rules on similar amendments. It is a
main motion without any privilege, and therefore can be introduced
only when there is nothing else before the assembly. It cannot be
made if the question can be reached by calling up the motion to
reconsider which has been previously made. It may be made by any
member; it is debatable, and yields to all privileged and incidental
motions; and all of the subsidiary motions may be applied to it.
The motion to rescind can be applied to votes on all main motions,
including questions of privilege and orders of the day that have
been acted upon, and to votes on an appeal, with the following
_exceptions_: votes cannot be rescinded after something has been done
as a result of that vote that the assembly cannot undo; or where it
is in the nature of a contract and the other party is informed of the
fact; or, where a resignation has been acted upon, or one has been
elected to, or expelled from, membership or office, and was present
or has been officially notified. In the case of expulsion, the only
way to reverse the action afterwards is to restore the person to
membership or office, which requires the same preliminary steps and
vote as is required for an election.
Where it is desired not only to rescind the action, but to express
very strong disapproval, legislative bodies have, on rare occasions,
voted to rescind the objectionable resolution and _expunge_ it from
the record, which is done by crossing out the words, or drawing a
line around them, and writing across them the words, “Expunged by
order of the assembly,” etc., giving the date of the order. This
statement should be signed by the secretary. The words expunged must
not be so blotted as not to be readable, as otherwise it would be
impossible to determine whether more was expunged than ordered. Any
vote less than a majority of the total membership of an organization
is certainly incompetent to expunge from the records a correct
statement of what was done and recorded and the record of which was
officially approved, even though a quorum is present and the vote to
expunge is unanimous.
=38. Renewal of a Motion.= When an original main motion or an
amendment has been adopted, or rejected, or a main motion has been
postponed indefinitely, or an objection to its consideration has
been sustained, it, or practically the same motion, cannot be again
brought before the assembly at the same session, except by a motion
to reconsider or to rescind the vote. But it may be introduced again
at any future session.
In assemblies having regular sessions as often at least as quarterly,
a main motion cannot be renewed until after the close of the next
regular session, if it was postponed to that next session; or laid on
the table; or adopted, or rejected, or postponed indefinitely, and
the motion to reconsider was made and not acted on at the previous
session. In these cases the question can be reached at the next
session at the time to which it was postponed, or by taking it from
the table, or by reconsidering the vote.
In assemblies whose regular sessions are not as frequent as
quarterly, any motion which has not been committed or postponed to
the next session may be renewed at that next session. The motions to
adjourn, to take a recess, and to lay on the table, may be made again
and again, provided there has been progress in debate or business,
but the making of, or voting on, these motions is not business that
justifies the renewal of a motion. Neither a motion to postpone
indefinitely nor an amendment can be renewed at the same session, but
the other subsidiary motions may be renewed whenever the progress
in debate or business is such as to make the question before the
assembly practically a different one. To take from the table and a
call for the orders of the day may be renewed after the business is
disposed of that was taken up when the motion to take from the table,
or for the orders of the day, was lost. To postpone indefinitely
cannot be renewed even though the main motion has been amended since
the indefinite postponement was previously moved. A point of order
cannot be raised if an identical one has been raised previously
without success during the same session. And after the chair has been
sustained in a ruling he need not entertain an appeal from a similar
decision during the same session. Minutes may be corrected regardless
of the time elapsed and of the fact that the correction had been
previously proposed and lost.
When a subject which has been referred to a committee is reported
back at the same meeting, or a subject that has been laid on the
table is taken up at the same meeting, it is not a renewal.
The following motions, unless they have been withdrawn, _cannot be
renewed_ at the same session: to adopt or postpone indefinitely
an original main motion; to amend; to reconsider, unless the
question to be reconsidered was amended materially when previously
reconsidered; to object to the consideration of a question; to fix
the same time to which to adjourn; to suspend the rules for the same
purpose at the same meeting, though it may be renewed at another
meeting held the same day.
It is the duty of the chair to prevent the privilege of renewal from
being used to obstruct business, and when it is evident that it
is being so misused he should protect the assembly by refusing to
recognize the motions, as explained under Dilatory Motions [=40=].
=39. Ratify.= This is a main motion and is used when it is desired to
confirm or make valid some action which requires the approval of the
assembly to make it valid. The assembly may ratify only such actions
of its officers or committees, or delegates, as it had the right
to authorize in advance. It cannot make valid a viva voce election
when the by-laws require it to be by ballot, nor can it ratify
anything done in violation of the laws of the state, or of its own
constitution or by-laws, except that it may ratify emergency action
taken at a meeting when no quorum was present, even though the quorum
is provided for in a by-law. A motion to ratify may be amended by
substituting a motion of censure, and vice versa, when the action has
been taken by an officer or other representative of the assembly. It
is debatable and opens the entire question to debate.
=40. Dilatory, Absurd, or Frivolous Motions.= For the convenience
of deliberative assemblies, it is necessary to allow some highly
privileged motions to be renewed again and again after progress in
debate or the transaction of any business, and to allow a single
member, by calling for a division, to have another vote taken. If
there was no provision for protecting the assembly, a minority of two
members could be constantly raising questions of order and appealing
from every decision of the chair, and calling for a division on every
vote, even when it was nearly unanimous, and moving to lay motions on
the table, and to adjourn, and offering amendments that are simply
frivolous or absurd. By taking advantage of parliamentary forms
and methods a small minority could practically stop the business
of a deliberative assembly having short sessions, if there was no
provision for such contingency. Congress met it by adopting this
rule: “No dilatory motion shall be entertained by the speaker.”
But, without adopting any rule on the subject, every deliberative
assembly has the inherent right to protect itself from being imposed
upon by members using parliamentary forms to prevent it from doing
the very thing for which it is in session, and which these forms
were designed to assist, namely, to transact business. Therefore,
whenever the chair is satisfied that members are using parliamentary
forms merely to obstruct business, he should either not recognize
them, or else rule them out of order. After the chair has been
sustained upon an appeal, he should not entertain another appeal from
the same obstructionists while they are engaged evidently in trying
by that means to obstruct business. While the chair should always
be courteous and fair, he should be firm in protecting the assembly
from imposition, even though it be done in strict conformity with all
parliamentary rules except this one, that no dilatory, absurd, or
frivolous motions are allowed.
As an illustration of a frivolous or absurd motion, suppose Mr. A
is to be in the city next week and a motion has been made to invite
him to address the assembly at its next meeting, the meetings being
weekly. Now, if a motion is made to refer the question to a committee
with instructions to report at the next regular meeting, the chair
should rule it out of order as frivolous or absurd.
=41. Call of the House.={34} (This cannot be used in ordinary
assemblies, as they have not the power to compel the attendance of
members.)
{34} In the early history of our Congress a call of the house
required a day’s notice, and in the English Parliament it is usual
to order that the call shall be made on a certain day in the future,
usually not over ten days afterwards, though it has been as long as
six weeks afterwards. The object of this is to give notice so that
all the members may be present on that day, when important business
is to come before the house. In Congress a call of the house is only
used now when no quorum is present, and as soon as a quorum appears
it is usual to dispense with further proceedings in the call, and
this is in order at any stage of the proceedings. In Congress it is
customary afterwards to remit the fees that have been assessed. In
some of our legislative bodies proceedings in the call cannot be
dispensed with except a majority of the members elect to vote in
favor of so doing.
The object of a call of the house is to compel the attendance of
absent members, and is allowable only in assemblies that have the
power to compel the attendance of absentees. It is usual to provide
in such assemblies that when no quorum is present, a specified
small number can order a call of the house. In Congress a call of
the house may be ordered by a majority vote, provided one-fifth
of the members elect are present. A rule like the following would
answer for city councils and other similar bodies that have the
power to enforce attendance.
_Rule._ When no quorum is present, if one-fifth of the members
elect are present, they may by a majority vote order a call of
the house and compel the attendance of absent members. After the
call is ordered, a motion to adjourn, or to dispense with further
proceedings in the call, cannot be entertained until a quorum is
present, or until the sergeant-at-arms{35} reports that in his
opinion no quorum can be obtained on that day.
{35} The term sergeant-at-arms should be replaced by “chief of
police,” or the title of whatever officer serves the warrant.
If no quorum is present, a call of the house takes precedence of
everything, even reading the minutes, except the motion to adjourn,
and only requires in its favor the number specified in the rule. If
a quorum is present a call should rank with questions of privilege
[=19=], requiring a majority vote for its adoption, and if rejected
it should not be renewed while a quorum is present at that meeting.
After a call is ordered, until further proceedings in the call
are dispensed with, no motion is in order except to adjourn and a
motion relating to the call, so that a recess could not be taken by
unanimous consent. An adjournment puts an end to all proceedings in
the call, except that the assembly before adjournment, if a quorum
is present, can order such members as are already arrested to make
their excuse at an adjourned meeting.
_Proceedings in a Call of the House._ When the call is ordered
the clerk calls the roll of members alphabetically, noting the
absentees; he then calls over again the names of absentees, when
excuses{36} can be made; after this the doors are locked, no one
being permitted to leave, and an order similar in form to the
following is adopted: “_Ordered_, That the sergeant-at-arms take
into custody, and bring to the bar of the House, such of its
members as are absent without the leave of the House.” A warrant
signed by the presiding officer and attested by the clerk, with a
list of absentees attached, is then given to the sergeant-at-arms,
who immediately proceeds to arrest the absentees. When he appears
with members under arrest, he proceeds to the chairman’s desk
(being announced by the door-keeper in large bodies), followed by
the arrested members, and makes his return. The chairman arraigns
each member separately, and asks what excuse he has to offer for
being absent from the sittings of the assembly without its leave.
The member states his excuse, and a motion is made that he be
discharged from custody and admitted to his seat either without
payment of fees or after paying his fees. Until a member has paid
the fees assessed against him he cannot vote or be recognized by
the chair for any purpose.
{36} It is usual in Congress to excuse those who have “paired off,”
that is, two members on opposite sides of the pending question who
have agreed that while one is absent the other will not vote on the
question. Pairing should not be allowed on questions requiring a
two-thirds vote.
Art. VII. Debate.
PAGE
=42.= Debate =178=
=43.= Decorum in Debate =180=
=44.= Closing and Preventing Debate =182=
=45.= Principles of Debate and Undebatable Motions =184=
=42. Debate.= In =1-6= are explained the necessary steps preliminary
to debate—namely, that when no business is pending a member shall
rise and address the chair by his title, and be recognized by the
chair as having obtained the floor; and that the member shall then
make a motion which, after being seconded, shall be stated by the
chair, who shall then ask, “Are you ready for the question?” The
question is then open to debate, as is partially explained in =7=,
which should be read in connection with this section. No member shall
speak more than twice during the same day to the same question (only
once on an appeal), nor longer than ten minutes at one time, without
leave of the assembly; and the question upon granting the leave
shall be decided by a two-thirds vote without debate.{37} No member
can speak a second time to a question as long as any member desires
to speak who has not spoken to the question. If greater freedom is
desired, the proper course is to go into committee of the whole, or
to consider it informally, either of which requires only a majority
vote; or to extend the limits of debate [=30=], which requires a
two-thirds vote. So the debate, by a two-thirds vote, may be limited
to any extent desired, as shown in =30=. The member upon whose motion
the subject was brought before the assembly, is entitled to close the
debate with a speech, if he has not previously exhausted his twenty
minutes, but not until every one else wishing to speak has spoken.
He cannot, however, avail himself of this privilege after debate has
been closed.{38} An amendment, or any other motion, being offered,
makes the real question before the assembly a different one, and, in
regard to the right to debate, is treated as a new question. When
an amendment is pending the debate must be confined to the merits
of the amendment, unless it is of such a nature that its decision
practically decides the main question. Merely asking a question, or
making a suggestion, is not considered as speaking. The maker of a
motion, though he can vote against it, cannot speak against his own
motion. [To close the debate see =44=.]
{37} The limit of time should vary to suit circumstances, but the
limit of two speeches of ten minutes each will usually answer in
ordinary assemblies, and, when desirable, by a two-thirds vote it
can be increased or diminished as shown in =30=. In the U. S. House
of Representatives no member can speak more than once to the same
question, nor longer than one hour. In the Senate there is no limit
to the length of a speech, and no senator can speak more than twice
on the same day to the same question without leave of the Senate,
which question is undebatable.
{38} Formerly the member who reported a proposition from a committee
was permitted to close the debate in the House after the previous
question was ordered, provided he had not used all of his hour
previously.
The right of members to debate and make motions cannot be cut off
by the chair’s putting a question to vote with such rapidity as to
prevent the member’s getting the floor after the chair has inquired
if the assembly is ready for the question. Even after the chair has
announced the vote, if it is found that a member arose and addressed
the chair with reasonable promptness after the chair asked, “Are you
ready for the question?” he is then entitled to the floor, and the
question is in exactly the same condition it was before it was put
to vote. But if the chair gives ample opportunity for members to
claim the floor before putting the question and they do not avail
themselves of it, they cannot claim the right of debate after the
voting has commenced.
=43. Decorum in Debate.= In debate a member must confine himself to
the question before the assembly, and avoid personalities. He cannot
reflect upon any act of the assembly, unless he intends to conclude
his remarks with a motion to rescind such action, or else while
debating such a motion. In referring to another member, he should,
as much as possible, avoid using his name, rather referring to him
as “the member who spoke last,” or in some other way describing him.
The officers of the assembly should always be referred to by their
official titles. It is not allowable to arraign the motives of a
member, but the nature or consequences of a measure may be condemned
in strong terms. It is not the man, but the measure, that is the
subject of debate.
If one desires to ask a question of the member speaking, he should
rise, and without waiting to be recognized, say, “Mr. Chairman, I
should like to ask the gentleman a question.” The chair then asks
the speaker if he is willing to be interrupted, or the speaker may
at once consent or decline, addressing, however, the chair, through
whom the conversation must be carried on, as members cannot directly
address one another in a deliberative assembly. If the speaker
consents to the question, the time consumed by the interruption comes
out of the time of the speaker.
If at any time the chairman rises to state a point of order, or give
information, or otherwise speak, within his privilege, the member
speaking must take his seat till the chairman has been heard first.
When called to order by the chair the member must sit down until
the question of order is decided. If his remarks are decided to be
improper, he cannot proceed, if any one objects, without the leave of
the assembly expressed by a vote, upon which question no debate is
allowed.
Disorderly words should be taken down by the member who objects to
them, or by the secretary, and then read to the member. If he denies
them, the assembly shall decide by a vote whether they are his words
or not. If a member cannot justify the words he used, and will not
suitably apologize for using them, it is the duty of the assembly to
act in the case. If the disorderly words are of a personal nature,
after each party has been heard, and before the assembly proceeds
to deliberate upon the case, both parties to the personality should
retire, it being a general rule that no member should be present in
the assembly when any matter relating to himself is under debate. It
is not, however, necessary for the member objecting to the words to
retire unless he is personally involved in the case. Disorderly words
to the presiding officer, or in respect to the official acts of an
officer, do not involve the officer so as to require him to retire.
If any business has taken place since the member spoke, it is too
late to take notice of any disorderly words he used.
During debate, and while the chairman is speaking, or the assembly is
engaged in voting, no member is permitted to disturb the assembly by
whispering, or walking across the floor, or in any other way.
=44. Closing Debate and Preventing Debate.= When the debate appears
to the chairman to be finished, he should inquire, “Are you ready
for the question?” If, after a reasonable pause, no one rises to
claim the floor, the chair assumes that no member wishes to speak
and, standing, proceeds to put the question. Debate is not closed by
the chairman’s rising and putting the question, as until both the
affirmative and the negative are put, a member can rise and claim
the floor, and reopen the debate or make a motion, provided he rises
with reasonable promptness after the chair asks, “Are you ready for
the question?” If the debate is resumed the question must be put
again, both the affirmative and the negative. Should this privilege
be abused by members not responding to the inquiry, “Are you ready
for the question?” and intentionally waiting until the affirmative
vote has been taken and then rising and reopening the debate, the
chair should act as in case of dilatory motions [=40=], or any
other attempt to obstruct business, and protect the assembly from
annoyance. When a vote is taken a second time, as when a division is
called for, debate cannot be resumed except by general consent.
If two-thirds of the assembly wish to close the debate without
allowing all the time desired by others, they can do so by ordering
either the previous question or the closing of the debate at a
certain time; or they can limit the length of the speeches and allow
each member to speak only once on each question, as fully explained
in =29= and =30=. These motions require a two-thirds{39} vote, as
they suspend the fundamental right of every member of a deliberative
assembly to have every question fully discussed before it is finally
disposed of. A majority vote may lay the question on the table and
thus temporarily suspend the debate, but it can be resumed by taking
the question from the table by a majority vote when no question is
before the assembly [=35=], at a time when business of this class, or
unfinished business, or new business, is in order. If it is desired
to prevent any discussion of a subject, even by its introducer, the
only way to do it is to object to the consideration of the question
[=23=] before it is debated, or any subsidiary motion is stated. If
the objection is sustained by a two-thirds vote, the question is
thrown out for that session.
{39} In the Senate not even two-thirds of the members can force a
measure to its passage without allowing debate, the Senate rules not
recognizing the above motions. In the House, where each speaker can
occupy the floor one hour, any of these motions to cut off debate
can be adopted by a mere majority, but practically they are not used
until after some debate. Rule 27, §3, H. R., expressly provides that
forty minutes, twenty on each side, shall be allowed for debate
whenever the previous question is ordered on a proposition on which
there has been no debate, or when the rules are suspended. [See
note to =22=.] In ordinary societies harmony is so essential that a
two-thirds vote should be required to force the assembly to a final
vote without allowing free debate.
=45. Principles of Debate and Undebatable Motions.= All main motions
are debatable, and debate is allowed or prohibited on other motions
in accordance with the following principles:
(_a_) _High privilege is, as a rule, incompatible with the right
of debate of the privileged motion_: and, therefore, all highly
privileged motions are undebatable, except those relating to the
privileges of the assembly or a member. Questions of privilege
[=19=] rarely arise, but when they do, they are likely to be so
important that they must be allowed to interrupt business, and yet
they cannot generally be acted upon intelligently without debate,
and, therefore, they are debatable. The same is true of appeals from
the decision of the chair which are debatable, unless they relate
to indecorum, or to transgression of the rules of speaking, or to
priority of business, or are made while an undebatable question is
pending; in which cases there is not sufficient need of debate to
justify making them an exception to the rule, and therefore an appeal
under any of these circumstances is undebatable.
(_b_) _Motions that have the effect of suspending a rule are not
debatable._ Consequently motions to suppress, or to limit, or to
extend the limits of, debate are undebatable, as they suspend the
ordinary rules of debate.
(_c_) Appeals made after the previous question has been ordered are
undebatable, as it would be manifestly improper to permit debate on
them when the assembly by a two-thirds vote has closed debate on
the pending question. So any order limiting debate on the pending
question applies to questions arising while the order is in force.
(_d_) To Amend, or to Reconsider, an undebatable question is
undebatable, whereas to amend, or to reconsider, a debatable question
is debatable.
(_e_) _A Subsidiary Motion_ [=12=] is debatable to just the extent
that it interferes with the right of the assembly to take up the
original question at its pleasure. _Illustrations_: To “Postpone
Indefinitely” a question places it out of the power of the assembly
to again take it up during that session, except by reconsideration,
and consequently this motion allows of free debate, even involving
the whole merits of the original question. To “Commit” a question
only delays the discussion until the committee reports, when it is
open to free debate, so it is only debatable as to the propriety of
the commitment and as to the instructions, etc. To “Postpone to a
Certain Time” prevents the consideration of the question till the
specified time, except by a reconsideration or suspension of the
rules, and therefore allows of limited debate upon the propriety of
the postponement. To “Lay on the Table” leaves the question so that
the assembly can consider it at any time that that question or that
class of business is in order, and therefore to lay on the table
should not be, and is not, debatable.
Because a motion is undebatable it does not follow that while it
is pending the chair may not permit a question or an explanation.
The distinction between debate and asking questions or making brief
suggestions, should be kept clearly in mind, and when the latter will
aid the assembly in transacting business, the chair should permit
it before taking the vote on an undebatable question. He should,
however, remain standing during the colloquy to show that he has
the floor, and he should not allow any more delay in putting the
question than he feels is helpful to the business.
The following lists of motions that open the main question to debate,
and of those that are undebatable, are made in accordance with the
above principles:
Motions That Open the Main Question to Debate.
_Postpone Indefinitely_ =34=
_Reconsider a Debatable Question_ =36=
_Rescind_ =37=
_Ratify_ =39=
Undebatable Motions.
_Fix the Time to which to Adjourn_ (when a privileged question) =16=
_Adjourn_ (when unqualified in an assembly that has provided
for future meetings) =17=
_Take a Recess_ (when privileged) =18=
_Call for the Orders of the Day_, and questions relating to
priority of business =20=
_Appeal_ when made while an undebatable question is pending, or
when simply relating to indecorum, or transgression of the
rules of speaking, or to priority of business =21=
_Suspension of the Rules_ =22=
_Objection to the Consideration of a Question_ =23=
_Incidental Motions_, except an Appeal as shown above in this
list under Appeal =13=
_Lay on the Table_ =28=
_Previous Question_ [=29=] _and Motions to Close, Limit, or
Extend the Limits of Debate_ =30=
_Amend an Undebatable Motion_ =33=
_Reconsider an Undebatable Motion_ =36=
Art. VIII. Vote.
PAGE
=46.= Voting =188=
=47.= Votes that are Null and Void even if Unanimous =201=
=48.= Motions requiring more than a majority vote =202=
=46. Voting.= If the question is undebatable, or debate has been
closed by order of the assembly, the chair, immediately after stating
the question, puts it to vote as described under Putting the Question
[=9=], only allowing time for members to rise if they wish to make a
motion of higher rank.
If the question is debatable and no one rises to claim the floor,
after the question is stated by the chair, he should inquire, “Are
you ready for the question?” After a moment’s pause, if no one rises,
he should put the question to vote. If the question is debated
or motions are made, the chair should wait until the debate has
apparently ceased, when he should again inquire, “Are you ready for
the question?” Having given ample time for any one to rise and claim
the floor, and no one having done so, he should put the question to
vote and announce the result.
The usual method of taking a vote is _viva voce_ (by the voice). The
rules require this method to be used in Congress. In small assemblies
the vote is often taken by “show of hands,” or by “raising the right
hand” as it is also called. The other methods of voting are by
rising; by ballot; by roll call, or “yeas and nays,” as it is also
called; by general consent; and by mail. In voting by any of the
first three methods, the affirmative answer aye, or raise the right
hand, or rise, as the case may be: then the negative answer _no_, or
raise the right hand, or rise.
The responsibility of announcing, or declaring, the vote rests upon
the chair, and he, therefore, has the right to have the vote taken
again, by rising, if he is in doubt as to the result, and even to
have the vote counted, if necessary. He cannot have the vote taken by
ballot or by yeas and nays (roll call) unless it is required by the
rules or by a vote of the assembly. But if the viva voce vote does
not make him positive as to the result he may at once say, “Those
in favor of the motion will rise;” and when they are seated he will
continue, “Those opposed will rise.” If this does not enable him to
determine the vote, he should say, “Those in favor of the motion
[or, Those in the affirmative] will rise and stand until counted.”
He then counts those standing, or directs the secretary to do so,
and then says, “Be seated. Those opposed [or, Those in the negative]
rise and stand until counted.” After both sides are counted the chair
announces the result as shown below. In a very large assembly the
chair may find it necessary to appoint tellers to count the vote and
report to him the numbers. In small assemblies a show of hands may
be substituted for a rising vote.
