Rules of Order.
Art. I. Introduction of Business.
[§§ 1-5.]
1. All business should be brought before the assembly by a
motion of a member, or by the presentation of a communication to the assembly.
It is not usual, however, to make a motion to receive the reports of committees
[§ 30] or communications to the assembly; and in many other cases in the
ordinary routine of business, the formality of a motion is dispensed with; but
should any member object, a regular motion becomes necessary.
2. Before a member can make a motion or address the
assembly upon any question, it is necessary that he obtain the floor; that is,
he must rise and address the presiding officer by his title, thus: “Mr.
Chairman” [§ 34], who will then announce the member’s name. Where two or more
rise at the same time the Chairman must decide who is entitled to the floor,
which he does by announcing that member’s name. From this decision, however, an
appeal [§ 14] can he taken; though if there is any doubt as to who is entitled
to the floor, the Chairman can at the first allow the assembly to decide the
question by a vote—the one getting the largest vote being entitled to the
floor.
The member upon whose motion the subject under discussion was brought
before the assembly (or, in case of a committee’s report, the one who
presented the report) is entitled to be recognized as having the floor
(if he has not already had it during that discussion), notwithstanding
another member may have first risen and addressed the Chair. If the
Chairman rise to speak before the floor has been assigned to any one, it
is the duty of a member who may have previously risen to take his seat.
[See Decorum in Debate, § 36.]
When a member has obtained the floor, he cannot be cut off from addressing the
assembly, nor be interrupted in this speech by a motion to adjourn, or for any
purpose, by either the Chairman or any member, except (a) to have entered on
the minutes a motion to reconsider [§ 27]; (b) by a call to order [§ 14]; (c)
by an objection to the consideration of the question [§ 15]; or (d) by a call
for the orders of the day [§ 13].* [See note to § 61.] In such cases the member
when he arises and addresses the Chair should state at once for what purpose he
rises, as, for instance, that he “rises to a point of order.” A call for an
adjournment, or for the question, by members in their seats, is not a motion;
as no motion can be made, without rising and addressing, the Chair, and being
announced by the presiding officer. Such calls for the question are themselves
breaches of order, and do not prevent the speaker from going on if he pleases.
3. Before any subject is open to debate [§ 34] it is
necessary, first, that a motion he made; second, that it be seconded, (see
exceptions below); and third, that it be stated by the presiding officer. When
the motion is in writing it shall be handed to the Chairman, and read before it
is debated.
This does not prevent suggestions of alterations, before the question is stated
by the presiding officer. To the contrary, much time may be saved by such
informal remarks; which, however, must never be allowed to run into debate. The
member who offers the motion, until it has been stated by the presiding
officer, can modify his motion, or even withdraw it entirely; after it is
stated he can do neither, without the consent of the assembly. [See §§ 5 and
17]. When the mover modifies his motion, the one who seconded it can withdraw
his second.
Exceptions: A call for the order of the day, a question of order
(though not an appeal), or an objection to the consideration of a
question [§§ 13, 14, 15], does not have to be seconded; and many
questions of routine are not seconded or even made; the presiding
officer merely announcing that, if no objection is made, such will be
considered the action of the assembly.
4. All Principal Motions [§ 6], Amendments and Instructions
to Committees, should be in writing, if required by the presiding officer.
Although a question is complicated, and capable of being made into several
questions, no one member (without there is a special rule allowing it) can
insist upon its being divided; his resource is to move that the question be
divided, specifying in his motion how it is to be divided. Any one else can
move as an amendment to this, to divide it differently.
This Division of a Question is really an amendment [§ 23], and subject
to the same rules. Instead of moving a division of the question, the
same result can be usually attained by moving some other form of an
amendment. When the question is divided, each separate question must be
a proper one for the assembly to act upon, even if none of the others
were 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 improper, as
there would be no committee to instruct.* [The 46th Rule of the House of
Representatives requires the division of a question on the demand of one
member, provided “it comprehends propositions in substance so distinct
that one being taken away, a substantive proposition shall remain for
the decision of the House.” But this does not allow a division so as to
have a vote on separate items or names. The 121st Rule expressly
provides that on the demand of one-fifth of the members a separate vote
shall be taken on such items separately, and others collectively, as
shall be specified in the call, in the case of a bill making
appropriations for internal improvements. But this right to divide a
question into items extends to no case but the one specified. The
common parliamentary law allows of no division except when the assembly
orders it, and in ordinary assemblies this rule will be found to give
less trouble than the Congressional one.]
The motion to “strike out certain words and insert others,” is
indivisible, as it is strictly one proposition.
5. After a question has been stated by the presiding
officer, it is in the possession of the assembly for debate; the mover cannot
withdraw or modify it, if any one objects, except by obtaining leave from the
assembly [§ 17], or by moving an amendment.
Art. II. General Classification of Motions.
[§§ 6-9.]
6. A Principal or Main Question or Motion, is a motion made
to bring before the assembly, for its consideration, any particular subject. No
Principal Motion can be made when any other question is before the assembly. It
takes precedence of nothing, and yields to all Privileged, Incidental and
Subsidiary Questions [§§ 7, 8, 9].
7. Subsidiary or Secondary Questions or Motions relate to a
Principal Motion, and enable the assembly to dispose of it in the most
appropriate manner. These motions take precedence of the Principal Question,
and must be decided before the Principal Question can be acted upon. They yield
to Privileged and Incidental Questions [§§ 8, 9], and are as follows (being
arranged in their order of precedence among themselves):
Lie on the Table ……………….. See § 19.
The Previous Question …………… ” § 20.
Postpone to a Certain Day ……….. ” § 21.
Commit ………………………… ” § 22.
Amend …………………………. ” § 23.
Postpone Indefinitely …………… ” § 24.
Any of these motions (except Amend) can be made when one of a lower
order is pending, but none can supersede one of a higher order. They
cannot be applied* [See Plan of Work and Definitions, in Introduction,
for explanation of some of these technical terms.] to one another except
in the following cases: (a) the Previous Question applies to the motion
to Postpone, without affecting the principal motion, and can, if
specified, be applied to a pending amendment [§ 20]; (b) the motions to
Postpone to a certain day, and to Commit, can be amended; and (c) a
motion to Amend the minutes can be laid on the table without carrying
the minutes with it [§ 19].
8. Incidental Questions are such as arise out of other
questions, and, consequently, take precedence of, and are to be decided before,
the questions which give rise to them. They yield to Privileged Questions [§
9], and cannot be amended. Excepting an Appeal, they are undebatable; an Appeal
is debatable or not, according to circumstances, as shown in § 14. They are as
follows:
Appeal (or Questions of Order) ……………………… See § 14.
Objection to the Consideration of a Question …………. ” § 15.
The Reading of Papers ……………………………… ” § 16.
Leave to Withdraw a Motion …………………………. ” § 17.
Suspension of the Rules ……………………………. ” § 18.
9. Privileged Questions are such as, on account of their
importance, take precedence over all other questions whatever, and on account
of this very privilege they are undebatable [§ 35], excepting when relating to
the rights of the assembly or its members, as otherwise they could be made use
of so as to seriously interrupt business. They are as follows (being arranged
in their order of precedence among themselves):
To Fix the Time to which the Assembly shall Adjourn …… See § 10.
Adjourn ………………………………………….. ” § 11.
Questions relating to the Rights and
Privileges of the Assembly or any of
its Members …………………………………….. ” § 12.
Call for the Orders of the Day ……………………… ” § 13.
Art. III. Motions and their Order of Precedence.* [For a list of all
the ordinary motions, arranged in their order of precedence, see § 64.
All the Privileged and Subsidiary ones in this Article are so arranged.]
[§§ 10-27.]
Privileged Motions.
[§§ 10-13. See § 9.]
10. To Fix the Time to which the Assembly shall Adjourn.
This motion takes precedence of all others, and is in order even after the
assembly has voted to adjourn, provided the Chairman has not announced the
result of the vote. If made when another question is before the assembly, it is
undebatable [§ 35]; it can be amended by altering the time. If made when no
other question is before the asembly, it stands as any other principal motion,
and is debatable.** [In ordinary societies it is better to follow the common
parliamentary law, and permit this question to be introduced as a principal
question, when it can be debated and suppressed [§ 58, 59] like other
questions. In Congress, it is never debatable, and has entirely superseded the
unprivileged and inferior motion to “adjourn to a particular time.”]
The Form of this motion is, “When this assembly adjourns, it adjourns to meet
at such a time.”
