CHAPTER XIII

THEIR PARLIAMENTARY PROCEDURE

Knowledge of parliamentary law is, at some time or other, useful to

almost every member of an American community, yet few ever get more than

a confused and mistaken idea of its principles.

Absolute equality of rights and privileges among the members of an

assembly, the right to a full and free debate of every proposition

offered, the rule of the majority, and the limitation of consideration to

one thing at a time, are the cardinal principles upon which the rules of

order rest. To enforce them, a chairman or moderator must be chosen. He

always speaks of himself as “the chair.”

All the proceedings of an organized assembly, whatever its purpose or

composition, are founded upon the motion, which is really the form in

which action is proposed. Besides the main or principal motion, which is

the proposition in its original and simple form, there are subsidiary,

incidental, and privileged motions. They will be explained later.

A member who wishes to make a motion must rise in his place, and address

the chair—“Mr. Chairman” or “Mr. President,” as the case may be. He is

not to speak further until the chair has “recognized” him by pronouncing

his name.

Having been recognized, he proceeds to make his motion after this form:

“I move that this society attend in a body the Fourth of July exercises

at Riverside Park.”

In Congress, motions are not, as a rule, seconded; but in most voluntary

organizations, the chairman—except in matters of routine business—waits,

before stating the question, until some one says, “I second the motion.”

That, a member can do without rising. If no one offers to second the

motion, the chairman need not state the motion at all, and often refuses

to do so.

As soon as a motion has been seconded, however, the presiding officer

repeats it verbatim, as it was made. If the motion is long and

complicated, he may call for it in writing; and it is always a good plan

for one who intends to propose a motion of importance to write it out

before he rises to offer it.

Until a motion has been seconded, the maker may withdraw it. Until it

has been stated by the chair, he may withdraw it with the consent of

the seconder; but after it has been stated, it can be withdrawn only by

formal vote of the meeting.

The question having been stated, the chairman goes on to say, “Are you

ready for the question?” That opens the floor to debate. If no one offers

to speak, the chairman calls for the vote:

“All in favor of the motion will say, ‘Aye,’ all opposed, ‘No.’ The ayes”

(or noes) “have it, and the motion is carried” (or is lost, as the case

may be).

In case of doubt, the chair may order the ayes and noes to rise in turn,

and remain standing until they are counted. And if any member does not

agree with the chair’s decision of the vote by voice, he may “doubt” it.

Then a rising vote must be taken.

In most cases, however, there will be debate. The chairman will then

recognize the first member to rise, who may speak as long as the rules

of the particular body permit. The maker of a motion has, by custom, the

first opportunity to speak to it, if he wishes to do so, and usually,

also, the right to close the debate with another speech.

While a member is speaking, no other member is allowed to stand, unless

the speaker, on being appealed to, permits an interruption for the

purpose of asking a question or making a correction. But a speaker who is

using discourteous or improper language may be “called to order,” as will

be explained later.

A member has no right to remain standing while another is speaking, with

the idea of preëmpting the next recognition from the chairman; the chair

should not recognize a member unless he rose after the preceding speaker

had finished. When a member has once spoken to a motion, he has no right

to take the floor again, as long as any other member wishes to be heard,

except to make one of the subsidiary, incidental, or privileged motions

above referred to.

Those motions all supersede the consideration of the main motion. When

a subsidiary motion is made, the main motion is laid aside until the

subsidiary has been acted upon. When one of the incidental motions is

made, the main motion or any subsidiary motions must be laid aside until

the incidental motion is disposed of. The privileged motions displace

any of the others from consideration. _Only one thing at a time_ may be

before the “house.”

A. The SUBSIDIARY MOTIONS, all concerned with perfecting or advancing the

disposition of a main motion, are these:

(=a=) =Amendment.=—Any main motion is open to amendment, and any

amendment is open to further amendment. The amendment may be by adding

words or phrases, by eliminating words or phrases, or by the substitution

of certain words for some in the original motion. Any number of

amendments may be offered; only one at a time can be considered. When an

amendment to an amendment is offered, it displaces the amendment from

consideration, just as the first amendment displaced the original motion.