When the vote is taken by voice or show of hands any member has a
right to require a _division of the assembly_ [=25=] by having the
affirmative rise and then the negative, so that all may see how
members vote. Either before or after a decision any member may call
for, or demand, a count, and, if seconded, the chair must put the
question on ordering a count. In organizations where it is desired
to allow less than a majority vote to order a count or tellers, a
special rule should be adopted specifying the necessary vote. Where
no rule has been adopted a majority vote is required to order a
count, or that the vote be taken by ballot or by yeas and nays (roll
call).
_Announcing the Vote._ When the vote has been taken so that the chair
has no doubt as to the result, and no division is called for, or,
if so, the assembly has divided, the chair proceeds to announce,
or declare the vote thus: “The ayes have it and the resolution is
adopted.” If he is not very positive, he may say, “The ayes seem
to have it,” and, if no one says he doubts the vote or calls for a
division, after a slight pause he adds, “The ayes have it,” etc. If
the vote was by show of hands or by rising, it would be announced
thus: “The affirmative has it (or, the motion is carried) and the
question is laid on the table;” or if there was a count, the vote
would be announced thus: “There are 95 votes in the affirmative, and
99 in the negative, so the amendment is lost, and the question is now
on the resolution; are you ready for the question?” In announcing a
vote the chair should state first whether the motion is carried or
lost; second, what is the effect, or result, of the vote; and third,
what is the immediately pending question or business, if there is
any. If there is none, he should ask, “What is the further pleasure
of the assembly?” One of the most prolific causes of confusion in
deliberative assemblies is the neglect of the chair to keep the
assembly well informed as to what is the pending business. The habit
of announcing the vote by simply saying that the “motion is carried”
and then sitting down, cannot be too strongly condemned. Many members
may not know what is the effect of the vote, and it is the chair’s
duty to inform the assembly what is the result of the motion’s being
carried or lost, and what business comes next before the assembly.
When a quorum [=64=] is present, a majority vote, that is a majority
of the votes cast, ignoring blanks, is sufficient for the adoption
of any motion that is in order, except those mentioned in =48=,
which require a two-thirds vote. A plurality never adopts a motion
nor elects any one to office, unless by virtue of a special rule
previously adopted. On a tie vote the motion is lost, and the chair,
if a member of the assembly, may vote to make it a tie unless the
vote is by ballot. The chair cannot, however, vote twice, first to
make a tie and then give the casting vote. In case of an appeal
[=21=], though the question is, “Shall the decision of the chair
stand as the judgment of the assembly?” a tie vote, even though his
vote made it a tie, sustains the chair, upon the principle that the
decision of the chair can be reversed only by a majority, including
the chair if a member of the assembly.
It is a general rule that no one can vote on a question in which
he has a direct personal or pecuniary interest. Yet this does not
prevent a member from voting for himself for any office or other
position, as voting for a delegate or for a member of a committee;
nor from voting when other members are included with him in the
motion, even though he has a personal or pecuniary interest in the
result, as voting on charges preferred against more than one person
at a time, or on a resolution to increase the salaries of all the
members. If a member could in no case vote on a question affecting
himself, it would be impossible for a society to vote to hold a
banquet, or for a legislature to vote salaries to members, or for
the majority to prevent a small minority from preferring charges
against them and suspending or expelling them. By simply including
the names of all the members, except those of their own faction, in
a resolution preferring charges against them, the minority could get
all the power in their own hands, were it not for the fact that in
such a case all the members are entitled to vote regardless of their
personal interest. A sense of delicacy usually prevents a member from
exercising this right of voting in matters affecting himself except
where his vote might affect the result. After charges are preferred
against a member, and the assembly has ordered him to appear for
trial, he is theoretically under arrest, and is deprived of all
rights of membership and therefore cannot vote until his case is
disposed of.
A member has the right to change his vote up to the time the vote
is finally announced. After that, he can make the change only by
permission of the assembly, which may be given by general consent;
that is, by no member’s objecting when the chair inquires if any one
objects. If objection is made, a motion may be made to grant the
permission, which motion is undebatable.
While it is the duty of every member who has an opinion on the
question to express it by his vote, yet he cannot be compelled to do
so. He may prefer to abstain from voting, though he knows the effect
is the same as if he voted on the prevailing side.
_Voting by Ballot._ The main object of this form of voting is
secrecy, and it is resorted to when the question is of such a
nature that some members might hesitate to vote publicly their
true sentiments. Its special use is in the reception of members,
elections, and trials of members and officers, as well as in the
preliminary steps in both cases, and the by-laws should require
the vote to be by ballot in such cases. Where the by-laws do not
require the vote to be by ballot, it can be so ordered by a majority
vote, or by general consent. Such motions are undebatable. Voting
by ballot is rarely, if ever, used in legislative bodies, but in
ordinary societies, especially secret ones, it is habitually used in
connection with elections and trials, and sometimes for the selection
of the next place for the meeting of a convention. As the usual
object of the ballot is secrecy, where the by-laws require the vote
to be taken by ballot any motion is out of order which members cannot
oppose without exposing their views on the question to be decided by
ballot. Thus, it is out of order to move that one person cast the
ballot of the assembly for a certain person when the by-laws require
the vote to be by ballot. So, when the ballot is not unanimous it is
out of order to move to make the vote unanimous, unless the motion
is voted on by ballot so as to allow members to vote against it in
secrecy.
In some cases black balls and white ones and a ballot box are
provided for voting, where the question can be answered _yes_ or
_no_. The white ball answers _yes_, and the black one _no_. But
in ordinary deliberative assemblies the ballots are strips of
paper upon which are printed, or written, _yes_ or _no_, or the
names of the candidates, as the case may be. These ballots are
first distributed and are afterwards collected by tellers, either
by being dropped into a hat or box by the members, who remain in
their seats; or by the members coming to the ballot box and handing
their folded ballot to a teller, who deposits it in the ballot box.
In the latter case it is necessary for the tellers to see that no
member votes twice, which in large societies can be best done by
checking off the names from a list of members as the ballots are
deposited. The ballots should usually be folded so that if more
than one is voted by the same person the tellers will detect it in
unfolding the ballot. In satisfying themselves that only one ballot
is voted, the vote may be exposed if the ballot is not folded.
When every one appears to have voted, the chair inquires, “Have all
voted who wish to?” and if there is no response he says, “The polls
are closed,” whereupon the tellers proceed to count the ballots.
If in unfolding the ballots it is found that two have been folded
together, both are rejected as fraudulent. A blank piece of paper
is not counted as a ballot and would not cause the rejection of the
ballot with which it was folded. All blanks are ignored as simply
waste paper, and are not reported, the members who do not wish to
vote adopting this method of concealing the fact. Small technical
errors, like the misspelling of a word, should not be noticed if
the meaning of the ballot is clear. For instance, if at the trial
of a member a ballot was written “gilty,” every one knows what was
intended. In all cases where the name on the ballot sounds like the
name of one of the candidates it should be so credited. If a ballot
is written “Johnson,” or “Johnston,” or “Johnstone,” it should be
credited to the candidate whose name is one of these: but if there
are two candidates with these names and no eligible member with the
name on the ballot, it must be rejected as illegal, or reported to
the chair, who will at once submit the question to the assembly
as to whom the ballot should be credited. If these doubtful
ballots will not affect the result, the tellers may make their
full report without asking for instructions in regard to them,
placing these doubtful votes opposite the exact name as written
on the ballot. Votes for ineligible persons and fraudulent votes
should be reported under the heading of “Illegal Votes,” after
the legal votes. When two or three filled-out ballots are folded
together they are counted as one fraudulent vote. The names of
the candidates should be arranged in order, the one receiving the
highest number of legal votes being first. In reporting the number
of votes cast and the number necessary for election, all votes
except blanks must be counted. Suppose the tellers find 100 ballot
papers, 4 of which are blank, 1 contains two filled-out ones folded
together, and 50 are cast for a person who is ineligible because of
having held the office as long as permitted by the constitution:
the tellers’ report should be in this form:
Number of votes cast =96=
Necessary for election =49=
Mr. A received =37=
Mr. B received =8=
_Illegal Votes._
Mr. C (ineligible) received 50
One ballot containing two for Mr. D, folded
together, rejected as fraudulent 1
The teller first named, standing, addresses the chair, reads the
report and hands it to the chairman, and takes his seat, without
saying who is elected. The chairman again reads the report of the
tellers and declares who is elected. In the case just given he says
there is no election, stating the reason. If no one is elected,
it is necessary to ballot again, and to continue balloting until
there is an election. The chairman should always vote in case of
a ballot. Should he fail to do so before the polls are closed, he
cannot then do it without the permission of the assembly. When the
tellers report, they should hand the ballots to the secretary, who
should retain them until it is certain that the assembly will not
order a recount, which is within its power to do by a majority vote.
_Yeas and Nays,{40} or Roll Call._ When a vote has been ordered to be
taken by yeas and nays [see =25= for the motion] the chair puts the
question in a form similar to this: “As many as are in favor of the
adoption of these resolutions will, as their names are called, answer
_yes_ [or _yea_]; those opposed will answer _no_ [or _nay_].” The
chairman then directs the clerk to call the roll. The negative being
put at the same time as the affirmative, it is too late, after one
person has answered to the roll call, to renew the debate. The clerk
calls the roll, and each member, as his name is called, rises and
answers “yes” or “no,” or “present” if he does not wish to vote, and
the clerk notes the answers in separate columns. Upon the completion
of the roll call the clerk reads the names of those who answered in
the affirmative, and afterwards those in the negative, and then those
who answered “present,” that mistakes may be corrected; he then
gives the number voting on each side to the chairman, who announces
the result. An entry must be made in the minutes of the names of
all voting in the affirmative, and also of those in the negative,
and those who answered “present.” A convenient method of noting the
answers at the roll call is to write the figure 1 on the left of the
name of the first member answering in the affirmative, the figure 2
to the left of the second name in the affirmative, and so on. The
negative answers are treated similarly, being entered on the right of
the names, and those answering “present” should be entered similarly
in a third column. In this way the last figures on each side at any
time show how the vote stands at that time. The yeas and nays cannot
be ordered in committee of the whole.
{40} Taking a vote by yeas and nays, which has the effect to place on
the record how each member votes, is peculiar to this country, and,
while it consumes a great deal of time, is rarely useful in ordinary
societies. While it can never be used to hinder business, as long as
the above rule is observed, it should not be used at all in a mass
meeting, or in any other assembly whose members are not responsible
to a constituency. By the Constitution, one-fifth of the members
present can, in either house of Congress, order a vote to be taken by
yeas and nays. In representative bodies this method of voting is very
useful, especially where the proceedings are published, as it enables
the people to know how their representatives voted on important
measures. If there is no legal or constitutional provision for the
yeas and nays being ordered by a minority in a representative body,
they should adopt a rule allowing the yeas and nays to be ordered by
a one-fifth vote, as in Congress, or even by a much smaller number.
In some small bodies a vote on a resolution must be taken by yeas and
nays, upon the demand of a single member.
_General Consent._ Business can be expedited greatly by avoiding the
formality of motions and voting in routine business and on questions
of little importance, the chair assuming general (unanimous) consent
until some one objects. It does not necessarily mean that every
member is in favor of the motion, but, that knowing it is useless to
oppose it, or even to discuss it, the opposition simply acquiesces
in the informality. Thus, in the case of approving the minutes,
the chair inquires if there are any corrections, and, if one is
suggested, it is made: when no correction [or no further correction]
is suggested, the chair says: “There being no corrections [or no
further corrections] the minutes stand approved.” While routine and
minor matters can be rapidly disposed of in this way, if at any time
objection is made with reasonable promptness, the chair ignores what
has been done in that case even if he has announced the result, and
requires a regular vote. [See also page 202.]
=Absentee Voting.= In a strictly deliberative assembly no member
can vote who is not present when the question is completely put.
But in many societies the membership is scattered all over a state,
or even still wider, and it has been found expedient to provide
a method of voting that will enable all the members to vote upon
certain matters, as upon amendments to constitutions, by-laws,
and in elections of officers. This provision, when it is deemed
advisable to adopt it, should be placed in the constitution or
by-laws, as otherwise, unless the charter or state laws authorize
absentee voting, no member can vote except in person. There are two
forms of absentee voting—by mail, and proxy voting.
_Voting by Mail_ is used for election of officers, and for
amendments to the constitution or by-laws, and for such other
important matters as the society may order to be voted on in this
way. If an amendment to the by-laws is to be voted on by mail, a
printed copy of the proposed amendment is mailed to every member,
with the words “yes” and “no” printed underneath, or on a separate
slip, with directions to cross out one of them, and return in the
enclosed envelope, upon which should be printed the words, “Ballot
for Amendment to Constitution.” This envelope should usually have
the signature of the voter on it, and be sealed and enclosed in
another one addressed to the secretary, or to the chairman of the
tellers, so that the inner envelope will not be opened except by
the tellers when the votes are counted. If it is desired to present
the arguments pro and con, the society can allow the leaders on
the two sides to prepare brief statements to be printed and mailed
with the proposed amendment to every member. Instead of having the
voter’s signature on the inner envelope, it may be placed on the
ballot, but a place for the signature should be indicated, so that
there may be some means of protection against votes being cast by
other than legal voters. Voting by mail cannot be a secret ballot,
as it is necessary for the tellers to know by whom each vote is
cast. By some such method as the above it is practicable to give
all the members, however scattered they may be, an opportunity to
vote on questions of great importance.
_Proxy Voting._ A proxy is a power of attorney given by one person
to another to vote in his stead, and it is also used to designate
the person who holds the power of attorney. It is unknown to a
strictly deliberative assembly, and is in conflict with the idea
of the equality of members, which is a fundamental principle of
deliberative assemblies. There can be but little use for debate
where one member has more votes than another, possibly more than
all the others combined. If the proxy voting is limited to the
election of a board of directors, as it is practically in stock
corporations, and if, also, the proxies must be given to members
of the corporation in all cases where it requires an election to
become a member—with these two limitations proxy voting would be
useful and do no harm. In stock companies the members meet only
annually to elect directors, who elect the officers and transact
the business of the corporation. Though the directors are elected
largely by proxies, their own meetings, where all the business is
done, are as secret as they choose to make them, no proxies being
allowed in them, and therefore proxy voting does not interfere
with their business. As any one can dispose of his stock to any
one else, there is no objection to his appointing any one as his
proxy. But the case is very different with many incorporated
societies of a social, benevolent, or religious character, whose
business meetings are sometimes secret. Their membership cannot be
transferred by the members like stock, and therefore they should
not be allowed to appoint any proxies who are not members of the
organization. The state law is above the by-laws of the society,
and if the state law empowers members of all corporations to
appoint proxies to vote at all business meetings, no by-laws of
an incorporated secret society could prevent non-members holding
proxies from attending and voting at all business meetings of the
society. This should not be the case. With stock corporations
it does no harm, because all the business is done by directors,
and no proxies are allowed in their meetings, and no one can be
present without their consent. But in many societies of the kind
mentioned the business is transacted in meetings attended by none
but members, and unlimited proxies would be a serious interference
with their work. If the state law requires proxy voting in all
corporations, it should be limited to the election of officers,
including directors, and also the proxies should be required to
be held by members of the corporation in all organizations whose
primary object is not pecuniary profit.
=47. Votes that are Null and Void even if Unanimous.= No motion is
in order that conflicts with the laws of the nation, or state, or
with the assembly’s constitution or by-laws, and if such a motion
is adopted, even by a unanimous vote, it is null and void. No rule
that conflicts with a rule of a higher order is of any authority;
thus, a by-law providing for the suspension by general consent of an
article of the constitution would be null and void; so, the general
parliamentary rule allowing a two-thirds vote to amend the by-laws
after due notice, is only in force when the by-laws are silent on the
subject. Rules that protect absentees cannot be suspended informally
by general consent, or formally by a unanimous vote, as the absentees
have not given their consent. For instance, a rule requiring the
giving of a specified notice of certain motions, as an amendment of
the by-laws, cannot be suspended by general consent or by a unanimous
vote. When a vote is required to be taken by ballot, the object is to
enable members to conceal their votes, and any motion that defeats
this object is out of order. Thus, when the rules require the vote to
be by ballot, as is usual in elections to office or membership, this
rule cannot be suspended even by general consent, because no one can
object without exposing his vote, which he cannot be compelled to
do. When the election must be by ballot, a motion to have the ballot
cast by one person is out of order. So, when the rules require the
vote to be by ballot, a motion to make unanimous a vote that was not
unanimous, must be voted on by ballot, as otherwise the vote would
not be secret.
=48. Motions requiring more than a Majority Vote.= _Majority Vote._
Any legitimate motion not included among those mentioned below as
requiring more than a majority vote, requires for its adoption only a
majority; that is, more than half of the votes cast, ignoring blanks,
at a legal meeting where a quorum is present, unless a larger vote
for its adoption is required by the rules of the assembly.
_General Consent or Unanimous Vote._ By general, or unanimous, or
silent, consent the assembly can do business with little regard for
the rules of procedure, as they are made for the protection of the
minority, and when there is no minority to protect, there is little
use for the restraint of the rules, except such as protect the rights
of absent members, or the right to a secret vote. In the former case
the consent of the absentees cannot be given, and in the latter case
the consent cannot be withheld by the minority without exposing their
votes, which they cannot be compelled to do. When the election is not
by ballot and there are several candidates one of whom receives a
majority vote, sometimes a motion is made to make the vote unanimous.
It should never be made except by the candidate with the largest
number of votes after the successful one, or his representative,
and even then its propriety is doubtful. One negative vote defeats
a motion to make a vote unanimous, as a single objection defeats a
request for general consent.
By the legitimate use of the principle that the rules are designed
for the protection of the minority, and generally need not be
strictly enforced when there is no minority to protect, business
may be greatly expedited. When there is evidently no opposition,
the formality of voting can be avoided by the chair’s asking if
there is any objection to the proposed action, and if there is none,
announcing the result. The action thus taken is said to be done by
general consent, or unanimous or silent consent. Thus, after an
order has been adopted limiting the speeches to two minutes each, if
a speaker is so interesting that when his time has expired there is a
general demand for him to go on, the chair, instead of waiting for a
motion and taking a vote, could accept it as the will of the assembly
that the speaker’s time be extended, and would direct him to proceed.
Or, he might say that if there is no objection the member’s time will
be extended two minutes, or some other time. [See also page 198.]
_Two-thirds Vote._ A two-thirds vote means two-thirds of the votes
cast, ignoring blanks which should never be counted. This must
not be confused with a vote of two-thirds of the members present,
or two-thirds of the members, terms sometimes used in by-laws. To
illustrate the difference: Suppose 14 members vote on a question in a
meeting of a society where 20 are present out of a total membership
of 70, a two-thirds vote would be 10; a two-thirds vote of the
members present would be 14; and a vote of two-thirds of the members
would be 47.
There has been established as a compromise between the rights of
the individual and the rights of the assembly the principle that
a two-thirds vote is required to adopt any motion that suspends
or modifies a rule of order previously adopted; or prevents the
introduction of a question for consideration; or closes, or limits,
or extends the limits of debate; or limits the freedom of nomination
or voting; or closes nominations or the polls; or deprives one of
membership or office. It will be found that every motion in the
following list belongs to one of the classes just mentioned.
Motions Requiring a Two-thirds Vote.{41}
{41} The U. S. Constitution requires a two-thirds vote of both Houses
to pass a resolution proposing an amendment to the Constitution, to
pass a vetoed bill, or to remove political disabilities; a two-thirds
vote of either House to expel a member; and a vote of two-thirds of
the Senators present to ratify a treaty or convict on an impeachment.
The House requires a two-thirds vote to suspend the rules, but is
obliged to allow a majority to order the previous question or to
limit debate, as otherwise its business could never be transacted.
Still, a bill cannot be passed without at least forty minutes of
debate, as that is allowed after the suspension of the rules or the
previous question has been ordered. [See foot note to =44=.]
_Amend (Annul, Repeal, or Rescind) any part of the Constitution,
By-laws, or Rules of Order, previously adopted; it also
requires previous notice_ =68=
_Amend or Rescind a Standing Rule, a Program or Order of
Business, or a Resolution, previously adopted, without notice
being given at a previous meeting or in the call for the
meeting_ =37=
_Take up a Question out of its Proper Order_ =22=
_Suspend the Rules_ =22=
_Make a Special Order_ =20=
_Discharge an Order of the Day before it is pending_ =20=
_Refuse to Proceed to the Orders of the Day_ =20=
_Sustain an Objection to the Consideration of a Question_ =23=
_Previous Question_ =29=
_Limit, or Extend the Limits, of Debate_ =30=
_Extend the Time Appointed for Adjournment or for Taking a
Recess_ =20=
_Close Nominations_ [=26=] _or the Polls_ =25=
_Limit the Names to be Voted for_
_Expel from Membership: it also requires previous notice and
trial_ =75=
_Depose from Office: it also requires previous notice_
_Discharge a Committee when previous notice has not been given_ =32=
_Reconsider in Committee when a member of the majority is absent
and has not been notified of the proposed reconsideration_ =36=
Art. IX. Committees and Boards.
PAGE
=49.= Committees Classified =206=
=50.= Boards of Managers, etc., and Executive Committees =207=
=51.= Ex-Officio Members of Boards and Committees =210=
=52.= Committees, Special and Standing =211=
=53.= Reception of Reports =220=
=54.= Adoption or Acceptance of Reports =223=
=55.= Committee of the Whole =229=
=56.= As if in Committee of the Whole =233=
=57.= Informal Consideration =234=
=49. Committees Classified.= A Committee is a body of one or more
persons appointed or elected by an assembly or society to consider,
or investigate, or take action in regard to, certain matters or
subjects; or to do all of these things. Committees may be divided
into two distinct classes:
(1) Boards of Managers or Directors, Boards of Trustees, Executive
Committees, etc.
(2) Ordinary Committees, Special or Standing, and Committee of the
Whole and its substitutes.
These different kinds of committees are considered separately in the
following five sections.
=50. Boards of Managers or Directors, Boards of Trustees, Executive
Committees, etc.= Committees of this class are essentially small
deliberative assemblies, subordinate to the body that appoints them,
with their duties and authority, and the number of their regular
meetings and their quorums, defined by the parent body, or by its
authority. Boards or Committees of this class are usually appointed
by organizations that meet only annually or quarterly. With such
an organization it is customary and necessary to delegate to a
committee, usually known as the Board of Managers or Directors, all
its authority, with slight limitations, to be exercised between its
meetings. The by-laws of the Board are adopted by the parent body,
or the Board may be authorized to adopt its own by-laws. It is usual
to authorize the Board to appoint from its membership an Executive
Committee of a specified number who shall have all the power of the
Board between the meetings of the Board, just as the Board has all
the power of the Society between the meetings of the Society, except
that the subordinate body cannot modify any action taken by its
superior. The Executive Committee should be small and the members
should live near enough each other to be able to have frequent
regular meetings, besides special meetings in emergencies. Where the
organization is local, such as a society for sustaining an orphan
asylum, the Board of Managers usually divides itself into committees
having charge of different branches of the work during the intervals
between the monthly or quarterly meetings of the Board, when these
committees report on the work done. It is seldom that resolutions or
other matters are referred to boards or committees of this class for
them to report back to the society with recommendations. If papers
are referred to them it is usually for their information and action.
They are organized as any other deliberative assembly with a chairman
and a secretary, whom they elect if they are not appointed by the
society. Frequently the by-laws of the society make its president
and its corresponding, or executive secretary, ex-officio, [=51=]
president and secretary of the Board of Managers.
In large boards business is transacted the same as in the society
meetings; but in small boards the same formality is not necessary
or usual, the informality observed by committees being generally
allowed. In a board meeting where there are not more than about a
dozen present, for instance, it is not necessary to rise in order
to make a motion, nor to wait for recognition by the chair before
speaking or making a motion, nor for a motion to have a second; nor
is there any limit to the number of speeches, nor does the chairman
leave the chair when making a motion or discussing a question. The
formalities necessary in order to transact business in a large
assembly would hinder business in so small a body.