11. To Adjourn. This motion (when unqualified) takes
precedence of all others, except to “fix the time to which to adjourn,” to
which it yields. It is not debatable, and cannot be amended, or have any other
subsidiary motion [§ 7] applied to it. If qualified in any way it loses its
privileged character, and stands as any other principal motion. The motion to
adjourn can be repeated if there has been any intervening business, though it
be simply progress in debate [§ 26]. When a committee is through with any
business referred to it, and prepared to report, instead of adjourning, a
motion should be made “to rise,” which motion, in committee, has the same
privileges as to adjourn in the assembly [§ 32].
The effect upon Unfinished Business of an adjournment is as follows*
[“After six days from the commencement of a second or subsequent session
of any Congress, all bills, resolutions and reports which originated in
the House, and at the close of the next preceding session remained
undetermined, shall be resumed, and acted on in the same manner as if an
adjournment had not taken place.” Rule 136, H. R. Any ordinary society
that meets as seldom as once each year, is apt to be composed of as
different membership at its successive meetings, as any two successive
Congresses, and only trouble would result from allowing unfinished
business to hold over to the next yearly meeting.] [see Session, § 42]:
(a) When it does not close the session, the business interrupted by the
adjournment 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 it closes a session in an assembly which has more than one
regular session each year, then the unfinished business is taken up at
the next succeeding session previous to new business, and treated the
same as if there had been no adjournment [see § 44, for its place in the
order of business]. Provided, that, in a body elected for a definite
time (as a board of directors elected for one year), unfinished business
falls to the ground with the expiration of the term for which the board
or any portion of them were elected.
(c) When the adjournment closes a session in an assembly which does not meet
more frequently than once a year, or when the assembly is an elective body, and
this session ends the term of a portion of the members, the adjournment shall
put an end to all business unfinished at the close of the session. The business
can be introduced at the next session, the same as if it had never been before
the assembly.
12. Questions of Privilege. Questions relating to the
rights and privileges of the assembly, or any of its members, take precedence
of all other questions, except the two preceding, to which they yield. The
Previous Question [§ 20] can be applied to these, as to all other debatable
questions.
13. Orders of the Day. A call for the Orders of the Day
takes precedence of every other motion, excepting to Reconsider [§ 27], and the
three preceding, to which latter three it yields, and is not debatable, nor can
it be amended. It does not require to be seconded.
When one or more subjects have been assigned to a particular day or hour, 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 [§ 39]. And when that
day or hour arrives, if called up, they take precedence of all but the three
preceding questions [§§ 10, 11, 12]. Instead of considering them, the assembly
may appoint another time for their consideration. If not taken up on the day
specified, the order falls to the ground.
When the Orders of the Day are taken up, it is necessary to take up the
separate questions in their exact order, the one first assigned to the
day or hour, taking precedence of one afterwards assigned to the same
day or hour. (A motion to take up a particular part of the Orders of
the Day, or a certain question, is not a privileged motion). Any of the
subjects, when taken up, instead of being then considered, can be
assigned to some other time.
The Form of this question, as put by the Chair when the proper time
arrives, or on the call of a member, is, “Shall the Order of the Day be
taken up?” or, “Will the assembly now proceed with the Orders of the
Day?”
The Effect of an affirmative vote on a call for the Orders of the Day,
is to remove the question under consideration from before the assembly,
the same as if it had been interrupted by an adjournment [§ 11].
The Effect of a negative vote is to dispense with the orders merely so far as
they interfere with the consideration of the question then before the assembly.
Incidental Motions.
[§§ 14-18; see § 8]
14. Appeal [Questions of Order]. A Question of Order takes
precedence of the question giving rise to it, and must be decided by the
presiding officer without debate. If a member objects to the decision, he says,
“I appeal from the decision of the Chair.” If the Appeal is seconded, the
Chairman immediately states the question as follows: “Shall the decision of the
Chair stand as the judgement of the assembly?”* [The word Assembly can be
replaced by Society, Convention, Board, etc., according to the name of the
organization.] This Appeal yields to Privileged Questions [§ 9]. It cannot be
amended; it cannot be debated when it relates simply to indecorum [§ 36], or to
transgressions of the rules of speaking, or to the priority of business, or if
it is made while the previous question [§ 20] is pending. When debatable, no
member is allowed to speak but once, and whether debatable or not, the
presiding officer, without leaving the Chair, can state the reasons upon which
he bases his decision. The motions to Lie on the Table [§ 19], or for the
Previous Question [§ 20], can be applied to an Appeal, when it is debatable,
and when adopted they affect nothing but the Appeal. The vote on an Appeal may
also be reconsidered [§ 27]. An Appeal is not in order when another Appeal is
pending.
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 a breach of a rule to insist upon its enforcement. In such cases he
shall rise from his seat, and say, “Mr. Chairman, I rise to a point of order.”
The speaker should immediately take 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, permits the first
member to resume his speech. If the member’s remarks are decided to be
improper, and any one objects to his continuing his speech, he cannot continue
it without a vote of the assembly to that effect. Instead of the method just
described, it is usual, when it is simply a case of improper language used in
debate, 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. The
Chairman can ask the advice of members when he has to decide questions of
order, but the advice must be given sitting, to avoid the appearance of debate;
or the Chair, when unable to decide the question, may at once submit it to the
assembly. The effect of laying an appeal on the table, is to sustain, at least
for the time, the decision of the Chair, and does not carry to the table the
question which gave rise to the question of order.
15. Objection to the Consideration of a Question. An
objection can be made to any principal motion [§ 6], but only when it is first
introduced, before it has been debated. It is similar to a question of order [§
14,] in that it can be made while another member has the floor, and does not
require a second; and as the Chairman can call a member to order, so can he put
this question if he deems it necessary, upon his own responsibility. It can not
be debated [§ 35] or have any subsidiary motion [§ 7] applied to it. When a
motion is made and any member “objects to its consideration,” the Chairman
shall immediately put the question, “Will the assembly consider it?” or, “Shall
the question be considered” [or discussed]? If decided in the negative by a
two-thirds vote [§ 39], the whole matter is dismissed for that session [§ 42];
otherwise the discussion continues as if this question had never been made.
The Object of this motion is not to cut off debate (for which other
motions are provided, see § 37), but to enable the assembly to avoid
altogether any question which it may deem irrelevant, unprofitable or
contentious.* [In Congress, the introduction of such questions could be
temporarily prevented by a majority vote under the 41st Rule of the
House of Representatives, which is as follows: “Where any motion or
proposition is made, the question, ‘Will the House now consider it?’
shall not be put unless it is demanded by some member, or is deemed
necessary by the Speaker.” The English use the “Previous Question,” for
a similar purpose [see note to § 20]. The question of consideration is
seldom raised in Congress, but in assemblies with very short sessions,
where but few questions can or should be considered, it seems a
necessity that two-thirds of the assembly should be able to instantly
throw out a question they do not wish to consider. The more common
form, in ordinary societies, of putting this question, is, “Shall the
question be discussed?” The form to which preference is given in the
rule conforms more to the Congressional one, and is less liable to be
misunderstood.]
16. Reading Papers. [For the order of precedence, see § 8.]
Where papers are laid before the assembly, every member has a right to have
them once read before he can be compelled to vote on them, and 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 stated above) without
getting permission from the assembly.
17. Withdrawal of a Motion. [For order of precedence, see §
8.] When a question is before the assembly and the mover wishes to withdraw or
modify it, or substitute a different one in its place, if no one objects, the
presiding officer grants the permission; if any objection is made, it will be
necessary to obtain leave to withdraw, etc., on a motion for that purpose. This
motion cannot be debated or amended. When a motion is withdrawn, the effect is
the same as if it had never been made.* [In Congress, a motion may be withdrawn
by the mover, before a decision or amendment [Rule 40, H. R.]. Nothing would be
gained in ordinary societies by varying from the common law as stated above.]
18. Suspension of the Rules. [For the order of precedence,
see § 8.] This motion is not debatable, and cannot be amended, nor can any
subsidiary [§ 7] motion be applied to it, nor a vote on it be reconsidered [§
27], nor a motion to suspend the rules for the same purpose be renewed [§ 26]
at the same meeting, though it may be renewed after an adjournment, though the
next meeting be held the same day.* [In Congress, it cannot be renewed the same
day.] The rules of the assembly shall not be suspended except for a definite
purpose, and by a two-thirds vote.
The Form of this motion is, to “suspend the rules which interfere with,”
etc., specifying the object of the suspension.
Subsidiary Motions.
[§§ 19-24; see § 7.]
19. To Lie on the Table. This motion takes precedence of
all other Subsidiary Questions [§ 7], and yields to any Privileged [§ 9] or
Incidental [§ 8] Question. It is not debatable, and cannot be amended or have
any other subsidiary motion [§ 7] applied to it. It removes the subject from
consideration till the assembly vote to take it from the table.