An amendment ought not to be offered in a negative form; it is a good

plan, when that is done, to amend it at once to a positive form, so

that there shall be no misunderstanding when it comes to a vote. It is

confusing when the vote “Aye” means not to do a certain thing, and the

vote “No” means to do it.

The amendment must also conform to the subject-matter of the main

motion. The chairman must rule “out of order” an amendment that tries to

introduce an entirely different subject. The question on an amendment is

put just as it is on a main motion, but the chairman should be careful to

repeat the whole motion, _with the proposed amendment_, so that all may

understand what they are voting on.

(=b=) =Indefinite Postponement.=—At any time when the main motion

alone is before the assembly, a motion to postpone its consideration

indefinitely is in order. This motion is open to debate, and if carried,

makes any further discussion of the main motion impossible at that

session; and at a later session it can be brought in only as “new

business,” as if it had never been proposed before.

(=c=) =To Commit.=—At any time when a motion or an amendment is under

discussion, a motion to refer to a committee may be made. In most

legislative bodies this is the immediate fate of almost every motion of

importance; in clubs and similar organizations, matters that require

investigation and special information are properly referred to a

committee. The motion is debatable and open to amendment—usually as to

the number of the committee, or the time when a report shall be made.

If the reference is to a special, and not a “standing” committee, the

chairman, when the choice is left to him, often appoints the member who

proposed the reference, chairman, although he need not do so unless he

chooses.

When a committee has prepared and presented its report, the

chairman moves its adoption—if it makes any specific proposition or

recommendation. Reports which merely state facts or “report progress” are

“accepted,” not “adopted.” A committee, after making its final report,

is _ipso facto_ discharged. But a formal motion to discharge a committee

may be made and entertained at its own request, or in case of a partial

report or unsatisfactory performance of its duties.

Sometimes committees disagree, and majority and minority reports are

presented. In such a case the first motion to be made is usually for the

adoption of the majority report. Then an amendment to substitute for

it the minority report often follows, and after debate, the vote comes

on the question of substitution. If that fails, the vote recurs on the

adoption of the majority report.

(=d=) =Postponement.=—A motion to postpone consideration to a definite

time is in order while any of the motions already described are under

discussion. It is debatable, but the chairman should not let the debate

extend beyond the proper time of postponement. If carried, the main

motion cannot again be considered before the specified time, except

by a two-thirds vote. But when that time has arrived, if a certain

hour was named, the postponed motion takes precedence of any other

business, except the privileged questions later to be described. If

the postponement was to a certain day only, the motion comes up when

“unfinished business” is reached.

Any of the motions already named will yield to a motion for

(=e=) =The Previous Question.=—That, if carried, closes all debate,

and puts the matter at once to a vote. It is in order only when there

has been a fair amount of discussion. It is not itself debatable, and

requires a two-thirds vote to pass. If amendments are pending when the

previous question is ordered, they must be voted on one after another;

then the main motion must be put, without further debate. But a member

may, if he please, move the previous question on an amendment only—in

which case the main motion will still be open to debate.

Finally, a motion

(=f=) =To Lay on the Table= takes precedence of any of the other motions

enumerated. It is not debatable. Its effect is to postpone action on

a motion, but it permits the reintroduction of the motion at any time

during that or the next following session. Its proper use is to lay

aside a motion until further information can be obtained, or until a

more favorable time for its consideration; but since the enemies of a

motion, if they are strong enough to lay a motion on the table, are often

strong enough to prevent its being taken from the table, this motion

often serves to suppress a question without actually voting it down. A

motion to take a motion from the table is in order at any time when other

business is not before the house, during the same or the next following

session.