Boards are often constituted so that the term of office of, say,
one-third of its members expires each year. After each annual meeting
in such case, the board elects new officers and committees, the same
as if the entire board had been re-elected. All unfinished business
falls to the ground when the new board is elected.
It is customary for the by-laws to require an annual report from the
Board of Managers, which usually gives a brief account of its doings
for the year with recommendations for the future. After discussion,
and amendment if necessary, the report is usually adopted by the
society and published in its annual proceedings as the report of
the board. In such a case, care should be taken in publishing it
to inclose in brackets all that has been struck out, and to put in
italics whatever has been inserted, and to insert a note to that
effect at the beginning of the report, so that exactly what the board
recommended can readily be seen. The minutes should read thus: “The
Board of Managers submitted its report which after discussion and
amendment was adopted as follows, the words in brackets having been
struck out and those underscored (in italics) having been inserted
before the report was adopted.” The society cannot alter the report
of the board. It may decline to indorse it, or even to allow it to be
printed, but it cannot make it appear that the board stated anything
different from what it has reported. By the above plan is shown
exactly what the board reported and what the society adopted, or
endorsed.
=51. Ex-Officio Members of Boards and Committees.= Frequently boards
and committees contain some members who are members by virtue of
their office, and, therefore, are termed ex-officio members. When
such a member ceases to hold the office his membership of the board
terminates automatically. If the ex-officio member is under the
control of the society, there is no distinction between him and the
other members except where the president is ex-officio member of all
committees, in which case it is evidently the intention to permit,
not to require, him to act as a member of the various committees,
and therefore in counting a quorum he should not be counted as a
member. The president is not a member of any committee except by
virtue of a special rule, unless he is so appointed by the assembly.
If the ex-officio member is not under the authority of the society,
he has all the privileges, including the right to vote, but none of
the obligations of membership; as when the governor of a state is,
ex-officio, a manager or a trustee of a private academy.
=52. Committees, Special and Standing.= It is usual in deliberative
assemblies, to have all preliminary work in the preparation of matter
for their action done by means of committees. The committee may be
either a “standing committee,” appointed for a definite time, as a
session or a year; or a “special [or select] committee,” appointed
for a special purpose; or a “committee of the whole” consisting of
the entire assembly. [For method of appointing committees of the
whole, see =55=; other committees, see Commit, =32=.] Committees
of the whole are not used much except in legislative bodies, and
when the word committees is used in this Manual, unless specified
to the contrary, standing or special committees are meant. Unless
the assembly has appointed a chairman, either directly or through
its presiding officer, the first named on a committee, and in his
absence the next named member, becomes chairman, and so on and
should act as such unless the committee by a majority of its number
elects a chairman, which it has the right to do if the assembly has
not appointed one, and which a standing committee usually does. The
clerk should furnish him, or, in his absence, some other member of
the committee, with notice of the appointment of the committee, the
names of the members, the papers or matter referred to it, and such
instructions as the assembly has decided upon. Upon the committee’s
request, all papers and books necessary for the proper performance of
its duties should be turned over to it by the proper officers.
It is the duty of the chairman to call the committee together, but,
if he is absent, or neglects or declines to call a meeting of the
committee, it is the duty of the committee to meet on the call of any
two of its members. In small special committees the chairman usually
acts as secretary, but in large ones and in all standing committees,
it is customary to elect a secretary, who keeps a brief memorandum of
what is done, for the use of the committee. Members of the society
have a right to appear at the committee meetings and present their
views on the subject before it at such reasonable times as, upon
request, the committee may appoint. But during the deliberations of
the committee no one has a right to be present, except members of the
committee.
The rules of the assembly, as far as possible, apply to the
committee, but motions to close or limit debate are not allowed, and
there is no limit to the number of times a member may speak, and
unless the committee is very large, it is not necessary for any one
to rise and address the chair before making a motion or speaking,
nor does the chairman rise to put the question, nor does he leave
the chair to speak or make motions, nor are motions seconded. These
formalities are unnecessary because the committee is so small,
but, unless agreed to by general consent, all questions must be
put to vote. Instead of the chairman’s abstaining from speaking
on questions, he is, usually, the most active participant in the
discussions and work of the committee. In order that the assembly
may have the benefit of the matured judgment of the committee, a
reconsideration of a vote must be allowed regardless of the time
and of previous reconsideration, and it may be moved by any one
who did not vote with the minority, even if he was absent when the
previous vote was taken; but it shall require a two-thirds vote for
its adoption unless every member who voted with the majority is
either present or received ample notice of the meeting and that the
reconsideration was to be moved. This prevents taking advantage of
the absence of members to reverse action, and enables members who
were absent to bring up the question of reconsideration.
The committee constitute a miniature assembly, being able to act only
when a quorum (a majority of the members) is present. If a paper is
referred to them, they must not write on it, but should write their
amendments on a separate sheet. If the amendments are numerous it
is better to write out a substitute and submit it. If a resolution
is referred to a committee while a motion to postpone indefinitely
is pending, only the resolution is referred to the committee, the
motion to postpone indefinitely being ignored. If amendments are
pending they go to the committee, who may recommend their adoption
or rejection, or make no recommendation in regard to them. If the
committee originate the paper, all amendments must be incorporated
in it. When they originate it, usually one member has previously
prepared a draft, which is read entirely through, and then read by
paragraphs, the chairman pausing after each paragraph, and asking:
“Are there any amendments proposed to this paragraph?” No vote is
taken on the adoption of the separate paragraphs; but, after the
whole paper has been read in this way, it is open to amendment
generally, by striking out any paragraph, or by substituting or
inserting new ones, or by substituting an entirely new paper for it.
If there is a preamble it is considered last. When the entire paper
has been amended to suit the committee, they should adopt it as their
report, and direct the chairman or some other member to report it to
the assembly. When committees are appointed to investigate, or to
report upon, certain matters, the report should close with, or be
accompanied by, formal resolutions covering all recommendations, so
that when their report is made no motion is necessary except to adopt
the resolutions.
If the report is written in this form, “Your committee are of the
opinion that Mr. A’s bill should be paid,” there might be some doubt
as to the effect of the adoption of the recommendation or the report.
The report should close with a recommendation that the following
order be adopted: “Ordered, That the Treasurer pay Mr. A’s bill for
$10.15.” If a report recommends that charges be preferred against
Mr. B, it should close with recommending the adoption of resolutions,
which should be written out, providing for holding an adjourned
meeting, and for citing the member to appear at the adjourned
meeting for trial on charges that must be specified. These should be
prepared by the committee and submitted as a part of their report.
The committee should never leave to others the responsibility of
preparing resolutions to carry out their recommendations. They should
consider this as one of their most important duties.
When the report has been adopted by the committee a clear copy is
made, usually commencing in a style similar to this: “The committee
to whom was referred (state the matter referred), beg leave to submit
the following report;” or, “Your committee appointed to (specify
the object), respectfully report,” etc. If the report is of much
importance it should be signed by all the members concurring in the
report; but when it is of little importance, or merely recommends
amendments, etc., it may be signed by the chairman alone, his
signature being followed by the word “Chairman.” He should not,
however, place “Chairman” after his signature except when he signs
the report alone and by the authority of the committee. The report
must always be in the third person though written and signed by only
one. The signature may be preceded by the words, “Respectfully
submitted,” but it is not necessary. Usually the report is not dated
or addressed, and sometimes it consists merely of a resolution, or
a set of resolutions. In the latter case the chairman states he is
instructed by the committee to submit and to move the adoption of
the resolutions. The report of the majority is the report of the
committee and should never be referred to as the majority report.
If the minority submit a report, (or more properly, their “views,”)
it may commence thus: “The undersigned, a minority of the committee
appointed, etc., not agreeing with the majority, desire to express
their views in the case.” After the committee’s report has been read
and the motion to adopt has been made and the question stated, it is
usual to allow the minority to present their views, but if any one
objects to its reception the chair should put the question to vote
on its being received. It requires a majority vote to receive it,
the question being undebatable. When the minority report is read it
is for information, and it cannot be acted upon except by a motion
to substitute it for the report of the committee. Whether the views
of the minority are read or not, any one can move to substitute the
resolutions they recommend for those recommended by the committee.
Where the minority cannot agree, each member may submit his views
separately. In some cases a member agrees to the report with a single
exception, in which case instead of submitting his views separately,
after all have signed who agree to the report he may write that he
agrees to the report except the part which he specifies, and then
sign the statement.
The committee’s report{42} can contain only that which has been
agreed to by a majority vote at a meeting of which every member
has been notified, or at an adjourned meeting thereof (a quorum,
a majority of the members, being present), except where it is
impracticable to have a meeting of the committee, when it may contain
what is agreed to by every member. If a committee is appointed from
different sections of the country with the expectation that its work
will be done by correspondence, its report can contain only what is
agreed to by a majority of the members.
{42} In Congress nothing can be “the report of the committee but what
has been agreed to in committee actually assembled,” so that a report
signed by a majority of a committee acting separately was ruled out.
In some societies, however, it is often impracticable to have regular
committee meetings with a majority present.
A committee, except a committee of the whole, can appoint a
sub-committee which, however, reports to the committee, and never
to the assembly. This sub-committee must consist of members of the
committee, except in cases where the committee is appointed to
take action that requires the assistance of others, as to make
arrangements for holding a bazaar. In such a case it is best to
appoint the committee with power to appoint such sub-committees as
are required; or, as is frequently done, to appoint the committee
“with power,” which means with power to take all the steps necessary
to carry out its instructions. A committee has no power to punish
its members for disorderly conduct, its recourse being to report
the facts to the assembly. No allusion can be made in the assembly
to what has occurred during the deliberations of the committee,
unless it is by a report of the committee or by general consent.
When a special committee is through with the business assigned it, a
motion is made for the committee to “rise” (which is equivalent to
the motion to adjourn without day), and that the chairman (or some
member who is more familiar with the subject) make its report to the
assembly. A special committee ceases to exist as soon as the assembly
receives its report. When a committee adjourns without appointing
a time for the next meeting, it is considered as having adjourned
at the call of the chair, so that all the meetings of a special
committee constitute one session. A meeting of a special committee
may be called at any time by the chairman or by any two of its
members, every member being notified. When a committee adjourns to
meet at another time, it is not necessary (though usually advisable)
that absent members should be notified of the adjourned meeting.
A standing committee is either wholly, or partially, elected at each
annual meeting in ordinary societies, and immediately thereafter it
reorganizes by electing a chairman (unless he has been appointed by
the assembly) and a secretary. Therefore, a standing committee must
report at the annual meeting, or before, on everything referred to
it during the year. The motion to rise is never used in standing
committees or boards, nor is it used in other committees except when
the committee is ready to report so that it will never meet again.
A special committee is appointed for a specific purpose, and until
the duty assigned it by the society is accomplished it continues to
exist, unless sooner discharged, which requires a two-thirds vote
if done without notice being given. The fact that an annual meeting
has intervened does not discharge a special committee appointed by
a society. But in an elected or appointed body, as a convention,
special committees that have not reported cease to exist when the
new officers assume their duties at the next annual meeting. When
discharged, the chairman of the committee returns to the secretary
all documents received from him.
While in small assemblies, especially in those where but little
business is done, there is not much need of committees, in large
assemblies, or in those doing a great deal of business, committees
are of the utmost importance. When a committee is properly selected,
in nine cases out of ten its action decides that of the assembly. A
committee for _action_ should be small, and consist only of those
heartily in favor of the proposed action. If one not in sympathy
with it is appointed, he should ask to be excused. A committee for
deliberation or investigation, on the contrary, should be large, and
represent all parties in the assembly, so that its opinion will carry
with it as great weight as possible. The usefulness of the committee
will be greatly impaired if any important faction of the assembly is
unrepresented on the committee. The appointment of a committee is
fully explained in =32=.
=53. Reception of Reports.= When there is a place in the order of
business provided for reports of committees, they are not made until
they are called for by the chair. Upon the arrival of the time for
these reports, the chair calls for the reports of such officers and
standing committees as are required to make reports, in the order in
which they are arranged in the rules; after which he calls for the
reports of the special committees in the order of their appointment.
When called upon, the reporting member (who is the chairman of the
committee unless another member is appointed to make the report)
rises and addresses the chair, and, when recognized, reads the
report and hands it to the presiding officer, or the secretary, and,
when necessary, moves its adoption or acceptance as explained in the
next section. If the committee reports back a paper with amendments,
the amendments are read with sufficient of the related parts to make
them understood. If it is desired to have a report made earlier than
the rules allow, it can be done, by a two-thirds vote, by suspending
the rules [=22=] and receiving the report at once.
If the order of business makes no provision for the report of the
committee, the reporting member, when ready to report, obtains the
floor when no business is pending, and informs the assembly that the
committee to which was referred such a subject or paper has agreed
upon a report which he is now prepared to submit. If the chair thinks
the assembly wishes to hear the report he directs him to proceed,
whereupon he reads the report and hands it to the chairman and makes
the proper motion for its disposal. If before it is read any one
objects to its reception, or if the chair is in doubt as to whether
it should be received now, he puts to the assembly the question,
“Shall the report be received now?” It requires a majority vote to
receive it, and the question is undebatable. If the vote is in the
negative, a time for the reception of the report should be appointed
either by a vote or by general consent. Usually no motions are made
or votes taken in regard to receiving reports, these matters being
all settled informally by general consent.
If the report is a final one, when the assembly has received the
report the committee has completed its work, and, without any motion,
it is automatically discharged from further consideration of the
subject, and, if it is a special committee, it ceases to exist. If
the report is only a partial one the committee is not discharged
unless the assembly so votes. If the subject is recommitted the
committee is revived (unless the reference is to another committee),
and all parts of the report that have not been adopted by the
assembly are ignored by the committee as if the report had never
been made. If any member or members wish to submit the views of the
minority it is customary to receive such a report immediately after
receiving the report of the committee. In such case the reporting
member should notify the assembly that the views of the minority will
be submitted in a separate paper. As soon as the chair has stated the
question on the report, he should call for the views of the minority,
which are then read for information. They cannot be acted upon unless
it is moved to substitute them for the committee’s report, or rather
to substitute the recommendations of the minority for those of the
committee.
A very common error is, after a report has been read, to move that
it be received, whereas the fact that it has been read shows that
it has been already received by the assembly. Another mistake, less
common, but dangerous, is to vote that the report be accepted, which
is equivalent to adopting it [see next section], when the intention
is only to have the report up for consideration and afterwards to
vote on its adoption.
=54. Adoption or Acceptance of Reports.= When the report of a
committee has been received, that is, has been presented to the
assembly and either read or handed to the chair or the secretary,
the next business in order is the disposal of the report, the proper
disposition depending upon its nature.
(1) If the report contains only a statement of fact or opinion for
the information of the assembly, the reporting member makes no motion
for its disposal, as there is no necessity for action on the report.
But if any action is taken, the proper motion, which should be made
by some one else, is to “accept the report,” which has the effect of
endorsing the statement and making the assembly assume responsibility
for it.
If it is a financial report, as in case of a board of trustees or
a treasurer, it should be referred to an auditing committee, as
the vote to accept the report does not endorse the accuracy of the
figures, for the assembly can only be sure of that by having the
report audited. Whenever such a financial report is made, the
chair, without any motion, should say it is referred to the auditing
committee or auditors, if there are any. If there are none, then the
proper motion is to refer it to an auditing committee to be appointed
by the chair. When the auditing committee reports, this report should
be accepted, or adopted, which carries with it the endorsement of the
financial report.
(2) If the report contains recommendations not in the form of
motions, they should all be placed at the end of the report, even if
they have been given separately before, and the proper motion is to
adopt the recommendations.
(3) If the report concludes with a resolution or a series of
resolutions, the proper course is for the reporting member to move
that the resolution or resolutions be adopted or agreed to. This
method should be adopted whenever practicable.
(4) If a committee reports back a resolution which was referred
to it, the motion to postpone indefinitely, if it was pending, is
ignored; if an amendment was pending it should be reported on. The
form of the question to be stated by the chair depends upon the
recommendation of the committee as follows: (_a_) If the committee
recommends its adoption, or makes no recommendation (where it can
come to no agreement), the question should be stated on the amendment
if there was one pending, and then on the resolution. These motions
were pending when the question was referred to the committee, and
therefore should not be made again. (_b_) If the recommendation is
that the resolution be not adopted, the question on the resolution,
when it is put, should be stated thus: “The question is on the
adoption of the resolution, the recommendation of the committee to
the contrary notwithstanding.” A similar course is pursued if the
committee recommends that an amendment be not adopted. (_c_) If the
committee recommends that the resolution be postponed indefinitely,
or postponed to a certain time, the question should be on the
postponement, and, if that is lost, then on the resolution.
(_d_) If the committee reports back a resolution or paper with
amendments, the reporting member reads only the amendments with
sufficient of the context to make them understood and then moves
their adoption. The chairman, after stating the question on the
adoption of the amendments, calls for the reading of the first
amendment, after which it is open for debate and amendment. A vote is
then taken on adopting this amendment, and the next is read, and so
on till the amendments are adopted or rejected, admitting amendments
to the committee’s amendments, but no others. When through with the
committee’s amendments, the chairman pauses for any other amendments
to be proposed by the assembly; and when these are voted on he puts
the question on agreeing to, or adopting, the paper as amended,
unless, in a case like revising the by-laws, they have been already
adopted. By suspending the rules [=22=], or by general consent, a
report can be at once adopted without following any of the above
routine.
If the amendments do not call for debate or amendment, as when
reported from the committee of the whole, where they have been
already discussed, the chair puts a single question on all the
committee’s amendments except those for which a member asks a
separate vote, thus: “As many as are in favor of adopting the
amendments recommended by the committee, except those for which a
separate vote has been asked, say _aye_; those opposed say _no_.” He
then takes up the remaining amendments separately in their order.
(_e_) If the committee reports back a resolution with a substitute
which it recommends for adoption, the chair states the question
on the substitute, if there were no amendments pending when the
resolution was committed. If, however, amendments were pending when
the resolution was committed, the chair first states the questions
on those pending amendments, and when they are disposed of he states
the question on the substitute. In either case the substitute is
treated like any other substitute motion, the resolution being
first perfected by amendments and then the substitute resolution.
After both have been thus perfected the question is put on the
substitution, and finally on the resolution. If the substitute is
lost the resolution is open to amendments proposed by members. (_f_)
If the report is of a nomination committee no vote should be taken,
any more than if a member had made the nominations. (_g_) If the
report is from the membership committee, the chair at once states the
question on the reception as members of the candidates recommended by
the committee.
A partial report of a committee is treated the same as the final
report. If it reports progress only, without recommendations or
conclusions, it is treated as any other report for information,
and no action need be taken. But, if the partial report recommends
action, then the question is to be put on adopting the report, or its
recommendations, or the resolutions, the same as if it were the final
report.
While it is customary in ordinary societies to make and second a
motion to accept or adopt a committee’s report, yet if the motion
is not made and the chair deems it best to have a vote taken on the
question, he may state the appropriate question without waiting for
a motion, accepting the submission of the report by a committee as
equivalent to moving the adoption of the appropriate motion for
disposing of it, just as is the case when one offers a resolution.
To wait to see if two members are in favor of a proposition which
at least two have signed, or authorized the chairman, or reporting
member, to sign, would appear useless. In ordinary societies the
chairman of the assembly usually knows better than the reporting
member how the business should be managed, especially if a resolution
is reported with many amendments. However, unless the assembly is
accustomed to having its chairman put the proper questions on the
report without any formal motion, it is better for the reporting
member to move the “adoption” of the resolutions or recommendations,
as that is generally understood.
When the chair has stated the question on the adoption of the
recommendations or resolutions, or of the report, the matter under
consideration is open to debate and amendment, and may have applied
to it any of the subsidiary motions, like other main questions. Its
consideration cannot be objected to if the matter was referred to the
committee. While the report of the committee or its resolutions may
be amended by the assembly, these amendments only affect that which
the assembly adopts, as the assembly cannot in any way change the
committee’s report.
For example: A committee expresses the opinion that Mr. A has no
right to commit a certain act, and the assembly strikes out this
statement from the report before adopting it. This does not alter the
report, but, when the assembly adopts the report, this statement is
not adopted. So with a recommendation or a resolution: the assembly
may strike out or add one or more recommendations or resolutions
before adopting, but that does not alter the committee’s report.
If the proceedings are published, the committee’s report should be
printed exactly as it was submitted with the amendments printed
below; or, still better, all words struck out should be enclosed in
brackets and all words inserted should be printed in italics, and a
note to that effect inserted at the beginning.
While the motions to adopt, to accept, etc., are often used
indiscriminately, and the adoption of any one of them has the effect
of endorsing or adopting the opinions, actions, recommendations,
or resolutions submitted by the committee, as the case may be, yet
it is better to use them as heretofore stated. If only one term is
used, the word “adopt” is preferable, as it is least liable to be
misunderstood.
=55. Committee of the Whole.= When an assembly has to consider a
subject which it does not wish to refer to a committee, and yet where
the subject matter is not well digested and put into proper form for
its definite action, or when, for any other reason, it is desirable
for the assembly to consider a subject with all the freedom of an
ordinary committee, it is the practice to refer the matter to the
“Committee of the Whole.” If it is desired to consider the question
at once, the motion is made, “That the assembly do now resolve itself
into a committee of the whole, to take under consideration,” etc.,
or, “That we go into committee of the whole to consider,” etc.,
specifying the subject. This is really a motion to “commit.” [See
=32= for its order of precedence, etc.] If adopted, the chairman
immediately calls another member to the chair, and takes his place as
a member of the committee. The committee is under the rules of the
assembly, excepting as stated hereafter in this section.
The only motions in order are to amend and adopt, and that the
committee “rise and report,” as it cannot adjourn; nor can it order
the “yeas and nays.” An appeal from the decision of the chair can be
made, and it must be voted on directly, as it cannot be laid on the
table or postponed, those motions not being allowed in committee of
the whole. Each member can speak only once on the appeal. The only
way to close or limit debate in committee of the whole is for the
assembly, before going into committee of the whole, to vote that the
debate in committee shall cease at a certain time, or that after a
certain time no debate shall be allowed, excepting on new amendments,
and then only one speech in favor of and one against it, of, say,
five minutes each; or in some other way to regulate the time for
debate.
If no limit is prescribed, any member may speak as often as he can
get the floor, and as long each time as is allowed in debate in the
assembly, but he cannot speak a second time provided a member wishes
the floor who has not spoken on that particular question. Debate
having been closed at a particular time by order of the assembly, the
committee has not the power, even by unanimous consent, to extend the
time. The committee cannot refer the subject to another committee.
Like other committees, it cannot alter the text of any resolution
referred to it; but if the resolution originated in the committee,
then all the amendments are incorporated in it.
When the committee is through with the consideration of the subject
referred to it, or if it wishes to adjourn, or to have the assembly
limit debate, a motion is made that “the committee rise and report,”
etc., specifying the result of its proceedings. The motion to “rise”
is equivalent to the motion to adjourn in the assembly, and is always
in order (except while voting or when another member has the floor),
and is undebatable and cannot be amended. As soon as this motion
is adopted the presiding officer takes the chair, and the chairman
of the committee, having resumed his place in the assembly, rises,
addresses the chair, and says: “The Committee of the Whole has had
under consideration (here he describes the resolution or other
matter) and has directed me to report the same with (or without, as
the case may be) amendments,” provided the committee has concluded
its business. If the committee has failed to come to a conclusion,
strike out of the report all after “and has” and insert “come to no
conclusion thereon.” If no amendments are reported, the chair at once
states the question on the resolution or other matter referred to
the committee. If amendments are reported the reporting member reads
them, and hands the paper to the chair, who reads, and states and
puts the question on the amendments as a whole, unless a member asks
for a separate vote on one or more amendments, in which case a single
vote is taken on all the other amendments, and then the question is
stated separately on each of the amendments for which a separate vote
was asked. The amendments may be debated and amended.