The Form of this motion is, “I move that the question lie on the table,” or,
“that it be laid on the table,” or, “to lay the question on the table.” When it
is desired to take the question up again, a motion is made, either “to take the
question from the table,” or “to now consider such and such a question;” which
motion is undebatable, and cannot have any subsidiary motion applied to it.
The Object of this motion is to postpone the subject in such a way, that
at any time it can be taken up, either at the same or some future
meeting, which could not be accomplished by a motion to postpone, either
definitely or indefinitely. It is also frequently used to suppress a
question [§ 59], which it does, provided a majority vote can never be
obtained to take it from the table during that session [§ 42].
The Effect of this motion is in general to place on the table everything that
adheres to the subject; so that if an amendment be ordered to lie on the table,
the subject which it is proposed to amend, goes there with it. The following
cases are exceptional: (a) An appeal [§ 14] being laid on the table, has the
effect of sustaining, at least for the time, the decision of the Chair, and
does not carry the original subject to the table. (b) So when a motion to
reconsider [§ 27] a question is laid on the table, the original question is
left where it was before the reconsideration was moved. (c) An amendment to the
minutes being laid on the table does not carry the minutes with it.
Even after the ordering of the Previous Question up to the moment of
taking the last vote under it, it is in order to lay upon the table the
questions still before the assembly.
20. The Previous Question* [The Previous Question is a
technical name for this motion, conveying a wrong impression of its import, as
it has nothing to do with the subject previously under consideration. To demand
the previous question is equivalent in effect to moving “That debate now cease,
and the assembly immediately proceed to vote on the questions before it,” (the
exceptions are stated above). The English Previous Question is an entirely
different one from ours, and is used for a different purpose. In the English
Parliament it is moved by the enemies of a measure, who then vote in the
negative, and thus prevent for the day, the consideration of the main question,
(which in this country could be accomplished by “objecting to the consideration
of the question” [§ 15], if the objection were sustained). In our Congress, it
is moved by the friends of a measure, who vote in the affirmative with a view
to cutting off debate and immediately bringing the assembly to a vote on the
questions before it. The rules in the two cases are as different as the objects
of the motions. It requires only a majority vote for its adoption in the House
of Representatives, and is not allowed in the United States Senate.] takes
precedence of every debatable question [§ 35], and yields to Privileged [§ 9]
and Incidental [§ 8] questions, and to the motion to Lie on the table [§ 19].
It is not debatable, and cannot be amended or have any other Subsidiary [§ 7]
motion applied to it. It shall require a two-thirds vote for its adoption.
When a member calls for the previous question, and the call is seconded,
the presiding officer must immediately put the question: “Shall the
main question be now put?” If adopted, the member who introduced the
pending measure still has the right to close the debate [§ 34]; after
which the presiding officer, without allowing further discussion, shall
put to vote the questions before the assembly, in their order of
precedence, till the main question, with all its subsidiary and
incidental questions, is disposed of (see the exceptions below). If it
fails, the discussion continues as if this motion had not been made.
The previous question can be moved on a pending amendment, and if
adopted, debate is closed on the amendment only. After the amendment is
voted on, the main question is again open to debate and amendments. [In
this case the form of the question would be similar to this : “Shall
the amendment be now put to the question?”]
The Object of this motion is to bring the assembly to a vote on the
question before it without further debate. In ordinary assemblies it is
rarely expedient to deprive a large minority of the right of debate, and
yet two-thirds of the members should have the right to close the debate
when they think it best.
It applies to questions of privilege [§ 12] as well as any other
debatable questions. It is allowable for a member to submit a
resolution and at the same time move the previous question thereon.
To illustrate the Effect of this motion, suppose it is adopted when we
have before the assembly, (a) the main question; (b) an amendment; (c) a
motion to commit; (d) a motion to amend the last motion by giving the
committee instructions. The previous question being carried, the
presiding officer would immediately put the question on the last motion
(d); then on the motion to commit, (c); and if this is adopted, of
course the subject is referred to the committee and disposed of for the
present; but if it fails, the amendment (b) is put, and finally the main
question.
Exceptions: If the Previous Question is carried while a motion to Postpone is
pending, its effect is only to bring the assembly to a vote on that motion; if
it is voted not to postpone, the subject is again open for debate. So if an
Appeal [§ 14] or a motion to Reconsider [§ 27] is pending when the Previous
Question is ordered, it applies only to them and is exhausted by the vote on
them.
An affirmative vote on the motion to Commit [§ 22] exhausts the Previous
Question, and if the vote is reconsidered, it is divested of the Previous
Question.
[For other methods of closing debate see § 37 and § 58].
21. To Postpone to a Certain Day. This motion takes
precedence of a motion to Commit, or Amend, or Indefinitely Postpone, and
yields to any Privileged [§ 9] or Incidental [§ 8] question, and to the motion
to Lie on the Table, or for the Previous Question. It can be amended by
altering the time, and the Previous Question can be applied to it without
affecting any other motions pending. It allows of very limited debate [§ 35],
and that must not go into the merits of the subject matter any further than is
necessary to enable the assembly to judge the propriety of the postponement.
The Effect of this motion is to postpone the entire subject to the time
specified, until which time it cannot be taken up except by a two-thirds
vote [§ 13]. When that time arrives it is entitled to be taken up in
preference to every thing except Privileged questions. Where several
questions are postponed to different times and are not reached then,
they shall be considered in the order of the times to which they were
postponed. It is not in order to postpone to a time beyond that session
[§ 42] of the assembly, except* [In Congress a motion cannot be
postponed to the next session, but it is customary in ordinary
societies.] to the day of the next session when it comes up with the
unfinished business, and consequently takes precedence of new business
[§ 44]. If it is desired to hold an adjourned meeting to consider a
special subject, the time to which the assembly shall adjourn [§ 10]
should be first fixed before making the motion to postpone the subject
to that day.
22. To Commit [or Recommit as it is called when the subject
has been previously committed]. This motion takes precedence of the motions to
Amend or Indefinitely Postpone, and yields to any Privileged [§ 9] or
Incidental [§ 8] Question, and also to the motion to Lie on the Table, or for
the Previous Question, or to Postpone to a certain day. It can be amended by
altering the committee, or giving it instructions. It is debatable, and opens
to debate [§ 35] the merits of the question it is proposed to commit.
The Form of this motion is “to refer the subject to a committee.” When
different committees are proposed they should he voted in the following order:
(1) Committee the whole [§ 32], (2) a standing committee, and (3) a special (or
select) committee. The number of a committee is usually decided without the
formality of a motion, as in filling blanks [§ 25]: the Chairman asks “of how
many shall the committee consist?” and a question is then put upon each number
suggested, beginning with the largest. The number and kind of the committee
need not be decided till after it has been voted to refer the subject to a
committee. If the committee is a select one, and the motion does not include
the method of appointing it, and there is no standing rule on the subject, the
Chairman inquires how the committee shall be appointed, and this is usually
decided informally. Sometimes the Chair “appoints,” in which case he names the
members of the committee and no vote is taken upon them; or the committee is
“nominated” either by the Chair or members of the assembly (no member
nominating more than one except by general consent), and then they are all
voted upon together, except where more nominations are made than the number of
the committee, when they shall be voted upon singly.
Where a committee is one for action (a committee of arrangements for
holding a public meeting, for example), it should generally be small, and
no one placed upon it who is not favorable to the proposed action; and
if any such should be appointed he should ask to be excused. But when
the committee is for deliberation or investigation, it is of the utmost
importance that all parties be represented on it, so that in committee
the fullest discussion may take place, and thus diminish the chances of
unpleasant debates in the assembly.
In ordinary assemblies, by judicious appointment of committees, debates
upon delicate and troublesome questions can be mostly confined to the
committees, which will contain the representative members of all
parties. [See Reports of Committees, § 29.]
23. To Amend. This motion takes precedence of nothing but
the question which it proposed to amend, and yields to any Privileged [§ 9],
Incidental [§ 8] or Subsidiary [§ 7] Question, except to Indefinitely Postpone.
It can be amended itself, but this “amendment of an amendment” cannot be
amended. An Amendment may be inconsistent with one already adopted, or may
directly conflict with the spirit of the original motion, but it must have a
direct bearing upon the subject of that motion. To illustrate: a motion for a
vote of thanks could be amended by substituting for “thanks” the word
“censure;” or one condemning certain customs could be amended by adding other
customs.
An Amendment may be in any of the following forms: (a) to “add or insert”
certain words or paragraphs; (b) to “strike out” certain words or paragraphs,
the question, however, being stated by the Chair thus: “Shall these words (or
paragraphs) stand as a part of the resolution?” and if this is adopted (that
is, the motion to “strike out,” fails) it does not preclude either amendment or
a motion to “strike out and insert;” (c) “to strike certain words and insert
others,” which motion is indivisible, and if lost does not preclude another
motion to strike out the same words and insert different ones; (d) to
“substitute” another motion on the same subject for the one pending; (e) to
“divide the question” into two or more questions, as the mover specifies, so as
to get a separate vote on any particular point or points [see § 4].