B. The INCIDENTAL MOTIONS are seven in number, and are of equal

parliamentary standing. That is to say, any of them may be introduced

while the main or a subsidiary motion is pending, but no one of them

takes precedence over any other; no second incidental motion may be

offered while one is under consideration. All of them, save only the

appeal from the decision of the chair, are peremptory motions, and not

debatable. They are as follows:

(=a=) =Suspension of the Rules.=—This is a motion to suspend the

operation of the rules of order that the particular body has adopted,

in order to permit the consideration of some pressing matter out of its

usual place. By-laws may not thus be suspended, and the rules of order

may be suspended only by a two-thirds vote. Nor can the motion, if voted

down, be renewed while the same question is under consideration; the

chairman must rule it “out of order” if the attempt is made. The motion

should be made in this form: “Mr. Chairman, I move the suspension of the

rules for the consideration of the question—” which should then be stated

in full.

(=b=) =Withdrawing a Motion.=—When a motion is fairly before the house,

the mover may withdraw it only by rising and moving its withdrawal. No

one but the maker of the original motion can move to withdraw. There can

be no debate, and a majority vote permits the withdrawal.

(=c=) =Dividing a Motion.=—If a motion contains two or more distinct

propositions, it is sometimes convenient to divide it, and vote

separately on each proposition, especially if one seems likely to

encounter more opposition than the others. The motion is not debatable.

(=d=) =To Read Papers.=—This is a motion to have the pending motion read

again for the information and guidance of members, or to have other

material read which seems likely to help in the intelligent consideration

of the question. When such a motion is made, the chairman usually says,

“If there is no objection, the paper” (or the motion) “will be read.” If

any one objects, the motion must be put to vote. A majority vote carries

it.

(=e=) =Objection to Consideration.=—Sometimes silly or needless motions

are made, or motions which are likely to stir up ill feeling. Objection

to the consideration of such business may be made by any member as soon

as the motion has been stated by the chair. No second is needed, no

debate is allowed, and a two-thirds vote is required. The proceeding is

often a useful one, but it requires quick wit to employ it; for as soon

as debate has actually begun, the objection is out of order. In such a

case the indefinite postponement already described is the best way of

suppressing the troublesome motion.

It should be noted that when the objection is put to vote, all those who

are in _favor of considering the question_ are asked to vote “Aye”; those

who oppose its consideration and sustain the objection are asked to vote

“No.”

(=f=) =Points of Order.=—The chairman is, of course, in constant charge

of the meeting, enforcing the rules of order and the principles of

parliamentary law, and calling to order members whose language is unduly

violent or discourteous. If he fails to perform any of these duties,

it is proper for a member to “rise to a point of order,” and call the

chair’s attention to the infraction of the rules.

Thus if a member moves to commit a motion while the assembly is debating

on the proposal to postpone it to a definite time, a member may say:

“Mr. Chairman, I rise to a point of order.”

The Chair: “State your point.”

“The motion to refer to a committee is not in order until the motion to

postpone has been voted on.”

“The point is well taken; the motion to refer to a committee is out of

order.”

Or the chair may decide the point “not well taken.” In that case, the

member who made it may, if he please:

(=g=) =Appeal.=—The appeal requires a second, and when made, is sometimes

open to debate. The question is put in the form:

“Shall the decision of the chair be sustained?” The ayes, therefore, vote

for the chair, and the noes in favor of the appeal. A tie vote sustains

the chair.

When an appeal has been sustained, the chair must act in accordance with

it, even though he knows he is violating the rules in doing so. He is the

servant of the house, and must take his instructions from it.

A member may also object to the language used by another member, and call

him to order. A member thus called to order must at once take his seat

until the chair has ruled on the point. If the decision is against him,

he may resume speaking only after offering an apology, and the assembly

may, if it please, deny him the right to speak further.

C. The PRIVILEGED QUESTIONS are few in number, but they displace all the

motions already described, and also have certain relative values among

themselves.

(=a=) =Orders of the Day.=—A society sometimes fixes a certain order of

business to be carried out at a particular time at each meeting; this

is the general order. When, at a previous meeting, a question has been

postponed to a particular hour of a succeeding meeting, that question

becomes a special order for that day.