The secretary does not record in the minutes the proceedings of the
committee, but should keep a memorandum of the proceedings for its
use. In large assemblies the secretary vacates his chair, which
is occupied by the chairman of the committee, and the assistant
secretary acts as secretary of the committee. Should the committee
become disorderly, and the chairman be unable to control it, the
presiding officer should take the chair and declare the committee
dissolved. The quorum of the committee of the whole is the same as
that of the assembly [=64=]. If the committee finds itself without a
quorum, it can only rise and report the fact to the assembly, which
in such case must adjourn.
In large assemblies, such as the U. S. House of Representatives,
where a member can speak to any question only once, the committee
of the whole seems almost a necessity, as it allows the freest
discussion of a subject, while at any time it can rise and thus bring
into force the strict rules of the assembly. In small assemblies it
is usually more convenient to substitute for it either the “Quasi
(as if in) Committee of the Whole,” as used in the U. S. Senate, or
“Informal Consideration,” as frequently used in ordinary societies.
These are explained in the next two sections.
=56. As if in (or Quasi) Committee of the Whole= is used in the U. S.
Senate instead of the committee of the whole, and is more convenient
in small assemblies. The motion should be made in a form similar to
this: “I move that the resolution be considered as if in committee of
the whole.” This being adopted, the question is open to debate and
amendment with all the freedom of the committee of the whole. The
presiding officer, however, retains the chair, instead of appointing
a chairman as is done when the assembly goes into committee of the
whole. If any motion is adopted, except an amendment, it puts an end
to the quasi committee of the whole. Thus, the motion to commit is
equivalent to the following motions when in committee of the whole:
(1) That the committee rise; (2) that the committee of the whole be
discharged from the further consideration of the subject; and (3)
that it be referred to a committee. When the assembly has finished
amending the proposition under consideration, without further motion
the chairman announces that, “The assembly, acting as if in committee
of the whole, has had such subject under consideration, and has made
certain amendments,” which he then reports. The subject comes before
the assembly then as if reported by a committee, the chair stating
the question on the amendments as described at the close of the
previous section under committee of the whole. The secretary should
keep a memorandum of the proceedings while acting as if in committee
of the whole, but it should not be entered in the minutes, being only
for temporary use. The chairman’s report to the assembly should be
entered in the minutes, as it belongs to the assembly’s proceedings.
=57. Informal Consideration.= In ordinary societies the meetings of
which are not large, instead of going into committee of the whole,
or considering questions as if in committee of the whole, it is more
usual to consider the question informally. The motion is made thus:
“I move that the question be considered informally.” The effect of
the adoption of this motion is to open the main question and any
amendments that may be proposed, to free debate as if in committee
of the whole. No member can speak the second time to the same
question as long as a member who has not spoken desires the floor.
This informal consideration applies only to the main question and
its amendments, so that any other motion that is made is under the
regular rules of debate. While considering a question informally
the assembly by a two-thirds vote may limit the number or length of
speeches, or in any other way limit or close the debate. While the
consideration of the main question and its amendments is informal,
all votes are formal, the informality applying only to the number
of speeches allowed in debate. The instant the main question is
disposed of temporarily, or permanently, the informal consideration
automatically ceases without any motion or vote.
If the question is considered in either the regular committee of
the whole or the quasi committee of the whole, it is necessary
formally to report the action to the assembly and then take action
on the report. Thus, it will be seen that informal consideration is
much simpler than either of the methods described in the previous
two sections. It can be used to advantage in assemblies that are
not very large, instead of the committee of the whole. While this
is not a motion to commit, yet it is used for practically the same
purpose as the committee of the whole. It ranks just below the
motion “to consider as if in committee of the whole,” which is just
below “to go into committee of the whole.”
Art. X. The Officers and the Minutes.
PAGE
=58.= Chairman or President =236=
=59.= Secretary or Clerk =244=
=60.= The Minutes =247=
=61.= Executive Secretary =250=
=62.= Treasurer =251=
=58. Chairman or President.= The presiding officer, when no special
title has been assigned him, is ordinarily called the Chairman, or
the President, or, especially in religious assemblies, the Moderator.
In organized societies the constitution always prescribes his title,
that of President being most common. In debate he is referred to by
his official title and is addressed by prefixing Mr. or Madam, as the
case may be, to that title. In referring to himself he should never
use the personal pronoun; he generally says, “the chair,” which means
the presiding officer of the assembly, regardless of whether his
position is permanent or temporary. If his position is only temporary
he is called the chairman.
His duties are generally as follows: To open the session at the time
at which the assembly is to meet, by taking the chair and calling the
members to order; to announce the business before the assembly in the
order in which it is to be acted upon [=65=]; to recognize members
entitled to the floor [=3=]; to state [=6=] and to put to vote [=9=]
all questions which are regularly moved, or necessarily arise in the
course of the proceedings, and to announce the result of the vote;
to protect the assembly from annoyance from evidently frivolous or
dilatory motions by refusing to recognize them [=40=]; to assist in
the expediting of business in every way compatible with the rights of
the members, as by allowing brief remarks when undebatable motions
are pending, if he thinks it advisable; to restrain the members when
engaged in debate, within the rules of order; to enforce on all
occasions the observance of order and decorum among the members,
deciding all questions of order (subject to an appeal to the assembly
by any two members) unless when in doubt he prefers to submit the
question for the decision of the assembly [=21=]; to inform the
assembly, when necessary, or when referred to for the purpose, on
a point of order or practice pertinent to pending business; to
authenticate, by his signature, when necessary, all the acts, orders,
and proceedings of the assembly declaring its will and in all things
obeying its commands.
In case of fire, riot, or very serious disorder, or other great
emergency, the chair has the right and the duty to declare the
assembly adjourned to some other time (and place if necessary), if
it is impracticable to take a vote, or in his opinion, dangerous to
delay for a vote.
The chairman should rise to put a question to vote, except in very
small assemblies, such as boards or committees, but may state it
sitting; he should also rise from his seat (without calling any
one to the chair) when giving his reasons for his decision upon a
point of order, or when speaking upon an appeal, which he can do in
preference to other members. During debate he should be seated and
pay attention to the speaker, who is required to address his remarks
to the presiding officer. He should always refer to himself as “the
chair,” thus, “The chair decides,” etc., not “I decide,” etc. When a
member has the floor, the chairman cannot interrupt him excepting as
provided in =3=, so long as he does not transgress any of the rules
of the assembly.
If a member of the assembly, he is entitled to vote when the vote
is by ballot (but not after the tellers have commenced to count the
ballots), and in all other cases where the vote would change the
result. Thus, in a case where a two-thirds vote is necessary, and
his vote thrown with the minority would prevent the adoption of
the question, he can cast his vote; so, also, he can vote with the
minority when it will produce a tie vote and thus cause the motion
to fail; but he cannot vote twice, first to make a tie, and then to
give the casting vote. Whenever a motion is made referring to the
chairman only, or which compliments or condemns him with others, it
should be put to vote by the Vice President if in the room, or by
the Secretary, or on their failure to do so, by the maker of the
motion. The chair should not hesitate to put the question on a motion
to appoint delegates or a committee on account of his being included.
The chairman cannot close debate unless by order of the assembly,
which requires a two-thirds vote; nor can he prevent the making of
legitimate motions by hurrying through the proceedings. If members
are reasonably prompt in exercising their right to speak or make
motions, the chair cannot prevent their doing so. If he has hurriedly
taken and announced a vote while a member is rising to address the
chair, the vote is null and void, and the member must be recognized.
On the other hand the chairman should not permit the object of a
meeting to be defeated by a few factious persons using parliamentary
forms with the evident object of obstructing business. In such a case
he should refuse to entertain the dilatory or frivolous motion, and,
if an appeal is taken, he should entertain it, and, if sustained by a
large majority he may afterwards refuse to entertain even an appeal
made by the faction when evidently made merely to obstruct business.
But the chair should never adopt such a course merely to expedite
business, when the opposition is not factious. It is only justifiable
when it is perfectly clear that the opposition is trying to obstruct
business. [See Dilatory Motions, =40=].
If it is necessary for the chairman to vacate the chair the first
Vice President, if there is one, should take the chair, and in his
absence the next one in order should take it. If there is no vice
president in the hall, then the chairman may, if it is necessary
to vacate the chair, appoint a chairman _pro tem._, but the first
adjournment puts an end to the appointment, which the assembly can
terminate before, if it pleases, by electing another chairman. But
the regular chairman, knowing that he will be absent from a future
meeting, cannot authorize another member to act in his place at such
meeting; the secretary, or, in his absence, some other member should
in such case call the meeting to order, and a chairman _pro tem._ be
elected who would hold office during that session, unless such office
is terminated by the entrance of the president or a vice president,
or by the election of another chairman _pro tem._, which may be done
by a majority vote.
The chairman sometimes calls a member to the chair and takes part
in the debate. This should rarely be done, and nothing can justify
it in a case where much feeling is shown and there is a liability
to difficulty in preserving order. If the chairman has even the
appearance of being a partisan, he loses much of his ability to
control those who are on the opposite side of the question. There
is nothing to justify the unfortunate habit some chairmen have
of constantly speaking on questions before the assembly, even
interrupting the member who has the floor. One who expects to take
an active part in debate should never accept the chair, or at least
should not resume the chair, after having made his speech, until
after the pending question is disposed of.{43} The presiding officer
of a large assembly should never be chosen for any reason except his
ability to preside.
{43} “Though the Speaker (Chairman) may of right speak to matters of
order and be first heard, he is restrained from speaking on any other
subject except where the House have occasion for facts within his
knowledge: then he may, with their leave, state the matter of fact.”
[Jefferson’s Manual, sec. XVII.]
“It is a general rule in all deliberative assemblies, that the
presiding officer shall not participate in the debate, or other
proceedings, in any other capacity than as such officer. He is only
allowed, therefore, to state matters of fact within his knowledge; to
inform the assembly on points of order or the course of proceeding,
when called upon for that purpose, or when he finds it necessary to
do so; and, on appeals from his decision on questions of order, to
address the assembly in debate.” [Cushing’s Manual, §202.]
The chairman should not only be familiar with parliamentary usage,
and set the example of strict conformity thereto, but he should be
a man of executive ability, capable of controlling men. He should
set an example of courtesy, and should never forget that to control
others it is necessary to control one’s self. A nervous, excited
chairman can scarcely fail to cause trouble in a meeting. No rules
will take the place of tact and common sense on the part of the
chairman. While usually he need not wait for motions of routine, or
for a motion to be seconded when he knows it is favored by others,
yet if this is objected to, it is safer instantly to require the
forms of parliamentary law to be observed. By general consent many
things can be done that will save much time [see page 202], but
where the assembly is very large, or is divided and contains members
who are habitually raising points of order, the most expeditious
and safe course is to enforce strictly all the rules and forms of
parliamentary law. He should be specially careful after every motion
is made and every vote is taken to announce the next business in
order. Whenever an improper motion is made, instead of simply ruling
it out of order, it is well for the chairman to suggest how the
desired object can be accomplished. [See “Hints to Inexperienced
Chairman” below.]
The by-laws sometimes state that the president shall appoint all
committees. In such case the assembly may authorize committees,
but cannot appoint or nominate them. The president, however, cannot
appoint any committees except those authorized by the by-laws or by
a vote of the assembly. Sometimes the by-laws make the president
ex-officio a member of every committee. Where this is done he has the
rights of other members of the committees but not the obligation to
attend every committee meeting. [See =51=.]
A chairman will often find himself perplexed with the difficulties
attending his position, and in such cases he will do well to remember
that parliamentary law was made for deliberative assemblies, and
not the assemblies for parliamentary law. This is well expressed by
a distinguished English writer on parliamentary law, thus: “_The
great purpose of all rules and forms is to subserve the will of
the assembly rather than to restrain it; to facilitate, and not to
obstruct, the expression of their deliberative sense._”
_Additional Duties of the President of a Society, and the Vice
Presidents._ In addition to his duties as presiding officer, in many
societies the president has duties as an administrative or executive
officer. Where this is desired, the by-laws should clearly set forth
these duties, as they are outside of his duties as presiding officer
of the assembly, and do not come within the scope of parliamentary
law.
The same is true of vice presidents. Sometimes they have charge
of different departments of work, and they should be chosen with
those duties in view as prescribed by the by-laws. It must not be
forgotten that in the case of the absence of the president the
first vice president must preside, and in case of the illness or
resignation or death of the president that the first vice president
becomes president for the unexpired term, unless the rules specify
how vacancies shall be filled. In such case the second vice president
becomes the first, and so on. It is a mistake to elect a vice
president who is not competent to perform the duties of president.
=Hints to Inexperienced Chairmen.= While in the chair, have beside
you your Constitution, By-laws, and Rules of Order, which should
be studied until you are perfectly familiar with them. You cannot
tell the moment you may need this knowledge. If a member asks what
motion to make in order to attain a certain object, you should be
able to tell him at once. [=10=]. You should memorize the list of
ordinary motions arranged in their order of precedence [page 7, and
should be able to refer to the Table of Rules [page 8] so quickly
that there will be no delay in deciding all points contained in it.
Become familiar with the first ten sections of these Rules; they are
simple, and will enable you more quickly to master parliamentary law.
Read carefully sections =69-71=, so as to become accustomed to the
ordinary methods of conducting business in deliberative assemblies.
Notice that there are different ways of doing the same thing, all of
which are allowable.
You should know all the business to come regularly before the
meeting, and call for it in its regular order. Have with you a
list of members of all committees, to guide you in nominating new
committees.
When a motion is made, do not recognize any member or allow any
one to speak until the motion is seconded and you have stated the
question; or, in case of there being no second and no response to
your call for a second, until you have announced that fact; except
in case of a main motion before it is seconded or stated some one
rises and says he rises to move a reconsideration, or to call up the
motion to reconsider, or to move to take a question from the table.
In any of these cases you should recognize the interrupting member as
entitled to the floor [=3=]. If you have made a mistake and assigned
the floor to the wrong person, or recognized a motion that was not in
order, correct the error as soon as your attention is called to it.
So, when a vote is taken, announce the result and also what question,
if any, is then pending, before recognizing any member that addresses
the chair. Never wait for mere routine motions to be seconded, when
you know no one objects to them. [See =8=.]
If a member ignorantly makes an improper motion, do not rule it out
of order, but courteously suggest the proper one. If it is moved
“to lay the question on the table until 3 P.M.,” as the motion is
improper, ask if the intention is “to postpone the question to 3
P.M.;” if the answer is yes, then state that the question is on the
postponement to that time. If it is moved simply “to postpone the
question,” without stating the time, do not rule it out of order, but
ask the mover if he wishes “to postpone the question indefinitely”
(which kills it), or “to lay it on the table” (which enables it to be
taken up at any other time); then state the question in accordance
with the motion he intended to make. So, if after a report has been
presented and read, a member moves that “it be received,” ask him
if he means to move “its adoption” (or “acceptance,” which is the
same thing), as the report has been already received. No vote should
be taken on receiving a report, which merely brings it before the
assembly, and allows it to be read, unless some one objects to its
reception.
The chairman of a committee usually has the most to say in reference
to questions before the committee; but the chairman of an ordinary
deliberative assembly, especially a large one, should, of all the
members, have the least to say upon the merits of pending questions.
Never interrupt members while speaking, simply because you know more
about the matter than they do; never get excited; never be unjust
to the most troublesome member, or take advantage of his ignorance
of parliamentary law, even though a temporary good is accomplished
thereby.
Know all about parliamentary law, but do not try to show off your
knowledge. Never be technical, or more strict than is absolutely
necessary for the good of the meeting. Use your judgment; the
assembly may be of such a nature through its ignorance of
parliamentary usages and peaceable disposition, that a strict
enforcement of the rules, instead of assisting, would greatly hinder
business; but in large assemblies, where there is much work to be
done, and especially where there is liability to trouble, the only
safe course is to require a strict observance of the rules.
=59. Secretary, or Clerk.= The recording officer is variously called
Clerk, or Secretary, or Recording Secretary (where there is also a
Corresponding Secretary), or Recorder, or Scribe, etc. The secretary
is the recording officer of the assembly and the custodian of its
records except such as are specifically assigned to others, as the
treasurer’s books. These records are open, however, to inspection
by any member at reasonable times, and where a committee needs any
records of a society for the proper performance of its duties, they
should be turned over to its chairman. The same principle applies in
boards and committees, their records being accessible to members of
the board or committee, as the case may be, but to no others.
In addition to keeping the records of the society and the minutes of
the meetings, it is the duty of the secretary to keep a register, or
roll, of the members and to call the roll when required; to notify
officers, committees, and delegates of their appointment, and to
furnish committees with all papers referred to them, and delegates
with credentials; and to sign with the president all orders on the
treasurer authorized by the society, unless otherwise specified in
the by-laws. He should also keep one book in which the constitution,
by-laws, rules of order, and standing rules should all be written,
leaving every other page blank; and whenever an amendment is made to
any of them, in addition to being recorded in the minutes it should
be immediately entered on the page opposite to the article amended,
with a reference, in red ink, to the date and page of the minutes
where it is recorded.
In addition to the above duties, when there is only one secretary, it
is his duty to send out proper notices of all called meetings, and
of other meetings when necessary, and to conduct the correspondence
of the society, except as otherwise provided. Where there is a
_Corresponding Secretary_ these duties devolve on him, as well as
such others as are prescribed by the by-laws. The by-laws should
always clearly define the additional duties of the corresponding
secretary if any are to be imposed on him. When the word “secretary”
is used it always refers to the recording secretary if there is more
than one.
The secretary should, previous to each meeting, for the use of the
chairman, make out an order of business [=65=], showing in their
exact order what is necessarily to come before the assembly. He
should also have, at each meeting, a list of all standing committees,
and such special committees as are in existence at the time, as well
as the by-laws of the organization and its minutes. His desk should
be near that of the chairman, and in the absence of the chairman (if
there is no vice president present), when the hour for opening the
session arrives, it is his duty to call the meeting to order, and to
preside until the election of a chairman _pro tem._, which should
take place immediately. He should keep a record of the proceedings,
stating what was done and not what was said, unless it is to be
published, and never making criticisms, favorable or otherwise, on
anything said or done. This record, usually called the minutes, is
kept as explained in the next section. When a committee is appointed,
the secretary should hand the names of the committee, and all papers
referred to it, to the chairman of the committee, or some other of
its members. He should indorse on the reports of committees the date
of their reception, and what further action was taken upon them,
and preserve them among the records, for which he is responsible.
It is not necessary to vote that a report be “placed on file,” as
that should be done without a vote, except in organizations that
habitually keep no records except their minutes and papers ordered on
file.
=60. The Minutes.= The record of the proceedings of a deliberative
assembly is usually called the Minutes, or the Record, or the
Journal. The essentials of the record are as follows: (_a_) the
kind of meeting, “regular” (or stated) or “special,” or “adjourned
regular” or “adjourned special”; (_b_) name of the assembly; (_c_)
date of meeting and place, when it is not always the same; (_d_)
the fact of the presence of the regular chairman and secretary, or
in their absence the names of their substitutes; (_e_) whether the
minutes of the previous meeting were approved, or their reading
dispensed with, the dates of the meetings being given when it is
customary to occasionally transact business at other than the regular
business meetings; (_f_) all the main motions (except such as were
withdrawn) and points of order and appeals, whether sustained or
lost, and all other motions that were not lost or withdrawn; (_g_)
and usually the hours of meeting and adjournment, when the meeting is
solely for business. Generally the name is recorded of the member
who introduced a main motion, but not of the seconder.
In some societies the minutes are signed by the president in addition
to the secretary, and when published they should always be signed by
both officers. If minutes are not habitually approved at the next
meeting, then there should be written at the end of the minutes the
word “Approved” and the date of the approval, which should be signed
by the secretary. They should be entered in good black ink in a
well-bound record-book.{44}
{44} In many organizations it is preferable for the secretary to
keep his original pencil notes in a pocket memorandum book which he
carries to every meeting, and these original notes, as corrected,
are approved and then copied into the permanent records. This plan
usually results in neater records, but the original notes should be
kept until they are carefully compared with the permanent records. In
such case it is better to have the minutes signed by both president
and secretary as a guarantee against errors in copying.
The _Form_ of the _Minutes_ may be as follows:
At a regular meeting of the M. L. Society, held in their hall, on
Thursday evening, March 19, 1914, the president in the chair, and
Mr. N acting as secretary, the minutes of the previous meeting
were read and approved. The Committee on Applications reported
the names of Messrs. C and D as applicants for membership, and on
motion of Mr. F they were admitted as members. The committee
on ...... reported through Mr. G a series of resolutions, which were
thoroughly discussed and amended, and finally adopted, as follows:
_Resolved_, That......
On motion of Mr. L the society adjourned at 10 P.M.
R...... N......
_Secretary._
In keeping the minutes, much depends upon the kind of meeting, and
whether the minutes are to be published. In the meetings of ordinary
societies and of boards of managers and trustees, there is no object
in reporting the debates; the duty of the secretary, in such cases,
is mainly to record what is “done” by the assembly, and not what is
said by the members. He should enter the essentials of a record, as
previously stated, and when a count has been ordered or where the
vote is by ballot, he should enter the number of votes on each side;
and when the voting is by yeas and nays he should enter a list of the
names of those voting on each side. The proceedings of the committee
of the whole, or while acting as if in committee of the whole, should
not be entered in the minutes, but the report of the committee should
be entered. When a question is considered informally, the proceedings
should be kept as usual, as the only informality is in the debate. If
a report containing resolutions has been agreed to, the resolutions
should be entered in full as finally adopted by the assembly,
thus: “The committee on ...... submitted a report with a series of
resolutions which, after discussion and amendment, were adopted as
follows:” then should be entered the resolutions as adopted. Where
the proceedings are published, the method shown further on should be
followed. If the report is of great importance the assembly should
order it “to be entered on the minutes,” in which case the secretary
copies it in full upon the record.
Where the regular meetings are held weekly, monthly, or quarterly,
the minutes are read at the opening of each day’s meeting, and, after
correction, should be approved. Where the meetings are held several
days in succession with recesses during the day, the minutes are
read at the opening of business each day. If the next meeting of the
organization will not be held for a long period, as six months or a
year, the minutes that have not been read previously should be read
and approved before final adjournment. If this is impracticable, then
the executive committee, or a special committee, should be authorized
to correct and approve them. In this case the record should be signed
as usual, and after the signatures the word “Approved,” with the
date and the signature of the chairman of the committee authorized
to approve them. At the next meeting, six months later, they need
not be read, unless it is desired for information, as it is too late
to correct them intelligently. When the reading of the minutes is
dispensed with they can afterwards be taken up at any time when
nothing is pending. If not taken up previously, they come before the
assembly at the next meeting before the reading of the later minutes.
With this exception the motion to dispense with reading the minutes
is practically identical with the motion to lay the minutes on the
table, being undebatable and requiring only a majority vote. The
minutes of a secret meeting, as for the trial of a member, should
not be read at a meeting that is open to the public, if the record
contains any of the details of the trial that should not be made
public.
_Minutes to be Published._ When the minutes are to be published,
in addition to the strict record of what is done, as heretofore
described, they should contain a list of the speakers on each side
of every question, with an abstract of all addresses, if not the
addresses in full, when written copies are furnished. In this case
the secretary should have an assistant. With some annual conventions
it is desired to publish the proceedings in full. In such cases it
is necessary to employ a stenographer as assistant to the secretary.