If a paragraph is inserted it should be perfected by its friends
previous to voting on it, as when once inserted it cannot be struck out
or amended except by adding to it. The same is true in regard to words
to be inserted in a resolution, as when once inserted they cannot be
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. 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 which involves
exactly the same question as the one they have decided. The only way to
bring it up again is to move a Reconsideration [§ 27] of the vote by
which the words were inserted.
In stating the question on an Amendment the Chairman should read (1) the
passage to be amended; (2) the words to be struck out, if any; (3) the words to
be inserted, if any; and (4) the whole passage as it will stand if the
amendment is adopted. [For amending reports of committees, and propositions
containing several paragraphs, see § 44.]
The numbers prefixed to paragraphs are only marginal indications, and
should be corrected, if necessary, by the clerk, without any motion to
amend.
The following motions cannot be amended:
To Adjourn (when unqualified) ………………………. See § 11.
For the Orders of the Day ………………………….. ” § 12.
All Incidental Questions …………………………… ” § 8.
To Lie on the Table ……………………………….. ” § 19.
For the Previous Question ………………………….. ” § 20.
An Amendment of an Amendment ……………………….. ” § 23.
To Postpone Indefinitely …………………………… ” § 24.
Reconsider ……………………………………….. ” § 27.
An Amendment to Rules of Order, By-Laws or a Constitution shall require
previous notice and a two-thirds vote for its adoption [see § 45].
24. To Postpone Indefinitely. This motion takes precedence
of nothing except the Principal Question [§ 6], and yields to any Privileged [§
9], Incidental [§ 8] or Subsidiary [§ 7] Motion, except to Amend. It cannot be
amended; it opens to debate the entire question which it is proposed to
postpone. Its effect is to entirely remove the question from before the
assembly for that session [§ 42].
The Previous Question [§ 20], if ordered when this motion is pending,
applies only to it without affecting the main question.
Miscellaneous Motions.
[§§ 25-27.]
25. Filling Blanks. In filling blanks the largest sum and
the longest time proposed shall be first put to the question. Sometimes the
most convenient way of amending a resolution is to create a blank by moving to
strike out a certain number or time. It is customary for any number of members
to propose numbers to fill a blank without the formality of a motion, these
different propositions not being regarded in the light of amendments.
Nominations are treated in a similar manner, so that the second nomination,
instead of being an amendment to the first, is an independent motion, which, if
the first fails, is to be immediately voted upon. Any number of nominations can
be made, the Chairman announcing each name as he hears it, and they should be
voted upon in the order announced, until one receives a vote sufficient for an
election.
26. Renewal of a Motion. When any Principal Question [§ 6]
or Amendment has been once acted upon by the assembly, it cannot be taken up
again at the same session [§ 42] except by a motion to Reconsider [§ 27]. The
motion to Adjourn can be renewed if there has been progress in debate, or any
business transacted. As a general rule the introduction of any motion that
alters the state of affairs makes it admissible to renew any Privileged or
Incidental motion (excepting Suspension of the Rules as provided in § 18), or
Subsidiary motion (excepting an amendment), as in such a case the real question
before the assembly is a different one.
To illustrate: a motion that a question lie on the table having failed, suppose
afterwards it be moved to refer the matter to a committee, it is now in order
to move again that the subject lie on the table; but such a motion would not be
in order, if it were not made till after the failure of the motion to commit,
as the question then resumes its previous condition.
When a subject has been referred to a committee which reports at the
same meeting, the matter stands before the assembly as if it had been
introduced for the first time. A motion which has been withdrawn has
not been acted upon, and therefore can be renewed.
27. Reconsider. It is in order at any time, even when
another member has the floor, or while the assembly is voting on the motion to
Adjourn, during the day* [In Congress any one can move a reconsideration,
excepting where the vote is taken by yeas and nays [§ 38], when the rule above
applies. The motion can be made on the same or succeeding day.] on which a
motion has been acted upon, to move to “Reconsider the vote” and have such
motion “entered on the record,” but it cannot be considered while another
question is before the assembly. It must be made, excepting when the vote is by
ballot, by a member who voted with the prevailing side; for instance, in case a
motion fails to pass for lack of a two-thirds vote, a reconsideration must be
moved by one who voted against the motion.
A motion to reconsider the vote on a Subsidiary [§ 7] motion takes precedence
of the main question. It yields to Privileged [§ 9] questions (except for the
Orders of the Day), and Incidental [§ 8] questions.
This motion can be applied* [It is not the practice to reconsider an
affirmative vote on the motion to lie on the table, as the same result can be
more easily reached by the motion to take from the table. For a similar reason,
an affirmative vote on the motion to take from the table cannot be
reconsidered.] to every question, except to Adjourn and to Suspend the Rules.
It is debatable or not, just as the question to be reconsidered is debatable or
undebatable [§ 35]; when debatable, it opens up for discussion the entire
subject to be reconsidered, and can have the Previous question [§ 20] applied
to it without affecting any thing but the motion to reconsider. It can be laid
on the table [§ 19], and in such cases the last motion cannot be reconsidered;
it is quite common and allowable to combine these two motions (though they must
be voted on separately); in this case, the reconsideration like any other
question, can be taken from the table, but possesses no privilege.** [In
Congress this is a common method used by the friends of a measure to prevent
its reconsideration.] The motion to reconsider being laid on the table does not
carry with it the pending measure. If an amendment to a motion has been either
adopted or rejected, and then a vote taken on the motion as amended, it is not
in order to reconsider the vote on the amendment until after the vote on the
original motion has been reconsidered. If anything which the assembly cannot
reverse, has been done as the result a vote, then that vote cannot be
reconsidered.
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, its effect terminates with the session [§ 42], provided,* [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
is in order to move a reconsideration.] that in an assembly having regular
meetings as often as monthly, if no adjourned meeting upon another day is held
of the one at which the reconsideration was moved, its effect shall not
terminate till the close of the next succeeding session. [See note at end of
this section.] While this motion is so highly privileged as far as relates to
having it entered on the minutes, yet the reconsideration of another question
cannot be made to interfere with the discussion of a question before the
assembly, but as soon as that subject is disposed of, the reconsideration, if
called up, takes precedence of every thing except the motions to adjourn, and
to fix the time to which to adjourn. As long as its effect lasts (as shown
above), any one can call up the motion to reconsider and have it acted
upon—excepting that when its effect extends beyond the meeting at which the
motion was made, no one but the mover can call it up at that meeting. But the
reconsideration of an Incidental [§ 8] or Subsidiary [§ 7] motion shall be
immediately acted upon, as otherwise it would prevent action on the main
question.
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 can debate the question
reconsidered who had previously exhausted his right of debate [§ 34] on
that question; his only resource is to discuss the question while the
motion to reconsider is before the assembly.
When a vote taken under the operation of the previous question [§ 20] 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 [see latter part of § 20] by votes taken on all the
questions covered by it, before the motion to reconsider was made.
A reconsideration requires only a majority vote, regardless of the vote
necessary to adopt the motion reconsidered. [For reconsidering in
committee see § 28].
Note On Reconsider.—In the English Parliament a vote once taken cannot be
reconsidered, but in our Congress it is allowed to move a reconsideration of
the vote on the same or succeeding day, and after the close of the last day for
making the motion, any one can call up the motion to reconsider, so that this
motion cannot delay action more than two days, and the effect of the motion, if
not acted upon, terminates with the session. There seems to be no reason or
good precedent for permitting merely two persons, by moving a reconsideration,
to suspend for any length of time all action under resolutions adopted by the
assembly, and yet where the delay is very short the advantages of
reconsideration overbalance the evils.
Where a permanent society has meetings weekly or monthly, and usually
only a small proportion of the society is present, it seems best to
allow a reconsideration to hold over to another meeting, so that the
society may have notice of what action is about to be taken. To prevent
the motion being used to defeat a measure that cannot be deferred till
the next regular meeting, it is provided that in case the society
adjourn, to meet the next day for instance, then the reconsideration
will not hold over beyond that session; this allows sufficient delay to
notify the society, while, if the question is one requiring immediate
action, the delay cannot extend beyond the day to which they adjourn.
Where the meetings are only quarterly or annual, the society should be
properly represented at each meeting, and their best interests are
subserved by following the practice of Congress, and letting the effect
of the reconsideration terminate with the session.
Art. IV. Committees and Informal Action.
[§§ 28-33.]