When the proper time arrives, the chair may call the attention of the

meeting to the fact, or a member may rise and “call for the order of the

day.” Whatever business is pending must at once be suspended. Once before

the meeting, the question may be again postponed if the house so votes,

in which case the suspended business is resumed. Otherwise the order

passes to a decision in the regular way. The order of the day must be

called for at the proper time; if forgotten or neglected then, it loses

its privilege, and can be taken up only as unfinished business later.

When it is called for, the meeting may vote not to take it up. That means

that it prefers to dispose first of the business already before it. But

as soon as that is done with, the order of the day _must_ be taken up

next.

(=b=) =Questions of Privilege.=—These are matters affecting the rights,

dignity, or reputation of individual members or of the whole assembly,

and any business may be interrupted to state them. A member who feels

that his right to debate is infringed by the chair or by other members,

who feels that his character is assailed or his views misrepresented,

may “rise to a question of privilege.” Also unsatisfactory conditions of

light or ventilation, unseemly behavior of members or visitors, charges

against the official conduct of officers of the body, and so forth, are

suitable matters for questions of privilege. The chair need not entertain

the question if he thinks it of insufficient importance, but his decision

is subject to appeal. If the question is put as a motion, it is like any

motion subject to amendment, commitment, postponement, and so forth. All

such questions are debatable.

(=c=) =Recess.=—The motion to take a recess outranks all motions already

enumerated. It cannot be amended or debated.

(=d=) =Adjournment.=—A motion to adjourn outranks all others, and may

be made at any time except while a member is speaking, while voting is

going on, or while the chair is stating a question. It is not debatable,

and may be renewed if lost. But if repeated motions to adjourn are made

simply to obstruct business, the chair may finally refuse to entertain

them. A special form of this motion of still greater privilege is that

fixing the time and place of adjournment.

When adjournment has been carried in a body that is meeting in continuous

session, day after day, the business left unfinished comes up at once on

reassembling, unless displaced by the order of the day. When a body has

only a weekly or a monthly meeting, such business would be considered

when unfinished business was reached in the regular order.

D. There are a few other motions which do not fall under any of the heads

named. For example:

(a) A motion may be made to limit the length of time which each speaker

may occupy, or which the entire debate may occupy, or to extend the time

already decided upon, or to fix the hour when the debate shall close and

a vote be taken. These are undebatable, but may be amended, and require a

two-thirds vote to pass.

(b) After a motion has been adopted or defeated, a motion to “reconsider”

is in order, either during that meeting or the next one. _It must be

made by one who voted on the prevailing side_, whether affirmative or

negative. If it is carried, the question is again before the house for

debate and amendment, just as it stood when the vote passing or defeating

it was taken. The motion to reconsider is in order at any time, even

while other business is under consideration. When so made, however, the

fact is entered on the minutes, and the motion waits until the pending

business is disposed of.

(c) When the time has expired during which reconsideration may be moved,

a motion to rescind action already taken may be made. This may be made

when no other matter is pending, and is fully debatable.

(d) Although it is a general rule that a motion once voted down can be

taken up only through a motion to reconsider, most motions, except main

motions and amendments, may be renewed if the status of the business

before the house has been changed in the meantime. For example, a motion

to lay a question on the table is made and voted down. Then a motion to

postpone it to a certain time is made. The motion to lay on the table

may now be renewed, although it could not be renewed after the motion

to postpone was defeated, since in that case the status of the question

would again be what it was when the first motion to lay on the table was

defeated.

(e) Parliamentary inquiries are allowable at any time, when a member is

not speaking. They are questions addressed to the chair concerning the

propriety of motions that the questioner wishes to offer if they would be

in order, the meaning of rules or decisions, and the like.

=Order of Business.=—This may well be different for different bodies, but

the following is a useful form:

Meeting called to order.

Minutes of last meeting read and approved.

Communications from other bodies or persons.

Reports of any officers which are due.

Reports from standing or special committees.

Unfinished business.

New business.

Literary or other programme, if any.

Adjournment.

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