Reports of committees should be printed exactly as submitted, the
minutes showing what action was taken by the assembly in regard to
them; or, they may be printed with all additions in italics and parts
struck out enclosed in brackets, in which case a note to that effect
should precede the report or resolutions. In this way the reader can
see exactly what the committee reported and also exactly what the
assembly adopted or endorsed.
=61. The Executive Secretary= is usually a salaried officer paid
to give up all his time to the work as executive officer, or
general manager, of an organization under a board of managers and
an executive committee [=50=]. In some organizations this officer
is called Corresponding Secretary, but the title of corresponding
secretary does not carry with it any duty except that of conducting
the correspondence of the society as explained on page 246, unless it
is prescribed by the by-laws. The office of the executive secretary
is usually the only office of the organization, and there the
Executive Committee meets and transacts its business. The board of
managers in such cases is usually large and so scattered as never to
have regular meetings oftener than quarterly. When the organization
is a national one it usually meets just before the annual convention,
when it hears the annual report, prepared by the executive secretary
and previously adopted by the executive committee, and acts upon it.
The new board meets immediately after the convention, and organizes,
elects an executive committee and an executive secretary, when so
authorized by the by-laws, and decides upon the general policy for
the year, leaving the details to the executive committee and the
executive secretary. The board rarely meets oftener than once or
twice in addition to the meetings in connection with the annual
meeting, special meetings, however, being called, when required,
as provided by its by-laws. In some organizations the executive
secretary is elected by the convention. He is usually ex-officio
secretary of the executive committee. The members of the executive
committee giving their time gratuitously, it is the duty of the
executive secretary to prepare for the committee all business that
has not been assigned to others, and to see that all its instructions
are carried out. He is expected to recommend plans of work and
conduct the business generally, under the executive committee,
and prepare the annual report, which, after being adopted by the
executive committee, should be adopted by the board, whose report it
is, and then be submitted to the convention.
=62. Treasurer.= The duties of this officer vary in different
societies. In probably the majority of cases he acts as a banker,
merely holding the funds deposited with him and paying them out on
the order of the society signed by the president and the secretary.
He is always required to make an annual report, and in many societies
he also makes a quarterly report which may be in the form given
below. If the society has auditors the report should be handed to
them, with the vouchers, in time to be audited before the meeting.
The auditors having certified to its correctness, submit their
report, and the chair puts the question on adopting it, which has the
effect of approving the treasurer’s report, and relieving him from
responsibility in case of loss of vouchers, except in case of fraud.
If there are no auditors the report when made should be referred to
an auditing committee, who should report on it later.
It should always be remembered that the financial report is made
for the information of members. The details of dates and separate
payments for the same object are a hindrance to its being understood,
and are useless, as it is the duty of the auditing committee to
examine into details and see if the report is correct. The best form
for these financial reports depends upon the kind of society, and is
best determined by examining those made in similar societies. The
following brief report is in a form adapted to many societies where
the financial work is a very subordinate part of their work:
REPORT OF THE TREASURER OF THE M. L. SOCIETY
FOR THE QUARTER ENDING MARCH 31, 1914.
_Receipts._
Balance on hand January 1, 1914 $ 25.75
Initiation fees $ 50.00
Members’ dues 150.00
Fines 10.50 210.50
------- -------
Total $236.25
=======
_Disbursements._
Rent of Hall $80.00
Electric lights 22.00
Stationery and Printing 15.00
Repair of Furniture 10.00
Janitor 60.00 $187.00
-------
Balance on hand March 31, 1914. 49.25
-------
Total $236.25
S.... M....,
Treasurer
Examined and found correct.
R.... V.... }
J.... L.... } Auditing Committee.
Art. XI. Miscellaneous.
PAGE
=63.= Session =253=
=64.= Quorum =257=
=65.= Order of Business =261=
=66.= Nominations and Elections =263=
=67.= Constitutions, By-laws, Rules of Order, and Standing Rules =264=
=68.= Amendments of Constitutions, By-laws, and Rules of Order =269=
=63. A Session= of an assembly is a meeting which, though it may last
for days, is virtually _one meeting_, as a session of a convention;
or even months, as a session of Congress; it terminates by an
“adjournment sine die (without day).” The intermediate adjournments
from day to day, or the recesses taken during the day, do not destroy
the continuity of the meetings, which in reality constitute one
session. Any meeting which is not an adjournment of another meeting
commences a new session. In the case of a permanent society, whose
by-laws provide for regular meetings every week, month, or year, for
example, each meeting constitutes a separate session of the society,
which session, however, can be prolonged by adjourning to another day.
In this Manual the term _Meeting_ is used to denote an assembling of
the members of a deliberative assembly for any length of time, during
which there is no separation of the members except for a recess of
a few minutes, as the morning meetings, the afternoon meetings, and
the evening meetings, of a convention whose session lasts for days.
A “meeting” of an assembly is terminated by a temporary adjournment
or a recess for a meal, etc.; a “session” of an assembly ends with
an adjournment without day, and may consist of many meetings. So an
adjournment to meet again at some other time, even the same day,
unless it was for only a few minutes, terminates the meeting, but not
the session, which latter includes all the adjourned meetings. The
next meeting, in this case, would be an “adjourned meeting” of the
same session.
In ordinary practice a meeting is closed by moving simply “to
adjourn;” the society meets again at the time provided either by the
rules or by a resolution of the society. If it does not meet till the
time for the next regular meeting as provided in the by-laws, then
the adjournment closes the session, and was in effect an adjournment
without day. If, however, it had previously fixed the time for the
next meeting, either by a direct vote or by adopting a program of
exercise covering several meetings, or even days, in either case the
adjournment is in effect to a certain time, and while closing the
meeting does not close the session.
In such common expressions as quarterly meeting and annual meeting
the word meeting is used in the sense of the parliamentary _session_,
and covers all the adjourned meetings. Thus, business that legally
must be done at the annual meeting may be done at any time during
the session beginning at the time specified for the annual meeting,
though the session, by repeated adjournments, may last for days. The
business may be postponed to the next regular meeting, if desired.
Under Renewal of Motions [=38=] is explained what motions can be
repeated during the same session, and also the circumstances under
which certain motions cannot be renewed until after the close of the
next succeeding session.
A rule or resolution of a permanent nature may be adopted by a
majority vote at any session of a society, and it will continue
in force until it is rescinded. But such a standing rule does not
materially interfere with the rights of a future session, as by a
majority vote it may be suspended so far as it affects that session;
and, it may be rescinded by a majority vote, if notice of the
proposed action was given at a previous meeting, or in the notice
of the meeting; or, without any notice, it may be rescinded by a
majority of the entire membership, or by a two-thirds vote. If it
is desired to give greater stability to a rule it is necessary to
place it in the constitution, by-laws, or rules of order, all of
which are so guarded by requiring notice of amendments, and at least
a two-thirds vote for their adoption, that they are not subject to
sudden changes, and may be considered as expressing the deliberate
views of the whole society, rather than the opinions or wishes of any
particular meeting.
In case of the illness of the presiding officer the assembly cannot
elect a chairman _pro tem._ to hold office beyond the session, unless
notice of the election was given at the previous meeting or in the
call for this meeting. So it is improper for an assembly to postpone
anything to a day beyond the next succeeding session, and thus
attempt to prevent the next session from considering the question. On
the other hand, it is not permitted to move the reconsideration of
a vote taken at a previous session, though the motion to reconsider
can be called up, provided it was made during the previous session in
a society having meetings as often as quarterly. Committees can be
appointed to report at a future session.
NOTE ON SESSION.—In Congress, and in fact all legislative bodies,
the limits of the sessions are clearly defined; but in ordinary
societies having a permanent existence, with regular meetings more
or less frequent, there appears to be some confusion upon the
subject. Any society is competent to decide what shall constitute
one of its sessions, but, where there is no rule on the subject,
the common parliamentary law would make each of its regular or
special meetings a separate session, as they are regarded in this
Manual.
The disadvantages of a rule making a session include all the
meetings of an ordinary society, held during a long time, as one
year, are very great. If an objection to the consideration of a
question has been sustained, or if a question has been adopted,
or rejected, or postponed indefinitely, the question cannot again
be brought before the assembly for its consideration during the
same session. If a session lasted for a long period, a temporary
majority could forestall the permanent majority, and introduce and
act on a number of questions favored by the majority, and thus
prevent the society from dealing with those subjects for the long
period of the session. If members of any society take advantage of
the freedom allowed by considering each regular meeting a separate
session, and repeatedly renew obnoxious or unprofitable motions,
the society can adopt a rule prohibiting the second introduction of
any main question within, say, three months after its rejection,
or indefinite postponement, or after the society has refused to
consider it. But generally it is better to suppress the motion by
refusing to consider it [=23=].
=64. A Quorum= of an assembly is such a number as must be present in
order that business can be legally transacted. The quorum refers to
the number present, not to the number voting. The quorum of a mass
meeting is the number present at the time, as they constitute the
membership at that time. The quorum of a body of delegates, unless
the by-laws provide for a smaller quorum, is a majority of the number
enrolled as attending the convention, not those appointed. The quorum
of any other deliberative assembly with an enrolled membership
(unless the by-laws provide for a smaller quorum) is a majority
of all the members. In the case, however, of a society, like many
religious ones, where there are no annual dues, and where membership
is for life (unless it is transferred or the names are struck from
the roll by a vote of the society) the register of members is not
reliable as a list of the bona fide members of the society, and in
many such societies it would be impossible to have present at a
business meeting a majority of those enrolled as members. Where such
societies have no by-law establishing a quorum, the quorum consists
of those who attend the meeting, provided it is either a stated
meeting or one that has been properly called.
In all ordinary societies the by-laws should provide for a quorum
as large as can be depended upon for being present at all meetings
when the weather is not exceptionally bad. In such an assembly the
chairman should not take the chair until a quorum is present, or
there is no prospect of there being a quorum. The only business that
can be transacted in the absence of a quorum is to take measures to
obtain a quorum, to fix the time to which to adjourn, and to adjourn,
or to take a recess. Unanimous consent cannot be given when a quorum
is not present, and a notice given then is not valid. In the case
of an annual meeting, where certain business for the year, as the
election of officers, must be attended to during the session, the
meeting should fix a time for an adjourned meeting and then adjourn.
In an assembly that has the power to compel the attendance of its
members, if a quorum is not present at the appointed hour, the
chairman should wait a few minutes before taking the chair. In the
absence of a quorum such an assembly may order a call of the house
[=41=] and thus compel attendance of absentees, or it may adjourn,
providing for an adjourned meeting if it pleases.
In committee of the whole the quorum is the same as in the assembly;
if it finds itself without a quorum it can do nothing but rise and
report to the assembly, which then adjourns. In any other committee
the majority is a quorum, unless the assembly order otherwise, and
it must wait for a quorum before proceeding to business. Boards of
trustees, managers, directors, etc., are on the same footing as
committees as regards a quorum. Their power is delegated to them as
a body, and their quorum, or what number shall be present, in order
that they may act as a board or committee, cannot be determined by
them, unless so provided in the by-laws.
While no question can be decided in the absence of a quorum excepting
those mentioned above, a member cannot be interrupted while speaking
in order to make the point of no quorum. The debate may continue in
the absence of a quorum until some one raises the point while no one
is speaking.
While a quorum is competent to transact any business, it is usually
not expedient to transact important business unless there is a fair
attendance at the meeting, or else previous notice of such action has
been given.
Care should be taken in amending the rule providing for a quorum.
If the rule is struck out first, then the quorum instantly becomes
a majority of all the members, so that in many societies it would
be nearly impracticable to secure a quorum to adopt a new rule. The
proper way is to amend by striking out certain words (or the whole
rule) and inserting certain other words (or the new rule), which is
made and voted on as one question.
NOTE ON QUORUM.—After all the members of an organization have
had reasonable notice of a meeting, and ample opportunity
for discussion, if a majority of the total membership of the
organization come to a certain decision, that must be accepted as
the action or opinion of that body. But, with the exception of a
body of delegates, it is seldom that a vote as great as a majority
of the total membership of a large voluntary organization can be
obtained for anything, and consequently there has been established
a common parliamentary law principle, that if a bare majority of
the membership is present at a meeting properly called or provided
for, a majority vote (which means a majority of those who vote)
shall be sufficient to make the act the act of the body, unless it
suspends a rule or a right of a member (as the right to introduce
questions and the right of free discussion before being required
to vote on finally disposing of a question) and that a two-thirds
vote shall have the power to suspend these rules and rights. This
gives the right to act for the society to about one-fourth of its
members in ordinary cases, and to about one-third of its members
in case of suspending the rules and certain rights. But it has
been found impracticable to accomplish the work of most voluntary
societies if no business can be transacted unless a majority of
the members is present. In large organizations, meeting weekly or
monthly for one or two hours, it is the exception when a majority
of the members is present at a meeting, and therefore it has been
found necessary to require the presence of only a small percentage
of the members to enable the assembly to act for the organization,
or, in other words, to establish a small quorum. In legislative
bodies in this country, which are composed of members paid for
their services, it is determined by the constitutions to be a
majority of their members. Congress in 1861 decided this to be a
majority of the members chosen. In the English House of Commons it
is 40 out of nearly 700, being about 6% of the members, while in
the House of Lords the quorum is 3, or about one-half of 1% of the
members. Where the quorum is so small it has been found necessary
to require notice of all bills, amendments, etc., to be given in
advance; and even in Congress, with its large quorum, one day’s
notice has to be given of any motion to rescind or change any rule
or standing order. This principle is a sound one, particularly
with societies meeting monthly or weekly for one or two hours, and
with small quorums, where frequently the assembly is no adequate
representation of the society. The difficulty in such cases may
be met in societies adopting this Manual by the proper use of the
motion to reconsider and have entered on the minutes as explained
on page 165.
=65. Order of Business.= It is customary for every society having a
permanent existence to adopt an order of business for its meetings.
When no rule has been adopted, the following is the order:
(1) Reading the Minutes of the previous meeting [and their
approval].
(2) Reports of Boards and Standing Committees.
(3) Reports of Special (Select) Committees.
(4) Special Orders.
(5) Unfinished Business and General Orders.
(6) New Business.
The minutes are read only once a day at the beginning of the day’s
business. The second item includes the reports of all Boards of
Managers, Trustees, etc., as well as reports of such officers as are
required to make them. The fifth item includes, first, the business
pending and undisposed of at the previous adjournment; and then the
general orders that were on the calendar for the previous meeting and
were not disposed of; and finally, matters postponed to this meeting
that have not been disposed of.
The secretary should always have at every meeting a memorandum of
the order of business for the use of the presiding officer, showing
everything that is to come before the meeting. The chairman, as soon
as one thing is disposed of, should announce the next business in
order. When reports are in order he should call for the different
reports in their order, and when unfinished business is in order he
should announce the different questions in their proper order, as
stated above, and thus always keep the control of the business.
If it is desired to transact business out of its order, it is
necessary to suspend the rules [=22=], which can be done by a
two-thirds vote. But, as each resolution or report comes up, a
majority can at once lay it on the table, and thus reach any question
which it desires first to dispose of. It is improper to lay on the
table or to postpone a class of questions like reports of committees,
or in fact anything but the question before the assembly.
=66. Nominations and Elections.= Before proceeding to an election to
fill an office it is customary to nominate one or more candidates.
This nomination is not necessary when the election is by ballot or
roll call, as each member may vote for any eligible person whether
nominated or not. When the vote is viva voce or by rising, the
nomination is like a motion to fill a blank, the different names
being repeated by the chair as they are made, and then the vote is
taken on each in the order in which they were nominated, until one is
elected. The nomination need not be seconded. Sometimes a nominating
ballot is taken in order to ascertain the preferences of the members.
But in the election of the officers of a society it is more usual to
have the nominations made by a committee. When the committee makes
its report, which consists of a ticket, the chair asks if there
are any other nominations, when they may be made from the floor.
The committee’s nominations are treated just as if made by members
from the floor, no vote being taken on accepting them. When the
nominations are completed the assembly proceeds to the election, the
voting being by any of the methods mentioned under Voting, [=46=],
unless the by-laws prescribe a method. The usual method in permanent
societies is by ballot, the balloting being continued until the
offices are all filled. An election takes effect immediately if the
candidate is present and does not decline, or if he is absent and has
consented to his candidacy. If he is absent and has not consented to
his candidacy, it takes effect when he is notified of his election,
provided he does not decline immediately. After the election has
taken effect and the officer or member has learned the fact, it is
too late to reconsider the vote on the election. An officer-elect
takes possession of his office immediately, unless the rules specify
the time. In most societies it is necessary that this time be clearly
designated.
=67. Constitutions, By-laws, Rules of Order, and Standing Rules.=
The rules of a society, in a majority of cases, may be conveniently
divided into these four classes, though in some societies all the
rules are found under one of these heads, being called either the
constitution, or the by-laws, or the standing rules.
Such provisions in regard to the constitution, etc., as are of a
temporary nature should not be placed in the constitution, etc., but
should be included in the motion to adopt, thus: “I move the adoption
of the constitution reported by the committee and that the four
directors receiving the most votes shall serve for three years, the
four receiving the next largest numbers shall serve for two years,
and the next four for one year, and that where there is a tie the
classification shall be by lot;” or, “I move the adoption, etc. ...
and that Article III, shall not go into effect until after the close
of this annual meeting.” Or, if the motion to adopt has been made, it
may be amended so as to accomplish the desired object.
_Constitutions._ An incorporated society frequently has no
constitution, the charter taking its place, and many others prefer to
combine under one head the rules that are more commonly placed under
the separate heads of constitution and by-laws. There is no objection
to this unless the by-laws are elaborate, when it is better to
separate the most important rules and place them in the constitution.
The constitution should contain only the following:
(1) Name and object of the society.
(2) Qualification of members.
(3) Officers and their election.
(4) Meetings of the society (including only what is essential,
leaving details to the by-laws).
(5) How to amend the constitution.
These can be arranged in five articles, or, the first one may be
divided into two, in which case there would be six articles. Usually
some of the articles should be divided into sections. Nothing should
be placed in the constitution that may be suspended, except in the
case of requiring elections of officers to be by ballot, in which
case the requirement may be qualified so as to allow the ballot to
be dispensed with by a unanimous vote when there is but one candidate
for the office. The officers and board of managers or directors of
an organization that meets only annually in convention, and the
chairmen of such committees as it has authorized and has required to
report to the convention, should be, if present at the convention,
ex-officio members thereof, and provision for this should be made in
the constitution. The constitution should require previous notice
of an amendment and also a two-thirds or three-fourths vote for
its adoption. Where the meetings are frequent, an amendment should
not be allowed to be made except at a quarterly or annual meeting,
after having been proposed at the previous quarterly meeting. [See
Amendments to Constitutions, etc., =68=.]
_By-laws_ should include all the rules that are of such importance
that they cannot be changed in any way without previous notice,
except those placed in the constitution and the rules of order. Few
societies adopt any special rules of order of their own under that
name, contenting themselves with putting a few such rules in their
by-laws and then adopting some standard work on parliamentary law as
their authority. When a society is incorporated the charter may take
the place of the constitution, and in such a case the by-laws would
contain all the rules of the society, except those in the charter
that cannot be changed without previous notice. The by-laws should
always provide for their amendment as shown in =68=, and also for
a quorum, =64=. If it is desired to permit the suspension of any
by-law it should be specifically provided for. By-laws, except those
relating to business procedure, cannot be suspended, unless they
expressly provide for their suspension. By-laws in the nature of
rules of order may be suspended by a two-thirds vote, as stated in
=22=.
The duties of the presiding and recording officers of a deliberative
assembly are defined in =58= and =59=. But in many societies other
duties are required of the president and the secretary, and these,
together with the duties of the other officers, if any, should be
defined in the by-laws. If a society wishes to provide for honorary
officers or members, it is well to do so in the by-laws. Unless the
by-laws state the contrary, these positions are simply complimentary,
carrying with them the right to attend the meetings and to speak,
but not to make motions or to vote. Honorary presidents and vice
presidents should sit on the platform, but they do not, by virtue of
their honorary office, preside. An honorary office is not strictly
an office, and in no way conflicts with a member’s holding a real
office, or being assigned any duty whatever, the same as if he did
not hold the honorary office. Like a college honorary degree, it
is perpetual, unless rescinded. So it is proper, where desired, to
include in the published list of honorary officers the names of all
upon whom the honor has been conferred, even though deceased.
_Rules of Order_ should contain only the rules relating to the
orderly transaction of business in the meetings and to the duties
of the officers. There is no reason why most of these rules should
not be the same for all ordinary societies, and there is a great
advantage in uniformity of procedure, so far as possible, in all
societies all over the country. Societies should, therefore, adopt
some generally accepted rules of order, or parliamentary manual, as
their authority, and then adopt only such special rules of order
as are needed to supplement their parliamentary authority. Every
society, in its by-laws or rules of order, should adopt a rule like
this: “The rules contained in [specifying the work on parliamentary
practice] shall govern the society in all cases to which they are
applicable, and in which they are not inconsistent with the by-laws
or the special rules of order of this society.” Without such a rule,
any one so disposed can cause great trouble in a meeting.
_Standing Rules_ should contain only such rules as may be adopted
without previous notice by a majority vote at any business meeting.
The vote on their adoption, or their amendment, before or after
adoption, may be reconsidered. At any meeting they may be suspended
by a majority vote, or they may be amended or rescinded by a
two-thirds vote. If notice of the proposed action was given at
a previous meeting or in the call for this meeting, they may be
amended or rescinded by a majority vote. As a majority may suspend
any of them for that meeting, these rules do not interfere with the
freedom of any meeting and therefore require no notice in order to
adopt them. Generally they are not adopted at the organization of
a society, but from time to time as they are needed. Sometimes the
by-laws of a society are called standing rules, but it is better to
follow the usual classification of rules as given in this section.
The following is an example of a standing rule:
_Resolved_, That the meetings of this society from April 1 to
September 30 shall begin at 7:30 P.M., and during the rest of the
year at 8 P.M.
No standing rule, or resolution, or motion is in order that conflicts
with the constitution, or by-laws, or rules of order, or standing
rules.
=68. Amendments of Constitutions, By-laws, and Rules of Order.=
Constitutions, by-laws, and rules of order, that have been adopted
and contain no rule for their amendment, may be amended at any
regular business meeting by a vote of the majority of the entire
membership; or, if the amendment was submitted in writing at the
previous regular business meeting, then they may be amended by a
two-thirds vote of those voting, a quorum being present. But each
society should adopt rules for the amendment of its constitution,
by-laws, and rules of order, adapted to its own case, but always
requiring previous notice and a two-thirds vote. Where assemblies
meet regularly only once a year, the constitution, etc., should
provide for copies of the amendment to be sent with the notices to
the members or the constituency, instead of requiring amendments
to be submitted at the previous annual meeting. The requirements
should vary to suit the needs of each assembly, always providing for
ample notice to the members or the constituency. In societies having
very frequent meetings, and also monthly or quarterly meetings more
especially devoted to business, it is well to allow amendments to
the by-laws, etc., to be adopted only at the quarterly or annual
meetings. In specifying when the amendment must be submitted, “_the_
previous regular meeting” should be used instead of “_a_ previous
regular meeting,” as in the latter case action on the amendment
might be delayed indefinitely to suit the mover, and the object of
giving notice be defeated. In prescribing the vote necessary for the
adoption of an amendment, the expression “a vote of two-thirds of
the members” should never be used in ordinary societies, especially
in large organizations with quorums smaller than a majority of the
membership, as in such societies it is seldom that two-thirds of
the members—that is, two-thirds of the entire membership—is ever
present at a meeting. If it is desired to require a larger vote
than two-thirds (that is, two-thirds of the votes cast, a quorum
being present), the expression “a vote of two-thirds of the members
present,” should be used. Instead of submitting the amendment in
writing, sometimes only notice, or written notice, of an amendment
is required. Unless the notice is required to be in writing it may
be given orally. In any case, only the purport of the amendment is
necessary, unless the rule requires that the amendment itself shall
be submitted.