28. Committees. It is usual in deliberative assemblies, to
have all preliminary work in the preparation of matter for their action, done
by means of committees. These may be either “standing committees” (which are
appointed for the session [§ 42], or for some definite time, as one year); or
“select committees,” appointed for a special purpose; or a “committee of the
whole” [§ 32], consisting of the entire assembly. [For method of appointing
committees of the whole, see § 32; other committees, see commit, § 22.] The
first person named on a committee is chairman, and should act as such, without
the committee should see fit to elect another chairman, which they are
competent to do. The clerk should furnish him, or some other member of the
committee, with notice of the appointment of the committee, giving the names of
the members, the matter referred to them, and such instructions as the assembly
have decided upon. The chairman shall call the committee together, and if there
is a quorum (a majority of the committee, see § 43,) he should read or have
read, the entire resolutions referred to them; he should then read each
paragraph, and pause for amendments to be offered; when the amendments to that
paragraph are voted on he proceeds to the next, only taking votes on
amendments, as the committee cannot vote on the adoption of matter referred to
them by the assembly.
If the committee originate the resolutions, they vote, in the same way, on
amendments to each paragraph of the draft of the resolutions, (which draft has
been previously prepared by one of their members or a sub-committee); they do
not vote on the separate paragraphs, but having completed the amendments, they
vote on the adoption of the entire report. When there is a preamble, it is
considered last. If the report originates with the committee, all amendments
are to be incorporated in the report; but, if the resolutions were referred,
the committee cannot alter the text, but must submit the original paper intact,
with their amendments (which may be in the form of a substitute, § 23) written
on a separate sheet.
A committee is a miniature assembly that must meet together in order to
transact business, and usually one of its members should be appointed its
clerk. Whatever is not agreed to by the majority of the members present at a
meeting (at which a quorum, consisting of a majority of the members of the
committee, shall be present) cannot form a part of its report. The minority may
be permitted to submit their views in writing also, either together, or each
member separately, but their reports can only be acted upon, by voting to
substitute one of them for the report of the committee. The rules of the
assembly, as far as possible, shall apply in committee; but a reconsideration
[§ 27] of a vote shall be allowed, regardless of the time elapsed, only when
every member who voted with the majority is present when the reconsideration is
moved.* [Both the English common parliamentary law and the rules of Congress
prohibit the reconsideration of a vote by a committee; but the strict
enforcement of this rule in ordinary committees, would interfere with rather
than assist the transaction of business. The rule given above seems more just,
and more in accordance with the practice of ordinary committees, who usually
reconsider at pleasure. No improper advantage can be taken of the privilege, as
long as every member who voted with the majority must be present when the
reconsideration is moved.] A committee (except a committee of the whole, § 32]
may appoint a sub-committee. When through with the business assigned them, a
motion is made for the committee to “rise” (which is equivalent to the motion
to adjourn), and that the chairman (or some member who is more familiar with
the subject) make its report to the assembly. The committee ceases to exist as
soon as the assembly receives the report [§ 30].
The committee has no power to punish its members for disorderly conduct, its
resource being to report the facts to the assembly. No allusion can be made in
the assembly to what has occurred in committee, except it be by a report of the
committee, or by general consent. It is the duty of a committee to meet on the
call of any two its of members, if the chairman be absent or decline to appoint
such meeting. When a committee adjourns without appointing a time for the next
meeting, it is called together in the same way as at its first meeting. 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.
29. Forms of Reports of Committees. The form of a report is
usually similar to the following:
A standing committee reports thus: “The committee on [insert name of
committee] respectfully report,” [or “beg leave to report,” or “beg
leave to submit the following report,”] etc., letting the report follow.
A select or special committee reports as follows: “The committee to
which was referred [state the matter referred] having considered the
same respectfully report,” etc. Or for “The committee” is sometimes
written “Your committee,” or “The undersigned, a committee.”
When a minority report is submitted, it should be in this form (the
majority reporting as above): “The undersigned, a minority of a
committee to which was referred,” etc. The majority report is the
report of the committee, and should never be made out as the report of
the majority.
All reports conclude with, “All of which is respectfully submitted.” They are
sometimes signed only by the chairman of the committee, but if the matter is of
much importance, it is better that the report be signed by every member who
concurs. The report is not usually dated, or addressed, but can he headed, as
for example, “Report of the Finance Committee of the Y. P. A., on Renting a
Hall.”
30. Reception of Reports. When the report of a committee is to be
made, the chairman (or member appointed to make the report) informs the
assembly that the committee to whom was referred such a subject or
paper, has directed him to make a report thereon, or report it with or
without amendment, as the case may be; either he or any other member may
move that it be “received”* [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 § 31), when the
intention is only to have the report up for consideration and afterwards
move its adoption. Still a third error is to move that “the report be
adopted and the committee discharged,” when the committee have reported
in full and their report been received, so that the committee has
already ceased to exist. If the committee however have made but a
partial report, or report progress, then it is in order to move that the
committee be discharged from the further consideration of the subject.]
now or at some other specified time.
Usually the formality of a vote on the reception of a report of a
committee is dispensed with, the time being settled by general consent.
Should any one object, a formal motion becomes necessary. When the time
arrives for the assembly to receive the report, the chairman of the
committee reads it in his place, and then delivers it to the clerk, when
it lies on the table till the assembly sees fit to consider it. If the
report consists of a paper with amendments, the chairman of the
committee reads the amendments with the coherence in the paper,
explaining the alterations and reasons of the committee for the
amendments, till he has gone through the whole. If the report is very
long, it is not usually read until the assembly is ready to consider it
[see §§ 31 and 44].
When the report has been received, whether it has been read or not, the
committee is thereby dissolved, and can act no more without it is
revived by a vote to recommit. If the report is recommitted, all the
parts of the report that have not been agreed to by the assembly, are
ignored by the committee as if the report had never been made.
31. Adoption of Reports. When the assembly is to consider a
report, a motion should be made to “adopt,” “accept,” or “agree to” the report,
all of which, when carried, have the same effect, namely, to make the doings of
the committee become the acts of the assembly, the same as if done by the
assembly without the intervention of a committee. If the report contains merely
a statement of opinion or facts, the motion should be to “accept” the report;
if it also concludes with resolutions or certain propositions, the motion
should be to “agree to” the resolutions, or to “adopt” the propositions. After
the above motion is made, the matter stands before the assembly exactly the
same as if there had been no committee, and the subject had been introduced by
the motion of the member who made the report. [See § 34 for his privileges in
debate, and § 44 for the method of treating a report containing several
propositions, when being considered by the assembly.]
32. 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.”* [In
large assemblies, such as the U. S. House of Representatives, where a member
can speak to any question but 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.]
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., specifying the subject. This is
really a motion to “commit” [see § 22 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” [§ 38].
The only way to close or limit debate in committee of the whole, is for the
assembly 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 regulate the time for debate.* [In
Congress no motion to limit debate in committee of the whole is in order till
after the subject has been already considered in committee of the whole. As no
subject would probably be considered more than once in committee of the whole,
in an ordinary society, the enforcement of this rule would practically prevent
such a society from putting any limit to debate in the committee. The rule as
given above, allows the society, whenever resolving itself into committee of
the whole, to impose upon the debate in the committee, such restrictions as are
allowed in Congress after the subject has already been considered in committee
of the whole.]
If no limit is prescribed, any member may speak as often as he can get
the floor, and as long each time as allowed in debate in the assembly,
provided no one wishes the floor who has not spoken on that particular
question. Debate having been closed at a particular time by order of
the assembly, it is not competent for the committee, even by unanimous
consent, to extend the time. The committee cannot refer the subject to
another committee. Like other committees [§ 28], 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 it 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.
This motion “to rise” is equivalent to the motion to adjourn, in the
assembly, and is always in order (except when another member has the
floor), and is undebatable. 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, arises and informs him, that
“the committee have gone through the business referred to them, and that
he is ready to make the report, when the assembly is ready to receive
it;” or he will make such other report as will suit the case.
The clerk does not record the proceedings of the committee on the
minutes, but should keep a memorandum of the proceedings for the use of
the committee. In large assemblies the clerk vacates his chair, which
is occupied by the chairman of the committee, and the assistant clerk
acts as clerk of the committee. Should the committee get disorderly,
and the chairman be unable to preserve order, the presiding officer can
take the chair, and declare the committee dissolved. The quorum of the
committee of the whole is the same as that of the assembly [§ 43]. If
the committee finds itself without a quorum, it can only rise and report
the fact to the assembly, which in such a case would have to adjourn.