If a committee is appointed to revise the by-laws and report at a
certain meeting, this would be all the notice required, and the
amendments could be immediately acted upon, if the by-laws required
only previous notice of an amendment. But if they required the
amendment, or “notice of such amendment,” to be submitted at the
previous regular meeting, the revision could not be taken up until
the next regular meeting after the committee had submitted its
report. The committee may submit a substitute for the by-laws unless
it is limited as to its report, as a substitute is an amendment.
Great care should be exercised in amending constitutions, etc., to
comply with every rule in regard to their amendment.
An amendment to the constitution, or anything else that has already
been adopted, goes into effect immediately upon its adoption, unless
the motion to adopt specifies a time for its going into effect, or
the assembly has previously adopted a motion to that effect. While
the amendment is pending, a motion may be made to amend by adding
a proviso similar to this, “Provided, that this does not go into
effect until after the close of this annual meeting.” Or, while
the amendment is pending, an incidental motion may be adopted that
in case the amendment is adopted it shall not take effect until a
specified time. This requires only a majority vote.
_Amending a proposed amendment to the constitution_, etc., may be
accomplished by a majority vote, without notice, subject to certain
restrictions. The assembly is not limited to adopting or rejecting
the amendment just as it is proposed, but no amendment is in order
that increases the modification of the rule to be amended, as
otherwise advantage could be taken of this by submitting a very
slight change that would not attract attention and then moving the
serious modification as an amendment to the amendment.
Thus, if the by-laws placed the annual dues of members at $2.00, and
an amendment is pending to strike out 2 and insert 5, an amendment
would be in order to change the 5 to any number between 2 and 5;
but an amendment would not be in order that changed the 5 to any
number greater than 5 or less than 2. Had notice been given that
it was proposed to increase the dues to more than 5 dollars, or to
reduce them below 2 dollars, members might have been present to
oppose the change, who did not attend because they were not opposed
to an increase as high as 5 dollars. The same principle applies to
an amendment in the nature of a substitute, the proposed substitute
being open to amendments that diminish the changes, but not to
amendments that increase those that are proposed, or introduce new
changes. Thus, if an amendment is pending, substituting a new rule
for one that prescribes the initiation fee and annual dues, and the
substitute does not change the annual dues, then a motion to amend
it so as to change the annual dues would be out of order. The notice
must be sufficiently definite to give fair warning to all parties
interested as to the exact points that are to be modified. The
proposed amendment is a main motion, and that is the only question
before the assembly. It is subject to amendments of the first and
second degree, like other main motions, and no amendment that is not
germane to it is in order.
A society can amend its constitution and by-laws so as to affect the
emoluments and duties of officers already elected, or even to do
away with the office altogether. If it is desired that the amendment
should not affect officers already elected, a motion to that effect
should be adopted before voting on the amendment; or the motion to
amend could have added to it the proviso that it should not affect
officers already elected. There is something in the nature of a
contract between a society and its officers which either one can
modify to some extent, or even terminate, but it must be done with
reasonable consideration for the other party. A secretary, for
instance, has no right to refuse to perform his duties on the ground
that he has handed in his resignation. On the other hand, the society
cannot compel him to continue in office beyond a reasonable time to
allow for choosing his successor.
Care should be exercised in wording the sections providing for
amending the constitution, etc., to avoid such tautology as “amend,
or add to, or repeal,” or “alter or amend,” or “amend or in any way
change.” The one word “amend” covers any change whatever in the
constitution, etc., whether it is a word or a paragraph that is added
or struck out, or replaced by another word or paragraph, or whether a
new constitution, etc., is substituted for the old one.
PART II.
Organization, Meetings, and Legal Rights of Assemblies.
Art. XII. Organization and Meetings.
=69.= An Occasional or Mass Meeting. PAGE
(_a_) Organization =275=
(_b_) Adoption of Resolutions =277=
(_c_) Committee to Draft Resolutions =280=
(_d_) Semi-Permanent Mass Meeting =283=
=70.= A Permanent Society.
(_a_) First Meeting =284=
(_b_) Second Meeting =286=
(_c_) Regular Meeting =291=
=71.= Meeting of a Convention.
(_a_) An Organized Convention =292=
(_b_) A Convention not yet Organized =296=
=69. An Occasional or Mass Meeting.= (_a_) _Organization._ Before
calling a meeting that is not one of an organized society, the
following _Preliminary Steps_ should be taken: Those who are
responsible for the call should consult together and agree upon
the place and time of the meeting, how the notice shall be given,
who shall call the meeting to order and nominate the chairman, who
shall be nominated for chairman, and who shall explain the object
of the meeting. It is also good policy sometimes to have a set of
resolutions drafted in advance to submit to the meeting.
It is not customary to call mass meetings to order promptly at the
appointed time, but to wait ten or fifteen minutes, when the one
chosen for the purpose steps to the front and says: “The meeting
will please come to order; I move that Mr. A act as [or I nominate
Mr. A for] chairman of this meeting.” Some one else says, “I
second the motion [or nomination].” The first member then puts the
question to vote, by saying, “It has been moved and seconded that
Mr. A act as [or Mr. A has been nominated for] chairman of this
meeting; those in favor of the motion [or nomination] say _aye_;”
and when the affirmative vote is taken, he says, “Those opposed say
_no_.” If the majority vote is in the affirmative, he says, “The
ayes have it, and Mr. A is elected chairman. He will please take
the chair.” If the motion is lost he announces that fact, and calls
for the nomination of some one else for chairman, and proceeds with
the new nomination as in the first case.
The member who calls the meeting to order, instead of making
the motion himself, may act as temporary chairman, and say,
“The meeting will please come to order; will some one nominate
a chairman?” He puts the question to vote on the nomination as
described above, or as below, in case of the secretary. This is
dangerous, however, in large meetings, where an incompetent person
may be nominated and elected chairman. In large assemblies, the
member who nominates, with one other member, frequently conducts
the presiding officer to the chair, and the chairman makes a short
speech, thanking the assembly for the honor conferred on him.
When the chairman takes the chair he says, “The first business
in order is the election of a secretary.” Some one then makes a
motion as just described, or he says, “I nominate Mr. B,” when the
chairman puts the question as below. Sometimes several names are
called out, and the chairman, as he hears them, says, “Mr. B is
nominated; Mr. C is nominated,” etc.; he then takes the vote on the
first one he heard, putting the question in a form similar to this:
“As many as are in favor of Mr. B for secretary say _aye_; those
opposed say _no_. The chair is in doubt: those in favor of Mr. B
for secretary will rise; those opposed will rise. The negative has
it and the motion is lost. As many as are in favor of Mr. C for
secretary say _aye_; those opposed say _no_. The ayes have it, and
Mr. C is elected secretary. He will please take his place at the
desk.” If Mr. C fails of election the vote is taken on the next
nominee, and so on until one is elected. The secretary should take
his seat near the chairman, and keep a record of the proceedings,
as described in =59=. The chairman should always stand in putting
the question to vote, and in large assemblies it is better for
him to stand while stating the question. During debate he should
be seated, and pay attention to the discussion. When nominations
are made it is optional whether they are seconded or not. They are
usually not debated, though sometimes the one making the nomination
and the one seconding it say a few words at the time in favor
of their nominee. A nomination cannot be amended. If additional
officers are desired, they may be elected in the same manner as the
secretary.
(_b_) _Adoption of Resolutions._ These two officers are all that
are usually necessary, so as soon as the secretary is elected, the
chairman directs the secretary to read the call for the meeting and
then calls on the person most familiar with the question to explain
the object of the meeting more fully, or he may do this himself.
This explanation should be immediately followed by some one’s
offering a series of resolutions previously prepared, or by his
moving the appointment of a committee to prepare resolutions upon
the subject. In the first case he rises and says, “Mr. Chairman;”
the chairman responds, “Mr. C.” Mr. C, having thus obtained the
floor, says, “I move the adoption of the following resolutions,”
which he reads and hands to the chairman. Some one else says, “I
second the motion.” The chairman then says, “It has been moved and
seconded to adopt the following resolutions,” which he reads, or
directs the secretary to read, and then says, “The question is on
the adoption of the resolutions.” If no one rises at once, he asks,
“Are you ready for the question?” The resolutions are now open to
debate and amendment. They may be referred to a committee, or may
have any other subsidiary motion applied to them. When the debate
appears to be finished, the chair again asks, “Are you ready for
the question?” If no one then rises, he says, “As many as are in
favor of the adoption of the resolutions say _aye_;” after the ayes
have voted, he says, “As many as are of a contrary opinion [or
are opposed] say _no_;” he then announces the result of the vote
as follows: “The ayes have it [or the motion is carried] and the
resolutions are adopted.” If the debate has lasted any length of
time, he should, before taking the vote, have the resolutions again
read.
It is the practice, in legislative bodies, to send to the clerk’s
desk all resolutions, bills, etc., the title of the bill and the
name of the member introducing it being indorsed on each. In such
bodies, however, there are several clerks and only one chairman.
In most assemblies there is but one clerk or secretary, and as
he has to keep the minutes, there is no reason for his being
constantly interrupted to read every resolution offered. In such
assemblies, unless there is a rule or established custom to the
contrary, it is usually much better to hand all resolutions,
reports, etc., directly to the chairman. If they were read by the
member introducing them, and no one calls for another reading,
the chairman may omit reading them when he thinks they are fully
understood. [For the manner of reading and stating the question
when the resolution contains several paragraphs, see =24=.]
_Dividing Resolutions._ If the committee reports several
independent resolutions relating to different subjects, the
chair must state the question separately on the resolution, or
resolutions, relating to each subject, on the request of a single
member. If the resolutions relate to a single subject and yet each
one is capable of standing alone if all the rest are rejected,
they may be divided by a majority vote on a motion to divide the
question, as explained in =24=. If the resolutions are so connected
that they cannot stand alone, then the proper way to secure a
separate vote on any objectionable resolution is to move to strike
it out. When the chair states the question on striking it out, the
resolution is open to amendments of the second degree, so as to
perfect it, before the vote is taken on striking it out. [See page
140.]
_Amending a Resolution._ If it is desired to amend a pending
resolution, that is, a resolution that the chair has stated as
before the assembly for action, a member rises and obtains the
floor as already described, and offers, or moves, his amendment,
thus: “I move to insert the words ‘with asphalt’ after the word
‘paved.’” If the motion is not at once seconded, the chair asks if
the motion is seconded. In a large assembly he should repeat the
motion before making this inquiry, as members who would be willing
to second the motion may not have heard it. In fact, the chair must
usually assume that some members do not hear what is said from the
floor, and therefore that he must always repeat motions and the
result of votes. The motion being seconded, the chair states the
question thus: “It is moved and seconded to amend the resolution
by inserting the words ‘with asphalt’ after the word ‘paved.’ Are
you ready for the question?” The question is now open to debate
and amendment, which must be confined, however, to the amendment,
as it has superseded the resolution and has become what is termed
the _immediately pending question_. If no one rises to claim the
floor, the chair puts the question thus: “As many as are in favor
of the amendment [or motion] say _aye_; those opposed say _no_. The
ayes have it, and the amendment is adopted. The question is now on
the resolution as amended, which is as follows [repeat the amended
resolution]. Are you ready for the question?” The resolution is
again open to debate and amendment, as it has again become the
immediately pending question. When the chair thinks the debate
ended, he asks, “Are you ready for the question?” If no one rises
to claim the floor, he puts the question on the resolution, thus:
“The question is on adopting the following resolution: ‘_Resolved_,
That ........ Those in favor of the motion [or, of adopting the
resolution] say _aye_; those opposed say _no_. The ayes have it,
and the resolution is adopted.’”
(_c_) _Committee to Draft Resolutions._ If it is preferred to
appoint a committee to draft resolutions, a member, after he has
addressed the chair and has been recognized, says: “I move that a
committee of five be appointed by the chair to draft resolutions
expressive of the sense of this meeting on,” etc., adding the
subject for which the meeting was called. The motion being
seconded, the chairman states the question thus: “It has been moved
and seconded that a committee of five be appointed by the chair
to draft resolutions, etc. [repeat the motion]. Are you ready for
the question?” If no one rises he may put the question thus: “As
many as are in favor of the motion say _aye_; those opposed say
_no_. The ayes have it and the motion is adopted.” Or, it maybe put
thus: “The question is, ‘Shall a committee of five be appointed
by the chair to draft resolutions, etc. [repeating the motion]?’
As many as are of the affirmative will raise their right hands.
As many as are of the negative will signify it in the same way.
The affirmative has it and the motion is adopted. The chair will
appoint Messrs. A, B, C, D, and E as the committee on resolutions.
The committee will withdraw and prepare the resolutions as quickly
as possible. What is the further pleasure of the meeting?”
In a mass meeting, or in any very large assembly, it is safer
to have all committees appointed by the chair. If the assembly,
however, prefers a different method, the procedure is as described
in =32=; or the following method may be adopted: A member moves,
“That a committee be appointed to draft resolutions,” etc. This
motion being adopted, the chair asks: “Of how many shall the
committee consist?” If only one number is suggested, he announces
that the committee will consist of that number; if several numbers
are suggested, he states the different ones, and then takes a vote
on each, beginning with the largest, until one number is selected.
He then inquires: “How shall the committee be appointed?” This is
usually decided without the formality of a vote. The committee
may be “appointed” by the chair, in which case the chairman
names the committee, and no vote is taken; or the committee may
be “nominated” by the chair, or by members of the assembly (no
member naming more than one, except by unanimous consent), and
then the assembly votes on their appointment. When the chairman
nominates, after stating the names, he puts one question on the
entire committee, thus: “As many as are in favor of these gentlemen
constituting the committee say _aye_,” etc. If nominations are
made by members of the assembly, and more names are mentioned than
the number of the committee, a separate vote must be taken on each
name, in the order of nomination, until the committee is filled.
When the committee is appointed, it should at once retire and
agree upon a report, which should be written out as described in
=52=. During its absence other business may be attended to, or
the time may be occupied with hearing addresses. If the chairman
sees the committee return to the room, he should announce, as soon
as the pending business is disposed of, or the member speaking
closes, that the assembly will now hear the report of the committee
on resolutions: or, before this announcement he may ask if the
committee is prepared to report. If the chairman does not notice
the return of the committee, its chairman avails himself of the
first opportunity to obtain the floor, when he says: “The committee
appointed to draft resolutions is prepared to report.” The chairman
tells him that the assembly will now hear the report, which is then
read by the chairman of the committee, who immediately moves its
adoption, and then hands it to the presiding officer, upon which
the committee is dissolved without any action of the assembly. The
chairman then proceeds as stated above when the resolutions were
offered by a member. If it is not desired immediately to adopt the
resolutions, they may be debated, modified, their consideration
postponed, etc., as explained in =10=.
When through with the business for which the assembly was convened,
or when from any other cause it is desired to close the meeting,
some one moves “to adjourn.” If no time has been appointed for
another meeting, this motion may be amended and debated as any
other main motion. If the motion is carried, and no other time for
meeting has been appointed, the chairman, in case the ayes and
noes are nearly equal, says: “The ayes seem to have it, the ayes
have it, the motion is adopted, and we stand adjourned without day
(sine die).” If the vote is overwhelmingly in the affirmative,
the expression, “The ayes seem to have it,” should be omitted.
If a time for an adjourned meeting has been appointed, the chair
declares the assembly “adjourned to 8 o’clock next Wednesday
evening,” or whatever is the appointed time. Before declaring the
adjournment, or even taking a vote on adjourning, the chair should
satisfy himself that all required notices are given.
(_d_) _Semi-Permanent Mass Meetings._ Sometimes it is desirable to
continue the mass meetings until a certain object is accomplished,
and in such case the assembly may prefer to make a temporary
organization at first, and then make their semi-permanent
organization with more deliberation. If so, the assembly would be
organized as just described, only adding “_pro tem._” to the title
of the officers, thus, “chairman _pro tem._” The “_pro tem._” is
never used in addressing the officers. As soon as the secretary
_pro tem._ is elected, a committee is usually appointed to nominate
the semi-permanent officers, as in the case of a convention. A
committee on rules should also be appointed, which should recommend
a few rules providing for the time and place for holding the
meetings, for some authority on parliamentary law, and for the
number and length of speeches allowed, if two speeches not to
exceed ten minutes each is not satisfactory.
Frequently the presiding officer is called the President, and
sometimes there is a large number of Vice Presidents appointed for
merely complimentary purposes. The Vice Presidents in large formal
meetings sit on the platform beside the President, and in his
absence, or when he vacates the chair, the first on the list that
is present should take the chair.
=70. A Permanent Society.= (_a_) _First Meeting._ When it is
desired to form a permanent society, those interested in it should
consult together and carefully lay their plans before calling
a meeting to organize the society. They should also be careful
in calling the meeting to see to it that there is a majority
in sympathy with their plans. By neglect of this, and giving a
newspaper invitation to all interested in the object to attend the
meeting, those who originated the work have found themselves in
the minority and not in sympathy with the constitution which was
adopted, so that they did not care to join the society after it
was organized. Having taken all the preliminary steps, then, as
described in case of a mass meeting [page 275], they invite those
who they have reason to think are in sympathy with their general
plans to meet at a certain time and place to consider the question
of organizing a society for a certain purpose. As one of their
preliminary steps they should procure copies of the constitutions
and by-laws of several similar societies for the use of the
committee in drafting their own.
It is not usual in meetings called to organize a society, or in
mass meetings, to commence until ten or fifteen minutes after the
appointed time, when the person previously selected for the purpose
steps forward and says: “The meeting will please come to order; I
move that Mr. A act as chairman of this meeting.” Some one “seconds
the motion,” when the one who made the motion puts it to vote (or,
as it is called, “puts the question”), as already described under a
“mass meeting” [=69=]; and, as in that case, when the chairman is
elected he takes the chair and announces, as the first business in
order, the election of a secretary.
After the secretary is elected, the chairman calls on the member
who is most interested in forming the society to state the object
of the meeting. When this member rises he says, “Mr. Chairman.”
The chairman then announces his name, when the member proceeds
to state the object of the meeting. Having finished his remarks,
the chairman may call on other members to give their opinions on
the subject, and sometimes a particular speaker is called out by
members who wish to hear him. The chairman should observe the
wishes of the assembly, and, while being careful not to be too
strict, he must not permit any one to occupy too much time and
weary the assembly.
When a sufficient time has been spent in this informal way, some
one should offer a resolution, so that definite action can be
taken. Those interested in arranging for the meeting, if it is to
be a large one, should have previously agreed upon what is to be
done, and be prepared, at the proper time, to offer a suitable
resolution, which may be in form similar to this: “_Resolved_,
That it is the sense of this meeting that a society for (state
the object of the society) should now be formed in this city.”
This resolution, when seconded and stated by the chair, is open to
debate and amendment, and is treated as already described [=69=].
This preliminary motion could have been offered at the commencement
of the meeting, and if the meeting is a very large one this is
generally better than to have the informal discussion.
After this preliminary motion has been voted on, or even without
waiting for such a motion to be made, one like this may be offered:
“I move that a committee of five be appointed by the chair to
draft a constitution and by-laws for a society for (here state
the object), and that it report at an adjourned meeting of this
assembly.” This motion can be amended by striking out and adding
words, etc., and it is debatable.
When this committee is appointed, the chairman may inquire: “Is
there any other business to be attended to?” or, “What is the
further pleasure of the assembly [or club, or convention, etc.]?”
When all business is finished, a motion may be made to adjourn to
meet at a certain place and time, which, when seconded and stated
by the chair, is open to debate and amendment. It is usually better
to fix the time of the next meeting at an earlier stage of the
meeting; and then, when it is desired to close the meeting, move
simply “to adjourn,” which cannot be amended or debated. When
this motion is carried, the chairman says, “This meeting stands
adjourned to meet at,” etc., specifying the time and place of the
next meeting.
(_b_) _Second Meeting._ At the next meeting the officers of the
previous meeting, if present, serve until the permanent officers
are elected. When the hour arrives for the meeting, the chairman,
standing, says, “The meeting will please come to order;” as soon
as the assembly is seated, he says, “The secretary will read the
minutes of the last meeting,” and then takes his seat. If any one
notices an error in the minutes, he should state the fact as soon
as the secretary finishes reading them; if there is no objection,
without waiting for a motion, the chairman directs the secretary
to make the correction. The chairman then says, “There being no
[further] corrections, the minutes stand approved as read [or as
corrected].”
The chair then announces, as the next business in order, the
hearing of the report of the committee on the constitution and
by-laws. The chairman of the committee, after addressing “Mr.
Chairman” and being recognized, says something like this: “The
committee appointed to draft a constitution and by-laws has agreed
upon the following, and has directed me to report the same and
move their adoption.” He then reads them, moves their adoption,
and hands them to the chair. The motion being seconded, the chair
says: “It has been moved and seconded to adopt the constitution and
by-laws reported by the committee. The question is on the adoption
of the constitution, which will now be read.” The constitution is
then read from the platform by the secretary, or by the chairman of
the committee, as the chair directs. This reading may be dispensed
with by general consent, as it has already been read. He then
reads, or has read, the first paragraph, and asks if there are any
amendments proposed to this paragraph. When through with amending
it he says, “There being no [further] amendments to this paragraph,
the next will be read.” No vote should be taken on adopting
the separate paragraphs. He thus proceeds through the entire
constitution, and then says the whole constitution is now open to
amendment. This is the time to insert additional paragraphs, or
make any amendments to the earlier paragraphs rendered necessary
by changes made in the later ones.
When the chairman thinks the constitution has been modified to suit
the wishes of the assembly, he inquires: “Are you ready for the
question?” If no one wishes to speak, he puts the question: “As
many as are in favor of adopting the constitution as amended say
_aye_;” and then, “As many as are opposed say _no_.” He distinctly
announces the result of the vote. This should never be omitted.
Only a majority vote is required to adopt a constitution of a new
society, or to amend it before it is adopted.
The chairman now states that the constitution having been adopted,
it will be necessary for those wishing to become members to sign it
(and pay the initiation fee, if required by the constitution), and,
if the assembly is a large one, suggests that a recess be taken
for the purpose. A motion is then made to take a recess for, say,
ten minutes, or until the constitution is signed. The constitution
being signed, no one is permitted to vote excepting those who have
signed it, and thus have joined the society. While the payment of
the initiation fee is strictly a prerequisite to the right to vote,
it should be waived at this meeting with those who are unprepared
to make the payment.
The recess having expired, the chairman calls the meeting to order,
and says, “The secretary will read the roll of members.” This is
necessary in order that all may know who are entitled to take part
in the future proceedings. After the roll has been read, the chair
says, “The question before the assembly is on the adoption of the
by-laws reported by the committee. The secretary will please read
them.” He then proceeds exactly as in the case of the constitution.
The motion to adopt the constitution and by-laws reported by the
committee having been made when the committee made its report, no
further motion is necessary.
When the by-laws are adopted, the chair says, “The next business in
order is the election of the permanent officers of the society.”
The by-laws should prescribe the method of nomination and election
of the officers, and they should be strictly complied with. If
the by-laws do not prescribe the method of nomination, the chair
asks, “How shall the officers be nominated?” Some one may at once
move that a committee be appointed by the chair to nominate the
permanent officers of the society. This motion being adopted,
the chair appoints the committee, which retires and agrees upon
a ticket. During the absence of the committee the assembly may
transact any business it pleases, or it may take a recess. When
the committee returns to the hall, as soon as pending business
is disposed of, the chair calls on the chairman of the committee
for the report. The chairman of the committee reads the list of
nominations, and hands it to the chair. The chair reads the list,
and then asks, “Are there any further nominations?” Any member may
now rise and, after addressing the chair, nominate any one else for
any office, or he may nominate one person for each office, thus
proposing a new ticket. The chair announces the nominations as
made, and when he thinks that no more names will be proposed, he
asks, “Are there any more nominations?” If there is no response,
and if the by-laws prescribe that the election shall be by ballot,
as they usually should, he appoints tellers and directs them to
distribute blank ballots, upon which each member writes the name of
each office and the person for whom he votes to fill that office.
When the ballots are filled-out, the chair directs the tellers to
collect the ballots, which they do, in any convenient receptacle.
The chair then inquires if all have voted who wish to, so as to be
sure that the tellers have not missed any members. When all have
voted that wish, he announces that “the polls are closed,” and the
tellers count the ballots, and the first one appointed reports
the vote, as described on page 196, under Voting by Ballot. The
chair then announces as elected all the candidates who received a
majority vote, and the temporary officers are immediately replaced
by the permanent ones elected. If the president is elected on this
first ballot he immediately takes the chair. In case any of the
offices remain unfilled, the chair immediately orders the tellers
to distribute blank ballots, and directs the assembly to prepare
ballots for these offices. Balloting is continued until all the
offices are filled. The voting is not limited to the nominees,
as every member is at liberty to vote for any member who is not
declared ineligible by the by-laws.
After the offices are filled, if there is business that the
chair knows requires immediate attention, he should mention it.
Committees should probably be appointed for various purposes,
as described in the by-laws, and the place of meeting should
be determined. It is possible that an adjourned meeting may be
necessary in order to complete the organization before beginning
the regular work of the society. When the work is completed, or
when an adjourned meeting has been provided for, and the lateness
of the hour requires an adjournment, some one should move to
adjourn. If the motion is carried, the chair announces the vote and
declares the assembly adjourned. If there can be any question as to
where and when the next meeting is to be held, he should mention
the place and time, though this is not necessary afterwards when
the place and time are regularly established and known.
If the society is one that expects to own real estate, it should
be incorporated according to the laws of the state in which it
is situated, and for this purpose some member of the committee
on the constitution should consult a lawyer before this second
meeting, so that the constitution may conform to the laws of the
state. In this case the trustees, or managers, or directors, are
usually instructed to take the proper measures to have the society
incorporated.
(_c_) _Regular Meetings of a Society._ After a society is properly
organized, its regular business meetings are conducted as follows:
When the hour fixed for the meeting to begin arrives, the presiding
officer takes the chair and calls the meeting to order and directs
the secretary to read the minutes of the last meeting. When they
are read, he asks, “Are there any corrections to the minutes?” If
none are suggested, he adds, “There being none, the minutes stand
approved as read.” If any corrections are suggested, the secretary
makes them, unless there is opposition. If there is difference of
opinion, some one moves to amend the minutes, or the chair, without
waiting for a motion, may put the question on the amendment that
has been suggested. When this has been settled, the chair asks,
“Are there any further corrections (or amendments) to the minutes?”
If there is no response, he adds, “There being none, the minutes
stand approved as corrected.” He then announces the next business
in order, following the order of business prescribed by the rules
of the society.
If the order of business is the same as given in =65=, as soon
as the minutes are read and approved, the chair says, “The
next business in order is hearing the reports of the standing
committees.” He may then call upon each committee in its order for
a report, thus: “Has the committee on applications for membership
any report to make?” In this case the committee may report as
shown above, or some member of it reply that it has no report to
make. Or, when the chairman knows that there are but few, if any,
reports to be made, it is better, after making the announcement
of the business, for him to ask, “Have these committees any
reports to make?” After a short pause, if no one rises to report,
he states, “There being no reports from the standing committees,
the next business in order is hearing the reports of special
committees,” when he will act the same as in the case of the
standing committees. The chairman should always have a list of the
committees, to enable him to call upon them, as well as to guide
him in the appointment of new committees.
Having attended to the reports of committees, the chair announces
the next business in order, and so on until the business of the
meeting has been disposed of, when some one moves to adjourn. If
this motion is carried, the chair announces the vote and declares
the assembly adjourned.
The meetings of different societies vary greatly, and they should
be managed differently in order to obtain the best results. Some
societies require a strict enforcement of parliamentary rules,
while with others the best results will be obtained by being
informal. It is important that the presiding officer have tact and
common sense, especially with a very intelligent assembly.
=71. Meeting of a Convention or Assembly of Delegates.= (_a_)
_An Organized Convention._ If a convention is an organized body
(that is, if when convened it has a constitution and by-laws and
officers), a committee on credentials, or registration, and one on
program, should have been appointed previous to the meeting. These
committees may have been appointed at the previous convention, or
by the executive board, or by the president, as prescribed by the
by-laws. The committee on credentials, or registration, should be
on hand somewhat before the time of the meeting, in some cases the
day before, so as to be prepared to submit its report immediately
after the opening addresses. It should furnish each delegate,
when he registers, with a badge or card as evidence of his being
a delegate and having the right of admission to the hall. The
committee on program should in most cases have the programs printed
in advance. In many cases it is better that the constituent bodies
be furnished in advance with copies of the program. This should
always be done when there is difficulty in getting full delegations
to attend. In addition to these two committees there are a number
of local committees usually appointed by the local society, as on
entertainment, etc. One of the general officers usually performs
the duty of a committee on transportation, to obtain reductions in
railroad fares, etc.
When the hour appointed for the meeting arrives, the president,
as the permanent presiding officer of a convention is usually
called, stands at the desk, and, striking it with the gavel to
attract attention, says, “The convention will come to order.” In
large conventions there is usually much confusion and noise at the
opening, and it requires self-control, firmness, and tact on the
part of the presiding officer to preserve proper order so that all
members may hear and be heard. It is a mistake for the chairman to
try to stop the noise by pounding with the gavel and talking so
loud as to be heard in spite of conversation on the floor. It is
better for him to set the example of being quiet, and to stop all
business while the noise is such that members cannot hear. Members
should be required to be seated and to refrain from talking except
when addressing the chair.
When the convention has come to order it is customary to have
some opening exercises, the nature of which depends upon the
character of the convention. In the majority of cases the
convention is opened with prayer, an address of welcome, and a
response. The program, however, is the president’s guide as to
the order of business, even though it has not yet been adopted
by the convention. It should provide for hearing the report of
the credential committee as soon as the opening exercises are
concluded, so that it may be known who are entitled to vote.
This committee’s report usually consists merely of a list of the
delegates and their alternates, if any, whose credentials have been
found correct, and of the ex-officio members of the convention, no
one being on the list, however, who has not registered as present.
The constitution should always provide that such as are present
of the officers of the convention, the members of the Board of
Managers, and the chairmen of the committees that are required
to report at the convention, shall be ex-officio members of the
convention.
When this report of the credential committee is presented it is
read either by the chairman of the committee or by the reading
secretary, or official reader, if there is one. In all cases, it,
and all other reports, should be read from the platform. When the
chairman of a committee cannot read so as to be heard, the report
should be read by a reading secretary, or official reader, who
should be appointed in every large convention, solely for the
purpose of reading resolutions, reports, etc. If there is a case of
contest between two sets of delegates and there is serious doubt as
to which is entitled to recognition, the committee should omit both
from the list and report the fact of the contest. If the committee,
however, thinks the contest not justified, it should ignore it
and enter on the list the names of the legitimate delegates. A
motion should be made to accept or adopt the report, which, after
it is stated by the chair, is open to debate and amendment. No one
can vote whose name is not on the list of delegates reported by
the committee. Upon the motion to substitute one delegation for
another, neither one can vote. So upon a motion to strike out the
names of a delegation whose seats are contested they cannot vote.
But upon the main motion to accept the report, all persons whose
names are on the list of members as reported by the committee and
amended by the convention are entitled to vote, and they alone.
When this report has been adopted, the president should immediately
call upon the program committee for a report. The chairman of that
committee submits the printed program and moves, or some one else
moves, its adoption. This is open to debate and amendment, and when
once adopted by a majority vote can not be deviated from except by
a two-thirds vote of those voting, or by a majority vote of the
enrolled membership.
The membership of the convention and the program having been
decided, the convention is ready for its business as laid down
in the program. The two committees, though they have made their
reports, are continued through the session, as supplementary
reports may be required from them. Additional delegates may
arrive, and speakers on the program may be sick or unable to
be present, or for other reasons a change in the program may be
necessary. These two committees should be allowed at any time to
make additional reports. The business is conducted as described
in the preceding section, but, of course, the program must be
followed. Boards and standing committees and the treasurer are
always required to submit annual reports, and sometimes reports
are required from various other officers. Generally officers
and the board of managers, etc., are elected annually; but some
constitutions make the term of office two years, and some provide,
in addition, that only about half the officers shall be elected
at any one annual meeting. In most organizations it is better to
have the term of office begin at the close of the convention,
so that the same officers will serve throughout the meetings.
At the beginning of the first meeting each day the minutes of
the preceding day are read and approved. At the close of the
convention, if there is not time to read the minutes of the last
day, a motion should be adopted authorizing the board, or some
committee, to approve the minutes of that day. As the proceedings
of a convention are usually published, a publishing committee
should be appointed, which should have the power to edit the
proceedings. When through with its business the convention adjourns
sine die.
(_b_) _A Convention not yet Organized._ Such a convention is
similar to a mass meeting, already described in =69=, in that when
called to order it has no constitution, by-laws, or officers. It
has the added difficulty of determining who are entitled to vote.
In the mass meeting every one may vote, but in the convention none
but properly appointed delegates may vote, and sometimes this is a
very difficult question to determine justly. The convention must
have been called by some committee, or body of men, who should
have secured the hall and made the preliminary arrangements for
the meeting. If the convention is a very large one, so that it is
necessary to reserve the main floor of the hall for the delegates,
the committee should allow only those to enter who have prima facie
evidence of their right to membership, and in contested cases both
sides should be admitted. The chairman of the committee should call
the convention to order, and either he or some one the committee
has selected for the purpose should nominate a temporary chairman
and a temporary secretary. Next should come the appointment of
a committee on credentials, whose duty it is to examine all
credentials and report a list of all the delegates who are entitled
to seats in the convention. When alternates have been appointed
they should be reported also. While the committee on credentials
is out, committees may be appointed on nominations of officers, on
rules, and on order of business or program. In a large convention
of this kind all committees should be appointed by the chair, and
no one whose right to a seat is questioned should be placed on a
committee until the convention has acted favorably on his case.
Until the committee on credentials has reported, no business can be
done except to authorize the chair to appoint the above mentioned
committees. While waiting for the committee on credentials to
report, the time is usually spent in listening to speeches. When
the committee reports, the procedure is the same as just described
in an organized convention. When that report has been adopted, the
convention proceeds to its permanent organization, acting upon the
reports of the other three committees previously appointed, taking
them in such order as the convention pleases. When these reports
have been acted upon, the convention is organized, with members,
officers, rules, and program, and its business is transacted as in
other organized deliberative assemblies. If the convention adopts
rules only for the session, the committee on rules need recommend
only a few rules as to the hours for beginning the meetings, the
length of the speeches, etc., and a rule adopting some standard
rules of order, where not in conflict with its other rules. If it
is not intended to make a permanent organization, the organization
just described is all that is necessary.
If the convention is called to make a permanent organization,
the committee on nominations is not appointed until after the
by-laws are adopted, and the committee on rules should report a
constitution and by-laws as in the case of a permanent society
[=70=]. The committee in such case is more usually called the
committee on constitution and by-laws. When a convention of
this kind is composed of delegates away from their homes it is
practically impossible to have them assemble more frequently
than once a year, and, therefore, before the convention meets,
a constitution and by-laws should be carefully drafted by those
interested in calling the convention. Those who drew up the by-laws
should be appointed on the committee, in order to avoid delay in
reporting them.
After the committee has reported a constitution and by-laws the
procedure is the same as already described in the previous section
in case of acting on a constitution and by-laws for a permanent
society [page 287]. When the by-laws are adopted, the officers are
elected and committees are appointed as prescribed by the by-laws,
and the convention is prepared for its work as already described.
Art. XIII. Legal Rights of Assemblies and Trial of Their Members.
=72.= Right of an Assembly to Punish its Members =299=
=73.= Right of an Assembly to Eject any one from its Place of
Meeting =299=
=74.= Rights of Ecclesiastical Tribunals =300=
=75.= Trial of Members of Societies =302=
=72. The Right of a Deliberative Assembly to Punish its Members.=
A deliberative assembly has the inherent right to make and enforce
its own laws and punish an offender, the extreme penalty, however,
being expulsion from its own body. When expelled, if the assembly
is a permanent society, it has the right, for its own protection,
to give public notice that the person has ceased to be a member of
that society.
But it has no right to go beyond what is necessary for self-protection
and publish the charges against the member. In a case where a member of
a society was expelled, and an officer of the society published, by its
order, a statement of the grave charges upon which he had been found
guilty, the expelled member recovered damages from the officer in a
suit for libel, the court holding that the truth of the charges did not
affect the case.
=73. Right of an Assembly to Eject any one from its Place of
Meeting.= Every deliberative assembly has the right to decide who
may be present during its session; and when the assembly, either by
a rule or by a vote, decides that a certain person shall not remain
in the room, it is the duty of the chairman to enforce the rule of
order, using whatever force is necessary to eject the party.
The chairman can detail members to remove the person, without
calling upon the police. If, however, in enforcing the order, any
one uses harsher measures than is necessary to remove the person,
the courts have held that he, and he alone, is liable for damages,
just the same as a policeman would be under similar circumstances.
However badly the man may be abused while being removed from the
room, neither the chairman nor the society is liable for damages,
as, in ordering his removal, they did not exceed their legal rights.
=74. Rights of Ecclesiastical Tribunals.= Many of our deliberative
assemblies are ecclesiastical bodies, and it is important to know
how much respect will be paid to their decisions by the civil
courts.
A church became divided, and each party claimed to be the church,
and therefore entitled to the church property. The case was taken
into the civil courts, and finally, on appeal, to the U. S. Supreme
Court, which, after holding the case under advisement for a year,
sustained the decision of the U. S. Circuit Court. The Supreme
Court, in rendering its decision, laid down the broad principle
that when a local church is but a part of a large and more general
organization or denomination, the court will accept as final the
decision of the highest ecclesiastical tribunal to which the case
has been carried within that general church organization, on all
questions of discipline, faith, or ecclesiastical rule, custom,
or law, and will not inquire into the justice or injustice of
its decree as between the parties before it. The officers, the
ministers, the members, or the church body which the highest
judiciary of the denomination recognizes, the court will recognize.
Whom that body expels or cuts off, the court will hold to be no
longer members of that church. The court laid down the following
principles:{45}
“Where a church is of a strictly congregational or independent
organization, and the property held by it has no trust attached to
it, its right to the use of the property must be determined by the
ordinary principles which govern ordinary associations.
“Where the local congregation is itself a member of a much larger
and more important religious organization and is under its
government and control and is bound by its orders and judgments,
its decisions are final and binding on legal tribunals.
“Courts having no ecclesiastical jurisdiction, cannot revise or
question ordinary acts of church discipline; their only judicial
power arises from the conflicting claims of the parties to the
church property and the use of it.”
{45} Watson vs. Jones, 13 Wallace U. S. Supreme Court Reports, p.
679. This case was decided April 15, 1872.
But while the civil courts have no ecclesiastical jurisdiction,
and cannot revise or question ordinary acts of church discipline,
they do have jurisdiction where there are conflicting claims to
church property. An independent church by an almost unanimous vote
decided to unite with another independent church. A very small
minority, less than ten per cent, did not wish to unite with the
other church, so they were voted letters of dismission to any
other church of like faith and order, against their protest. The
majority then directed the trustees to transfer their property
to the other church and voted themselves a letter of dismission
to unite with that church. The church then voted to disband. The
majority presented their letters and were received into the other
church. The minority would not use their letters, but took the
matter into the courts, which, of course, decided that they were
the church and owned the property. According to the practice of
churches of the same denomination, no member can be forced out of
the church unless for neglect of his duties as a member. Letters
of dismission are granted only on the request of members, and as
a general rule the membership does not terminate until the letter
has been used. The church could not terminate the membership of
the minority, against whom there were no charges, by voting them
letters without their consent. By not using their letters they
soon constituted the entire membership and rescinded the order to
the trustees to transfer the property to the other church. By the
hasty, ill-advised action of almost the entire church the majority
lost their property. In cases where property is involved, churches
cannot be too careful, and it is usually best to act under legal
advice.
=75. Trial of Members of Societies.= Every deliberative assembly,
having the right to purify its own body, must therefore have the
right to investigate the character of its members. It can require
any of them to testify in the case, under pain of expulsion if they
refuse.
When the charge is against the member’s character, it is usually
referred to a committee of investigation or discipline, or to some
standing committee, to report upon. Some societies have standing
committees whose duty it is to report cases for discipline whenever
any are known to them.
In either case, the committee investigates the matter and reports
to the society. This report need not go into details, but should
contain its recommendations as to what action the society should
take, and should usually close with resolutions covering the case,
so that there is no need for any one to offer any additional
resolutions upon it. The ordinary resolutions, where the member
is recommended to be expelled, are (1) to fix the time to which
the society shall adjourn; and (2) to instruct the clerk to cite
the member to appear before the society at this adjourned meeting
to show cause why he should not be expelled, upon the following
charges which should then be given.
After charges are preferred against a member, and the assembly has
ordered that he be cited to appear for trial, he is theoretically
under arrest, and is deprived of all the rights of membership until
his case is disposed of. Without his consent no member should be
tried at the same meeting at which the charges are preferred,
excepting when the charges relate to something done at that meeting.
The clerk should send the accused a written notice to appear
before the society at the time appointed, and should at the same
time furnish him with a copy of the charges. A failure to obey the
summons is generally cause enough for summary expulsion.
At the appointed meeting what may be called the trial takes place.
Frequently the only evidence required against the member is the
report of the committee. After it has been read and any additional
evidence offered that the committee may see fit to introduce, the
accused should be allowed to make an explanation and introduce
witnesses, if he so desires. Either party should be allowed to
cross-examine the other’s witnesses and introduce rebutting
testimony. When the evidence is all in, the accused should retire
from the room, and the society deliberate upon the question, and
finally act by a vote upon the question of expulsion, or other
punishment proposed. No member should be expelled by less than a
two-thirds{46} vote, a quorum voting. The vote should be by ballot,
except by general consent. The members of the committee preferring
the charges vote the same as other members.
{46} The U. S. Constitution [Art. I, Sec. 5] provides that each
House of Congress may, “with the concurrence of two-thirds, expel a
member.”
In acting upon the case, it must be borne in mind that there is a
vast distinction between the evidence necessary to convict in a
civil court and that required to convict in an ordinary society
or ecclesiastical body. A notorious pickpocket could not even be
arrested, much less convicted by a civil court, simply on the
ground of being commonly known as a pickpocket; while such evidence
would convict and expel him from any ordinary society.
The moral conviction of the truth of the charge is all that is
necessary in an ecclesiastical or other deliberative body to find
the accused guilty of the charges.
If the trial is liable to be long and troublesome, or of a very
delicate nature, the member is frequently cited to appear before
a committee, instead of the society, for trial. In this case the
committee reports to the society the result of its trial of the
case, with resolutions covering the punishment which it recommends
the society to adopt. When the committee’s report is read, the
accused should be permitted to make his statement of the case, the
committee being allowed to reply. The accused then retires from the
room, and the society acts upon the resolutions submitted by the
committee. The members of the committee should vote upon the case
the same as other members.
If the accused wishes counsel at his trial, it is usual to allow
it, provided the counsel is a member of the society in good
standing. Should the counsel be guilty of improper conduct during
the trial, the society can refuse to hear him, and can also punish
him.
PLAN FOR STUDY OF PARLIAMENTARY LAW
INTRODUCTION.
These Lesson Outlines are designed to assist clubs and individual
students who wish to study Robert’s Rules of Order Revised. The
Manual is not arranged primarily with a view to study, but for the
special object of providing a set of rules for adoption by city
councils, corporations, literary societies, clubs, assemblies, and
occasional meetings. In studying it the preferable way is to learn
the few elementary things that one must know in order to take the
slightest part in a deliberative meeting and then to learn how with
ease to use this Manual to find the correct ruling or decision on
any point that may arise. When one has accomplished this, which is
covered by the first four lessons outlined below, he is prepared to
study in detail any portion of the Manual, and in any order that
may suit him.
In these Lesson Outlines the four introductory lessons are followed
by the all-important subject of Amendments, to which an entire
lesson is given. This lesson should be thoroughly mastered, as
the subject of amendments is probably equal in difficulty and
importance to all the rest of parliamentary law.
After Amendments, the order of the subjects in the Manual is
followed in the Lesson Outlines with the following exceptions:
Incidental Motions are not taken up until all the other motions are
disposed of; the Orders of the Day are treated in connection with
the motions to Postpone Definitely and Indefinitely, because they
are so intimately connected, the Orders of the Day being made by
postponing to a certain time or by adopting a program; the subject
of Committees is treated in connection with the motion to Commit;
and to Take from the Table is treated in connection with to Lay on
the Table.
The Rules of Order is essentially a work of reference, and the
student should keep this in view. He should aim at learning
how to find a ruling quickly, rather than at remembering the
ruling. On this account each student should always have his copy
of the book with him at every meeting and familiarize himself
with its use. Efficiency, however, as a parliamentarian is
acquired only by practice. “Book knowledge” is valuable just as
with games and athletics, but just as no amount of theoretical
knowledge without practice will enable a man to excel in playing
chess or in swimming, so no amount of theoretical knowledge of
parliamentary law without practice will make a man a good practical
parliamentarian.
If the student has the advantage of being a member of a class,
the teacher will, doubtless, use parliamentary drills. If he has
no teacher he should study the Manual as laid down in the Lesson
Outlines, and try to interest others to join him in forming a
practice club. This practice club should hold frequent meetings,
thus giving an opportunity for putting into practice what has been
learned. The officers should be constantly changed so as to give
different members the opportunity to preside.
These practice meetings should begin at least as soon as the
students have learned what is covered by the first four lessons as
outlined further on. At the beginning of each meeting it would be
profitable to call for criticisms of the previous meeting. This
would encourage the members after each meeting to investigate all
doubtful points that have arisen, and would call attention to
mistakes that otherwise would be overlooked. It will be of great
assistance to them if during the meetings they have on the walls of
their room the three Charts hereafter described.
What has just been said in reference to the importance of practice
meetings or drills in parliamentary law applies equally to clubs or
societies, as only a few of the simplest rules are usually called
for in an ordinary meeting. When the club cannot have a suitable
teacher it can carry on the work by electing a member to take
charge of the parliamentary drills. This leader should study the
course so as to be able to take the place of a teacher.
It will probably be best in all cases to follow the order of the
first four lessons, and perhaps the fifth also. But where the
time for the meeting is short it may be advisable to increase the
number of lessons. After the fifth lesson circumstances may make
it advisable to select only a few out of the remaining lessons and
omit the others, or to divide some of the lessons. The outlines as
given will serve as a basis for a scheme of lessons adapted to the
special conditions in each case.
All through the course there should constantly be drills with open
books, to enable the students to acquire facility in referring to a
desired point, since, as previously stated, this Manual is a work
of reference.