33. Informal Consideration of a Question (or acting as if
in committee of the whole). It has become customary in many assemblies, instead
of going into committee of the whole, to consider the question “informally,”
and afterwards to act “formally.” In a small assembly there is no objection to
this.* [In the U. S. Senate all bills, joint resolutions and treaties, upon
their second reading are considered “as if the Senate were in committee of the
whole,” which is equivalent to considering them informally. [U. S. Senate Rules
28 and 38.] In large assemblies it is better to follow the practice of the
House of Representatives, and go into committee of the whole.] While acting
informally upon any resolutions, the assembly can only amend and adopt them,
and without further motion the Chairman announces that “the assembly acting
informally [or as in committee of the whole] has had such a subject under
consideration, and has made certain amendments, which he will report.” The
subject comes before the assembly then as if reported by a committee. While
acting informally, the Chairman retains his seat, as it is not necessary to
move that the committee rise, but at any time the adoption of such motions as
to adjourn, the previous question, to commit, or any motion except to amend or
adopt, puts an end to the informal consideration; as for example, 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.
While acting informally, every member can speak as many times as he
pleases, and as long each time as permitted in the assembly [§ 34], and
the informal action may be rejected or altered by the assembly. While
the clerk should keep a memorandum of the informal proceedings, it
should not be entered on the minutes, being only for temporary use. The
Chairman’s report to the assembly of the informal action, should be
entered on the minutes, as it belongs to the assembly’s proceedings.
Art. V. Debate and Decorum.
[§§ 34-37.]
34. Debate.* [In connection with this section read §§ 1-5.]
When a motion is made and seconded, it shall be stated by the Chairman before
being debated [see § 3]. When any member is about to speak in debate, he shall
rise and respectfully address himself to “Mr. Chairman.” [“Mr. President” is
used where that is the designated title of the presiding officer; “Brother
Moderator” is more common in religious meetings.] The Chairman shall then
announce his name [see § 2]. By parliamentary courtesy, the member upon whose
motion a subject is brought before the assembly is first entitled to the floor,
even though another member has risen first and addressed the Chair; [in case of
a report of a committee, it is the member who presents the report] ; and this
member is also entitled to close the debate, but not until every member
choosing to speak, has spoken. This right to make the last speech upon the
question, is not taken away by the Previous Question [§ 20] being ordered, or
in any other way. With this exception, no member shall speak more than twice to
the same question (only once to a question of order, § 14), 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 majority vote without debate.* [The
limit in time should vary to suit circumstances, but the limit of two speeches
of ten minutes each will usually answer in ordinary assemblies, and it can be
increased, when desirable, by a majority vote as shown above, or diminished as
shown in § 37. In the U. S. House of Representatives no member can speak more
than once to the same question, nor longer than one hour. The fourth rule of
the Senate is as follows: “No Senator shall speak more than twice in any one
debate on the same day, without leave of the Senate, which question shall be
decided without debate.” If no rule is adopted, each member can speak but once
to the same question.]
If greater freedom is desired, the proper course is to refer the subject to the
committee of the whole [§ 32], or to consider it informally [§ 33]. [For
limiting or closing the debate, see § 37.] No member can speak the second time
to a question, until every member choosing to speak has spoken. But 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. Merely asking a question, or making a suggestion, is not
considered as speaking.
35. Undebatable Questions. The following questions shall be
decided without debate, all others being debatable [see note at end of this
section]:
—To Fix the Time to which the Assembly shall Adjourn (when a privileged
question, § 10).
—To Adjourn [§ 11], (or in committee, to rise, which is used instead of
to adjourn).
—For the Orders of the Day [§ 13], and questions relating to the priority
of business.
—An Appeal [§ 14] when made while the Previous Question is pending, or
when simply relating to indecorum or transgressions of the rules of speaking,
or to the priority of business.
—Objection to the Consideration of a Question [§ 15].
—Questions relating to Reading of Papers [§ 16], or Withdrawing a Motion
[§ 17], or Suspending the Rules [§ 18], or extending the limits of debate [§
34], or limiting or closing debate, or granting leave to continue his speech to
one who has been guilty of indecorum in debate [§ 36].
—To Lie on the Table or to Take from the Table [§ 19].
—The Previous Question [§ 20].
—To Reconsider [§ 26] a question which is itself undebatable.
The motion to Postpone to a certain time [§ 21] allows of but very
limited debate, which must be confined to the propriety of the
postponement; but to Reconsider a debatable question [§ 26], or to
Commit [§ 22], or Indefinitely Postpone [§ 24], opens the main question
[§ 6] to debate. To Amend [§ 23] opens the main question to debate only
so far as it is necessarily involved in the amendment.
The distinction between debate and making suggestions or asking a
question, should always be kept in view, and when the latter will
assist the assembly in determining the question, is allowed to a
limited extent, even though the question before the assembly is
undebatable.
Note On Undebatable Questions.—The English common parliamentary law makes all
motions debatable, without there is a rule adopted limiting debate [Cushing’s
Manual, § 330]; but every assembly is obliged to restrict debate upon certain
motions. The restrictions to debate prescribed in this section conform to the
practice of Congress, where, however, it is very common to allow of brief
remarks upon the most undebatable questions, sometimes five or six members
speaking; this of course is allowed only when no one objects.
By examining the above list, it will be found, that, while free debate
is allowed upon every principal question [§ 6], it is permitted or
prohibited upon other questions in accordance with the following
principles:
(a) Highly privileged questions, as a rule, should not be debated, as in
that case they could be used to prevent the assembly from coming to a
vote on the main question; (for instance, if the motion to adjourn were
debatable, it could be used [see § 11] in a way to greatly hinder
business). High privilege is, as a rule, incompatible with the right of
debate on the privileged question.
(b) A motion that has the effect to suppress a question before the
assembly, so that it cannot again be taken up that session [§ 42],
allows of free debate. And a subsidiary motion [§ 7, except commit,
which see below,] 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 “Indefinitely Postpone” [§ 24] a question, places it
out of the power of the assembly to again take it up during that
session, and consequently this motion allows of free debate, even
involving the whole merits of the original question.
To “Postpone to a certain time” prevents the assembly taking up the
question till the specified time, and therefore allows of limited debate
upon the propriety of the postponement.
To “Lie on the Table” leaves the question so that the assembly can at any time
consider it, and therefore should not be, and is not debatable.
To “Commit” would not be very debatable, according to this rule, but it
is an exception, because it is often important that the committee should
know the views of the assembly on the question, and it therefore is not
only debatable, but opens to debate the whole question which it is
proposed to refer to the committee.
36. Decorum in Debate [see § 2]. 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
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 at any time the Chairman rises to state a point of order,
or give information, or otherwise speak, within his privilege [see § 40], the
member speaking must take his seat till the Chairman has been first heard. When
called to order, 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 there shall be no debate.
Disorderly words should be taken down by the member who objects to them,
or by the clerk, 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,
requiring both members to withdraw* [If both are personally interested.
[See page 161.]] till it has decided its course, it being a general rule
that no member should he present in the assembly when any matter
relating to himself is under debate. If any business has taken place
since the member spoke, it is too late to take notice of any disorderly
words he used.
37. Closing Debate. Debate upon a question is not closed by
the Chairman rising to put the question, as, until both the affirmative and
negative are put, a member can claim the floor, and re-open debate [see § 38].
Debate can be closed by the following motions, which are undebatable [§ 35],
and, except to Lie on the Table, shall require a two-thirds* [In Congress,
where each speaker can occupy the floor one hour, any of these motions to cut
off debate can be adopted by a mere majority. 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.] vote for their adoption [§ 39]:
(a) An objection to the consideration of a question [only allowable
when the question is first introduced, § 15], which, if sustained, not only
stops debate, but also throws the subject out of the assembly for that
session [§ 42]; which latter effect is the one for which it was
designed.
(b) To lie on the table [§ 19], which, if adopted, carries the
question to the table, from which it cannot be taken without a majority
favors such action.
(c) The previous question [§ 20], which has the effect of requiring
all the questions before the assembly [excepting as limited in § 20] to
be put to vote at once without further debate. It may be applied merely
to an amendment or to an amendment of an amendment.
(d) For the assembly to adopt an order (1) limiting debate upon a
special subject, either as to the number or length of the speeches; or
(2) closing debate upon the subject at a stated time, when all pending
questions shall be put to vote without further debate. Either of these
two measures may be applied only to a pending amendment, or an amendment
thereto, and when this is voted upon, the original question is still
open to debate and amendment.
Art. VI. Vote.
[§§ 38-39.]
38. Voting. Whenever from the nature of the question it
permits of no modification or debate, the Chairman immediately puts it to vote;
if the question is debatable, when the Chairman thinks the debate has been
brought to a close, he should inquire if the assembly is ready for the
question, and if no one rises he puts the question to vote. There are various
forms for putting the question, in use in different parts of the country. The
rule in Congress, in the House of Representatives, is as follows: “Questions
shall be distinctly put in this form, to-wit: ‘As many as are of the opinion
that (as the question may be) say Aye;’ and after the affirmative voice is
expressed, ‘As many as are of the contrary opinion, say No.’” The following
form is very common: “It has been moved and seconded that (here state the
question). As many as are favor of the motion say Aye; those opposed, No.” Or,
if the motion is for the adoption of a certain resolution, after it has been
read the Chairman can say, “You have heard the resolution read; those in favor
of its adoption will hold up the right hand; those opposed will manifest it by
the same sign.” These examples are sufficient to show the usual methods of
putting a question, the affirmative being always put first.