{47}Three charts, averaging 34 by 42 inches, have been prepared
and printed on cloth in large, heavy-face type that can be read
at a distance of thirty feet. If displayed during every business
meeting, they would conduce greatly to the orderly transaction of
business. They are a necessity for the teacher of parliamentary
law, and should be on the wall at every practice meeting or drill
whether there is a teacher or not. They enable each member without
referring to his book to see instantly when a motion is made
whether it is in order, whether it can be amended or debated,
whether it opens the main question to debate, whether it requires
a two-thirds vote, and what other motions may be made while it
is pending. Besides giving the order of precedence of privileged
and subsidiary motions, they show the incidental motions, the
unclassified motions mentioned on page 58, and what motions to use
to accomplish certain objects, as given on page 44.
{47} For information regarding these Charts, address Mrs. William
Anderson, 211 Eastern Avenue. Pittsburgh, Pa.
LESSON OUTLINES
I.
Organizing and Conducting Business in Mass Meetings and Permanent
Societies.
Organization, pp. 275-277.
Offering, Amending, and Adopting Resolutions, pp. 277-280.
Committee on Resolutions, pp. 280-283.
Permanent Society, 1st Meeting, pp. 284-286.
Permanent Society, 2d Meeting, pp. 286-291.
Permanent Society, Regular Meeting, pp. 291, 292.
Obtaining the Floor, etc., pp. 25-28.
Preparing, Making, and Seconding Motions and Resolutions, pp.
33-38.
II.
Debate, Stating and Putting Questions, and What Motions to Use to
Accomplish Certain Objects.
Stating the Question, p. 38.
Debate, pp. 38, 39.
Secondary Motions, p. 40.
Putting the Question and Announcing the Vote, pp. 40-43.
What Motions to Use to Accomplish Certain Objects, pp. 43-51.
[The form of making each of these motions should be explained
by the leader or teacher.]
III.
How to Find if a Motion is in Order, if it can be Debated,
Amended, or Reconsidered, and if it Requires a Second, or a ⅔
Vote, etc.
Order of Precedence of Motions, p. 5.
Table of Rules Relating to Motions, pp. 6-12.
[The order of Precedence of Motions, p. 5, should be memorized,
and the student should be able by reference to the Table of
Rules to find quickly the ruling on any of the 300 questions
decided by it.]
IV.
Definitions, and How to Find Rulings in the Manual.
Plan of the Manual, pp. 20-22.
Definitions, pp. 22-24.
Plan of the Index, p. 313.
Practice in the Use of the Entire Manual for finding Rulings or
Decisions.
V.
Amendments.
Amend, pp. 134-152.
Inserting or adding, striking out, and striking out and inserting
words, pp. 137-140.
Amendments affecting an entire paragraph, pp. 140-143.
Improper Amendments, pp. 143-146.
Motions that cannot be Amended, pp. 146, 147.
Amending Minutes, p. 148.
Filling Blanks, pp. 148-152.
VI.
Classification of Motions and Most of the Privileged Ones.
Main Motions, pp. 51-54.
Subsidiary Motions, pp. 54-56.
Incidental Motions, pp. 56, 57.
Privileged Motions, pp. 57, 58.
Certain Other Motions, p. 58.
Fix the Time to which to Adjourn, pp. 59, 60.
Adjourn, pp. 60-64.
Take a Recess, pp. 64-66.
Questions of Privilege, pp. 66-68.
VII.
Orders of the Day, and Definite and Indefinite Postponement.
Postpone Indefinitely, pp. 152, 153.
Postpone Definitely or to a Certain Time, pp. 121-125.
Call for the Orders of the Day, pp. 68-71.
General and Special Orders, pp. 71-77.
VIII.
Laying Aside a Question Temporarily, Resuming its Consideration,
and Closing and Limiting Debate.
Lay on the Table, pp. 104-111.
Take from the Table, pp. 154-156.
Previous Question, pp. 111-118.
Limit or Extend Limits of Debate, pp. 118-120.
IX.
The Motion to Commit, and Committees.
Commit, pp. 125-134.
Special and Standing Committees, pp. 211-220.
Form of their Reports, pp. 215, 216.
Form of Minority Report, p. 216.
X.
Committees (Concluded).
Reception of Committees’ Reports, pp. 220-223.
Adoption of Committees’ Reports, pp. 223-229.
Committee of the Whole, pp. 229-233.
As if in Committee of the Whole, pp. 233, 234.
Informal Consideration, pp. 234, 235.
Committees Classified, pp. 206, 207.
Boards of Managers, etc., and Executive Committees, pp. 207-210.
Ex-Officio Members of Boards and Committees, p. 210.
XI.
Reconsidering and Rescinding a Vote.
Reconsider, pp. 156-165.
Reconsider and Enter on the Minutes, pp. 165-168.
Rescind, pp. 169, 170.
XII.
Some Miscellaneous and Incidental Motions.
Renew, pp. 171-173.
Ratify, pp. 173, 174.
Dilatory and Absurd Motions, pp. 174, 175.
Incidental Motions, pp. 56, 57.
Questions of Order, pp. 78-81.
Appeal, pp. 81-83.
Suspension of the Rules, pp. 83-87.
XIII.
Incidental Motions (Concluded).
Objection to the Consideration of a Question, pp. 87-89.
Division of a Question, pp. 89-92.
Consideration by Paragraph or Seriatim, pp. 92-95.
Division of the Assembly and Other Motions relating to Voting and
the Polls, pp. 95, 96.
Motions relating to Methods of Making and to Closing and to
Reopening Nominations, pp. 96, 97.
Parliamentary Inquiry, pp. 98, 99.
Request for Information, pp. 99, 100.
To Withdraw or Modify a Motion, pp. 100, 101.
To Read Papers, pp. 101, 102.
To be Excused from a Duty, pp. 102-104.
Request for any other Privilege, p. 104.
XIV.
Debate.
Debate, pp. 39 and 178-180.
Decorum in Debate, pp. 180-182.
Closing and Preventing Debate, pp. 182-184.
Principles of Debate, pp. 184-187.
Motions that Open the Main Question to Debate, p. 187.
Undebatable Motions, p. 187.
XV.
Voting.
Voting, pp. 188-201.
Announcing the Vote, pp. 190, 191.
Voting by Ballot, pp. 193-196.
Voting by Yeas and Nays, pp. 197, 198.
General Consent, pp. 198, 199.
Voting by Mail, pp. 199, 200.
Voting by Proxy, pp. 200, 201.
Votes that are Null and Void even if Unanimous, pp. 201, 202.
Motions requiring More than a Majority Vote, pp. 202-206.
XVI.
The Officers and the Minutes.
Chairman or President, pp. 236-244.
Hints to Inexperienced Chairmen, pp. 242-244.
Secretary or Clerk, pp. 244-247.
Corresponding Secretary, p. 246.
The Minutes, pp. 247-250.
Executive Secretary, pp. 250, 251.
Treasurer, pp. 251-253.
XVII.
Nominations and Elections, and Miscellaneous.
Session, pp. 253-257.
Meeting, pp. 253-255.
Quorum, pp. 257-261.
Order of Business, pp. 261-263.
Nominations and Elections, pp. 263, 264.
[As the officers are usually elected by ballot that method of
voting (pages 193-196) should be reviewed in connection with
this lesson. The incidental motions relating to the methods
of making nominations and taking the vote and of closing and
reopening nominations and the polls (pages 95-97) should also
be reviewed in connection with this lesson.]
XVIII.
Rules of an Assembly and their Amendments.
Constitutions, pp. 264-266.
By-laws, pp. 266, 267.
Rules of Order, pp. 267, 268.
Standing Rules and their Amendment, pp. 268, 269.
Amendment of Constitutions, etc., pp. 269-273.
Amending a Proposed Amendment to the Constitution, etc., p. 272.
Review Use of Tables on pages 5-10, and Index.
INDEX
The figures refer usually to the page where the treatment of the
subject begins. The arrangement of the work can be most easily seen
by examining the Table of Contents (pp. 1-4); its plan is explained
in the Introduction (p. 20). If it is desired to find the proper
motion to use to accomplish a certain object, turn to page 44. On
pages 5-10 will be found a large amount of information about all the
motions in common use, which should be carefully studied so that
when the facts are needed they can be quickly found. On those pages
will be found, among other things, the circumstances under which any
of the common motions may be made; the motions that are in order
while a specified motion is pending; and whether a specified motion
may be debated, amended, or reconsidered, and whether it requires a
two-thirds vote, etc. In the Index under the title, “Motions, List
of,” will be found a complete list of motions. To find the details
refer to the particular motion in the Index. It is best always to
refer to general subjects first, as under them will usually be found
all the details. Look under Adjourn, Committee, Debate, Forms, Vote,
etc., for illustrations.
=Accept=, =Adopt=, or =Agree to=, 223
=Adjourn=, motion to, 60
when not privileged, 63
effect upon unfinished business, 63
not used in committee of the whole (see _Rise_), 63
motion to fix the time to which to adjourn, 59
=Amendment=, motion to amend, 134
by inserting or adding words, 137
by striking out words, 138
by striking out and inserting words, 139
by inserting or adding, or by striking out, an entire paragraph,
140
by substituting one paragraph for another 141
of an amendment, 135
of reports of committees or boards, 228
of reports or propositions containing several paragraphs, 93
of Rules of Order, By-laws, and Constitutions, 269
of Standing Rules, 268
improper amendments, 143
motions that cannot be amended, list of, 146
=Announcing the Vote=, 42, 190
=Annul=, 169
=Appeal= from the decision of the chair, 81
=Apply=, meaning of, 21
=Assembly=, how organized and how business is conducted in, 275
the word to be replaced by Society, Club, etc., when it occurs in
forms of questions, 22
division of the, 95
right to punish members, 299
right to eject persons from its room, 299
trial of members, 302
=Ballot=, voting by, 193
blanks not counted, 195
nominating or informal ballot, 263
form of report of vote by, 196
=Blanks=, filling of, 148
in balloting not to be counted, 195
=Boards of Trustees, Managers, or Directors=, 207
rules of procedure in, 208
reports of, and their amendment, 209
reports of, treated as reports of standing committees, 262
(See _Quorum_)
=Business=, how introduced, 25
how conducted, 25-42, 275-298
to change order of is undebatable and requires a two-thirds vote,
85
priority of, questions relating to are undebatable, 187
unfinished, 63
=By-laws=, what they should contain, 266
adoption of, 287, 288
amendment of, 269
suspension of, 267
=Call of the House=, 175
=Call to Order=, 80
=Chairman=, etc. (presiding officer), mode of address, 27
duties of, 236
election of, 276, 289
temporary, or _pro tem._, 240
right to vote when it affects result, 238
of a committee, 211
of committee of the whole, 230
inexperienced, hints to, 242
=Charts=, description of, 307
=Clerk=, (see _Secretary_), 244
=Close Debate= now (see _Previous Question_), 111
at a future time, 118
=Commit=, motion to, 125
forms of the motion, 130
=Committees=, Executive, and Boards, 207
ex-officio members of, 210
of the whole, 229
as if in committee of the whole, 233
=Committees=, _Special and Standing_, 211
distinction between special and standing, 211
object of, 130
appointment of, 128
of whom they should be composed, 131, 132
proper size of, 132
chairman of, 131
reporting member of, 220
quorum in, consists of a majority, 259
manner of conducting business in, 213
to discharge, 132
_Reports of_, their form, 215
their reception, 220
their amendment, 228
their adoption or acceptance, 223
their place in the order of business, 262
common errors in acting upon, 222
_Minority Reports or Views of_, their form, 216
cannot be acted upon unless moved as a substitute for the
committee’s (majority’s) report, 216
=Congress=, Rules of, the basis of this work, 20
(Rules of, to be found in footnotes when different from those given
in text)
=Consent, unanimous or general=, 202
can be given only when a quorum is present, 259
=Consideration of a Question, objection to=, 87
=Constitutions=, what they should contain, 265
adoption of, 287
amendment of, 269
cannot be suspended, 85
=Convention=, organizing and conducting a meeting of a, 292, 296
=Credentials= of delegates, 293
=Debate=, 38, 178
what precedes, 26
no member to speak but twice on same day in same, 39
no speech to be longer than ten minutes, 39
number and length of speeches in Congress (Note), 178
member reporting measure has right to close, 179
_undebatable questions_, list of, 187
motions that open the main question to, 187
principles regulating the extent of, 184
decorum in, 180
to close now (Previous Question), 111
to close at future time, 118
to limit or extend limits of, 118
two-thirds vote required to close, limit, or extend, 205
=Decorum= in Debate, 180
=Definitions= of various terms, 22
=Delegates=, organization of a meeting of, 292, 296
credentials of, 293
=Dilatory Motions= not permitted, 174
=Disorderly words= in debate, 181
=Division= of the assembly, 95
of the question, 89
=Duties of Officers= (see _Chairman_, _Secretary_, _Executive
Secretary_ and _Treasurer_)
=Ecclesiastical Tribunals=, legal rights of, 300
=Eject= persons from the room, right of assembly to, 299
=Elections=, 263
=Errors=, common, 222
=Executive Board=, 207
=Executive Committee=, 207
=Executive Secretary=, 250
=Ex-officio= members of boards and committees, 210
=Expulsion of members= requires a ⅔ vote, 303
=Expunge=, 170
=Extend the limits of debate=, 118
=Filling blanks=, 148
=Fix the time to which to Adjourn=, motion to, 59
when not privileged, 59
=Floor=, how to obtain, 27
necessary to obtain, in order to make a motion, 27
=Forms of= making motions, 33
a resolution, 34, 35
a preamble, 35
stating questions, 38
putting questions, 40
announcing the result of a vote, 41
tellers’ report of vote by ballot, 196
acting on reports of committees, 220, 223
acting on reports or resolutions containing several paragraphs, 92
reports of committees, 215
treasurers’ reports, 252
minutes of a meeting, 248
(Under each motion the form of making it and of stating and putting
the question is given if the form is peculiar)
=General Consent=, 202
=Hints to Inexperienced Chairmen=, 242
=House, Call of the=, 175
=Immediately pending question=, meaning of, 23
=Incidental= motions or questions, 56
main motions or questions, 52
=Indecorum=, leave to continue speaking after, 80
=Indefinite postponement=, 152
=Informal consideration= of a question, 234
=Information, Request for=, 93
=Introduction of Business=, 25
=Inquiry, Parliamentary=, 98
=Journal= (see _Minutes_), 247
=Lay on the table=, motion to, 104
=Leave= to continue speaking after indecorum, 80
modify or withdraw a motion, 100
read papers, 101
be excused from a duty, 102
=Legal Rights= (see _Assembly_ and _Ecclesiastical Tribunals_)
=Lesson Outlines=, 308
=Limit debate=, motion to, 118
=Main= motions or questions, 51
incidental main motions or questions, 52
=Majority=, defined, 24, 202
=Meeting=, distinction between it and Session, 254
how to conduct an occasional or mass meeting, 275
how to conduct a meeting to organize a society, 284
how to conduct a regular meeting of a society, 291
how to conduct a meeting of delegates (a convention), 292
=Members= not to be present during a debate concerning themselves, 182
not to vote on questions personal to themselves, 192
trial of, 302
not to be expelled by less than a ⅔ vote, 303
=Minority Report, or Views= (see _Committees_), 216
=Minutes=, form and contents of, 248
correction of before adoption, 147
correction of after adoption, 148, 159
=Moderator= (see _Chairman_), 27
=Modification= of a motion by the mover, 100
=Motions, list of= (for details see each motion in the Index)
accept a report, 223
adjourn, 60
adjourn, fix the time to which to, 59
add words (see _Amendment_), 137
add a paragraph (see _Amendment_), 140
adopt a report (same as Accept), 223
agree to (same as Adopt), 223
amend, 134
annul, 169
appeal, 81
blanks, filling, 148
call to order, 80
close debate now (previous question), 111
close debate at a future time, 118
commit, or refer, or recommit, 125
consideration of a question, objection to, 87
divide the assembly, 95
divide the question, 89
expunge, 170
extend the limits of debate, 118
fix the time to which to adjourn, 59
incidental motions or questions, 56
incidental main motions or questions, 52
indefinitely postpone, 152
informal consideration of a question, 234
insert words (see _Amendment_), 137
insert a paragraph (see _Amendment_), 140
lay on the table, 104
leave to continue speaking when guilty of indecorum, 80
leave to read papers, 101
leave to be excused from a duty, 102
leave to withdraw or modify a motion, 100
limit debate, 118
main motions or questions, 51
objection to the consideration of a question, 87
order, questions of, 78
order, to make a special, 73, 124
orders of the day, call for, 68
permission, to grant (see _Leave_)
postpone to a certain time, or definitely, 121
postpone indefinitely, 152
previous question, 111
principal (same as Main) motions or questions, 51
priority of business, questions relating to, 187
privileged motions or questions, 57
privilege, questions of, 66
reading papers, 101
reception of a report (see _Committees_), 220
recommit (same as Commit), 125
reconsider, 156
reconsider and enter on the minutes, 165
refer (same as Commit), 125
renewal of a motion, 171
rescind, repeal, or annul, 169
rise (in committee of the whole equals adjourn), 63, 231
special order, to make a, 73, 124
strike out words (see _Amendment_), 138
strike out a paragraph, 140
strike out and insert words (see _Amendment_), 139
strike out and insert a paragraph (same as Substitute), 141
subsidiary motions or questions, 54
substitute (one form of _Amendment_, which see), 141
suspension of the rules, 83
take from the table, 154
take up a question out of its proper order, 85, 86
withdrawal of a motion, 100
=Motions=, Table of rules relating to, 6
order of precedence of, 5
classified according to their object, 44
classified into Privileged, Incidental, Subsidiary, etc., 51-58
how to be made, 33
a second required (with certain exceptions), 36
to be stated by chairman before being discussed, 38
when to be in writing, 34
how to be divided, 89
how to be modified by the mover, 100
how to be stated, 38
how to be put to the question, 40
that are in order when another has the floor, 32
that do not require a second, 37
that cannot be amended, 146
that cannot be debated, 187
that cannot be reconsidered, 158
that open main question to debate, 187
that require ⅔ vote for their adoption, 205
that are null and void even if adopted unanimously, 201
dilatory, absurd, or frivolous, not allowed, 174
=Nominating Ballot=, 263
=Nominations=, how treated, 96, 263, 276
closing and reopening, 97
seconding, 263
=Numbers of paragraphs=, clerk to correct without a vote, 148
=Objection to consideration= [introduction] of a question, 87
=Obtaining the floor=, 27
=Officers of an assembly= (see _Chairman_, _Secretary_, _Treasurer_,
and _Vice President_), 277
election of, 276
temporary, or pro tem., 240
=Order=, questions of and a call to, 78
of business, 261
of the day, 71
general, 72
special, 73
of precedence of motions, 5
=Organization= of an occasional or mass meeting, 275
of a semi-permanent mass meeting, 283
of a permanent society, 284
of a convention or assembly of delegates, 292, 296
=Papers and Documents=, reading of, 101
in custody of secretary, 245
=Parliamentary Inquiry=, 98
=Parliamentary Law=, its origin, etc., 15
=Pending question=, meaning of, 23
immediately pending question, meaning of, 23
=Plan for Study of Parliamentary Law=, 305
=Plan of the Manual=, 20
=Plurality Vote= defined, 24
=Postpone to a certain time=, 121
indefinitely, 152
=Preamble=, form of, 35
considered after the resolution, 94
=Precedence of motions=, order of, 5
meaning of, 21
=President= or Presiding Officer (see _Chairman_), 236
=Previous Question=, 111
=Principal=, or Main, Motion or Question, 51
=Priority of Business=, questions relating to, 187
=Privilege=, questions of, 66
=Privileged= Motions or Questions, 57
=Program= of a meeting (same as Orders of the Day), 74
=Proxy Voting=, 200
=Putting the question=, form of, 40
=Questions= (see _Forms_, _Motions_, _Privilege_, _Privileged_,
_Order_, _Stating_, and _Putting_)
=Quorum=, 257
when there is no rule, consists of a majority, 258
committees and boards cannot decide upon, 259
in Congress and Parliament, 261
=Reading of Papers=, 101
=Reception= of a Report (see _Committees_), 220
=Recess=, to take a, 64
=Recommit= (see _Commit_), 125, 130
=Reconsider=, 156
motions that cannot be reconsidered, 158
=Reconsider and have entered on the minutes=, 165
=Record=, or Minutes, 247
=Recording Officer= (see _Secretary_), 244
=Refer= (same as Commit), 125
=Renewal= of a motion, 171
=Reporting member= of a committee, defined, 220
=Reports= of committees (see _Committees_)
=Requests= of any kind, 97
=Rescind=, 169
=Resolutions=, forms of, 34, 35
not in order if conflicting with Constitution, By-laws, Rules of
Order, or Standing Rules, 201, 269
=Restore to membership or office=, 170
=Rights= of assemblies (see _Assembly_), 299
of ecclesiastical tribunals, 300
=Rise=, motion to, in committee equals adjourn, 63, 231
=Rules= of Debate (see _Debate_), 38, 178
of Order, what they should contain, 267
of Order, amendment of, 269
of Order, suspension of, 83
Standing, what they should contain, 268
Standing, amendment or suspension of, 268
relating to motions, Table of, 6
=Seconding=, motions that do not require, 37
=Secretary=, duties of, 244
election of, 276
corresponding, 246
executive, 250
=Seriatim Consideration=, 92
=Session=, 253
=Speaking, Rules= of (see _Debate_), 38, 178
=Special Order=, 73
=Standing Rules=, 268
=Stating a Question=, form of, 38
=Strike out= (see _Amendment_), 138, 140
=Students, Suggestions to=, 205
=Subsidiary= Motions or Questions, 54
=Substitute= (see _Amendment_), 141
=Sum=, largest put first, 149
=Suspension= of the Constitution, 265
of By-laws, 267
of Rules, 83
of Standing Rules, 268
=Table of Rules= relating to motions, 6
=Table=, motion to lay on the, 104
motion to take from the, 154
=Teachers, Suggestions to=, 305
=Tellers=, 195
report of, 196
=Time=, longest, or most distant, first put, 149
=Treasurer=, duties of, 251
=Trial= of Members, 302
=Two-thirds vote=, motions requiring, 205
various kinds of, explained, 204
principles regulating, 204
=Unanimous Consent=, 202
=Undebatable Motions or Questions=, 187
=Unfinished Business=, effect of adjournment upon, 63
its place in the order of business, 262
=Vice Presidents=, 242
honorary, 267
=Vote=, 188
putting the question, 40
viva voce, or by voice, 188
by show of hands, 189
by rising, 189
by ballot, 193
by yeas and nays, 197
by general consent, 198, 202
proxy voting, 200
voting by mail, 199
division, 95
chairman entitled to, when it affects result, 192
change of, permitted before result is announced, 193
announcing the, 42, 190
effect of a tie, 192
authorizing secretary to cast unanimous ballot, 194
declaring vote unanimous when it is not, 194, 203
personal interests that debar one’s voting, 192
definitions of plurality, majority, and two-thirds, 21
motions requiring more than a majority, 202
motions requiring ⅔, list of, 205
different kinds of ⅔, 204
=Whole, Committee of the=, 229
=Withdrawal of a Motion=, 100
=Yeas and Nays=, voting by, 197
=Yields=, meaning of, 21
TRANSCRIBER’S NOTE
The index was not checked for proper alphabetization or correct
page references.
Obvious typographical errors and punctuation errors have been
corrected after careful comparison with other occurrences within
the text and consultation of external sources.
Some hyphens in words have been silently removed, some added, when
a predominant preference was found in the original book.
Except for those changes noted below, all misspellings in the text,
and inconsistent or archaic usage, have been retained.
Pg 227: “comclusions” replaced with “conclusions”.
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