When a vote is taken, the Chairman should always announce the result in the
following form: “The motion is carried—the resolution is adopted,” or, “The
ayes have it—the resolution is adopted.” If, when he announces a vote, any
member rises and states that he doubts the vote, or calls for a “division,” the
Chairman shall say, “A division is called for; those in favor of the motion
will rise.” After counting these, and announcing the number, he shall say,
“Those opposed will rise.” will count these, announce the number, and declare
the result; that is, whether the motion is carried or lost. Instead of counting
the vote himself, he can appoint tellers to make the count and report to him.
When tellers are appointed, they should be selected from both sides of the
question. A member has the right to change his vote (when not made by ballot)
before the decision of the question has been finally and conclusively
pronounced by the Chair, but not afterwards.
Until the negative is put, it is in order for any member, in the same
manner as if the voting had not been commenced, to rise and speak, make
motions for amendment or otherwise, and thus renew the debate; and this,
whether the member was in the assembly room or not when the question was
put and the vote partly taken. In such case the question is in the same
condition as if it had never been put.
No one can vote on a question affecting himself, but if more than one name is
included in the resolution (though a sense of delicacy would prevent this right
being exercised, excepting when it would change the vote) all are entitled to
vote; for if this were not so, a minority could control an assembly by
including the names of a sufficient number in a motion, say for preferring
charges against them, and suspend them, or even expel them from the assembly.
When there is a tie vote the motion fails, without the Chairman gives his vote
for the affirmative, which in such case he can do. Where his vote will make a
tie, he can cast it and thus defeat the measure.
Another form of voting is by ballot. This method is only adopted when required
by the constitution or by-laws of the assembly, or when the assembly has
ordered the vote to be so taken. The Chairman, in such cases, appoints at least
two tellers, who distribute slips of paper upon which each member, including
the Chairman,* [Should the Chairman neglect to vote before the ballots are
counted, he cannot then vote without the permission of the assembly.] writes
his vote; the votes are then collected, counted by the tellers, and the result
reported to the Chairman, who announces it to the assembly. The Chairman
announces the result of the vote, in case of an election to office, in a manner
similar to the following: “The whole number of votes cast is —; the number
necessary for an election is —; Mr. A. received —; Mr. B. —; Mr. C. —. Mr. B.
having received the required number is elected —.” Where there is only one
candidate for an office, and the constitution requires the vote to be by
ballot, it is common to authorize the clerk to cast the vote of the assembly
for such and such a person; if any one objects however, it is necessary to
ballot in the usual way. So when a motion is made to make a vote unanimous, it
fails if any one objects. In counting the ballots all blanks are ignored.
The assembly can by a majority vote order that the vote on any question be
taken by Yeas and Nays.* [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.
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, and to avoid some of the
resulting inconveniences various rules and customs have been established, which
are ignored in this Manual, as according to it the yeas and nays can only be
ordered by a majority, which prevents its being made use of to hinder business.
In representative bodies it is very useful, especially where the proceedings
are published, as it enables the people to know how their representatives voted
on important measures. In some small bodies a vote on a resolution must be
taken by yeas and nays, upon the demand of a single member.] In this method of
voting the Chairman states both sides of the question at once; the clerk calls
the roll and each member as his name is called rises and answers yes or no, and
the clerk notes his answer. Upon the completion of the roll call the clerk
reads over the names of those who answered the affirmative, and afterwards
those in the negative, 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.
The form of putting a question upon which the vote has been ordered to be taken
by yeas and nays, is similar to the following: “As many as are in favor of the
adoption of these resolutions will, when their names are called, answer yes [or
aye]—those opposed will answer no.” The Chairman will then direct the clerk to
call the roll. The negative being put at the same time as the affirmative, it
is too late, after the question is put, to renew the debate. After the
commencement of the roll call, it is too late to ask to be excused from voting.
The yeas and nays cannot be ordered in committee of the whole [§ 32].
39. Motions Requiring More than a Majority Vote.* [Where no
rule to the contrary is adopted, a majority vote of the assembly, when a quorum
[§ 43] is present, is sufficient for the adoption of any motion, except for the
suspension of a rule, which can only be done by general consent, or
unanimously. Congress requires a two-thirds vote for only the motions to
suspend and to amend the Rules, to take up business out of its proper order,
and to make a special order [see note to § 37].] The following motions shall
require a two-thirds vote for their adoption, as the right of discussion, and
the right to have the rules enforced, should not be abridged by a mere
majority:
An Objection to the Consideration of a Question ………….. § 15.
To Take up a Question out of its proper order ……………. § 13.
To Suspend the Rules ………………………………….. § 18.
The Previous Question …………………………………. § 20.
To Close or Limit Debate ………………………………. § 37.
To Amend the Rules (requires previous notice also) ……….. § 43.
To Make a special order ……………………………….. § 13.
Art. VII. The Officers and the Minutes.
[§§ 40, 41.]
40. Chairman* [In connection with this section read § 44,
and also § 40, 41.] or President. The presiding officer, when no special title
has been assigned him, is ordinarily called the Chairman (or in religious
assemblies more usually the Moderator); frequently the constitution of the
assembly prescribes for him a title, such as President.
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 [§ 44]; to state and to put to vote [§ 38] all questions which are
regularly moved, or necessarily arise in the course of proceedings, and
to announce the result of the vote;
To restrain the members, when engaged in debate, within the rules of order; to
enforce on all occasions the observance of order and decorum [§ 36] among the
members, deciding all questions of order (subject to an appeal to the assembly
by any two members, § 14), and to inform the assembly when necessary, or when
referred to for the purpose, on a point of order or practice;
To authenticate, by his signature, when necessary, all the acts, orders
and proceedings of the assembly, and in general to represent and stand
for the assembly, declaring its will, and in all things obeying its
commands.
The chairman shall rise* [It is not customary for the chairman to rise while
putting questions in very small bodies, such as committees, boards of trustees,
&c.] to put a question to vote, but may state it sitting; he shall also
rise from his seat (without calling any one to the chair), when speaking to a
question of order, which he can do in preference to other members. In referring
to himself he should always use his official title thus: “The Chair decides so
and so,” not “I decide, &c.” When a member has the floor, the chairman
cannot interrupt him as long as he does not transgress any of the rules of the
assembly, excepting as provided in § 2.
He is entitled to vote when the vote is by ballot,* [But this right is
lost if he does not use it before the tellers have commenced to count
the ballots. The assembly can give leave to the chairman to vote under
such circumstances.] and in all other cases where the vote would change
the result. Thus in a case where 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.
Whenever a motion is made referring especially to the chairman, the
maker of the motion should put it to vote.
The chairman can, if it is necessary to vacate the chair, appoint a chairman
pro tem.,** [When there are Vice Presidents, then the first one on the list
that is present, is, by virtue of his office, chairman during the absence of
the President, and should always be called to the chair when the President
temporarily vacates it.] 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 clerk [§ 41], or in his absence any member, should
in such case call the meeting to order, and a chairman pro tem. be elected, who
would hold office during that session [§ 42], without such office was
terminated by the entrance of the regular chairman.
The chairman sometimes calls a member to the chair, and himself takes
part in the debate. But 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.* [The
unfortunate habit many chairmen have of constantly speaking upon
questions before the assembly, even interrupting the member who has the
floor, is unjustified by either the common parliamentary law, or the
practice of Congress. One who expects to take an active part in debate
should never accept the chair. “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, page 106.] “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 assembly have occasion for facts
within his knowledge; then he may, with their leave, state the matter of
fact.” [Jefferson’s Manual, sec. xvii, and Barclay’s “Digest of the
Rules and Practice of the House of Representatives, U. S.,” page 195.]]
The chairman should not only be familiar with parliamentary usage, and set the
example of strict conformity to it, but he should be aman of executive ability,
capable of controlling men; and it should never be forgotten, that, to control
others, it is necessary to control one’s self. An excited chairman can scarcely
fail to cause trouble in a meeting.
A chairman will often find himself perplexed with the difficulties
attending his position, and in such cases he will do well to heed the
advice of a distinguished writer on parliamentary law, and recollect
that—“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 deliberate sense.”
41. Clerk or Secretary [and the Minutes]. The recording
officer is usually called the “Clerk” or “Secretary,”* [When there are two
secretaries, he is termed the “recording secretary,” and the other one, the
“corresponding secretary.” In many societies the secretary, besides acting as
recording officer, collects the dues of members, and thus becomes to a certain
extent a financial officer. In most cases the treasurer acts as banker, only
paying on the order of the society, signed by the secretary alone, or by the
president and secretary. In such cases the secretary becomes in reality the
financial officer of the society, and should make reports to the society, of
funds received and from what sources, and of the funds expended and for what
purposes. See § 52 for his duties as financial officer.] and the record of
proceedings the “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
be done immediately. He should keep a record of the proceedings, commencing in
a form similar to the following :** [See Clerk and Minutes in Part II, § 51.]
“At a regular quarterly meeting of [state the name of the society] held on the
31st day of March, 1875, at [state the place of meeting], the President in the
chair, the minutes were read by the clerk and approved.” If the regular clerk
is absent, insert after the words “in the chair,” the following: “The clerk
being absent, Robert Smith was appointed clerk pro tem. The minutes were then
read and approved.” If the minutes were not read, say “the reading of the
minutes was dispensed with.” The above form will show the essentials, which are
as follows: (a) The kind of meeting, “regular” [or stated] or “special,” or
“adjourned regular,” or “adjourned special;” (6) name of the assembly; (c) date
and place of meeting (excepting when the place is always the same); (d) the
fact of the presence of the regular chairman and clerk, or in their absence the
names of their substitutes; (e) whether the minutes of the previous meeting
were approved.
The minutes should be signed by the person who acted as clerk for that
meeting: in some societies the chairman must also sign them. When
published, they should be signed by both officers.
In keeping the minutes much depends upon the kind of meeting, and
whether the minutes are to be published. If they are to be published,
it is often of far more interest to know what was said by the leading
speakers, than to know what routine business was done, and what
resolutions adopted.
In such case the duties of the secretary are arduous, and he should have at
least one assistant. In ordinary society meetings and meetings of Boards of
Managers and Trustees, on the contrary, there is no object in reporting the
debates; the duty of the clerk, in such cases, is mainly to record what is
“done” by the assembly, not what is said by the members. Without there is a
rule to the contrary, he should enter every Principal motion [§ 6] that is
before the assembly, whether it is adopted or rejected; and where there is a
division [see Voting, § 38], 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 [§
38], he should enter a list of the names of those voting on each side. He
should endorse 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. He should in the minutes make a brief summary of a
report that has been agreed to, except where it contains resolutions, in which
case the resolutions will be entered in full as adopted by the assembly, and
not as if it was the report accepted. The proceedings of the committee of the
whole [§ 32], or while acting informally [§ 33], should not be entered on the
minutes. Before an adjournment without day, it is customary to read over the
minutes for approval, if the next meeting of the board or society will not
occur for a long period. Where the regular meetings are not separated by too
great a time, the minutes are read at the next meeting.
The clerk should, previous to each meeting, for the use of the chairman,
make out an order of business [§ 44], 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 select committees as
are in existence at the time. When a committee is appointed, he should
hand the names of the committee and all papers referred to it to the
chairman, or some other of its members.
Art. VIII. Miscellaneous.
[§§ 42-45.]
42. A Session of an assembly is a meeting* [See definitions
in Introduction for the distinction between “meeting” and “session.”] 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 without day.” The intermediate adjournments from day to day, or
the recesses taken during the day, do not destroy the continuity of the
meeting—they in reality constitute one session. In the case of a permanent
society, having 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.
If a principal motion [§ 6] is indefinitely postponed or rejected at one
session, while it cannot be introduced again at the same session [see Renewal
of a Motion, § 26], it can be at the next, without it is prohibited by a rule
of the assembly.
No one session of the assembly can interfere with the rights of the assembly at
any future session,* [Any one session can adopt a rule or resolution of a
permanent nature, and it continues in force until at some future session it is
rescinded. But these Standing Rules, as they are termed, do not interfere with
future sessions, because at any moment a majority can suspend or rescind them,
or adopt new ones.] without it is expressly so provided in their Constitution,
Bylaws, 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, but may be considered as expressing the
deliberate views of the whole society, rather than the opinions or wishes of
any particular meeting. Thus, if the presiding officer were ill, it would not
be competent for one session of the assembly to elect a chairman to hold office
longer than that session, as it cannot control or dictate to the next session
of the assembly. By going through the prescribed routine of an election to fill
the vacancy, giving whatever notice is required, it could then legally elect a
chairman to hold office while the vacancy lasted. 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 a reconsideration [§ 27] of a vote
taken at a previous session [though the motion to reconsider can be called up,
provided it was made at the last meeting of the previous session.] 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 a great deal of 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. [Examine
Indefinitely Postpone, § 24, and Renewal of a Motion, § 26.] 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 principal question [§ 6] within, say, three or six 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 [§ 15].
43. A Quorum of an assembly is such a number as is
competent to transact its business. Without there is a special rule on the
subject, the quorum of every assembly is a majority of all the members of the
assembly. But whenever a society has any permanent existence, it is usual to
adopt a much smaller number, the quorum being often less than one-twentieth of
its members; this becomes a necessity in most large societies, where only a
small fraction of the members are ever present at a meeting.* [While a quorum
is competent to transact any business, it is usually not expedient to transact
important business without there is a fair attendance at the meeting, or else
previous notice of such action has been given.]
The Chairman should not take the chair till a quorum is present, except where
there is no hope of there being a quorum, and then no business can be
transacted, except simply to adjourn. So whenever during the meeting there is
found not to be a quorum present, the only thing to be done is to
adjourn—though if no question is raised about it, the debate can be continued,
but no vote taken, except to adjourn.
In committee of the whole, the quorum is the same as in the assembly; in
any other committee the majority is a quorum, without the assembly order
otherwise, and it must wait for a quorum before proceeding to business.
If the number afterwards should be reduced below a quorum, business is
not interrupted, unless a member calls attention to the fact; but no
question can be decided except when a quorum is present. Boards of
Trustees, Managers, Directors, etc., are on the same footing as
committees, in regard to a quorum. Their power is delegated to them as
a body, and what number shall be present in order that they may act as a
Board, is to be decided by the society that appoints the Board. If no
quorum is specified, then a majority constitutes a quorum.
44. 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 Standing Committees.
(3) Reports of Select Committees.
(4) Unfinished Business.
(5) New Business.
Boards of Managers, Trustees, etc., come under the head of standing
committees. Questions that have been postponed from a previous
meeting, come under the head of unfinished business; and if a subject
has been made a “special order” for the day, it shall take precedence of
all business except reading the minutes. If it is desired to transact
business out of its order, it is necessary to suspend the rules [§ 18],
which can only be done by a two-thirds vote; but as each subject comes
up, a majority can at once lay it on the table [§ 19], and thus reach
any question which they desire to first dispose of.
The order of business, in considering any report or proposition
containing several paragraphs,* [No vote should be taken on the adoption
of the several paragraphs,—one vote being taken finally on the
adoption of the whole paper. By not adopting separately the different
paragraphs, it is in order, after they have all been amended, to go back
and amend any of them still further. In committee a similar paper would
be treated the same way [see § 30]. In § 48 (b) an illustration is
given of the practical application of this section.] is as follows:
The whole paper should be read entirely through by the clerk; then the
Chairman should read it by paragraphs, pausing at the end of each, and
asking, “Are there any amendments proposed to this paragraph?” If none
are offered, he says, “No amendments being offered to this paragraph,
the next will be read;” he then reads the next, and proceeds thus to the
last paragraph, when he states that the whole report or resolutions have
been read, and are open to amendment. He finally puts the question on
agreeing to or adopting the whole paper as amended. If there is a
preamble it should be read after the last paragraph.
If the paper has been reported back by a committee with amendments, the clerk
reads only the amendments, and the Chairman then reads the first and puts it to
the question, and so on till all 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. Where the resolutions
have been just read by the member presenting them, the reading by the clerk is
usually dispensed with without the formality of a vote. By “suspending the
rules” [§ 18], or by general consent, a report can be at once adopted without
following any of the above routine.
45. Amendments of Rules of Order. These rules can be
amended at any regular meeting of the assembly, by a two-thirds vote of the
members present, provided the amendment was submitted in writing at the
previous regular meeting. And no amendment to Constitutions or By-Laws shall be
permitted, without at least equal notice and a two-thirds vote.*
[Constitutions, By-Laws and Rules of Order should always prohibit their being
amended by less than a two-thirds vote, and without previous notice of the
amendment being given. If the By-Laws should contain rules that it may be
desirable to occasionally suspend, then they should state how they can be
suspended, just as is done in these Rules of Order, § 18. If there is no such
rule it is impossible to suspend any rule, if a single member objects.